218A.010 Definitions for chapter. - Kentucky Statutes

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218A.010 Definitions for chapter. As used in this chapter:
(1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or
research subject by:
(a) A practitioner or by his authorized agent under his immediate supervision and pursuant to his order; or (b) The patient or research subject at the direction and in the presence of the practitioner; (2) "Anabolic steroid" means any drug or hormonal substance chemically and pharmacologically related to testosterone that promotes muscle growth and includes
those substances listed in KRS 218A.090(5) but does not include estrogens,
progestins, and anticosteroids; (3) "Cabinet" means the Cabinet for Health and Family Services;
(4) "Child" means any person under the age of majority as specified in KRS 2.015;
(5) "Controlled substance" means methamphetamine, or a drug, substance, or immediate precursor in Schedules I through V and includes a controlled substance
analogue; (6) (a) "Controlled substance analogue," except as provided in subparagraph (b) of this subsection, means a substance:
1. The chemical structure of which is substantially similar to the structure
of a controlled substance in Schedule I or II; and 2. Which has a stimulant, depressant, or hallucinogenic effect on the
central nervous system that is substantially similar to or greater than the
stimulant, depressant, or hallucinogenic effect on the central nervous
system of a controlled substance in Schedule I or II; or 3. With respect to a particular person, which such person represents or
intends to have a stimulant, depressant, or hallucinogenic effect on the
central nervous system that is substantially similar to or greater than the
stimulant, depressant, or hallucinogenic effect on the central nervous
system of a controlled substance in Schedule I or II. (b) Such term does not include: 1. Any substance for which there is an approved new drug application; 2. With respect to a particular person, any substance if an exemption is in
effect for investigational use for that person pursuant to federal law to
the extent conduct with respect to such substance is pursuant to such
exemption; or 3. Any substance to the extent not intended for human consumption before
the exemption described in subparagraph 2. of this paragraph takes
effect with respect to that substance; (7) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other
identifying mark, imprint, number, or device, or any likeness thereof, of a
manufacturer, distributor, or dispenser other than the person who in fact
manufactured, distributed, or dispensed the substance; (8) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging,
labeling, or compounding necessary to prepare the substance for that delivery; (9) "Dispenser" means a person who lawfully dispenses a Schedule II, III, IV, or V controlled substance to or for the use of an ultimate user; (10) "Distribute" means to deliver other than by administering or dispensing a controlled substance; (11) "Drug" means: (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (b) Substances intended for use in the diagnosis, care, mitigation, treatment, or prevention of disease in man or animals; (c) Substances (other than food) intended to affect the structure or any function of the body of man or animals; and (d) Substances intended for use as a component of any article specified in this subsection. It does not include devices or their components, parts, or accessories; (12) "Good faith prior examination," as used in KRS Chapter 218A and for criminal prosecution only, means an in-person medical examination of the patient conducted
by the prescribing practitioner or other health-care professional routinely relied
upon in the ordinary course of his or her practice, at which time the patient is
physically examined and a medical history of the patient is obtained. "In-person"
includes telehealth examinations. This subsection shall not be applicable to hospice
providers licensed pursuant to KRS Chapter 216B; (13) "Hazardous chemical substance" includes any chemical substance used or intended for use in the illegal manufacture of a controlled substance as defined in this section
or the illegal manufacture of methamphetamine as defined in KRS 218A.1431,
which:
(a) Poses an explosion hazard;
(b) Poses a fire hazard; or
(c) Is poisonous or injurious if handled, swallowed, or inhaled; (14) "Immediate precursor" means a substance which is the principal compound commonly used or produced primarily for use, and which is an immediate chemical
intermediary used or likely to be used in the manufacture of a controlled substance
or methamphetamine, the control of which is necessary to prevent, curtail, or limit
manufacture; (15) "Intent to manufacture" means any evidence which demonstrates a person's conscious objective to manufacture a controlled substance or methamphetamine.
