reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-6.5. Reciprocity

Sec. 6.5. An out-of-state provider may obtain a license to provide home medical equipment services in Indiana on the basis of reciprocity if:
(1) the out-of-state provider possesses a valid license granted by another state; and
(2) the legal standards for licensure in the other state are comparable to the standards under this chapter.
However, if the requirements for licensure under this chapter are more restrictive than the standards of the other state, except for the physical plant requirement specified in section 6(b)(2) of this chapter, the out-of-state provider must comply with the additional requirements of this chapter to obtain a reciprocal license under this chapter.
As added by P.L.101-2020, SEC.6.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-7. Rules

Sec. 7. (a) The board may adopt rules under IC 4-22-2 to do the following:
(1) Specify home medical equipment that is or is not to be regulated under this chapter.
(2) Set standards for the licensure of providers.
(3) Govern the safety and quality of home medical equipment services that are provided to customers.
(4) Specify the amount of insurance coverage required under section 6(b)(3) of this chapter.
(5) Set reasonable fees for the application, issuance, and renewal of a license under this chapter and set other fees permitted under IC 25-1-8.
(b) The board may consult with individuals engaged in the home medical equipment services business to advise the board on the formulation of rules under subsection (a). The individuals may not be compensated or reimbursed for mileage by the board.
As added by P.L.122-2005, SEC.1. Amended by P.L.105-2008, SEC.52.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-8. License Required; Form; Notification

Sec. 8. (a) A provider must be licensed by the board before the provider may provide home medical equipment services. If a provider provides home medical equipment services from more than one (1) location in Indiana, the provider must obtain a license under this chapter for each location.
(b) An applicant shall submit the application to the board on a form adopted by the board. The nonrefundable application fee set by the board must be submitted with the application. The fee must be deposited in the state general fund.
(c) If the board determines that the applicant:
(1) meets the standards set forth by the board; and
(2) has satisfied the requirements under this chapter and the requirements established by the board by rule;
the board shall notify the applicant in writing that the license is being issued to the applicant. The license is effective on the applicant's receipt of the written notification.
(d) A license issued under this chapter expires biennially on a date established by the agency under IC 25-1-5-4. An entity that is licensed under this chapter shall display the license or a copy of the license on the licensed premises.
(e) A license lapses without any action by the board if an application for renewal has not been filed and the required fee has not been paid by the established biennial renewal date.
(f) If a license under this chapter has been expired for not more than three (3) years, the license may be reinstated by the board if the holder of the license meets the requirements of IC 25-1-8-6(c).
(g) If a license under this chapter has been expired for more than three (3) years, the license may be reinstated by the board if the holder of the license meets the requirements for reinstatement under IC 25-1-8-6(d).
As added by P.L.122-2005, SEC.1. Amended by P.L.98-2006, SEC.28; P.L.105-2008, SEC.53; P.L.82-2016, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 21. Home Medical Equipment Services Providers › 25-26-21-9. Inspections; Report; Appeal; Inspectors; Confidential Information

Sec. 9. (a) The board may inspect the operations and facilities of an applicant for a license under this chapter to determine whether to issue the applicant a license.
(b) The board may conduct random inspections at any time for the following reasons:
(1) To ensure the integrity and effectiveness of the licensing process.
(2) To investigate a consumer complaint or a complaint by a qualified source as identified by the board.
(3) To ensure continuing compliance with the licensing requirements under this chapter.
(c) The board shall provide the provider a report of the board's findings after the board completes an investigation under this section.
(d) A provider that disputes the report in subsection (c) may file an appeal under IC 4-21.5 with the board not later than thirty (30) days after receipt of the report. The board shall review the inspection report and, upon the provider's request, conduct a new inspection.
(e) The board shall employ qualified inspectors to investigate complaints and conduct inspections. Investigators may review and audit records under an investigation or inspection during the inspected facility's normal business hours at the place of business of the provider being investigated.
(f) The board and the board's employees may not disclose confidential information obtained during an investigation except:
(1) during a disciplinary hearing held under section 10 of this chapter; or
(2) under a court order.
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 › 25-26-21-10. Discipline

