reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-3.5. Physician Protocol Application

Sec. 3.5. (a) This section does not apply to a protocol adopted in a hospital.
(b) Upon authorization of a physician or physician group practice that has adopted a protocol under this chapter, the following apply:
(1) The physician shall signify in writing or by means of electronic transmission whether the protocol applies in the care and treatment of the patient or a group of patients, at the discretion of the physician or physician group practice.
(2) A pharmacist may adjust the drug therapy regimen of the patient or group of patients under the authorization of the physician, including issuing new prescriptions in writing, by electronic transmission, or by other means allowed by law.
(3) The pharmacist shall review the appropriate medical records of the patient to determine whether the physician has authorized the use of a specific protocol before adjusting the patient's drug therapy regimen.
(c) The physician or physician group practice that has adopted a protocol under this chapter:
(1) shall take appropriate actions to assure that the pharmacist has the appropriate training to administer the protocol; and
(2) may at any time modify or cancel a protocol by entering the modification or cancellation in the patient's medical record.
(d) A physician group practice that has adopted a protocol under this chapter shall designate a physician administrator who may adopt a protocol on behalf of the physician group practice for authorization by individual physicians.
As added by P.L.197-2011, SEC.112. Amended by P.L.202-2017, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-4. Minimum Protocol Requirements

Sec. 4. (a) This section applies to a pharmacist who is practicing in a hospital:
(1) that is listed in IC 16-18-2-161(a)(1); and
(2) in which the pharmacist is supervised by a physician as required under the protocols of the facility that are developed by health care professionals, including physicians, pharmacists, and registered nurses.
(b) The protocols developed under this chapter must at a minimum require that the medical records of the patient are available to both the patient's practitioner and the pharmacist and that the procedures performed by the pharmacist relate to a condition for which the patient has first seen a physician or other licensed practitioner.
As added by P.L.114-1996, SEC.2. Amended by P.L.1-2009, SEC.144.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-4.5. Protocol for Pharmacists

Sec. 4.5. (a) This section does not apply to a pharmacist who is practicing in a hospital.
(b) As used in this section, "direct supervision" means that a supervising:
(1) physician;
(2) advanced practice registered nurse who meets the requirements of IC 25-23-1-19.5; or
(3) physician assistant licensed under IC 25-27.5 who is delegated prescriptive authority under IC 25-27.5-5-6;
is readily available to consult with the pharmacist while the protocol services are being provided.
(c) This section applies to a pharmacist who:
(1) is employed by, or has entered into a contract with, a physician, a group of physicians, or an outpatient clinic; and
(2) is under the direct supervision of a person described in subsection (b)(1) through (b)(3).
(d) The protocols developed under this chapter:
(1) must be agreed upon by:
(A) the physician or the physician administrator described in section 3.5(d) of this chapter; and
(B) the pharmacist; and
(2) may apply to a single patient or group of patients, as specified by the physician.
As added by P.L.197-2011, SEC.113. Amended by P.L.89-2015, SEC.2; P.L.202-2017, SEC.16; P.L.129-2018, SEC.39; P.L.207-2021, SEC.44.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-5. Implementation, Revision, or Renewal of Protocol

Sec. 5. (a) If a hospital or private mental health institution elects to implement, revise, or renew a protocol under this chapter, the governing board of the hospital or private mental health institution shall consult with that facility's medical staff, pharmacists, and other health care providers selected by the governing board. However, the governing board is the ultimate authority regarding the terms, implementation, revision, and renewal of the protocol.
(b) If a physician elects to implement, revise, or renew a protocol in a setting other than a hospital or private mental health institution, the physician shall consult with a pharmacist. However, the physician is the ultimate authority regarding the terms, implementation, revision, and renewal of the protocol.
As added by P.L.114-1996, SEC.2. Amended by P.L.197-2011, SEC.114.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-6. Modification of Written Protocol

Sec. 6. Except for the addition or deletion of authorized practitioners and pharmacists, a modification to written protocols requires the initiation of a new protocol.
As added by P.L.114-1996, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-7. Annual Review

Sec. 7. A protocol of a health care facility, physician, or physician group practice that is developed under this chapter must be reviewed at least annually.
As added by P.L.114-1996, SEC.2. Amended by P.L.197-2011, SEC.115; P.L.202-2017, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-8. Documentation