Such evidence includes but is not limited to statements and a chemical substance's
usage, quantity, manner of storage, or proximity to other chemical substances or
equipment used to manufacture a controlled substance or methamphetamine; (16) "Isomer" means the optical isomer, except as used in KRS 218A.050(3) and 218A.070(1)(d). As used in KRS 218A.050(3), the term "isomer" means the optical,
positional, or geometric isomer. As used in KRS 218A.070(1)(d), the term "isomer"
means the optical or geometric isomer; (17) "Manufacture," except as provided in KRS 218A.1431, means the production, preparation, propagation, compounding, conversion, or processing of a controlled
substance, either directly or indirectly by extraction from substances of natural
origin or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or repackaging of the
substance or labeling or relabeling of its container except that this term does not
include activities:
(a) By a practitioner as an incident to his administering or dispensing of a controlled substance in the course of his professional practice; (b) By a practitioner, or by his authorized agent under his supervision, for the purpose of, or as an incident to, research, teaching, or chemical analysis and
not for sale; or (c) By a pharmacist as an incident to his dispensing of a controlled substance in the course of his professional practice; (18) "Marijuana" means all parts of the plant Cannabis sp., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin
or any compound, mixture, or preparation which contains any quantity of these
substances; (19) "Medical history," as used in KRS Chapter 218A and for criminal prosecution only, means an accounting of a patient's medical background, including but not limited to
prior medical conditions, prescriptions, and family background; (20) "Medical order," as used in KRS Chapter 218A and for criminal prosecution only, means a lawful order of a specifically identified practitioner for a specifically
identified patient for the patient's health-care needs. "Medical order" may or may
not include a prescription drug order; (21) "Medical record," as used in KRS Chapter 218A and for criminal prosecution only, means a record, other than for financial or billing purposes, relating to a patient,
kept by a practitioner as a result of the practitioner-patient relationship; (22) "Methamphetamine" means any substance that contains any quantity of methamphetamine, or any of its salts, isomers, or salts of isomers; (23) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis: (a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in
paragraph (a) of this subsection, but not including the isoquinoline alkaloids
of opium; (c) Opium poppy and poppy straw;
(d) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been
removed; (e) Cocaine, its salts, optical and geometric isomers, and salts of isomers;
(f) Ecgonine, its derivatives, their salts, isomers, and salts of isomers; and
(g) Any compound, mixture, or preparation which contains any quantity of any of the substances referred to in paragraphs (a) to (f) of this subsection; (24) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having
addiction-forming or addiction-sustaining liability. It does not include, unless
specifically designated as controlled under KRS 218A.030, the dextrorotatory
isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does
include its racemic and levorotatory forms; (25) "Opium poppy" means the plant of the species papaver somniferum L., except its seeds; (26) "Person" means individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal
entity; (27) "Physical injury" has the same meaning it has in KRS 500.080;
(28) "Poppy straw" means all parts, except the seeds, of the opium poppy, after mowing;
(29) "Pharmacist" means a natural person licensed by this state to engage in the practice of the profession of pharmacy; (30) "Practitioner" means a physician, dentist, podiatrist, veterinarian, scientific investigator, optometrist as authorized in KRS 320.240, advanced practice
registered nurse as authorized under KRS 314.011, or other person licensed,
registered, or otherwise permitted by state or federal law to acquire, distribute,
dispense, conduct research with respect to, or to administer a controlled substance
in the course of professional practice or research in this state. "Practitioner" also
includes a physician, dentist, podiatrist, veterinarian, or advanced practice registered
nurse authorized under KRS 314.011 who is a resident of and actively practicing in
a state other than Kentucky and who is licensed and has prescriptive authority for
controlled substances under the professional licensing laws of another state, unless
the person's Kentucky license has been revoked, suspended, restricted, or probated,