Sec. 10. The board may discipline the holder of a license under IC 25-1-9 after a hearing or for any of the following reasons:
(1) Violation of this chapter or violation of a rule established by the board.
(2) Violation of a board order.
(3) Failure to meet the standards set forth in section 6(b) of this chapter.
(4) The conviction or plea of guilty for a felony or misdemeanor that:
(A) involves fraud or deceit; or
(B) is directly related to providing home medical equipment services.
(5) Negligence or gross misconduct in providing home medical equipment services.
(6) The aid, assistance, or willful allowance of another person in violating a provision under this chapter or a rule adopted by the board.
(7) Failure to provide information within sixty (60) days in response to a written request from the board.
(8) The engagement in conduct that is likely to deceive, defraud, or harm the public.
(9) Denial, revocation, suspension, or restriction of a license in another state or jurisdiction to provide home medical equipment services for a reason other than the failure to renew the license.
(10) The receipt of a fee, commission, rebate, or other form of compensation for services not rendered.
(11) Knowingly making or filing false records, reports, or billings in the course of providing home medical equipment services, including false records, reports, or billings prepared for or submitted to state or federal agencies or departments.
(12) Failure to comply with federal rules issued under the federal Medicare program (42 U.S.C. 1395 et seq.) relating to operations, financial transactions, and general business practices of home medical equipment services providers.
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 › 25-26-21-11. Penalties

Sec. 11. (a) A person who engages in the business of home medical equipment services and who:
(1) is required to be licensed under this chapter; and
(2) knowingly provides home medical equipment services without a license issued under this chapter;
commits a Class A misdemeanor.
(b) Each day a violation of this section continues constitutes a separate offense.
(c) The board may, in the name of the state and through the attorney general, apply in a court to enjoin a person from providing home medical equipment services in violation of this chapter.
As added by P.L.122-2005, SEC.1. Amended by P.L.9-2022, SEC.48.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-1. Definitions Applicable to Chapter

Sec. 1. The definitions contained in IC 25-26-13-2 apply throughout this chapter.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-2. "Audit"

Sec. 2. As used in this chapter, "audit" means an audit of a pharmacy:
(1) on behalf of a third party payer; and
(2) related to a particular claim made by the pharmacy to the third party payer.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-3. "Extrapolation Audit"

Sec. 3. As used in this chapter, "extrapolation audit" means an audit of a sample of claims submitted by a pharmacy to a third party payer, the results of which are used to estimate audit results for a larger group of unaudited claims submitted by the pharmacy to the third party payer.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-4.2. Third Party Payer Onsite Audit Limitations

Sec. 4.2. (a) A third party payer may cause an onsite audit to occur at a particular pharmacy location not more than one (1) time per calendar year.
(b) A company that conducts an audit for a third party payer may conduct an onsite audit at a particular pharmacy location not more than one (1) time per calendar year for each third party payer. However, if the audit results in a finding of a particular problem at the pharmacy, the auditor may return within the calendar year to determine ongoing compliance.
As added by P.L.159-2012, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-5. Audit Requirements