Sec. 8. Documentation of protocols must be maintained in a current, consistent, and readily retrievable manner. A pharmacist is required to document decisions made under this chapter in a manner that shows adequate, consistent, and regular communication with an authorizing practitioner. After making an adjustment or a change to the drug regimen of a patient, the pharmacist shall enter the change in the patient's medical record within twenty-four (24) hours.
As added by P.L.114-1996, SEC.2. Amended by P.L.202-2017, SEC.18.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-9. Confidentiality; Liability

Sec. 9. (a) This chapter does not modify the requirements of other statutes relating to the confidentiality of medical records.
(b) This chapter does not make any other licensed health care provider liable for the actions of a pharmacist carried out under this section.
As added by P.L.114-1996, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-10. Substitution of Therapeutic Alternative Authorization Validity

Sec. 10. If a protocol developed under this chapter allows a pharmacist to substitute a therapeutic alternative for the drug prescribed by the individual's attending physician, the attending physician's authorization of the substitution is valid only for the duration of the prescription or drug order.
As added by P.L.207-2021, SEC.45.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-11. Prohibition on Substituting a Therapeutic Alternative

Sec. 11. A pharmacist may not substitute a therapeutic alternative for a drug prescribed by an individual's attending physician unless the substitution is authorized by the attending physician under a valid protocol issued under this chapter.
As added by P.L.207-2021, SEC.46.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16. Drug Regimens › 25-26-16-12. Referral of Patient to a Pharmacist

Sec. 12. A physician assistant licensed under IC 25-27.5 or an advanced practice registered nurse licensed under IC 25-23 may refer a patient to a pharmacist under a protocol.
As added by P.L.207-2021, SEC.47.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-2. "Attending Physician"

Sec. 2. (a) As used in this chapter, "attending physician" means a physician licensed under IC 25-22.5 who is responsible for the ongoing health care of an individual who resides in a health facility.
(b) The medical director of a health facility to which the individual is admitted may not serve as the individual's attending physician unless the medical director meets the requirements set forth in subsection (a).
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-3. "Protocol"

Sec. 3. As used in this chapter, "protocol" means a policy, procedure, or protocol of a health facility concerning:
(1) the adjustment of a patient's drug regimen as allowed under this chapter by; or
(2) other patient care services delegated to;
a pharmacist licensed under this article.
As added by P.L.75-2004, SEC.3. Amended by P.L.207-2021, SEC.48.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-4. "Therapeutic Alternative"

Sec. 4. As used in this chapter, "therapeutic alternative" means a drug product that:
(1) has a different chemical structure from;
(2) is of the same pharmacological or therapeutic class as; and
(3) usually can be expected to have similar therapeutic effects and adverse reaction profiles when administered to patients in therapeutically equivalent doses as;
another drug.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-5. Adjustment of a Drug Regimen by a Pharmacist

Sec. 5. For purposes of this chapter, a pharmacist adjusts a drug regimen if the pharmacist:
(1) changes the duration of treatment for a current drug therapy;
(2) adjusts a drug's strength, dosage form, frequency of administration, or route of administration;
(3) discontinues the use of a drug;
(4) adds a drug to the treatment regimen;
(5) issues a new prescription for the purposes of subdivision (1), (2), or (4); or
(6) makes a therapeutic substitution.
As added by P.L.75-2004, SEC.3. Amended by P.L.207-2021, SEC.49.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-6. Attending Physician's Duty to Determine Whether a Protocol Applies to a Specific Patient

Sec. 6. At the time an individual is admitted to a health facility that has adopted a protocol under this chapter, the individual's attending physician shall signify in writing in the form and manner prescribed by the health facility whether the protocol applies in the care and treatment of the individual.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-7. Authority of a Pharmacist to Adjust a Drug Regimen

Sec. 7. (a) A pharmacist may adjust the drug therapy regimen of the individual under:
(1) the written authorization of the individual's attending physician under section 6 of this chapter;
(2) the health facility's protocols; and
(3) this chapter.
(b) The pharmacist shall review the appropriate medical records of the individual to determine whether the attending physician has authorized the use of a specific protocol before the pharmacist adjusts the individual's drug therapy regimen.
(c) Notwithstanding subsection (a), if a protocol involves parenteral nutrition of the patient, the pharmacist shall communicate with the attending physician to receive approval to begin the protocol. The pharmacist shall document the authorization of the attending physician to use the protocol immediately in the individual's medical record.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-8. Drug Regimen Review Committee

