Indiana 2022 Regular Session

Indiana House Bill HB1158 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1158.2
2		-	Reprinted
3		-	January 28, 2022
	1	+	HB1158.1
	2	+	January 20, 2022
4	3		HOUSE BILL No. 1158
5	4		_____
6		-	DIGEST OF HB 1158 (Updated January 27, 2022 4:04 pm - DI 77)
	5	+	DIGEST OF HB 1158 (Updated January 19, 2022 5:09 pm - DI 77)
7	6		Citations Affected: IC 5-10; IC 12-8; IC 12-9; IC 12-11; IC 12-28;
8		-	IC 16-18; IC 16-41; IC 21-38; IC 25-26; IC 27-8; IC 34-30; ~~IC 34-46;~~
9		-	IC 35-52; noncode.
	7	+	IC 16-18; IC 16-41; IC 21-38; IC 25-1; IC 25-26; IC 27-8; IC 34-30;
	8	+	IC 34-46; IC 35-52; noncode.
10	9		Synopsis: Health and human services matters. Allows an advanced
11	10		practice registered nurse or physician assistant to sign certain
12	11		individualized family service plans. Changes the composition and
13		-	duties of the division of disability and rehabilitative services ~~advisory~~
14		-	council. Requires the services for individuals with intellectual ~~and~~
15		-	other developmental disabilities task force to establish a ~~subcommittee~~
16		-	to make certain recommendations to the task force. ~~Modifies provisions~~
17		-	concerning records and information about the ~~human~~
18		-	immunodeficiency virus (HIV) and acquired immune deficiency
	12	+	duties of the division of the disability and rehabilitative services
	13	+	advisory council. Requires the services for individuals with intellectual
	14	+	and other developmental disabilities task force to establish a
	15	+	subcommittee to make certain recommendations to the task force.
	16	+	Modifies provisions concerning records and information about the
	17	+	human immunodeficiency virus (HIV) and acquired immune deficiency
19	18		syndrome. Repeals provisions concerning the following: (1) Reports to
20	19		a health officer about a person who is believed to be a serious and
21	20		present risk to the health of others. (2) Physician notification to: (A) a
22	21		patient with a serious communicable disease; (B) a health officer; and
23		-	(C) a person at risk. Changes the membership on the Indiana board of
24		-	pharmacy. Removes the requirement that a qualifying pharmacist is
25		-	responsible for the legal operations of a pharmacy. Specifies
26		-	responsibilities of pharmacists concerning duties previously
27	22		(Continued next page)
28	23		Effective: Upon passage; July 1, 2022.
29	24		Clere, Olthoff, Davisson J.,
30	25		Shackleford
31	26		January 6, 2022, read first time and referred to Committee on Public Health.
32	27		January 20, 2022, amended, reported — Do Pass.
33		-	January 27, 2022, read second time, amended, ordered engrossed.
34	28		HB 1158—LS 7067/DI 137 Digest Continued
	29	+	(C) a person at risk. Provides that for purposes of enforcing the health
	30	+	professions standards of practice, a practitioner includes an individual
	31	+	who holds or has held a license. Changes the membership on the
	32	+	Indiana board of pharmacy. Removes the requirement that a qualifying
	33	+	pharmacist is responsible for the legal operations of a pharmacy.
	34	+	Specifies responsibilities of pharmacists concerning duties previously
35	35		responsible by a qualifying pharmacist. Allows a qualified pharmacy
36	36		technician to administer immunizations delegated by the pharmacist.
37	37		(Current law allows pharmacy technicians to administer influenza and
38	38		coronavirus disease immunizations.) Amends requirements for remote
39		-	pharmacies. Adds an exception to the definition of "wholesale
40		-	distribution" for prescription drugs. Repeals certain offenses
41		-	concerning: (1) notification, reporting, and investigation related to
42		-	communicable diseases; and (2) the donation, sale, or transfer of semen
43		-	that contains antibodies for HIV. Makes technical and conforming
44		-	changes.
45		-	HB 1158—LS 7067/DI 137HB 1158—LS 7067/DI 137 Reprinted
46		-	January 28, 2022
	39	+	pharmacies. Adds exception to definition of "wholesale distribution"
	40	+	for prescription drugs. Repeals certain offenses concerning: (1)
	41	+	notification, reporting, and investigation related to communicable
	42	+	diseases; and (2) the donation, sale, or transfer of semen that contains
	43	+	antibodies for HIV. Makes technical and conforming changes.
	44	+	HB 1158—LS 7067/DI 137HB 1158—LS 7067/DI 137 January 20, 2022
47	45		Second Regular Session of the 122nd General Assembly (2022)
48	46		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
49	47		Constitution) is being amended, the text of the existing provision will appear in this style type,
50	48		additions will appear in this style type, and deletions will appear in this style type.
51	49		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
52	50		provision adopted), the text of the new provision will appear in this style type. Also, the
53	51		word NEW will appear in that style type in the introductory clause of each SECTION that adds
54	52		a new provision to the Indiana Code or the Indiana Constitution.
55	53		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
56	54		between statutes enacted by the 2021 Regular Session of the General Assembly.
57	55		HOUSE BILL No. 1158
58	56		A BILL FOR AN ACT to amend the Indiana Code concerning
59	57		health.
60	58		Be it enacted by the General Assembly of the State of Indiana:
61	59		1 SECTION 1. IC 5-10-8-7.3, AS AMENDED BY P.L.133-2020,
62	60		2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63	61		3 JULY 1, 2022]: Sec. 7.3. (a) As used in this section, "covered
64	62		4 individual" means an individual who is:
65	63		5 (1) covered under a self-insurance program established under
66	64		6 section 7(b) of this chapter to provide group health coverage; or
67	65		7 (2) entitled to services under a contract with a prepaid health care
68	66		8 delivery plan that is entered into or renewed under section 7(c) of
69	67		9 this chapter.
70	68		10 (b) As used in this section, "early intervention services" means
71	69		11 services provided to a first steps child under IC 12-12.7-2 and 20
72	70		12 U.S.C. 1432(4).
73	71		13 (c) As used in this section, "first steps child" means an infant or
74	72		14 toddler from birth through two (2) years of age who is enrolled in the
75	73		15 Indiana first steps program and is a covered individual.
76	74		16 (d) As used in this section, "first steps program" refers to the
77	75		17 program established under IC 12-12.7-2 and 20 U.S.C. 1431 et seq. to
78	76		HB 1158—LS 7067/DI 137 2
79	77		1 meet the needs of:
80	78		2 (1) children who are eligible for early intervention services; and
81	79		3 (2) their families.
82	80		4 The term includes the coordination of all available federal, state, local,
83	81		5 and private resources available to provide early intervention services
84	82		6 within Indiana.
85	83		7 (e) As used in this section, "health benefits plan" means a:
86	84		8 (1) self-insurance program established under section 7(b) of this
87	85		9 chapter to provide group health coverage; or
88	86		10 (2) contract with a prepaid health care delivery plan that is
89	87		11 entered into or renewed under section 7(c) of this chapter.
90	88		12 (f) A health benefits plan that provides coverage for early
91	89		13 intervention services shall reimburse the first steps program a monthly
92	90		14 fee established by the division of disability and rehabilitative services
93	91		15 established by IC 12-9-1-1. Except when the monthly fee is less than
94	92		16 the product determined under IC 12-12.7-2-23(b), the monthly fee shall
95	93		17 be provided instead of claims processing of individual claims.
96	94		18 (g) The reimbursement required under subsection (f) may not be
97	95		19 applied to any annual or aggregate lifetime limit on the first steps
98	96		20 child's coverage under the health benefits plan.
99	97		21 (h) The first steps program may pay required deductibles,
100	98		22 copayments, or other out-of-pocket expenses for a first steps child
101	99		23 directly to a provider. A health benefits plan shall apply any payments
102	100		24 made by the first steps program to the health benefits plan's
103	101		25 deductibles, copayments, or other out-of-pocket expenses according to
104	102		26 the terms and conditions of the health benefits plan.
105	103		27 (i) A health benefits plan may not require authorization for services
106	104		28 specified in the covered individual's individualized family service plan,
107	105		29 if those services are a covered benefit under the plan, once the
108	106		30 individualized family service plan is signed by a physician, a physician
109	107		31 assistant, or an advanced practice registered nurse.
110	108		32 (j) The department of insurance shall adopt rules under IC 4-22-2
111	109		33 to ensure compliance with this section.
112	110		34 SECTION 2. IC 12-8-2.5-3, AS ADDED BY P.L.160-2012,
113	111		35 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114	112		36 JULY 1, 2022]: Sec. 3. Unless Except as provided in IC 12-9-4-7, or
115	113		37 otherwise provided by a another statute, this chapter applies to the
116	114		38 following:
117	115		39 (1) The following advisory councils:
118	116		40 (A) The division of disability and rehabilitative services
119	117		41 advisory council.
120	118		42 (B) The division of family resources advisory council.
121	119		HB 1158—LS 7067/DI 137 3
122	120		1 (C) The division of mental health and addiction advisory
123	121		2 council.
124	122		3 (2) A body:
125	123		4 (A) established by statute for a division; and
126	124		5 (B) whose enabling statute makes this chapter applicable to
127	125		6 the body.
128	126		7 SECTION 3. IC 12-9-4-2, AS AMENDED BY P.L.141-2006,
129	127		8 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130	128		9 JULY 1, 2022]: Sec. 2. The division of disability and rehabilitative
131	129		10 services advisory council is established to advise and assist the
132	130		11 division of disability and rehabilitative services in its effort to
133	131		12 develop and sustain a system of supports and services for people
134	132		13 with intellectual and developmental disabilities. The council will
135	133		14 provide technical expertise and lived experiences and advise on
136	134		15 specific areas such as:
137	135		16 (1) technology;
138	136		17 (2) health;
139	137		18 (3) policy;
140	138		19 (4) law;
141	139		20 (5) marketing;
142	140		21 (6) public relations;
143	141		22 (7) provider services; and
144	142		23 (8) advocacy.
145	143		24 SECTION 4. IC 12-9-4-3 IS AMENDED TO READ AS FOLLOWS
146	144		25 [EFFECTIVE JULY 1, 2022]: Sec. 3. The council consists of the
147	145		26 following eleven (11) sixteen (16) members:
148	146		27 (1) The director.
149	147		28 (2) Ten (10) individuals:
150	148		29 (A) appointed by the secretary; and
151	149		30 (B) who have a recognized knowledge of or interest in the
152	150		31 programs administered by the division.
153	151		32 (2) An individual representing The Arc of Indiana, appointed
154	152		33 by The Arc of Indiana.
155	153		34 (3) An individual representing the Indiana Association of
156	154		35 Rehabilitation Facilities (INARF), appointed by INARF.
157	155		36 (4) An individual representing the Self-Advocates of Indiana,
158	156		37 appointed by the Self-Advocates of Indiana.
159	157		38 (5) A representative of the governor's council for people with
160	158		39 disabilities established by IC 4-23-29-7, appointed by the
161	159		40 director.
162	160		41 (6) A representative of a case management provider
163	161		42 contracting with the bureau of developmental disabilities
164	162		HB 1158—LS 7067/DI 137 4
165	163		1 services established by IC 12-11-1.1-1 to provide family
166	164		2 supports Medicaid waiver and community integration
167	165		3 habilitation Medicaid waiver case management services,
168	166		4 appointed by the director.
169	167		5 (7) An individual representing the Indiana Association of
170	168		6 Behavior Consultants, appointed by the Indiana Association
171	169		7 of Behavior Consultants.
172	170		8 (8) An individual representing the Indiana Institute on
173	171		9 Disability and Community, appointed by the Indiana Institute
174	172		10 on Disability and Community.
175	173		11 (9) An individual representing the Indiana Resource Center
176	174		12 for Families with Special Needs (INSOURCE), appointed by
177	175		13 INSOURCE.
178	176		14 (10) An individual representing Indiana Disability Rights,
179	177		15 appointed by Indiana Disability Rights.
180	178		16 (11) An individual representing Indiana Family to Family,
181	179		17 appointed by Indiana Family to Family.
182	180		18 (12) Two (2) members, appointed by the director, each of
183	181		19 whom is an individual with an intellectual or other
184	182		20 developmental disability.
185	183		21 (13) Two (2) members, appointed by the director, each of
186	184		22 whom is an immediate or extended family member of an
187	185		23 individual with an intellectual or other developmental
188	186		24 disability.
189	187		25 (14) One (1) member, appointed by the director, who is
190	188		26 employed by an agency that provides services to people with
191	189		27 intellectual or other developmental disabilities.
192	190		28 SECTION 5. IC 12-9-4-4, AS AMENDED BY P.L.160-2012,
193	191		29 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
194	192		30 JULY 1, 2022]: Sec. 4. Each member of the council appointed under
195	193		31 section 3(2) through 3(14) of this chapter has a fixed term as provided
196	194		32 in IC 12-8-2.5-4. serves at the will of the appointing authority.
197	195		33 SECTION 6. IC 12-9-4-6 IS AMENDED TO READ AS FOLLOWS
198	196		34 [EFFECTIVE JULY 1, 2022]: Sec. 6. The council shall meet at least
199	197		35 monthly six (6) times annually and is subject to special meetings at the
200	198		36 call of its presiding officer.
201	199		37 SECTION 7. IC 12-9-4-6.5 IS ADDED TO THE INDIANA CODE
202	200		38 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
203	201		39 1, 2022]: Sec. 6.5. (a) The division shall provide the council with a
204	202		40 quarterly report containing the following information relating to
205	203		41 Medicaid waivers:
206	204		42 (1) The number of current applications for an emergency
207	205		HB 1158—LS 7067/DI 137 5
208	206		1 placement priority waiver.
209	207		2 (2) The number of individuals served on a particular
210	208		3 Medicaid waiver.
211	209		4 (3) The number of individuals who are currently on a wait list
212	210		5 to be included in a Medicaid waiver.
213	211		6 (b) The division shall provide the council with a quarterly
214	212		7 report containing the following information relating to vocational
215	213		8 rehabilitation services:
216	214		9 (1) A status report of the division's effort to fill vocational
217	215		10 counselor vacancies.
218	216		11 (2) A status report of the order of selection.
219	217		12 (3) The number of individuals who submitted applications for
220	218		13 vocational rehabilitation services.
221	219		14 (4) The number of individuals who are currently on a wait list
222	220		15 to obtain vocational rehabilitation services.
223	221		16 (5) The number of individuals who are currently receiving
224	222		17 vocational rehabilitation services.
225	223		18 (c) The division shall provide the council with an annual report
226	224		19 summarizing any rate analysis, study, or review conducted by the
227	225		20 division.
228	226		21 (d) The division shall report to the council prior to any
229	227		22 submission of a Medicaid waiver amendment regarding the
230	228		23 changes being sought and an explanation of purpose.
231	229		24 (e) The division shall report to the council prior to any
232	230		25 submission for a renewal of a Medicaid waiver:
233	231		26 (1) any changes being proposed to the Medicaid waiver;
234	232		27 (2) the current and projected needs of each geographic area
235	233		28 of Indiana for residential services for individuals with
236	234		29 intellectual or developmental disabilities; and
237	235		30 (3) the availability of developmental or vocational services to
238	236		31 individuals with an intellectual or developmental disability
239	237		32 living in their own home.
240	238		33 SECTION 8. IC 12-9-4-7, AS AMENDED BY P.L.160-2012,
241	239		34 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
242	240		35 JULY 1, 2022]: Sec. 7. IC 12-8-2.5 applies IC 12-8-2.5-9 through
243	241		36 IC 12-8-2.5-11.5 apply to the council.
244	242		37 SECTION 9. IC 12-11-15.5-4.5 IS ADDED TO THE INDIANA
245	243		38 CODE AS A NEW SECTION TO READ AS FOLLOWS
246	244		39 [EFFECTIVE UPON PASSAGE]: Sec. 4.5. (a) The task force shall
247	245		40 establish a subcommittee to make recommendations to the task
248	246		41 force regarding the:
249	247		42 (1) establishment of a statewide training curriculum for
250	248		HB 1158—LS 7067/DI 137 6
251	249		1 individuals who provide services to individuals with an
252	250		2 intellectual or other developmental disability;
253	251		3 (2) feasibility of establishing training certification;
254	252		4 (3) establishment of a statewide training registry; and
255	253		5 (4) feasibility of a pilot project to implement any
256	254		6 recommendations made under this section.
257	255		7 (b) Not later than September 1, 2022, the subcommittee shall
258	256		8 prepare and submit to the task force recommendations made by
259	257		9 the subcommittee.
260	258		10 (c) This section expires January 1, 2024.
261	259		11 SECTION 10. IC 12-11-15.5-4.6 IS ADDED TO THE INDIANA
262	260		12 CODE AS A NEW SECTION TO READ AS FOLLOWS
263	261		13 [EFFECTIVE UPON PASSAGE]: Sec. 4.6. (a) The task force shall
264	262		14 establish a subcommittee to make recommendations to the task
265	263		15 force regarding:
266	264		16 (1) current trends related to health and safety requests for the
267	265		17 community integration habilitation Medicaid waiver or any
268	266		18 other service; and
269	267		19 (2) the feasibility of the division establishing a pilot program
270	268		20 to create special service review teams to assist families or
271	269		21 individuals in a crisis situation to identify available resources
272	270		22 and sources of assistance.
273	271		23 (b) Not later than September 1, 2022, the subcommittee shall
274	272		24 prepare and submit to the task force recommendations made by
275	273		25 the subcommittee.
276	274		26 (c) This section expires January 1, 2024.
277	275		27 SECTION 11. IC 12-28-5-10, AS AMENDED BY P.L.210-2015,
278	276		28 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
279	277		29 JULY 1, 2022]: Sec. 10. The division of disability and rehabilitative
280	278		30 services shall do the following:
281	279		31 (1) Determine the current and projected needs of each geographic
282	280		32 area of Indiana for residential services for individuals with a
283	281		33 developmental disability and, beginning July 1, 2012, annually
284	282		34 report the findings to the division of disability and rehabilitative
285	283		35 services advisory council established by IC 12-9-4-2.
286	284		36 (2) Determine how the provision of developmental or vocational
287	285		37 services for residents in these geographic areas affects the
288	286		38 availability of developmental or vocational services to individuals
289	287		39 with a developmental disability living in their own homes and,
290	288		40 beginning July 1, 2012, report the findings to the division of
291	289		41 disability and rehabilitative services advisory council established
292	290		42 by IC 12-9-4-2.
293	291		HB 1158—LS 7067/DI 137 7
294	292		1 (3) (1) Develop standards for licensure of supervised group living
295	293		2 facilities regarding the following:
296	294		3 (A) A sanitary and safe environment for residents and
297	295		4 employees.
298	296		5 (B) Classification of supervised group living facilities.
299	297		6 (C) Any other matters that will ensure that the residents will
300	298		7 receive a residential environment.
301	299		8 (4) (2) Develop standards for the approval of entities providing
302	300		9 supported living services.
303	301		10 SECTION 12. IC 12-28-5-12, AS AMENDED BY P.L.210-2015,
304	302		11 SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
305	303		12 JULY 1, 2022]: Sec. 12. (a) The division may license only those
306	304		13 supervised group living facilities that:
307	305		14 (1) meet the standards established under section 10 of this
308	306		15 chapter; and
309	307		16 (2) are necessary to provide adequate services to individuals with
310	308		17 a developmental disability in that geographic area.
311	309		18 (b) Notwithstanding 460 IAC 9-3-7(c) and 460 IAC 9-3-7(d), the
312	310		19 division shall license one (1) supervised group living facility that is
313	311		20 located less than one thousand (1,000) feet from another supervised
314	312		21 group living facility or a sheltered workshop under the following
315	313		22 conditions:
316	314		23 (1) Both of the supervised group living facilities meet all
317	315		24 standards for licensure as provided in section 10(3) 10(1) of this
318	316		25 chapter.
319	317		26 (2) Both of the supervised group living facilities are built on land
320	318		27 that is owned by one (1) private entity.
321	319		28 (3) The supervised group living facilities provides job
322	320		29 opportunities for residents of the supervised group living
323	321		30 facilities, as appropriate.
324	322		31 (c) The division may approve an entity to provide supported living
325	323		32 services only if the entity meets the standards established under section
326	324		33 10 of this chapter.
327	325		34 SECTION 13. IC 16-18-2-275 IS AMENDED TO READ AS
328	326		35 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 275. (a) "Person at
329	327		36 risk", for purposes of IC 16-41-7-4, has the meaning set forth in
330	328		37 IC 16-41-7-4(a).
331	329		38 (b) "Person at risk", for purposes of IC 16-41-7-1, and IC 16-41-7-3,
332	330		39 has the meaning set forth in IC 16-41-7-1(c).
333	331		40 SECTION 14. IC 16-18-2-328, AS AMENDED BY P.L.112-2020,
334	332		41 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
335	333		42 JULY 1, 2022]: Sec. 328. "Serious and present risk to the health of
336	334		HB 1158—LS 7067/DI 137 8
337	335		1 others", for purposes of IC 16-41-7 and IC 16-41-9, has the meaning set
338	336		2 forth in IC 16-41-7-2. means an individual with a communicable
339	337		3 disease who meets the following conditions:
340	338		4 (1) The individual with a communicable disease engages
341	339		5 repeatedly in a behavior that has been demonstrated
342	340		6 epidemiologically (as defined by rules adopted by the state
343	341		7 department under IC 4-22-2) to transmit a serious
344	342		8 communicable disease or that indicates a careless disregard
345	343		9 for the transmission of the disease to others.
346	344		10 (2) The individual with a communicable disease's past
347	345		11 behavior or statements indicate an imminent risk that the
348	346		12 individual with a communicable disease will engage in
349	347		13 behavior that transmits a serious communicable disease to
350	348		14 others.
351	349		15 (3) The individual with a communicable disease has failed or
352	350		16 refused to carry out the individual with a communicable
353	351		17 disease's duty to inform under IC 16-41-7-1.
354	352		18 SECTION 15. IC 16-41-1-5 IS ADDED TO THE INDIANA CODE
355	353		19 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
356	354		20 1, 2022]: Sec. 5. Local health officers may submit advisory
357	355		21 guidelines to the state department to implement this chapter. The
358	356		22 state department shall fully consider such advisory guidelines
359	357		23 before adopting a rule under IC 4-22-2-29 implementing this
360	358		24 chapter.
361	359		25 SECTION 16. IC 16-41-2-3 IS AMENDED TO READ AS
362	360		26 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The following
363	361		27 persons shall report to the state department each case of human
364	362		28 immunodeficiency virus (HIV) infection, including each confirmed
365	363		29 case of acquired immune deficiency syndrome (AIDS):
366	364		30 (1) A licensed physician.
367	365		31 (2) A hospital licensed under IC 16-21.
368	366		32 (3) A medical laboratory.
369	367		33 (4) The department of correction.
370	368		34 The report must comply with rules adopted by the state department.
371	369		35 (b) The records of the state department must indicate, if known:
372	370		36 (1) whether the individual had undergone any blood transfusions
373	371		37 before being diagnosed as having AIDS or HIV or AIDS
374	372		38 infection;
375	373		39 (2) the place the transfusions took place;
376	374		40 (3) the blood center that furnished the blood; and
377	375		41 (4) any other known risk factors.
378	376		42 (c) A case report concerning HIV infection that does not involve a
379	377		HB 1158—LS 7067/DI 137 9
380	378		1 confirmed case of AIDS submitted to the state department under this
381	379		2 section that involves an individual:
382	380		3 (1) enrolled in a formal research project for which a written study
383	381		4 protocol has been filed with the state department;
384	382		5 (2) who is tested anonymously at a designated counseling or
385	383		6 testing site; or
386	384		7 (3) who is tested by a health care provider permitted by rule by
387	385		8 the state department to use a number identifier code;
388	386		9 may not include the name or other identifying characteristics of the
389	387		10 individual tested.
