HB 1280-1_ Filed 03/10/2012, 00:13
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1280
Citations Affected: IC 1-1-2.5; IC 4-3-22; IC 4-21.5-3-1; IC 4-22; IC 8-1-34-24.5; IC 25-26-13;
Synopsis: Regulatory matters. Conference committee report for EHB 1280. Provides that
intrastate commerce in Indiana is not subject to the authority of the United States Congress.
Permits certain administrative adjudication notices to be delivered by electronic mail or another
method approved by the Indiana Rules of Trial Procedure. Requires the division of government
efficiency and financial planning in the office of management and budget to advise and assist
state agencies and instrumentalities with the implementation of continuous process improvement
techniques. Provides that an agency may solicit comments from members of the public who are
likely to be affected by a rule because they are the subject of the potential rulemaking or are
likely to benefit from the potential rulemaking. Requires that state documents provided to the
public must comply with certain document drafting standards. Requires each unit of local
government that receives franchise fees paid to a unit from an entity providing video services to
submit to the IURC an annual report on the unit's receipt and use of those franchise fees during
the calendar year for which the report is submitted. Consolidates six categories of pharmacy
licenses into three categories. (This conference committee report does the following: (1)
Deletes the provisions concerning a cost benefit analysis of rules that are in SEA 311-2012.
(2) Deletes the provisions concerning administrative hearing officers and administrative
law judges. (3) Adds that intrastate commerce in Indiana is not subject to the authority of
the United States Congress. Fixes a conflict with SEA 407-2012)
Effective: Upon passage; July 1, 2012.
CONFERENCE COMMITTEE REPORT
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1280 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 1-1-2.5; (12)CC128003.1.1. -->
SECTION 1. IC 1-1-2.5 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 2.5. Regulation of Intrastate Commerce
Sec. 1. This chapter applies to all:
(1) goods grown, manufactured, or made; and
(2) services performed;
in Indiana after July 1, 2012.
Sec. 2. The general assembly declares the following:
(1) The Tenth Amendment to the Constitution of the United
States provides that the only powers that the federal
government may exercise are those that have been delegated
to the federal government in the Constitution of the United
(2) The Ninth Amendment to the Constitution of the United
States guarantees to the people rights not enumerated in the
Constitution and reserves to the people of Indiana those
(3) Under Article I, Section 8, Clause 3 of the Constitution of
the United States, the federal government is empowered to
regulate commerce among the several states.
(4) The power to regulate intrastate commerce is reserved to
the states or the people under the Ninth and Tenth
Amendments to the Constitution of the United States.
(5) During the Constitutional Convention, the founders
considered a plan that would have authorized the federal
government not only to regulate commerce among the several
states, but also to regulate any activity having spillover effects
across state lines. The founders rejected this latter idea.
(A) goods grown, manufactured, or made in Indiana; and
(B) services performed in Indiana;
when the goods or services are sold, maintained, and retained
in Indiana are not subject to the authority of the Congress of
the United States under the constitutional power of Congress
to regulate commerce among the several states.
SOURCE: IC 4-3-22-1.5; (12)CC128003.1.2. -->
SECTION 2. IC 4-3-22-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 1.5. As used in this chapter, "continuous process
improvement" means a management methodology that combines
tools to improve process speed and reduce waste with data driven
project analysis to provide products and services with improved
quality at lower cost.
SOURCE: IC 4-3-22-6; (12)CC128003.1.3. -->
SECTION 3. IC 4-3-22-6, AS ADDED BY P.L.246-2005,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 6. (a) The division of government efficiency and
financial planning is established within the OMB. The director shall
appoint, subject to the approval of the governor, a director of the
division, who serves at the pleasure of the director of OMB.
(b) The division shall do the following:
(1) Conduct operational and procedural audits of state
(2) Perform financial planning and design and implement
(3) Advise and assist:
(A) each instrumentality, agency, authority, board,
commission, and officer in the executive department of
state government; and
(B) each body corporate and politic established as an
instrumentality of the state;
to identify and implement continuous process improvement in
(4) Carry out such other responsibilities as may be designated by
SOURCE: IC 4-21.5-3-1; (12)CC128003.1.4. -->
SECTION 4. IC 4-21.5-3-1, AS AMENDED BY P.L.6-2012,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) This section applies to:
(1) the giving of any notice;
(2) the service of any motion, ruling, order, or other filed item; or
(3) the filing of any document with the ultimate authority;
in an administrative proceeding under this article.
