(1) "Individual with disabilities" means an individual who is under age 65 and is entitled, under the Social Security Act, to disability insurance benefits or is eligible for Medicare.

(2) "Maintenance drug" means a drug approved by the federal Food and Drug Administration for continuous use and prescribed to treat a chronic condition for a prolonged period of time of 30 days or longer and includes insulin, an insulin syringe, and an insulin needle.

(3) "Medicare Part D" means the prescription drug program established under the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. L. No. 108-173, including the prescription drug plans offered pursuant to the act.

(4) "DVHA" means the Department of Vermont Health Access.

(5) "Pharmaceutical" means a drug that may not be dispensed unless prescribed by a health care provider as defined by 18 V.S.A. § 9402(7) acting within the scope of the provider's license. The term excludes a drug determined less than effective under the federal Food, Drug and Cosmetics Act.

(6) "Pharmacy" means a retail or institutional drug outlet licensed by the Vermont State Board of Pharmacy pursuant to 26 V.S.A. chapter 36, or by an equivalent board in another state, in which pharmaceuticals are sold at retail and which has entered into a written agreement with the State to dispense pharmaceuticals in accordance with the provisions of this chapter. (Added 2005, No. 71, § 314; amended 2009, No. 156 (Adj. Sess.), § I.70; 2013, No. 131 (Adj. Sess.), § 48, eff. May 20, 2014.)