Definitions

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  • As used in this subchapter, unless the context otherwise requires:
    • “Appropriate tests” means a test that the federal Centers for Medicare and Medicaid Services (CMS) has determined qualifies for a certificate of waiver under the federal Clinical Laboratory Improvement Amendments of 1988, as amended (CLIA), and the federal rules adopted thereunder, and such other tests as approved by federal or territorial law. “Board of Pharmacy” or “Board” means the Virgin Islands Board of Pharmacy as provided for in section 415(b)(3) of Title 3. “Drugs” or “pharmaceutical preparations” are (1) articles recognized in official United States Pharmacopoeia, or official National Formulary or any supplement to either of them, intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; (2) all other articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of man or other animals; (4) articles intended for use as a component or any articles specified in subdivisions (1), (2), or (3); but does not include devices or their components, parts, or accessories. “Licensed” includes “registered”. “Medical practitioner” means a physician, dentist, veterinarian or other person duly authorized and licensed by law to prescribe drugs. “Pharmacist” means a person duly licensed by the Board of Pharmacy to engage in the practice of pharmacy. “Pharmacy” or “drug store” includes pharmacy departments and prescription laboratories, and means a place licensed by the Government of the Virgin Islands with the approval of the Board, where drugs, chemicals, medicines, prescriptions and poisons are compounded, dispensed or sold at retail and immunizations recommended and administered and appropriate tests ordered, conducted and interpreted. Except with respect to the licensing requirements of section 151 of this subchapter the term shall also include the pharmacy department or prescription laboratory of a hospital. “Prescription” means a written or oral order for drugs issued by a duly licensed medical practitioner in the course of his professional practice. “Practice of pharmacy” means the practice of that profession concerned with the art and science of preparing, compounding and dispensing of drugs and devices, whether dispensed on the prescription of a medical practitioner or legally dispensed or sold directly to the ultimate consumer, and shall include the proper and safe storage and distribution of drugs, the maintenance of proper records therefor, and the responsibility of relating information as required concerning such drugs and medicines and their therapeutic values and uses in the treatment and prevention of disease; Provided, however, That “practice of pharmacy” shall not include the operations of a manufacturer or wholesaler as defined in section 591 of Title 19.


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