CHAPTER 20. DRUGS: ENFORCEMENT OF PHARMACY LAWS AND RULES
IC 16-42-20
Chapter 20. Drugs: Enforcement of Pharmacy Laws and Rules
IC 16-42-20-1
Powers of enforcement officers
Sec. 1. (a) Each member of the Indiana board of pharmacy,
designated employees of the Indiana board of pharmacy, and all law
enforcement officers of Indiana are primarily responsible for the
enforcement of all statutes and rules of Indiana relating to controlled
substances. However, the Indiana board of pharmacy is primarily
responsible for making accountability audits of the supply and
inventory of controlled substances.
(b) An officer or employee of the Indiana board of pharmacy
designated by the board may do any of the following:
(1) Carry firearms in the performance of the officer's or
employee's official duties.
(2) Execute and serve search warrants, arrest warrants,
administrative inspection warrants, subpoenas, and summonses
issued under the authority of this state.
(3) Make arrests without warrant for any offense relating to
controlled substances committed in the officer's or employee's
presence or if the officer or employee has probable cause to
believe that the person to be arrested has committed or is
committing a felony relating to controlled substances.
(4) Make seizures of property under this chapter.
(5) Perform other law enforcement duties that the Indiana board
of pharmacy designates.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-2
"Controlled premises" defined; administrative inspections and
warrants
Sec. 2. (a) As used in this section, "controlled premises" means
the following:
(1) Places where persons registered or exempted from
registration requirements under IC 35-48-3 are required to keep
records.
(2) Places, including factories, warehouses, establishments, and
conveyances, in which persons registered or exempted from
registration requirements under IC 35-48-3 are permitted to
possess, manufacture, compound, process, sell, deliver, or
otherwise dispose of a controlled substance.
(b) Issuance and execution of administrative inspection warrants
must be as follows:
(1) A judge of a court of record within the judge's jurisdiction
may, upon proper oath or affirmation showing probable cause,
issue warrants for the purpose of conducting administrative
inspections authorized by this chapter and seizures of property
appropriate to the inspections.
(2) For purposes of the issuance of administrative inspection
warrants, probable cause exists upon showing a valid public
interest in the effective enforcement of this chapter sufficient to
justify administrative inspection of the area, premises, building,
or conveyance in the circumstances specified in the application
for the warrant.
(3) A warrant shall be issued only upon an affidavit of a
designated officer or employee having knowledge of the facts
alleged, sworn to before the judge, and establishing the grounds
for issuing the warrant. If the judge is satisfied that grounds for
the application exist or that there is probable cause to believe
the grounds exist, the judge shall issue a warrant identifying the
area, premises, building, or conveyance to be inspected, the
purpose of the inspection, and, if appropriate, the type of
property to be inspected.
(4) The warrant must do the following:
(A) State the grounds for the warrant's issuance and the
name of each person whose affidavit has been taken in
support of the warrant.
(B) Be directed to a person authorized by section 1 of this
chapter to execute the warrant.
(C) Command the person to whom the warrant is directed to
inspect the area, premises, building, or conveyance identified
for the purpose specified and, if appropriate, direct the
seizure of the property specified.
(D) Identify the item or types of property to be seized, if any.
(E) Direct that the warrant may be served during normal
business hours and designate the judge to whom the warrant
shall be returned.
(5) A warrant issued under this section must be executed and
returned within ten (10) days of the warrant's date unless, upon
a showing of a need for additional time, the court orders
otherwise.
(6) If property is seized under a warrant, a copy shall be given
to the person from whom or from whose premises the property
is taken, together with a receipt for the property taken. The
return of the warrant shall be made promptly, accompanied by
a written inventory of any property taken. The inventory shall
be made in the presence of the person executing the warrant and
of the person from whose possession or premises the property
was taken, if present, or in the presence of at least one (1)
credible person other than the person executing the warrant. A
copy of the inventory shall be delivered to the person from
whom or from whose premises the property was taken and to
the applicant for the warrant.
(7) The judge who issues a warrant shall attach to the warrant
a copy of the return and all papers returnable in connection with
the issuance of the warrant and file them with the clerk of the
circuit or superior court for the judicial circuit in which the
inspection was made.
(c) The Indiana board of pharmacy may make administrative
inspections of controlled premises in accordance with the following
provisions:
(1) When authorized by an administrative inspection warrant
issued under subsection (b), an officer or employee designated
by the Indiana board of pharmacy, upon presenting the warrant
and appropriate credentials to the owner, operator, or agent in
charge, may enter controlled premises for the purpose of
conducting an administrative inspection.
(2) When authorized by an administrative inspection warrant,
an officer or employee designated by the Indiana board of
pharmacy may do the following:
(A) Inspect and copy records required by IC 35-48-3 to be
kept.
(B) Inspect, within reasonable limits and in a reasonable
manner, controlled premises and all pertinent equipment,
finished and unfinished material, containers, and labeling
found on the premises, and, except as provided in
subdivision (4), all other things on the premises, including
records, files, papers, processes, controls, and facilities
bearing on violation of laws relating to controlled
substances.
