Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES
Chapter 10.19.03 - Controlled Dangerous Substances
Section 10.19.03.02 - Definitions
Universal Citation: MD Code Reg 10.19.03.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. As used in this chapter, unless otherwise provided, those definitions appearing in Criminal Law Article, §5-101, Annotated Code of Maryland, shall apply.
B. In this chapter, the following terms have the meanings indicated.
C. Terms Defined.
(1) "Act" means the Maryland Controlled
Dangerous Substances Act, Criminal Law Article, §§5-101 -5-1101, Annotated
Code of Maryland.
(2) Commercial
Container.
(a) "Commercial container" means
any bottle, jar, tube, ampule, or other receptacle in which a substance is held
for distribution or dispensing to an ultimate user.
(b) "Commercial container" includes any box
or package in which a receptable is held for distribution or dispensing to an
ultimate user.
(c) "Commercial
container" does not include any package liner, package insert, or other
material kept with or within a commercial container, or any carton, crate,
drum, or other package in which commercial containers are stored or are used
for shipment of controlled dangerous substances.
(3) Controlled Premises.
(a) "Controlled premises" means places where
original or other records or documents required under the Act are kept or
required to be kept.
(b)
"Controlled premises" includes factories, warehouses, other establishments, and
conveyances, where persons registered under the Act or exempt from registration
under the Act may lawfully hold, manufacture, distribute, dispense, administer,
or otherwise dispose of controlled dangerous substances.
(4) "Department" means the Department of
Health and Mental Hygiene of the State.
(5) "Division of Drug Control" means a
division within the Department of Health and Mental Hygiene.
(6) "Federal Act" means the Controlled
Substance Act (84 Stat. 1242;
21 U.S.C.
801) or the Controlled Substance Import and
Export Act (84 Stat. 1285; 21 U.S.C. 951).
(7) Individual Practitioner.
(a) "Individual practitioner" means a
physician, dentist, veterinarian, or other individual licensed, registered, or
otherwise permitted by the United States or the jurisdiction in which the
individual practitioner practices, to dispense a controlled dangerous substance
in the course of professional practice.
(b) "Individual practitioner" does not
include a pharmacist, a pharmacy, or an institutional practitioner.
(8) "Inspector" means an officer
or employee of the Department authorized by the Secretary to make inspections
under the Act.
(9) Institutional
Practitioner.
(a) "Institutional
practitioner" means a hospital or other person other than an individual
licensed, registered, or otherwise permitted by the United States or the
jurisdiction in which it practices, to dispense a controlled dangerous
substance in the course of professional practice.
(b) "Institutional practitioner" does not
include a pharmacy.
(10)
"Labeling" means all labels and other written, printed, or graphic matter on
any controlled substance or any of its commercial containers or wrappers
accompanying controlled dangerous substances.
(11) Manufacture.
(a) "Manufacture" means the:
(i) Producing, preparation, propagation,
compounding, or processing of a drug or other substance;
(ii) Packaging or repackaging of the
substance; or
(iii) Labeling or
relabeling of the commercial container of the substance.
(b) "Manufacture" does not include the
activities of a practitioner who, as an incident to the practitioner's
administration or dispensing the substance in the course of the practitioner's
professional practice, prepares, compounds, packages, or labels the
substance.
(12)
"Manufacturer" means a person who manufactures a drug or other substance under:
(a) A registration as a manufacturer;
or
(b) Authority of registration as
a researcher or chemical analyst.
(13) Pharmacist.
(a) "Pharmacist" means any pharmacist
licensed in the State to dispense controlled dangerous substances.
(b) "Pharmacist" includes any other
individual, for example, a pharmacist intern, authorized by a state to dispense
controlled dangerous substances under the supervision of a pharmacist licensed
by that state.
(14)
Prescription.
(a) "Prescription" means an
order for medication that is dispensed to or for an ultimate user.
(b) "Prescription" does not include an order
for medication which is dispensed for immediate administration to the ultimate
user, such as an order to dispense a drug to a bed patient for immediate
administration in a hospital.
(15) "Registration" means initial
registration or subsequent reregistration.
(16) "Secretary" means the Secretary of
Health and Mental Hygiene.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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