reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-22. Expiration and Renewal of Pharmacy Permits

Sec. 22. (a) A pharmacy permit shall expire biennially on a date established by the agency under IC 25-1-5-4.
(b) If a pharmacy permit lapses for not more than three (3) years, it may be reinstated by the board if the holder of the permit meets the requirements established under IC 25-1-8-6(c).
(c) If a pharmacy permit has been expired for more than three (3) years, the permit may be reinstated by the board if the holder of the permit meets the requirements for reinstatement under IC 25-1-8-6(d).
(d) No pharmacy may be open for business after the established biennial renewal date until the permit is reinstated.
As added by Acts 1977, P.L.276, SEC.1. Amended by Acts 1981, P.L.222, SEC.192; P.L.169-1985, SEC.92; P.L.105-2008, SEC.47.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-23. Fees; Fines; License Renewal

Sec. 23. (a) The board shall establish appropriate fees to carry out this chapter.
(b) All fees are nonrefundable. A receipt shall be issued for all fees and fines submitted.
(c) All fees collected under this section shall be transferred to the treasurer of state and deposited in the general fund of the state.
(d) The board shall adopt rules to establish fines for violation of an article listed in IC 25-26 or a rule adopted under IC 25-26-13-4, IC 25-26-14-13 or IC 35-48-3-1.
(e) A fine collected by the board shall be transferred to the treasurer of state and deposited in the state general fund.
(f) No fine established under subsection (d) shall be less than twenty-five dollars ($25).
(g) At the time of license renewal, each licensed pharmacist shall pay a renewal fee, a part of which shall be used for the rehabilitation of impaired pharmacists. Notwithstanding subsection (c), the lesser of the following amounts from fees collected under this subsection shall be deposited in the impaired pharmacists account of the state general fund established by section 30 of this chapter:
(1) Sixteen percent (16%) of the license renewal fee for each license renewed under this section.
(2) The amount per license needed to operate the impaired pharmacists program, as determined by the Indiana professional licensing agency.
As added by Acts 1977, P.L.276, SEC.1. Amended by Acts 1981, P.L.222, SEC.193; P.L.169-1985, SEC.93; P.L.152-1988, SEC.22; P.L.188-1995, SEC.5; P.L.1-2003, SEC.76; P.L.182-2003, SEC.3; P.L.1-2006, SEC.463.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-24. Repealed

As added by Acts 1977, P.L.276, SEC.1. Repealed by P.L.202-2017, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-24.5. Posting of Standing Orders, Prescriptions, and Protocols

Sec. 24.5. The board shall post a copy of all standing orders, prescriptions, and protocols issued under IC 16-19-4-11 on the board's Internet web site.
As added by P.L.96-2017, SEC.4; P.L.202-2017, SEC.9. Amended by P.L.218-2019, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-24.8. Transfer of Prescription Upon Request; Transfer Electronically or by Facsimile

Sec. 24.8. (a) Upon request of a patient, a pharmacy shall transfer to another pharmacy a prescription for the patient, including a prescription for a schedule II controlled substance, that the pharmacy has received but not filled unless:
(1) prohibited in writing on the prescription by the prescriber; or
(2) otherwise prohibited by federal law.
(b) Unless prohibited by federal law, a prescription for a patient may be transferred electronically or by facsimile by a pharmacy to another pharmacy if the pharmacies do not share a common data base.
(c) A licensed pharmacy technician may transfer a prescription, including making a verbal transfer, as delegated by a pharmacist.
As added by P.L.28-2019, SEC.16 and P.L.246-2019, SEC.9. Amended by P.L.114-2020, SEC.11; P.L.207-2021, SEC.34; P.L.143-2022, SEC.61.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-25.3. Dispensing Injectable Epinephrine; Expiration Date at Least 12 Months After Dispensing Date; Therapeutic Alternative

Sec. 25.3. (a) A pharmacy may not dispense injectable epinephrine or glucagon to a person unless:
(1) the injectable epinephrine or glucagon has an expiration date of not less than twelve (12) months from the date that the drug is dispensed; or
(2) the person consents to the injectable epinephrine or glucagon having an expiration date of less than twelve (12) months from the date that the drug is dispensed.
(b) Except as provided in IC 25-26-16.5, a pharmacist may substitute a therapeutic alternative (as defined in IC 25-26-16.5-4) for epinephrine products for a patient.
As added by P.L.246-2019, SEC.10. Amended by P.L.114-2020, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-25.5. Approved Electronic Data Intermediary

