(1) "Charitable clinic" means a charitable nonprofit corporation or a facility organized as a not-for-profit corporation under §§ 4-28-201 -- 4-28-206 and 4-28-209 -- 4-28-224 that:

(A) Holds a valid exemption from federal income taxation issued pursuant to section 501(a) of the Internal Revenue Code;

(B) Is listed as an exempt organization under section 501(c)(3) of the Internal Revenue Code;

(C) Provides advice, counseling, diagnosis, treatment, surgery, care, or services relating to the preservation or maintenance of health on an outpatient basis for a period of less than twenty-four (24) consecutive hours to persons not residing or confined at the facility;

(D) May charge an administrative fee or request a donation not to exceed ten dollars ($10.00) per visit; and

(E) Has a licensed outpatient pharmacy;

(2) "Charitable clinic pharmacy" means the practice of a pharmacy at a site where prescriptions are dispensed by a charitable clinic free of charge to appropriately screened and qualified indigent patients;

(3) "Controlled substances" means substances defined by the Uniform Controlled Substances Act, §§ 5-64-101 -- 5-64-510;

(4) "Indigent" means a person with an income that is below two hundred percent (200%) of the federal poverty level;

(5) "Nursing facility" means the same as under § 20-10-1401;

(6) (A) (i) "Prescription drug" means a drug limited by section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., to being dispensed by or upon a medical practitioner's prescription because the drug is:

(a) Habit-forming;

(b) Toxic or having potential for harm; or

(c) Limited in its use to use under a practitioner's supervision by the new drug application for the drug.

(ii) The product label of a legend drug is required to contain the statement:

(a) "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT A PRESCRIPTION"; or

(b) "Rx only".

(iii) The drug is subject to the requirement of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act which shall be exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., if certain specified conditions are met.

(B) "Prescription drug" does not include controlled substances; and

(7) "Properly transferred" means the storage, handling, and distribution of the drug under this subchapter in:

(A) Accordance with the label; and

(B) Its dispensed, sealed, tamper-evident single-user unit.