856 IAC 2-1-1 - Definitions
Authority: IC 35-48-3-1
Affected: IC 4-21.5; IC 35-48-2-1
Sec. 1.
Definitions. As used herein, the following terms shall have the meanings specified:
(a) The term
"Act" means the Indiana Uniform Controlled Substances Act of 1973. IC 1971,
35-24.1 [Repealed by Acts 1976,
P.L.
148 ,
SECTION
24 ; Acts 1977,
P.L.
26 ,
SECTION
25 . See IC 35-48.] as
amended.
(b) The term "basic class"
means, as to controlled substances listed in Schedules I and II
[856 IAC 2-2-2 and
856 IAC 2-2-3] :
(1) Each of the opiates, including its
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of such isomers, esters, ethers, and salts is possible
within the specific chemical designation, listed in Section 2.11(b)
[856 IAC
2-2-2(b)] of this
chapter;
(2) Each of the opium
derivatives, including its salts, isomers, and salts of isomers whenever the
existence of such salts, isomers, and salts of isomers is possible within the
specific chemical designation, listed in Section 2.11(c) [856 IAC
2-2-2(c)] of this
part;
(3) Each of the
hallucinogenic substances, including its salts, isomers, and salts of isomers
whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, listed in Section 2.11(d)
[856 IAC
2-2-2(d)] of this
part;
(4) Each of the following
substances 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:
(i) Opium, including raw opium, opium
extracts, opium fluid extracts, powdered opium, granulated opium, deodorized
opium and tincture of opium;
(ii)
Apomorphine;
(iii)
Codeine;
(iv)
Ethylmorphine;
(v)
Hydrocodone;
(vi)
Hydromorphone;
(vii)
Metopon;
(viii) Morphine;
(ix) Oxycodone;
(x) Oxymorphone;
(xi) Thebaine;
(xii) Mixed alkaloids of opium listed in
Section 2.12(b)(2) [856 IAC
2-2-3(b)(2)] of this
part;
(xiii) Cocaine; and
(xiv) Ecgonine;
(5) Each of the opiates, including its
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers
whenever the existence of such isomers, esters, ethers and salts is possible
within the specific chemical designation, listed in Section 2.12(c)
[856 IAC
2-2-3(c)] as amended, of
this part;
(6) Methamphetamine,
including salts, isomers, and salts of isomers.
(7) Amphetamine, its salts, optical isomers
and salts of its optical isomers;
(8) Phenmetrazine and its salts;
and
(9)
Methylphenidate.
(c) The
term "Administration" means the Drug Enforcement Administration, formerly the
Bureau of Narcotics and Dangerous Drugs.
(d) The term "agent" means an authorized
person who acts on behalf of or at the direction of a manufacturer,
distributor, or dispenser. It does not include a common or contract carrier,
public warehouseman, or employee of the carrier or warehouseman.
(e) The term "controlled premises" meansT
(1) Places where original or other records or
documents required under the Act [IC 35-48] are kept or
required to be kept, and
(2) Places
including factories, warehouses, or other establishments, conveyances, where
persons registered under the Act [IC 35-48] or exempted from
registration under the Act [IC 35-48] may lawfully hold,
manufacture, or distribute, dispense, administer, or otherwise dispose of
controlled substances.
(f) The term "Administrator" means the
Director of the Federal Drug Enforcement Administration who has been delegated
authority under the Controlled Substances Act of 1970 (84 Stat. 1242;
21 U.S.C.
801) by the Attorney General of the United
States (28 C.F.R.
0.100), as amended.
(g) The term "hearing" means any hearing held
pursuant to the provisions of IC 1971,
4-22-1 through
4-22-1-30
[Repealed by
P.L.
18-1986 ,
SECTION
2 . See IC 4-21.5.] as amended and
4-22-2, for the purpose of
granting, denying, or revoking, or suspending a registrant or application for
registrant or a hearing amending these rules pursuant to IC 1971, 35-24.1
[Repealed by Acts 1976,
P.L.
148 ,
SECTION
24 ; Acts 1977,
P.L.
26 ,
SECTION
25 . See IC 35-48.] as
amended.
(h) The term "individual
practitioner" means a physician, dentist, veterinarian, or other individual
licensed, registered or otherwise permitted by the State of Indiana or the
United States, to dispense a controlled substance in the course of professional
practice, but does not include a pharmacist, a pharmacy, or an institutional
practitioner.
(i) The term
"institutional practitioner" means a hospital or other person (other than an
individual) licensed, registered, or otherwise permitted by the state of
Indiana or the United States, to dispense a controlled substance in the course
of practice, but does not include a pharmacy.
(j) The term "person" includes any
individual, corporation, government or governmental subdivision or agency,
business, trust partnership, association or other legal entity.
(k) The term "pharmacist" means any
practitioner licensed as a pharmacist by the State of Indiana to dispense
controlled substances and shall include pharmacist interns licensed by the
State of Indiana, to dispense controlled substances under the supervision of a
pharmacist licensed by the State of Indiana.
(l) The term "prescription" means an order
for medication which is dispensed to or for an ultimate user but does not
include an order for medication which is dispensed for immediate administration
to the ultimate user. (e.g., an order to dispense a drug to a bed patient for
immediate administration in a hospital is not a prescription).
(m) The terms "register" and "registration"
refers only to registration required and permitted by IC 1971,
35-24.1-3-2
[Repealed by
Acts 1976, P.L.
148 ,
SECTION
24 ; Acts 1977,
P.L.
26 ,
SECTION
25 . See IC 35-48.] as
amended.
(n) The term "registrant"
means any person who is registered or exempted from registration pursuant to IC
1971, 35-24.1-3-2
[Repealed by
Acts 1976, P.L.