Sec. 25.5. A prescription may be transmitted electronically from a practitioner to a pharmacy only through the use of an electronic data intermediary approved by the board.
As added by P.L.204-2005, SEC.17.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-26. Repealed

As added by Acts 1977, P.L.276, SEC.1. Repealed by Acts 1981, P.L.222, SEC.296.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-26.1. Repealed

As added by Acts 1981, P.L.222, SEC.194. Amended by P.L.169-1985, SEC.94; P.L.149-1987, SEC.77. Repealed by P.L.152-1988, SEC.30.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-27. Closing of Pharmacies

Sec. 27. (a) If a pharmacy will be closed for five (5) consecutive days or more, the permit holder shall notify the board and take such steps to secure the drugs in the pharmacy as the board may direct.
(b) If a pharmacy is to be permanently closed for any reason, the owner shall:
(1) notify the board not less than twenty (20) days before the transfer of any controlled substances and submit a copy of the inventory form required by the federal drug enforcement administration together with the name, address, and registration number of the person to whom the drugs will be transferred;
(2) remove all legend drugs from stock by:
(A) returning them to the wholesaler or manufacturer if the wholesaler or manufacturer consents;
(B) transferring them to another pharmacy; or
(C) destroying them in the presence of a representative appointed by the board;
(3) before disposing of any other merchandise in the pharmacy, dispose of all controlled drugs and legend drugs as provided in clauses (1) and (2) and submit the licensed premises to an inspection by a representative of the board to certify that all legend and controlled drugs have been removed;
(4) remove from inside and outside the licensed area all symbols and signs using the words "drugs", "drugstore", "prescriptions", "pharmacy", "pharmacy department", "apothecary", or "apothecary shop", or any combination of such titles; and
(5) return the pharmacy permit for cancellation by the board within ten (10) days after all legend drugs, controlled drugs, drugs and devices are removed from the premises.
As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.147-1991, SEC.6; P.L.143-2022, SEC.62.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-28. Injunction of Violations

Sec. 28. At the request of the board, the attorney general in the name of the state shall apply for an injunction in the circuit court, superior court, or probate court of the county wherein a violation of this chapter is occurring.
As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.84-2016, SEC.109.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-29. Unlawful Acts; Violations; Application of Chapter

Sec. 29. (a) It is unlawful:
(1) For any person to display or permit to be displayed, a pharmacy permit in any facility or place of business other than that for which it was issued.
(2) For any person to accept a prescription for filling or compounding at any place or facility for which there is not a valid pharmacy permit.
(3) For any person to operate a pharmacy or to take, assume, exhibit, display, or advertise by any medium, the title "drugs", "prescriptions", "medicine", "drug store", "pharmacy", or "apothecary shop", or any combination of such titles or any other title, symbol, term, or description of like import intended to cause the public to believe that it is a pharmacy unless the person holds a valid pharmacy permit.
(4) For any person to engage or offer to engage in the practice of pharmacy or to hold himself or herself out as a pharmacist without a valid pharmacist's license that is classified as active by the board.
(b) A person who violates a provision of subsection (a) commits a Level 6 felony.
(c) Nothing in this chapter shall apply to, nor in any manner interfere with the business of a general merchant in selling and distributing nonnarcotic, nonprescription medicines or drugs which are prepackaged, fully prepared by the manufacturer for use by the consumer, and labeled in accordance with the requirements of the state and federal food and drug acts.
(d) This chapter does not apply to, or in any manner interfere with, the business of a manufacturer in selling and delivering a dialysate drug or a device that is necessary for home peritoneal renal dialysis for a patient who has end stage renal disease if all of the following apply:
(1) The dialysate drug or device is approved by the federal Food and Drug Administration under federal law.
(2) The dialysate drug or device is held by the manufacturer, a third party logistics provider, or a wholesale drug distributor in accordance with the requirements of IC 25-26-14.
(3) The dialysate drug or device is delivered in the manufacturer's original, sealed packaging.
(4) The dialysate drug or device is delivered only upon:
(A) receipt of a physician's prescription by a pharmacy that holds a pharmacy permit under this chapter; and
(B) the transmittal of an order from the pharmacy described in clause (A) to the manufacturer, third party logistics provider, or wholesale drug distributor.
(5) The manufacturer, third party logistics provider, or wholesale drug distributor delivers the dialysate drug or device directly to:
(A) the patient or the patient's designee for self-administration of the dialysis therapy; or
(B) a health care provider for administration of the dialysis therapy to the patient.
As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.158-2013, SEC.285; P.L.209-2018, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-30. Impaired Pharmacists Account; Prescription Drug Donation Repository Program Account