Sec. 8. If a health facility elects to implement, revise, or renew a protocol under this chapter, the health facility shall establish a drug regimen review committee consisting of:
(1) the health facility's medical director;
(2) the health facility's director of nursing; and
(3) a consulting pharmacist licensed under this article;
for the implementation, revision, or renewal of a protocol.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-9. Modification of Written Protocol Requires New Protocol; Exception

Sec. 9. Except for the addition or deletion of authorized physicians and pharmacists, a modification to a written protocol requires the initiation of a new protocol.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-10. Basis and Review of Protocol

Sec. 10. (a) A protocol of a health facility developed under this chapter must be:
(1) based on clinical considerations; and
(2) reviewed by the health facility's drug regimen committee at least quarterly.
(b) A protocol of a health facility developed under this chapter may not:
(1) prohibit the attending physician from approving only specific parts of a protocol; or
(2) provide for an adjustment to an individual's drug regimen for the sole purpose of achieving a higher reimbursement for the substituted drug therapy than what would have been received for the original drug therapy ordered by the attending physician.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-11. Required Elements of a Protocol

Sec. 11. A protocol developed under this chapter must include the following:
(1) The identification of:
(A) the individual whose drug regimen may be adjusted;
(B) the attending physician who is delegating the authority to adjust an individual's drug regimen; and
(C) the pharmacist who is authorized to adjust the individual's drug regimen.
(2) The attending physician's diagnosis of the individual's:
(A) condition; or
(B) disease state;
whose drug regimen may be adjusted.
(3) A statement regarding:
(A) the types and:
(i) categories; or
(ii) therapeutic classifications;
of medication, including the specific therapeutic alternatives that may be substituted for a drug prescribed by a physician;
(B) the minimum and maximum dosage levels within the types and:
(i) categories; or
(ii) therapeutic classifications;
of medications described in clause (A);
(C) the dosage forms;
(D) the frequency of administration;
(E) the route of administration;
(F) the duration of the administration of the drug regimen and any adjustment to the drug regimen; and
(G) exceptions to the application of the drug regimen or the adjustment to the drug regimen;
for which the pharmacist may adjust the individual's drug regimen.
(4) A requirement that:
(A) the individual's medical records be available to both the individual's attending physician and the pharmacist; and
(B) the procedures performed by the pharmacist relate to a disease or condition for which the patient has been under the attending physician's medical care.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-12. Protocol Must Comply With Certain Medicaid Requirements

Sec. 12. A protocol developed under this chapter that is implemented for a Medicaid recipient must comply with any statutes, regulations, and procedures under the state Medicaid program relating to the preferred drug list established under IC 12-15-35-28.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-13. Duration of Authorization of Therapeutic Alternative

Sec. 13. If a protocol developed under this chapter allows a pharmacist to substitute a therapeutic alternative for the drug prescribed by the individual's attending physician, the attending physician's authorization of the substitution is valid only for the duration of the prescription or drug order.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-14. Unauthorized Therapeutic Alternatives Prohibited

Sec. 14. This chapter does not allow a pharmacist to substitute a therapeutic alternative for the drug prescribed by the individual's attending physician unless the substitution is authorized by the attending physician under a valid protocol under this chapter.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-15. Attending Physician's Duty to Review an Implemented Protocol

Sec. 15. The individual's attending physician:
(1) shall review a protocol approved and implemented for a patient of the physician at the physician's next visit to the health facility, and at each subsequent visit of the physician to the health facility; and
(2) may at any time modify or cancel a protocol by entering the modification or cancellation in the individual's medical record.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-16. Protocol Documentation Required

Sec. 16. (a) Documentation of protocols must be maintained in a current, consistent, and readily retrievable manner.
(b) After making an adjustment to an individual's drug regimen, the pharmacist shall immediately document the adjustment in the patient's medical record.
(c) The pharmacist shall notify the individual's attending physician of an adjustment at least one (1) business day before the adjustment is made.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-17. Confidentiality; Liability

