36-11A-2. Distribution defined.

317 words·~1 min read·/sd/title-36/chapter-36-11/36-11a-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter, the term, distribution, means the sale, purchase, trade, delivery, handling, storage, or receipt of a product. The term does not include:

(1)Intracompany sales between any division, subsidiary, parent or otherwise 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 group purchasing 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 § 501(c)(3) of the Internal Revenue Code of 1954, as amended through December 18, 2015, to a nonprofit affiliate of the organization to the extent otherwise permitted by law;

(4)The sale, purchase or trade of a drug or an 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 an 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 drugs by a pharmacy to another pharmacy to alleviate a temporary shortage;

(8)The distribution of drug samples by manufacturers' representatives or distributors' representatives;

(9)The sale, purchase, or trade of blood and blood components intended for transfusion;

(10)The sale, purchase, or trade of a drug to an individual under any form of insurance or an employee medical benefit program pursuant to a prescription; or

(11)The logistics and warehouse services provided by a third-party logistics provider.