North Carolina § 90-113 - 72. Definitions.

§ 90-113. 72. Definitions.

The following definitions apply in this Article: Commission. - The Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services established under Part 4 of Article 3 of Chapter 143B of the General Statutes. Controlled substance. - A controlled substance as defined in G.S. 90-87(5). Department. - The Department of Health and Human Services. Dispenser. - A person who delivers a Schedule II through V controlled substance to an ultimate user in North Carolina, but does not include any of the following: A licensed hospital or long-term care pharmacy that dispenses such substances for the purpose of inpatient administration. Repealed by Session Laws 2013-152, s. 1, effective January 1, 2014, and applicable to prescriptions delivered on or after that date. A wholesale distributor of a Schedule II through V controlled substance. A person licensed to practice veterinary medicine pursuant to Article 11 of Chapter 90 of the General Statutes. Pharmacy. - A person or entity holding a valid pharmacy permit pursuant to G.S. 90-85.21 or G.S. 90-85.21A. Ultimate user. - A person who has lawfully obtained, and who possesses, a Schedule II through V controlled substance for the person's own use, for the use of a member of the person's household, or for the use of an animal owned or controlled by the person or by a member of the person's household. History (2005-276, s. 10.36(a); 2013-152, s. 1; 2017-74, s. 9.) Editor's Note. - Session Laws 2013-152, s. 6, made the repeal of subdivision (4)b. and addition of subdivision (4)d. by Session Laws 2013-152, s. 1, applicable to prescriptions delivered on or after January 1, 2014. Session Laws 2017-74, provides in its preamble: "Whereas, the General Assembly recognizes the substantial impact the nationwide opioid epidemic continues to have on the State of North Carolina; and "Whereas, North Carolina has seen a 442% increase in overdose deaths caused by commonly prescribed opioids between 1999 and 2015; and "Whereas, the General Assembly fully recognizes the appropriate use of opioids in the treatment of acute and chronic pain; Now, therefore," Session Laws 2017-74, s. 1, provides: "This act shall be known and may be cited as the 'Strengthen Opioid Misuse Prevention Act of 2017' or the 'STOP Act.'" Session Laws 2017-74, s. 15(e), made the rewriting of this section by Session Laws 2017-74, s. 9, effective June 29, 2017, and applicable to acts committed 30 days after the date the State Chief Information Officer notifies the Revisor of Statutes that (i) the upgrades to the Controlled Substances Reporting System (CSRS) database described in subdivisions (1) and (2) of subsection (a) of Section 12F.7 of S.L. 2016-94 have been completed and (ii) the upgraded CSRS database is fully operational within the Department of Information Technology and connected to the statewide health information exchange. Effect of Amendments. - Session Laws 2013-152, s. 1, effective January 1, 2014, deleted subdivision (4)b., which read: "A person authorized to administer such a substance pursuant to Chapter 90 of the General Statutes"; and added subdivision (4)d. For applicability, see Editor's note. Session Laws 2017-74, s. 9, rewrote the section. For effective date and applicability, see editor's note.