Sec. 30. (a) Within the state general fund there are established the following accounts:
(1) The impaired pharmacists account to provide money for the rehabilitation of impaired pharmacists under this article.
(2) The prescription drug donation repository program account to provide money to administer the prescription drug donation repository program under this article.
The accounts shall be administered by the Indiana professional licensing agency.
(b) Expenses of administering the accounts shall be paid from money in each account. The impaired pharmacists account consists of money collected under section 4.5(b) of this chapter. The prescription drug donation repository program account consists of money collected under IC 25-1-8-2.5.
(c) The treasurer of state shall invest the money in the accounts not currently needed to meet the obligations of each account in the same manner as other public money may be invested. Money remaining in the accounts at the end of a state fiscal year does not revert to the state general fund.
(d) There is appropriated to the board from each account an amount sufficient to carry out the purposes described in subsection (a).
As added by P.L.188-1995, SEC.7. Amended by P.L.1-2006, SEC.464; P.L.208-2023, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-31. Powers and Duties of Pharmacists

Sec. 31. (a) A pharmacist may do the following:
(1) Obtain and maintain patient drug histories and other pharmacy records that are related to drug or device therapies.
(2) Perform drug evaluation, drug utilization review, and drug regimen review.
(3) Participate in the selection, storage, and distribution of drugs, dietary supplements, and devices. However, drug selection must comply with IC 16-42-19 and IC 16-42-22.
(4) Participate in drug or drug related research.
(5) Prescribe any of the following devices or supplies approved by the federal Food and Drug Administration:
(A) Inhalation spacer.
(B) Nebulizer.
(C) Supplies for medical devices, including but not limited to, continuous positive airway pressure (CPAP) machine supplies and insulin pump supplies.
(D) Normal saline and sterile water for irrigation for wound care or for injection with a prescription drug or device.
(E) Diabetes blood sugar testing supplies.
(F) Pen needles.
(G) Syringes for medication use.
(b) A pharmacist who participates in an activity allowed under subsection (a) is required to follow the standards for the competent practice of pharmacy adopted by the board.
(c) A pharmacist may issue a prescription for purposes of subsection (a)(5).
As added by P.L.187-1999, SEC.6. Amended by P.L.247-2019, SEC.4; P.L.114-2020, SEC.13; P.L.207-2021, SEC.35.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-31.5. Immunizations by Pharmacist Interns and Pharmacist Students; Rules

Sec. 31.5. (a) Subject to rules adopted under subsection (c), a pharmacist intern or a pharmacist student may administer an immunization to an individual under a drug order or prescription.
(b) Subject to rules adopted under subsection (c), a pharmacist intern or a pharmacist student may administer an immunization to an individual or a group of individuals under a drug order, under a prescription, or according to a protocol approved by a physician.
(c) The board shall adopt rules under IC 4-22-2 to establish requirements applying to a pharmacist intern or a pharmacist student who administers an immunization to an individual or group of individuals. The rules adopted under this section:
(1) must provide for the direct supervision of the pharmacist intern or pharmacist student by a pharmacist, a physician, a physician assistant, an advanced practice registered nurse, or a registered nurse; and
(2) may not be less stringent than the requirements applying to a pharmacist who administers an immunization to an individual as provided under section 31.2 of this chapter.
As added by P.L.113-2013, SEC.2. Amended by P.L.129-2018, SEC.38; P.L.207-2021, SEC.37.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-31.7. Administration of Immunizations by Pharmacy Technician; Rules

