IN Code § 25-26-13-17 (2021)
2021 Indiana Code|Title 25. Professions and Occupations|Article 26. Pharmacists, Pharmacies, Drug Stores|Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board|25-26-13-17. Classes of Pharmacy Permits

Sec. 17. (a) The board shall establish classes of pharmacy permits as follows:Category I. A retail permit for a pharmacy that provides pharmaceutical care to the general public by the dispensing of a drug or device.Category II. An institutional permit for hospitals, clinics, health care facilities, sanitariums, nursing homes, or dispensaries that offer pharmaceutical care by dispensing a drug product to an inpatient under a drug order or to an outpatient of the institution under a prescription.Category III. A permit for a pharmacy that provides closed door, central fill, mail order, or other processing operations that are not open to the general public but include:(A) traditional pharmacy functions; or(B) nontraditional pharmacy functions, such as infusion, nuclear pharmacy, or sterile compounding.(b) Except for when registration as a remote dispensing facility (as defined in IC 25-26-13.5-3) is required under IC 25-26-13.5, the board may approve a remote or mobile location for Category I, II, or III permits and any nonresident pharmacy registered with the board. Pharmacy practice in a mobile or remote location may include, but is not limited to, telepharmacy, automated dispensing, or delivery of cognitive services.(c) A hospital or hospital system holding a Category II permit may offer drugs or devices:(1) to:(A) an employee, student, or volunteer of the hospital or hospital system;(B) a retiree who is participating in a retirement, pension, or benefit program administered by the hospital or hospital system;(C) an independent contractor who has an exclusive relationship with the hospital or hospital system;(D) a member of the hospital's or hospital system's governing board; or(E) a member of the hospital's or hospital system's medical staff; and(2) to dependents of the individuals listed in subdivision (1);for their own use.(d) Hospitals holding a Category II permit may operate remote locations within a reasonable distance of the licensed area, as determined by the board, after:(1) filing an application on a form prepared by the board;(2) having each location inspected by the board; and(3) obtaining approval from the board.(e) Any applicable rule governing the practice of pharmacy in Indiana shall apply to all permits under this section.(f) After June 30, 2012, a person with:(1) a Type I permit shall be treated as holding a Category I permit;(2) a Type II permit shall be treated as holding a Category II permit; and(3) a Type III, IV, V, or VI permit shall be treated as holding a Category III permit.The change in the name of the permit does not change the expiration date of the permit.(g) After June 30, 2012, a reference in any rule or other document to:(1) a Type I permit shall be treated as a reference to a Category I permit;(2) a Type II permit shall be treated as a reference to a Category II permit; or(3) a Type III, IV, V, or VI permit shall be treated as a reference to a Category III permit.(h) A pharmacy holding a Category I permit may offer drugs or devices to the following:(1) A long term care facility licensed under or subject to IC 16-28-2.(2) A health facility licensed under IC 16-28.(3) A housing with services establishment (as defined in IC 12-10-15-3) registered with the office of the secretary of family and social services.As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.149-1987, SEC.76; P.L.147-1991, SEC.4; P.L.98-2006, SEC.9; P.L.159-2012, SEC.4; P.L.152-2012, SEC.10; P.L.202-2017, SEC.4; P.L.246-2019, SEC.8; P.L.264-2019, SEC.7.