54-1752. DEFINITIONS. As used in sections 54-1751 through 54-1759, Idaho Code:

(1) "Chain pharmacy warehouse" means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership and control.

(2) "Colicensed partner or product" means an instance where two (2) or more parties have the right to engage in the manufacturing and/or marketing of a prescription drug, consistent with the federal food and drug administration’s implementation of the prescription drug marketing act.

(3) "Manufacturer" means a person, including a colicensed partner or affiliate of that person, who prepares, derives, manufactures, produces or repackages a drug or is licensed or approved by the federal food and drug administration to engage in the manufacture of drugs.

(4) "Person" means an individual, corporation, business entity, government, governmental subdivision or agency, partnership, business trust, association or any other legal entity.

(5) "Prescription drug" means any drug, including any biological product, except for blood and blood components intended for transfusion or biological products that are also medical devices, required by federal law or federal regulation to be dispensed only by a prescription, including finished dosage forms and bulk drug substances, subject to section 503(b) of the federal food, drug and cosmetic act.

(6) "Repackage" means repackaging or otherwise changing the container, wrapper or labeling to further the distribution of a prescription drug, excluding that completed by the pharmacist responsible for dispensing product to the patient.

(7) "Reverse distributor" means a drug outlet that receives nonsaleable prescription drugs from persons or their agents, who may lawfully possess prescription drugs without being issued a valid prescription drug order, and processes for credit or disposes of such prescription drugs.

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

(a) Drug returns, when conducted by a hospital, health care entity or charitable institution in accordance with 21 CFR 203.23.

(b) 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.

(c) The delivery of, or offer to deliver, a prescription drug by a common carrier solely in the common carrier’s usual course of business of transporting prescription drugs, and such common carrier does not store, warehouse or take legal ownership of the prescription drug.

(d) The sale or transfer from a retail pharmacy or chain pharmacy warehouse of expired, damaged, mis-picked, returned or recalled prescription drugs to the original manufacturer, original wholesaler, or third party returns processor, including a reverse distributor.

History:

[54-1752, added 2007, ch. 319, sec. 1, p. 949; am. 2009, ch. 105, sec. 1, p. 320; am. 2009, ch. 143, sec. 7, p. 430; am. 2011, ch. 144, sec. 1, p. 405; am. 2013, ch. 270, sec. 3, p. 702; am. 2014, ch. 34, sec. 3, p. 56; am. 2015, ch. 28, sec. 5, p. 51.]