Sec. 31.7. (a) Subject to rules adopted under subsection (c), a pharmacy technician may administer any immunization to an individual under a drug order or prescription, as delegated by the pharmacist.
(b) Subject to rules adopted under subsection (c), a pharmacy technician may administer an immunization to an individual or a group of individuals under a drug order, under a prescription, or according to a protocol approved by a physician, as delegated by the pharmacist.
(c) The board shall adopt rules under IC 4-22-2 to establish requirements applying to a pharmacy technician who administers an immunization to an individual or group of individuals. The rules adopted under this section must provide for the direct supervision of the pharmacy technician by a pharmacist, a physician, a physician assistant, or an advanced practice registered nurse. Before July 1, 2021, the board shall adopt emergency rules under IC 4-22-2-37.1 to establish the requirements described in this subsection. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the board under this subsection and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the board under IC 4-22-2-24 through IC 4-22-2-36.
(d) The board must approve all programs that provide training to pharmacy technicians to administer immunizations as permitted by this section.
As added by P.L.114-2020, SEC.14. Amended by P.L.207-2021, SEC.38; P.L.143-2022, SEC.63.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-32. State of Emergency; Suspension of Statutes

Sec. 32. If a state of emergency is declared by:
(1) the governor under IC 10-14-3-12; or
(2) the President of the United States;
the board may, for the duration of the state of emergency, suspend the provisions of a statute or rule under this article that would prevent, hinder, or delay the appropriate delivery of pharmaceutical care.
As added by P.L.98-2006, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board › 25-26-13-33. Places That Require a Pharmacy Permit; Exceptions

Sec. 33. (a) This section does not apply to a mail order or Internet based pharmacy (as defined by IC 25-26-18-1) to the extent that the pharmacy is allowed to operate under IC 25-26-18.
(b) A person may not own or operate a store, facility, or other place of business in Indiana where:
(1) prescriptions are accepted to be filled; or
(2) prescription drugs or devices are:
(A) ordered;
(B) offered or advertised for sale; or
(C) paid for;
unless the person has a pharmacy permit issued under this chapter.
As added by P.L.48-2015, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-1. Definitions

Sec. 1. The definitions set forth in IC 25-26-13-2 apply to this chapter.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-1.5. "Automated Dispensing System"

Sec. 1.5. (a) As used in this chapter, "automated dispensing system" means a mechanical or electronic system that performs operations or activities, other than compounding or administration, relating to pharmacy services, including the storage, dispensing, or distribution of drugs and the collection, control, and maintenance of all transaction information, to provide security and accountability for the drugs.
(b) The term does not include an automated dispensing system that is located in a hospital licensed under IC 16-21-2, an ambulatory outpatient surgical center licensed under IC 16-21-2, a health facility licensed under IC 16-28, or a pharmacy licensed under IC 25-26-13.
As added by P.L.246-2019, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-2. "Patient Care"

Sec. 2. As used in this chapter, "patient care" means patient care activities provided by a pharmacist, regardless of whether drugs or devices are dispensed, that are intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process. The term includes the following:
(1) Drug review.
(2) Drug monitoring.
(3) Drug and device dispensing.
(4) Oral and sterile compounding verification.
(5) Medication therapy management.
(6) Patient assessment.
(7) Patient counseling.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-3. "Remote Dispensing Facility"

Sec. 3. As used in this chapter, "remote dispensing facility" means a facility where prescription drugs are prepared or dispensed without the requirement of the use of an onsite pharmacist and where pharmacist supervision may be provided remotely. However, the term does not include a facility that is located in a hospital licensed under IC 16-21-2, an ambulatory outpatient surgical center licensed under IC 16-21-2, a health facility licensed under IC 16-28, or an automated dispensing system.
As added by P.L.202-2017, SEC.12. Amended by P.L.246-2019, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-4. "Telepharmacy"

Sec. 4. As used in this chapter, "telepharmacy" means to provide patient care by a pharmacy and pharmacist licensed under IC 25-26 through the use of telecommunications or other technology:
(1) to a patient or the patient's representative who is at a distance and located in a state or jurisdiction of the United States; and
(2) where the pharmacy and pharmacist is located in Indiana.
However, the term does not include patient care through the use of telecommunications or other technology by a pharmacy or pharmacist that is located in a hospital licensed under IC 16-21-2, an ambulatory outpatient surgical center licensed under IC 16-21-2, or a health facility licensed under IC 16-28.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-5. Registration Required; Required Information; Exempt Pharmacies; Location of Supervising Pharmacy

