38-2841. Prescription drug or device or legend drug or device, defined.
(1) Prescription drug or device or legend drug or device means:
(a) A drug or device which is required under federal law to be labeled with one of the following statements prior to being dispensed or delivered:
(i) Caution: Federal law prohibits dispensing without prescription;
(ii) Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian; or
(iii) "Rx Only"; or
(b) A drug or device which is required by any applicable federal or state law to be dispensed pursuant only to a prescription or chart order or which is restricted to use by practitioners only.
(2) Prescription drug or device or legend drug or device does not include a type of device, including supplies and device components, which carries the federal Food and Drug Administration legend "Caution: Federal law restricts this device to sale by or on the order of a licensed health care practitioner" or an alternative legend approved by the federal Food and Drug Administration which it recognizes, in published guidance, as conveying essentially the same message.
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