Sec. 17. (a) This chapter does not modify the requirements of other statutes relating to the confidentiality of medical records.
(b) This chapter does not make any other licensed health care provider or pharmaceutical manufacturer liable for the actions of a pharmacist carried out under this section.
(c) A physician who approves the use of a protocol under this chapter and a pharmacist who adjusts a drug regimen of a patient pursuant to a protocol under this chapter do not violate IC 25-22.5-1-2(d).
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 16.5. Drug Regimens in Health Facilities › 25-26-16.5-18. Pharmacist Subject to Discipline for Violations

Sec. 18. A pharmacist who violates this chapter is subject to discipline under IC 25-1-9.
As added by P.L.75-2004, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-2. "Nonresident Pharmacy" Defined

Sec. 2. For purposes of this chapter, "nonresident pharmacy" means a pharmacy located outside Indiana that dispenses drugs or devices through the United States Postal Service or other delivery services to patients in Indiana.
As added by P.L.183-1997, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-3. Registration; Required Information; Fee

Sec. 3. A nonresident pharmacy must register with the board. To register with the board, a nonresident pharmacy must submit the following to the board:
(1) A verified statement that the nonresident pharmacy is licensed, certified, or registered to operate in the state in which the pharmacy is located.
(2) The location, names, and titles of all principal corporate officers and pharmacists who are dispensing drugs to residents of Indiana. This disclosure must be made on an annual basis. The nonresident pharmacy must notify the board within thirty (30) days after any change of office location, corporate officer, or pharmacist in charge.
(3) A verified statement that the nonresident pharmacy complies with all lawful requests for information from the regulatory or licensing agency of all states in which it is licensed.
(4) The latest inspection report or an equivalent document approved by the board, from the licensing authority of the state in which the nonresident pharmacy is located. However, if the nonresident pharmacy has not been inspected within the last three hundred sixty-five (365) days by the state in which the nonresident pharmacy and licensing authority are domiciled, or if the board determines that the home state inspection is not substantially equivalent to an Indiana inspection or is not available, an inspection report from a:
(A) third party;
(B) healthcare accreditation body; or
(C) pharmacy accreditation body;
that is approved by the board, must be obtained and submitted by the nonresident pharmacy.
(5) Information requested and deemed necessary by the board to carry out this chapter.
(6) The fee required by IC 25-1-8 which shall be reasonable and not exceed the costs to the board.
As added by P.L.183-1997, SEC.1. Amended by P.L.112-2014, SEC.30.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-4. Duties of Nonresident Pharmacies

Sec. 4. A nonresident pharmacy must:
(1) comply with all requests for information made by the board;
(2) respond directly to all communications from the board concerning emergency circumstances arising from errors in the dispensing of drugs to the residents of Indiana;
(3) maintain records of drugs dispensed to patients in Indiana in a manner making those records readily retrievable and identifiable from the other business records of the pharmacy; and
(4) provide a toll-free telephone service that:
(A) facilitates communications between a patient in Indiana and a pharmacist with access to the patient's records;
(B) is attended by a pharmacist with access to a patient's records during the nonresident pharmacy's regular business hours, but not less than six (6) days per week and not less than forty (40) hours per week; and
(C) has the toll-free telephone number displayed on a label affixed to each container of dispensed drugs.
As added by P.L.183-1997, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-4.5. Internet Pharmacy Accreditation

Sec. 4.5. A nonresident pharmacy that dispenses more than twenty-five percent (25%) of the pharmacy's total prescription volume as a result of an original prescription order received or solicited through the Internet:
(1) must be accredited:
(A) through the National Association of Boards of Pharmacy's Verified Internet Pharmacy Practice Sites (VIPPS); or
(B) under a program that is substantially similar to the program under clause (A) and that has been approved by the board; and
(2) shall obtain and display a seal of approval for:
(A) the National Association of Boards of Pharmacy; or
(B) the substantially similar program described in subdivision (1)(B);
anywhere that the nonresident pharmacy advertises.
As added by P.L.105-2008, SEC.48.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-5. Grounds for Denial, Suspension, or Revocation of Registration