Sec. 5. (a) The registration required under this chapter is in addition to any other registration or permit required under this article.
(b) The board shall establish a registration procedure for remote dispensing facilities. An application for registration of a remote dispensing facility must include the following information:
(1) A description of the technology being used at the facility, including information concerning any of the following:
(A) Telepharmacy communication.
(B) Electronic record keeping.
(C) Electronic verification systems.
(2) Operating specifications of the facility, including the following:
(A) Location of the facility.
(B) Ownership of the facility.
(C) Staffing of the facility, including the number of pharmacists and pharmacy technicians to be employed at the facility.
(D) The current number of remote dispensing facilities operated by the applicant.
(3) A scale drawing of the facility that illustrates the following:
(A) The layout and location of the electronic communication systems. The information collected under this clause is confidential and may not be disclosed.
(B) The location of the patient counseling area.
(C) Access points to the electronic communication systems.
(4) Identification of the proposed supervising pharmacy.
(c) This subsection does not apply to a remote dispensing facility that serves only hospital pharmacies. A supervising pharmacy of a remote dispensing facility must be located in Indiana and licensed under this article.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-6. Registration of Remote Dispensing Facility; Requirements; Operating Under a Contract

Sec. 6. (a) Before a remote dispensing facility may do business in Indiana, the remote dispensing facility must be registered with the board under this chapter and in the manner prescribed by the board.
(b) Before a pharmacy licensed under this article may operate a remote dispensing facility, the pharmacy must register with the board under this chapter.
(c) A facility must meet the following requirements in order to be registered as a remote dispensing facility under this chapter:
(1) If the remote dispensing facility is not jointly owned by the pharmacy, operate under a contract with a supervising pharmacy.
(2) Be supervised by a pharmacist who is licensed under this article and who is designated by the supervising pharmacy to be responsible for oversight of the remote dispensing facility.
(3) Be located at least ten (10) miles from an existing retail pharmacy unless:
(A) the applicant with the proposed remote dispensing facility demonstrates to the board how the proposed remote dispensing facility will promote public health; or
(B) the remote dispensing facility exclusively serves the patients of:
(i) a community mental health center established under IC 12-29;
(ii) a health care facility (as defined in IC 16-28-13-0.5); or
(iii) a physician clinic.
(4) Maintain a patient counseling area.
(5) Display a sign visible to the public indicating that the location is a remote dispensing facility. The sign must include the following information:
(A) That the facility provides remote services supervised by a pharmacist located in another pharmacy.
(B) The identification and address of the supervising pharmacy.
(C) Disclosure that a pharmacist is required to speak to the consumer using audio and video communication systems any time a new drug or device is dispensed at the remote dispensing facility.
(D) Whether patient counseling is provided on a prescription drug refill at the remote dispensing facility.
(E) That the facility is under continuous video surveillance and that the video is recorded.
(d) If the remote dispensing facility is operating under a contract with a supervising pharmacy, the contract must:
(1) specify the responsibilities of each party to the contract; and
(2) be available for review by the board at the board's request.
As added by P.L.202-2017, SEC.12. Amended by P.L.207-2021, SEC.39; P.L.143-2022, SEC.64.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-6.5. Registration Procedure for Automated Dispensing Systems; Supervising Pharmacy Located in Indiana

Sec. 6.5. (a) The registration required under this chapter is in addition to any other registration or permit required under this article.
(b) The board shall establish a registration procedure for automated dispensing systems. An application for registration of an automated dispensing system must include the following information:
(1) A description of the automated dispensing system being used at the facility, including information concerning any of the following:
(A) Telepharmacy communication.
(B) Electronic record keeping.
(C) Electronic verification systems.
(2) Operating specifications of the automated dispensing system, including the following:
(A) Location of the facility using the automated dispensing system.
(B) Ownership of the automated dispensing system.
(C) Identification of personnel responsible for operation of the automated dispensing system.
(3) A scale drawing that illustrates the layout and location of the automated dispensing system.
(4) Identification of the proposed supervising pharmacy.
(c) A supervising pharmacy of an automated dispensing system must be located in Indiana and licensed under this article.
As added by P.L.246-2019, SEC.13.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-6.7. Registration Required Before Operation; Establishment of Minimum Standards and Practices

Sec. 6.7. (a) Before a pharmacy may operate an automated dispensing system, the automated dispensing system must be registered with the board under this chapter and in the manner prescribed by the board.
(b) The board shall establish minimum standards and practices that ensure the safety, accuracy, security, record keeping, and patient confidentiality of an automated dispensing system.
As added by P.L.246-2019, SEC.14.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-7. Policies and Procedures of a Supervising Pharmacy Engaging in Telepharmacy