390	388		11 SECTION 17. IC 16-41-2-5 IS AMENDED TO READ AS
391	389		12 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 5. A person who
392	390		13 reports information as required by this chapter does not satisfy the
393	391		14 duties that exist under IC 16-41-7-3 or in other laws to provide
394	392		15 notification to persons identified as being at significant risk of being
395	393		16 infected by the individual who is the subject of the report.
396	394		17 SECTION 18. IC 16-41-3-1, AS AMENDED BY P.L.112-2020,
397	395		18 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
398	396		19 JULY 1, 2022]: Sec. 1. (a) The state department may adopt rules under
399	397		20 IC 4-22-2 concerning the compilation for statistical purposes of
400	398		21 information collected under IC 16-41-2.
401	399		22 (b) The state department shall adopt procedures to gather, monitor,
402	400		23 and tabulate case reports of incidents involving serious communicable
403	401		24 diseases or unnatural outbreaks of diseases known or suspected to be
404	402		25 used as weapons. The state department shall specifically engage in
405	403		26 medical surveillance, tabulation, and reporting of confirmed or
406	404		27 suspected cases set forth by the Centers for Disease Control and
407	405		28 Prevention of the United States Department of Health and Human
408	406		29 Services and the United States Public Health Service of the United
409	407		30 States Department of Health and Human Services.
410	408		31 (c) The state department shall notify the:
411	409		32 (1) department of homeland security;
412	410		33 (2) Indiana State Police; and
413	411		34 (3) county health department and local law enforcement agency
414	412		35 having jurisdiction of each unnatural outbreak or reported case
415	413		36 described in subsection (b);
416	414		37 as soon as possible after the state department receives a report under
417	415		38 subsection (b). Notification under this subsection must be made not
418	416		39 more than twenty-four (24) hours after receiving a report.
419	417		40 (d) Local health officers may submit advisory guidelines to the
420	418		41 state department to implement this chapter. The state department
421	419		42 shall fully consider such advisory guidelines before adopting a rule
422	420		HB 1158—LS 7067/DI 137 10
423	421		1 under IC 4-22-2-29 implementing this chapter.
424	422		2 SECTION 19. IC 16-41-5-4 IS ADDED TO THE INDIANA CODE
425	423		3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
426	424		4 1, 2022]: Sec. 4. Local health officers may submit advisory
427	425		5 guidelines to the state department to implement this chapter. The
428	426		6 state department shall fully consider such advisory guidelines
429	427		7 before adopting a rule under IC 4-22-2-29 implementing this
430	428		8 chapter.
431	429		9 SECTION 20. IC 16-41-6-11, AS AMENDED BY P.L.112-2020,
432	430		10 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433	431		11 JULY 1, 2022]: Sec. 11. (a) The state department shall adopt rules
434	432		12 under IC 4-22-2 that include procedures:
435	433		13 (1) to inform the woman of the test results under this chapter,
436	434		14 whether they are positive or negative;
437	435		15 (2) for explaining the side effects of any treatment for HIV if the
438	436		16 test results under this chapter are positive; and
439	437		17 (3) to establish a process for a woman who tests positive under
440	438		18 this chapter to appeal the woman's status on a waiting list on a
441	439		19 treatment program for which the woman is eligible. The rule
442	440		20 must:
443	441		21 (A) include a requirement that the state department make a
444	442		22 determination in the process described in this subdivision not
445	443		23 later than seventy-two (72) hours after the state department
446	444		24 receives all the requested medical information; and
447	445		25 (B) set forth the necessary medical information that must be
448	446		26 provided to the state department and reviewed by the state
449	447		27 department in the process described in this subdivision.
450	448		28 (b) The state department shall maintain rules under IC 4-22-2 that
451	449		29 set forth standards to provide to women who are pregnant, before
452	450		30 delivery, at delivery, and after delivery, information concerning HIV.
453	451		31 The rules must include:
454	452		32 (1) an explanation of the nature of AIDS and HIV;
455	453		33 (2) information concerning discrimination and legal protections;
456	454		34 (3) information concerning the duty to notify persons at risk as
457	455		35 described in IC 16-41-7-1;
458	456		36 (4) information about risk behaviors for HIV transmission;
459	457		37 (5) information about the risk of transmission through breast
460	458		38 feeding;
461	459		39 (6) notification that if the woman chooses not to be tested for HIV
462	460		40 before delivery, at delivery the child will be tested subject to
463	461		41 section 4 of this chapter;
464	462		42 (7) procedures for obtaining informed, written consent for testing
465	463		HB 1158—LS 7067/DI 137 11
466	464		1 under this chapter;
467	465		2 (8) procedures for post-test counseling by a health care provider
468	466		3 when the test results are communicated to the woman, whether
469	467		4 the results are positive or negative;
470	468		5 (9) procedures for referral for physical and emotional services if
471	469		6 the test results are positive;
472	470		7 (10) procedures for explaining the importance of immediate entry
473	471		8 into medical care if the test results are positive; and
474	472		9 (11) procedures for explaining that the use of antiretroviral drugs
475	473		10 and other medical interventions lessen the likelihood of
476	474		11 transmitting HIV to the child during childbirth.
477	475		12 SECTION 21. IC 16-41-7-2 IS REPEALED [EFFECTIVE JULY 1,
478	476		13 2022]. Sec. 2. (a) An individual with a communicable disease is a
479	477		14 "serious and present risk to the health of others" under the following
480	478		15 conditions:
481	479		16 (1) The individual with a communicable disease engages
482	480		17 repeatedly in a behavior that has been demonstrated
483	481		18 epidemiologically (as defined by rules adopted by the state
484	482		19 department under IC 4-22-2) to transmit a serious communicable
485	483		20 disease or that indicates a careless disregard for the transmission
486	484		21 of the disease to others.
487	485		22 (2) The individual with a communicable disease's past behavior
488	486		23 or statements indicate an imminent risk that the individual with
489	487		24 a communicable disease will engage in behavior that transmits a
490	488		25 serious communicable disease to others.
491	489		26 (3) The individual with a communicable disease has failed or
492	490		27 refused to carry out the individual with a communicable disease's
493	491		28 duty to inform under section 1 of this chapter.
494	492		29 (b) A person who has reasonable cause to believe that a person:
495	493		30 (1) is a serious and present risk to the health of others as
496	494		31 described in subsection (a);
497	495		32 (2) has engaged in noncompliant behavior; or
498	496		33 (3) is suspected of being a person at risk (as described in section
499	497		34 1 of this chapter);
500	498		35 may report that information to a health officer.
501	499		36 (c) A person who makes a report under subsection (b) in good faith
502	500		37 is not subject to liability in a civil, an administrative, a disciplinary, or
503	501		38 a criminal action.
504	502		39 (d) A person who knowingly or recklessly makes a false report
505	503		40 under subsection (b) is civilly liable for actual damages suffered by a
506	504		41 person reported on and for punitive damages.
507	505		42 SECTION 22. IC 16-41-7-3 IS REPEALED [EFFECTIVE JULY 1,
508	506		HB 1158—LS 7067/DI 137 12
509	507		1 2022]. Sec. 3. (a) A licensed physician who diagnoses, treats, or
510	508		2 counsels a patient with a serious communicable disease shall inform
511	509		3 the patient of the patient's duty under section 1 of this chapter.
512	510		4 (b) A physician described in subsection (a) may notify the
513	511		5 following:
514	512		6 (1) A health officer if the physician has reasonable cause to
515	513		7 believe that a patient:
516	514		8 (A) is a serious and present risk to the health of others as
517	515		9 described in section 2(a) of this chapter;
518	516		10 (B) has engaged in noncompliant behavior; or
519	517		11 (C) is suspected of being a person at risk (as defined in section
520	518		12 1 of this chapter).
521	519		13 (2) A person at risk (as defined in section 1 of this chapter) or a
522	520		14 person legally responsible for the patient if the physician:
523	521		15 (A) has medical verification that the patient is an individual
524	522		16 with a communicable disease;
525	523		17 (B) knows the identity of the person at risk;
526	524		18 (C) has a reasonable belief of a significant risk of harm to the
527	525		19 identified person at risk;
528	526		20 (D) has reason to believe the identified person at risk has not
529	527		21 been informed and will not be informed of the risk by the
530	528		22 patient or another person; and
531	529		23 (E) has made reasonable efforts to inform the individual with
532	530		24 a communicable disease of the physician's intent to make or
533	531		25 cause the state department of health to make a disclosure to
534	532		26 the person at risk.
535	533		27 (c) A physician who notifies a person at risk under this section shall
536	534		28 do the following:
537	535		29 (1) Identify the serious communicable disease.
538	536		30 (2) Inform the person of available health care measures such as
539	537		31 counseling and testing.
540	538		32 (d) A physician who in good faith provides notification under this
541	539		33 section is not subject to liability in a civil, an administrative, a
542	540		34 disciplinary, or a criminal action.
543	541		35 (e) A patient's privilege with respect to a physician under
544	542		36 IC 34-46-3-1 is waived regarding:
545	543		37 (1) notification under subsection (b); and
546	544		38 (2) information provided about a patient's noncompliant behavior
547	545		39 in an investigation or action under this chapter, IC 16-41-2,
548	546		40 IC 16-41-3, IC 16-41-5, IC 16-41-6, IC 16-41-8, IC 16-41-9,
549	547		41 IC 16-41-13, IC 16-41-14, and IC 16-41-16.
550	548		42 (f) A physician's immunity from liability under subsection (d)
551	549		HB 1158—LS 7067/DI 137 13
552	550		1 applies only to the provision of information reasonably calculated to
553	551		2 protect an identified person who is at epidemiological risk of infection.
554	552		3 (g) A physician who notifies a person under this section is also
555	553		4 required to satisfy the reporting requirements under IC 16-41-2-2
556	554		5 through IC 16-41-2-8.
557	555		6 SECTION 23. IC 16-41-7-4 IS REPEALED [EFFECTIVE JULY 1,
558	556		7 2022]. Sec. 4. (a) As used in this section, "person at risk" means an
559	557		8 individual who in the best judgment of a licensed physician:
560	558		9 (1) has engaged in high risk activity (as defined in section 1 of
561	559		10 this chapter); or
562	560		11 (2) is in imminent risk of engaging in high risk activity (as
563	561		12 defined in section 1 of this chapter).
564	562		13 (b) If a health officer is notified in writing by a physician under
565	563		14 section 3(b)(1)(A) of this chapter of a patient:
566	564		15 (1) for whom the physician has medical verification that the
567	565		16 patient is an individual with a communicable disease; and
568	566		17 (2) who, in the best judgment of the physician, is a serious and
569	567		18 present risk to the health of others;
570	568		19 the health officer shall make an investigation of the individual with a
571	569		20 communicable disease as authorized in IC 16-41-5-2 to determine
572	570		21 whether the environmental conditions surrounding the individual with
573	571		22 a communicable disease or the conduct of the individual with a
574	572		23 communicable disease requires the intervention by the health officer or
575	573		24 designated health official to prevent the transmission of disease to
576	574		25 others.
577	575		26 (c) If the state department is requested in writing by a physician who
578	576		27 has complied with the requirements of section 3(b)(2) of this chapter
579	577		28 to notify a person at risk, the state department shall notify the person
580	578		29 at risk unless, in the opinion of the state department, the person at risk:
581	579		30 (1) has already been notified;
582	580		31 (2) will be notified; or
583	581		32 (3) will otherwise be made aware that the person is a person at
584	582		33 risk.
585	583		34 (d) The state department shall establish a confidential registry of all
586	584		35 persons submitting written requests under subsection (c).
587	585		36 (e) The state department shall adopt rules under IC 4-22-2 to
588	586		37 implement this section. Local health officers may submit advisory
589	587		38 guidelines to the state department to implement this chapter,
590	588		39 IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. The
591	589		40 state department shall fully consider such advisory guidelines before
592	590		41 adopting a rule under IC 4-22-2-29 implementing this chapter,
593	591		42 IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9.
594	592		HB 1158—LS 7067/DI 137 14
595	593		1 SECTION 24. IC 16-41-7-5 IS REPEALED [EFFECTIVE JULY 1,
596	594		2 2022]. Sec. 5. (a) Except as provided in IC 35-45-21-3, a person who
597	595		3 recklessly violates or fails to comply with this chapter commits a Class
598	596		4 B misdemeanor.
599	597		5 (b) Each day a violation continues constitutes a separate offense.
600	598		6 SECTION 25. IC 16-41-8-7 IS ADDED TO THE INDIANA CODE
601	599		7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
602	600		8 1, 2022]: Sec. 7. Local health officers may submit advisory
603	601		9 guidelines to the state department to implement this chapter. The
604	602		10 state department shall fully consider such advisory guidelines
605	603		11 before adopting a rule under IC 4-22-2-29 implementing this
606	604		12 chapter.
607	605		13 SECTION 26. IC 16-41-9-7, AS AMENDED BY P.L.112-2020,
608	606		14 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
609	607		15 JULY 1, 2022]: Sec. 7. (a) An individual with a communicable disease
610	608		16 who:
611	609		17 (1) poses a serious and present risk to the health of others;
612	610		18 (2) has been voluntarily admitted to a hospital or other facility for
613	611		19 the treatment of tuberculosis or another serious communicable
614	612		20 disease; and
615	613		21 (3) who leaves the facility without authorized leave or against
616	614		22 medical advice or who fails to return from authorized leave;
617	615		23 shall be reported to a health officer by the facility not more than
618	616		24 twenty-four (24) hours after discovery of the individual with a
619	617		25 communicable disease's absence.
620	618		26 (b) If a health officer fails or refuses to institute or complete
621	619		27 necessary legal measures to prevent a health threat (as defined in
622	620		28 IC 16-41-7-2) by the individual with a communicable disease, the case
623	621		29 shall be referred to a designated health official for appropriate action
624	622		30 under this article.
625	623		31 SECTION 27. IC 16-41-9-16 IS ADDED TO THE INDIANA
626	624		32 CODE AS A NEW SECTION TO READ AS FOLLOWS
627	625		33 [EFFECTIVE JULY 1, 2022]: Sec. 16. Local health officers may
628	626		34 submit advisory guidelines to the state department to implement
629	627		35 this chapter. The state department shall fully consider such
630	628		36 advisory guidelines before adopting a rule under IC 4-22-2-29
631	629		37 implementing this chapter.
632	630		38 SECTION 28. IC 16-41-14-17 IS REPEALED [EFFECTIVE JULY
633	631		39 1, 2022]. Sec. 17. (a) This section does not apply to a person who
634	632		40 transfers for research purposes semen that contains antibodies for the
635	633		41 human immunodeficiency virus (HIV).
636	634		42 (b) A person who, for the purpose of artificial insemination,
637	635		HB 1158—LS 7067/DI 137 15
638	636		1 recklessly, knowingly, or intentionally donates, sells, or transfers semen
639	637		2 that contains antibodies for the human immunodeficiency virus (HIV)
640	638		3 commits transferring contaminated semen, a Level 5 felony. The
641	639		4 offense is a Level 4 felony if the offense results in the transmission of
642	640		5 the virus to another person.
643	641		6 SECTION 29. IC 21-38-6-1, AS AMENDED BY P.L.133-2020,
644	642		7 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
645	643		8 JULY 1, 2022]: Sec. 1. (a) An employee health plan that provides
646	644		9 coverage for early intervention services shall reimburse the first steps
647	645		10 program a monthly fee established by the division of disability and
648	646		11 rehabilitative services. Except when the monthly fee is less than the
649	647		12 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
650	648		13 provided instead of claims processing of individual claims.
651	649		14 (b) An employee health plan may not require authorization for
652	650		15 services specified in the covered individual's individualized family
653	651		16 service plan, if those services are a covered benefit under the plan,
654	652		17 once the individualized family service plan is signed by a physician, a
655	653		18 physician assistant, or an advanced practice registered nurse.
656	654		19 (c) The department of insurance shall adopt rules under IC 4-22-2
657	655		20 to ensure compliance with this section.
658		-	21 SECTION 30. IC 25-~~26-13~~-2~~, AS~~ AMENDED ~~BY P.L.207-2021,~~
659		-	22 ~~SECTION 30, IS AMENDED TO READ AS~~ FOLLOWS [EFFECTIVE
660		-	23 ~~UPON PASSAGE]~~: ~~Sec. 2. As used in this chapter:~~
661		-	24 ~~"Administering" means the direct application of a drug to the body~~
662		-	25 of a ~~person by injection~~, ~~inhalation, ingestion~~, or ~~any other means.~~
663		-	26 ~~"Board" means the Indiana board of pharmacy.~~
664		-	27 ~~"Controlled drugs"~~ ~~are those drugs on schedules I through V of the~~
665		-	28 ~~federal Controlled Substances Act or on schedules I through V of~~
666		-	29 ~~IC 35-48-2.~~
667		-	30 ~~"Coronavirus disease"~~ ~~means the disease caused by the severe acute~~
668		-	31 ~~respiratory syndrome coronavirus 2 virus (SARS-CoV-2).~~
669		-	32 "~~Counseling~~" ~~means effective communication between~~ a ~~pharmacist~~
670		-	33 ~~and a patient concerning the contents, drug to drug interactions, route,~~
671		-	34 ~~dosage~~, ~~form~~, ~~directions for use, precautions, and effective use of a~~
672		-	35 ~~drug or device~~ to ~~improve the therapeutic outcome of the patient~~
673		-	36 ~~through the effective use of the drug or device.~~
674		-	37 "~~Dispensing~~" means ~~issuing one (1) or more doses~~ of a drug ~~in a~~
675		-	38 ~~suitable container with appropriate labeling for subsequent~~
676		-	39 ~~administration to or use by a patient~~.
677		-	40 "~~Drug~~" ~~means:~~
678		-	41 ~~(1) articles~~ or ~~substances recognized in the official United States~~
679		-	42 ~~Pharmacopoeia, official National Formulary, official~~
	656	+	21 SECTION 30. IC 25-1-9-2 IS AMENDED TO READ AS
	657	+	22 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) As used in this
	658	+	23 chapter, "practitioner" means an individual who holds:
	659	+	24 (1) an unlimited license, certificate, or registration;
	660	+	25 (2) a limited or probationary license, certificate, or registration;
	661	+	26 (3) a temporary license, certificate, registration, or permit;
	662	+	27 (4) an intern permit; or
	663	+	28 (5) a provisional license;
	664	+	29 issued by the board regulating the profession in question, including a
	665	+	30 certificate of registration issued under IC 25-20.
	666	+	31 (b) The term includes all license statuses, including "active",
	667	+	32 "expired", "retired", "inactive", and any other status that a
	668	+	33 license may be held in.
	669	+	34 SECTION 31. IC 25-26-13-2, AS AMENDED BY P.L.207-2021,
	670	+	35 SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	671	+	36 UPON PASSAGE]: Sec. 2. As used in this chapter:
	672	+	37 "Administering" means the direct application of a drug to the body
	673	+	38 of a person by injection, inhalation, ingestion, or any other means.
	674	+	39 "Board" means the Indiana board of pharmacy.
	675	+	40 "Controlled drugs" are those drugs on schedules I through V of the
	676	+	41 federal Controlled Substances Act or on schedules I through V of
	677	+	42 IC 35-48-2.
680	678		HB 1158—LS 7067/DI 137 16
681		-	1 ~~Homeopathic Pharmacopoeia of~~ the ~~United States,~~ ~~or any~~
682		-	2 ~~supplement to any of them;~~
683		-	3 ~~(2) articles or substances intended for use in the diagnosis, cure,~~
684		-	4 ~~mitigation~~, ~~treatment~~, ~~or prevention of disease in man or animals;~~
685		-	5 ~~(3) articles other than food intended to affect the structure or any~~
686		-	6 ~~function~~ of the ~~body of man or animals; or~~
687		-	7 ~~(4) articles intended for~~ use ~~as a component~~ of ~~any article~~
688		-	8 ~~specified in subdivisions~~ (1) ~~through (3) and devices.~~
689		-	9 ~~"Drug order"~~ ~~means a written order in a hospital or other health care~~
690		-	10 ~~institution for an ultimate user for any drug~~ or ~~device, issued and~~
691		-	11 ~~signed by a practitioner, or an order transmitted by other~~ means of
692		-	12 ~~communication from a practitioner,~~ ~~which is immediately reduced to~~
693		-	13 ~~writing by the pharmacist~~, ~~registered nurse~~, ~~or other licensed health~~
694		-	14 ~~care practitioner authorized by~~ the ~~hospital~~ or ~~institution. The order~~
695		-	15 ~~shall contain the name and bed number~~ of ~~the patient~~; ~~the name and~~
696		-	16 ~~strength~~ or ~~size of~~ the ~~drug or device; unless specified by individual~~
697		-	17 ~~institution policy~~ or ~~guideline, the amount to be dispensed either~~ in
698		-	18 ~~quantity~~ or ~~days; adequate directions for the proper use of the drug or~~
699		-	19 ~~device when it is administered to the patient; and the name~~ of the
700		-	20 ~~prescriber.~~
701		-	21 ~~"Drug regimen review"~~ ~~means the retrospective, concurrent,~~ and
702		-	22 ~~prospective review by~~ a ~~pharmacist of~~ a ~~patient's drug related history~~
703		-	23 ~~that includes the following areas:~~
704		-	24 ~~(1) Evaluation of prescriptions~~ or ~~drug orders and patient records~~
705		-	25 ~~for drug allergies~~, ~~rational therapy contradictions,~~ ~~appropriate~~
706		-	26 ~~dose and route of administration~~, ~~appropriate directions for use,~~
707		-	27 or ~~duplicative therapies.~~
708		-	28 ~~(2) Evaluation~~ of ~~prescriptions or drug orders~~ and ~~patient records~~
709		-	29 ~~for~~ drug~~-drug, drug-food, drug-disease, and drug-clinical~~
710		-	30 ~~laboratory interactions.~~
711		-	31 ~~(3) Evaluation~~ of ~~prescriptions or~~ drug ~~orders and patient records~~
712		-	32 ~~for adverse drug reactions.~~
713		-	33 ~~(4) Evaluation of prescriptions or drug orders and patient records~~
714		-	34 ~~for proper utilization~~ and ~~optimal therapeutic outcomes.~~
715		-	35 ~~"Drug utilization~~ review~~" means~~ a ~~program designed to measure and~~
716		-	36 ~~assess on a retrospective and prospective basis~~ the ~~proper use of drugs.~~
717		-	37 ~~"Device" means an instrument,~~ ~~apparatus, implement,~~ ~~machine,~~
718		-	38 ~~contrivance~~, ~~implant~~, ~~in vitro reagent, or other similar or related article~~
719		-	39 ~~including any component part or accessory~~, ~~which is:~~
720		-	40 ~~(1) recognized in the official United States Pharmacopoeia,~~
721		-	41 ~~official National Formulary,~~ or ~~any supplement to them;~~
722		-	42 ~~(2) intended~~ for ~~use in the diagnosis of disease or other conditions~~
	679	+	1 "Coronavirus disease" means the disease caused by the severe acute
	680	+	2 respiratory syndrome coronavirus 2 virus (SARS-CoV-2).
	681	+	3 "Counseling" means effective communication between a pharmacist
	682	+	4 and a patient concerning the contents, drug to drug interactions, route,
	683	+	5 dosage, form, directions for use, precautions, and effective use of a
	684	+	6 drug or device to improve the therapeutic outcome of the patient
	685	+	7 through the effective use of the drug or device.
	686	+	8 "Dispensing" means issuing one (1) or more doses of a drug in a
	687	+	9 suitable container with appropriate labeling for subsequent
	688	+	10 administration to or use by a patient.
