SB 590-2_ Filed 04/29/2005, 16:49 ChairPerson


    Madam President: Pursuant to Joint Rule 20, your Committee on Rules and Legislative Procedure, to which was referred Engrossed Senate Bill 590 because it conflicts with HEA 1098-2005 without properly recognizing the existence of HEA 1098-2005, has had Engrossed Senate Bill 590 under consideration and begs leave to report back to the Senate with the recommendation that Engrossed Senate Bill 590 be corrected as follows:

    In the Conference Committee Report to ESB 590, page 10, line 17, after "IC 25-26-13-4" insert ", AS AMENDED BY HEA 1098-2005, SECTION 22,".
    In the Conference Committee Report to ESB 590, page 11, between lines 1 and 2, begin a new line block indented and insert:
        "(3) Establishing standards and procedures before January 1, 2006, to ensure that a pharmacist:
            (A) has entered into a contract that accepts the return of expired drugs with; or
            (B) is subject to a policy that accepts the return of expired drugs of;
        a wholesaler, manufacturer, or agent of a wholesaler or manufacturer concerning the return by the pharmacist to the wholesaler, the manufacturer, or the agent of expired legend drugs or controlled drugs. In determining the standards and procedures, the board may not interfere with negotiated terms related to cost, expenses, or reimbursement charges contained in contracts between parties, but may consider what is a reasonable quantity of a drug to be purchased by a pharmacy. The standards and procedures do not apply to vaccines that prevent influenza, medicine used for the treatment of malignant hyperthermia, and other drugs determined by the board to not be subject to a return policy. An agent of a wholesaler or manufacturer must be appointed in writing and have policies, personnel, and facilities to handle properly returns of expired legend drugs and controlled

        (Reference is to ESB 590 as printed March 18, 2005, and as amended by the Conference Committee Report to ESB 590 adopted by the House on April 27, 2005, and by the Senate on April 29, 2005).


Senator GARTON, Chairperson


Senator R YOUNG, R.M.M.




JR 059001/DI 50