Sec. 16.6. (a) A wholesale drug distributor that:

(1) is licensed under this chapter;

Terms Used In Indiana Code 25-26-14-16.6

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • board: refers to the Indiana board of pharmacy established under IC 25-26-13-3. See Indiana Code 25-26-14-4
  • Service of process: The service of writs or summonses to the appropriate party.
  • wholesale distribution: means to distribute legend drugs to persons other than a consumer or patient. See Indiana Code 25-26-14-11
  • wholesale drug distributor: means a person engaged in wholesale distribution of legend drugs, including:

    Indiana Code 25-26-14-12

(2) is located outside Indiana; and

(3) distributes legend drugs in Indiana;

shall designate an agent in Indiana for service of process.

     (b) A wholesale drug distributor that does not designate an agent under subsection (a) is considered to have designated the secretary of state to be the wholesale drug distributor’s true and lawful attorney, upon whom legal process may be served in an action or a proceeding against the wholesale drug distributor arising from the wholesale drug distributor’s wholesale distribution operations.

     (c) The board shall mail a copy of any service of process to a wholesale drug distributor by certified mail, return receipt requested, postage prepaid, at the address designated by the wholesale drug distributor on the application for licensure submitted under this chapter.

     (d) Service of process on the secretary of state is sufficient in an action or a proceeding against a wholesale drug distributor that is not licensed under this chapter.

As added by P.L.212-2005, SEC.52.