	689	+	11 "Drug" means:
	690	+	12 (1) articles or substances recognized in the official United States
	691	+	13 Pharmacopoeia, official National Formulary, official
	692	+	14 Homeopathic Pharmacopoeia of the United States, or any
	693	+	15 supplement to any of them;
	694	+	16 (2) articles or substances intended for use in the diagnosis, cure,
	695	+	17 mitigation, treatment, or prevention of disease in man or animals;
	696	+	18 (3) articles other than food intended to affect the structure or any
	697	+	19 function of the body of man or animals; or
	698	+	20 (4) articles intended for use as a component of any article
	699	+	21 specified in subdivisions (1) through (3) and devices.
	700	+	22 "Drug order" means a written order in a hospital or other health care
	701	+	23 institution for an ultimate user for any drug or device, issued and
	702	+	24 signed by a practitioner, or an order transmitted by other means of
	703	+	25 communication from a practitioner, which is immediately reduced to
	704	+	26 writing by the pharmacist, registered nurse, or other licensed health
	705	+	27 care practitioner authorized by the hospital or institution. The order
	706	+	28 shall contain the name and bed number of the patient; the name and
	707	+	29 strength or size of the drug or device; unless specified by individual
	708	+	30 institution policy or guideline, the amount to be dispensed either in
	709	+	31 quantity or days; adequate directions for the proper use of the drug or
	710	+	32 device when it is administered to the patient; and the name of the
	711	+	33 prescriber.
	712	+	34 "Drug regimen review" means the retrospective, concurrent, and
	713	+	35 prospective review by a pharmacist of a patient's drug related history
	714	+	36 that includes the following areas:
	715	+	37 (1) Evaluation of prescriptions or drug orders and patient records
	716	+	38 for drug allergies, rational therapy contradictions, appropriate
	717	+	39 dose and route of administration, appropriate directions for use,
	718	+	40 or duplicative therapies.
	719	+	41 (2) Evaluation of prescriptions or drug orders and patient records
	720	+	42 for drug-drug, drug-food, drug-disease, and drug-clinical
723	721		HB 1158—LS 7067/DI 137 17
724		-	1 ~~or the cure, mitigation, treatment, or prevention of disease in man~~
725		-	2 or ~~other animals;~~ or
726		-	3 ~~(3) intended to affect the structure or any function of the body of~~
727		-	4 ~~man~~ or ~~other animals~~ and ~~which does not achieve any of its~~
728		-	5 ~~principal intended purposes through chemical action within or on~~
729		-	6 ~~the body of man or other animals~~ and ~~which is not dependent~~
730		-	7 ~~upon being metabolized for~~ the ~~achievement~~ of ~~any of its~~
731		-	8 ~~principal intended purposes.~~
732		-	9 ~~"Electronic data intermediary"~~ ~~means an entity that provides the~~
733		-	10 ~~infrastructure that connects a computer system~~ or ~~another electronic~~
734		-	11 ~~device used by a prescribing practitioner with a computer system or~~
735		-	12 ~~another electronic device used by a pharmacy~~ to ~~facilitate the secure~~
736		-	13 ~~transmission~~ of:
737		-	14 ~~(1) an electronic prescription order;~~
738		-	15 ~~(2) a refill authorization request;~~
739		-	16 (3) ~~a communication;~~ ~~and~~
740		-	17 ~~(4)~~ other ~~patient care information;~~
741		-	18 ~~between a practitioner and a pharmacy.~~
742		-	19 ~~"Electronic signature"~~ ~~means an electronic sound, symbol,~~ or
743		-	20 ~~process:~~
744		-	21 ~~(1) attached to or logically associated with a record; and~~
745		-	22 ~~(2) executed or adopted by a person;~~
746		-	23 ~~with the intent to sign the record.~~
747		-	24 ~~"Electronically transmitted"~~ or ~~"electronic transmission" means the~~
748		-	25 ~~transmission of~~ a ~~prescription in electronic form.~~ The ~~term does not~~
749		-	26 ~~include the~~ transmission of ~~a prescription by facsimile.~~
750		-	27 ~~"Investigational or new drug"~~ ~~means any drug which is limited by~~
751		-	28 ~~state or federal law to use under professional supervision of~~ a
752		-	29 ~~practitioner authorized by law to prescribe or administer such drug.~~
753		-	30 ~~"Legend drug"~~ ~~has the meaning set forth in IC 16-18-2-199.~~
754		-	31 ~~"License"~~ and ~~"permit" are interchangeable and mean~~ a ~~written~~
755		-	32 ~~certificate from the Indiana board of pharmacy for the practice of~~
756		-	33 ~~pharmacy or the operation of a pharmacy.~~
757		-	34 ~~"Medication therapy management"~~ ~~means~~ a ~~distinct service or group~~
758		-	35 ~~of services that optimize therapeutic outcomes for individuals that are~~
759		-	36 ~~independent of, but may occur in conjunction~~ with, the ~~provision of a~~
760		-	37 ~~medication~~ or ~~medical device.~~ The ~~term includes the following~~
761		-	38 ~~services:~~
762		-	39 ~~(1) Performing or obtaining assessments~~ of ~~an individual's health~~
763		-	40 ~~status.~~
764		-	41 ~~(2) Formulating~~ a ~~medication treatment plan.~~
765		-	42 ~~(3) Selecting,~~ ~~initiating, modifying,~~ or ~~administering medication~~
	722	+	1 laboratory interactions.
	723	+	2 (3) Evaluation of prescriptions or drug orders and patient records
	724	+	3 for adverse drug reactions.
	725	+	4 (4) Evaluation of prescriptions or drug orders and patient records
	726	+	5 for proper utilization and optimal therapeutic outcomes.
	727	+	6 "Drug utilization review" means a program designed to measure and
	728	+	7 assess on a retrospective and prospective basis the proper use of drugs.
	729	+	8 "Device" means an instrument, apparatus, implement, machine,
	730	+	9 contrivance, implant, in vitro reagent, or other similar or related article
	731	+	10 including any component part or accessory, which is:
	732	+	11 (1) recognized in the official United States Pharmacopoeia,
	733	+	12 official National Formulary, or any supplement to them;
	734	+	13 (2) intended for use in the diagnosis of disease or other conditions
	735	+	14 or the cure, mitigation, treatment, or prevention of disease in man
	736	+	15 or other animals; or
	737	+	16 (3) intended to affect the structure or any function of the body of
	738	+	17 man or other animals and which does not achieve any of its
	739	+	18 principal intended purposes through chemical action within or on
	740	+	19 the body of man or other animals and which is not dependent
	741	+	20 upon being metabolized for the achievement of any of its
	742	+	21 principal intended purposes.
	743	+	22 "Electronic data intermediary" means an entity that provides the
	744	+	23 infrastructure that connects a computer system or another electronic
	745	+	24 device used by a prescribing practitioner with a computer system or
	746	+	25 another electronic device used by a pharmacy to facilitate the secure
	747	+	26 transmission of:
	748	+	27 (1) an electronic prescription order;
	749	+	28 (2) a refill authorization request;
	750	+	29 (3) a communication; and
	751	+	30 (4) other patient care information;
	752	+	31 between a practitioner and a pharmacy.
	753	+	32 "Electronic signature" means an electronic sound, symbol, or
	754	+	33 process:
	755	+	34 (1) attached to or logically associated with a record; and
	756	+	35 (2) executed or adopted by a person;
	757	+	36 with the intent to sign the record.
	758	+	37 "Electronically transmitted" or "electronic transmission" means the
	759	+	38 transmission of a prescription in electronic form. The term does not
	760	+	39 include the transmission of a prescription by facsimile.
	761	+	40 "Investigational or new drug" means any drug which is limited by
	762	+	41 state or federal law to use under professional supervision of a
	763	+	42 practitioner authorized by law to prescribe or administer such drug.
766	764		HB 1158—LS 7067/DI 137 18
767		-	1 ~~therapy~~.
768		-	2 ~~(4) Monitoring~~ and ~~evaluating an individual's response to therapy,~~
769		-	3 ~~including safety and effectiveness.~~
770		-	4 ~~(5) Performing~~ a ~~comprehensive medication review to identify,~~
771		-	5 ~~resolve, and prevent~~ medication ~~related problems,~~ ~~including~~
772		-	6 ~~adverse drug events.~~
773		-	7 ~~(6) Documenting~~ the ~~care delivered and communicating essential~~
774		-	8 ~~information to~~ the ~~patient's other health care providers.~~
775		-	9 ~~(7) Providing education and training designed to enhance patient~~
776		-	10 ~~understanding and appropriate use~~ of ~~the~~ individual's ~~medications.~~
777		-	11 ~~(8) Providing information and support services and resources~~
778		-	12 ~~designed to enhance patient adherence with the individual's~~
779		-	13 ~~therapeutic regimens~~, ~~including~~ medication ~~synchronization.~~
780		-	14 ~~(9) Coordinating and integrating medication~~ therapy ~~management~~
781		-	15 ~~services within the broader health care services being provided~~ to
782		-	16 ~~an individual~~.
783		-	17 (10) ~~Providing other patient care services allowable by law.~~
784		-	18 ~~"Nonprescription drug"~~ ~~means a drug that may be sold without a~~
785		-	19 ~~prescription and that is labeled for use by a patient in accordance with~~
786		-	20 ~~state~~ and ~~federal laws.~~
787		-	21 ~~"Person" means any individual,~~ ~~partnership, copartnership,~~ ~~firm,~~
788		-	22 ~~company, corporation,~~ ~~association, joint stock company,~~ ~~trust, estate,~~
789		-	23 ~~or municipality,~~ ~~or a legal representative or agent, unless this chapter~~
790		-	24 ~~expressly provides otherwise.~~
791		-	25 ~~"Practitioner" has~~ the ~~meaning set forth in IC 16-42-19-5.~~
792		-	26 ~~"Pharmacist" means a person licensed under this chapter~~.
793		-	27 ~~"Pharmacist intern"~~ ~~means a person who is:~~
794		-	28 ~~(1) permitted by~~ the ~~board~~ to ~~engage in the practice of pharmacy~~
795		-	29 ~~while under the personal supervision of a pharmacist and who is~~
796		-	30 ~~satisfactorily progressing toward meeting the requirements for~~
797		-	31 ~~licensure as~~ a ~~pharmacist;~~
798		-	32 ~~(2)~~ a ~~graduate of an approved college of pharmacy or a graduate~~
799		-	33 ~~who has established educational equivalency by obtaining a~~
800		-	34 ~~Foreign Pharmacy Graduate Examination Committee Certificate~~
801		-	35 ~~and who is permitted by the board to obtain practical experience~~
802		-	36 as a ~~requirement for licensure as a pharmacist;~~
803		-	37 ~~(3) a qualified applicant awaiting examination for licensure; or~~
804		-	38 ~~(4) an individual participating~~ in ~~a residency or fellowship~~
805		-	39 ~~program~~.
806		-	40 "~~Pharmacy~~" means ~~any facility,~~ ~~department, or other place where~~
807		-	41 ~~prescriptions are filled or compounded and are sold,~~ ~~dispensed, offered,~~
808		-	42 ~~or displayed for sale~~ and ~~which has as its principal purpose the~~
	765	+	1 "Legend drug" has the meaning set forth in IC 16-18-2-199.
	766	+	2 "License" and "permit" are interchangeable and mean a written
	767	+	3 certificate from the Indiana board of pharmacy for the practice of
	768	+	4 pharmacy or the operation of a pharmacy.
	769	+	5 "Medication therapy management" means a distinct service or group
	770	+	6 of services that optimize therapeutic outcomes for individuals that are
	771	+	7 independent of, but may occur in conjunction with, the provision of a
	772	+	8 medication or medical device. The term includes the following
	773	+	9 services:
	774	+	10 (1) Performing or obtaining assessments of an individual's health
	775	+	11 status.
	776	+	12 (2) Formulating a medication treatment plan.
	777	+	13 (3) Selecting, initiating, modifying, or administering medication
	778	+	14 therapy.
	779	+	15 (4) Monitoring and evaluating an individual's response to therapy,
	780	+	16 including safety and effectiveness.
	781	+	17 (5) Performing a comprehensive medication review to identify,
	782	+	18 resolve, and prevent medication related problems, including
	783	+	19 adverse drug events.
	784	+	20 (6) Documenting the care delivered and communicating essential
	785	+	21 information to the patient's other health care providers.
	786	+	22 (7) Providing education and training designed to enhance patient
	787	+	23 understanding and appropriate use of the individual's medications.
	788	+	24 (8) Providing information and support services and resources
	789	+	25 designed to enhance patient adherence with the individual's
	790	+	26 therapeutic regimens, including medication synchronization.
	791	+	27 (9) Coordinating and integrating medication therapy management
	792	+	28 services within the broader health care services being provided to
	793	+	29 an individual.
	794	+	30 (10) Providing other patient care services allowable by law.
	795	+	31 "Nonprescription drug" means a drug that may be sold without a
	796	+	32 prescription and that is labeled for use by a patient in accordance with
	797	+	33 state and federal laws.
	798	+	34 "Person" means any individual, partnership, copartnership, firm,
	799	+	35 company, corporation, association, joint stock company, trust, estate,
	800	+	36 or municipality, or a legal representative or agent, unless this chapter
	801	+	37 expressly provides otherwise.
	802	+	38 "Practitioner" has the meaning set forth in IC 16-42-19-5.
	803	+	39 "Pharmacist" means a person licensed under this chapter.
	804	+	40 "Pharmacist intern" means a person who is:
	805	+	41 (1) permitted by the board to engage in the practice of pharmacy
	806	+	42 while under the personal supervision of a pharmacist and who is
809	807		HB 1158—LS 7067/DI 137 19
810		-	1 ~~dispensing of drug and health supplies intended for~~ the ~~general health,~~
811		-	2 ~~welfare, and safety of the public, without placing any other activity on~~
812		-	3 a ~~more important level than the practice~~ of pharmacy.
813		-	4 ~~"The practice of pharmacy"~~ ~~or "the~~ ~~practice of the profession of~~
814		-	5 pharmacy~~" means a patient oriented health care profession in which~~
815		-	6 ~~pharmacists interact with~~ and ~~counsel patients and with other health~~
816		-	7 ~~care professionals concerning drugs and devices used to enhance~~
817		-	8 ~~patients' wellness, prevent illness, and optimize the outcome of~~ a ~~drug~~
818		-	9 or ~~device, by accepting responsibility for performing or supervising a~~
819		-	10 ~~pharmacist intern or an unlicensed person under section 18~~.~~5 of this~~
820		-	11 ~~chapter to do the following acts~~, ~~services~~, ~~and operations:~~
821		-	12 ~~(1) The offering of~~ or ~~performing of those acts~~, ~~service operations~~,
822		-	13 or ~~transactions incidental to~~ the ~~interpretation, evaluation, and~~
823		-	14 ~~implementation~~ of ~~prescriptions or~~ drug ~~orders.~~
824		-	15 ~~(2)~~ The ~~compounding~~, ~~labeling, administering,~~ ~~dispensing, or~~
825		-	16 ~~selling~~ of ~~drugs and devices, including radioactive substances,~~
826		-	17 ~~whether dispensed under a practitioner's prescription~~ or ~~drug~~
827		-	18 ~~order or sold or given directly to the ultimate consumer.~~
828		-	19 ~~(3) The proper~~ and ~~safe storage~~ and ~~distribution of drugs and~~
829		-	20 devices.
830		-	21 ~~(4)~~ The ~~maintenance~~ of ~~proper records of the receipt, storage,~~
831		-	22 ~~sale~~, ~~and dispensing of drugs and devices.~~
832		-	23 (5~~) Counseling,~~ ~~advising, and educating patients, patients'~~
833		-	24 ~~caregivers~~, and ~~health care providers and professionals, as~~
834		-	25 ~~necessary, as to~~ the ~~contents~~, ~~therapeutic values~~, ~~uses, significant~~
835		-	26 ~~problems~~, ~~risks~~, and ~~appropriate manner of use of drugs and~~
836		-	27 ~~devices~~.
837		-	28 (6) ~~Assessing, recording, and reporting events related to~~ the ~~use~~
838		-	29 of drugs or devices.
839		-	30 ~~(7) Provision of the professional acts,~~ ~~professional decisions, and~~
840		-	31 ~~professional services necessary~~ to ~~maintain all areas of a patient's~~
841		-	32 ~~pharmacy related care as specifically authorized to a pharmacist~~
842		-	33 ~~under this article~~.
843		-	34 (8) ~~Provision~~ of ~~medication therapy management.~~
844		-	35 ~~"Prescription" means a written order or an order transmitted by other~~
845		-	36 ~~means of communication from a practitioner to or for an ultimate user~~
846		-	37 ~~for any drug or device containing:~~
847		-	38 ~~(1)~~ the ~~name and address of the patient;~~
848		-	39 ~~(2) the date~~ of ~~issue;~~
849		-	40 ~~(3) the name and strength or size (if applicable) of the drug or~~
850		-	41 ~~device;~~
851		-	42 ~~(4) the amount to be dispensed (unless indicated by directions and~~
	808	+	1 satisfactorily progressing toward meeting the requirements for
	809	+	2 licensure as a pharmacist;
	810	+	3 (2) a graduate of an approved college of pharmacy or a graduate
	811	+	4 who has established educational equivalency by obtaining a
	812	+	5 Foreign Pharmacy Graduate Examination Committee Certificate
	813	+	6 and who is permitted by the board to obtain practical experience
	814	+	7 as a requirement for licensure as a pharmacist;
	815	+	8 (3) a qualified applicant awaiting examination for licensure; or
	816	+	9 (4) an individual participating in a residency or fellowship
	817	+	10 program.
	818	+	11 "Pharmacy" means any facility, department, or other place where
	819	+	12 prescriptions are filled or compounded and are sold, dispensed, offered,
	820	+	13 or displayed for sale and which has as its principal purpose the
	821	+	14 dispensing of drug and health supplies intended for the general health,
	822	+	15 welfare, and safety of the public, without placing any other activity on
	823	+	16 a more important level than the practice of pharmacy.
	824	+	17 "The practice of pharmacy" or "the practice of the profession of
	825	+	18 pharmacy" means a patient oriented health care profession in which
	826	+	19 pharmacists interact with and counsel patients and with other health
	827	+	20 care professionals concerning drugs and devices used to enhance
	828	+	21 patients' wellness, prevent illness, and optimize the outcome of a drug
	829	+	22 or device, by accepting responsibility for performing or supervising a
	830	+	23 pharmacist intern or an unlicensed person under section 18.5 of this
	831	+	24 chapter to do the following acts, services, and operations:
	832	+	25 (1) The offering of or performing of those acts, service operations,
	833	+	26 or transactions incidental to the interpretation, evaluation, and
	834	+	27 implementation of prescriptions or drug orders.
	835	+	28 (2) The compounding, labeling, administering, dispensing, or
	836	+	29 selling of drugs and devices, including radioactive substances,
	837	+	30 whether dispensed under a practitioner's prescription or drug
	838	+	31 order or sold or given directly to the ultimate consumer.
	839	+	32 (3) The proper and safe storage and distribution of drugs and
	840	+	33 devices.
	841	+	34 (4) The maintenance of proper records of the receipt, storage,
	842	+	35 sale, and dispensing of drugs and devices.
	843	+	36 (5) Counseling, advising, and educating patients, patients'
	844	+	37 caregivers, and health care providers and professionals, as
	845	+	38 necessary, as to the contents, therapeutic values, uses, significant
	846	+	39 problems, risks, and appropriate manner of use of drugs and
	847	+	40 devices.
	848	+	41 (6) Assessing, recording, and reporting events related to the use
	849	+	42 of drugs or devices.
852	850		HB 1158—LS 7067/DI 137 20
853		-	1 ~~duration~~ of ~~therapy);~~
854		-	2 ~~(5) adequate directions for the proper use~~ of ~~the drug or device by~~
855		-	3 ~~the patient;~~
856		-	4 ~~(6) the name of the practitioner; and~~
857		-	5 (7) ~~if the prescription:~~
858		-	6 (A~~) is in~~ written ~~form, the signature of the practitioner;~~ or
859		-	7 ~~(B) is in electronic form, the electronic signature~~ of ~~the~~
860		-	8 ~~practitioner.~~
861		-	9 ~~"Qualifying pharmacist" means~~ the ~~pharmacist who will qualify~~ the
862		-	10 ~~pharmacy by being responsible to~~ the ~~board for the legal operations~~ of
863		-	11 the ~~pharmacy under~~ the ~~permit.~~
864		-	12 ~~"Record" means all papers, letters, memoranda, notes, prescriptions,~~
865		-	13 ~~drug orders,~~ ~~invoices, statements,~~ ~~patient medication charts or files,~~
866		-	14 ~~computerized records,~~ ~~or other written indicia, documents, or objects~~
867		-	15 ~~which are used in any way in connection with~~ the ~~purchase, sale,~~ or
868		-	16 ~~handling of any drug or device.~~
869		-	17 ~~"Sale" means every sale~~ and ~~includes:~~
870		-	18 (1) ~~manufacturing, processing,~~ ~~transporting, handling, packaging,~~
871		-	19 ~~or any other production~~, ~~preparation,~~ or ~~repackaging;~~
872		-	20 (2) ~~exposure~~, ~~offer, or any other proffer;~~
873		-	21 ~~(3) holding, storing, or any other possession;~~
874		-	22 ~~(4) dispensing,~~ ~~giving, delivering,~~ ~~or any other supplying;~~ ~~and~~
875		-	23 ~~(5) applying,~~ ~~administering, or any other using.~~
876		-	24 ~~SECTION 31~~. ~~IC 25-26-13-3, AS AMENDED BY P.L.249-2019,~~
877		-	25 ~~SECTION 113~~, ~~IS AMENDED TO READ AS FOLLOWS~~
878		-	26 ~~[EFFECTIVE JULY 1~~, ~~2022]: Sec.~~ ~~3. (a) The Indiana board of~~
879		-	27 ~~pharmacy is created.~~ ~~The board consists of seven (7) members~~
880		-	28 ~~appointed by~~ the ~~governor for terms under IC 25-1-6.5.~~
881		-	29 ~~(b) Subject to IC 25-1-6.5-3, the board consists~~ of ~~the following:~~
882		-	30 ~~(1) One (1) member of the board, to represent the general public,~~
883		-	31 ~~who is a resident of this state who has never been associated with~~
884		-	32 ~~pharmacy in~~ any ~~way~~ other ~~than as a consumer.~~
885		-	33 (2) ~~Six (6) Five (5) members who are pharmacists in good~~
886		-	34 ~~standing of recognized experience and ability from varied practice~~
887		-	35 ~~settings who hold a current license to practice pharmacy in~~
888		-	36 ~~Indiana~~, ~~including one (1) member of the board who must be a~~
889		-	37 ~~practicing hospital pharmacist~~.
890		-	38 ~~(3) One (1) member who~~ is ~~a pharmacy technician in good~~
891		-	39 ~~standing~~, ~~engaged in active practice as a pharmacy technician,~~
892		-	40 ~~and holds a current certification from~~ the ~~Pharmacy~~
893		-	41 ~~Technician Certification Board~~.
894		-	42 (c) ~~A member may be removed under~~ IC 25-1-6.5-4.
	851	+	1 (7) Provision of the professional acts, professional decisions, and
	852	+	2 professional services necessary to maintain all areas of a patient's
	853	+	3 pharmacy related care as specifically authorized to a pharmacist
	854	+	4 under this article.
	855	+	5 (8) Provision of medication therapy management.