Sec. 5. An auditor conducting an audit shall comply with all of the following:
(1) The contract under which the audit is performed must provide a description of audit procedures that will be followed.
(2) For an onsite audit conducted at a pharmacy's location, the auditor that conducts the audit shall provide written notice to the pharmacy at least two (2) weeks before the initial onsite audit is performed for each audit cycle.
(3) The auditor shall not interfere with the delivery of pharmacist services to a patient and shall use every effort to minimize inconvenience and disruption to pharmacy operations during the audit. This subdivision does not prohibit audits during normal business hours of the pharmacy.
(4) If the audit requires use of clinical or professional judgment, the audit must be conducted by or in consultation with a licensed pharmacist.
(5) The auditor shall allow the use of written or otherwise transmitted hospital, physician, or other health practitioner records to validate a pharmacy record with respect to a prescription for a legend drug.
(6) The auditor shall perform the audit according to the same standards and parameters that the auditor uses to audit all other similarly situated pharmacies on behalf of the third party payer.
(7) The period covered by the audit must not exceed twenty-four (24) months after the date on which the claim that is the subject of the audit was submitted to or adjudicated by the third party payer, and the pharmacy must be permitted to resubmit electronically any claims disputed by the audit. This subdivision does not limit the period for audits under the Medicaid program that are conducted due to a federal requirement.
(8) The audit must not be initiated or scheduled during the first seven (7) calendar days of any month without the voluntary consent of the pharmacy. The consent may not be mandated by a contract or any other means.
(9) Payment to the onsite auditor for conducting the audit must not be based on a percentage of any amount recovered as a result of the audit.
(10) Within twenty-four (24) hours of receiving the notice of an audit, a pharmacy may reschedule the audit to a date not more than fourteen (14) days after the date proposed by the auditor. However, if the auditor is unable to reschedule within the fourteen (14) day period, the auditor shall select and reschedule the audit for a date after the fourteen (14) day period.
(11) This subdivision does not apply to an audit conducted by the Medicaid program. If a clerical error is identified by the auditor during the course of an audit, the auditor shall allow the pharmacy to obtain a prescription that corrects the clerical error from the prescribing physician. However, if the clerical error results in an overpayment to the pharmacy, the overpayment may be recouped by the third party payer.
As added by P.L.7-2009, SEC.1. Amended by P.L.159-2012, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-6. Written Audit Reports

Sec. 6. (a) This section does not apply to an audit conducted by the Medicaid, Medicare, or any other federal program.
(b) Following an audit, the auditor shall provide to the pharmacy written audit reports as follows:
(1) The auditor shall deliver a preliminary audit report to the pharmacy not later than ninety (90) days after the audit is concluded.
(2) The auditor shall provide with the preliminary audit report a written appeal procedure for the pharmacy to follow if the pharmacy desires to appeal a finding contained in the preliminary audit report. The written appeal procedure must provide for a period of at least thirty (30) days after the pharmacy receives the preliminary audit report during which the pharmacy may file an appeal of findings contained in the preliminary audit report.
(3) The auditor shall deliver a final audit report to the pharmacy not later than one hundred twenty (120) days after:
(A) the preliminary audit report is received by the pharmacy; or
(B) if an appeal is filed, a final appeal determination is made;
whichever is later.
(4) Each audit report must be signed by the auditor and a pharmacist participating in the audit.
(5) The auditor shall provide a copy of the final audit report to the third party payer.
(c) If requested by the pharmacy, the auditor shall provide the audit report under this section to the pharmacy by a means that allows signature confirmation, including an electronic signature (as defined by IC 25-26-13-2). If the audit report is sent by electronic mail, any other verification system may be used, provided that the receipt is acknowledged by the pharmacy.
As added by P.L.7-2009, SEC.1. Amended by P.L.159-2012, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-7. Clerical Errors; Fraud; Recoupment of Payment

Sec. 7. (a) A clerical error related to or contained in a document that is necessary to the conduct of an audit does not constitute fraud without proof of intent to commit fraud.
(b) A clerical error that results in inappropriate payment of a claim by the third party payer may result in recoupment of any inappropriately made payment.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-8. Overpayment and Underpayment Audit Findings

Sec. 8. An audit finding of an overpayment or underpayment of a claim:
(1) must be based on an actual overpayment or underpayment; and
(2) may not be based on a projection that is based on the number of:
(A) patients who:
(i) have similar diagnoses; and
(ii) are served by the pharmacy; or
(B) prescriptions for or refills of similar legend drugs that are dispensed by the pharmacy.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-9. Audit Report; Distribution; Interest Accrual