(b) Except as provided in subsection (c) or as otherwise provided by
law, a person shall serve papers by:
(1) United States mail;
(2) personal service;
(3) electronic mail; or
(4) any other method approved by the Indiana Rules of Trial
(c) The following shall be served by United States mail or personal
(1) The initial notice of a determination under section
4, 5, or
(2) A petition for review of an agency action under section 7 of
(3) A complaint under section 8 of this chapter.
(d) The agency shall keep a record of the time, date, and
circumstances of the service under subsection (b) or (c).
(e) Service shall be made on a person or on the person's counsel or
other authorized representative of record in the proceeding. Service on
an artificial person or a person incompetent to receive service shall be
made on a person allowed to receive service under the rules governing
civil actions in the courts. If an ultimate authority consists of more than
one (1) individual, service on that ultimate authority must be made on
the chairperson or secretary of the ultimate authority. A document to
be filed with that ultimate authority must be filed with the chairperson
or secretary of the ultimate authority.
(f) If the current address of a person is not ascertainable, service
shall be mailed to the last known address where the person resides or
has a principal place of business. If the identity, address, or existence
of a person is not ascertainable, or a law other than a rule allows,
service shall be made by a single publication in a newspaper of general
(1) the county in which the person resides, has a principal place
of business, or has property that is the subject of the proceeding;
(2) Marion County, if the place described in subdivision (1) is not
ascertainable or the place described in subdivision (1) is outside
Indiana and the person does not have a resident agent or other
representative of record in Indiana.
(g) A notice given by publication must include a statement advising
a person how the person may receive written notice of the proceedings.
(h) The filing of a document with an ultimate authority is complete
on the earliest of the following dates that apply to the filing:
(1) The date on which the document is delivered to the ultimate
(A) under subsection (b) or (c); and
(B) in compliance with subsection (e).
(2) The date of the postmark on the envelope containing the
document, if the document is mailed to the ultimate authority by
United States mail.
(3) The date on which the document is deposited with a private
carrier, as shown by a receipt issued by the carrier, if the
document is sent to the ultimate authority by private carrier.
SOURCE: IC 4-22-2-19.7; (12)CC128003.1.5. -->
SECTION 5. IC 4-22-2-19.7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 19.7. An agency, to the extent feasible and permitted
by law, shall afford the public a meaningful opportunity to
comment on proposed rules through the agency's Internet web site.
An agency shall consider providing a comment period that exceeds
the minimum required by law.
SOURCE: IC 4-22-2-22.5; (12)CC128003.1.6. -->
SECTION 6. IC 4-22-2-22.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 22.5. (a) This section applies to a rule that an agency
intends to adopt under sections 24 through 36 of this chapter.
(b) Each agency shall maintain a current rulemaking docket
that is indexed.
(c) A current rulemaking docket must list each pending
rulemaking proceeding. The docket must state or contain:
(1) the subject matter of the proposed rule;
(2) notices related to the proposed rule;
(3) how comments may be made;
(4) the time within which comments may be made;
(5) where comments may be inspected;
(6) requests for a public hearing;
(7) appropriate information about a public hearing, if any,
including the names of the persons making the request;
(8) a description of relevant scientific and technical findings
related to the proposed rule; and
(9) the timetable for action.
(d) The agency shall maintain the rulemaking docket on the
agency's Internet web site. The information must be in an open
format that can be easily searched and downloaded. Access to the
docket shall, to the extent feasible and permitted by law, provide
an opportunity for public comment on the pertinent parts of the
rulemaking docket, including relevant scientific and technical
findings. Upon request, the agency shall provide a written
SOURCE: IC 4-22-2-23; (12)CC128003.1.7. -->
SECTION 7. IC 4-22-2-23, AS AMENDED BY P.L.215-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 23. (a) This section does not apply to rules
adopted under IC 4-22-2-37.1.
(b) At least twenty-eight (28) days before an agency notifies the
public of the agency's intention to adopt a rule under section 24 of this
chapter, the agency shall notify the public of its intention to adopt a
rule by publishing a notice of intent to adopt a rule in the Indiana
Register. The publication notice must include an overview of the intent
and scope of the proposed rule and the statutory authority for the rule.