	856	+	6 "Prescription" means a written order or an order transmitted by other
	857	+	7 means of communication from a practitioner to or for an ultimate user
	858	+	8 for any drug or device containing:
	859	+	9 (1) the name and address of the patient;
	860	+	10 (2) the date of issue;
	861	+	11 (3) the name and strength or size (if applicable) of the drug or
	862	+	12 device;
	863	+	13 (4) the amount to be dispensed (unless indicated by directions and
	864	+	14 duration of therapy);
	865	+	15 (5) adequate directions for the proper use of the drug or device by
	866	+	16 the patient;
	867	+	17 (6) the name of the practitioner; and
	868	+	18 (7) if the prescription:
	869	+	19 (A) is in written form, the signature of the practitioner; or
	870	+	20 (B) is in electronic form, the electronic signature of the
	871	+	21 practitioner.
	872	+	22 "Qualifying pharmacist" means the pharmacist who will qualify the
	873	+	23 pharmacy by being responsible to the board for the legal operations of
	874	+	24 the pharmacy under the permit.
	875	+	25 "Record" means all papers, letters, memoranda, notes, prescriptions,
	876	+	26 drug orders, invoices, statements, patient medication charts or files,
	877	+	27 computerized records, or other written indicia, documents, or objects
	878	+	28 which are used in any way in connection with the purchase, sale, or
	879	+	29 handling of any drug or device.
	880	+	30 "Sale" means every sale and includes:
	881	+	31 (1) manufacturing, processing, transporting, handling, packaging,
	882	+	32 or any other production, preparation, or repackaging;
	883	+	33 (2) exposure, offer, or any other proffer;
	884	+	34 (3) holding, storing, or any other possession;
	885	+	35 (4) dispensing, giving, delivering, or any other supplying; and
	886	+	36 (5) applying, administering, or any other using.
	887	+	37 SECTION 32. IC 25-26-13-3, AS AMENDED BY P.L.249-2019,
	888	+	38 SECTION 113, IS AMENDED TO READ AS FOLLOWS
	889	+	39 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The Indiana board of
	890	+	40 pharmacy is created. The board consists of seven (7) members
	891	+	41 appointed by the governor for terms under IC 25-1-6.5.
	892	+	42 (b) Subject to IC 25-1-6.5-3, the board consists of the following:
895	893		HB 1158—LS 7067/DI 137 21
896		-	1 (d) ~~Not later than ten~~ (10) ~~days after a member's appointment~~, the
897		-	2 ~~member must subscribe by oath or affirmation to faithfully uphold the~~
898		-	3 ~~duties of the member's office.~~ If a ~~member fails to qualify as provided,~~
899		-	4 ~~a new member shall be appointed~~ in ~~the member's place.~~
900		-	5 ~~(e) At the first meeting~~ of ~~each year the board shall elect~~ from
901		-	6 ~~among its members~~ a ~~president and vice president who shall perform~~
902		-	7 ~~duties and have powers as~~ the board ~~prescribes.~~
903		-	8 ~~(f) The board shall meet at least eight (8) times per year at such~~
904		-	9 ~~times and places as the board selects.~~ ~~At each meeting the board shall~~
905		-	10 ~~continue~~ in ~~session from day to day~~, ~~for not more than five (5) days,~~
906		-	11 ~~until~~ the ~~business of the meeting is complete. Four (4) members of the~~
907		-	12 board ~~shall constitute a quorum~~.
908		-	13 (g) ~~Each~~ member ~~of the board is entitled to compensation as~~
909		-	14 ~~determined by~~ the ~~rules of the budget agency for each day the member~~
910		-	15 ~~is actually engaged in business of~~ the ~~board, together with necessary~~
911		-	16 ~~travel and other expenses incurred in the performance~~ of the member's
912		-	17 ~~duties~~.
913		-	18 (h) ~~Approval by a majority~~ of the ~~quorum is required for any action~~
914		-	19 ~~to be taken by the board.~~
915		-	20 ~~SECTION 32.~~ ~~IC 25-26-13-10,~~ AS ~~AMENDED BY P~~.~~L.101-2020,~~
916		-	21 ~~SECTION 4,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
917		-	22 ~~JULY 1,~~ ~~2022]: Sec. 10. (a) An applicant for registration~~ as a
918		-	23 ~~pharmacist intern must furnish proof satisfactory~~ to ~~the board that the~~
919		-	24 ~~applicant:~~
920		-	25 ~~(1) is actively enrolled in~~ a ~~school of pharmacy accredited by the~~
921		-	26 ~~American Council~~ of ~~Pharmaceutical for Pharmacy Education;~~
922		-	27 ~~(2) has obtained~~ the ~~Foreign Pharmacy Graduate Examination~~
923		-	28 ~~Committee Certificate;~~ or
924		-	29 ~~(3) is a qualified applicant awaiting~~ the ~~examination for licensure~~
925		-	30 ~~as a pharmacist~~.
926		-	31 (b) A ~~registration issued under subsection (a)~~ is ~~valid~~ for ~~one (1)~~
927		-	32 ~~year and may~~ be ~~renewed~~ by the board ~~in accordance with subsection~~
928		-	33 ~~(c) until the expiration date established~~ by ~~the Indiana professional~~
929		-	34 ~~licensing agency under IC 25-1-5-4.~~
930		-	35 (c) An ~~application~~ for registration ~~or renewal must be accompanied~~
931		-	36 by the ~~appropriate fee and one (1) of~~ the ~~following:~~
932		-	37 ~~(1) Proof of having obtained the Foreign Pharmacy Graduate~~
933		-	38 ~~Examination Committee Certificate.~~
934		-	39 ~~(2) Proof~~ of ~~active enrollment in a school of~~ pharmacy ~~accredited~~
935		-	40 by the ~~American Council of Pharmaceutical for~~ Pharmacy
936		-	41 ~~Education.~~
937		-	42 ~~SECTION 33.~~ ~~IC 25-26-13-11, AS AMENDED BY P.L.98-2006,~~
	894	+	1 (1) One (1) member of the board, to represent the general public,
	895	+	2 who is a resident of this state who has never been associated with
	896	+	3 pharmacy in any way other than as a consumer.
	897	+	4 (2) Six (6) Five (5) members who are pharmacists in good
	898	+	5 standing of recognized experience and ability from varied practice
	899	+	6 settings who hold a current license to practice pharmacy in
	900	+	7 Indiana, including one (1) member of the board who must be a
	901	+	8 practicing hospital pharmacist.
	902	+	9 (3) One (1) member who is a pharmacy technician in good
	903	+	10 standing, engaged in active practice as a pharmacy technician,
	904	+	11 and holds a current certification from the Pharmacy
	905	+	12 Technician Certification Board.
	906	+	13 (c) A member may be removed under IC 25-1-6.5-4.
	907	+	14 (d) Not later than ten (10) days after a member's appointment, the
	908	+	15 member must subscribe by oath or affirmation to faithfully uphold the
	909	+	16 duties of the member's office. If a member fails to qualify as provided,
	910	+	17 a new member shall be appointed in the member's place.
	911	+	18 (e) At the first meeting of each year the board shall elect from
	912	+	19 among its members a president and vice president who shall perform
	913	+	20 duties and have powers as the board prescribes.
	914	+	21 (f) The board shall meet at least eight (8) times per year at such
	915	+	22 times and places as the board selects. At each meeting the board shall
	916	+	23 continue in session from day to day, for not more than five (5) days,
	917	+	24 until the business of the meeting is complete. Four (4) members of the
	918	+	25 board shall constitute a quorum.
	919	+	26 (g) Each member of the board is entitled to compensation as
	920	+	27 determined by the rules of the budget agency for each day the member
	921	+	28 is actually engaged in business of the board, together with necessary
	922	+	29 travel and other expenses incurred in the performance of the member's
	923	+	30 duties.
	924	+	31 (h) Approval by a majority of the quorum is required for any action
	925	+	32 to be taken by the board.
	926	+	33 SECTION 33. IC 25-26-13-10, AS AMENDED BY P.L.101-2020,
	927	+	34 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	928	+	35 JULY 1, 2022]: Sec. 10. (a) An applicant for registration as a
	929	+	36 pharmacist intern must furnish proof satisfactory to the board that the
	930	+	37 applicant:
	931	+	38 (1) is actively enrolled in a school of pharmacy accredited by the
	932	+	39 American Council of Pharmaceutical for Pharmacy Education;
	933	+	40 (2) has obtained the Foreign Pharmacy Graduate Examination
	934	+	41 Committee Certificate; or
	935	+	42 (3) is a qualified applicant awaiting the examination for licensure
938	936		HB 1158—LS 7067/DI 137 22
939		-	1 ~~SECTION 6, IS AMENDED TO READ~~ AS ~~FOLLOWS [EFFECTIVE~~
940		-	2 ~~JULY 1,~~ ~~2022]: Sec.~~ ~~11.~~ (a) ~~To be eligible~~ for ~~licensure as a~~
941		-	3 ~~pharmacist, an individual must file such evidence as is required~~ by the
942		-	4 ~~board that:~~
943		-	5 (1~~) the individual is at least eighteen (18) years of age;~~
944		-	6 (2) ~~the individual does not have a conviction~~ for ~~a crime that has~~
945		-	7 ~~a direct bearing on~~ the ~~individual's ability to practice competently;~~
946		-	8 (3) the ~~individual:~~
947		-	9 ~~(A) has graduated with a professional degree from a school of~~
948		-	10 pharmacy accredited ~~by the American Council of~~
949		-	11 Pharmaceutical for Pharmacy ~~Education or the Canadian~~
950		-	12 ~~Council on Pharmacy Accreditation for Accreditation of~~
951		-	13 ~~Pharmacy Programs and approved~~ by ~~the board; or~~
952		-	14 ~~(B) has:~~
953		-	15 (i) ~~graduated with~~ a ~~professional degree from a school of~~
954		-	16 ~~pharmacy located outside~~ the ~~United States and Canada; and~~
955		-	17 ~~(ii) met the requirements under subsection (c); and~~
956		-	18 (4) the individual ~~has satisfactorily completed a pharmacist intern~~
957		-	19 ~~program approved by~~ the ~~board.~~
958		-	20 ~~(b) An applicant who has graduated with~~ a ~~professional degree from~~
959		-	21 ~~a school of pharmacy accredited by~~ the ~~Canadian Council on Pharmacy~~
960		-	22 ~~Accreditation for Accreditation~~ of ~~Pharmacy Programs and~~
961		-	23 ~~approved~~ by the ~~board must obtain the Foreign Pharmacy Graduate~~
962		-	24 ~~Examination Committee Certificate administered by~~ the ~~National~~
963		-	25 ~~Association of Boards of~~ Pharmacy ~~before taking the examination~~
964		-	26 ~~required under subsection (d).~~
965		-	27 (c) ~~An applicant who~~ has ~~graduated with a professional degree from~~
966		-	28 a school of ~~pharmacy located outside the United States and Canada~~
967		-	29 ~~must do~~ the ~~following:~~
968		-	30 (1) ~~Provide~~ the ~~board with verification of the applicant's academic~~
969		-	31 ~~record and graduation.~~
970		-	32 ~~(2) Obtain~~ the ~~Foreign Pharmacy Graduate Examination~~
971		-	33 ~~Committee Certificate administered by the National Association~~
972		-	34 ~~of Boards~~ of Pharmacy.
973		-	35 ~~(d) After filing an application on a form provided by the board,~~
974		-	36 ~~submitting~~ the ~~information required in subsection (a), and successfully~~
975		-	37 ~~completing the examination~~ administered by the ~~board, the applicant~~
976		-	38 ~~may be licensed as a pharmacist.~~
977		-	39 ~~SECTION 34~~. ~~IC 25-26-13-12, AS AMENDED BY P.L.98-2006,~~
978		-	40 ~~SECTION 7,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
979		-	41 ~~JULY 1,~~ ~~2022]: Sec.~~ ~~12. (a) An individual who is licensed as a~~
980		-	42 ~~pharmacist in another state where~~ the ~~requirements for licensure were~~
	937	+	1 as a pharmacist.
	938	+	2 (b) A registration issued under subsection (a) is valid for one (1)
	939	+	3 year and may be renewed by the board in accordance with subsection
	940	+	4 (c) until the expiration date established by the Indiana professional
	941	+	5 licensing agency under IC 25-1-5-4.
	942	+	6 (c) An application for registration or renewal must be accompanied
	943	+	7 by the appropriate fee and one (1) of the following:
	944	+	8 (1) Proof of having obtained the Foreign Pharmacy Graduate
	945	+	9 Examination Committee Certificate.
	946	+	10 (2) Proof of active enrollment in a school of pharmacy accredited
	947	+	11 by the American Council of Pharmaceutical for Pharmacy
	948	+	12 Education.
	949	+	13 SECTION 34. IC 25-26-13-11, AS AMENDED BY P.L.98-2006,
	950	+	14 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	951	+	15 JULY 1, 2022]: Sec. 11. (a) To be eligible for licensure as a
	952	+	16 pharmacist, an individual must file such evidence as is required by the
	953	+	17 board that:
	954	+	18 (1) the individual is at least eighteen (18) years of age;
	955	+	19 (2) the individual does not have a conviction for a crime that has
	956	+	20 a direct bearing on the individual's ability to practice competently;
	957	+	21 (3) the individual:
	958	+	22 (A) has graduated with a professional degree from a school of
	959	+	23 pharmacy accredited by the American Council of
	960	+	24 Pharmaceutical for Pharmacy Education or the Canadian
	961	+	25 Council on Pharmacy Accreditation for Accreditation of
	962	+	26 Pharmacy Programs and approved by the board; or
	963	+	27 (B) has:
	964	+	28 (i) graduated with a professional degree from a school of
	965	+	29 pharmacy located outside the United States and Canada; and
	966	+	30 (ii) met the requirements under subsection (c); and
	967	+	31 (4) the individual has satisfactorily completed a pharmacist intern
	968	+	32 program approved by the board.
	969	+	33 (b) An applicant who has graduated with a professional degree from
	970	+	34 a school of pharmacy accredited by the Canadian Council on Pharmacy
	971	+	35 Accreditation for Accreditation of Pharmacy Programs and
	972	+	36 approved by the board must obtain the Foreign Pharmacy Graduate
	973	+	37 Examination Committee Certificate administered by the National
	974	+	38 Association of Boards of Pharmacy before taking the examination
	975	+	39 required under subsection (d).
	976	+	40 (c) An applicant who has graduated with a professional degree from
	977	+	41 a school of pharmacy located outside the United States and Canada
	978	+	42 must do the following:
981	979		HB 1158—LS 7067/DI 137 23
982		-	1 ~~not less than those required in this state at~~ the ~~time~~ of ~~original licensure~~
983		-	2 ~~may be issued a license in this state if:~~
984		-	3 (1) the ~~individual has registered with and been approved by the~~
985		-	4 National Association ~~of Boards of Pharmacy;~~
986		-	5 ~~(2) the individual has graduated with a professional degree in~~
987		-	6 ~~pharmacy from~~ a ~~school of pharmacy accredited~~ by the ~~American~~
988		-	7 ~~Council of Pharmaceutical for Pharmacy Education or~~ the
989		-	8 ~~Canadian Council on Pharmacy Accreditation for Accreditation~~
990		-	9 ~~of Pharmacy Programs and approved by the board; and~~
991		-	10 ~~(3) the individual has successfully completed an examination~~
992		-	11 ~~administered by the board concerning the federal statutes and~~
993		-	12 ~~regulations and the Indiana statutes and rules governing the~~
994		-	13 ~~practice of pharmacy.~~
995		-	14 ~~(b) An individual who has a professional pharmacy degree from a~~
996		-	15 ~~school of pharmacy located outside the United States and Canada and~~
997		-	16 ~~who is licensed in another state where~~ the ~~requirements for licensure~~
998		-	17 ~~are substantially the same as those in this state may be issued a license~~
999		-	18 ~~under this chapter if:~~
1000		-	19 ~~(1) the individual has registered with and been approved~~ by the
1001		-	20 ~~National Association~~ of ~~Boards of~~ Pharmacy;
1002		-	21 ~~(2) the individual has provided the board with proof of the~~
1003		-	22 ~~applicant's:~~
1004		-	23 (A) ~~academic record and graduation with a professional degree~~
1005		-	24 ~~from a school of pharmacy;~~ and
1006		-	25 ~~(B) completion of~~ the ~~requirements for obtaining a Foreign~~
1007		-	26 Pharmacy ~~Graduate Examination Committee Certificate~~
1008		-	27 ~~administered by the National Association of Boards of~~
1009		-	28 Pharmacy; and
1010		-	29 ~~(3)~~ the ~~individual has successfully completed an examination~~
1011		-	30 ~~administered by~~ the ~~board concerning the federal statutes and~~
1012		-	31 ~~regulations and the Indiana statutes and rules governing the~~
1013		-	32 ~~practice of pharmacy.~~
1014		-	33 ~~SECTION 35.~~ ~~IC 25-26-13-20, AS AMENDED BY P.L.207-2021,~~
1015		-	34 ~~SECTION 33,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1016		-	35 ~~JULY 1, 2022]~~: ~~Sec. 20. (a) A person desiring to open, establish,~~
1017		-	36 ~~operate, or maintain~~ a ~~pharmacy shall apply to the board for a~~
1018		-	37 ~~pharmacy permit on~~ a ~~form provided by the board. The applicant shall~~
1019		-	38 ~~set forth:~~
1020		-	39 ~~(1) the name and occupation of the persons desiring the permit;~~
1021		-	40 ~~(2)~~ the ~~location, including street address and city,~~ of ~~the~~
	980	+	1 (1) Provide the board with verification of the applicant's academic
	981	+	2 record and graduation.
	982	+	3 (2) Obtain the Foreign Pharmacy Graduate Examination
	983	+	4 Committee Certificate administered by the National Association
	984	+	5 of Boards of Pharmacy.
	985	+	6 (d) After filing an application on a form provided by the board,
	986	+	7 submitting the information required in subsection (a), and successfully
	987	+	8 completing the examination administered by the board, the applicant
	988	+	9 may be licensed as a pharmacist.
	989	+	10 SECTION 35. IC 25-26-13-12, AS AMENDED BY P.L.98-2006,
	990	+	11 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	991	+	12 JULY 1, 2022]: Sec. 12. (a) An individual who is licensed as a
	992	+	13 pharmacist in another state where the requirements for licensure were
	993	+	14 not less than those required in this state at the time of original licensure
	994	+	15 may be issued a license in this state if:
	995	+	16 (1) the individual has registered with and been approved by the
	996	+	17 National Association of Boards of Pharmacy;
	997	+	18 (2) the individual has graduated with a professional degree in
	998	+	19 pharmacy from a school of pharmacy accredited by the American
	999	+	20 Council of Pharmaceutical for Pharmacy Education or the
	1000	+	21 Canadian Council on Pharmacy Accreditation for Accreditation
	1001	+	22 of Pharmacy Programs and approved by the board; and
	1002	+	23 (3) the individual has successfully completed an examination
	1003	+	24 administered by the board concerning the federal statutes and
	1004	+	25 regulations and the Indiana statutes and rules governing the
	1005	+	26 practice of pharmacy.
	1006	+	27 (b) An individual who has a professional pharmacy degree from a
	1007	+	28 school of pharmacy located outside the United States and Canada and
	1008	+	29 who is licensed in another state where the requirements for licensure
	1009	+	30 are substantially the same as those in this state may be issued a license
	1010	+	31 under this chapter if:
	1011	+	32 (1) the individual has registered with and been approved by the
	1012	+	33 National Association of Boards of Pharmacy;
	1013	+	34 (2) the individual has provided the board with proof of the
	1014	+	35 applicant's:
	1015	+	36 (A) academic record and graduation with a professional degree
	1016	+	37 from a school of pharmacy; and
	1017	+	38 (B) completion of the requirements for obtaining a Foreign
	1018	+	39 Pharmacy Graduate Examination Committee Certificate
	1019	+	40 administered by the National Association of Boards of
1022	1020		41 Pharmacy; and
1023		-	42 (3) the ~~name of the pharmacist who will qualify the pharmacy by~~
	1021	+	42 (3) the individual has successfully completed an examination
1024	1022		HB 1158—LS 7067/DI 137 24
1025		-	1 ~~being responsible to~~ the board ~~for~~ the ~~legal operation of the~~
1026		-	2 ~~pharmacy under~~ the ~~permit;~~ and
1027		-	3 ~~(4) (3) such other information as the board may require~~.
1028		-	4 ~~(b) If the applicant desires to open~~, ~~establish~~, ~~operate, or maintain~~
1029		-	5 ~~more than one (1) pharmacy~~, ~~the applicant must file a separate~~
1030		-	6 ~~application for each~~. ~~Each pharmacy must be qualified by~~ a ~~different~~
1031		-	7 ~~pharmacist.~~
1032		-	8 ~~(c)~~ The board shall ~~permit a pharmacist to serve as a qualifying~~
1033		-	9 ~~pharmacist for more than one (1) pharmacy holding a Category II~~
1034		-	10 ~~pharmacy permit upon~~ the ~~holder~~ of the ~~Category II~~ permit ~~showing~~
1035		-	11 ~~circumstances establishing that:~~
1036		-	12 ~~(1) the permit holder has made a reasonable effort, without~~
1037		-	13 ~~success, to obtain a qualifying~~ pharmacist who ~~is not serving as~~
1038		-	14 ~~a qualifying pharmacist at another Category II pharmacy;~~ ~~and~~
1039		-	15 ~~(2)~~ the ~~single pharmacist could effectively fulfill all duties~~ and
1040		-	16 ~~responsibilities of~~ the ~~qualifying pharmacist at both locations~~.
1041		-	17 ~~However,~~ the ~~board shall hold the permit holder responsible and may~~
1042		-	18 ~~not discipline or otherwise hold~~ the ~~qualifying pharmacist an~~
1043		-	19 ~~individual licensed under this chapter responsible~~ for ~~staffing~~
1044		-	20 ~~deficiencies of the pharmacy if the qualifying~~ pharmacist ~~individual~~
1045		-	21 ~~does not have authority for staffing determinations of~~ the ~~pharmacy.~~
1046		-	22 ~~(d) The board shall grant or deny an application~~ for a ~~permit not~~
1047		-	23 ~~later than one hundred twenty (120) days after~~ the ~~application and any~~
1048		-	24 ~~additional information required by the board are submitted.~~
1049		-	25 (e) The ~~board may not issue~~ a ~~pharmacy permit to a person who~~
1050		-	26 ~~desires~~ to ~~operate the pharmacy out of~~ a ~~residence.~~
1051		-	27 ~~SECTION 36.~~ ~~IC 25-26-13-24.8, AS AMENDED BY P.L.207-2021,~~
1052		-	28 ~~SECTION 34,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1053		-	29 ~~JULY 1, 2022]: Sec. 24.8. (a) Upon request~~ of ~~a patient,~~ ~~a pharmacy~~
1054		-	30 shall ~~transfer to another pharmacy a prescription for~~ the ~~patient,~~
1055		-	31 ~~including a prescription for a schedule II controlled substance, that~~ the
1056		-	32 ~~pharmacy has received but not filled unless:~~
1057		-	33 ~~(1) prohibited in writing on~~ the ~~prescription by~~ the ~~prescriber; or~~
1058		-	34 ~~(2) otherwise prohibited by federal law~~.
1059		-	35 (b) ~~Unless prohibited by federal law,~~ ~~a prescription~~ for a ~~patient may~~
1060		-	36 ~~be transferred electronically or by facsimile by a pharmacy to another~~
1061		-	37 ~~pharmacy if~~ the ~~pharmacies do not share a common data base~~.
1062		-	38 (c) A ~~licensed~~ pharmacy ~~technician may transfer~~ a ~~prescription,~~
1063		-	39 ~~under subsection (b) including making~~ a ~~verbal transfer, as~~
1064		-	40 ~~delegated~~ by ~~a pharmacist~~.