Sec. 9. (a) This section does not apply to an audit conducted by the Medicaid, Medicare, or any other federal program.
(b) Before recoupment of funds may be made based on an audit finding of overpayment or underpayment:
(1) a final audit report must be distributed; and
(2) except when an audit finds that fraud, willful misrepresentation, or alleged serious abuse has occurred, at least thirty (30) days must elapse after the date on which the final audit report is distributed before the recoupment of funds exceeding ten thousand dollars ($10,000).
(c) Interest on funds described in subsection (b) does not accrue during the audit period.
As added by P.L.7-2009, SEC.1. Amended by P.L.159-2012, SEC.12.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-10. Prohibition of Extrapolation Audits for Calculating Recoupments or Penalties

Sec. 10. The results of an extrapolation audit may not be used by an auditor as a basis for calculating overpayment or underpayment recoupments or penalties.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 22. Pharmacy Audits › 25-26-22-11. Application of Chapter for Investigative Audits

Sec. 11. This chapter does not apply to an investigative audit conducted for purposes of determining whether fraud, willful misrepresentation, or alleged serious abuse has occurred.
As added by P.L.7-2009, SEC.1.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-2. Adoption of Rules

Sec. 2. (a) The board shall adopt rules under IC 4-22-2 to implement this chapter.
(b) The board may adopt emergency rules under IC 4-22-2-37.1 to implement this chapter.
As added by P.L.119-2011, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-3. Determination of Entities

Sec. 3. The board shall determine the entities that may participate in a program under this chapter, but must include health facilities licensed under IC 16-28 and pharmacies.
As added by P.L.119-2011, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-4. Rules for an Entity to Accept Unused Medications

Sec. 4. The rules adopted under this chapter must set forth the guidelines for an entity to accept unused medication. The rules must set forth:
(1) the responsibilities of the entities who are accepting the unused medication;
(2) details concerning record keeping of the medication collected;
(3) the proper methods to destroy unused medication;
(4) privacy protocols;
(5) security standards; and
(6) proper transportation procedures.
As added by P.L.119-2011, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-5. Rules Allowing an Entity to Return Unused Medication

Sec. 5. The board may adopt rules allowing an entity determined under section 3 of this chapter to return unused medication to the pharmacy that dispensed the medication as described in IC 16-28-11-4(b).
As added by P.L.119-2011, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-6. Required Board Consultation With Certain Agencies and Task Force to Promulgate Rules

Sec. 6. The board shall consult with the following agencies and task force in promulgating rules under this chapter:
(1) The department of environmental management.
(2) The Indiana department of health.
(3) The state police department.
(4) The Indiana hazardous waste task force.
As added by P.L.119-2011, SEC.4. Amended by P.L.56-2023, SEC.240.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-7. Limitation of Rules Adopted Under This Chapter

Sec. 7. The rules adopted under this chapter may not:
(1) mandate any public or private entity to establish, operate, or fund a disposal program under this chapter;
(2) mandate that law enforcement participate in a program under this chapter;
(3) require any new licensing or fees for a program under this chapter;
(4) create liability for:
(A) an entity not participating in; or
(B) a patient not using;
a program under this chapter; and
(5) have a fiscal impact to the state or any state agencies.
As added by P.L.119-2011, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-8. Immunity From Civil Liability for Certain Entities or Employees

Sec. 8. (a) An entity or employee of an entity described in section 3 of this chapter who is operating a program under this chapter is immune from civil liability for an act or omission related to the operation of the program.
(b) The civil immunity described in subsection (a) does not apply to:
(1) an act or omission that constitutes gross negligence or willful, wanton, or intentional misconduct; and
(2) the enforcement of rules adopted under this chapter by a government entity.
As added by P.L.119-2011, SEC.4.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 23. Returning Unused Medication › 25-26-23-9. Program to Accept Unused Medication

Sec. 9. (a) As used in this section, "unit" means a city, town, or county.
(b) A program to accept unused medication by a business or other entity that complies with applicable state and federal law is not subject to regulation by a unit.
(c) A unit may not do any of the following:
(1) Impose a tax, fee, assessment, or charge on a consumer, business, or other entity to pay for or support a program to accept unused medication in the unit's jurisdiction.
(2) Require a business or other entity to establish, pay for, or operate a program to accept unused medication in the unit's jurisdiction.
(d) Nothing in this section prohibits a unit from using money in the unit's general fund to operate a program to accept unused medication.
As added by P.L.246-2019, SEC.20 and P.L.264-2019, SEC.9.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-2. "Committee"