148 ,
SECTION
24 ; Acts 1977,
P.L.
26 ,
SECTION
25 . See IC 35-48.] as
amended.
(o) Any term not defined
in this section shall have the definition set forth in IC 1971,
35-24.1-1-1
[Repealed by
Acts 1976, P.L.
148 ,
SECTION
24 ; Acts 1977,
P.L.
26 ,
SECTION
25 . See IC 35-48.] as
amended.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Authority: IC 35-48-3-1
Affected: IC 4-21.5; IC 35-48-2-1
Sec. 1.
Definitions. As used herein, the following terms shall have the meanings specified:
(a) The term "Act" means the Indiana Uniform Controlled Substances Act of 1973. IC 1971, 35-24.1 [Repealed by Acts 1976, P.L. 148 , SECTION 24 ; Acts 1977, P.L. 26 , SECTION 25 . See IC 35-48.] as amended.
(b) The term "basic class" means, as to controlled substances listed in Schedules I and II [856 IAC 2-2-2 and 856 IAC 2-2-3] :
(1) Each of the opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, listed in Section 2.11(b) [856 IAC 2-2-2(b)] of this chapter;
(2) Each of the opium derivatives, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, listed in Section 2.11(c) [856 IAC 2-2-2(c)] of this part;
(3) Each of the hallucinogenic substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, listed in Section 2.11(d) [856 IAC 2-2-2(d)] of this part;
(4) Each of the following substances 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:
(i) Opium, including raw opium, opium extracts, opium fluid extracts, powdered opium, granulated opium, deodorized opium and tincture of opium;
(ii) Apomorphine;
(iii) Codeine;
(iv) Ethylmorphine;
(v) Hydrocodone;
(vi) Hydromorphone;
(vii) Metopon;
(viii) Morphine;
(ix) Oxycodone;
(x) Oxymorphone;
(xi) Thebaine;
(xii) Mixed alkaloids of opium listed in Section 2.12(b)(2) [856 IAC 2-2-3(b)(2)] of this part;
(xiii) Cocaine; and
(xiv) Ecgonine;
(5) Each of the opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation, listed in Section 2.12(c) [856 IAC 2-2-3(c)] as amended, of this part;
(6) Methamphetamine, including salts, isomers, and salts of isomers.
(7) Amphetamine, its salts, optical isomers and salts of its optical isomers;
(8) Phenmetrazine and its salts; and
(9) Methylphenidate.
(c) The term "Administration" means the Drug Enforcement Administration, formerly the Bureau of Narcotics and Dangerous Drugs.
(d) The term "agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. It does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman.
(e) The term "controlled premises" meansT
(1) Places where original or other records or documents required under the Act [IC 35-48] are kept or required to be kept, and
(2) Places including factories, warehouses, or other establishments, conveyances, where persons registered under the Act [IC 35-48] or exempted from registration under the Act [IC 35-48] may lawfully hold, manufacture, or distribute, dispense, administer, or otherwise dispose of controlled substances.
(f) The term "Administrator" means the Director of the Federal Drug Enforcement Administration who has been delegated authority under the Controlled Substances Act of 1970 (84 Stat. 1242; 21 U.S.C. 801) by the Attorney General of the United States (28 C.F.R. 0.100), as amended.
(g) The term "hearing" means any hearing held pursuant to the provisions of IC 1971, 4-22-1 through 4-22-1-30 [Repealed by P.L. 18-1986 , SECTION 2 . See IC 4-21.5.] as amended and 4-22-2, for the purpose of granting, denying, or revoking, or suspending a registrant or application for registrant or a hearing amending these rules pursuant to IC 1971, 35-24.1 [Repealed by Acts 1976, P.L. 148 , SECTION 24 ; Acts 1977, P.L. 26 , SECTION 25 . See IC 35-48.] as amended.
(h) The term "individual practitioner" means a physician, dentist, veterinarian, or other individual licensed, registered or otherwise permitted by the State of Indiana or the United States, to dispense a controlled substance in the course of professional practice, but does not include a pharmacist, a pharmacy, or an institutional practitioner.
(i) The term "institutional practitioner" means a hospital or other person (other than an individual) licensed, registered, or otherwise permitted by the state of Indiana or the United States, to dispense a controlled substance in the course of practice, but does not include a pharmacy.
(j) The term "person" includes any individual, corporation, government or governmental subdivision or agency, business, trust partnership, association or other legal entity.
(k) The term "pharmacist" means any practitioner licensed as a pharmacist by the State of Indiana to dispense controlled substances and shall include pharmacist interns licensed by the State of Indiana, to dispense controlled substances under the supervision of a pharmacist licensed by the State of Indiana.
(l) The term "prescription" means an order for medication which is dispensed to or for an ultimate user but does not include an order for medication which is dispensed for immediate administration to the ultimate user. (e.g., an order to dispense a drug to a bed patient for immediate administration in a hospital is not a prescription).
(m) The terms "register" and "registration" refers only to registration required and permitted by IC 1971, 35-24.1-3-2 [Repealed by Acts 1976, P.L. 148 , SECTION 24 ; Acts 1977, P.L. 26 , SECTION 25 . See IC 35-48.] as amended.
(n) The term "registrant" means any person who is registered or exempted from registration pursuant to IC 1971, 35-24.1-3-2 [Repealed by Acts 1976, P.L. 148 , SECTION 24 ; Acts 1977, P.L. 26 , SECTION 25 . See IC 35-48.] as amended.
(o) Any term not defined in this section shall have the definition set forth in IC 1971, 35-24.1-1-1 [Repealed by Acts 1976, P.L. 148 , SECTION 24 ; Acts 1977, P.L. 26 , SECTION 25 . See IC 35-48.] as amended.