§461-1 Definitions.
For the purposes of this chapter:"Board" means the board of pharmacy of the State except where another meaning is clearly manifested by the context.
"Cosmetics", which includes "soap", "dentifrice", and "toilet article", means:
(1) Articles intended to be rubbed, poured, or sprinkled on, introduced into, or otherwise applied to the human body, or any part thereof, for cleansing, beautifying, or promoting attractiveness; and
(2) Articles intended for use as a component of any such articles.
"Director" means the director of commerce and consumer affairs.
"Drug" means:
(1) Articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or any supplement to any of them;
(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or animals;
(3) Articles (other than food or clothing) intended to affect the structure or any function of the body of human beings or animals; and
(4) Articles intended for use as a component of any articles specified in paragraph (1), (2), or (3), above; provided that the term "drug" shall not include devices or their components, parts, or accessories, cosmetics, or liquor as defined in section 281-1.
"Encumbered license" means a license issued by any state or territory of the United States for the practice of pharmacy which is revoked, suspended, or made probationary or conditional by the licensing or registering authority in the respective jurisdiction as a result of disciplinary action.
"Medical oxygen" means the prescription drug oxygen.
"Medical oxygen distributor" means any person, including a prescription drug wholesale distributor, who distributes or dispenses medical oxygen pursuant to a prescription.
"Pharmacy" means every store, shop, or place:
(1) Where prescription drugs are dispensed or sold at retail, or displayed for sale at retail;
(2) Where practitioners' prescriptions or drug preparations are compounded;
(3) That has upon it, displayed within it, or affixed to or used in connection with it, a sign bearing the words "pharmacist", "pharmacy", "apothecary", "drug store", "druggist", "drugs", "medicines", "medicine store", "drug sundries", "remedies", or any words of similar or like import; or
(4) Where any of the above words or combination of words are used in any advertisement.
The term "pharmacy" shall not include any medical oxygen distributor.
"Practice of pharmacy" means the interpretation and evaluation of prescription orders; the compounding, dispensing, and labeling of drugs and devices (except labeling by a manufacturer, packer, or distributor of nonprescription drugs and commercially legend drugs and devices); the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records therefor; the responsibility for advising when necessary or where regulated, of therapeutic values, content, hazards, and use of drugs and devices; performing the following procedures or functions in a licensed acute care hospital in accordance with policies, procedures, or protocols developed by health professionals, including physicians and surgeons, pharmacists, and registered nurses, with the concurrence of the facility administrator: ordering or performing routine drug therapy related patient assessment procedures including temperature, pulse, and respiration; ordering drug therapy related laboratory tests; administering drugs and biologicals by injection pursuant to a licensed medical doctor's order; and adjusting the dosage of a patient's drug regimen pursuant to a licensed medical doctor's or osteopathic physician's order or authorization; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy. Licensed acute care hospital means an acute care hospital licensed by the department of health pursuant to chapter 321. Licensed medical doctor means a medical doctor licensed by the board of medical examiners pursuant to chapter 453 or the board of osteopathic examiners under chapter 460.
"Practitioner" means an individual licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the person's practice.
"Prescription" means an order or formula issued by a practitioner licensed by the State or authorized by the laws of the State to prescribe prescription drugs within the scope of the practitioner's practice, for the compounding or dispensing of drugs or an order or formula issued by an out-of-state practitioner in compliance with chapter 328.
Prescription drug" means any drug dispensed, distributed, or sold pursuant to a practitioner's order.
"Registered pharmacist" means a person licensed under this chapter to practice in a pharmacy except where another meaning is clearly manifested by the context. [L 1949, c 175, pt of §1; RL 1955, §71-1; am L 1964, c 15, §4; HRS §461-1; am L 1986, c 143, §4; am L 1987, c 188, §1; am L 1995, c 34, §1; am L 1996, c 202, §11; am L 1997, c 214, §8; am L 2000, c 83, §6]