Definitions

19 V.I.C. § 635a — under Controlled Substances.

19 V.I.C. § 635a

(a) As used in this subchapter:(a) “Certified law enforcement prescription drug diversion investigator” means a law enforcement officer assigned by a qualified law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee.(b) “Commissioner” means the Commissioner of the Virgin Islands Department of Health.(c) “Controlled substance” means a drug, substance, or immediate precursor in Schedules II, III, IV, or V of 19 V.I.C. § 595.(d) “Department” means the Virgin Islands Department of Health.(e) “Dispense” means to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery.(f) “Dispenser” means a practitioner who dispenses. “Dispenser” does not include:(1) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public;(2) A wholesale distributor of Schedules II-V controlled substances; or(3) A practitioner or other authorized person who administers a controlled substance.(g) “Exchangeability” means the ability of the prescription drug monitoring program to electronically share reported information with another state’s prescription drug monitoring program if the information concerns the dispensing of a controlled substance either:(1) To a patient who resides in the other state; or(2) Prescribed by a practitioner whose principal place of business is in the other state.(h) “Investigation” means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry:(1) could lead to the filing of administrative, civil, or criminal proceedings; or(2) is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future.(i) “Licensing board” means the board that regulates and licenses practitioners or dispensers who prescribe or dispense medications.(j) “Opioid” means a drug or medication that relieves pain, including:(1) Hydrocodone;(2) Oxycodone;(3) Morphine;(4) Codeine; and(5) Fentanyl.(k) “Patient” means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed.(l) “Practitioner” means:(1) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory; and(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory.(m) “Prescribe” means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance.(n) “Prescriber” means a practitioner who prescribes a controlled substance.(o) “Prescription” means a controlled substance lawfully prescribed and subsequently dispensed.(p) “Prescription drug monitoring database” or “PDMD” means the electronic prescription drug monitoring database established under the Virgin Islands Drug Monitoring Program established in section 635b (a)(1).(q) “Prescription drug monitoring program” means a program that collects, manages, analyzes, and provides information regarding controlled substances.(r) “Prescription Drug Monitoring Program Advisory Committee” or “Committee” means the Prescription Drug Monitoring Program Advisory Committee established in section 635c.(s) “Qualified law enforcement agency” means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a commissioner or chief officer who has successfully completed a certification course in prescription drug diversion approved by the Committee.(t) “Schedule II” means controlled substances placed in Schedule II under 19 V.I.C. § 595(c).(u) “Schedule III” means controlled substances placed in Schedule III under 19 V.I.C. § 595(c).(v) “Schedule IV” means controlled substances placed in Schedule IV under 19 V.I.C. § 595(c).(w) “Schedule V” means controlled substances placed in Schedule V under 19 V.I.C. § 595(c).(x) “Ultimate user” means a person who lawfully possesses a controlled substance for:(1) The person’s own use;(2) The use of a member of the person’s household; or(3) Administering to an animal owned by a person or by a member of the person’s household.(y) “Virgin Islands Prescription Drug Monitoring Program” or “Program” means the prescription drug monitoring program established in section 635b.

(a) “Certified law enforcement prescription drug diversion investigator” means a law enforcement officer assigned by a qualified law enforcement agency to investigate prescription drug diversion and who has completed a certification course in prescription drug diversion approved by the Prescription Drug Monitoring Program Advisory Committee.

(b) “Commissioner” means the Commissioner of the Virgin Islands Department of Health.

(c) “Controlled substance” means a drug, substance, or immediate precursor in Schedules II, III, IV, or V of 19 V.I.C. § 595.

(d) “Department” means the Virgin Islands Department of Health.

(e) “Dispense” means to deliver a controlled substance to an ultimate user by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the controlled substance for that delivery.

(f) “Dispenser” means a practitioner who dispenses. “Dispenser” does not include:(1) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public;(2) A wholesale distributor of Schedules II-V controlled substances; or(3) A practitioner or other authorized person who administers a controlled substance.