Sec. 7. A supervising pharmacy shall implement policies and procedures that address each of the following before engaging in the practice of telepharmacy under this chapter:
(1) Minimum standards and practices that ensure the safety, accuracy, security, sanitation, record keeping, and patient confidentiality at the remote dispensing facility. The standards and practices must include the following:
(A) Identification of personnel authorized to accept delivery of the drugs and to have access to drug storage and dispensing areas at the remote dispensing facility.
(B) Procedures for the procurement of drugs and devices at the remote dispensing facility and any automated dispensing machine system used.
(C) Criteria for the required inspection of the remote dispensing facility by a pharmacist.
(2) The adoption of training standards required for personnel employed at a remote dispensing facility to ensure the competence and ability of employees in operating the electronic verification, electronic record keeping, and communication systems.
(3) A written plan for recovery from an event that interrupts or prevents pharmacist supervision of the remote dispensing facility.
(4) Policies concerning the dispensing of prescription drugs.
As added by P.L.202-2017, SEC.12. Amended by P.L.143-2022, SEC.65.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-8. Repealed

As added by P.L.202-2017, SEC.12. Amended by P.L.246-2019, SEC.15. Repealed by P.L.143-2022, SEC.66.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-8.5. Pharmacy Responsibilities

Sec. 8.5. A pharmacy operating a remote dispensing facility is responsible for ensuring the following:
(1) The remote dispensing facility is sufficiently staffed to avoid the risk of harm to public health and safety.
(2) The pharmacist servicing the remote dispensing facility is in good standing with the board.
(3) A pharmacy may not operate more than one (1) remote dispensing facility at a time, unless otherwise approved by the board.
(4) A pharmacist must be able to be physically present at the remote dispensing facility within a certain time set by the board to address emergencies and safety issues that arise.
(5) A pharmacist shall visit the remote dispensing facility at least as often as required by the board to inspect the facility, address personnel matters, complete any forms required by the board concerning the required inspection, and maintain records in the manner specified by the board.
(6) If the remote dispensing facility is located at a hospital or physician clinic and uses an automated dispensing machine, a pharmacist must maintain an up to date inventory of any schedule II controlled substances. An inventory of all controlled substances must be completed at least once a month.
(7) The pharmacy must develop a continuous quality improvement program, which must include a reporting mechanism for errors that occur concerning the remote dispensing facility. Information concerning the remote dispensing facility must be made available to the board upon request.
As added by P.L.143-2022, SEC.67.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-9. Staffing Requirements; Rules on Continuing Education Requirement

Sec. 9. (a) There must be at least one (1) pharmacist working at a remote dispensing facility for every six (6) pharmacist interns, licensed pharmacy technicians, and pharmacy technicians in training at the supervising pharmacy and remote dispensing facility. However, an individual whose only duty is to act as the cashier is not included in the number of employees that may work for one (1) pharmacist under this subsection.
(b) A remote dispensing facility that is not staffed by a pharmacist must be staffed by at least one (1) pharmacy technician who meets the following requirements:
(1) Is licensed under IC 25-26-19.
(2) Has at least two thousand (2,000) hours of experience working as a pharmacy technician in a pharmacy licensed under this article and under the direct supervision of a pharmacist.
(3) Has successfully passed a certification examination offered by the Pharmacy Technician Certification Board or another nationally recognized certification body approved by the board.
(4) If the remote dispensing facility is located in a hospital or physician clinic setting, either:
(A) has graduated from a pharmacy technician training program accredited by the American Council for Pharmacy Education or the American Society of Health System Pharmacists; or
(B) obtained the hours described in subdivision (2) before July 1, 2017.
(5) Is supervised by a pharmacist at the supervising pharmacy at all times that the remote dispensing facility is operational. As used in this subdivision, supervision does not require that the pharmacist be physically present at the remote dispensing facility as long as the pharmacist is supervising telepharmacy operations electronically through a computer link, video link, and audio link.
(6) Is currently in good standing with the board.
(c) A pharmacy technician in training may not work at a remote dispensing facility unless a pharmacist is on site.
(d) The board shall adopt rules that require pharmacy technicians working at a remote dispensing facility that is not staffed by a pharmacist to complete continuing education requirements established by the board.
As added by P.L.202-2017, SEC.12. Amended by P.L.246-2019, SEC.16; P.L.143-2022, SEC.68.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-10. Electronic Record Keeping System

