Indiana Code 25-26-13-29. Unlawful acts; violations; application of chapter
(1) For any person to display or permit to be displayed, a pharmacy permit in any facility or place of business other than that for which it was issued.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 25-26-13-29
- Board: means the Indiana board of pharmacy. See Indiana Code 25-26-13-2
- Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article including any component part or accessory, which is:
Indiana Code 25-26-13-2
- Drug: means :
Indiana Code 25-26-13-2
- Person: means any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, or municipality, or a legal representative or agent, unless this chapter expressly provides otherwise. 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
(3) For any person to operate a pharmacy or to take, assume, exhibit, display, or advertise by any medium, the title “drugs”, “prescriptions”, “medicine”, “drug store”, “pharmacy”, or “apothecary shop”, or any combination of such titles or any other title, symbol, term, or description of like import intended to cause the public to believe that it is a pharmacy unless the person holds a valid pharmacy permit.
(4) For any person to engage or offer to engage in the practice of pharmacy or to hold himself or herself out as a pharmacist without a valid pharmacist’s license that is classified as active by the board.
(b) A person who violates a provision of subsection (a) commits a Level 6 felony.
(c) Nothing in this chapter shall apply to, nor in any manner interfere with the business of a general merchant in selling and distributing nonnarcotic, nonprescription medicines or drugs which are prepackaged, fully prepared by the manufacturer for use by the consumer, and labeled in accordance with the requirements of the state and federal food and drug acts.
(d) This chapter does not apply to, or in any manner interfere with, the business of a manufacturer in selling and delivering a dialysate drug or a device that is necessary for home peritoneal renal dialysis for a patient who has end stage renal disease if all of the following apply:
(1) The dialysate drug or device is approved by the federal Food and Drug Administration under federal law.
(2) The dialysate drug or device is held by the manufacturer, a third party logistics provider, or a wholesale drug distributor in accordance with the requirements of IC 25-26-14.
(3) The dialysate drug or device is delivered in the manufacturer’s original, sealed packaging.
(4) The dialysate drug or device is delivered only upon:
(A) receipt of a physician’s prescription by a pharmacy that holds a pharmacy permit under this chapter; and
(B) the transmittal of an order from the pharmacy described in clause (A) to the manufacturer, third party logistics provider, or wholesale drug distributor.
(5) The manufacturer, third party logistics provider, or wholesale drug distributor delivers the dialysate drug or device directly to:
(A) the patient or the patient’s designee for self-administration of the dialysis therapy; or
(B) a health care provider for administration of the dialysis therapy to the patient.
As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.158-2013, SEC.285; P.L.209-2018, SEC.10.