Sec. 2. As used in this chapter, "committee" refers to the INSPECT oversight committee established by section 24 of this chapter.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-2.5. "Controlled Substance"

Sec. 2.5. As used in this chapter, "controlled substance" has the meaning set forth in IC 35-48-1-9. The term includes gabapentin.
As added by P.L.246-2019, SEC.21 and P.L.264-2019, SEC.10.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-3. "Dispense"

Sec. 3. (a) As used in this chapter, "dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner and includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(b) The term does not apply to the following:
(1) A drug administered directly to a patient.
(2) A drug dispensed by a practitioner, if the quantity dispensed is not more than a seventy-two (72) hour supply of a controlled substance listed in schedule II, III, IV, or V as set forth in IC 35-48-3-9.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-4. "Ephedrine"

Sec. 4. As used in this chapter, "ephedrine" includes only ephedrine that is dispensed pursuant to a prescription or drug order.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-5. "Exception Report"

Sec. 5. As used in this chapter, "exception report" means a record of data concerning:
(1) a practitioner practicing a particular specialty or field of health care;
(2) a dispenser doing business in a particular location; or
(3) a recipient;
that indicates dispensing or receiving of controlled substances outside norms for dispensing or receiving controlled substances established by the board under this chapter.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-6. "Identification Number"

Sec. 6. As used in this chapter, "identification number" refers to the following:
(1) The unique number contained on any of the following:
(A) A valid driver's license of a recipient or a recipient's representative issued under Indiana law or the law of any other state.
(B) A recipient's or a recipient representative's valid military identification card.
(C) A valid identification card of a recipient or a recipient's representative issued by:
(i) the bureau of motor vehicles as described in IC 9-24-16-3; or
(ii) any other state and that is similar to the identification card issued by the bureau of motor vehicles.
(D) A valid photo exempt identification card of a recipient or a recipient's representative issued by:
(i) the bureau of motor vehicles as described in IC 9-24-16.5-1; or
(ii) any other state and that is similar to the photo exempt identification card issued by the bureau of motor vehicles.
(E) If the recipient is an animal:
(i) the valid driver's license issued under Indiana law or the law of any other state;
(ii) the valid military identification card; or
(iii) the valid identification card issued by the bureau of motor vehicles and described in IC 9-24-16-3, a valid photo exempt identification card issued by the bureau of motor vehicles as described in IC 9-24-16.5-1, or a valid identification card or photo exempt identification card of similar description that is issued by any other state;
of the animal's owner.
(2) The identification number or phrase designated by the central repository.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-7. "Inspect"

Sec. 7. As used in this chapter, "INSPECT" means the Indiana scheduled prescription electronic collection and tracking program established by IC 25-1-13-4.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-8. "Interoperability"

Sec. 8. As used in this chapter, "interoperability" refers to the INSPECT program electronically sharing reported information with another state concerning the dispensing of a controlled substance:
(1) to a recipient who resides in the other state; or
(2) prescribed by a practitioner whose principal place of business is located in another state.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-9. "Pain Management Clinic"

Sec. 9. (a) As used in this chapter, "pain management clinic" means a publicly or privately owned facility that primarily engages in the treatment of pain or pain management through prescribing controlled substances.
(b) The term does not include the following:
(1) A hospital licensed under IC 16-21, including a facility owned by the hospital or an office of a hospital employed physician.
(2) An accredited school, college, university, or other educational institution or program that is related to providing instruction to individuals preparing to practice as a dentist, physician, physician assistant, nurse, optometrist, podiatrist, or veterinarian.
(3) A hospice program licensed under IC 16-25-3.
(4) An ambulatory outpatient surgical center licensed under IC 16-21-2.
(5) A long term care facility licensed under IC 16-28-2.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-10. "Patient"

Sec. 10. As used in this chapter, "patient" means an individual who has requested or received health care services from a provider for the examination, treatment, diagnosis, or prevention of a physical or mental condition.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-11. "Practitioner"

