Filed House Amendment, Senate Bill 0357

SOURCE: IC 16-34-1-5.5; (10)MO035714.2. -->     "SECTION 2. IC 16-34-1-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 5.5. (a) A pharmacist may not be required to dispense or sell a drug or medical device if the pharmacist believes that the drug or medical device would be used to:
        (1) cause an abortion; or
        (2) cause the death of a person by means of assisting suicide (IC 35-42-1-2.5), euthanasia, or mercy killing.
However, before a pharmacist refuses to dispense a drug or medical device under subdivision (2), the pharmacist shall contact the prescribing physician to clarify the clinical condition of the patient and the appropriateness of the prescribed drug or medical device.
    (b) If a pharmacist refuses to dispense or sell a drug or medical device under subsection (a)(1), the pharmacy where the pharmacist is employed must have a policy in place to dispense or sell the drug or medical device.
     (c) A pharmacist's refusal under this section to dispense or sell a drug or medical device may not be the basis for:
        (1) a claim for damages against the pharmacist or the pharmacy where the pharmacist is employed; or
        (2) disciplinary, recriminatory, or discriminatory action

against the pharmacist by the employer.
(d) An employer who knowingly or intentionally takes disciplinary, recriminatory, or discriminatory action against a pharmacist employed by the employer because the pharmacist refused to dispense or sell a drug or medical device under subsection (a) commits pharmacy discrimination, a Class A misdemeanor. However, the offense is a Class D felony if the employer has a prior unrelated conviction for a violation of this subsection.
(e) If an employer is convicted of pharmacy discrimination under subsection (d), the Indiana board of pharmacy may assess against the employer a fine of not more than five thousand dollars ($5,000) for a first offense and a fine of not more than ten thousand dollars ($10,000) for a second or subsequent offense. A fine assessed under this subsection is in addition to any fine or other penalty imposed under subsection (d).".

SOURCE: IC 25-26-13-4; (10)MO035714.4. -->     "SECTION 4. IC 25-26-13-4, AS AMENDED BY P.L.182-2009(ss), SECTION 371, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: 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 chapter or fine an employer under IC 16-34-1-5.5;
        (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 inspections;
        (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 annually; and
        (9) perform such other duties and functions and exercise such other powers as may be necessary to implement and enforce this chapter.
    (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.
        (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 substances.
    (c) The board may grant or deny a temporary variance to a rule it has adopted if:
        (1) the board has adopted rules which set forth the procedures and standards governing the grant or denial of a temporary variance; and
        (2) the board sets forth in writing the reasons for a grant or denial of a temporary variance.
    (d) The board shall adopt rules and procedures, in consultation with the medical licensing board, concerning the electronic transmission of prescriptions. The rules adopted under this subsection must address the following:
        (1) Privacy protection for the practitioner and the practitioner's patient.
        (2) Security of the electronic transmission.

        (3) A process for approving electronic data intermediaries for the electronic transmission of prescriptions.
        (4) Use of a practitioner's United States Drug Enforcement Agency registration number.
        (5) Protection of the practitioner from identity theft or fraudulent use of the practitioner's prescribing authority.
    (e) The governor may direct the board to develop:
        (1) a prescription drug program that includes the establishment of criteria to eliminate or significantly reduce prescription fraud; and
        (2) a standard format for an official tamper resistant prescription drug form for prescriptions (as defined in IC 16-42-19-7(1)).
The board may adopt rules under IC 4-22-2 necessary to implement this subsection.
    (f) The standard format for a prescription drug form described in subsection (e)(2) must include the following:
        (1) A counterfeit protection bar code with human readable representation of the data in the bar code.
        (2) A thermochromic mark on the front and the back of the prescription that:
            (A) is at least one-fourth (1/4) of one (1) inch in height and width; and
            (B) changes from blue to clear when exposed to heat.
    (g) The board may contract with a supplier to implement and manage the prescription drug program described in subsection (e). The supplier must:
        (1) have been audited by a third party auditor using the SAS 70 audit or an equivalent audit for at least the three (3) previous years; and
        (2) be audited by a third party auditor using the SAS 70 audit or an equivalent audit throughout the duration of the contract;
in order to be considered to implement and manage the program.".