2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 26. PHARMACISTS, PHARMACIES, DRUG STORES CHAPTER 20. REGIONAL DRUG REPOSITORY PROGRAM
Download as PDF
IC 25-26-20
Chapter 20. Regional Drug Repository Program
IC 25-26-20-1
Definitions
Sec. 1. The definitions in IC 25-26-13-2 apply throughout this
chapter.
As added by P.L.75-2004, SEC.4.
IC 25-26-20-2
"Nonprofit health clinic"
Sec. 2. As used in this chapter, "nonprofit health clinic" means any
of the following:
(1) A federally qualified health center (as defined in 42 U.S.C.
1396d(l)(2)(B)).
(2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(3) A nonprofit health clinic that provides medical care to
patients who are indigent, uninsured, or underinsured.
As added by P.L.75-2004, SEC.4.
IC 25-26-20-3
Voluntary regional drug repository program to collect and
redistribute drugs to nonprofit health clinics
Sec. 3. (a) The board may organize a voluntary regional drug
repository program to collect and redistribute drugs to nonprofit
health clinics.
(b) The board may enter into a voluntary agreement with any of
the following to serve as a regional drug repository:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A nonprofit health clinic.
(c) A regional drug repository may not receive compensation for
participation in the program.
As added by P.L.75-2004, SEC.4.
IC 25-26-20-4
Donations of unadulterated drugs; exceptions
Sec. 4. (a) Except as provided in subsections (b) and (c),
unadulterated drugs that meet the requirements set forth in
IC 25-26-13-25(k) may be donated without a prescription or drug
order to the regional drug repository program by the following:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A hospice.
(6) A practitioner.
(b) An unadulterated drug that:
(1) was returned under IC 25-26-13-25; and
(2) was prescribed for a Medicaid recipient;
may not be donated under this section unless the Medicaid program
has been credited for the product cost of the drug as provided in
policies under the Medicaid program.
(c) A controlled drug may not be donated under this section.
As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005,
SEC.19; P.L.159-2012, SEC.8.
IC 25-26-20-5
Sale of donated drug prohibited; Medicaid recipients and
participants in state funded prescription drug plan ineligible
Sec. 5. (a) A drug that is given by a regional drug repository to a
nonprofit health clinic may not be:
(1) sold; or
(2) given to a patient, except upon a practitioner's prescription
or drug order.
(b) An individual who is eligible to participate in:
(1) the state Medicaid program under IC 12-15; or
(2) a program that:
(A) provides a prescription drug benefit; and
(B) is funded in whole or in part by state funds;
is not eligible to receive a drug donated under the voluntary regional
drug repository program organized under section 3 of this chapter.
As added by P.L.75-2004, SEC.4.
IC 25-26-20-6
Immunity
Sec. 6. (a) The following are not subject to liability under
IC 34-20-2-1:
(1) A person or entity who donates a drug to a regional drug
repository program under this chapter in accordance with rules
adopted by the board under section 7 of this chapter.
(2) A non-profit health clinic or practitioner who accepts or
dispenses a drug under the regional drug repository program in
accordance with rules adopted by the board under section 7 of
this chapter.
(3) A regional drug repository that distributes a drug under the
program in accordance with rules adopted by the board under
section 7 of this chapter.
(b) Except in cases of negligence or willful misconduct by the
manufacturer, a drug manufacturer is not subject to liability under
IC 34-20-2-1 for a claim arising from a drug that is donated,
accepted, or dispensed under this chapter to the user or the consumer.
As added by P.L.75-2004, SEC.4.
IC 25-26-20-7
Adoption of rules
Sec. 7. The board may adopt rules under IC 4-22-2 to:
(1) establish standards and procedures for accepting, storing,
and dispensing drugs donated under this chapter;
(2) establish the types of drugs that may be donated; and
(3) administer this chapter.
As added by P.L.75-2004, SEC.4.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