Sec. 11. As used in this chapter, "practitioner" means a physician, dentist, veterinarian, podiatrist, nurse practitioner, scientific investigator, pharmacist, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the United States.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-12. "Prescription"

Sec. 12. As used in this chapter, "prescription" means an order for medication that is dispensed to or for a recipient. The term does not include an order for medication that is dispensed for immediate administration to the recipient.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-13. "Pseudoephedrine"

Sec. 13. As used in this chapter, "pseudoephedrine" includes only pseudoephedrine that is dispensed pursuant to a prescription or drug order.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-14. "Recipient"

Sec. 14. As used in this chapter, "recipient" means an individual for whom a controlled substance is dispensed.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-15. "Recipient Representative"

Sec. 15. As used in this chapter, "recipient representative" means the individual to whom a controlled substance is dispensed if the recipient is either less than eighteen (18) years of age or unavailable to receive the controlled substance.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-16. "State"

Sec. 16. As used in this chapter, "state" means any state of the United States or the District of Columbia.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-18. Program Requirements; Execution of Contracts; Data; Funding

Sec. 18. (a) The INSPECT program must do the following:
(1) Create a data base for information required to be transmitted under section 17 of this chapter in the form required under rules adopted by the board, including search capability for the following:
(A) An ephedrine, pseudoephedrine, or a controlled substance recipient's name.
(B) An ephedrine, pseudoephedrine, or a controlled substance recipient's or recipient representative's identification number.
(C) An ephedrine, pseudoephedrine, or a controlled substance recipient's date of birth.
(D) The national drug code number of ephedrine, pseudoephedrine, or a controlled substance dispensed.
(E) The dates ephedrine, pseudoephedrine, or a controlled substance are dispensed.
(F) The quantities of ephedrine, pseudoephedrine, or controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency registration number.
(I) A prescriber's United States Drug Enforcement Agency registration number.
(J) Whether a prescription was transmitted to the pharmacist orally or in writing.
(K) An ephedrine, pseudoephedrine, or a controlled substance recipient's method of payment for the ephedrine, pseudoephedrine, or controlled substance dispensed.
To the extent considered appropriate by the board, the data base must be interoperable with other similar registries operated by federal and state governments.
(2) Provide the board with continuing twenty-four (24) hour a day online access to the data base.
(3) Secure the information collected and the data base maintained against access by unauthorized persons.
(b) The board may not execute a contract with a vendor designated by the board to perform any function associated with the administration of the INSPECT program, unless the contract has been approved by the committee.
(c) The INSPECT program may gather prescription data from the Medicaid retrospective and prospective drug utilization review (DUR) program established under IC 12-15-35.
(d) The board may accept and designate grants, public and private financial assistance, and licensure fees to provide funding for the INSPECT program.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-19.5. Release of Inspect Information to a Veterinarian

Sec. 19.5. A practitioner who is a veterinarian and who is treating an animal may obtain information about:
(1) the owner of the animal; or
(2) the individual to whom an opioid or benzodiazepine will be dispensed for the animal;
from the data base before prescribing an opioid or benzodiazepine for the animal.
As added by P.L.211-2019, SEC.38.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-20. Certification Requirement

Sec. 20. A practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner's professional practice or research in the United States must be certified under section 19(d)(4) of this chapter to receive information from the INSPECT program.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-21. Review by Governing Board of Dissemination of Exception Reports; Investigation

Sec. 21. (a) Each board described in IC 25-0.5-11-1 that regulates a health care provider that prescribes or dispenses prescription drugs may review and act upon the unsolicited dissemination of exception reports under section 19 of this chapter.
(b) Upon receipt of an exception report, the board may:
(1) send the exception report to a law enforcement agency for purposes of an investigation; or
(2) send the exception report to the office of the attorney general for purposes of an investigation.
(c) If the board sends an exception report as described in subsection (b)(1) or (b)(2), it shall ensure compliance with section 19 of this chapter.
(d) Notwithstanding subsection (a), the board may disseminate exception reports to prescribers and dispensers specific to recipients.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-22. Rules; Standards; Intervention and Treatment

