January 5, 2011, read first time and referred to Committee on Public Health.
January 20, 2011, amended, reported _ Do Pass.
January 25, 2011, read second time, amended, ordered engrossed.
Reprinted
January 26, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2010 Regular Session of the General Assembly.
HOUSE BILL No. 1017
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-10-3-4; (11)HB1017.2.1. -->
SECTION 1. IC 11-10-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The department
shall establish directives governing:
(1) medical care to be provided to committed individuals,
including treatment for mental retardation, alcoholism, and drug
addiction;
(2) administration of medical facilities and health centers
operated by the department;
(3) medical equipment, supplies, and devices to be available for
medical care;
(4) provision of special diets to committed individuals;
(5) acquisition, storage, handling, distribution, and dispensing of
all medication and drugs;
(6) the return of unused medications that meet the
requirements of IC 25-26-13-25(j)(1) through
IC 25-26-13-25(j)(5) to the pharmacy that dispensed the
medication;
(6) (7) training programs and first aid emergency care for
committed individuals and department personnel;
(7) (8) medical records of committed individuals; and
(8) (9) professional staffing requirements for medical care.
(b) The state department of health shall make an annual inspection
of every health facility, health center, or hospital operated by the
department and report to the commissioner whether that facility, center,
or hospital meets the requirements established by the state department
of health. Any noncompliance with those requirements must be stated
in writing to the commissioner, with a copy to the governor.
(c) For purposes of IC 4-22-2, the term "directive" as used in this
section relates solely to internal policy and procedure not having the
force of law.
(d) For purposes of subsection (a)(6), the department:
(1) shall return medication that belonged to a Medicaid
recipient; and
(2) may return other unused medication;
to the pharmacy that dispensed the medication if the unused
medication meets the requirements of IC 25-26-13-25(j)(1) through
IC 25-26-13-25(j)(5).
(e) For purposes of subsection (a)(6), the department may
return a controlled substance (as defined in IC 35-48-1-9) to the
pharmacy that dispensed the medication.
SOURCE: IC 11-12-5-8; (11)HB1017.2.2. -->
SECTION 2. IC 11-12-5-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8. (a) This section applies to the return of unused
medications that meet the requirements of IC 25-26-13-25(j)(1)
through IC 25-26-13-25(j)(5).
(b) The county sheriff:
(1) shall return medication that belonged to a Medicaid
recipient; and
(2) may return other unused medication;
to the pharmacy that dispensed the medication if the unused
medication meets the requirements of IC 25-26-13-25(j)(1) through
IC 25-26-13-25(j)(5).
(c) The county sheriff may return a controlled substance (as
defined in IC 35-48-1-9) to the pharmacy that dispensed the
medication.
SOURCE: IC 25-26-13-25; (11)HB1017.2.4. -->
SECTION 4. IC 25-26-13-25, AS AMENDED BY P.L.204-2005,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 25. (a) All original prescriptions, whether in
written or electronic format, shall be numbered and maintained in
numerical and chronological order, or in a manner approved by the
board and accessible for at least two (2) years in the pharmacy. A
prescription transmitted from a practitioner by means of
communication other than writing must immediately be reduced to
writing or recorded in an electronic format by the pharmacist. The files
shall be open for inspection to any member of the board or its duly
authorized agent or representative.
(b) A prescription may be electronically transmitted from the
practitioner by computer or another electronic device to a pharmacy
that is licensed under this article or any other state or territory. An
electronic data intermediary that is approved by the board:
(1) may transmit the prescription information between the
prescribing practitioner and the pharmacy;
(2) may archive copies of the electronic information related to the
transmissions as necessary for auditing and security purposes; and
(3) must maintain patient privacy and confidentiality of all
archived information as required by applicable state and federal
laws.
(c) Except as provided in subsection (d), a prescription for any drug,
the label of which bears either the legend, "Caution: Federal law
prohibits dispensing without prescription" or "Rx Only", may not be
refilled without written, electronically transmitted, or oral authorization
of a licensed practitioner.
(d) A prescription for any drug, the label of which bears either the
legend, "Caution: Federal law prohibits dispensing without
prescription" or "Rx Only", may be refilled by a pharmacist one (1)
time without the written, electronically transmitted, or oral
authorization of a licensed practitioner if all of the following conditions
are met:
(1) The pharmacist has made every reasonable effort to contact
the original prescribing practitioner or the practitioner's designee
for consultation and authorization of the prescription refill.
