119 STAT. 1986
PUBLIC LAW 109–60—AUG. 11, 2005
under this section or to States that put forth a good faith effort to meet those requirements (as determined by the Secretary). ‘‘(l) ADVISORY COUNCIL.— ‘‘(1) ESTABLISHMENT.—A State may establish an advisory council to assist in the establishment, implementation, or improvement of a controlled substance monitoring program under this section. ‘‘(2) LIMITATION.—A State may not use amounts received under a grant under this section for the operations of an advisory council established under paragraph (1). ‘‘(3) SENSE OF CONGRESS.—It is the sense of the Congress that, in establishing an advisory council under this subsection, a State should consult with appropriate professional boards and other interested parties. ‘‘(m) DEFINITIONS.—For purposes of this section: ‘‘(1) The term ‘bona fide patient’ means an individual who is a patient of the practitioner involved. ‘‘(2) The term ‘controlled substance’ means a drug that is included in schedule II, III, or IV of section 202(c) of the Controlled Substance Act. ‘‘(3) The term ‘dispense’ means to deliver a controlled substance to an ultimate user by, or pursuant to the lawful order of, a practitioner, irrespective of whether the dispenser uses the Internet or other means to effect such delivery. ‘‘(4) The term ‘dispenser’ means a physician, pharmacist, or other person that dispenses a controlled substance to an ultimate user. ‘‘(5) The term ‘interoperability’ with respect to a State controlled substance monitoring program means the ability of the program to electronically share reported information, including each of the required report components described in subsection (d), with another State if the information concerns either the dispensing of a controlled substance to an ultimate user who resides in such other State, or the dispensing of a controlled substance prescribed by a practitioner whose principal place of business is located in such other State. ‘‘(6) The term ‘nonidentifiable information’ means information that does not identify a practitioner, dispenser, or an ultimate user and with respect to which there is no reasonable basis to believe that the information can be used to identify a practitioner, dispenser, or an ultimate user. ‘‘(7) The term ‘practitioner’ means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which he or she practices or does research, to distribute, dispense, conduct research with respect to, administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research. ‘‘(8) The term ‘State’ means each of the 50 States and the District of Columbia. ‘‘(9) The term ‘ultimate user’ means a person who has obtained from a dispenser, and who possesses, a controlled substance for his or her own use, for the use of a member of his or her household, or for the use of an animal owned by him or her or by a member of his or her household.
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