(c) The requirement to publish a notice of intent to adopt a rule
under subsection (b) does not apply to rulemaking under IC 13-14-9.
(d) In addition to the procedures required by this article, an agency
may solicit comments from the public on the need for a rule, the
drafting of a rule, or any other subject related to a rulemaking action,
including members of the public who are likely to be affected
because they are the subject of the potential rulemaking or are
likely to benefit from the potential rulemaking. The procedures that
the agency may use include the holding of conferences and the inviting
of written suggestions, facts, arguments, or views.
(e) The agency shall prepare a written response that contains a
summary of the comments received during any part of the rulemaking
process. The written response is a public document. The agency shall
make the written response available to interested parties upon request.
SOURCE: IC 4-22-10; (12)CC128003.1.8. -->
SECTION 8. IC 4-22-10 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 10. Document Drafting Standards
Sec. 1. As used in this chapter, "agency" has the meaning set
forth in IC 4-22-2-3.
Sec. 2. As used in this chapter, "covered document" means any
(1) is necessary for obtaining any benefit or service
administered or provided by an agency, or for filing taxes
with an agency;
(2) provides information about any state benefit or service; or
(3) explains to the public how to comply with a requirement
an agency administers or enforces.
The term includes (whether in paper or electronic form) a letter,
publication, form, notice, or instruction. The term does not include
a rule subject to the format, numbering system, standards, and
techniques established under IC 4-22-2-42.
Sec. 3. As used in this chapter, "plain writing" means writing
that is clear, concise, and well-organized, and follows other best
practices appropriate to the subject or field and intended audience.
Sec. 4. An agency shall use plain writing in every covered
document that the agency issues or substantially revises.
Sec. 5. An agency must be fully in compliance with this chapter
after September 30, 2013.
SOURCE: IC 8-1-34-24.5; (12)CC128003.1.9. -->
SECTION 9. IC 8-1-34-24.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 24.5. (a) This section applies to any unit
that receives franchise fees paid to the unit under:
(1) a certificate issued by the commission under this chapter;
(2) an unexpired local franchise issued by the unit before July
with respect to a particular calendar year.
(b) For each calendar year, beginning with the calendar year
ending December 31, 2012, each unit to which this section applies
shall submit to the commission, on a form or in the manner
prescribed by the commission, a report that includes the following
information for each certificate or local franchise in effect in the
unit during the calendar year for which the report is submitted:
(1) The amount of franchise fees paid to the unit under the
certificate or local franchise.
(2) The account of the unit into which the franchise fees
identified under subdivision (1) were deposited.
(3) The purposes for which any franchise fees received by the
(A) the calendar year for which the report is submitted; or
(B) a previous calendar year;
were used or spent by the unit during the calendar year for
which the report is submitted.
(4) Any other information or data concerning the receipt and
use of franchise fees that the commission considers
(c) The commission shall prescribe the form of the report and
the process, deadlines, and other requirements for submitting the
report required under this section.
(d) Upon receiving the annual reports required under this
section, the commission shall compile and organize the data and
information contained in the reports. The commission shall include
a summary of the data and information contained in the reports in
the commission's annual report on the communications industry
provided to the regulatory flexibility committee established by
IC 8-1-2.6-4. However, this subsection does not empower the
commission to disclose confidential and proprietary business plans
and other confidential information without adequate protection of
the information. The commission shall exercise all necessary
caution to avoid disclosure of confidential information supplied
under this section.
(e) The commission may adopt rules under IC 4-22-2, including
emergency rules under IC 4-22-2-37.1, to implement this section.
An emergency rule adopted by the commission under
IC 4-22-2-37.1 expires on the date a rule that supersedes the
emergency rule is adopted by the commission under IC 4-22-2-24
through IC 4-22-2-36 and not ninety (90) days after the rule is
accepted for filing as provided in IC 4-22-2-37.1(g). However, any
emergency rules adopted by the commission under this subsection
must take effect by a date that enables a unit subject to this section
to comply with this section with respect to the calendar year ending
December 31, 2012.
SOURCE: IC 25-26-13-17; (12)CC128003.1.10. -->
SECTION 10. IC 25-26-13-17, AS AMENDED BY SEA 407-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 17. (a) The board shall establish classes of
pharmacy permits as follows:
Type Category I. A retail permit for a pharmacy that provides
pharmaceutical care to the general public by the dispensing of a
drug or device.
