2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 26. PHARMACISTS, PHARMACIES, DRUG STORES CHAPTER 23. RETURNING UNUSED MEDICATION
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IC 25-26-23
Chapter 23. Returning Unused Medication
IC 25-26-23-1
"Board"
Sec. 1. For purposes of this chapter, "board" means the Indiana
board of pharmacy.
As added by P.L.119-2011, SEC.4.
IC 25-26-23-2
Adoption of rules
Sec. 2. (a) The board shall adopt rules under IC 4-22-2 to
implement this chapter.
(b) The board may adopt emergency rules under IC 4-22-2-37.1
to implement this chapter.
As added by P.L.119-2011, SEC.4.
IC 25-26-23-3
Determination of entities
Sec. 3. The board shall determine the entities that may participate
in a program under this chapter, but must include health facilities
licensed under IC 16-28 and pharmacies.
As added by P.L.119-2011, SEC.4.
IC 25-26-23-4
Rules for an entity to accept unused medications
Sec. 4. The rules adopted under this chapter must set forth the
guidelines for an entity to accept unused medication. The rules must
set forth:
(1) the responsibilities of the entities who are accepting the
unused medication;
(2) details concerning record keeping of the medication
collected;
(3) the proper methods to destroy unused medication;
(4) privacy protocols;
(5) security standards; and
(6) proper transportation procedures.
As added by P.L.119-2011, SEC.4.
IC 25-26-23-5
Rules allowing an entity to return unused medication
Sec. 5. The board may adopt rules allowing an entity determined
under section 3 of this chapter to return unused medication to the
pharmacy that dispensed the medication as described in
IC 16-28-11-4(b).
As added by P.L.119-2011, SEC.4.
IC 25-26-23-6
Required board consultation with certain agencies and task force
to promulgate rules
Sec. 6. The board shall consult with the following agencies and
task force in promulgating rules under this chapter:
(1) The department of environmental management.
(2) The state department of health.
(3) The state police department.
(4) The Indiana hazardous waste task force.
As added by P.L.119-2011, SEC.4.
IC 25-26-23-7
Limitation of rules adopted under this chapter
Sec. 7. The rules adopted under this chapter may not:
(1) mandate any public or private entity to establish, operate, or
fund a disposal program under this chapter;
(2) mandate that law enforcement participate in a program under
this chapter;
(3) require any new licensing or fees for a program under this
chapter;
(4) create liability for:
(A) an entity not participating in; or
(B) a patient not using;
a program under this chapter; and
(5) have a fiscal impact to the state or any state agencies.
As added by P.L.119-2011, SEC.4.
IC 25-26-23-8
Immunity from civil liability for certain entities or employees
Sec. 8. (a) An entity or employee of an entity described in section
3 of this chapter who is operating a program under this chapter is
immune from civil liability for an act or omission related to the
operation of the program.
(b) The civil immunity described in subsection (a) does not apply
to:
(1) an act or omission that constitutes gross negligence or
willful, wanton, or intentional misconduct; and
(2) the enforcement of rules adopted under this chapter by a
government entity.
As added by P.L.119-2011, SEC.4.
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