Terms Used In Indiana Code > Title 4 > Article 31 > Chapter 2.1 - Definitions

• Administering: means the direct application of a drug to the body of a person by injection, inhalation, ingestion, or any other means. See Indiana Code 25-26-13-2
• adulterated: refers to a legend drug that:

  Indiana Code 25-26-14-1.5

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Apprentice plumber: means an individual who:

  Indiana Code 25-28.5-1-2

• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• attending physician: means a physician licensed under Indiana Code 25-26-16.5-2
• 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
• audit: means an audit of a pharmacy:

  Indiana Code 25-26-22-2

• authenticate: means to affirmatively verify before distribution occurs that each transaction that is listed on:

  Indiana Code 25-26-14-1.7

• authorized distributor: means a wholesale drug distributor with which a manufacturer has established an ongoing relationship to distribute the manufacturer's products. See Indiana Code 25-26-14-1.8
• automated dispensing system: means a mechanical or electronic system that performs operations or activities, other than compounding or administration, relating to pharmacy services, including the storage, dispensing, or distribution of drugs and the collection, control, and maintenance of all transaction information, to provide security and accountability for the drugs. See Indiana Code 25-26-13.5-1.5
• blood: means whole blood collected from a single donor and processed either for transfusion or further manufacturing. See Indiana Code 25-26-14-2
• Board: means the Indiana board of pharmacy. See Indiana Code 25-26-13-2
• board: refers to the Indiana board of pharmacy established under IC 25-26-13-3. See Indiana Code 25-26-14-4
• board: refers to the Indiana board of pharmacy established by IC 25-26-13-3. See Indiana Code 25-26-19-1
• board: refers to the Indiana board of pharmacy established by IC 25-26-13-3. See Indiana Code 25-26-21-1
• board: refers to the Indiana board of pharmacy. See Indiana Code 25-26-24-1
• board: means the Indiana board of pharmacy (IC 25-26-13-3). See Indiana Code 25-26-26-2
• chain drug warehouse: means a permanent physical location for drugs or devices, or both, that:

  Indiana Code 25-26-14-3.7

• Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
• co-licensed products: means pharmaceutical products:

  Indiana Code 25-26-14-4.1

• Commission: means the Indiana plumbing commission created by this chapter. See Indiana Code 25-28.5-1-2
• committee: refers to the INSPECT oversight committee established by section 24 of this chapter. See Indiana Code 25-26-24-2
• compendium: refers to :

  Indiana Code 25-26-14-4.2

• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• contraband: refers to a legend drug:

  Indiana Code 25-26-14-4.3

• Contract: A legal written agreement that becomes binding when signed.
• Contracting: means , except as exempted in this chapter, engaging in a business as a contractor. See Indiana Code 25-28.5-1-2
• controlled substance: has the meaning set forth in IC 35-48-1-9. See Indiana Code 25-26-24-2.5
• Conviction: A judgement of guilt against a criminal defendant.
• Coronavirus disease: means the disease caused by the severe acute respiratory syndrome coronavirus 2 virus (SARS-CoV-2). See Indiana Code 25-26-13-2
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counseling: means effective communication between a pharmacist and a patient concerning the contents, drug to drug interactions, route, dosage, form, directions for use, precautions, and effective use of a drug or device to improve the therapeutic outcome of the patient through the effective use of the drug or device. See Indiana Code 25-26-13-2
• counterfeit: refers to a legend drug, or the container, seal, or labeling of a legend drug, that, without authorization, bears the trademark, trade name, or other identifying mark or imprint of a manufacturer, processor, packer, or distributor other than the person that manufactured, processed, packed, or distributed the legend drug. See Indiana Code 25-26-14-4.4
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• deliver: means the actual, constructive, or attempted transfer of a legend drug from one (1) person to another. See Indiana Code 25-26-14-4.5
• Dependent: A person dependent for support upon another.
• designated representative: means an individual who:

  Indiana Code 25-26-14-4.6

• 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

• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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
• distribute: means to sell, offer to sell, deliver, offer to deliver, broker, give away, or transfer a legend drug, whether by passage of title or physical movement, or both. See Indiana Code 25-26-14-4.7
• Donor: The person who makes a gift.
• Drug: means :

  Indiana Code 25-26-13-2

• Drug order: means a written order in a hospital or other health care institution for an ultimate user for any drug or device, issued and signed by a practitioner, or an order transmitted by other means of communication from a practitioner, which is immediately reduced to writing by the pharmacist, registered nurse, or other licensed health care practitioner authorized by the hospital or institution. See Indiana Code 25-26-13-2
• Drug regimen review: means the retrospective, concurrent, and prospective review by a pharmacist of a patient's drug related history that includes the following areas:

  Indiana Code 25-26-13-2

• drug sample: means a unit of a legend drug that is not intended to be sold and is intended to promote the sale of the drug. See Indiana Code 25-26-14-5
• Drug utilization review: means a program designed to measure and assess on a retrospective and prospective basis the proper use of drugs. See Indiana Code 25-26-13-2
• Electronic data intermediary: means an entity that provides the infrastructure that connects a computer system or another electronic device used by a prescribing practitioner with a computer system or another electronic device used by a pharmacy to facilitate the secure transmission of:

  Indiana Code 25-26-13-2

• Electronic signature: means an electronic sound, symbol, or process:

  Indiana Code 25-26-13-2

• electronic transmission: means the transmission of a prescription in electronic form. See Indiana Code 25-26-13-2
• eligible entity: means any of the following:

  Indiana Code 25-26-26-3

• eligible recipient: means an individual who:

  Indiana Code 25-26-26-4

• ephedrine: includes only ephedrine that is dispensed pursuant to a prescription or drug order. See Indiana Code 25-26-24-4
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• exception report: means a record of data concerning:

  Indiana Code 25-26-24-5

• Farmstead: means a farm dwelling together with other buildings, structures, equipment, piping, and other plumbing materials and supplies, located upon a parcel of real estate used primarily for agricultural purposes located outside the corporate limits of a municipality and not connected to a public water supply. See Indiana Code 25-28.5-1-2
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• health care entity: means any organization or business that provides diagnostic, medical, surgical, dental treatment, or rehabilitative care. See Indiana Code 25-26-14-6
• home medical equipment: means equipment that:

  Indiana Code 25-26-21-2

• home medical equipment services: means the:

  Indiana Code 25-26-21-3

• hormonal contraceptive patch: means a transdermal patch applied to the skin of a woman, by the woman or by a pharmacist, that releases a drug composed of a combination of hormones that is approved by the federal Food and Drug Administration to prevent pregnancy. See Indiana Code 25-26-25-2
• 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
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• interoperability: refers to the INSPECT program electronically sharing reported information with another state concerning the dispensing of a controlled substance:

  Indiana Code 25-26-24-8

• Journeyman plumber: means a person who engages or offers to engage in, as an occupation or trade, the construction, installation, alteration, maintenance, repair, remodeling, or removal and replacement of plumbing under the supervision, direction, and responsibility of a licensed plumbing contractor. See Indiana Code 25-28.5-1-2
• 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
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• label: means a display of written, printed, or graphic matter on the immediate container of a legend drug. See Indiana Code 25-26-14-6.5
• labeling: means labels and other written, printed, or graphic matter:

  Indiana Code 25-26-14-6.6

• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• legend drug: has the meaning set forth in IC 16-18-2-199. See Indiana Code 25-26-14-7
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a certificate issued by the commission established by this chapter which confers upon the holder the privilege to act as a plumbing contractor or a journeyman plumber as defined in this chapter. See Indiana Code 25-28.5-1-2
• Licensing agency: means the Indiana professional licensing agency established under IC 25-1-5-3. See Indiana Code 25-28.5-1-2
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• mail order or Internet based pharmacy: means a pharmacy that is located in Indiana or is a nonresident pharmacy (as defined in IC 25-26-17-2) that dispenses prescription drugs:

  Indiana Code 25-26-18-1

• manufacturer: means a person who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a legend drug. See Indiana Code 25-26-14-8
• medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
• Medication therapy management: means a distinct service or group of services that optimize therapeutic outcomes for individuals that are independent of, but may occur in conjunction with, the provision of a medication or medical device. See Indiana Code 25-26-13-2
• misbranded: means that a legend drug's label:

  Indiana Code 25-26-14-8.3

• Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• nonprofit health clinic: means any of the following:

  Indiana Code 25-26-20-2

• normal distribution chain of custody: means the route that a legend drug travels:

  Indiana Code 25-26-14-8.5

• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• pain management clinic: means a publicly or privately owned facility that primarily engages in the treatment of pain or pain management through prescribing controlled substances. See Indiana Code 25-26-24-9
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• patient care: means patient care activities provided by a pharmacist, regardless of whether drugs or devices are dispensed, that are intended to achieve outcomes related to the cure or prevention of a disease, elimination or reduction of a patient's symptoms, or arresting or slowing of a disease process. See Indiana Code 25-26-13.5-2
• pedigree: means a statement or record in a written or an electronic form that is approved by the board, that:

