SENATE BILL No. 20
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-26-13.
Synopsis: Dispensing drugs by pharmacies. Imposes a duty on a
pharmacy to fill a contraceptive prescription drug or device in stock in
a timely manner. Requires a pharmacy to take specified steps if the
pharmacy does not have: (1) a contraceptive prescription drug or
device; or (2) an over-the-counter contraceptive; in stock. Requires a
pharmacy to ensure that the pharmacy's customers are not intimidated,
threatened, or harassed in the delivery of services. Allows a person to
file a complaint with the board of pharmacy or commence a civil action
for a violation by a pharmacy. Requires the board of pharmacy to
investigate a complaint and determine whether a violation has
occurred. Allows the attorney general to file a civil action for a
violation by a pharmacy, and sets forth the maximum civil penalties
that may be awarded by the court.
Effective: July 1, 2009.
January 7, 2009, read first time and referred to Committee on Health and Provider
First Regular Session 116th General Assembly (2009)
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
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
this style type
between statutes enacted by the 2008 Regular Session of the General Assembly.
SENATE BILL No. 20
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-26-13-16; (09)IN0020.1.1. -->
SECTION 1. IC 25-26-13-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 16. (a) A pharmacist
his the pharmacist's professional judgment in the best
interest of the patient's health when engaging in the practice of
(b) A pharmacist has a duty to honor all prescriptions from a
practitioner or from a physician, podiatrist, dentist, or veterinarian
licensed under the laws of another state. Before honoring a
prescription, the pharmacist shall take reasonable steps to determine
whether the prescription has been issued in compliance with the laws
of the state where it originated. The pharmacist is immune from
criminal prosecution or civil liability if
he, the pharmacist, in good
faith, refuses to honor a prescription because, in his the pharmacist's
professional judgment, the honoring of the prescription would:
(1) be contrary to law;
(2) be against the best interest of the patient;
(3) aid or abet an addiction or habit; or
(4) be contrary to the health and safety of the patient.
(c) A pharmacy has a duty to dispense any prescribed
contraceptive drug or device that a pharmacy has in stock in a
timely manner and consistent with the pharmacy's normal time
frame for filling a prescription. However, a pharmacy is immune
from criminal prosecution or civil liability if the pharmacy, in good
faith, refuses to honor a contraceptive prescription because the
honoring of the prescription would result in a situation described
in subsection (b)(1) through (b)(4).
(d) If a pharmacy does not have a prescribed contraceptive drug
or device in stock, the pharmacy shall offer to do the following for
(1) Obtain the drug or device under the pharmacy's standard
procedures for expedited ordering of a prescription drug or
device that the pharmacy does not have in stock, and notify
the customer when the pharmacy obtains the prescription
drug or device.
(2) Locate the closest pharmacy or a pharmacy of the
customer's choice that has the drug or device in stock,
transfer the customer's prescription to that pharmacy under
the pharmacy's standard procedures for transferring a
prescription, and refer the customer to the pharmacy that has
the drug or device in stock.
The pharmacy shall return the prescription order to the customer
upon the customer's request at any time before dispensing the drug
or device. The pharmacy shall perform the customer's choice of
action under subdivision (1) or (2) in a timely fashion.
SOURCE: IC 25-26-13-18; (09)IN0020.1.2. -->
SECTION 2. IC 25-26-13-18 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 18. (a) To be eligible
for issuance of a pharmacy permit, an applicant must show to the
satisfaction of the board that:
(1) Persons at the location will engage in the bona fide practice of
pharmacy, and the pharmacy will not intimidate, threaten, or
harass the pharmacy's customers in the delivery of services.
The application must show the number of hours each week, if any,
that the pharmacy will be open to the general public.
(2) The pharmacy will maintain a sufficient stock of emergency
and frequently prescribed drugs and devices as to adequately
serve and protect the public health.
(3) Except as provided in section 19 of this chapter, a registered
pharmacist will be in personal attendance and on duty in the
licensed premises at all times when the practice of pharmacy is
being conducted and that the pharmacist will be responsible for
the lawful conduct of the pharmacy.