(1) A licensed hospital pharmacy when it is distributing controlled substances for the purpose of outpatient services, inpatient hospital care, or at the time of discharge from a hospital, except for a pharmacy owned by a hospital that has a retail pharmacy permit when the pharmacy is distributing controlled substances directly to the public;

(2) A wholesale distributor of Schedules II-V controlled substances; or

(3) A practitioner or other authorized person who administers a controlled substance.

(g) “Exchangeability” means the ability of the prescription drug monitoring program to electronically share reported information with another state’s prescription drug monitoring program if the information concerns the dispensing of a controlled substance either:(1) To a patient who resides in the other state; or(2) Prescribed by a practitioner whose principal place of business is in the other state.

(1) To a patient who resides in the other state; or

(2) Prescribed by a practitioner whose principal place of business is in the other state.

(h) “Investigation” means an active inquiry that is being conducted with a reasonable, good-faith belief that the inquiry:(1) could lead to the filing of administrative, civil, or criminal proceedings; or(2) is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future.

(1) could lead to the filing of administrative, civil, or criminal proceedings; or

(2) is ongoing and continuing and a reasonable, good-faith anticipation exists for securing an arrest or prosecution in the foreseeable future.

(i) “Licensing board” means the board that regulates and licenses practitioners or dispensers who prescribe or dispense medications.

(j) “Opioid” means a drug or medication that relieves pain, including:(1) Hydrocodone;(2) Oxycodone;(3) Morphine;(4) Codeine; and(5) Fentanyl.

(1) Hydrocodone;

(2) Oxycodone;

(3) Morphine;

(4) Codeine; and

(5) Fentanyl.

(k) “Patient” means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance is lawfully dispensed.

(l) “Practitioner” means:(1) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory; and(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory.

(1) A physician, dentist, veterinarian, advanced practice nurse, physician assistant, pharmacist, scientific investigator, or other person licensed, registered, or otherwise permitted to prescribe, distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory; and

(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance during professional practice or research in the Territory.

(m) “Prescribe” means to issue a direction or authorization, by prescription, permitting a patient lawfully to obtain a controlled substance.

(n) “Prescriber” means a practitioner who prescribes a controlled substance.

(o) “Prescription” means a controlled substance lawfully prescribed and subsequently dispensed.

(p) “Prescription drug monitoring database” or “PDMD” means the electronic prescription drug monitoring database established under the Virgin Islands Drug Monitoring Program established in section 635b (a)(1).

(q) “Prescription drug monitoring program” means a program that collects, manages, analyzes, and provides information regarding controlled substances.

(r) “Prescription Drug Monitoring Program Advisory Committee” or “Committee” means the Prescription Drug Monitoring Program Advisory Committee established in section 635c.

(s) “Qualified law enforcement agency” means a law enforcement agency that has a certified law enforcement prescription drug diversion investigator and a commissioner or chief officer who has successfully completed a certification course in prescription drug diversion approved by the Committee.

(t) “Schedule II” means controlled substances placed in Schedule II under 19 V.I.C. § 595(c).

(u) “Schedule III” means controlled substances placed in Schedule III under 19 V.I.C. § 595(c).

(v) “Schedule IV” means controlled substances placed in Schedule IV under 19 V.I.C. § 595(c).

(w) “Schedule V” means controlled substances placed in Schedule V under 19 V.I.C. § 595(c).

(x) “Ultimate user” means a person who lawfully possesses a controlled substance for:(1) The person’s own use;(2) The use of a member of the person’s household; or(3) Administering to an animal owned by a person or by a member of the person’s household.

(1) The person’s own use;

(2) The use of a member of the person’s household; or

(3) Administering to an animal owned by a person or by a member of the person’s household.

(y) “Virgin Islands Prescription Drug Monitoring Program” or “Program” means the prescription drug monitoring program established in section 635b.