Sec. 5. The board may deny, revoke, or suspend the registration of a nonresident pharmacy for:
(1) failing to comply with sections 3, 4, 4.5, and 6 of this chapter; or
(2) conduct that causes serious bodily or psychological harm to a customer who lives in Indiana or purchased drugs from the nonresident pharmacy while in Indiana, if the board reports the matter to the pharmacy regulatory or licensing agency in the state in which the nonresident pharmacy is located.
As added by P.L.183-1997, SEC.1. Amended by P.L.105-2008, SEC.49.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-6. Compliance With Laws and Rules of Domicile State Required

Sec. 6. A nonresident pharmacy registered under this chapter must comply with the laws and rules of the state in which it is domiciled.
As added by P.L.183-1997, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 17. Nonresident Pharmacies › 25-26-17-7. Waiver of Registration Requirements

Sec. 7. The board may waive the registration requirements of this chapter for a nonresident pharmacy that only dispenses drugs to Indiana in limited transactions.
As added by P.L.183-1997, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 18. Mail Order and Internet Based Pharmacies › 25-26-18-1. "Mail Order or Internet Based Pharmacy" Defined

Sec. 1. As used in this chapter, "mail order or Internet based pharmacy" means a pharmacy that is located in Indiana or is a nonresident pharmacy (as defined in IC 25-26-17-2) that dispenses prescription drugs:
(1) through the United States Postal Service or other delivery services; or
(2) after receiving a request for prescription drugs through the Internet;
to patients in Indiana.
As added by P.L.231-1999, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 18. Mail Order and Internet Based Pharmacies › 25-26-18-2. Compliance With Laws Required

Sec. 2. A mail order or Internet based pharmacy shall comply with the following:
(1) The licensure laws of the state in which the mail order or Internet based pharmacy is domiciled.
(2) The drug substitution laws of Indiana.
As added by P.L.231-1999, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the Indiana board of pharmacy established by IC 25-26-13-3.
As added by P.L.251-2003, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-2. "Pharmacy Technician"

Sec. 2. As used in this chapter, "pharmacy technician" means an individual who:
(1) works under the direct supervision of a pharmacist licensed under this article; and
(2) performs duties to assist a pharmacist in activities that do not require the professional judgment of a pharmacist.
As added by P.L.251-2003, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-3. "Pharmacy Technician in Training"

Sec. 3. As used in this chapter, "pharmacy technician in training" means a person who is enrolled in a training program for pharmacy technicians prescribed by the board.
As added by P.L.251-2003, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-4. Adoption of Rules

Sec. 4. (a) The board may adopt rules under IC 4-22-2 to:
(1) implement and enforce this chapter;
(2) set fees under IC 25-1-8; and
(3) establish education and training requirements for licensure to practice as a pharmacy technician.
(b) The board shall:
(1) establish standards for the competent practice of pharmacy technicians; and
(2) subject to IC 4-21.5, IC 25-1-7, and IC 25-1-9, conduct proceedings on any matter under the jurisdiction of the board.
As added by P.L.251-2003, SEC.3. Amended by P.L.58-2014, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-5. Pharmacy Technician License Requirements; Waiver of Age Requirement; Grandfathering; Training Program Approval

Sec. 5. (a) The board shall issue a pharmacy technician license to an individual who:
(1) applies to the board in the form and manner prescribed by the board;
(2) is at least eighteen (18) years of age;
(3) has:
(A) graduated from high school; or
(B) received a:
(i) high school equivalency certificate; or
(ii) state general educational development (GED) diploma under IC 20-20-6 (before its repeal) or IC 22-4.1-18;
(4) has not been convicted of:
(A) a crime that has a direct bearing upon the individual's ability to practice competently; or
(B) a felony involving controlled substances;
(5) is not in violation of this chapter or rules adopted by the board under section 4 of this chapter;
(6) has paid the fee set by the board under section 4 of this chapter;
(7) has:
(A) graduated from a competency based pharmacy technician education and training program approved by the board;
(B) completed an employer provided training program that:
(i) beginning July 1, 2015, uses training requirements and minimum standards developed by the board;
(ii) has been approved by the board; and
(iii) includes specific training in the duties required to assist the pharmacist in the technical functions associated with the practice of pharmacy; or
(C) successfully passed a certification examination offered by the Pharmacy Technician Certification Board or another nationally recognized certification body approved by the board.
(b) For good cause, the board may waive the age requirement under subsection (a)(2).
(c) A person who has been certified or licensed as a pharmacy technician by the board before July 1, 2014, and who remains in good standing on July 1, 2014, shall, for all purposes, be considered licensed beginning on July 1, 2014. A person described in this subsection is subject to the license renewal requirements set forth in this chapter.
(d) A training program approved by the board before July 1, 2015, must be resubmitted to the board for approval in meeting current standards.
(e) A licensed pharmacy technician must meet the requirements of IC 25-26-13.5 in order to work in a remote dispensing facility (as defined in IC 25-26-13.5-3).
As added by P.L.251-2003, SEC.3. Amended by P.L.159-2012, SEC.7; P.L.58-2014, SEC.12; P.L.202-2017, SEC.19.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-6. Qualification for Pharmacy Technician in Training Permit

