1999 Minnesota Statutes

     151.44 Definitions. 

    As used in sections 151.43 to 151.51, 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. 

    HIST: 1990 c 526 s 7; 1990 c 568 art 2 s 22