Sec. 910.1. Definitions  


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  • (a) For the purpose of this section, the following terms have the following meanings:
    (1) Prescription means:
    (i) a prescription pursuant to section 6810 of the New York State Education Law and section 21 and article 33 of the New York State Public Health Law; or
    (ii) an electronic prescription that utilizes standards established by the department and may include compliance with section 63.6(a)(7) of Title 8 NYCRR; or
    (iii) an out-of-state prescription, which means a prescription issued by a practitioner in another state who is licensed by that state to prescribe, or a prescription issued by a practitioner in a Federal facility exempted by the department from the requirement to issue official New York State prescriptions, provided such practitioner is authorized by that facility to prescribe.
    (2) Practitioner means a person licensed, authorized, or otherwise permitted in this State to issue a prescription.
    (3) Registered practitioner means a practitioner duly registered with the department to be issued official New York State prescription forms.
    (4) Facility means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital, or other facility licensed or authorized by a State agency and approved by the department as authorized to be issued official New York State prescription forms or facility labels.
    (5) Registered facility means a facility duly registered with the department to be issued official New York State prescription forms or facility labels.
    (6) Primary address means the address of a registered practitioner's or registered facility's Federal Drug Enforcement Administration (DEA) registration or, if such practitioner or facility is not registered with the DEA, an address designated as the primary address in the practitioner's or facility's registration with the department.
    (7) Staff practitioner means a practitioner who is employed by, has admission privileges with or is otherwise affiliated with a registered facility.
    (8) Diversion of drugs means possession, delivery or use of a drug or a prescription by a person in a manner not specifically authorized by law.
    (9) Facility label means a serialized authentication label issued by the department only to a registered facility exempted by the department as provided in section 910.2(a) of this Part.