Sec. 6. (a) The board shall issue a pharmacy technician in training permit to an individual who:
(1) applies to the board in the form and manner prescribed by the board;
(2) is at least eighteen (18) years of age;
(3) has not been convicted of a crime that has a direct bearing upon the individual's ability to practice competently;
(4) is not in violation of this chapter or rules adopted by the board under section 4 of this chapter; and
(5) has applied for licensure under section 5 of this chapter.
(b) An applicant:
(1) may work as a pharmacy technician in training without a permit for not more than thirty (30) consecutive days after the applicant files an application under this section;
(2) shall provide the applicant's employer with a receipt issued by the board that:
(A) provides the date an application under this section was filed; and
(B) indicates that the fee has been paid;
before the applicant may begin work as a pharmacy technician in training; and
(3) may request an additional thirty (30) day period to practice as a pharmacy technician in training without a permit. The board may approve a request under this subdivision if the board determines that the extension is for good cause.
(c) A pharmacy technician in training permit expires on the earliest of the following:
(1) The date the permit holder is issued a pharmacy technician license under this chapter.
(2) The date the board disapproves the permit holder's application for a pharmacy technician license under this chapter.
(3) The date the permit holder ceases to be enrolled in good standing in a pharmacy technician training program approved by the board. The graduation of a permit holder from a pharmacy technician program does not cause the permit to expire under this subdivision.
(4) Sixty (60) days after the date that the permit holder successfully completes a program approved by the board.
(5) Twelve (12) months after the date of issuance.
(d) For good cause, the board may waive the age requirement in subsection (a)(2).
As added by P.L.251-2003, SEC.3. Amended by P.L.58-2014, SEC.13.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-7. Expiration of License; Renewal; Reinstatement

Sec. 7. (a) A pharmacy technician license expires on a date set by the Indiana professional licensing agency in each even-numbered year.
(b) An application for renewal of a pharmacy technician license must be accompanied by the appropriate fee.
(c) If a person fails to renew a pharmacy technician license, the license may be reinstated by meeting the requirements under IC 25-1-8-6.
(d) The board may require a person who applies for a license under subsection (c) to appear before the board and explain the reason why the person failed to renew a pharmacy technician license.
As added by P.L.251-2003, SEC.3. Amended by P.L.1-2006, SEC.466; P.L.58-2014, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-8. Prohibited Activities of a Licensed Pharmacy Technician

Sec. 8. A licensed pharmacy technician may not perform the following activities:
(1) Providing advice or consultation with the prescribing practitioner or other licensed health care provider regarding the patient or the interpretation and application of information contained in the prescription or drug order, medical record, or patient profile.
(2) Providing advice or consultation with the patient regarding the interpretation of the prescription or the application of information contained in the patient profile or medical record.
(3) Dispensing prescription drug information to the patient.
(4) Final check on all aspects of the completed prescription and assumption of the responsibility for the filled prescription, including the appropriateness of the drug for the patient and the accuracy of the:
(A) drug dispensed;
(B) strength of the drug dispensed; and
(C) labeling of the prescription.
(5) Receiving a new prescription drug order over the telephone or electronically unless the original information is recorded so a pharmacist may review the prescription drug order as transmitted.
(6) Any activity required by law to be performed only by a pharmacist.
(7) Any activity that requires the clinical judgment of a pharmacist and is prohibited by a rule adopted by the board.
As added by P.L.251-2003, SEC.3. Amended by P.L.58-2014, SEC.15.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-9. Specific Violations