1065		-	41 SECTION ~~37. IC 25-26-13-27~~ IS AMENDED TO READ AS
1066		-	42 ~~FOLLOWS [EFFECTIVE~~ JULY 1, 2022]: Sec. 27. (a) If a pharmacy
	1023	+	1 administered by the board concerning the federal statutes and
	1024	+	2 regulations and the Indiana statutes and rules governing the
	1025	+	3 practice of pharmacy.
	1026	+	4 SECTION 36. IC 25-26-13-20, AS AMENDED BY P.L.207-2021,
	1027	+	5 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1028	+	6 JULY 1, 2022]: Sec. 20. (a) A person desiring to open, establish,
	1029	+	7 operate, or maintain a pharmacy shall apply to the board for a
	1030	+	8 pharmacy permit on a form provided by the board. The applicant shall
	1031	+	9 set forth:
	1032	+	10 (1) the name and occupation of the persons desiring the permit;
	1033	+	11 (2) the location, including street address and city, of the
	1034	+	12 pharmacy; and
	1035	+	13 (3) the name of the pharmacist who will qualify the pharmacy by
	1036	+	14 being responsible to the board for the legal operation of the
	1037	+	15 pharmacy under the permit; and
	1038	+	16 (4) (3) such other information as the board may require.
	1039	+	17 (b) If the applicant desires to open, establish, operate, or maintain
	1040	+	18 more than one (1) pharmacy, the applicant must file a separate
	1041	+	19 application for each. Each pharmacy must be qualified by a different
	1042	+	20 pharmacist.
	1043	+	21 (c) The board shall permit a pharmacist to serve as a qualifying
	1044	+	22 pharmacist for more than one (1) pharmacy holding a Category II
	1045	+	23 pharmacy permit upon the holder of the Category II permit showing
	1046	+	24 circumstances establishing that:
	1047	+	25 (1) the permit holder has made a reasonable effort, without
	1048	+	26 success, to obtain a qualifying pharmacist who is not serving as
	1049	+	27 a qualifying pharmacist at another Category II pharmacy; and
	1050	+	28 (2) the single pharmacist could effectively fulfill all duties and
	1051	+	29 responsibilities of the qualifying pharmacist at both locations.
	1052	+	30 However, the board shall hold the permit holder responsible and may
	1053	+	31 not discipline or otherwise hold the qualifying pharmacist an
	1054	+	32 individual licensed under this chapter responsible for staffing
	1055	+	33 deficiencies of the pharmacy if the qualifying pharmacist individual
	1056	+	34 does not have authority for staffing determinations of the pharmacy.
	1057	+	35 (d) The board shall grant or deny an application for a permit not
	1058	+	36 later than one hundred twenty (120) days after the application and any
	1059	+	37 additional information required by the board are submitted.
	1060	+	38 (e) The board may not issue a pharmacy permit to a person who
	1061	+	39 desires to operate the pharmacy out of a residence.
	1062	+	40 SECTION 37. IC 25-26-13-24.8, AS AMENDED BY P.L.207-2021,
	1063	+	41 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1064	+	42 JULY 1, 2022]: Sec. 24.8. (a) Upon request of a patient, a pharmacy
1067	1065		HB 1158—LS 7067/DI 137 25
1068		-	1 ~~will be closed~~ for ~~five (5) consecutive days or more,~~ the ~~permit holder~~
1069		-	2 ~~shall notify~~ the ~~board and take such steps to secure the drugs in the~~
1070		-	3 pharmacy ~~as the board may direct.~~
1071		-	4 (b) ~~If a pharmacy is to be permanently closed for any reason,~~ the
1072		-	5 ~~owner or qualifying pharmacist shall:~~
1073		-	6 (1) ~~notify the board not less than twenty (20) days before the~~
1074		-	7 ~~transfer of any controlled substances and submit~~ a ~~copy of the~~
1075		-	8 ~~inventory form required by~~ the ~~federal drug enforcement~~
1076		-	9 ~~administration together with the name~~, ~~address, and registration~~
1077		-	10 ~~number of the person to whom the drugs will be transferred;~~
1078		-	11 ~~(2) remove all legend drugs from stock~~ by:
1079		-	12 ~~(A) returning them~~ to ~~the wholesaler or manufacturer if he~~
1080		-	13 ~~consents;~~
1081		-	14 (B) ~~transferring them to another pharmacy;~~ or
1082		-	15 ~~(C) destroying them~~ in the ~~presence of a representative~~
1083		-	16 ~~appointed by~~ the board;
1084		-	17 (3) ~~before disposing of~~ any ~~other merchandise in~~ the ~~pharmacy,~~
1085		-	18 ~~dispose of all controlled drugs and legend drugs as provided in~~
1086		-	19 ~~clauses~~ (1) ~~and (2) and submit~~ the ~~licensed premises to an~~
1087		-	20 ~~inspection by~~ a ~~representative~~ of the ~~board to certify that all~~
1088		-	21 ~~legend and controlled drugs have been removed;~~
1089		-	22 ~~(4) remove from inside~~ and ~~outside the licensed area all symbols~~
1090		-	23 ~~and signs using~~ the ~~words "~~drugs~~", "drugstore", "prescriptions",~~
1091		-	24 ~~"pharmacy", "pharmacy~~ ~~department", "apothecary", or~~
1092		-	25 ~~"apothecary shop",~~ or ~~any combination of such titles; and~~
1093		-	26 ~~(5) return the pharmacy permit for cancellation by the board~~
1094		-	27 ~~within ten~~ (10) ~~days after all legend drugs,~~ ~~controlled drugs, drugs~~
1095		-	28 ~~and devices are removed from~~ the ~~premises.~~
1096		-	29 ~~SECTION 38. IC 25-26-13-31.7, AS AMENDED~~ BY ~~P.L.207-2021,~~
1097		-	30 ~~SECTION 38~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1098		-	31 ~~JULY 1,~~ ~~2022]: Sec.~~ ~~31.7. (a) Subject to rules adopted under~~
1099		-	32 ~~subsection~~ (c)~~, a pharmacy technician may administer~~ an ~~influenza or~~
1100		-	33 ~~coronavirus disease any immunization~~ to ~~an individual under a drug~~
1101		-	34 ~~order or prescription,~~ ~~as delegated by the pharmacist.~~
1102		-	35 (b) ~~Subject to rules adopted under subsection (c), a pharmacy~~
1103		-	36 ~~technician may administer an influenza or coronavirus disease~~
1104		-	37 ~~immunization to an individual~~ or ~~a group of individuals under a drug~~
1105		-	38 ~~order, under a prescription~~, or ~~according to a protocol approved by a~~
1106		-	39 ~~physician, as delegated~~ by the ~~pharmacist.~~
1107		-	40 (c) ~~The board shall adopt rules under IC 4-22-2 to establish~~
1108		-	41 ~~requirements applying to a pharmacy technician who administers an~~
1109		-	42 ~~influenza or coronavirus disease immunization to an individual or~~
	1066	+	1 shall transfer to another pharmacy a prescription for the patient,
	1067	+	2 including a prescription for a schedule II controlled substance, that the
	1068	+	3 pharmacy has received but not filled unless:
	1069	+	4 (1) prohibited in writing on the prescription by the prescriber; or
	1070	+	5 (2) otherwise prohibited by federal law.
	1071	+	6 (b) Unless prohibited by federal law, a prescription for a patient may
	1072	+	7 be transferred electronically or by facsimile by a pharmacy to another
	1073	+	8 pharmacy if the pharmacies do not share a common data base.
	1074	+	9 (c) A licensed pharmacy technician may transfer a prescription,
	1075	+	10 under subsection (b) including making a verbal transfer, as
	1076	+	11 delegated by a pharmacist.
	1077	+	12 SECTION 38. IC 25-26-13-27 IS AMENDED TO READ AS
	1078	+	13 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) If a pharmacy
	1079	+	14 will be closed for five (5) consecutive days or more, the permit holder
	1080	+	15 shall notify the board and take such steps to secure the drugs in the
	1081	+	16 pharmacy as the board may direct.
	1082	+	17 (b) If a pharmacy is to be permanently closed for any reason, the
	1083	+	18 owner or qualifying pharmacist shall:
	1084	+	19 (1) notify the board not less than twenty (20) days before the
	1085	+	20 transfer of any controlled substances and submit a copy of the
	1086	+	21 inventory form required by the federal drug enforcement
	1087	+	22 administration together with the name, address, and registration
	1088	+	23 number of the person to whom the drugs will be transferred;
	1089	+	24 (2) remove all legend drugs from stock by:
	1090	+	25 (A) returning them to the wholesaler or manufacturer if he
	1091	+	26 consents;
	1092	+	27 (B) transferring them to another pharmacy; or
	1093	+	28 (C) destroying them in the presence of a representative
	1094	+	29 appointed by the board;
	1095	+	30 (3) before disposing of any other merchandise in the pharmacy,
	1096	+	31 dispose of all controlled drugs and legend drugs as provided in
	1097	+	32 clauses (1) and (2) and submit the licensed premises to an
	1098	+	33 inspection by a representative of the board to certify that all
	1099	+	34 legend and controlled drugs have been removed;
	1100	+	35 (4) remove from inside and outside the licensed area all symbols
	1101	+	36 and signs using the words "drugs", "drugstore", "prescriptions",
	1102	+	37 "pharmacy", "pharmacy department", "apothecary", or
	1103	+	38 "apothecary shop", or any combination of such titles; and
	1104	+	39 (5) return the pharmacy permit for cancellation by the board
	1105	+	40 within ten (10) days after all legend drugs, controlled drugs, drugs
	1106	+	41 and devices are removed from the premises.
	1107	+	42 SECTION 39. IC 25-26-13-31.7, AS AMENDED BY P.L.207-2021,
1110	1108		HB 1158—LS 7067/DI 137 26
1111		-	1 ~~group of individuals. The rules adopted under this~~ section ~~must provide~~
1112		-	2 ~~for the direct supervision of the pharmacy technician by a pharmacist,~~
1113		-	3 ~~a physician~~, a ~~physician assistant,~~ or an ~~advanced practice registered~~
1114		-	4 ~~nurse. Before July 1,~~ ~~2021, the board shall adopt emergency rules~~
1115		-	5 ~~under IC 4-22-2-37.1 to establish~~ the ~~requirements described in this~~
1116		-	6 subsection~~. concerning the influenza immunization and the coronavirus~~
1117		-	7 ~~disease immunization.~~ ~~Notwithstanding IC 4-22-2-37.1(g),~~ an
1118		-	8 ~~emergency rule adopted by the board~~ under ~~this subsection and in the~~
1119		-	9 ~~manner provided~~ by ~~IC 4-22-2-37.1 expires on the date on which~~ a ~~rule~~
1120		-	10 ~~that supersedes the emergency rule is adopted~~ by the ~~board under~~
1121		-	11 IC 4-22-2~~-24 through IC 4-22-2-36.~~
1122		-	12 ~~(d) The board must approve all programs that provide training~~ to
1123		-	13 ~~pharmacy technicians to administer~~ influenza ~~and~~ coronavirus disease
1124		-	14 ~~immunizations as permitted by~~ this section.
1125		-	15 ~~SECTION 39.~~ ~~IC 25-26-13.5-6, AS AMENDED~~ BY ~~P.L.207-2021~~,
1126		-	16 ~~SECTION 39~~, ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1127		-	17 JULY 1, ~~2022]: Sec.~~ ~~6. (a) Before a remote dispensing facility may do~~
1128		-	18 ~~business~~ in ~~Indiana, the remote dispensing facility must be registered~~
1129		-	19 ~~with~~ the ~~board under this chapter~~ and in the ~~manner prescribed by the~~
1130		-	20 ~~board~~.
1131		-	21 ~~(b) Before a pharmacy licensed~~ under this ~~article may operate a~~
1132		-	22 ~~remote dispensing facility,~~ the ~~pharmacy must register with the board~~
1133		-	23 under ~~this chapter.~~
1134		-	24 ~~(c) A facility must meet the following requirements in order to be~~
1135		-	25 ~~registered as a remote dispensing facility under this chapter:~~
1136		-	26 ~~(1) If the remote dispensing facility is not jointly owned by the~~
1137		-	27 ~~pharmacy, operate under a contract with a supervising pharmacy~~.
1138		-	28 ~~(2) Be supervised~~ by ~~a qualifying pharmacist who is licensed~~
1139		-	29 ~~under this article and who~~ is ~~designated by the supervising~~
1140		-	30 ~~pharmacy to be responsible for oversight of the~~ remote dispensing
1141		-	31 facility.
1142		-	32 ~~(3) Be located at least ten (10) miles from an existing retail~~
1143		-	33 ~~pharmacy unless:~~
1144		-	34 (A) ~~the applicant with the proposed remote dispensing facility~~
1145		-	35 ~~demonstrates to~~ the board ~~how the proposed remote dispensing~~
1146		-	36 ~~facility will promote public health; or~~
1147		-	37 (B) the ~~remote dispensing facility exclusively serves the~~
1148		-	38 ~~patients of~~:
1149		-	39 (i) ~~a community mental health center established under~~
1150		-	40 ~~IC 12-29;~~
1151		-	41 (ii) a ~~health care facility (as~~ ~~defined in IC 16-28-13-0.5); or~~
1152		-	42 ~~(iii) a physician clinic.~~
	1109	+	1 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1110	+	2 JULY 1, 2022]: Sec. 31.7. (a) Subject to rules adopted under
	1111	+	3 subsection (c), a pharmacy technician may administer an influenza or
	1112	+	4 coronavirus disease any immunization to an individual under a drug
	1113	+	5 order or prescription, as delegated by the pharmacist.
	1114	+	6 (b) Subject to rules adopted under subsection (c), a pharmacy
	1115	+	7 technician may administer an influenza or coronavirus disease
	1116	+	8 immunization to an individual or a group of individuals under a drug
	1117	+	9 order, under a prescription, or according to a protocol approved by a
	1118	+	10 physician, as delegated by the pharmacist.
	1119	+	11 (c) The board shall adopt rules under IC 4-22-2 to establish
	1120	+	12 requirements applying to a pharmacy technician who administers an
	1121	+	13 influenza or coronavirus disease immunization to an individual or
	1122	+	14 group of individuals. The rules adopted under this section must provide
	1123	+	15 for the direct supervision of the pharmacy technician by a pharmacist,
	1124	+	16 a physician, a physician assistant, or an advanced practice registered
	1125	+	17 nurse. Before July 1, 2021, the board shall adopt emergency rules
	1126	+	18 under IC 4-22-2-37.1 to establish the requirements described in this
	1127	+	19 subsection. concerning the influenza immunization and the coronavirus
	1128	+	20 disease immunization. Notwithstanding IC 4-22-2-37.1(g), an
	1129	+	21 emergency rule adopted by the board under this subsection and in the
	1130	+	22 manner provided by IC 4-22-2-37.1 expires on the date on which a rule
	1131	+	23 that supersedes the emergency rule is adopted by the board under
	1132	+	24 IC 4-22-2-24 through IC 4-22-2-36.
	1133	+	25 (d) The board must approve all programs that provide training to
	1134	+	26 pharmacy technicians to administer influenza and coronavirus disease
	1135	+	27 immunizations as permitted by this section.
	1136	+	28 SECTION 40. IC 25-26-13.5-6, AS AMENDED BY P.L.207-2021,
	1137	+	29 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1138	+	30 JULY 1, 2022]: Sec. 6. (a) Before a remote dispensing facility may do
	1139	+	31 business in Indiana, the remote dispensing facility must be registered
	1140	+	32 with the board under this chapter and in the manner prescribed by the
	1141	+	33 board.
	1142	+	34 (b) Before a pharmacy licensed under this article may operate a
	1143	+	35 remote dispensing facility, the pharmacy must register with the board
	1144	+	36 under this chapter.
	1145	+	37 (c) A facility must meet the following requirements in order to be
	1146	+	38 registered as a remote dispensing facility under this chapter:
	1147	+	39 (1) If the remote dispensing facility is not jointly owned by the
	1148	+	40 pharmacy, operate under a contract with a supervising pharmacy.
	1149	+	41 (2) Be supervised by a qualifying pharmacist who is licensed
	1150	+	42 under this article and who is designated by the supervising
1153	1151		HB 1158—LS 7067/DI 137 27
1154		-	1 ~~(4) Maintain a patient counseling area.~~
1155		-	2 ~~(5) Display a sign visible to the public indicating that the location~~
1156		-	3 ~~is a remote dispensing facility.~~ ~~The sign must include the~~
1157		-	4 ~~following information~~:
1158		-	5 (A) ~~That~~ the ~~facility provides~~ remote ~~services supervised by a~~
1159		-	6 ~~pharmacist located in another pharmacy.~~
1160		-	7 ~~(B) The identification and address of the supervising~~
1161		-	8 ~~pharmacy.~~
1162		-	9 ~~(C) Disclosure that a pharmacist is required to speak to the~~
1163		-	10 ~~consumer using audio and video communication systems any~~
1164		-	11 ~~time a new drug or device is dispensed at the remote~~
1165		-	12 ~~dispensing~~ facility.
1166		-	13 (D) ~~Whether patient counseling is provided on~~ a ~~prescription~~
1167		-	14 ~~drug refill at the remote dispensing facility~~.
1168		-	15 (E) That the ~~facility is under continuous video surveillance and~~
1169		-	16 ~~that~~ the ~~video is recorded.~~
1170		-	17 ~~(d) If the remote dispensing facility is operating under a contract~~
1171		-	18 ~~with a supervising pharmacy,~~ the ~~contract must:~~
1172		-	19 ~~(1) specify the responsibilities of each party to the contract; and~~
1173		-	20 (2) ~~be available for review by~~ the ~~board at~~ the ~~board's request.~~
1174		-	21 ~~SECTION 40~~. ~~IC 25-26-13.5-7, AS ADDED BY P.L.202-2017,~~
1175		-	22 ~~SECTION 12,~~ IS ~~AMENDED~~ TO ~~READ AS FOLLOWS [EFFECTIVE~~
1176		-	23 ~~JULY 1,~~ ~~2022]: Sec.~~ ~~7. A supervising pharmacy shall implement~~
1177		-	24 ~~policies and procedures that address each of~~ the ~~following before~~
1178		-	25 ~~engaging in the practice of telepharmacy under this chapter:~~
1179		-	26 (1) ~~Minimum standards and practices that ensure the safety,~~
1180		-	27 ~~accuracy, security,~~ ~~sanitation, record keeping,~~ ~~and patient~~
1181		-	28 ~~confidentiality at~~ the ~~remote dispensing facility.~~ ~~The standards~~
1182		-	29 ~~and practices must include~~ the ~~following:~~
1183		-	30 (A) ~~Identification of personnel authorized to accept delivery of~~
1184		-	31 the ~~drugs and to have access to drug storage and dispensing~~
1185		-	32 ~~areas at~~ the ~~remote dispensing facility.~~
1186		-	33 (B) ~~Procedures~~ for the ~~procurement of drugs and devices~~ at the
1187		-	34 ~~remote dispensing facility and any automated dispensing~~
1188		-	35 ~~machine system used.~~
1189		-	36 ~~(C) Criteria for the required inspection of the remote~~
1190		-	37 ~~dispensing facility by~~ the ~~qualifying a pharmacist.~~
1191		-	38 ~~(2)~~ The ~~adoption~~ of ~~training standards required for personnel~~
1192		-	39 ~~employed at a remote dispensing facility to~~ ensure the
1193		-	40 ~~competence~~ and ~~ability of employees in operating the electronic~~
1194		-	41 ~~verification, electronic record keeping,~~ ~~and communication~~
1195		-	42 ~~systems.~~
	1152	+	1 pharmacy to be responsible for oversight of the remote dispensing
	1153	+	2 facility.
	1154	+	3 (3) Be located at least ten (10) miles from an existing retail
	1155	+	4 pharmacy unless:
	1156	+	5 (A) the applicant with the proposed remote dispensing facility
	1157	+	6 demonstrates to the board how the proposed remote dispensing
	1158	+	7 facility will promote public health; or
	1159	+	8 (B) the remote dispensing facility exclusively serves the
	1160	+	9 patients of:
	1161	+	10 (i) a community mental health center established under
	1162	+	11 IC 12-29;
	1163	+	12 (ii) a health care facility (as defined in IC 16-28-13-0.5); or
	1164	+	13 (iii) a physician clinic.
	1165	+	14 (4) Maintain a patient counseling area.
	1166	+	15 (5) Display a sign visible to the public indicating that the location
	1167	+	16 is a remote dispensing facility. The sign must include the
	1168	+	17 following information:
	1169	+	18 (A) That the facility provides remote services supervised by a
	1170	+	19 pharmacist located in another pharmacy.
	1171	+	20 (B) The identification and address of the supervising
	1172	+	21 pharmacy.
	1173	+	22 (C) Disclosure that a pharmacist is required to speak to the
	1174	+	23 consumer using audio and video communication systems any
	1175	+	24 time a new drug or device is dispensed at the remote
	1176	+	25 dispensing facility.
	1177	+	26 (D) Whether patient counseling is provided on a prescription
	1178	+	27 drug refill at the remote dispensing facility.
	1179	+	28 (E) That the facility is under continuous video surveillance and
	1180	+	29 that the video is recorded.
	1181	+	30 (d) If the remote dispensing facility is operating under a contract
	1182	+	31 with a supervising pharmacy, the contract must:
	1183	+	32 (1) specify the responsibilities of each party to the contract; and
	1184	+	33 (2) be available for review by the board at the board's request.
	1185	+	34 SECTION 41. IC 25-26-13.5-7, AS ADDED BY P.L.202-2017,
	1186	+	35 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1187	+	36 JULY 1, 2022]: Sec. 7. A supervising pharmacy shall implement
	1188	+	37 policies and procedures that address each of the following before
	1189	+	38 engaging in the practice of telepharmacy under this chapter:
	1190	+	39 (1) Minimum standards and practices that ensure the safety,
	1191	+	40 accuracy, security, sanitation, record keeping, and patient
	1192	+	41 confidentiality at the remote dispensing facility. The standards
	1193	+	42 and practices must include the following:
1196	1194		HB 1158—LS 7067/DI 137 28
1197		-	1 (3) ~~A written plan for recovery from an event that interrupts or~~
1198		-	2 ~~prevents pharmacist supervision of~~ the ~~remote~~ dispensing ~~facility.~~
1199		-	3 ~~(4) Policies concerning~~ the dispensing ~~of prescription drugs~~.
1200		-	4 ~~SECTION 41.~~ ~~IC 25-26-13.5-8 IS REPEALED [EFFECTIVE~~ ~~JULY~~
1201		-	5 ~~1, 2022]. Sec. 8. (a) The qualifying pharmacist~~ and ~~a pharmacist on~~
1202		-	6 ~~duty are responsible for ensuring that the supervising pharmacy and~~
1203		-	7 ~~remote dispensing facility are sufficiently staffed to avoid~~ the ~~risk~~ of
1204		-	8 ~~harm to public health and safety~~.
1205		-	9 (b) ~~In order to serve as a qualifying pharmacist,~~ the ~~pharmacist must~~
1206		-	10 ~~be in good standing with~~ the ~~board.~~
1207		-	11 ~~(c) A qualifying pharmacist may have this designation for only one~~
1208		-	12 ~~(1) supervising pharmacy~~ and ~~for one (1) remote dispensing facility at~~
1209		-	13 ~~a time~~.