(C) Inventory any stock of any controlled substance on the
premises and obtain samples of the controlled substance.
(3) This section does not prevent an inspection without a
warrant of books and records under an administrative subpoena
issued in accordance with IC 4-21.5-3 or prevent entries and
administrative inspections, including seizures of property,
without a warrant if any of the following conditions exist:
(A) The owner, operator, or agent in charge of the controlled
premises consents.
(B) A situation presents imminent danger to health or safety.
(C) A situation involves the inspection of conveyances if
there is reasonable cause to believe that the mobility of the
conveyance makes it impracticable to obtain a warrant.
(D) An exceptional or emergency circumstance where time
or opportunity to apply for a warrant is lacking.
(E) A situation in which a warrant is not constitutionally
required.
(4) An inspection authorized by this section may not extend to
financial data, sales data (other than shipment data), or pricing
data unless the owner, operator, or agent in charge of the
controlled premises consents in writing.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-3
Injunctions
Sec. 3. Any court of record has jurisdiction to restrain or enjoin
violations of laws relating to controlled substances.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-4
Cooperative arrangements and confidentiality
Sec. 4. (a) The Indiana board of pharmacy shall cooperate with
federal and other state agencies in discharging the board's
responsibilities concerning traffic in controlled substances and in
suppressing the abuse of controlled substances. To this end, the
board may do the following:
(1) Arrange for the exchange of information among
governmental officials concerning the use and abuse of
controlled substances.
(2) Coordinate and cooperate in training programs concerning
controlled substance law enforcement at local, state, and federal
levels.
(3) Cooperate with the Drug Enforcement Administration by
establishing a centralized unit to accept, catalog, file, and
collect statistics, including records of drug dependent persons
and other controlled substance law offenders within Indiana,
and make the information available for federal, state, and local
law enforcement purposes. The board may not furnish the name
or identity of a patient or research subject whose identity cannot
be obtained under subsection (c).
(4) Conduct programs of eradication aimed at destroying wild
or illicit growth of plant species from which controlled
substances may be extracted.
(b) Results, information, and evidence received from the Drug
Enforcement Administration relating to the regulatory functions of
this chapter, including the results of inspections conducted by the
Drug Enforcement Administration, may be relied on and acted upon
by the Indiana board of pharmacy in the exercise of the board's
regulatory functions.
(c) A practitioner engaged in medical practice or research is not
required or compelled to furnish the name or identity of a patient or
research subject to the Indiana board of pharmacy. A practitioner
may not be compelled in any state or local civil, criminal,
administrative, legislative, or other proceedings to furnish the name
or identity of an individual that the practitioner is obligated to keep
confidential.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-5
Forfeitures
Sec. 5. (a) The following are subject to forfeiture:
(1) All controlled substances that are or have been unlawfully
manufactured, distributed, dispensed, acquired, or possessed, or
with respect to which there has been an act by a person in
violation of laws relating to controlled substances.
(2) All raw materials, instruments, devices, and other objects
that are used or intended for use by the person in possession of
them in unlawfully planting, growing, manufacturing,
compounding, processing, delivering, importing, or exporting
a controlled substance.
(3) All property that is used or intended for use by the person in
possession of the property as a container for property described
in subdivision (1) or (2).
(4) All books, records, and research products and materials,
including formulas, microfilm, tapes, and data that are used or
intended for use by the person in possession in violation of a
law relating to controlled substances.
(b) Property subject to forfeiture under this chapter may be seized
by an enforcement officer upon process issued by any state court of
record having jurisdiction over the property. Seizure without process
may be made if any of the following conditions exist:
(1) The seizure is incident to an arrest, a search under a search
warrant, or an inspection under an administrative inspection
warrant.
(2) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a criminal injunction or
forfeiture proceeding.
(3) The Indiana board of pharmacy has probable cause to
believe that the property is directly or indirectly dangerous to
health or safety.
(4) The Indiana board of pharmacy has probable cause to
believe that the property was used by the person in possession
of the property or is intended to be used in violation of a law
relating to controlled substances.
(c) In a seizure under subsection (b), proceedings under
subsection (d) shall be instituted promptly.
(d) Property taken or detained under this section is not subject to
replevin, but is considered to be in the custody of the Indiana board
of pharmacy subject only to the orders and decrees of the court
having jurisdiction over the forfeiture proceedings. When property
is seized under this chapter, the Indiana board of pharmacy may do
any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the board.
(3) Take custody of the property and remove the property to an
appropriate location for disposition in accordance with law.
All property seized under this chapter shall be retained by the Indiana
board of pharmacy until all proceedings in which the property may
be involved have concluded.
(e) When property is forfeited under this chapter, the Indiana
board of pharmacy shall do the following:
(1) Sell property that by law is not required to be transferred or
destroyed, that has a monetary value, and that is not harmful to
the public. The proceeds shall be used for payment of all proper
expenses of the proceedings for forfeiture and sale, including
expenses of seizure, maintenance of custody, advertising, and
court costs. All proceeds in excess of expenses shall be paid
into the common school fund of the state.
