CHAPTER 17. NONRESIDENT PHARMACIES
IC 25-26-17
Chapter 17. Nonresident Pharmacies
IC 25-26-17-1
"Board" defined
Sec. 1. For purposes of this chapter, "board" means the Indiana
board of pharmacy.
As added by P.L.183-1997, SEC.1.
IC 25-26-17-2
"Nonresident pharmacy" defined
Sec. 2. For purposes of this chapter, "nonresident pharmacy"
means a pharmacy located outside Indiana that dispenses drugs or
devices through the United States Postal Service or other delivery
services to patients in Indiana.
As added by P.L.183-1997, SEC.1.
IC 25-26-17-3
Registration; required information; fee
Sec. 3. A nonresident pharmacy must register with the board. To
register with the board, a nonresident pharmacy must submit the
following to the board:
(1) A verified statement that the nonresident pharmacy is
licensed, certified, or registered to operate in the state in which
the pharmacy is located.
(2) The location, names, and titles of all principal corporate
officers and pharmacists who are dispensing drugs to residents
of Indiana. This disclosure must be made on an annual basis.
The nonresident pharmacy must notify the board within thirty
(30) days after any change of office location, corporate officer,
or pharmacist in charge.
(3) A verified statement that the nonresident pharmacy complies
with all lawful requests for information from the regulatory or
licensing agency of all states in which it is licensed.
(4) Information requested and deemed necessary by the board
to carry out this chapter.
(5) The fee required by IC 25-1-8 which shall be reasonable and
not exceed the costs to the board.
As added by P.L.183-1997, SEC.1.
IC 25-26-17-4
Duties of nonresident pharmacies
Sec. 4. A nonresident pharmacy must:
(1) comply with all requests for information made by the board;
(2) respond directly to all communications from the board
concerning emergency circumstances arising from errors in the
dispensing of drugs to the residents of Indiana;
(3) maintain records of drugs dispensed to patients in Indiana in
a manner making those records readily retrievable and
identifiable from the other business records of the pharmacy;
and
(4) provide a toll-free telephone service that:
(A) facilitates communications between a patient in Indiana
and a pharmacist with access to the patient's records;
(B) is attended by a pharmacist with access to a patient's
records during the nonresident pharmacy's regular business
hours, but not less than six (6) days per week and not less
than forty (40) hours per week; and
(C) has the toll-free telephone number displayed on a label
affixed to each container of dispensed drugs.
As added by P.L.183-1997, SEC.1.
IC 25-26-17-4.5
Internet pharmacy accreditation
Sec. 4.5. A nonresident pharmacy that dispenses more than
twenty-five percent (25%) of the pharmacy's total prescription
volume as a result of an original prescription order received or
solicited through the Internet:
(1) must be accredited:
(A) through the National Association of Boards of
Pharmacy's Verified Internet Pharmacy Practice Sites
(VIPPS); or
(B) under a program that is substantially similar to the
program under clause (A) and that has been approved by the
board; and
(2) shall obtain and display a seal of approval for:
(A) the National Association of Boards of Pharmacy; or
(B) the substantially similar program described in
subdivision (1)(B);
anywhere that the nonresident pharmacy advertises.
As added by P.L.105-2008, SEC.48.
IC 25-26-17-5
Grounds for denial, suspension, or revocation of registration
Sec. 5. The board may deny, revoke, or suspend the registration
of a nonresident pharmacy for:
(1) failing to comply with sections 3, 4, 4.5, and 6 of this
chapter; or
(2) conduct that causes serious bodily or psychological harm to
a customer who lives in Indiana or purchased drugs from the
nonresident pharmacy while in Indiana, if the board reports the
matter to the pharmacy regulatory or licensing agency in the
state in which the nonresident pharmacy is located.
As added by P.L.183-1997, SEC.1. Amended by P.L.105-2008,
SEC.49.
IC 25-26-17-6
Compliance with laws and rules of domicile state required
Sec. 6. A nonresident pharmacy registered under this chapter must
comply with the laws and rules of the state in which it is domiciled.
As added by P.L.183-1997, SEC.1.
IC 25-26-17-7
Waiver of registration requirements
Sec. 7. The board may waive the registration requirements of this
chapter for a nonresident pharmacy that only dispenses drugs to
Indiana in limited transactions.
As added by P.L.183-1997, SEC.1.