1210		-	14 (d) A ~~qualifying pharmacist must be able to be physically at the~~
1211		-	15 remote dispensing facility ~~within a certain time set by the board to~~
1212		-	16 ~~address emergencies and safety issues that arise. However, in~~ the
1213		-	17 ~~qualifying pharmacist's absence the qualifying pharmacist may~~
1214		-	18 ~~designate another pharmacist to fulfill~~ the qualifying pharmacist's
1215		-	19 ~~duties at~~ the ~~remote dispensing facility.~~
1216		-	20 ~~(e) A qualifying pharmacist shall visit a~~ remote dispensing facility
1217		-	21 ~~at least as often as required by the board~~ to ~~inspect the facility~~ and
1218		-	22 ~~address personnel matters.~~ ~~The~~ qualifying pharmacist ~~shall complete~~
1219		-	23 ~~any forms required by~~ the board ~~concerning the required inspection and~~
1220		-	24 ~~maintain the records in~~ a ~~manner specified by the board.~~
1221		-	25 (f) ~~If the~~ remote dispensing facility ~~is located~~ at ~~a hospital or~~
1222		-	26 ~~physician clinic and uses an automated dispensing machine, the~~
1223		-	27 qualifying pharmacist ~~shall maintain an up~~ to ~~date inventory of any~~
1224		-	28 ~~schedule II controlled substances.~~ The ~~qualifying pharmacist shall at~~
1225		-	29 ~~least monthly inventory all controlled substances~~.
1226		-	30 ~~(g)~~ The qualifying pharmacist ~~shall develop and implement a~~
1227		-	31 ~~continuous quality improvement program.~~ The ~~program must include~~
1228		-	32 ~~a reporting mechanism for errors that occur concerning~~ the remote
1229		-	33 dispensing facility~~. Information concerning the program must be~~
1230		-	34 ~~available to~~ the board ~~upon request.~~
1231		-	35 ~~SECTION 42~~. ~~IC 25-26-13.5-8.5 IS ADDED TO~~ THE ~~INDIANA~~
1232		-	36 ~~CODE AS A NEW SECTION TO READ AS FOLLOWS~~
1233		-	37 ~~[EFFECTIVE JULY 1,~~ ~~2022]: Sec. 8.5.~~ A ~~pharmacy operating a~~
1234		-	38 remote dispensing facility is ~~responsible for ensuring the following:~~
1235		-	39 ~~(1) The remote~~ dispensing ~~facility is sufficiently staffed to~~
1236		-	40 ~~avoid the risk~~ of ~~harm to public health and safety.~~
1237		-	41 ~~(2)~~ The pharmacist ~~servicing the remote dispensing facility is~~
1238		-	42 ~~in good standing with the board~~.
	1195	+	1 (A) Identification of personnel authorized to accept delivery of
	1196	+	2 the drugs and to have access to drug storage and dispensing
	1197	+	3 areas at the remote dispensing facility.
	1198	+	4 (B) Procedures for the procurement of drugs and devices at the
	1199	+	5 remote dispensing facility and any automated dispensing
	1200	+	6 machine system used.
	1201	+	7 (C) Criteria for the required inspection of the remote
	1202	+	8 dispensing facility by the qualifying a pharmacist.
	1203	+	9 (2) The adoption of training standards required for personnel
	1204	+	10 employed at a remote dispensing facility to ensure the
	1205	+	11 competence and ability of employees in operating the electronic
	1206	+	12 verification, electronic record keeping, and communication
	1207	+	13 systems.
	1208	+	14 (3) A written plan for recovery from an event that interrupts or
	1209	+	15 prevents pharmacist supervision of the remote dispensing facility.
	1210	+	16 (4) Policies concerning the dispensing of prescription drugs.
	1211	+	17 SECTION 42. IC 25-26-13.5-8 IS REPEALED [EFFECTIVE JULY
	1212	+	18 1, 2022]. Sec. 8. (a) The qualifying pharmacist and a pharmacist on
	1213	+	19 duty are responsible for ensuring that the supervising pharmacy and
	1214	+	20 remote dispensing facility are sufficiently staffed to avoid the risk of
	1215	+	21 harm to public health and safety.
	1216	+	22 (b) In order to serve as a qualifying pharmacist, the pharmacist must
	1217	+	23 be in good standing with the board.
	1218	+	24 (c) A qualifying pharmacist may have this designation for only one
	1219	+	25 (1) supervising pharmacy and for one (1) remote dispensing facility at
	1220	+	26 a time.
	1221	+	27 (d) A qualifying pharmacist must be able to be physically at the
	1222	+	28 remote dispensing facility within a certain time set by the board to
	1223	+	29 address emergencies and safety issues that arise. However, in the
	1224	+	30 qualifying pharmacist's absence the qualifying pharmacist may
	1225	+	31 designate another pharmacist to fulfill the qualifying pharmacist's
	1226	+	32 duties at the remote dispensing facility.
	1227	+	33 (e) A qualifying pharmacist shall visit a remote dispensing facility
	1228	+	34 at least as often as required by the board to inspect the facility and
	1229	+	35 address personnel matters. The qualifying pharmacist shall complete
	1230	+	36 any forms required by the board concerning the required inspection and
	1231	+	37 maintain the records in a manner specified by the board.
	1232	+	38 (f) If the remote dispensing facility is located at a hospital or
	1233	+	39 physician clinic and uses an automated dispensing machine, the
	1234	+	40 qualifying pharmacist shall maintain an up to date inventory of any
	1235	+	41 schedule II controlled substances. The qualifying pharmacist shall at
	1236	+	42 least monthly inventory all controlled substances.
1239	1237		HB 1158—LS 7067/DI 137 29
1240		-	1 (3) A ~~pharmacy may not operate more than one (1) remote~~
1241		-	2 ~~dispensing facility at a time, unless otherwise approved by~~ the
1242		-	3 ~~board.~~
1243		-	4 ~~(4) A pharmacist~~ must be ~~able to be physically present at the~~
1244		-	5 ~~remote dispensing facility within a certain time set by~~ the
1245		-	6 ~~board~~ to ~~address emergencies and safety issues that arise.~~
1246		-	7 ~~(5)~~ A ~~pharmacist shall visit the remote dispensing facility at~~
1247		-	8 ~~least as often as required by the board to inspect the facility,~~
1248		-	9 ~~address personnel matters,~~ ~~complete any forms required by~~
1249		-	10 the ~~board concerning the required inspection,~~ ~~and maintain~~
1250		-	11 ~~records in~~ the ~~manner specified by the board~~.
1251		-	12 (6) If the remote dispensing facility is ~~located at a hospital or~~
1252		-	13 ~~physician clinic and uses an automated dispensing machine,~~
1253		-	14 a ~~pharmacist must maintain an up to date inventory of any~~
1254		-	15 ~~schedule II controlled substances.~~ ~~An inventory of all~~
1255		-	16 ~~controlled substances must be completed at least once a~~
1256		-	17 ~~month.~~
1257		-	18 ~~(7) The pharmacy must develop~~ a ~~continuous quality~~
1258		-	19 ~~improvement program,~~ ~~which must include a reporting~~
1259		-	20 ~~mechanism for errors that occur concerning~~ the remote
1260		-	21 ~~dispensing facility.~~ ~~Information concerning~~ the ~~remote~~
1261		-	22 ~~dispensing facility must be made available to the board upon~~
1262		-	23 ~~request.~~
1263		-	24 ~~SECTION 43.~~ ~~IC 25-26-13.5-9, AS AMENDED~~ BY P.~~L.246-2019,~~
1264		-	25 ~~SECTION 16,~~ IS ~~AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1265		-	26 ~~JULY 1~~, ~~2022]: Sec. 9. (a) There must be at least one (1) pharmacist~~
1266		-	27 ~~working at~~ a ~~remote dispensing facility for every six (6) pharmacist~~
1267		-	28 ~~interns, licensed pharmacy technicians,~~ ~~and pharmacy technicians in~~
1268		-	29 ~~training~~ at ~~the supervising pharmacy and remote dispensing facility.~~
1269		-	30 ~~However, an individual whose only duty is to act as the cashier is not~~
1270		-	31 ~~included in~~ the ~~number of employees that may work for one (1)~~
1271		-	32 ~~pharmacist under this subsection.~~
1272		-	33 ~~(b) A remote dispensing facility~~ that ~~is not staffed by a pharmacist~~
1273		-	34 ~~must be staffed by at least one (1) pharmacy technician who meets~~ the
1274		-	35 ~~following requirements:~~
1275		-	36 ~~(1) Is licensed under IC 25-26-19~~.
1276		-	37 ~~(2) Has at least two thousand (2~~,~~000) hours of experience working~~
1277		-	38 as ~~a pharmacy technician in a pharmacy licensed under this article~~
1278		-	39 ~~and under the direct supervision of a~~ pharmacist.
1279		-	40 ~~(3) Has successfully passed~~ a ~~certification examination offered by~~
1280		-	41 ~~the~~ Pharmacy ~~Technician Certification Board or another~~
1281		-	42 ~~nationally recognized certification body approved by~~ the ~~board~~.
	1238	+	1 (g) The qualifying pharmacist shall develop and implement a
	1239	+	2 continuous quality improvement program. The program must include
	1240	+	3 a reporting mechanism for errors that occur concerning the remote
	1241	+	4 dispensing facility. Information concerning the program must be
	1242	+	5 available to the board upon request.
	1243	+	6 SECTION 43. IC 25-26-13.5-8.5 IS ADDED TO THE INDIANA
	1244	+	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
	1245	+	8 [EFFECTIVE JULY 1, 2022]: Sec. 8.5. A pharmacy operating a
	1246	+	9 remote dispensing facility is responsible for ensuring the following:
	1247	+	10 (1) The remote dispensing facility is sufficiently staffed to
	1248	+	11 avoid the risk of harm to public health and safety.
	1249	+	12 (2) The pharmacist servicing the remote dispensing facility is
	1250	+	13 in good standing with the board.
	1251	+	14 (3) A pharmacy may not operate more than one (1) remote
	1252	+	15 dispensing facility at a time, unless otherwise approved by the
	1253	+	16 board.
	1254	+	17 (4) A pharmacist must be able to be physically present at the
	1255	+	18 remote dispensing facility within a certain time set by the
	1256	+	19 board to address emergencies and safety issues that arise.
	1257	+	20 (5) A pharmacist shall visit the remote dispensing facility at
	1258	+	21 least as often as required by the board to inspect the facility,
	1259	+	22 address personnel matters, complete any forms required by
	1260	+	23 the board concerning the required inspection, and maintain
	1261	+	24 records in the manner specified by the board.
	1262	+	25 (6) If the remote dispensing facility is located at a hospital or
	1263	+	26 physician clinic and uses an automated dispensing machine,
	1264	+	27 a pharmacist must maintain an up to date inventory of any
	1265	+	28 schedule II controlled substances. An inventory of all
	1266	+	29 controlled substances must be completed at least once a
	1267	+	30 month.
	1268	+	31 (7) The pharmacy must develop a continuous quality
	1269	+	32 improvement program, which must include a reporting
	1270	+	33 mechanism for errors that occur concerning the remote
	1271	+	34 dispensing facility. Information concerning the remote
	1272	+	35 dispensing facility must be made available to the board upon
	1273	+	36 request.
	1274	+	37 SECTION 44. IC 25-26-13.5-9, AS AMENDED BY P.L.246-2019,
	1275	+	38 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1276	+	39 JULY 1, 2022]: Sec. 9. (a) There must be at least one (1) pharmacist
	1277	+	40 working at a remote dispensing facility for every six (6) pharmacist
	1278	+	41 interns, licensed pharmacy technicians, and pharmacy technicians in
	1279	+	42 training at the supervising pharmacy and remote dispensing facility.
1282	1280		HB 1158—LS 7067/DI 137 30
1283		-	1 ~~(4) If~~ the ~~remote dispensing facility~~ is ~~located in a hospital or~~
1284		-	2 ~~physician clinic setting,~~ ~~either:~~
1285		-	3 ~~(A) has graduated from a pharmacy technician training~~
1286		-	4 ~~program accredited~~ by ~~the American Council of~~
1287		-	5 ~~Pharmaceutical for~~ Pharmacy ~~Education or~~ the ~~American~~
1288		-	6 ~~Society of Health System Pharmacists; or~~
1289		-	7 (B) ~~obtained the hours described in subdivision (2) before July~~
1290		-	8 1, ~~2017.~~
1291		-	9 ~~(5) Is supervised by~~ a ~~pharmacist at the supervising~~ pharmacy at
1292		-	10 ~~all times that~~ the ~~remote dispensing facility is operational~~. As
1293		-	11 ~~used in this subdivision,~~ ~~supervision does not require that the~~
1294		-	12 ~~pharmacist be physically present at~~ the ~~remote dispensing facility~~
1295		-	13 ~~as long as~~ the ~~pharmacist is supervising telepharmacy operations~~
1296		-	14 ~~electronically through~~ a ~~computer link, video link, and audio link.~~
1297		-	15 ~~(6) Is currently in good standing with the board.~~
1298		-	16 (c) A pharmacy technician in training ~~may not work at a remote~~
1299		-	17 ~~dispensing facility unless a pharmacist is on site.~~
1300		-	18 ~~(d)~~ The ~~board shall adopt rules that require pharmacy technicians~~
1301		-	19 ~~working at a remote dispensing facility that is not staffed by a~~
1302		-	20 ~~pharmacist to complete continuing education requirements established~~
1303		-	21 ~~by the board~~.
1304		-	22 ~~SECTION 44.~~ ~~IC 25-26-13.5-11, AS AMENDED~~ BY ~~P.L.207-2021,~~
1305		-	23 ~~SECTION 40,~~ IS ~~AMENDED TO READ~~ AS ~~FOLLOWS [EFFECTIVE~~
1306		-	24 ~~JULY 1~~, ~~2022]: Sec.~~ ~~11. (a) A supervising pharmacy of a remote~~
1307		-	25 dispensing facility ~~must maintain a video and audio communication~~
1308		-	26 ~~system that provides for effective communication between~~ the
1309		-	27 ~~supervising pharmacy~~, ~~the remote dispensing facility~~, and ~~any~~
1310		-	28 ~~consumers.~~ The ~~system must do the following:~~
1311		-	29 (1) ~~Provide an adequate number of views of the entire~~ remote
1312		-	30 dispensing facility.
1313		-	31 (2) ~~Facilitate adequate pharmacist supervision.~~
1314		-	32 ~~(3) Allow an appropriate exchange of visual,~~ ~~verbal, and written~~
1315		-	33 ~~communications for patient counseling and other matters~~
1316		-	34 ~~concerning~~ the ~~lawful transaction of business~~.
1317		-	35 ~~(b) The remote dispensing facility must retain a recording of facility~~
1318		-	36 ~~surveillance~~, ~~excluding patient communications,~~ ~~for at least thirty (30)~~
1319		-	37 ~~days~~.
1320		-	38 ~~(c)~~ A ~~qualifying pharmacist is adequately supervising through the~~
1321		-	39 ~~use of video surveillance by maintaining constant visual supervision~~
1322		-	40 ~~and auditory communication with~~ the remote dispensing facility and by
1323		-	41 ~~maintaining full supervisory control of~~ the ~~automated system,~~ if
1324		-	42 ~~applicable.~~ The ~~auditory communication must be available, as needed,~~
	1281	+	1 However, an individual whose only duty is to act as the cashier is not
	1282	+	2 included in the number of employees that may work for one (1)
	1283	+	3 pharmacist under this subsection.
	1284	+	4 (b) A remote dispensing facility that is not staffed by a pharmacist
	1285	+	5 must be staffed by at least one (1) pharmacy technician who meets the
	1286	+	6 following requirements:
	1287	+	7 (1) Is licensed under IC 25-26-19.
	1288	+	8 (2) Has at least two thousand (2,000) hours of experience working
	1289	+	9 as a pharmacy technician in a pharmacy licensed under this article
	1290	+	10 and under the direct supervision of a pharmacist.
	1291	+	11 (3) Has successfully passed a certification examination offered by
	1292	+	12 the Pharmacy Technician Certification Board or another
	1293	+	13 nationally recognized certification body approved by the board.
	1294	+	14 (4) If the remote dispensing facility is located in a hospital or
	1295	+	15 physician clinic setting, either:
	1296	+	16 (A) has graduated from a pharmacy technician training
	1297	+	17 program accredited by the American Council of
	1298	+	18 Pharmaceutical for Pharmacy Education or the American
	1299	+	19 Society of Health System Pharmacists; or
	1300	+	20 (B) obtained the hours described in subdivision (2) before July
	1301	+	21 1, 2017.
	1302	+	22 (5) Is supervised by a pharmacist at the supervising pharmacy at
	1303	+	23 all times that the remote dispensing facility is operational. As
	1304	+	24 used in this subdivision, supervision does not require that the
	1305	+	25 pharmacist be physically present at the remote dispensing facility
	1306	+	26 as long as the pharmacist is supervising telepharmacy operations
	1307	+	27 electronically through a computer link, video link, and audio link.
	1308	+	28 (6) Is currently in good standing with the board.
	1309	+	29 (c) A pharmacy technician in training may not work at a remote
	1310	+	30 dispensing facility unless a pharmacist is on site.
	1311	+	31 (d) The board shall adopt rules that require pharmacy technicians
	1312	+	32 working at a remote dispensing facility that is not staffed by a
	1313	+	33 pharmacist to complete continuing education requirements established
	1314	+	34 by the board.
	1315	+	35 SECTION 45. IC 25-26-13.5-11, AS AMENDED BY P.L.207-2021,
	1316	+	36 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1317	+	37 JULY 1, 2022]: Sec. 11. (a) A supervising pharmacy of a remote
	1318	+	38 dispensing facility must maintain a video and audio communication
	1319	+	39 system that provides for effective communication between the
	1320	+	40 supervising pharmacy, the remote dispensing facility, and any
	1321	+	41 consumers. The system must do the following:
	1322	+	42 (1) Provide an adequate number of views of the entire remote
1325	1323		HB 1158—LS 7067/DI 137 31
1326		-	1 ~~with the remote~~ dispensing facility ~~and the qualifying pharmacist~~.
1327		-	2 (d) ~~A video monitor that is being used to properly identify and~~
1328		-	3 ~~communicate with consumers must meet the following requirements:~~
1329		-	4 ~~(1) Provide both the supervising pharmacy~~ and ~~the remote~~
1330		-	5 ~~dispensing facility with direct visual contact between~~ the
1331		-	6 ~~pharmacist and~~ the ~~consumer.~~
1332		-	7 (2) ~~Be secure and compliant with the federal Health Insurance~~
1333		-	8 ~~Portability and Accountability Act (HIPAA)~~.
1334		-	9 (e) ~~If any component of the communication system~~ is ~~not in~~
1335		-	10 ~~operating order,~~ ~~the remote dispensing facility shall remain closed until~~
1336		-	11 the ~~communication system is fully operational, unless a pharmacist is~~
1337		-	12 ~~located at~~ the ~~remote dispensing facility.~~
1338		-	13 ~~SECTION 45~~. ~~IC 25-26-13.5-14~~, AS ~~ADDED BY P.L.202-2017~~,
1339		-	14 ~~SECTION 12,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1340		-	15 ~~JULY 1, 2022]: Sec. 14.~~ (a) A ~~remote dispensing facility shall have~~
1341		-	16 ~~adequate security.~~ ~~The security~~ must do the following:
1342		-	17 (1) ~~Record~~ the ~~entrance~~ and ~~exit of individuals to~~ the ~~facility.~~
1343		-	18 ~~(2) Use alarms or other comparable monitoring systems that~~
1344		-	19 ~~protect~~ the ~~equipment, records, drug supply, devices, and other~~
1345		-	20 ~~items from unauthorized access,~~ ~~acquisition, or use.~~
1346		-	21 ~~(3) Use at least two~~ (2) ~~factoring credentials for employee entry~~
1347		-	22 ~~to the remote dispensing facility, using two (2)~~ of the ~~following:~~
1348		-	23 ~~(A) A knowledge factor~~, ~~including a password.~~
1349		-	24 ~~(B) Biometrics.~~
1350		-	25 ~~(C) An inanimate object~~.
1351		-	26 ~~(b) The qualifying A pharmacist shall periodically review the record~~
1352		-	27 ~~of entries into the remote dispensing facility.~~
1353		-	28 (c) ~~The prescription storage area may remain open while a~~
1354		-	29 ~~pharmacist or pharmacy technician is on duty.~~
1355		-	30 ~~SECTION 46~~. ~~IC 25-26-13.5-15, AS ADDED BY P.L.202-2017,~~
1356		-	31 ~~SECTION 12,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1357		-	32 ~~JULY 1~~, ~~2022]: Sec.~~ ~~15. (a) A controlled substance may not be~~
1358		-	33 ~~dispensed at the remote dispensing facility unless:~~
1359		-	34 (1) ~~the facility maintains a perpetual inventory of controlled~~
1360		-	35 ~~substances; and~~
1361		-	36 (2) ~~the supervising pharmacist checks the Indiana scheduled~~
1362		-	37 ~~prescription electronic collection and tracking program~~
1363		-	38 ~~established by IC 25-1-13-4 or as directed by the board before:~~
1364		-	39 (A) ~~verification of~~ the ~~finished controlled substance~~
1365		-	40 ~~prescription; and~~
1366		-	41 (B) ~~counseling~~ the ~~patient.~~
1367		-	42 ~~(b) Drugs may be transported to a remote dispensing facility that~~
	1324	+	1 dispensing facility.
	1325	+	2 (2) Facilitate adequate pharmacist supervision.
	1326	+	3 (3) Allow an appropriate exchange of visual, verbal, and written
	1327	+	4 communications for patient counseling and other matters
	1328	+	5 concerning the lawful transaction of business.
	1329	+	6 (b) The remote dispensing facility must retain a recording of facility
	1330	+	7 surveillance, excluding patient communications, for at least thirty (30)
	1331	+	8 days.
	1332	+	9 (c) A qualifying pharmacist is adequately supervising through the
	1333	+	10 use of video surveillance by maintaining constant visual supervision
	1334	+	11 and auditory communication with the remote dispensing facility and by
	1335	+	12 maintaining full supervisory control of the automated system, if
	1336	+	13 applicable. The auditory communication must be available, as needed,
	1337	+	14 with the remote dispensing facility and the qualifying pharmacist.
	1338	+	15 (d) A video monitor that is being used to properly identify and
	1339	+	16 communicate with consumers must meet the following requirements:
	1340	+	17 (1) Provide both the supervising pharmacy and the remote
	1341	+	18 dispensing facility with direct visual contact between the
	1342	+	19 pharmacist and the consumer.
	1343	+	20 (2) Be secure and compliant with the federal Health Insurance
	1344	+	21 Portability and Accountability Act (HIPAA).
	1345	+	22 (e) If any component of the communication system is not in
	1346	+	23 operating order, the remote dispensing facility shall remain closed until
	1347	+	24 the communication system is fully operational, unless a pharmacist is
	1348	+	25 located at the remote dispensing facility.
	1349	+	26 SECTION 46. IC 25-26-13.5-14, AS ADDED BY P.L.202-2017,
	1350	+	27 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1351	+	28 JULY 1, 2022]: Sec. 14. (a) A remote dispensing facility shall have
	1352	+	29 adequate security. The security must do the following:
	1353	+	30 (1) Record the entrance and exit of individuals to the facility.
	1354	+	31 (2) Use alarms or other comparable monitoring systems that
	1355	+	32 protect the equipment, records, drug supply, devices, and other
	1356	+	33 items from unauthorized access, acquisition, or use.
	1357	+	34 (3) Use at least two (2) factoring credentials for employee entry
	1358	+	35 to the remote dispensing facility, using two (2) of the following:
	1359	+	36 (A) A knowledge factor, including a password.
	1360	+	37 (B) Biometrics.
	1361	+	38 (C) An inanimate object.