Type Category II. An institutional permit for hospitals, clinics,
health care facilities, sanitariums, nursing homes, or dispensaries
that offer pharmaceutical care by dispensing a drug product to an
inpatient under a drug order or to an outpatient of the institution
under a prescription.
Type Category III. A permit for a pharmacy that is not:
(A) open to the general public; or
(B) located in an institution listed under a Type II permit;
and provides pharmaceutical care to a patient who is located in an
institution or in the patient's home.
Type IV. A permit for a pharmacy not open to the general public
that provides pharmaceutical care by dispensing drugs and
devices to patients exclusively through the United States Postal
Services or other parcel delivery service.
Type V. A permit for a pharmacy that engages exclusively in the
preparation and dispensing of diagnostic or therapeutic
Type VI. A permit for a pharmacy open to the general public that
provides pharmaceutical care by engaging in an activity under a
Type I or Type III permit. A pharmacy that obtains a Type VI
permit may provide services to:
(A) a home health care patient;
(B) a long term care facility; or
(C) a member of the general public. that provides closed
door, central fill, mail order, or other processing
operations that are not open to the general public but
(A) traditional pharmacy functions; or
(B) nontraditional pharmacy functions, such as infusion,
nuclear pharmacy, or sterile compounding.
(b) The board may approve a remote or mobile location for
Category I, II, or III permits. Pharmacy practice in a mobile or
remote location may include, but is not limited to, telepharmacy,
automated dispensing, or delivery of cognitive services.
(b) (c) A hospital or hospital system holding a Type Category II
permit may offer drugs or devices:
(A) an employee, student, or volunteer of the hospital or
(B) a retiree who is participating in a retirement, pension, or
benefit program administered by the hospital or hospital
(C) an independent contractor who has an exclusive
relationship with the hospital or hospital system;
(D) a member of the hospital's or hospital system's governing
(E) a member of the hospital's or hospital system's medical
(2) to dependents of the individuals listed in subdivision (1);
for their own use.
(c) Nothing in this section prohibits a pharmacy holding a permit
other than a Type IV permit from delivering drugs or devices through
mail, parcel delivery, or hand delivery.
(d) Hospitals holding a
Type Category II permit may operate
remote locations within a reasonable distance of the licensed area, as
determined by the board, after:
(1) filing an application on a form prepared by the board;
(2) having each location inspected by the board; and
(3) obtaining approval from the board.
(e) Any applicable rule governing the practice of pharmacy in
Indiana shall apply to all permits under this section.
(f) After June 30, 2012, a person with:
(1) a Type I permit shall be treated as holding a Category I
(2) a Type II permit shall be treated as holding a Category II
(3) a Type III, IV, V, or VI permit shall be treated as holding
a Category III permit.
The change in the name of the permit does not change the
expiration date of the permit.
(g) After June 30, 2012, a reference in any rule or other
(1) a Type I permit shall be treated as a reference to a
Category I permit;
(2) a Type II permit shall be treated as a reference to a
Category II permit; or
(3) a Type III, IV, V, or VI permit shall be treated as a
reference to a Category III permit.
SOURCE: IC 25-26-13-19; (12)CC128003.1.11. -->
SECTION 11. IC 25-26-13-19 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 19. (a) A pharmacy
Type Category I or Type VI Category III permit may be
open to the general public without a pharmacist on duty if the following
conditions are met:
(1) Approval is obtained from the board.
(2) All legend drugs and other merchandise that can only be
dispensed by a pharmacist are securely locked or secured by an
alternative system approved by the board when the pharmacist is
(3) During the pharmacist's absence, a sign at least twenty (20)
inches by thirty (30) inches is prominently displayed in the
prescription department stating: "Prescription Department Closed,
No Pharmacist on Duty".
(4) Only a pharmacist has access to the secured area.
(b) The board may revoke or limit a pharmacy's privilege under this
section after a hearing under IC 4-21.5-3.