  Indiana Code 25-26-14-8.7

• Person: means a natural person, except in the case of a plumbing contractor, in which case it may mean the partners or members of a partnership, limited partnership, or any form of unincorporated enterprise, owned by two (2) or more persons, and as applied to "corporation" in addition to the corporate entity means the officers or directors and employees thereof. See Indiana Code 25-28.5-1-2
• 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
• person: means an individual, a partnership, a business firm, a limited liability company, a corporation, or another entity, including a governmental entity. See Indiana Code 25-26-14-9
• Pharmacist: means a person licensed under this chapter. See Indiana Code 25-26-13-2
• Pharmacist intern: means a person who is:

  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
• pharmacy: has the meaning set forth in IC 25-26-13-2. See Indiana Code 25-26-26-5
• pharmacy technician: means an individual who:

  Indiana Code 25-26-19-2

• pharmacy technician in training: means a person who is enrolled in a training program for pharmacy technicians prescribed by the board. See Indiana Code 25-26-19-3
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plumbing: means the practice of and the materials and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following:

  Indiana Code 25-28.5-1-2

• Plumbing contractor: means any person who, for compensation, undertakes to, or submits a bid to, or does himself or herself or by others, construct, repair, alter, remodel, add to, subtract from, or improve plumbing and who is responsible for substantially all the plumbing within the entire project, or one who fabricates units or plumbing substantially completed and ready for installation. See Indiana Code 25-28.5-1-2
• Practitioner: has the meaning set forth in IC 16-42-19-5. See Indiana Code 25-26-13-2
• practitioner: has the meaning set forth in IC 16-42-19-5. See Indiana Code 25-26-14-9.2
• 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
• practitioner: means any of the following:

  Indiana Code 25-26-26-6

• 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

• prescription: means an order for medication that is dispensed to or for a recipient. See Indiana Code 25-26-24-12
• prescription drug: means a drug, as defined in IC 25-26-13-2, that requires a prescription before being dispensed or administered to a patient. See Indiana Code 25-26-26-7
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• program: refers to the prescription drug donation repository program established by section 10 of this chapter. See Indiana Code 25-26-26-8
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• protocol: means the policies, procedures, and protocols of a:

  Indiana Code 25-26-16-1

• protocol: means a policy, procedure, or protocol of a health facility concerning:

  Indiana Code 25-26-16.5-3

• provider: means a person engaged in the business of providing home medical equipment services to an unrelated individual in the individual's residence. See Indiana Code 25-26-21-4
• pseudoephedrine: includes only pseudoephedrine that is dispensed pursuant to a prescription or drug order. See Indiana Code 25-26-24-13
• Quorum: The number of legislators that must be present to do business.
• 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
• Record: means all papers, letters, memoranda, notes, prescriptions, drug orders, invoices, statements, patient medication charts or files, computerized records, or other written indicia, documents, or objects which are used in any way in connection with the purchase, sale, or handling of any drug or device. See Indiana Code 25-26-13-2
• Registration: means the granting of a certificate by the commission that authorizes an individual to act as an apprentice plumber. See Indiana Code 25-28.5-1-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• remote dispensing facility: means a facility where prescription drugs are prepared or dispensed without the requirement of the use of an onsite pharmacist and where pharmacist supervision may be provided remotely. See Indiana Code 25-26-13.5-3
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sale: means every sale and includes:

  Indiana Code 25-26-13-2

• sale: includes purchase, trade, or offer to sell, purchase, or trade. See Indiana Code 25-26-14-10
• self-administered hormonal contraceptive: means a drug:

  Indiana Code 25-26-25-3

• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• state: means any state of the United States or the District of Columbia. See Indiana Code 25-26-24-16
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• supplies: means the supplies necessary to administer the donated prescription drugs. See Indiana Code 25-26-26-9
• telepharmacy: means to provide patient care by a pharmacy and pharmacist licensed under IC 25-26 through the use of telecommunications or other technology:

  Indiana Code 25-26-13.5-4

• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• therapeutic alternative: means a drug product that:

  Indiana Code 25-26-16-1.5

• therapeutic alternative: means a drug product that:

  Indiana Code 25-26-16.5-4

• third party inspection provider: means :

  Indiana Code 25-26-14-10.3

• third party logistics provider: means an entity that:

  Indiana Code 25-26-14-10.5

• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• 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
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
• veteran: includes "Hoosier veteran" and applies to the construction of all Indiana statutes, unless the construction is expressly excluded by the terms of the statute, is plainly repugnant to the intent of the general assembly or of the context of the statute, or is inconsistent with federal law. See Indiana Code 1-1-4-5
• 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

• Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5