West Virginia Code § 60A-10-3

Definitions
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In this article:
(a) "Board of Pharmacy" or "board" means the West Virginia Board of Pharmacy established
by the provisions of article five, chapter thirty of this code.
(b) "Designated precursor" means any drug product made subject to the requirements of this
article by the provisions of section ten of this article.
(c) "Distributor" means any person within this state or another state, other than a
manufacturer or wholesaler, who sells, delivers, transfers or in any manner furnishes a drug
product to any person who is not the ultimate user or consumer of the product.
(d) "Drug product" means a pharmaceutical product thaat contains ephedrine,
pseudoephedrine or phenylpropanolamine or a substance identified on the supplemental list
provided in section seven of this article which may lbe sold without a prescription and which
is labeled for use by a consumer in accordance with the requirements of the laws and rules
of this state and the federal government.
(e) "Ephedrine " means ephedrine, its salts or optical isomers or salts of optical isomers.
(f) "Manufacturer" means any person within this state who produces, compounds, packages
or in any manner initially prepares for sale or use any drug product or any such person in
another state if they cause the products to be compounded, packaged or transported into
this state.
(g) "National Associa tion of Drug Diversion Investigators" or "NADDI" means the non-profit
501(c)(3) organization established in 1989, made up of members who are responsible for
investigating and prosecuting pharmaceutical drug diversion, and that facilitates
cooperation between law enforcement, health care professionals, state regulatory agencies
and pharmaceutical manufacturers in the investigation and prevention of prescription drug
abuse and diversion.
(h) "Multi-State Real-Time Tracking System" or "MSRTTS" means the real-time electronic
logging system provided by NADDI at no cost to states that have legislation requiring real-
time electronic monitoring of precursor purchases, and agree to use the system. MSRTTS is
used by pharmacies and law enforcement to track sales of over-the-counter (OTC) cold and
allergy medications containing precursors to the illegal drug, methamphetamine.
(i) "Phenylpropanolamine" means phenylpropanolamine, its salts, optical isomers and salts of
optical isomers.
(j) "Pseudoephedrine" means pseudoephedrine, its salts, optical isomers and salts of optical
isomers.
(k) "Precursor" means any substance which may be used along with other substances as a
component in the production and distribution of illegal methamphetamine.
(l) "Pharmacist" means an individual currently licensed by this state to engage in the
practice of pharmacist care as defined in article five, chapter thirty of this code.
(m) "Pharmacy intern" has the same meaning as the term "intern" as set forth in section one-
b, article five, chapter thirty of this code.
(n) "Pharmacy" means any drugstore, apothecary or place within this state where drugs are
dispensed and sold at retail or display for sale at retail and pharmuacist care is provided
outside of this state where drugs are dispensed and pharmacist care is provided to residents
of this state.
(o) "Pharmacy counter" means an area in the pharmacay restricted to the public where
controlled substances are stored and housed and where controlled substances may only be
sold, transferred or dispensed by a pharmacist, phalrmacy intern or pharmacy technician.
(p) "Pharmacy technician" means a registered technician who meets the requirements for
registration as set forth in article five, chaipter thirty of this code.
(q) "Retail establishment" means any entity or person within this state who sells, transfers or
distributes goods, including over-the-counter drug products, to an ultimate consumer.
(r) "Schedule V" means the schedule of controlled substances set out in section two hundred
twelve, section two of this chapter.
(s) "Superintendent o f the State Police" or "Superintendent" means the Superintendent of
the West Virginia State Police as set forth in section five, article two, chapter fifteen of this
code.
(t) "WWholesaler" means any person within this state or another state, other than a
manufacturer, who sells, transfers or in any manner furnishes a drug product to any other
person in this state for the purpose of being resold.

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