Sec. 9. (a) An individual may not practice as a pharmacy technician unless the individual is licensed under this chapter.
(b) An individual may not act as a pharmacy technician in training unless the individual has obtained a permit under this chapter or the individual is acting as a pharmacy technician in training during the period permitted under section 6(b) of this chapter.
(c) An individual who knowingly violates this section commits a Level 6 felony.
As added by P.L.251-2003, SEC.3. Amended by P.L.158-2013, SEC.290; P.L.58-2014, SEC.16.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 19. Regulation of Pharmacy Technicians › 25-26-19-10. Injunctions

Sec. 10. (a) If an individual violates this chapter, the attorney general, the board, or the prosecuting attorney of the county in which the individual violates this chapter may maintain an action in the name of the state to enjoin the individual from continued violation of this chapter.
(b) An injunction issued under this section does not relieve an individual person from criminal prosecution but is in addition to any remedy provided under criminal law.
As added by P.L.251-2003, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 20. Regional Drug Repository Program › 25-26-20-2. "Nonprofit Health Clinic"

Sec. 2. As used in this chapter, "nonprofit health clinic" means any of the following:
(1) A federally qualified health center (as defined in 42 U.S.C. 1396d(l)(2)(B)).
(2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(3) A nonprofit health clinic that provides medical care to patients who are indigent, uninsured, or underinsured.
As added by P.L.75-2004, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 20. Regional Drug Repository Program › 25-26-20-3. Voluntary Regional Drug Repository Program to Collect and Redistribute Drugs to Nonprofit Health Clinics

Sec. 3. (a) The board may organize a voluntary regional drug repository program to collect and redistribute drugs to nonprofit health clinics.
(b) The board may enter into a voluntary agreement with any of the following to serve as a regional drug repository:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161(a)).
(5) A nonprofit health clinic.
(c) A regional drug repository may not receive compensation for participation in the program.
As added by P.L.75-2004, SEC.4. Amended by P.L.109-2015, SEC.46.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 20. Regional Drug Repository Program › 25-26-20-4. Donations of Unadulterated Drugs; Exceptions

Sec. 4. (a) Except as provided in subsections (b) and (c), unadulterated drugs that meet the requirements set forth in IC 25-26-13-25(k) may be donated without a prescription or drug order to the regional drug repository program by the following:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A hospice.
(6) A practitioner.
(b) An unadulterated drug that:
(1) was returned under IC 25-26-13-25; and
(2) was prescribed for a Medicaid recipient;
may not be donated under this section unless the Medicaid program has been credited for the product cost of the drug as provided in policies under the Medicaid program.
(c) A controlled drug may not be donated under this section.
As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005, SEC.19; P.L.159-2012, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 20. Regional Drug Repository Program › 25-26-20-5. Sale of Donated Drug Prohibited; Medicaid Recipients and Participants in State Funded Prescription Drug Plan Ineligible

Sec. 5. (a) A drug that is given by a regional drug repository to a nonprofit health clinic may not be:
(1) sold; or
(2) given to a patient, except upon a practitioner's prescription or drug order.
(b) An individual who is eligible to participate in:
(1) the state Medicaid program under IC 12-15; or
(2) a program that:
(A) provides a prescription drug benefit; and
(B) is funded in whole or in part by state funds;
is not eligible to receive a drug donated under the voluntary regional drug repository program organized under section 3 of this chapter.
As added by P.L.75-2004, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 20. Regional Drug Repository Program › 25-26-20-6. Immunity

Sec. 6. (a) The following are not subject to liability under IC 34-20-2-1:
(1) A person or entity who donates a drug to a regional drug repository program under this chapter in accordance with rules adopted by the board under section 7 of this chapter.
(2) A non-profit health clinic or practitioner who accepts or dispenses a drug under the regional drug repository program in accordance with rules adopted by the board under section 7 of this chapter.
(3) A regional drug repository that distributes a drug under the program in accordance with rules adopted by the board under section 7 of this chapter.
(b) Except in cases of negligence or willful misconduct by the manufacturer, a drug manufacturer is not subject to liability under IC 34-20-2-1 for a claim arising from a drug that is donated, accepted, or dispensed under this chapter to the user or the consumer.
As added by P.L.75-2004, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 20. Regional Drug Repository Program › 25-26-20-7. Adoption of Rules

