As used in this chapter:

(1) "Blood" means whole blood collected from a single donor and processed either for transfusion or further manufacturing.

(2) "Blood component" means that part of blood separated by physical or mechanical means.

(3) "Board of Pharmacy" or "Board" means the Vermont State Board of Pharmacy.

(4) "Disciplinary action" or "disciplinary cases" includes any action taken by the Board against a licensee or others premised upon a finding of wrongdoing or unprofessional conduct by the licensee. It includes all sanctions of any kind, including obtaining injunctions, issuing warnings, and other similar sanctions.

(5) "Dispense" or "dispensing" means the preparation and delivery of a prescription drug pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug.

(6) "Drug" means:

(A) articles recognized as drugs in the official U.S. Pharmacopoeia, official national formulary, official homeopathic pharmacopoeia, other drug compendium, or any supplement to any of them;

(B) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;

(C) articles (other than food) intended to affect the structure or any function of the body of humans; and

(D) articles intended for use as a component of any articles specified in subdivision (6)(A), (B), or (C) of this section.

(7) "Drug outlet" means all pharmacies, nursing homes, convalescent homes, extended care facilities, drug abuse treatment centers, penal institutions, family planning clinics, retail stores, hospitals, wholesalers, manufacturers, any authorized treatment centers, and mail order vendors which are engaged in dispensing, delivery, or distribution of prescription drugs.

(8) "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug.

(9) "Financial interest" means being:

(A) a licensed practitioner of pharmacy; or

(B) a person who deals in goods and services which are uniquely related to the practice of pharmacy; or

(C) a person who has invested anything of value in a business which provides pharmacy services; or

(D) a person who is a parent, child, brother, sister, grandparent, or spouse of any person otherwise having a "financial interest" under this subsection.

(10) "Manufacturer" means anyone who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug.

(11) "Nonprescription drugs" means nonnarcotic medicines or drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the statutes and regulations of this State and the federal government.

(12) "Pharmacist" means an individual licensed under this chapter.

(13) "Pharmacy technician" means an individual who performs tasks relative to dispensing only while assisting, and under the supervision and control of, a licensed pharmacist.

(14) "Practice of pharmacy" means the interpretation and evaluation of prescription orders; the compounding, dispensing, and labeling of drugs and legend devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially packaged legend drugs and legend devices); the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and legend devices and the maintenance of proper records therefor; the responsibility for advising, where necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and legend devices; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy. A rule shall not be adopted by the Board under this chapter that shall require the sale and distribution of nonprescription drugs by a licensed pharmacist or under the supervision of a licensed pharmacist or otherwise interfere with the sale and distribution of such medicines.

(15) "Practitioner" means an individual authorized by the laws of the United States or its jurisdictions or Canada to prescribe and administer prescription drugs in the course of his or her professional practice and permitted by that authorization to dispense, conduct research with respect to, or administer drugs in the course of his or her professional practice or research in his or her respective state or province.

(16) "Prescription drug" means any human drug required by federal law or regulation to be dispensed only by a prescription, including finished dosage forms and active ingredients subject to Section 503(b) of the Federal Food, Drug and Cosmetic Act.

(17) "Wholesale distribution" means distribution of prescription drugs to persons other than a consumer or patient, but does not include:

(A) Intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity.

(B) The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations.

(C) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a charitable organization described in Section 501(c)(3) of the U.S. Internal Revenue Code of 1986, as amended, to a nonprofit affiliate of the organization to the extent otherwise permitted by law.

(D) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug among hospitals or other health care entities that are under common control. For purposes of this subdivision, "common control" means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract or otherwise.

(E) The sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug for "emergency medical reasons." For purposes of this subdivision, "emergency medical reasons" include transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage.

(F) The sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the dispensing of a drug pursuant to a prescription.

(G) The distribution of drug samples by manufacturers’ representatives or distributors’ representatives.

(H) The sale, purchase, or trade of blood or blood components intended for transfusion.

(18) "Wholesale drug distributor" means any person who is engaged in wholesale distribution of prescription drugs, but does not include any for hire carrier or person hired solely to transport prescription drugs. (Added 1977, No. 266 (Adj. Sess.),