Indiana Administrative Code › Title 856 - INDIANA BOARD OF PHARMACY › Article 1 - PHARMACIES AND PHARMACISTS › Rule 20 - Violations and Penalties › Section 20-1 - Prohibitions

Current through July 10, 2024
Authority: IC
				  25-26-13-4
Affected: IC 25-26; IC 35-48
Sec. 1.
A pharmacist licensed to practice pharmacy under IC
				  25-26-13-1 through 25-26-13-29, or a pharmacist extern or a pharmacist intern
				  licensed under IC 25-26-13-10, as a part of the responsibility, to not
				  knowingly violate the Indiana board of pharmacy's (board's) standards for the
				  competent practice of pharmacy shall not do the following:
(1) Violate the Uniform Indiana Controlled
				Substances Act found at IC 35-48-1-1 through 35-48-4-14, as amended up to and
				including January 1, 1983, or any of the rules promulgated by the board under
				the authority of the Uniform Indiana Controlled Substances Act, which were
				effective by January 1, 1983, insofar as such violation would pertain to the
				sale of drugs and devices in Indiana as defined by IC 25-26-13-2.
(2) Violate the Indiana Legend Drug Act found
				at IC 16-6-8-1 through 16-6-8-9
[IC 16-6 was repealed by
				P.L.
				2-1993,
				SECTION
				209, effective July 1, 1993.]
, as
				amended up to and including January 1, 1983, insofar as such violation would
				pertain to the sale of drugs and devices in Indiana as defined by IC
				25-26-13-2.
(3) Violate IC
				16-1-30-1 through IC 16-1-30-19
[IC 16-1 was repealed by
				P.L.
				2-1993,
				SECTION
				209, effective July 1, 1993.]
, as
				amended to and including January 1, 1983, which deal with adulterated and
				misbranded drugs or devices, or any rules promulgated by the board under the
				authority of IC 16-1-30-1 through IC 16-1-30-19
[IC 16-1 was repealed
				by P.L.
				2-1993,
				SECTION
				209, effective July 1, 1993.]
, which
				were effective as of January 1, 1983, insofar as such violation would pertain
				to the sale of drugs and devices in Indiana as defined by IC
				25-26-13-2.
(4) Violate
				21 U.S.C.
				801 through
				21 U.S.C.
				1191, as amended, up to January 1, 1983,
				which deal with drug abuse and any of the rules and regulations promulgated
				under the authority of said Title and Sections as of January 1, 1983, insofar
				as such violations would pertain to the sale of drugs and devices in Indiana as
				defined by IC 25-26-13-2.
(5)
				Violate the Federal Food, Drug, and Cosmetic Act, which is found at
				21 U.S.C.
				301 through
				21 U.S.C.
				392, as amended, up to January 1, 1983, or
				any rules or regulations promulgated under the authority of the said act as of
				January 1, 1983, insofar as such violation would pertain to the sale of drugs
				or devices in Indiana as defined by IC 25-26-13-2.
(6) Violate Executive Proclamations of the
				President of the United States, which were effective by January 1, 1983, which
				pertain to the sale of drugs or devices in Indiana as defined by IC
				25-26-13-2.
(7) Sell, as defined in
				IC 25-26-13-2, controlled substances or legend drugs with or without
				prescription, where such sale or distribution is not in good faith and enables
				the person to whom the sale is made to supply or divert the controlled
				substances or legend drugs in an unlawful manner. The sale or distribution of
				controlled substances or legend drugs in unusually large amounts and within an
				unusually short period of time to the same individual is considered to be
				against the public welfare, health and safety and may be determined to be a
				sale or distribution not in good faith.
(8) Sell, as defined in IC 25-26-13-2, to the
				public any drugs, biologicals, medicinal substances, or devices when such
				pharmacist knows such drugs, biologicals, medicinal substances, or devices to
				be forgeries or a counterfeit product or beyond the manufacturer's expiration
				date.
(9) Aid or abet in the
				practice of a pharmacy a person not having a license to practice as a
				pharmacist in Indiana.
(10)
				Practice pharmacy in such a manner as to amount to incompetency or negligence
				in the sale or dispensation of legend drugs as defined in the Indiana Legend
				Drug Act under IC 16-6-8-2
[IC 16-6 was repealed by
				P.L.
				2-1993,
				SECTION
				209, effective July 1, 1993.]
or
				controlled substance as defined in the Uniform Controlled Substances Act of
				1973, under IC 35-48-1-1.
(11)
				Violate the act regulating the practice of pharmacy in Indiana, which is
				codified at IC
				25-26-13-1 through IC
				25-26-13-29 as amended up to and
				including January 1, 1983, or any of the rules promulgated by the board under
				the authority of the said act, which were effective by January 1,
				1983.