Sec. 10. A remote dispensing facility and the supervising pharmacy must use a common electronic record keeping system that is capable of the following:
(1) Allowing the electronic records to be available to and accessible from both the supervising pharmacy and the remote dispensing facility.
(2) Distinguishing between prescriptions filled at the supervising pharmacy and those filled at the remote dispensing facility.
(3) Allowing pharmacies to generate labels at the supervising pharmacy.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-11. Video and Audio Communication System; Retention of Recordings; Requirements; Nonoperating System

Sec. 11. (a) A supervising pharmacy of a remote dispensing facility must maintain a video and audio communication system that provides for effective communication between the supervising pharmacy, the remote dispensing facility, and any consumers. The system must do the following:
(1) Provide an adequate number of views of the entire remote dispensing facility.
(2) Facilitate adequate pharmacist supervision.
(3) Allow an appropriate exchange of visual, verbal, and written communications for patient counseling and other matters concerning the lawful transaction of business.
(b) The remote dispensing facility must retain a recording of facility surveillance, excluding patient communications, for at least thirty (30) days.
(c) A pharmacist is adequately supervising through the use of video surveillance by maintaining constant visual supervision and auditory communication with the remote dispensing facility and by maintaining full supervisory control of the automated system, if applicable. The auditory communication must be available, as needed, with the remote dispensing facility and the pharmacist.
(d) A video monitor that is being used to properly identify and communicate with consumers must meet the following requirements:
(1) Provide both the supervising pharmacy and the remote dispensing facility with direct visual contact between the pharmacist and the consumer.
(2) Be secure and compliant with the federal Health Insurance Portability and Accountability Act (HIPAA).
(e) If any component of the communication system is not in operating order, the remote dispensing facility shall remain closed until the communication system is fully operational, unless a pharmacist is located at the remote dispensing facility.
As added by P.L.202-2017, SEC.12. Amended by P.L.246-2019, SEC.17; P.L.207-2021, SEC.40; P.L.143-2022, SEC.69.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-12. Maintenance of Controlled Substance Dispensing Records

Sec. 12. The remote dispensing facility must maintain records of any dispensing of a controlled substance at the remote dispensing facility, unless the remote dispensing facility has received approval to centrally store the records in compliance with federal law.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-13. Effect of Supervising Pharmacy Being Closed

Sec. 13. A remote dispensing facility may not be open and employees may not have access to the facility when the supervising pharmacy is closed, unless a pharmacist is on duty at the remote dispensing facility.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-14. Security; Review; Storage Area

Sec. 14. (a) A remote dispensing facility shall have adequate security. The security must do the following:
(1) Record the entrance and exit of individuals to the facility.
(2) Use alarms or other comparable monitoring systems that protect the equipment, records, drug supply, devices, and other items from unauthorized access, acquisition, or use.
(3) Use at least two (2) factoring credentials for employee entry to the remote dispensing facility, using two (2) of the following:
(A) A knowledge factor, including a password.
(B) Biometrics.
(C) An inanimate object.
(b) A pharmacist shall periodically review the record of entries into the remote dispensing facility.
(c) The prescription storage area may remain open while a pharmacist or pharmacy technician is on duty.
As added by P.L.202-2017, SEC.12. Amended by P.L.143-2022, SEC.70.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-15. Dispensing Controlled Substances; Automated Dispensing Machines; Deliveries; Storage

Sec. 15. (a) A controlled substance may not be dispensed at the remote dispensing facility unless:
(1) the facility maintains a perpetual inventory of controlled substances; and
(2) the supervising pharmacist checks the Indiana scheduled prescription electronic collection and tracking program established by IC 25-1-13-4 or as directed by the board before:
(A) verification of the finished controlled substance prescription; and
(B) counseling the patient.
(b) Drugs may be transported to a remote dispensing facility that uses an automated dispensing machine only in a sealed container with a list identifying each drug, drug strength, and quantity included in the container.
(c) A delivery of drugs may be accepted at the remote dispensing facility only if a pharmacist or a licensed pharmacy technician is present to accept delivery and verify and sign for the receipt of the drugs, unless the drugs are placed in a secured delivery area that complies with federal and state law.
(d) If the delivery is received by a pharmacy technician, a pharmacist at the supervising pharmacy shall ensure through the use of the electronic audio and video communication system or bar code technology that the pharmacy technician has accurately restocked the drugs.
(e) A remote dispensing facility must store drugs in a manner that:
(1) complies with federal and state law;
(2) protects the identity, safety, security, and integrity of the drug; and
(3) limits access to:
(A) a pharmacist employed by the supervising pharmacy; and
(B) a pharmacy technician who has written authorization of a pharmacist to access the facility.
As added by P.L.202-2017, SEC.12. Amended by P.L.143-2022, SEC.71.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-16. Pharmacy Technicians; Prescription Records; Verification System

