As used in sections
, the following terms have the meanings given in
paragraphs (a) to (f):
(a) "Wholesale drug distribution" means distribution of prescription drugs to persons other
than a consumer or patient, but does not include:
(1) a sale between a division, subsidiary, parent, affiliated, or related company under the
common ownership and control of a corporate entity;
(2) the purchase or other acquisition, by a hospital or other health care entity that is a member
of a group purchasing organization, of a drug for its own use from the organization or from other
hospitals or health care entities that are members of such organizations;
(3) the sale, purchase, or trade of a drug or an offer to sell, purchase, or trade a drug by a
charitable organization described in section 501(c)(3) of the Internal Revenue Code of 1986, as
amended through December 31, 1988, to a nonprofit affiliate of the organization to the extent
otherwise permitted by law;
(4) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug among
hospitals or other health care entities that are under common control;
(5) the sale, purchase, or trade of a drug or offer to sell, purchase, or trade a drug for
emergency medical reasons;
(6) the sale, purchase, or trade of a drug, an offer to sell, purchase, or trade a drug, or the
dispensing of a drug pursuant to a prescription;
(7) the transfer of prescription drugs by a retail pharmacy to another retail pharmacy to
alleviate a temporary shortage;
(8) the distribution of prescription drug samples by manufacturers representatives; or
(9) the sale, purchase, or trade of blood and blood components.
(b) "Wholesale drug distributor" means anyone engaged in wholesale drug distribution
including, but not limited to, manufacturers; repackers; own-label distributors; jobbers; brokers;
warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and
wholesale drug warehouses; independent wholesale drug traders; and pharmacies that conduct
wholesale drug distribution. A wholesale drug distributor does not include a common carrier or
individual hired primarily to transport prescription drugs.
(c) "Manufacturer" means anyone who is engaged in the manufacturing, preparing,
propagating, compounding, processing, packaging, repackaging, or labeling of a prescription drug.
(d) "Prescription drug" means a drug required by federal or state law or regulation to be
dispensed only by a prescription, including finished dosage forms and active ingredients subject
to United States Code, title 21, sections 811 and 812.
(e) "Blood" means whole blood collected from a single donor and processed either for
transfusion or further manufacturing.
(f) "Blood components" means that part of blood separated by physical or mechanical means.
History: 1990 c 526 s 7; 1990 c 568 art 2 s 22