SOURCE: Page 12, line 1; (05)MO059003.12. -->
Page 12, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 25-26-13-4; (05)MO059003.14. -->
"SECTION 14. IC 25-26-13-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) The board may:
(1) promulgate rules and regulations under IC 4-22-2 for
implementing and enforcing this chapter;
(2) establish requirements and tests to determine the moral,
physical, intellectual, educational, scientific, technical, and
professional qualifications for applicants for pharmacists' licenses;
(3) refuse to issue, deny, suspend, or revoke a license or permit or
place on probation or fine any licensee or permittee under this
(4) regulate the sale of drugs and devices in the state of Indiana;
(5) impound, embargo, confiscate, or otherwise prevent from
disposition any drugs, medicines, chemicals, poisons, or devices
which by inspection are deemed unfit for use or would be
dangerous to the health and welfare of the citizens of the state of
Indiana; the board shall follow those embargo procedures found
in IC 16-42-1-18 through IC 16-42-1-31, and persons may not
refuse to permit or otherwise prevent members of the board or
their representatives from entering such places and making such
(6) prescribe minimum standards with respect to physical
characteristics of pharmacies, as may be necessary to the
maintenance of professional surroundings and to the protection of
the safety and welfare of the public;
(7) subject to IC 25-1-7, investigate complaints, subpoena
witnesses, schedule and conduct hearings on behalf of the public
interest on any matter under the jurisdiction of the board;
(8) prescribe the time, place, method, manner, scope, and subjects
of licensing examinations which shall be given at least twice
(9) perform such other duties and functions and exercise such
other powers as may be necessary to implement and enforce this
(b) The board shall adopt rules under IC 4-22-2 for the following:
(1) Establishing standards for the competent practice of pharmacy.
(2) Establishing the standards for a pharmacist to counsel
individuals regarding the proper use of drugs.
(c) The board may grant or deny a temporary variance to a rule it has
(1) the board has adopted rules which set forth the procedures and
standards governing the grant or denial of a temporary variance;
(2) the board sets forth in writing the reasons for a grant or denial
of a temporary variance.
(d) The board, in consultation with the medical licensing board,
shall adopt rules and procedures concerning the electronic
transmission of prescriptions. The rules adopted under this
subsection must address the following:
(1) Privacy protection for the practitioner and the
(2) Security of the electronic transmission.
(3) Use of a practitioner's United States Drug Enforcement
Agency registration number.
(4) Protection of the practitioner from identity theft or
fraudulent use of the practitioner's prescribing authority.".
Renumber all SECTIONS consecutively.
(Reference is to SB 590 as printed February 1, 2005.)