Sec. 16. (a) If a pharmacy technician at a remote dispensing facility enters prescription drug information into an automated pharmacy system, a pharmacist at the supervising pharmacy shall, before approving the prescription, verify the information entered against a faxed, electronic, or video image of the original prescription.
(b) The pharmacy technician may do any of the following:
(1) Transmit the prescription drug order to the pharmacist by scanning the order into the electronic record keeping system as long as the image is legible and does not obscure the prescription drug information.
(2) Make the original prescription available to the pharmacist by placing the prescription in view of the video communication system. The pharmacist shall also verify the accuracy of the drug dispensed and check the prescription drug label for accuracy.
(3) Fax the prescription to the pharmacist, unless prohibited by law for controlled substances.
(c) Both the initials or other unique identifier of the pharmacy technician and the pharmacist involved in the dispensing must appear on the prescription record.
(d) The remote dispensing facility must use an electronic verification system that confirms the drug stock selected to fill the prescription is the same as the drug indicated on the prescription label.
(e) The pharmacist shall verify each prescription before it is dispensed.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-17. Suspension of Registration

Sec. 17. The board may suspend a registration under this chapter if the facility poses a danger to the public.
As added by P.L.202-2017, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 13.5. Remote Dispensing Facilities › 25-26-13.5-18. Rules

Sec. 18. The board may adopt rules under IC 4-22-2 necessary to implement this chapter.
As added by P.L.202-2017, SEC.12. Amended by P.L.209-2018, SEC.11; P.L.246-2019, SEC.18; P.L.11-2023, SEC.83.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 14. Wholesale Legend Drug Distributors and Third Party Logistics Providers › 25-26-14-1. Application of Chapter

Sec. 1. (a) This chapter applies to any individual, partnership, limited liability company, corporation, or business firm:
(1) located in or outside Indiana; and
(2) engaging in the wholesale distribution of legend drugs in Indiana.
(b) Except as required by federal law or regulation, the requirements of this chapter do not apply to a manufacturer that is approved by the federal Food and Drug Administration. However, the board may adopt rules concerning manufacturers that the board considers appropriate and necessary.
(c) The requirements of this chapter do not apply to a medical gas manufacturer or distributor that only manufactures or distributes medical gases.
As added by P.L.182-1991, SEC.3. Amended by P.L.8-1993, SEC.394; P.L.212-2005, SEC.23; P.L.98-2006, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 14. Wholesale Legend Drug Distributors and Third Party Logistics Providers › 25-26-14-1.5. "Adulterated"

Sec. 1.5. As used in this chapter, "adulterated" refers to a legend drug that:
(1) consists in whole or in part of a filthy, putrid, or decomposed substance;
(2) has been produced, prepared, packed, or held under unsanitary conditions and may have been contaminated or rendered injurious to health;
(3) has been subjected to conditions in the manufacture, processing, packing, or holding of the legend drug that do not conform to current standards of manufacturing to ensure that the legend drug is safe for use and possesses the identity, strength, quality, and purity characteristics that the legend drug is represented to possess;
(4) is contained in a container composed of a poisonous or deleterious substance that may render the legend drug injurious to health;
(5) bears or contains, for purposes of coloring only, a color additive that is unsafe;
(6) is of a different strength, quality, or purity from the official compendium standard for the legend drug; or
(7) does not meet the considerations of the federal Food, Drug, and Cosmetic Act.
As added by P.L.212-2005, SEC.24.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 14. Wholesale Legend Drug Distributors and Third Party Logistics Providers › 25-26-14-1.7. "Authenticate"

Sec. 1.7. As used in this chapter, "authenticate" means to affirmatively verify before distribution occurs that each transaction that is listed on:
(1) the pedigree of a legend drug; and
(2) other accompanying documentation for a legend drug;
has occurred.
As added by P.L.212-2005, SEC.25.