	1362	+	39 (b) The qualifying A pharmacist shall periodically review the record
	1363	+	40 of entries into the remote dispensing facility.
	1364	+	41 (c) The prescription storage area may remain open while a
	1365	+	42 pharmacist or pharmacy technician is on duty.
1368	1366		HB 1158—LS 7067/DI 137 32
1369		-	1 ~~uses an automated dispensing machine only in a sealed container with~~
1370		-	2 ~~a list identifying each drug~~, ~~drug strength,~~ ~~and quantity included in the~~
1371		-	3 ~~container~~.
1372		-	4 ~~(c) A delivery of drugs may be accepted~~ at the remote dispensing
1373		-	5 facility ~~only if~~ a ~~pharmacist or a licensed pharmacy technician is~~
1374		-	6 ~~present to accept delivery~~ and ~~verify and sign for the receipt of the~~
1375		-	7 ~~drugs, unless~~ the ~~drugs are placed in a secured delivery area that~~
1376		-	8 ~~complies with federal~~ and ~~state law.~~
1377		-	9 ~~(d) If~~ the ~~delivery is received by a pharmacy technician, a~~
1378		-	10 ~~pharmacist at~~ the ~~supervising pharmacy shall ensure through the use of~~
1379		-	11 ~~the electronic audio~~ and ~~video communication system or bar code~~
1380		-	12 ~~technology that~~ the ~~pharmacy technician has accurately restocked the~~
1381		-	13 drugs.
1382		-	14 ~~(e) A remote~~ dispensing ~~facility must store drugs~~ in a ~~manner that:~~
1383		-	15 ~~(1) complies with federal~~ and ~~state law;~~
1384		-	16 ~~(2) protects the identity, safety, security, and integrity of the drug;~~
1385		-	17 ~~and~~
1386		-	18 ~~(3) limits access to:~~
1387		-	19 ~~(A) a pharmacist employed by~~ the ~~supervising pharmacy;~~ ~~and~~
1388		-	20 ~~(B)~~ a ~~pharmacy technician who has written authorization of the~~
1389		-	21 ~~qualifying a pharmacist to access the facility~~.
1390		-	22 ~~SECTION 47.~~ ~~IC 25-26-14-11, AS AMENDED~~ BY ~~P.L.264-2019~~,
1391		-	23 ~~SECTION 8,~~ ~~IS AMENDED TO READ AS FOLLOWS [EFFECTIVE~~
1392		-	24 ~~JULY 1,~~ ~~2022]: Sec.~~ ~~11. As used in this chapter, "wholesale~~
1393		-	25 ~~distribution" means to distribute legend drugs to persons other than a~~
1394		-	26 ~~consumer or patient~~. ~~The term does not include:~~
1395		-	27 (1) a ~~sale or transfer between~~ a ~~division, a subsidiary, a parent, an~~
1396		-	28 ~~affiliated, or a related company under the common ownership~~ and
1397		-	29 ~~control~~ of ~~a corporate entity~~;
1398		-	30 ~~(2) the purchase or acquisition by a hospital or other health care~~
1399		-	31 ~~entity that is a member of a group purchasing organization of a~~
1400		-	32 ~~drug for~~ the ~~hospital's or health care entity's own use from the~~
1401		-	33 ~~group purchasing organization or from other hospitals or health~~
1402		-	34 ~~care entities that are members of~~ the ~~organization;~~
1403		-	35 ~~(3) the sale or transfer of a drug~~ by ~~a charitable organization~~
1404		-	36 ~~described in~~ Section ~~501(c)(3) of the Internal Revenue Code~~, to:
1405		-	37 ~~(A) a nonprofit affiliate of the organization;~~ or
1406		-	38 ~~(B)~~ a ~~nonprofit entity described in Section 501(c)(3) of the~~
1407		-	39 ~~Internal Revenue Code that is~~ not ~~affiliated with the~~
1408		-	40 ~~organization;~~
1409		-	41 to the ~~extent otherwise permitted by law;~~
1410		-	42 ~~(4) the sale~~ of a ~~drug among hospitals or other health care entities~~
	1367	+	1 SECTION 47. IC 25-26-13.5-15, AS ADDED BY P.L.202-2017,
	1368	+	2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1369	+	3 JULY 1, 2022]: Sec. 15. (a) A controlled substance may not be
	1370	+	4 dispensed at the remote dispensing facility unless:
	1371	+	5 (1) the facility maintains a perpetual inventory of controlled
	1372	+	6 substances; and
	1373	+	7 (2) the supervising pharmacist checks the Indiana scheduled
	1374	+	8 prescription electronic collection and tracking program
	1375	+	9 established by IC 25-1-13-4 or as directed by the board before:
	1376	+	10 (A) verification of the finished controlled substance
	1377	+	11 prescription; and
	1378	+	12 (B) counseling the patient.
	1379	+	13 (b) Drugs may be transported to a remote dispensing facility that
	1380	+	14 uses an automated dispensing machine only in a sealed container with
	1381	+	15 a list identifying each drug, drug strength, and quantity included in the
	1382	+	16 container.
	1383	+	17 (c) A delivery of drugs may be accepted at the remote dispensing
	1384	+	18 facility only if a pharmacist or a licensed pharmacy technician is
	1385	+	19 present to accept delivery and verify and sign for the receipt of the
	1386	+	20 drugs, unless the drugs are placed in a secured delivery area that
	1387	+	21 complies with federal and state law.
	1388	+	22 (d) If the delivery is received by a pharmacy technician, a
	1389	+	23 pharmacist at the supervising pharmacy shall ensure through the use of
	1390	+	24 the electronic audio and video communication system or bar code
	1391	+	25 technology that the pharmacy technician has accurately restocked the
	1392	+	26 drugs.
	1393	+	27 (e) A remote dispensing facility must store drugs in a manner that:
	1394	+	28 (1) complies with federal and state law;
	1395	+	29 (2) protects the identity, safety, security, and integrity of the drug;
	1396	+	30 and
	1397	+	31 (3) limits access to:
	1398	+	32 (A) a pharmacist employed by the supervising pharmacy; and
	1399	+	33 (B) a pharmacy technician who has written authorization of the
	1400	+	34 qualifying a pharmacist to access the facility.
	1401	+	35 SECTION 48. IC 25-26-14-11, AS AMENDED BY P.L.264-2019,
	1402	+	36 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1403	+	37 JULY 1, 2022]: Sec. 11. As used in this chapter, "wholesale
	1404	+	38 distribution" means to distribute legend drugs to persons other than a
	1405	+	39 consumer or patient. The term does not include:
	1406	+	40 (1) a sale or transfer between a division, a subsidiary, a parent, an
	1407	+	41 affiliated, or a related company under the common ownership and
	1408	+	42 control of a corporate entity;
1411	1409		HB 1158—LS 7067/DI 137 33
1412		-	1 ~~that are under common control;~~
1413		-	2 ~~(5) the sale~~ of a ~~drug for emergency medical reasons, including~~
1414		-	3 ~~transfers of legend drugs by a retail pharmacy to another retail~~
1415		-	4 ~~pharmacy to alleviate a temporary shortage,~~ ~~if the gross dollar~~
1416		-	5 ~~value~~ of the ~~transfers does not exceed five percent (5%) of the~~
1417		-	6 ~~total legend~~ drug ~~sales revenue of either the transferor or~~
1418		-	7 ~~transferee pharmacy during any twelve~~ (12) ~~consecutive month~~
1419		-	8 ~~period~~;
1420		-	9 (6) ~~the sale~~ of ~~a drug or~~ the ~~dispensing of a drug pursuant to a~~
1421		-	10 ~~prescription;~~
1422		-	11 ~~(7) the distribution of drug samples by manufacturers'~~
1423		-	12 ~~representatives or distributors'~~ ~~representatives~~;
1424		-	13 (8) the sale of ~~blood and blood components intended for~~
1425		-	14 ~~transfusion~~;
1426		-	15 (9) the sale of a drug ~~by a retail pharmacy to a practitioner (as~~
1427		-	16 ~~defined in IC 25-26-13-2) for office use,~~ ~~if the gross dollar value~~
1428		-	17 of the ~~transfers does not exceed five percent (5%) of the retail~~
1429		-	18 ~~pharmacy's total legend drug sales during any twelve~~ (12)
1430		-	19 ~~consecutive months;~~
1431		-	20 ~~(10) the sale of a drug by a retail~~ pharmacy ~~that is ending its~~
1432		-	21 ~~business and liquidating its inventory to another retail pharmacy~~;
1433		-	22 (11) drug ~~returns by~~ a ~~hospital, health care entity, or charitable~~
1434		-	23 ~~institution conducted under 21 CFR 203.23~~;
1435		-	24 (12) the ~~sale~~ of ~~minimal quantities of drugs~~ by ~~retail pharmacies~~
1436		-	25 ~~to licensed practitioners for office use~~;
1437		-	26 (13) the ~~distribution~~ of ~~prescription drugs by the original~~
1438		-	27 ~~manufacturer of the finished form of the prescription drug or the~~
1439		-	28 ~~distribution~~ of ~~the co-licensed products~~ by a ~~partner of the~~
1440		-	29 ~~original manufacturer of~~ the ~~finished form of the prescription~~
1441		-	30 ~~drug; or~~
1442		-	31 ~~(14)~~ drug ~~returns that meet criteria established by rules adopted~~
1443		-	32 ~~by the board~~; or
1444		-	33 (15) the sale of a drug ~~for research or clinical trial purposes,~~
1445		-	34 ~~provided the seller is authorized by the federal Food~~ and ~~Drug~~
1446		-	35 ~~Administration to sell the~~ drug ~~for research~~ or ~~clinical trial~~
1447		-	36 ~~purposes~~.
1448		-	37 ~~SECTION 48.~~ ~~IC 27-8-27-6, AS AMENDED~~ BY ~~P.L.133-2020,~~
1449		-	38 ~~SECTION 19, IS AMENDED~~ TO ~~READ AS FOLLOWS [EFFECTIVE~~
1450		-	39 ~~JULY 1, 2022]: Sec. 6.~~ (a) ~~A health insurance plan that provides~~
1451		-	40 ~~coverage for early intervention services shall reimburse~~ the ~~first steps~~
1452		-	41 ~~program~~ a ~~monthly fee established by the division~~ of ~~disability and~~
1453		-	42 ~~rehabilitative services.~~ ~~Except when~~ the ~~monthly fee is less than~~ the
	1410	+	1 (2) the purchase or acquisition by a hospital or other health care
	1411	+	2 entity that is a member of a group purchasing organization of a
	1412	+	3 drug for the hospital's or health care entity's own use from the
	1413	+	4 group purchasing organization or from other hospitals or health
	1414	+	5 care entities that are members of the organization;
	1415	+	6 (3) the sale or transfer of a drug by a charitable organization
	1416	+	7 described in Section 501(c)(3) of the Internal Revenue Code, to:
	1417	+	8 (A) a nonprofit affiliate of the organization; or
	1418	+	9 (B) a nonprofit entity described in Section 501(c)(3) of the
	1419	+	10 Internal Revenue Code that is not affiliated with the
	1420	+	11 organization;
	1421	+	12 to the extent otherwise permitted by law;
	1422	+	13 (4) the sale of a drug among hospitals or other health care entities
	1423	+	14 that are under common control;
	1424	+	15 (5) the sale of a drug for emergency medical reasons, including
	1425	+	16 transfers of legend drugs by a retail pharmacy to another retail
	1426	+	17 pharmacy to alleviate a temporary shortage, if the gross dollar
	1427	+	18 value of the transfers does not exceed five percent (5%) of the
	1428	+	19 total legend drug sales revenue of either the transferor or
	1429	+	20 transferee pharmacy during any twelve (12) consecutive month
	1430	+	21 period;
	1431	+	22 (6) the sale of a drug or the dispensing of a drug pursuant to a
	1432	+	23 prescription;
	1433	+	24 (7) the distribution of drug samples by manufacturers'
	1434	+	25 representatives or distributors' representatives;
	1435	+	26 (8) the sale of blood and blood components intended for
	1436	+	27 transfusion;
	1437	+	28 (9) the sale of a drug by a retail pharmacy to a practitioner (as
	1438	+	29 defined in IC 25-26-13-2) for office use, if the gross dollar value
	1439	+	30 of the transfers does not exceed five percent (5%) of the retail
	1440	+	31 pharmacy's total legend drug sales during any twelve (12)
	1441	+	32 consecutive months;
	1442	+	33 (10) the sale of a drug by a retail pharmacy that is ending its
	1443	+	34 business and liquidating its inventory to another retail pharmacy;
	1444	+	35 (11) drug returns by a hospital, health care entity, or charitable
	1445	+	36 institution conducted under 21 CFR 203.23;
	1446	+	37 (12) the sale of minimal quantities of drugs by retail pharmacies
	1447	+	38 to licensed practitioners for office use;
	1448	+	39 (13) the distribution of prescription drugs by the original
	1449	+	40 manufacturer of the finished form of the prescription drug or the
	1450	+	41 distribution of the co-licensed products by a partner of the
	1451	+	42 original manufacturer of the finished form of the prescription
1454	1452		HB 1158—LS 7067/DI 137 34
1455		-	1 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
1456		-	2 provided instead of claims processing of individual claims.
1457		-	3 (b) A health insurance plan may not require authorization for
1458		-	4 services specified in the covered individual's individualized family
1459		-	5 service plan, if those services are a covered benefit under the plan,
1460		-	6 once the individualized family service plan is signed by a physician, a
1461		-	7 physician assistant, or an advanced practice registered nurse.
1462		-	8 (c) The department of insurance shall adopt rules under IC 4-22-2
1463		-	9 to ensure compliance with this section.
1464		-	10 SECTION 49. IC 34-30-2-81 IS REPEALED [EFFECTIVE JULY
1465		-	11 1, 2022]. Sec. 81. (a) IC 16-41-7-2 (Concerning the good faith
1466		-	12 reporting to a health officer of an individual thought to present a
1467		-	13 serious and present risk to the health of others, to have engaged in
1468		-	14 noncompliant behavior, or to be at risk of carrying a serious
1469		-	15 communicable disease).
1470		-	16 (b) IC 16-41-7-3 (Concerning a physician who provides notification
1471		-	17 to certain individuals regarding a patient's serious communicable
1472		-	18 disease).
1473		-	19 SECTION 50. IC 34-46-2-10 IS REPEALED [EFFECTIVE JULY
1474		-	20 1, 2022]. Sec. 10. IC 16-41-7-3 (Concerning warning by physician of
1475		-	21 serious communicable disease).
1476		-	22 SECTION 51. IC 35-52-16-42 IS REPEALED [EFFECTIVE JULY
1477		-	23 1, 2022]. Sec. 42. IC 16-41-7-5 defines a crime concerning
1478		-	24 communicable diseases.
1479		-	25 SECTION 52. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
1480		-	26 1, 2022]. Sec. 58. IC 16-41-14-17 defines a crime concerning
1481		-	27 communicable diseases.
1482		-	28 SECTION 53. [EFFECTIVE UPON PASSAGE] (a) The terms of
1483		-	29 members appointed to the division of disability and rehabilitative
1484		-	30 services advisory council under IC 12-9-4-3, before its amendment
1485		-	31 by this act, expire June 30, 2022.
1486		-	32 (b) This SECTION expires July 1, 2023.
1487		-	33 SECTION 54. An emergency is declared for this act.
	1453	+	1 drug; or
	1454	+	2 (14) drug returns that meet criteria established by rules adopted
	1455	+	3 by the board; or
	1456	+	4 (15) the sale of a drug for research or clinical trial purposes,
	1457	+	5 provided the seller is authorized by the federal Food and Drug
	1458	+	6 Administration to sell the drug for research or clinical trial
	1459	+	7 purposes.
	1460	+	8 SECTION 49. IC 27-8-27-6, AS AMENDED BY P.L.133-2020,
	1461	+	9 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	1462	+	10 JULY 1, 2022]: Sec. 6. (a) A health insurance plan that provides
	1463	+	11 coverage for early intervention services shall reimburse the first steps
	1464	+	12 program a monthly fee established by the division of disability and
	1465	+	13 rehabilitative services. Except when the monthly fee is less than the
	1466	+	14 product determined under IC 12-12.7-2-23(b), the monthly fee shall be
	1467	+	15 provided instead of claims processing of individual claims.
	1468	+	16 (b) A health insurance plan may not require authorization for
	1469	+	17 services specified in the covered individual's individualized family
	1470	+	18 service plan, if those services are a covered benefit under the plan,
	1471	+	19 once the individualized family service plan is signed by a physician, a
	1472	+	20 physician assistant, or an advanced practice registered nurse.
	1473	+	21 (c) The department of insurance shall adopt rules under IC 4-22-2
	1474	+	22 to ensure compliance with this section.
	1475	+	23 SECTION 50. IC 34-30-2-81 IS REPEALED [EFFECTIVE JULY
	1476	+	24 1, 2022]. Sec. 81. (a) IC 16-41-7-2 (Concerning the good faith
	1477	+	25 reporting to a health officer of an individual thought to present a
	1478	+	26 serious and present risk to the health of others, to have engaged in
	1479	+	27 noncompliant behavior, or to be at risk of carrying a serious
	1480	+	28 communicable disease).
	1481	+	29 (b) IC 16-41-7-3 (Concerning a physician who provides notification
	1482	+	30 to certain individuals regarding a patient's serious communicable
	1483	+	31 disease).
	1484	+	32 SECTION 51. IC 34-46-2-10 IS REPEALED [EFFECTIVE JULY
	1485	+	33 1, 2022]. Sec. 10. IC 16-41-7-3 (Concerning warning by physician of
	1486	+	34 serious communicable disease).
	1487	+	35 SECTION 52. IC 35-52-16-42 IS REPEALED [EFFECTIVE JULY
	1488	+	36 1, 2022]. Sec. 42. IC 16-41-7-5 defines a crime concerning
	1489	+	37 communicable diseases.
	1490	+	38 SECTION 53. IC 35-52-16-58 IS REPEALED [EFFECTIVE JULY
	1491	+	39 1, 2022]. Sec. 58. IC 16-41-14-17 defines a crime concerning
	1492	+	40 communicable diseases.
	1493	+	41 SECTION 54. [EFFECTIVE UPON PASSAGE] (a) The terms of
	1494	+	42 members appointed to the division of disability and rehabilitative
1488	1495		HB 1158—LS 7067/DI 137 35
	1496	+	1 services advisory council under IC 12-9-4-3, before its amendment
	1497	+	2 by this act, expire June 30, 2022.
	1498	+	3 (b) This SECTION expires July 1, 2023.
	1499	+	4 SECTION 55. An emergency is declared for this act.
	1500	+	HB 1158—LS 7067/DI 137 36
1489	1501		COMMITTEE REPORT
1490	1502		Mr. Speaker: Your Committee on Public Health, to which was
1491	1503		referred House Bill 1158, has had the same under consideration and
1492	1504		begs leave to report the same back to the House with the
1493	1505		recommendation that said bill be amended as follows:
1494	1506		Page 2, line 30, after "physician" insert ", a physician assistant,".
1495	1507		Page 2, delete lines 34 through 38.
1496	1508		Page 6, delete lines 32 through 42.
1497	1509		Page 7, delete lines 1 through 31.
1498	1510		Page 8, delete lines 39 through 42.
1499	1511		Delete pages 9 through 10.
1500	1512		Page 11, delete lines 1 through 16.
1501	1513		Page 18, delete lines 31 through 42.
1502	1514		Page 19, delete lines 1 through 5.
1503	1515		Page 19, line 17, after "physician" insert ", a physician assistant,".
1504	1516		Page 19, delete lines 21 through 42, begin a new paragraph and
1505	1517		insert:
1506	1518		"SECTION 28. IC 25-1-9-2 IS AMENDED TO READ AS
1507	1519		FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) As used in this
1508	1520		chapter, "practitioner" means an individual who holds:
1509	1521		(1) an unlimited license, certificate, or registration;
1510	1522		(2) a limited or probationary license, certificate, or registration;
1511	1523		(3) a temporary license, certificate, registration, or permit;
1512	1524		(4) an intern permit; or
1513	1525		(5) a provisional license;
1514	1526		issued by the board regulating the profession in question, including a
1515	1527		certificate of registration issued under IC 25-20.
1516	1528		(b) The term includes all license statuses, including "active",
1517	1529		"expired", "retired", "inactive", and any other status that a
1518	1530		license may be held in.".
1519	1531		Delete pages 20 through 21.
1520	1532		Page 22, delete lines 1 through 36.
1521	1533		Page 23, delete lines 1 through 9.
1522	1534		Page 28, delete lines 7 through 42, begin a new paragraph and
1523	1535		insert:
1524	1536		"SECTION 30. IC 25-26-13-3, AS AMENDED BY P.L.249-2019,
1525	1537		SECTION 113, IS AMENDED TO READ AS FOLLOWS
1526	1538		[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The Indiana board of
1527	1539		pharmacy is created. The board consists of seven (7) members
1528	1540		appointed by the governor for terms under IC 25-1-6.5.
1529	1541		(b) Subject to IC 25-1-6.5-3, the board consists of the following:
1530		-	HB 1158—LS 7067/DI 137 36
	1542	+	HB 1158—LS 7067/DI 137 37
1531	1543		(1) One (1) member of the board, to represent the general public,
1532	1544		who is a resident of this state who has never been associated with
1533	1545		pharmacy in any way other than as a consumer.
1534	1546		(2) Six (6) Five (5) members who are pharmacists in good
1535	1547		standing of recognized experience and ability from varied practice
1536	1548		settings who hold a current license to practice pharmacy in
1537	1549		Indiana, including one (1) member of the board who must be a
1538	1550		practicing hospital pharmacist.
1539	1551		(3) One (1) member who is a pharmacy technician in good
1540	1552		standing, engaged in active practice as a pharmacy technician,
1541	1553		and holds a current certification from the Pharmacy
1542	1554		Technician Certification Board.
1543	1555		(c) A member may be removed under IC 25-1-6.5-4.
1544	1556		(d) Not later than ten (10) days after a member's appointment, the
1545	1557		member must subscribe by oath or affirmation to faithfully uphold the
1546	1558		duties of the member's office. If a member fails to qualify as provided,
1547	1559		a new member shall be appointed in the member's place.
1548	1560		(e) At the first meeting of each year the board shall elect from
1549	1561		among its members a president and vice president who shall perform
1550	1562		duties and have powers as the board prescribes.
1551	1563		(f) The board shall meet at least eight (8) times per year at such
1552	1564		times and places as the board selects. At each meeting the board shall
1553	1565		continue in session from day to day, for not more than five (5) days,
1554	1566		until the business of the meeting is complete. Four (4) members of the
1555	1567		board shall constitute a quorum.
1556	1568		(g) Each member of the board is entitled to compensation as
1557	1569		determined by the rules of the budget agency for each day the member
1558	1570		is actually engaged in business of the board, together with necessary
1559	1571		travel and other expenses incurred in the performance of the member's
1560	1572		duties.
1561	1573		(h) Approval by a majority of the quorum is required for any action
1562	1574		to be taken by the board.".
1563	1575		Delete pages 29 through 30.
1564	1576		Page 31, delete lines 1 through 40, begin a new paragraph and
1565	1577		insert:
1566	1578		"SECTION 31. IC 25-26-13-10, AS AMENDED BY P.L.101-2020,
1567	1579		SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1568	1580		JULY 1, 2022]: Sec. 10. (a) An applicant for registration as a
1569	1581		pharmacist intern must furnish proof satisfactory to the board that the
1570	1582		applicant:
1571	1583		(1) is actively enrolled in a school of pharmacy accredited by the
1572	1584		American Council of Pharmaceutical for Pharmacy Education;
1573		-	HB 1158—LS 7067/DI 137 37
	1585	+	HB 1158—LS 7067/DI 137 38
1574	1586		(2) has obtained the Foreign Pharmacy Graduate Examination
1575	1587		Committee Certificate; or
1576	1588		(3) is a qualified applicant awaiting the examination for licensure
1577	1589		as a pharmacist.