(2) The pharmacist believes that, under the circumstances, failure
to provide a refill would be seriously detrimental to the patient's
health.
(3) The original prescription authorized a refill but a refill would
otherwise be invalid for either of the following reasons:
(A) All of the authorized refills have been dispensed.
(B) The prescription has expired under subsection (g).
(4) The prescription for which the patient requests the refill was:
(A) originally filled at the pharmacy where the request for a
refill is received and the prescription has not been transferred
for refills to another pharmacy at any time; or
(B) filled at or transferred to another location of the same
pharmacy or its affiliate owned by the same parent corporation
if the pharmacy filling the prescription has full access to
prescription and patient profile information that is
simultaneously and continuously updated on the parent
corporation's information system.
(5) The drug is prescribed for continuous and uninterrupted use
and the pharmacist determines that the drug is being taken
properly in accordance with IC 25-26-16.
(6) The pharmacist shall document the following information
regarding the refill:
(A) The information required for any refill dispensed under
subsection (e).
(B) The dates and times that the pharmacist attempted to
contact the prescribing practitioner or the practitioner's
designee for consultation and authorization of the prescription
refill.
(C) The fact that the pharmacist dispensed the refill without
the authorization of a licensed practitioner.
(7) The pharmacist notifies the original prescribing practitioner
of the refill and the reason for the refill by the practitioner's next
business day after the refill has been made by the pharmacist.
(8) Any pharmacist initiated refill under this subsection may not
be for more than the minimum amount necessary to supply the
patient through the prescribing practitioner's next business day.
However, a pharmacist may dispense a drug in an amount greater
than the minimum amount necessary to supply the patient through
the prescribing practitioner's next business day if:
(A) the drug is packaged in a form that requires the pharmacist
to dispense the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day; or
(B) the pharmacist documents in the patient's record the
amount of the drug dispensed and a compelling reason for
dispensing the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day.
(9) Not more than one (1) pharmacist initiated refill is dispensed
under this subsection for a single prescription.
(10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the
practitioner has designated on the prescription form the words "No
Emergency Refill".
(e) When refilling a prescription, the refill record shall include:
(1) the date of the refill;
(2) the quantity dispensed if other than the original quantity; and
(3) the dispenser's identity on:
(A) the original prescription form; or
(B) another board approved, uniformly maintained, readily
retrievable record.
(f) The original prescription form or the other board approved
record described in subsection (e) must indicate by the number of the
original prescription the following information:
(1) The name and dosage form of the drug.
(2) The date of each refill.
(3) The quantity dispensed.
(4) The identity of the pharmacist who dispensed the refill.
(5) The total number of refills for that prescription.
(g) A prescription is valid for not more than one (1) year after the
original date of issue.
(h) A pharmacist may not knowingly dispense a prescription after
the demise of the practitioner, unless in the pharmacist's professional
judgment it is in the best interest of the patient's health.
(i) A pharmacist may not knowingly dispense a prescription after
the demise of the patient.
(j) A pharmacist or a pharmacy shall not resell, reuse, or redistribute
a medication that is returned to the pharmacy after being dispensed
unless the medication:
(1) was dispensed to a patient: an individual:
(A) residing in an institutional facility (as defined in 856
IAC 1-28.1-1(6)); or
(B) in a hospice program under IC 16-25; or
(C) in a county jail or department of correction facility;
(2) was properly stored and securely maintained according to
sound pharmacy practices;
(3) is returned unopened and:
(A) was dispensed in the manufacturer's original:
(i) bulk, multiple dose container with an unbroken tamper
resistant seal; or
(ii) unit dose package; or
(B) was packaged by the dispensing pharmacy in a:
(i) multiple dose blister container; or
(ii) unit dose package;
(4) was dispensed by the same pharmacy as the pharmacy
accepting the return;
(5) is not expired; and
(6) is not a controlled substance (as defined in IC 35-48-1-9),
unless the pharmacy holds a Type II permit (as described in
section 17 of this chapter).
(k) A pharmacist may use the pharmacist's professional judgment as
to whether to accept medication for return under this section.
(l) A pharmacist who violates subsection (d) commits a Class A
infraction.