Sec. 16. (a) A pharmacist shall exercise the pharmacist’s professional judgment in the best interest of the patient’s health when engaging in the practice of pharmacy.

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Terms Used In Indiana Code 25-26-13-16

  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Pharmacist: means a person licensed under this chapter. See Indiana Code 25-26-13-2
  • Pharmacy: means any facility, department, or other place where prescriptions are filled or compounded and are sold, dispensed, offered, or displayed for sale and which has as its principal purpose the dispensing of drug and health supplies intended for the general health, welfare, and safety of the public, without placing any other activity on a more important level than the practice of pharmacy. See Indiana Code 25-26-13-2
  • Practitioner: has the meaning set forth in IC 16-42-19-5. See Indiana Code 25-26-13-2
  • Prescription: means a written order or an order transmitted by other means of communication from a practitioner to or for an ultimate user for any drug or device containing:

    Indiana Code 25-26-13-2

     (b) A pharmacist has a duty to honor all prescriptions from a practitioner or from a physician, podiatrist, dentist, advanced practice registered nurse, physician assistant, 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 the pharmacist, in good faith, refuses to honor a prescription because, in 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.

As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.156-1986, SEC.3; P.L.28-2020, SEC.1; P.L.114-2020, SEC.10.