Sec. 7. The board may adopt rules under IC 4-22-2 to:
(1) establish standards and procedures for accepting, storing, and dispensing drugs donated under this chapter;
(2) establish the types of drugs that may be donated; and
(3) administer this chapter.
As added by P.L.75-2004, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the Indiana board of pharmacy established by IC 25-26-13-3.
As added by P.L.122-2005, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-2. "Home Medical Equipment"

Sec. 2. (a) As used in this chapter, "home medical equipment" means equipment that:
(1) is prescribed by a health care provider;
(2) sustains, restores, or supplants a vital bodily function; and
(3) is technologically sophisticated and requires individualized adjustment or regular maintenance.
(b) The term does not include the following:
(1) Walkers.
(2) Ambulatory aids.
(3) Commodes.
(4) Any other home medical equipment determined by the board in rules adopted under section 7 of this chapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.105-2008, SEC.50.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-3. "Home Medical Equipment Services"

Sec. 3. As used in this chapter, "home medical equipment services" means the:
(1) sale, rental, delivery, or installation; and
(2) installation, maintenance, and instruction in the use;
of medical equipment used by an individual that allows the individual to reside in a noninstitutional environment.
As added by P.L.122-2005, SEC.1. Amended by P.L.105-2008, SEC.51.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-4. "Provider"

Sec. 4. As used in this chapter, "provider" means a person engaged in the business of providing home medical equipment services to an unrelated individual in the individual's residence.
As added by P.L.122-2005, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-5. Application of Chapter

Sec. 5. (a) This chapter does not apply to the following:
(1) A home health agency (as defined in IC 16-27-1-2) that does not sell, lease, or rent home medical equipment.
(2) A hospital licensed under IC 16-21-2 that:
(A) provides home medical equipment services only as an integral part of patient care; and
(B) does not provide home medical equipment services through a separate business entity.
(3) A manufacturer or wholesale distributor that does not sell, lease, or rent home medical equipment directly to a consumer.
(4) Except as provided under subsection (b), a practitioner (as defined in IC 25-1-9-2(a)) who does not sell, lease, or rent home medical equipment.
(5) A veterinarian licensed under IC 25-38.1-3.
(6) A hospice program (as defined in IC 16-25-1.1-4) that does not sell, lease, or rent home medical equipment.
(7) A health facility licensed under IC 16-28 that does not sell, lease, or rent home medical equipment.
(8) A provider that:
(A) provides home medical equipment services within the scope of the licensed provider's professional practice;
(B) is otherwise licensed by the state; and
(C) receives annual continuing education that is documented by the provider or the licensing entity.
(9) An employee of a person licensed under this chapter.
(b) A pharmacist licensed in Indiana or a pharmacy that holds a permit issued under IC 25-26 that sells, leases, or rents home medical equipment:
(1) is not required to obtain a license under this chapter; and
(2) is otherwise subject to the:
(A) requirements of this chapter; and
(B) requirements established by the board by rule under this chapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.2-2008, SEC.64; P.L.36-2022, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-6. License Application; Requirements

Sec. 6. (a) A person seeking to provide home medical equipment services in Indiana shall apply to the board for a license in the manner prescribed by the board.
(b) A provider shall do the following:
(1) Comply with:
(A) federal and state law; and
(B) regulatory requirements;
for home medical equipment services.
(2) Maintain a physical facility and medical equipment inventory in Indiana.
(3) Purchase and maintain in an amount determined by the board:
(A) product liability insurance; and
(B) professional liability insurance;
and maintain proof of the insurance coverage.
(4) Establish procedures to ensure that an employee or a contractor of the provider who is engaged in the following home medical equipment activities receives annual training:
(A) Delivery.
(B) Orientation of a patient in the use of home medical equipment.
(C) Reimbursement assistance.
(D) Maintenance.
(E) Repair.
(F) Cleaning and inventory control.
(G) Administration of home medical equipment services.
The provider shall maintain documentation of the annual training received by each employee or contractor.
(5) Maintain clinical records on a customer receiving home medical equipment services.
(6) Establish home medical equipment maintenance and personnel policies.
(7) Provide home medical equipment emergency maintenance services available twenty-four (24) hours a day.
(8) Comply with the rules adopted by the board under this chapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.82-2016, SEC.7; P.L.101-2020, SEC.5.