124.101 - DEFINITIONS.
124.101 DEFINITIONS.
As used in this chapter:
1. "Administer" means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:
a. A practitioner, or in the practitioner's presence, by the
practitioner's authorized agent; or
b. The patient or research subject at the direction and in
the presence of the practitioner.
2. "Agent" means an authorized person who acts on behalf of
or at the direction of a manufacturer, distributor, or dispenser. It
does not include a common or contract carrier, public warehouser, or
employee of the carrier or warehouser.
3. "Board" means the board of pharmacy.
4. "Bureau" means the bureau of narcotics and dangerous
drugs, United States department of justice, or its successor agency.
5. "Controlled substance" means a drug, substance, or
immediate precursor in schedules I through V of division II of this
chapter.
6. "Counterfeit substance" means a controlled substance
which, or the container or labeling of which, without authorization,
bears the trademark, trade name, or other identifying mark, imprint,
number or device, or any likeness thereof, of a manufacturer,
distributor, or dispenser other than the person who in fact
manufactured, distributed, or dispensed the substance.
7. "Deliver" or "delivery" means the actual,
constructive, or attempted transfer from one person to another of a
controlled substance, whether or not there is an agency relationship.
8. "Department" means the department of public safety of the
state of Iowa.
9. "Dispense" means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful order
of a practitioner, including the prescribing, administering,
packaging, labeling, or compounding necessary to prepare the
substance for that delivery.
10. "Dispenser" means a practitioner who dispenses.
11. "Distribute" means to deliver other than by administering
or dispensing a controlled substance.
12. "Distributor" means a person who distributes.
13. "Drug" means:
a. Substances recognized as drugs in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States, or official National Formulary, or any supplement to
any of them;
b. Substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in humans or animals;
c. Substances, other than food, intended to affect the
structure or any function of the human body or animals; and
d. Substances intended for use as a component of any article
specified in paragraph "a", "b", or "c" of this
subsection. It does not include devices or their components, parts,
or accessories.
14. "Electronic prescription" means a prescription which is
transmitted by a computer device in a secure manner, including
computer-to-computer transmission and computer-to-facsimile
transmission.
15. "Facsimile prescription" means a prescription which is
transmitted by a device which sends an exact image to the receiver.
16. "Immediate precursor" means a substance which the board
has found to be and by rule designates as being the principal
compound commonly used or produced primarily for use, and which is an
immediate chemical intermediary used or likely to be used in the
manufacture of a controlled substance, the control of which is
necessary to prevent, curtail, or limit manufacture.
17. "Isomer" means the optical isomer, except as used in
section 124.204, subsection 4, and section 124.206, subsection 2,
paragraph "d". As used in section 124.204, subsection 4,
"isomer" means the optical, positional, or geometric isomer. As
used in section 124.206, subsection 2, paragraph "d",
"isomer" means the optical or geometric isomer.
18. "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a controlled
substance, either directly or by extraction from substances of
natural origin, or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis, and includes
any packaging or repackaging of the substance or labeling or
relabeling of its container, except that this term does not include
the preparation, compounding, packaging, or labeling of a controlled
substance:
a. By a practitioner as an incident to administering or
dispensing of a controlled substance in the course of the
practitioner's professional practice, or
b. By a practitioner, or by an authorized agent under the
practitioner's supervision, for the purpose of, or as an incident to,
research, teaching, or chemical analysis and not for sale.
19. "Marijuana" means all parts of the plants of the genus
Cannabis, whether growing or not; the seeds thereof; the resin
extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin, including tetrahydrocannabinols. It does not
include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of
the mature stalks (except the resin extracted therefrom), fiber, oil
or cake or the sterilized seed of the plant which is incapable of
germination.
20. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis, or
by a combination of extraction and chemical synthesis:
a. Opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts of isomers,
esters, and ethers whenever the existence of such isomers, esters,
ethers, and salts is possible within the specific chemical
designation. Such term does not include the isoquinoline alkaloids
of opium.
b. Poppy straw and concentrate of poppy straw.
c. Opium poppy.
d. Any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in paragraphs "a"
through "c".
21. "Office" means the governor's office of drug control
policy, as referred to in section 80E.1.
22. "Opiate" means any substance having an addiction-forming
or addiction-sustaining liability similar to morphine or being
capable of conversion into a drug having addiction-forming or
addiction-sustaining liability. It does not include, unless
specifically designated as controlled under section 124.201, the
dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts
(dextromethorphan). It does include its racemic and levorotatory
forms.
23. "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
24. "Person" means individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal entity.
25. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing.
26. "Practitioner" means either:
a. A physician, dentist, podiatric physician, veterinarian,
scientific investigator or other person licensed, registered or
otherwise permitted to distribute, dispense, conduct research with
respect to or to administer a controlled substance in the course of
professional practice or research in this state.
b. 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 in
the course of professional practice or research in this state.
27. "Production" includes the manufacture, planting,
cultivation, growing, or harvesting of a controlled substance.
28. "Simulated controlled substance" means a substance which
is not a controlled substance but which is expressly represented to
be a controlled substance, or a substance which is not a controlled
substance but which is impliedly represented to be a controlled
substance and which because of its nature, packaging, or appearance
would lead a reasonable person to believe it to be a controlled
substance.
29. "State", when applied to a part of the United States,
includes any state, district, commonwealth, territory, insular
possession, and any area subject to the legal authority of the United
States of America.
30. "Ultimate user" means a person who lawfully possesses a
controlled substance for the person's own use or for the use of a
member of the person's household or for administering to an animal
owned by the person or by a member of the person's household. Section History: Early Form
[C51, § 2728; R60, § 4374; C73, § 4038; C97, § 2593; S13, § 2593,
2596-a; C24, 27, 31, 35, § 3151; C39, § 3169.01, 3169.07; C46,
50, 54, 58, 62, 66, § 204.1, 204.7; C71, § 204.1, 204.7, 204A.1; C73,
75, 77, 79, 81, § 204.101; 82 Acts, ch 1147, § 1] Section History: Recent Form
84 Acts, ch 1013, § 1--3; 91 Acts, ch 8, §1
C93, § 124.101
94 Acts, ch 1009, §1; 95 Acts, ch 108, § 1; 99 Acts, ch 89, §1, 2;
2001 Acts, ch 24, §28; 2004 Acts, ch 1036, §1; 2007 Acts, ch 8, §1;
2007 Acts, ch 10, §8; 2009 Acts, ch 25, §1; 2009 Acts, ch 133, §194
Referred to in § 80.1A, 124.410, 124A.2, 124B.1, 125.2, 279.9,
321.208, 453B.1, 657.2, 717F.4, 808B.3, 808B.5