Sec. 22. (a) The board shall adopt rules under IC 4-22-2 to implement this chapter, including the following:
(1) Information collection and retrieval procedures for the INSPECT program, including the controlled substances to be included in the program required under section 17 of this chapter.
(2) Design for the creation of the data base required under section 18 of this chapter.
(3) Requirements for the development and installation of online electronic access by the board to information collected by the INSPECT program.
(4) Identification of emergency situations or other circumstances in which a practitioner may prescribe, dispense, and administer a prescription drug specified in section 17 of this chapter without a written prescription or on a form other than a form specified in section 17(a)(4) of this chapter.
(5) Requirements for a practitioner providing treatment for a patient at an opioid treatment program operating under IC 12-23-18 to check the INSPECT program:
(A) before initially prescribing ephedrine, pseudoephedrine, or a controlled substance to a patient; and
(B) periodically during the course of treatment that uses ephedrine, pseudoephedrine, or a controlled substance.
(b) The board may:
(1) set standards for education courses for individuals authorized to use the INSPECT program;
(2) identify treatment programs for individuals addicted to controlled substances monitored by the INSPECT program; and
(3) work with impaired practitioner associations to provide intervention and treatment.
(c) The executive director of the Indiana professional licensing agency may hire a person to serve as the director of the INSPECT program, with the approval of the chairperson of the board.
(d) The board shall do the following:
(1) Establish a procedure for a practitioner to request a waiver from the requirements of section 19(k) of this chapter if the practitioner does not have access to the Internet at the practitioner's place of business.
(2) Review a practitioner's written request for a waiver from the requirements of section 19(k) of this chapter and determine whether the practitioner should be granted a waiver.
(3) Upon determination by the board under subdivision (2) that a practitioner should be granted a waiver under this subsection, issue the practitioner a waiver.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-23. Fund

Sec. 23. (a) The controlled substances data fund is established to fund the administration of the INSPECT program. The fund shall be administered by the Indiana professional licensing agency.
(b) Expenses of administering the fund shall be paid from money in the fund. The fund consists of grants, public and private financial assistance, and the controlled substances registration fees imposed under rules adopted under IC 35-48-3-1.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-24. Committee; Members; Recommendations; Meetings; Term

Sec. 24. (a) The INSPECT oversight committee is established.
(b) The committee consists of the following members:
(1) The president of the board or the president's designee, who shall serve as the chairperson of the committee.
(2) The commissioner of the Indiana department of health or the commissioner's designee.
(3) The superintendent of the state police department or the superintendent's designee.
(4) The attorney general or the attorney general's designee.
(5) Two (2) lay members who are authorized users of the INSPECT program appointed by the president pro tempore of the senate, not more than one (1) of whom may be affiliated with the same political party.
(6) Two (2) lay members who are authorized users of the INSPECT program appointed by the speaker of the house of representatives, not more than one (1) of whom may be affiliated with the same political party.
(c) The committee shall provide recommendations to the board concerning the implementation of policies, standards, and rules that promote the effective operation of the program.
(d) The committee shall meet:
(1) at least once each calendar year; and
(2) at the call of the chairperson.
(e) The term of a member of the committee appointed under this section is four (4) years. The term of a member of the committee expires July 1, but a member may continue to serve on the committee until a successor is appointed.
As added by P.L.51-2019, SEC.8. Amended by P.L.56-2023, SEC.242.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-25. Violations

Sec. 25. A person who knowingly or intentionally releases confidential information in an unauthorized manner violates this chapter and commits a Class A misdemeanor.
As added by P.L.51-2019, SEC.8.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 24. Central Repository for Controlled Substances Data › 25-26-24-26. Rules Transferred

Sec. 26. Any administrative rule adopted under IC 35-48-7-12.1 (before its repeal) is hereby considered to be adopted under section 22 of this chapter.
As added by P.L.246-2019, SEC.22 and P.L.264-2019, SEC.11.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 25. Hormonal Contraceptives › 25-26-25-2. "Hormonal Contraceptive Patch"

