Indiana Code 25-26-13-17. Classes of pharmacy permits
Category I. A retail permit for a pharmacy that provides pharmaceutical care to the general public by the dispensing of a drug or device.
Terms Used In Indiana Code 25-26-13-17
- 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
- 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
- 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
- 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
- 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
Category III. A permit for a pharmacy that provides closed door, central fill, mail order, or other processing operations that are not open to the general public but include:
(A) traditional pharmacy functions; or
(B) nontraditional pharmacy functions, such as infusion, nuclear pharmacy, or sterile compounding.
(b) Except for when registration as a remote dispensing facility (as defined in IC 25-26-13.5-3) is required under IC 25-26-13.5, the board may approve a remote or mobile location for Category I, II, or III permits and any nonresident pharmacy registered with the board. Pharmacy practice in a mobile or remote location may include, but is not limited to, telepharmacy, automated dispensing, or delivery of cognitive services.
(c) A hospital or hospital system holding a Category II permit may offer drugs or devices:
(1) to:
(A) an employee, student, or volunteer of the hospital or hospital system;
(B) a retiree who is participating in a retirement, pension, or benefit program administered by the hospital or hospital system;
(C) an independent contractor who has an exclusive relationship with the hospital or hospital system;
(D) a member of the hospital’s or hospital system’s governing board; or
(E) a member of the hospital’s or hospital system’s medical staff; and
(2) to dependents of the individuals listed in subdivision (1);
for their own use.
(d) Hospitals holding a Category II permit may operate remote locations within a reasonable distance of the licensed area, as determined by the board, after:
(1) filing an application on a form prepared by the board;
(2) having each location inspected by the board; and
(3) obtaining approval from the board.
(e) Any applicable rule governing the practice of pharmacy in Indiana shall apply to all permits under this section.
(f) After June 30, 2012, a person with:
(1) a Type I permit shall be treated as holding a Category I permit;
(2) a Type II permit shall be treated as holding a Category II permit; and
(3) a Type III, IV, V, or VI permit shall be treated as holding a Category III permit.
The change in the name of the permit does not change the expiration date of the permit.
(g) After June 30, 2012, a reference in any rule or other document to:
(1) a Type I permit shall be treated as a reference to a Category I permit;
(2) a Type II permit shall be treated as a reference to a Category II permit; or
(3) a Type III, IV, V, or VI permit shall be treated as a reference to a Category III permit.
(h) A pharmacy holding a Category I permit may offer drugs or devices to the following:
(1) A long term care facility licensed under or subject to IC 16-28-2.
(2) A health facility licensed under IC 16-28.
(3) A housing with services establishment (as defined in IC 12-10-15-3) registered with the office of the secretary of family and social services.
As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.149-1987, SEC.76; P.L.147-1991, SEC.4; P.L.98-2006, SEC.9; P.L.159-2012, SEC.4; P.L.152-2012, SEC.10; P.L.202-2017, SEC.4; P.L.246-2019, SEC.8; P.L.264-2019, SEC.7.