Indiana Code 25-26-24-17. Program components; recommendations; retail pharmacy
(1) Each time ephedrine, pseudoephedrine, or a controlled substance designated by the board under IC 35-48-2-5 through IC 35-48-2-10 is dispensed, the dispenser shall transmit to the INSPECT program the following information:
Terms Used In Indiana Code 25-26-24-17
- board: refers to the Indiana board of pharmacy. See Indiana Code 25-26-24-1
- committee: refers to the INSPECT oversight committee established by section 24 of this chapter. See Indiana Code 25-26-24-2
- Contract: A legal written agreement that becomes binding when signed.
- controlled substance: has the meaning set forth in IC 35-48-1-9. See Indiana Code 25-26-24-2.5
- dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner and includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Indiana Code 25-26-24-3
- ephedrine: includes only ephedrine that is dispensed pursuant to a prescription or drug order. See Indiana Code 25-26-24-4
- identification number: refers to the following:
Indiana Code 25-26-24-6
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- INSPECT: means the Indiana scheduled prescription electronic collection and tracking program established by IC 25-1-13-4. See Indiana Code 25-26-24-7
- patient: means an individual who has requested or received health care services from a provider for the examination, treatment, diagnosis, or prevention of a physical or mental condition. See Indiana Code 25-26-24-10
- practitioner: means a physician, dentist, veterinarian, podiatrist, nurse practitioner, scientific investigator, pharmacist, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the United States. See Indiana Code 25-26-24-11
- prescription: means an order for medication that is dispensed to or for a recipient. See Indiana Code 25-26-24-12
- pseudoephedrine: includes only pseudoephedrine that is dispensed pursuant to a prescription or drug order. See Indiana Code 25-26-24-13
- recipient: means an individual for whom a controlled substance is dispensed. See Indiana Code 25-26-24-14
- recipient representative: means the individual to whom a controlled substance is dispensed if the recipient is either less than eighteen (18) years of age or unavailable to receive the controlled substance. See Indiana Code 25-26-24-15
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(B) The ephedrine, pseudoephedrine, or controlled substance recipient’s or the recipient representative‘s identification number or the identification number or phrase designated by the INSPECT program.
(C) The ephedrine, pseudoephedrine, or controlled substance recipient’s date of birth.
(D) The national drug code number of the ephedrine, pseudoephedrine, or controlled substance dispensed.
(E) The date the ephedrine, pseudoephedrine, or controlled substance is dispensed.
(F) The quantity of the ephedrine, pseudoephedrine, or controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser’s United States Drug Enforcement Agency registration number.
(I) The prescriber’s United States Drug Enforcement Agency registration number.
(J) An indication as to whether the prescription was transmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under this section must be transmitted not more than twenty-four (24) hours after the date on which ephedrine, pseudoephedrine, or a controlled substance is dispensed. However, if the dispenser’s pharmacy is closed the day following the dispensing, the information must be transmitted by the end of the next business day. A dispenser who is also authorized to prescribe is required only to report actual dispensations within twenty-four (24) hours of the dispensation.
(3) A dispenser shall transmit the information required under this section by:
(A) uploading to the INSPECT Internet web site; or
(B) another electronic method that meets specifications prescribed by the board.
(4) The board may require that prescriptions for ephedrine, pseudoephedrine, or controlled substances be written on a one (1) part form that cannot be duplicated. However, the board may not apply such a requirement to prescriptions filled at a pharmacy with a Category II permit (as described in IC 25-26-13-17) and operated by a hospital licensed under IC 16-21, or prescriptions ordered for and dispensed to bona fide enrolled patients in facilities licensed under IC 16-28. The board may not require multiple copy prescription forms for any prescriptions written. The board may not require different prescription forms for any individual drug or group of drugs. Prescription forms required under this subdivision must be approved by the Indiana board of pharmacy created by IC 25-26-13-3.
(5) The costs of the program.
(6) As part of the information to be completed in the data base and, if available, an entry where a dispenser indicates that a patient is participating in a pain management contract with a designated practitioner.
(b) The board shall consider the recommendations of the committee concerning the INSPECT program.
(c) This subsection applies only to a retail pharmacy. A pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense ephedrine, pseudoephedrine, or a controlled substance may not dispense ephedrine, pseudoephedrine, or a controlled substance to a person who is not personally known to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance unless the person taking possession of the ephedrine, pseudoephedrine, or controlled substance provides documented proof of the person’s identification to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense ephedrine, pseudoephedrine, or a controlled substance.
As added by P.L.51-2019, SEC.8. Amended by P.L.17-2021, SEC.1.