Sec. 2. As used in this chapter, "hormonal contraceptive patch" means a transdermal patch applied to the skin of a woman, by the woman or by a pharmacist, that releases a drug composed of a combination of hormones that is approved by the federal Food and Drug Administration to prevent pregnancy. However, the term does not include a drug, substance, or device that contains a progesterone receptor antagonist.
As added by P.L.154-2023, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 25. Hormonal Contraceptives › 25-26-25-3. "Self-Administered Hormonal Contraceptive"

Sec. 3. As used in this chapter, "self-administered hormonal contraceptive" means a drug:
(1) composed of a hormone or a combination of hormones that is approved by the federal Food and Drug Administration to prevent pregnancy; and
(2) that the woman to whom the drug is prescribed may administer to herself.
The term includes hormonal contraceptive pills. However, the term does not include a drug or substance that contains a progesterone receptor antagonist.
As added by P.L.154-2023, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 25. Hormonal Contraceptives › 25-26-25-4. Prescribing and Dispensing Hormonal Contraceptives

Sec. 4. A pharmacist may prescribe and dispense hormonal contraceptive patches and self-administered hormonal contraceptives to a woman who is at least eighteen (18) years of age, regardless of whether the woman has evidence of a previous prescription from a primary care practitioner or women's health care practitioner for a hormonal contraceptive patch or self-administered hormonal contraceptive.
As added by P.L.154-2023, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 25. Hormonal Contraceptives › 25-26-25-5. Standing Order; Requirements

Sec. 5. (a) The state health commissioner or designated public health authority shall issue a standing order that concerns standard procedures for the prescribing of hormonal contraceptive patches and self-administered hormonal contraceptives by pharmacists and that is effective until the board adopts rules under this chapter.
(b) Before issuing a standing order under subsection (a), the state health commissioner or designated public health authority shall:
(1) consult with appropriate medical experts; and
(2) receive approval of the medical licensing board of Indiana.
(c) The standing order issued under this section must require a pharmacist who elects to prescribe hormonal contraceptive patches and self-administered hormonal contraceptives to do the following:
(1) Complete a training program approved by the board that is related to prescribing hormonal contraceptive patches and self-administered hormonal contraceptives. The board may adopt a training program developed by another state.
(2) Provide a self-screening risk assessment tool that the woman must use before the pharmacist's prescribing of the hormonal contraceptive patch or self-administered hormonal contraceptive.
(3) Refer the woman to a primary care practitioner or the women's health care practitioner upon prescribing and dispensing the hormonal contraceptive patch or self-administered hormonal contraceptive.
(4) Provide the woman with a written record of the hormonal contraceptive patch or the self-administered hormonal contraceptive prescribed and dispensed and advise the woman to consult with a primary care practitioner or women's health care practitioner.
(5) If the pharmacist works at a site which, in the regular course of business, has a provider who is a physician, advanced practice registered nurse, or physician assistant who is available to deliver patient care and who is capable of prescribing the hormonal contraceptive patch or self-administered hormonal contraceptive, suggest that the woman see the provider.
(6) Administer the screening protocols before issuing each prescription for a hormonal contraceptive patch or self-administered hormonal contraceptive.
(7) Provide that a prescription for a contraceptive patch or self-administered hormonal contraceptive may not be for more than a six (6) month period and that the pharmacist may not issue a prescription to the woman after twelve (12) months unless the woman has been seen by a physician, advanced practice registered nurse, or physician assistant in the previous twelve (12) month period.
As added by P.L.154-2023, SEC.3.
2023 Indiana Code › Title 25. Professions and Occupations › Article 26. Pharmacists, Pharmacies, Drug Stores › Chapter 25. Hormonal Contraceptives › 25-26-25-6. Rules

Sec. 6. The board shall adopt rules under IC 4-22-2 that adopt the state health commissioner's standing order under section 5 of this chapter.
As added by P.L.154-2023, SEC.3.