Sec. 19. (a) A pharmacy holding a Category I or Category III permit that is not operating as a remote dispensing facility (as defined in IC 25-26-13.5-3) 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.

Terms Used In Indiana Code 25-26-13-19

  • Board: means the Indiana board of pharmacy. See Indiana Code 25-26-13-2
  • Dispensing: means issuing one (1) or more doses of a drug in a suitable container with appropriate labeling for subsequent administration to or use by a patient. See Indiana Code 25-26-13-2
  • 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
  • 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

(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 absent.

(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.

As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.7-1987, SEC.125; P.L.147-1991, SEC.5; P.L.288-2001, SEC.3; P.L.152-2012, SEC.11; P.L.202-2017, SEC.7.