SOURCE: IC 25-26-13-20; (12)CC128003.1.12. -->
SECTION 12. IC 25-26-13-20, AS AMENDED BY P.L.98-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 20. (a) A person desiring to open, establish,
operate, or maintain a pharmacy shall apply to the board for a
pharmacy permit on a form provided by the board. The applicant shall
(1) the name and occupation of the persons desiring the permit;
(2) the location, including street address and city, of the
(3) the name of the pharmacist who will qualify the pharmacy by
being responsible to the board for the legal operation of the
pharmacy under the permit; and
(4) such other information as the board may require.
(b) If the applicant desires to open, establish, operate, or maintain
more than one (1) pharmacy,
he the applicant must file a separate
application for each. Each pharmacy must be qualified by a different
(c) The board shall permit a pharmacist to serve as a qualifying
pharmacist for more than one (1) pharmacy holding a
II pharmacy permit upon the holder of the Type Category II permit
showing circumstances establishing that:
(1) the permit holder has made a reasonable effort, without
success, to obtain a qualifying pharmacist who is not serving as
a qualifying pharmacist at another
Type Category II pharmacy;
(2) the single pharmacist could effectively fulfill all duties and
responsibilities of the qualifying pharmacist at both locations.
(d) The board shall grant or deny an application for a permit not
later than one hundred twenty (120) days after the application and any
additional information required by the board are submitted.
(e) The board may not issue a pharmacy permit to a person who
desires to operate the pharmacy out of a residence.
SOURCE: IC 25-26-13-25; (12)CC128003.1.13. -->
SECTION 13. IC 25-26-13-25, AS AMENDED BY P.L.174-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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
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
(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
(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
(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
(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
(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
(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
(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 an individual:
(A) residing in an institutional facility (as defined in 856
(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
II permit (as
described in section 17 of this chapter).
(k) A pharmacist or a pharmacy shall not resell, reuse, or
redistribute medical devices or medical supplies used for prescription
drug therapy that have been returned to the pharmacy after being
dispensed unless the medical devices or medical supplies:
(1) were dispensed to an individual in a county jail or department
of correction facility;
(2) are not expired; and
(3) are returned unopened and in the original sealed packaging.
(l) A pharmacist may use the pharmacist's professional judgment as
to whether to accept medication for return under this section.
(m) A pharmacist who violates subsection (d) commits a Class A
SOURCE: IC 35-48-7-8.1; (12)CC128003.1.14. -->
SECTION 14. IC 35-48-7-8.1, AS AMENDED BY P.L.42-2011,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 8.1. (a) The board shall provide for a controlled
substance prescription monitoring program that includes the following
(1) Each time a controlled substance designated by the board
under IC 35-48-2-5 through IC 35-48-2-10 is dispensed, the
dispenser shall transmit to the INSPECT program the following
(A) The controlled substance recipient's name.
(B) The controlled substance recipient's or the recipient
representative's identification number or the identification
number or phrase designated by the INSPECT program.
(C) The controlled substance recipient's date of birth.
(D) The national drug code number of the controlled substance
(E) The date the controlled substance is dispensed.
(F) The quantity of the controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
(I) The prescriber's United States Drug Enforcement Agency
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under this section
must be transmitted not more than seven (7) days after the date on
which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under this
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the board.
(4) The board may require that prescriptions for controlled
substances be written on a one (1) part form that cannot be
duplicated. However, the board may not apply such a requirement
to prescriptions filled at a pharmacy with a
Type Category II
permit (as described in IC 25-26-13-17) and operated by a
hospital licensed under IC 16-21, or prescriptions ordered for and
dispensed to bona fide enrolled patients in facilities licensed
under IC 16-28. The board may not require multiple copy
prescription forms for any prescriptions written. The board may
not require different prescription forms for any individual drug or
group of drugs. Prescription forms required under this subdivision
must be approved by the Indiana board of pharmacy established
by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A pharmacist,
pharmacy technician, or person authorized by a pharmacist to dispense
a controlled substance may not dispense a controlled substance to a
person who is not personally known to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance unless the person taking possession of the
controlled substance provides documented proof of the person's
identification to the pharmacist, pharmacy technician, or person
authorized by a pharmacist to dispense a controlled substance.
SOURCE: ; (12)CC128003.1.15. -->
SECTION 15. An emergency is declared for this act.
(Reference is to EHB 1280 as reprinted February 28, 2012.)
Conference Committee Report
Engrossed House Bill 1280
Representative Koch Senator Hershman
Representative Torr Senator Steele
House Conferees Senate Conferees