2018 Indiana Code
TITLE 35. Criminal Law and Procedure
ARTICLE 48. CONTROLLED SUBSTANCES
CHAPTER 7. Central Repository for Controlled Substances Data
35-48-7-8.1. Ephedrine, pseudoephedrine, and controlled substance monitoring program; information; prescription forms; identification
Sec. 8.1. (a) The board shall provide for an ephedrine, pseudoephedrine, and controlled substance prescription monitoring program that includes the following components:
(1) Each time ephedrine, pseudoephedrine, or a controlled substance designated by the board under IC 35-48-2-5 through IC 35-48-2-10 is dispensed, the dispenser shall transmit to the INSPECT program the following information:
(A) The ephedrine, pseudoephedrine, or controlled substance recipient's name.
(B) The ephedrine, pseudoephedrine, or controlled substance recipient's or the recipient representative's identification number or the identification number or phrase designated by the INSPECT program.
(C) The ephedrine, pseudoephedrine, or controlled substance recipient's date of birth.
(D) The national drug code number of the ephedrine, pseudoephedrine, or controlled substance dispensed.
(E) The date the ephedrine, pseudoephedrine, or controlled substance is dispensed.
(F) The quantity of the ephedrine, pseudoephedrine, or controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency registration number.
(I) The prescriber's United States Drug Enforcement Agency registration number.
(J) An indication as to whether the prescription was transmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under this section must be transmitted not more than twenty-four (24) hours after the date on which ephedrine, pseudoephedrine, or a controlled substance is dispensed. However, if the dispenser's pharmacy is closed the day following the dispensing, the information must be transmitted by the end of the next business day.
(3) A dispenser shall transmit the information required under this section by:
(A) uploading to the INSPECT web site; or
(B) another electronic method that meets specifications prescribed by the board.
(4) The board may require that prescriptions for ephedrine, pseudoephedrine, or controlled substances be written on a one (1) part form that cannot be duplicated. However, the board may not apply such a requirement to prescriptions filled at a pharmacy with a Category II permit (as described in IC 25-26-13-17) and operated by a hospital licensed under IC 16-21, or prescriptions ordered for and dispensed to bona fide enrolled patients in facilities licensed under IC 16-28. The board may not require multiple copy prescription forms for any prescriptions written. The board may not require different prescription forms for any individual drug or group of drugs. Prescription forms required under this subdivision must be approved by the Indiana board of pharmacy established by IC 25-26-13-3.
(5) The costs of the program.
(6) As part of the information to be completed in the data base and if available, an entry where a dispenser indicates that a patient is participating in a pain management contract with a designated practitioner.
(b) The board shall consider the recommendations of the committee concerning the INSPECT program.
(c) This subsection applies only to a retail pharmacy. A pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense ephedrine, pseudoephedrine, or a controlled substance may not dispense ephedrine, pseudoephedrine, or a controlled substance to a person who is not personally known to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense a controlled substance unless the person taking possession of the ephedrine, pseudoephedrine, or controlled substance provides documented proof of the person's identification to the pharmacist, pharmacy technician, or person authorized by a pharmacist to dispense ephedrine, pseudoephedrine, or a controlled substance.
As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss), SEC.399; P.L.84-2010, SEC.97; P.L.94-2010, SEC.13; P.L.42-2011, SEC.76; P.L.152-2012, SEC.14; P.L.131-2014, SEC.9; P.L.89-2015, SEC.4; P.L.5-2016, SEC.10; P.L.164-2017, SEC.1; P.L.194-2018, SEC.2.