1578	1590		(b) A registration issued under subsection (a) is valid for one (1)
1579	1591		year and may be renewed by the board in accordance with subsection
1580	1592		(c) until the expiration date established by the Indiana professional
1581	1593		licensing agency under IC 25-1-5-4.
1582	1594		(c) An application for registration or renewal must be accompanied
1583	1595		by the appropriate fee and one (1) of the following:
1584	1596		(1) Proof of having obtained the Foreign Pharmacy Graduate
1585	1597		Examination Committee Certificate.
1586	1598		(2) Proof of active enrollment in a school of pharmacy accredited
1587	1599		by the American Council of Pharmaceutical for Pharmacy
1588	1600		Education.
1589	1601		SECTION 32. IC 25-26-13-11, AS AMENDED BY P.L.98-2006,
1590	1602		SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1591	1603		JULY 1, 2022]: Sec. 11. (a) To be eligible for licensure as a
1592	1604		pharmacist, an individual must file such evidence as is required by the
1593	1605		board that:
1594	1606		(1) the individual is at least eighteen (18) years of age;
1595	1607		(2) the individual does not have a conviction for a crime that has
1596	1608		a direct bearing on the individual's ability to practice competently;
1597	1609		(3) the individual:
1598	1610		(A) has graduated with a professional degree from a school of
1599	1611		pharmacy accredited by the American Council of
1600	1612		Pharmaceutical for Pharmacy Education or the Canadian
1601	1613		Council on Pharmacy Accreditation for Accreditation of
1602	1614		Pharmacy Programs and approved by the board; or
1603	1615		(B) has:
1604	1616		(i) graduated with a professional degree from a school of
1605	1617		pharmacy located outside the United States and Canada; and
1606	1618		(ii) met the requirements under subsection (c); and
1607	1619		(4) the individual has satisfactorily completed a pharmacist intern
1608	1620		program approved by the board.
1609	1621		(b) An applicant who has graduated with a professional degree from
1610	1622		a school of pharmacy accredited by the Canadian Council on Pharmacy
1611	1623		Accreditation for Accreditation of Pharmacy Programs and
1612	1624		approved by the board must obtain the Foreign Pharmacy Graduate
1613	1625		Examination Committee Certificate administered by the National
1614	1626		Association of Boards of Pharmacy before taking the examination
1615	1627		required under subsection (d).
1616		-	HB 1158—LS 7067/DI 137 38
	1628	+	HB 1158—LS 7067/DI 137 39
1617	1629		(c) An applicant who has graduated with a professional degree from
1618	1630		a school of pharmacy located outside the United States and Canada
1619	1631		must do the following:
1620	1632		(1) Provide the board with verification of the applicant's academic
1621	1633		record and graduation.
1622	1634		(2) Obtain the Foreign Pharmacy Graduate Examination
1623	1635		Committee Certificate administered by the National Association
1624	1636		of Boards of Pharmacy.
1625	1637		(d) After filing an application on a form provided by the board,
1626	1638		submitting the information required in subsection (a), and successfully
1627	1639		completing the examination administered by the board, the applicant
1628	1640		may be licensed as a pharmacist.
1629	1641		SECTION 33. IC 25-26-13-12, AS AMENDED BY P.L.98-2006,
1630	1642		SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1631	1643		JULY 1, 2022]: Sec. 12. (a) An individual who is licensed as a
1632	1644		pharmacist in another state where the requirements for licensure were
1633	1645		not less than those required in this state at the time of original licensure
1634	1646		may be issued a license in this state if:
1635	1647		(1) the individual has registered with and been approved by the
1636	1648		National Association of Boards of Pharmacy;
1637	1649		(2) the individual has graduated with a professional degree in
1638	1650		pharmacy from a school of pharmacy accredited by the American
1639	1651		Council of Pharmaceutical for Pharmacy Education or the
1640	1652		Canadian Council on Pharmacy Accreditation for Accreditation
1641	1653		of Pharmacy Programs and approved by the board; and
1642	1654		(3) the individual has successfully completed an examination
1643	1655		administered by the board concerning the federal statutes and
1644	1656		regulations and the Indiana statutes and rules governing the
1645	1657		practice of pharmacy.
1646	1658		(b) An individual who has a professional pharmacy degree from a
1647	1659		school of pharmacy located outside the United States and Canada and
1648	1660		who is licensed in another state where the requirements for licensure
1649	1661		are substantially the same as those in this state may be issued a license
1650	1662		under this chapter if:
1651	1663		(1) the individual has registered with and been approved by the
1652	1664		National Association of Boards of Pharmacy;
1653	1665		(2) the individual has provided the board with proof of the
1654	1666		applicant's:
1655	1667		(A) academic record and graduation with a professional degree
1656	1668		from a school of pharmacy; and
1657	1669		(B) completion of the requirements for obtaining a Foreign
1658	1670		Pharmacy Graduate Examination Committee Certificate
1659		-	HB 1158—LS 7067/DI 137 39
	1671	+	HB 1158—LS 7067/DI 137 40
1660	1672		administered by the National Association of Boards of
1661	1673		Pharmacy; and
1662	1674		(3) the individual has successfully completed an examination
1663	1675		administered by the board concerning the federal statutes and
1664	1676		regulations and the Indiana statutes and rules governing the
1665	1677		practice of pharmacy.
1666	1678		SECTION 34. IC 25-26-13-20, AS AMENDED BY P.L.207-2021,
1667	1679		SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1668	1680		JULY 1, 2022]: Sec. 20. (a) A person desiring to open, establish,
1669	1681		operate, or maintain a pharmacy shall apply to the board for a
1670	1682		pharmacy permit on a form provided by the board. The applicant shall
1671	1683		set forth:
1672	1684		(1) the name and occupation of the persons desiring the permit;
1673	1685		(2) the location, including street address and city, of the
1674	1686		pharmacy; and
1675	1687		(3) the name of the pharmacist who will qualify the pharmacy by
1676	1688		being responsible to the board for the legal operation of the
1677	1689		pharmacy under the permit; and
1678	1690		(4) (3) such other information as the board may require.
1679	1691		(b) If the applicant desires to open, establish, operate, or maintain
1680	1692		more than one (1) pharmacy, the applicant must file a separate
1681	1693		application for each. Each pharmacy must be qualified by a different
1682	1694		pharmacist.
1683	1695		(c) The board shall permit a pharmacist to serve as a qualifying
1684	1696		pharmacist for more than one (1) pharmacy holding a Category II
1685	1697		pharmacy permit upon the holder of the Category II permit showing
1686	1698		circumstances establishing that:
1687	1699		(1) the permit holder has made a reasonable effort, without
1688	1700		success, to obtain a qualifying pharmacist who is not serving as
1689	1701		a qualifying pharmacist at another Category II pharmacy; and
1690	1702		(2) the single pharmacist could effectively fulfill all duties and
1691	1703		responsibilities of the qualifying pharmacist at both locations.
1692	1704		However, the board shall hold the permit holder responsible and may
1693	1705		not discipline or otherwise hold the qualifying pharmacist an
1694	1706		individual licensed under this chapter responsible for staffing
1695	1707		deficiencies of the pharmacy if the qualifying pharmacist individual
1696	1708		does not have authority for staffing determinations of the pharmacy.
1697	1709		(d) The board shall grant or deny an application for a permit not
1698	1710		later than one hundred twenty (120) days after the application and any
1699	1711		additional information required by the board are submitted.
1700	1712		(e) The board may not issue a pharmacy permit to a person who
1701	1713		desires to operate the pharmacy out of a residence.
1702		-	HB 1158—LS 7067/DI 137 40
	1714	+	HB 1158—LS 7067/DI 137 41
1703	1715		SECTION 35. IC 25-26-13-24.8, AS AMENDED BY P.L.207-2021,
1704	1716		SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1705	1717		JULY 1, 2022]: Sec. 24.8. (a) Upon request of a patient, a pharmacy
1706	1718		shall transfer to another pharmacy a prescription for the patient,
1707	1719		including a prescription for a schedule II controlled substance, that the
1708	1720		pharmacy has received but not filled unless:
1709	1721		(1) prohibited in writing on the prescription by the prescriber; or
1710	1722		(2) otherwise prohibited by federal law.
1711	1723		(b) Unless prohibited by federal law, a prescription for a patient may
1712	1724		be transferred electronically or by facsimile by a pharmacy to another
1713	1725		pharmacy if the pharmacies do not share a common data base.
1714	1726		(c) A licensed pharmacy technician may transfer a prescription,
1715	1727		under subsection (b) including making a verbal transfer, as
1716	1728		delegated by a pharmacist.".
1717	1729		Page 33, delete lines 15 through 42.
1718	1730		Page 34, delete lines 1 through 10.
1719	1731		Page 35, line 33, delete "supervising".
1720	1732		Page 35, delete line 42, begin a new paragraph and insert:
1721	1733		"SECTION 40. IC 25-26-13.5-8 IS REPEALED [EFFECTIVE
1722	1734		JULY 1, 2022]. Sec. 8. (a) The qualifying pharmacist and a pharmacist
1723	1735		on duty are responsible for ensuring that the supervising pharmacy and
1724	1736		remote dispensing facility are sufficiently staffed to avoid the risk of
1725	1737		harm to public health and safety.
1726	1738		(b) In order to serve as a qualifying pharmacist, the pharmacist must
1727	1739		be in good standing with the board.
1728	1740		(c) A qualifying pharmacist may have this designation for only one
1729	1741		(1) supervising pharmacy and for one (1) remote dispensing facility at
1730	1742		a time.
1731	1743		(d) A qualifying pharmacist must be able to be physically at the
1732	1744		remote dispensing facility within a certain time set by the board to
1733	1745		address emergencies and safety issues that arise. However, in the
1734	1746		qualifying pharmacist's absence the qualifying pharmacist may
1735	1747		designate another pharmacist to fulfill the qualifying pharmacist's
1736	1748		duties at the remote dispensing facility.
1737	1749		(e) A qualifying pharmacist shall visit a remote dispensing facility
1738	1750		at least as often as required by the board to inspect the facility and
1739	1751		address personnel matters. The qualifying pharmacist shall complete
1740	1752		any forms required by the board concerning the required inspection and
1741	1753		maintain the records in a manner specified by the board.
1742	1754		(f) If the remote dispensing facility is located at a hospital or
1743	1755		physician clinic and uses an automated dispensing machine, the
1744	1756		qualifying pharmacist shall maintain an up to date inventory of any
1745		-	HB 1158—LS 7067/DI 137 41
	1757	+	HB 1158—LS 7067/DI 137 42
1746	1758		schedule II controlled substances. The qualifying pharmacist shall at
1747	1759		least monthly inventory all controlled substances.
1748	1760		(g) The qualifying pharmacist shall develop and implement a
1749	1761		continuous quality improvement program. The program must include
1750	1762		a reporting mechanism for errors that occur concerning the remote
1751	1763		dispensing facility. Information concerning the program must be
1752	1764		available to the board upon request.
1753	1765		SECTION 41. IC 25-26-13.5-8.5 IS ADDED TO THE INDIANA
1754	1766		CODE AS A NEW SECTION TO READ AS FOLLOWS
1755	1767		[EFFECTIVE JULY 1, 2022]: Sec. 8.5. A pharmacy operating a
1756	1768		remote dispensing facility is responsible for ensuring the following:
1757	1769		(1) The remote dispensing facility is sufficiently staffed to
1758	1770		avoid the risk of harm to public health and safety.
1759	1771		(2) The pharmacist servicing the remote dispensing facility is
1760	1772		in good standing with the board.
1761	1773		(3) A pharmacy may not operate more than one (1) remote
1762	1774		dispensing facility at a time, unless otherwise approved by the
1763	1775		board.
1764	1776		(4) A pharmacist must be able to be physically present at the
1765	1777		remote dispensing facility within a certain time set by the
1766	1778		board to address emergencies and safety issues that arise.
1767	1779		(5) A pharmacist shall visit the remote dispensing facility at
1768	1780		least as often as required by the board to inspect the facility,
1769	1781		address personnel matters, complete any forms required by
1770	1782		the board concerning the required inspection, and maintain
1771	1783		records in the manner specified by the board.
1772	1784		(6) If the remote dispensing facility is located at a hospital or
1773	1785		physician clinic and uses an automated dispensing machine,
1774	1786		a pharmacist must maintain an up to date inventory of any
1775	1787		schedule II controlled substances. An inventory of all
1776	1788		controlled substances must be completed at least once a
1777	1789		month.
1778	1790		(7) The pharmacy must develop a continuous quality
1779	1791		improvement program, which must include a reporting
1780	1792		mechanism for errors that occur concerning the remote
1781	1793		dispensing facility. Information concerning the remote
1782	1794		dispensing facility must be made available to the board upon
1783	1795		request.
1784	1796		SECTION 42. IC 25-26-13.5-9, AS AMENDED BY P.L.246-2019,
1785	1797		SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1786	1798		JULY 1, 2022]: Sec. 9. (a) There must be at least one (1) pharmacist
1787	1799		working at a remote dispensing facility for every six (6) pharmacist
1788		-	HB 1158—LS 7067/DI 137 42
	1800	+	HB 1158—LS 7067/DI 137 43
1789	1801		interns, licensed pharmacy technicians, and pharmacy technicians in
1790	1802		training at the supervising pharmacy and remote dispensing facility.
1791	1803		However, an individual whose only duty is to act as the cashier is not
1792	1804		included in the number of employees that may work for one (1)
1793	1805		pharmacist under this subsection.
1794	1806		(b) A remote dispensing facility that is not staffed by a pharmacist
1795	1807		must be staffed by at least one (1) pharmacy technician who meets the
1796	1808		following requirements:
1797	1809		(1) Is licensed under IC 25-26-19.
1798	1810		(2) Has at least two thousand (2,000) hours of experience working
1799	1811		as a pharmacy technician in a pharmacy licensed under this article
1800	1812		and under the direct supervision of a pharmacist.
1801	1813		(3) Has successfully passed a certification examination offered by
1802	1814		the Pharmacy Technician Certification Board or another
1803	1815		nationally recognized certification body approved by the board.
1804	1816		(4) If the remote dispensing facility is located in a hospital or
1805	1817		physician clinic setting, either:
1806	1818		(A) has graduated from a pharmacy technician training
1807	1819		program accredited by the American Council of
1808	1820		Pharmaceutical for Pharmacy Education or the American
1809	1821		Society of Health System Pharmacists; or
1810	1822		(B) obtained the hours described in subdivision (2) before July
1811	1823		1, 2017.
1812	1824		(5) Is supervised by a pharmacist at the supervising pharmacy at
1813	1825		all times that the remote dispensing facility is operational. As
1814	1826		used in this subdivision, supervision does not require that the
1815	1827		pharmacist be physically present at the remote dispensing facility
1816	1828		as long as the pharmacist is supervising telepharmacy operations
1817	1829		electronically through a computer link, video link, and audio link.
1818	1830		(6) Is currently in good standing with the board.
1819	1831		(c) A pharmacy technician in training may not work at a remote
1820	1832		dispensing facility unless a pharmacist is on site.
1821	1833		(d) The board shall adopt rules that require pharmacy technicians
1822	1834		working at a remote dispensing facility that is not staffed by a
1823	1835		pharmacist to complete continuing education requirements established
1824	1836		by the board.".
1825	1837		Page 36, delete lines 1 through 34.
1826	1838		Page 37, delete lines 26 through 42, begin a new paragraph and
1827	1839		insert:
1828	1840		"SECTION 44. IC 25-26-13.5-14, AS ADDED BY P.L.202-2017,
1829	1841		SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1830	1842		JULY 1, 2022]: Sec. 14. (a) A remote dispensing facility shall have
1831		-	HB 1158—LS 7067/DI 137 43
	1843	+	HB 1158—LS 7067/DI 137 44
1832	1844		adequate security. The security must do the following:
1833	1845		(1) Record the entrance and exit of individuals to the facility.
1834	1846		(2) Use alarms or other comparable monitoring systems that
1835	1847		protect the equipment, records, drug supply, devices, and other
1836	1848		items from unauthorized access, acquisition, or use.
1837	1849		(3) Use at least two (2) factoring credentials for employee entry
1838	1850		to the remote dispensing facility, using two (2) of the following:
1839	1851		(A) A knowledge factor, including a password.
1840	1852		(B) Biometrics.
1841	1853		(C) An inanimate object.
1842	1854		(b) The qualifying A pharmacist shall periodically review the record
1843	1855		of entries into the remote dispensing facility.
1844	1856		(c) The prescription storage area may remain open while a
1845	1857		pharmacist or pharmacy technician is on duty.
1846	1858		SECTION 45. IC 25-26-13.5-15, AS ADDED BY P.L.202-2017,
1847	1859		SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1848	1860		JULY 1, 2022]: Sec. 15. (a) A controlled substance may not be
1849	1861		dispensed at the remote dispensing facility unless:
1850	1862		(1) the facility maintains a perpetual inventory of controlled
1851	1863		substances; and
1852	1864		(2) the supervising pharmacist checks the Indiana scheduled
1853	1865		prescription electronic collection and tracking program
1854	1866		established by IC 25-1-13-4 or as directed by the board before:
1855	1867		(A) verification of the finished controlled substance
1856	1868		prescription; and
1857	1869		(B) counseling the patient.
1858	1870		(b) Drugs may be transported to a remote dispensing facility that
1859	1871		uses an automated dispensing machine only in a sealed container with
1860	1872		a list identifying each drug, drug strength, and quantity included in the
1861	1873		container.
1862	1874		(c) A delivery of drugs may be accepted at the remote dispensing
1863	1875		facility only if a pharmacist or a licensed pharmacy technician is
1864	1876		present to accept delivery and verify and sign for the receipt of the
1865	1877		drugs, unless the drugs are placed in a secured delivery area that
1866	1878		complies with federal and state law.
1867	1879		(d) If the delivery is received by a pharmacy technician, a
1868	1880		pharmacist at the supervising pharmacy shall ensure through the use of
1869	1881		the electronic audio and video communication system or bar code
1870	1882		technology that the pharmacy technician has accurately restocked the
1871	1883		drugs.
1872	1884		(e) A remote dispensing facility must store drugs in a manner that:
1873	1885		(1) complies with federal and state law;
1874		-	HB 1158—LS 7067/DI 137 44
	1886	+	HB 1158—LS 7067/DI 137 45
1875	1887		(2) protects the identity, safety, security, and integrity of the drug;
1876	1888		and
1877	1889		(3) limits access to:
1878	1890		(A) a pharmacist employed by the supervising pharmacy; and
1879	1891		(B) a pharmacy technician who has written authorization of the
1880	1892		qualifying a pharmacist to access the facility.
1881	1893		SECTION 46. IC 25-26-14-11, AS AMENDED BY P.L.264-2019,
1882	1894		SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1883	1895		JULY 1, 2022]: Sec. 11. As used in this chapter, "wholesale
1884	1896		distribution" means to distribute legend drugs to persons other than a
1885	1897		consumer or patient. The term does not include:
1886	1898		(1) a sale or transfer between a division, a subsidiary, a parent, an
1887	1899		affiliated, or a related company under the common ownership and
1888	1900		control of a corporate entity;
1889	1901		(2) the purchase or acquisition by a hospital or other health care
1890	1902		entity that is a member of a group purchasing organization of a
1891	1903		drug for the hospital's or health care entity's own use from the
1892	1904		group purchasing organization or from other hospitals or health
1893	1905		care entities that are members of the organization;
1894	1906		(3) the sale or transfer of a drug by a charitable organization
1895	1907		described in Section 501(c)(3) of the Internal Revenue Code, to:
1896	1908		(A) a nonprofit affiliate of the organization; or
1897	1909		(B) a nonprofit entity described in Section 501(c)(3) of the
1898	1910		Internal Revenue Code that is not affiliated with the
1899	1911		organization;
1900	1912		to the extent otherwise permitted by law;
1901	1913		(4) the sale of a drug among hospitals or other health care entities
1902	1914		that are under common control;
1903	1915		(5) the sale of a drug for emergency medical reasons, including
1904	1916		transfers of legend drugs by a retail pharmacy to another retail
1905	1917		pharmacy to alleviate a temporary shortage, if the gross dollar
1906	1918		value of the transfers does not exceed five percent (5%) of the
1907	1919		total legend drug sales revenue of either the transferor or
1908	1920		transferee pharmacy during any twelve (12) consecutive month
1909	1921		period;
1910	1922		(6) the sale of a drug or the dispensing of a drug pursuant to a
1911	1923		prescription;
1912	1924		(7) the distribution of drug samples by manufacturers'
1913	1925		representatives or distributors' representatives;
1914	1926		(8) the sale of blood and blood components intended for
1915	1927		transfusion;
1916	1928		(9) the sale of a drug by a retail pharmacy to a practitioner (as
1917		-	HB 1158—LS 7067/DI 137 45
	1929	+	HB 1158—LS 7067/DI 137 46
1918	1930		defined in IC 25-26-13-2) for office use, if the gross dollar value
1919	1931		of the transfers does not exceed five percent (5%) of the retail
1920	1932		pharmacy's total legend drug sales during any twelve (12)
1921	1933		consecutive months;
1922	1934		(10) the sale of a drug by a retail pharmacy that is ending its
1923	1935		business and liquidating its inventory to another retail pharmacy;
1924	1936		(11) drug returns by a hospital, health care entity, or charitable
1925	1937		institution conducted under 21 CFR 203.23;
1926	1938		(12) the sale of minimal quantities of drugs by retail pharmacies
1927	1939		to licensed practitioners for office use;
1928	1940		(13) the distribution of prescription drugs by the original
1929	1941		manufacturer of the finished form of the prescription drug or the
1930	1942		distribution of the co-licensed products by a partner of the
1931	1943		original manufacturer of the finished form of the prescription
1932	1944		drug; or
1933	1945		(14) drug returns that meet criteria established by rules adopted
1934	1946		by the board; or
1935	1947		(15) the sale of a drug for research or clinical trial purposes,
1936	1948		provided the seller is authorized by the federal Food and Drug
1937	1949		Administration to sell the drug for research or clinical trial
1938	1950		purposes.".
1939	1951		Delete pages 38 through 39.
1940	1952		Page 40, delete lines 1 through 23.
1941	1953		Page 40, line 35, after "physician" insert ", a physician assistant,".
1942	1954		Page 40, delete lines 39 through 42.
1943	1955		Delete pages 41 through 43.
1944	1956		Page 44, delete lines 1 through 27.
1945	1957		Page 44, delete lines 37 through 42.
1946	1958		Delete page 45.
1947	1959		Page 46, delete lines 1 through 17.
1948	1960		Page 46, delete lines 21 through 27.
1949	1961		Page 46, delete lines 39 through 42.
1950	1962		Page 47, delete lines 1 through 7.
1951	1963		Renumber all SECTIONS consecutively.
1952	1964		and when so amended that said bill do pass.
1953	1965		(Reference is to HB 1158 as introduced.)
1954	1966		BARRETT
1955	1967		Committee Vote: yeas 11, nays 0.
1956		-	HB 1158—LS 7067/DI 137 46
1957		-	HOUSE MOTION
1958		-	Mr. Speaker: I move that House Bill 1158 be amended to read as
1959		-	follows:
1960		-	Page 15, delete lines 21 through 33.
1961		-	Renumber all SECTIONS consecutively.
1962		-	(Reference is to HB 1158 as printed January 20, 2022.)
1963		-	CLERE
1964	1968		HB 1158—LS 7067/DI 137