(2) Take custody of property that has no monetary value or
cannot lawfully be sold and remove the property for disposition
in accordance with administrative rule or forward the property
to the Drug Enforcement Administration for disposition.
(f) Controlled substances listed in schedule I that are unlawfully
possessed, transferred, sold, or offered for sale are contraband and
shall be seized and summarily forfeited to the state. Controlled
substances listed in schedule I that are seized or come into the
possession of the state, the owners of which are unknown, are
contraband and shall be summarily forfeited to the state.
(g) Species of plants from which controlled substances in
schedules I and II may be derived that:
(1) have been unlawfully planted or cultivated and the owners
or cultivators are unknown; or
(2) are wild growths;
may be seized and summarily forfeited to the state.
(h) The failure, upon demand by the Indiana board of pharmacy
or the board's authorized agent, of the person in occupancy or in
control of land or premises upon which the species of plants are
growing or being stored to produce an appropriate registration or
proof that the person is the holder of the plants constitutes authority
for the seizure and forfeiture of the plants.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-6
Burden of proof; liabilities
Sec. 6. (a) It is not necessary for the state to negate any exemption
or exception in this chapter or in IC 35-48 in a complaint, an
information, an indictment, or other pleading or in a trial, hearing, or
other proceeding under this chapter or under IC 35-48. The burden
of proof of an exemption or exception is on the person claiming the
exemption or exception.
(b) In the absence of proof that a person is the duly authorized
holder of an appropriate registration or order form issued under
IC 35-48-3, a person is presumed not to be the holder of the
registration or form.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-7
Judicial review
Sec. 7. All final determinations, findings, and conclusions of the
Indiana board of pharmacy under this chapter are conclusive
decisions of the matters involved. A person aggrieved by the decision
may obtain review of the decision in accordance with IC 4-21.5-5.
Findings of fact by the Indiana board of pharmacy, if supported by
substantial evidence, are conclusive.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-8
Education programs
Sec. 8. The addiction services bureau of the division of mental
health and addiction shall carry out educational programs designed
to prevent and deter misuse and abuse of controlled substances. In
connection with these programs, the bureau may do the following:
(1) Promote better recognition of the problems of misuse and
abuse of controlled substances within the regulated industry and
among interested groups and organizations.
(2) Assist the regulated industry and interested groups and
organizations in contributing to the reduction of misuse and
abuse of controlled substances.
(3) Consult with interested groups and organizations to aid the
groups and organizations in solving administrative and
organizational problems.
(4) Evaluate procedures, projects, techniques, and controls
conducted or proposed as part of educational programs on
misuse and abuse of controlled substances.
(5) Disseminate the results of research on misuse and abuse of
controlled substances to promote a better public understanding
of what problems exist and what can be done to combat the
problems.
(6) Assist in the education and training of state and local law
enforcement officials in efforts to control misuse and abuse of
controlled substances.
As added by P.L.2-1993, SEC.25. Amended by P.L.215-2001,
SEC.86.
IC 16-42-20-9
Research
Sec. 9. The addiction services bureau of the division of mental
health and addiction shall encourage research on misuse and abuse
of controlled substances. In connection with the research and in
furtherance of the enforcement of laws relating to controlled
substances, the bureau may do the following:
(1) Establish methods to assess accurately the effects of
controlled substances and identify and characterize those with
potential for abuse.
(2) Make studies and undertake programs of research to do the
following:
(A) Develop new or improved approaches, techniques,
systems, equipment, and devices to strengthen the
enforcement of laws relating to controlled substances.
(B) Determine patterns of misuse and abuse of controlled
substances and the social effects of such behavior.
(C) Improve methods for preventing, predicting,
understanding, and dealing with the misuse and abuse of
controlled substances.
(3) Enter into contracts with public agencies, postsecondary
educational institutions, and private organizations or individuals
for the purpose of conducting research, demonstrations, or
special projects that bear directly on misuse and abuse of
controlled substances.
As added by P.L.2-1993, SEC.25. Amended by P.L.215-2001,
SEC.87; P.L.2-2007, SEC.195.
IC 16-42-20-10
Contracts for educational and research activities
Sec. 10. The addiction services bureau of the division of mental
health and addiction may enter into contracts for educational and
research activities without performance bonds.
As added by P.L.2-1993, SEC.25. Amended by P.L.215-2001,
SEC.88.
IC 16-42-20-11
Anonymity of research subjects
Sec. 11. The Indiana board of pharmacy may authorize persons
engaged in research on the use and effects of controlled substances
to withhold the names and other identifying characteristics of
individuals who are the subjects of the research. Persons who obtain
this authorization may not be compelled in any civil, criminal,
administrative, legislative, or other proceeding to identify the
individuals who are the subjects of research for which the
authorization was obtained.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-12
Possession and distribution of controlled substances for research
purposes
Sec. 12. The Indiana board of pharmacy may authorize the
possession and distribution of controlled substances by persons
engaged in research. Persons who obtain this authorization are
exempt from state prosecution for possession and distribution of
controlled substances to the extent of the authorization.
As added by P.L.2-1993, SEC.25.