(4) One (1) pharmacist will have not more than four (4) certified
pharmacy technicians or pharmacy technicians in training
certified under IC 25-26-19 under the pharmacist's immediate and
personal supervision at any time. As used in this
subdivision, "immediate and personal supervision" means within
reasonable visual and vocal distance of the pharmacist.
(5) The pharmacy will be located separate and apart from any area
containing merchandise not offered for sale under the pharmacy
permit. The pharmacy will:
(A) be stationary;
(B) be sufficiently secure, either through electronic or physical
means, or a combination of both, to protect the products
contained in the pharmacy and to detect and deter entry during
those times when the pharmacy is closed;
(C) be well lighted and ventilated with clean and sanitary
(D) be equipped with a sink with hot and cold running water
or some means for heating water, a proper sewage outlet, and
(E) have a prescription filling area of sufficient size to permit
the practice of pharmacy as practiced at that particular
(F) have such additional fixtures, facilities, and equipment as
the board requires to enable it to operate properly as a
pharmacy in compliance with federal and state laws and
regulations governing pharmacies.
A pharmacy licensed under IC 25-26-10 (before its repeal on July 1,
1977) on June 30, 1977, must comply with the provisions of this clause
before December 31, 1982, unless for good cause shown the board
grants a waiver or otherwise exempts it.
(b) Prior to opening a pharmacy after receipt of a pharmacy permit,
the permit holder shall submit the premises to a qualifying inspection
by a representative of the board and shall present a physical inventory
of the drug and all other items in the inventory on the premises.
(c) At all times, the wholesale value of the drug inventory on the
licensed items must be at least ten percent (10%) of the wholesale
value of the items in the licensed area.
(d) A pharmacy shall ensure that the pharmacy does not
intimidate, threaten, or harass the pharmacy's customers in the
delivery of services.
SOURCE: IC 25-26-13-24.5; (09)IN0020.1.3. -->
SECTION 3. IC 25-26-13-24.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 24.5. (a) As used in this section,
"contraceptive" means a drug or device that has been approved by
the federal Food and Drug Administration to prevent pregnancy.
(b) Except as provided in subsection (c), if a customer requests
an over-the-counter contraceptive that a pharmacy does not have
in stock, the pharmacy shall offer to do the following for the
(1) Obtain the contraceptive under the pharmacy's standard
procedures for expedited ordering of an over-the-counter
drug or device that the pharmacy does not have in stock, and
notify the customer when the pharmacy obtains the
(2) Locate the closest pharmacy, or a pharmacy of the
customer's choice, that has the contraceptive in stock and
refer the customer to the pharmacy.
(c) A pharmacy is not required to special order a specific brand
of over-the-counter contraceptive for a customer unless the
customer had an adverse drug reaction to the brand the pharmacy
has in stock.
SOURCE: IC 25-26-13-28.5; (09)IN0020.1.4. -->
SECTION 4. IC 25-26-13-28.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 28.5. (a) A person who believes
that a violation of section 16(c), 16(d), or 24.5 of this chapter has
occurred may do the following:
(1) File a complaint with the board.
(2) Commence a civil action seeking damages, court costs, and
reasonable attorney's fees and expert witnesses fees. If a court
finds that a violation of these sections occurred, the plaintiff
may choose to collect statutory damages of five thousand
dollars ($5,000) per violation instead of actual compensatory
(b) The board shall investigate a complaint filed under
subsection (a) and determine, not later than thirty (30) business
days after the date the complaint is filed with the board, whether
a violation has occurred. Upon a hearing under IC 4-21.5-3, the
board may do the following if the board determines that a violation
(1) Impose a fine of at least twenty-five dollars ($25).
(2) Limit a pharmacy's permit issued under this chapter.
(3) Revoke a pharmacy's permit issued under this chapter.
(c) If the attorney general has reasonable cause to believe that
a person has been injured by a violation of section 16(c), 16(d), or
24.5 of this chapter, the attorney general may commence a civil
action in the name of the state, as parens patriae on behalf of
persons residing in Indiana. A court may award appropriate relief,
including compensatory damages and civil penalties in the
(1) Not more than five thousand dollars ($5,000) for a first
(2) Not more than ten thousand dollars ($10,000) for a second
or subsequent violation.
SOURCE: ; (09)IN0020.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2009] This act applies only to
violations committed after June 30, 2009.