in which case the terms of the Kentucky license shall prevail; (31) "Practitioner-patient relationship," as used in KRS Chapter 218A and for criminal prosecution only, means a medical relationship that exists between a patient and a
practitioner or the practitioner's designee, after the practitioner or his designee has
conducted at least one (1) good faith prior examination; (32) "Prescription" means a written, electronic, or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, signed or
given or authorized by a medical, dental, chiropody, veterinarian, optometric
practitioner, or advanced practice registered nurse, and intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man or other
animals; (33) "Prescription blank," with reference to a controlled substance, means a document that meets the requirements of KRS 218A.204 and 217.216; (34) "Production" includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance; (35) "Salvia" means Salvia divinorum or Salvinorin A and includes all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the
seeds thereof, any extract from any part of that plant, and every compound,
manufacture, derivative, mixture, or preparation of that plant, its seeds, or its
extracts, including salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the specific chemical
designation of that plant, its seeds, or extracts. The term shall not include any other
species in the genus salvia; (36) "Second or subsequent offense" means that for the purposes of this chapter an offense is considered as a second or subsequent offense, if, prior to his conviction of
the offense, the offender has at any time been convicted under this chapter, or under
any statute of the United States, or of any state relating to substances classified as
controlled substances or counterfeit substances, except that a prior conviction for a
nontrafficking offense shall be treated as a prior offense only when the subsequent
offense is a nontrafficking offense. For the purposes of this section, a conviction
voided under KRS 218A.275 or 218A.276 shall not constitute a conviction under
this chapter; (37) "Sell" means to dispose of a controlled substance to another person for consideration or in furtherance of commercial distribution; (38) "Serious physical injury" has the same meaning it has in KRS 500.080;
(39) "Synthetic cannabinoid agonists or piperazines" means any chemical compound that contains Benzylpiperazine; Trifluoromethylphenylpiperazine; 1,1-Dimethylheptyl-
11-hydroxytetrahydrocannabinol; 1-Butyl-3-(1-naphthoyl)indole; 1-Pentyl-3-(1-
naphthoyl)indole; dexanabinol; or 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol). The term shall not include synthetic cannabinoids that
require a prescription, are approved by the United States Food and Drug
Administration, and are dispensed in accordance with state and federal law; (40) "Telehealth" has the same meaning it has in KRS 311.550; (41) "Tetrahydrocannabinols" means synthetic equivalents of the substances contained in the plant, or in the resinous extractives of the plant Cannabis, sp. or synthetic
substances, derivatives, and their isomers with similar chemical structure and
pharmacological activity such as the following: 1. Delta 1 cis or trans tetrahydrocannabinol, and their optical isomers; 2. Delta 6 cis or trans tetrahydrocannabinol, and their optical isomers; and 3. Delta 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers; (42) "Traffic," except as provided in KRS 218A.1431, means to manufacture, distribute, dispense, sell, transfer, or possess with intent to manufacture, distribute, dispense,
or sell a controlled substance; (43) "Transfer" means to dispose of a controlled substance to another person without consideration and not in furtherance of commercial distribution; and (44) "Ultimate user" means a person who lawfully possesses a controlled substance for his own use or for the use of a member of his household or for administering to an
animal owned by him or by a member of his household. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 42, effective July 15, 2010; ch. 149, sec. 4, effective April 13, 2010; and ch. 160, sec. 4, effective April 26, 2010. --
Amended 2009 Ky. Acts ch. 12, sec. 48, effective June 25, 2009. -- Amended 2007
Ky. Acts ch. 124, sec. 1, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 5,
sec. 4, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 150, sec. 7, effective
June 20, 2005; and ch. 99, sec. 527, effective June 20, 2005 -- Amended 2003 Ky.
Acts ch. 51, sec. 3, effective June 24, 2003. -- Amended 1998 Ky. Acts ch. 301,
sec. 12, effective July 15, 1998; and ch. 606, sec. 62, effective July 15, 1998. --
Amended 1996 Ky. Acts ch. 376, sec. 3, effective July 15, 1996. -- Amended 1994
Ky. Acts ch. 412, sec. 2, effective July 15, 1994.