Sec. 28-32. Pharmaceutical preparedness: Definitions. Transfer or distribution of drugs, controlled substances or medical devices during emergency. (a) For purposes of this section and section 28-32a:
(1) (A) “Drugs” means (i) 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 said publications, (ii) substances intended for use in curing, diagnosing, mitigating, preventing or treating disease in humans or other animals, (iii) substances, other than food, intended to affect the structure or any function of the body of humans or other animals, and (iv) substances intended for use as a component of any article specified in subparagraph (A)(i), (A)(ii) or (A)(iii) of this subdivision.
(B) “Drugs” does not include devices or their components, parts or accessories.
(2) (A) “Controlled drugs” means those drugs which contain any quantity of a substance which has been designated as subject to the federal Controlled Substances Act, or which has been designated as a depressant or stimulant drug pursuant to federal food and drug laws, or which has been designated by the Commissioner of Consumer Protection pursuant to section 21a-243 as having a stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and as having a tendency to promote abuse or psychological or physiological dependence, or both. Such controlled drugs are classifiable as amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenic, morphine-type and other stimulant and depressant drugs.
(B) “Controlled drugs” does not include alcohol, nicotine or caffeine.
(3) (A) “Controlled substance” means a drug, substance or immediate precursor in schedules I to V, inclusive, of the Connecticut controlled substance scheduling regulations adopted pursuant to section 21a-243.
(B) “Controlled substance” does not include alcohol, nicotine or caffeine.
(4) “Medical devices” means apparatuses, contrivances and instruments, including their accessories, components and parts, intended (A) for use in curing, diagnosing, mitigating, preventing or treating disease in humans or other animals, or (B) to affect the structure or any function of the body of humans or other animals.
(b) Upon declaration of an emergency by the Governor or the Governor's authorized representative having authority to declare emergencies, a hospital pharmacy, pharmacy or registrant authorized by state or federal law to be in possession of controlled substances may, in accordance with applicable federal regulations, policies and guidelines and with prior approval of the Commissioner of Consumer Protection, transfer or distribute drugs, controlled drugs or medical devices to a licensed pharmacy, a registrant authorized by state or federal law to be in possession of controlled substances, or a location authorized by the commissioner. Such registrant shall record the transfer accurately and in compliance with all state and federal statutes and regulations and shall report the transfer, in writing, to the commissioner.
(P.A. 06-195, S. 49; P.A. 22-104, S. 33.)
History: P.A. 06-195 effective June 7, 2006; P.A. 22-104 amended Subsec. (a) by dividing existing provisions in Subdiv. (1) into Subdivs. (1)(A) and (B) and redesignating former Subdivs. (1)(A) to (D) as Subdivs. (1)(A)(i) to (iv), dividing existing provisions in Subdiv. (2) into Subdivs. (2)(A) and (B) and Subdiv. (3) into Subdivs. (3)(A) and (B) and adding Subdiv. (4) defining “medical devices”, amended Subsec. (b) by adding provision re medical devices, and made technical and conforming changes, effective May 24, 2022.
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Sec. 28-32a. Pharmaceutical preparedness: Inventory report. Confidentiality of information. Regulations. Penalties. (a) Each licensed wholesaler that distributes prescription drugs, including licensed repackagers of the finished form of controlled drugs or noncontrolled prescription drug products, shall provide the Commissioner of Consumer Protection an inventory report regarding such wholesaler's on-hand inventory of specifically identified prescription drugs, in all forms and strengths.
(b) (1) The Commissioner of Consumer Protection shall establish a list of strategic prescription drugs for which reporting is required pursuant to subsection (a) of this section. The list shall include, but not be limited to, selected vaccines and antibiotic products. The list shall be based on priorities established by the commissioner after consultation with the Commissioner of Public Health. The list shall be based upon anticipated medication requirements for public health preparedness, pharmacological-terrorism prevention or response, and medication and economic integrity and shall be issued biannually, indicating any additions, substitutions or deletions that have been made to such list since it was last issued.
(2) An inventory report made pursuant to subsection (a) of this section shall include, but not be limited to, (A) the name, address, town and state of the wholesaler and manufacturer, (B) the name of the prescription drug, (C) the quantity of the drug on hand, including the size of each container and number of containers, and (D) the date of the report. Such information shall be reported at such time and in a manner prescribed by the Commissioner of Consumer Protection.
(c) Information provided by licensed wholesalers pursuant to this section shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200, and shall be available only to the Department of Consumer Protection, the Department of Public Health, the Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection and such other agencies or entities as the Commissioner of Consumer Protection determines, after request by such agency or entity and demonstration of a need for the information for purposes of public health preparedness, pharmacological-terrorism prevention or response, medication integrity or such other purpose deemed appropriate by the commissioner.
(d) The Commissioner of Consumer Protection, with the advice and assistance of the Commission of Pharmacy, may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.
(e) Any person who violates the provisions of subsection (a) of this section shall be fined not more than ten thousand dollars or imprisoned not more than one year, or both.
(P.A. 06-195, S. 50; June 12 Sp. Sess. P.A. 12-2, S. 112.)
History: P.A. 06-195 effective June 7, 2006; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (c) to replace “Office of Emergency Management” with “Division of Emergency Management and Homeland Security within the Department of Emergency Services and Public Protection”, effective June 15, 2012.
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