Indiana § 25-26-13-17 - Classes of pharmacy permits

§ 25-26-13-17. Classes of pharmacy permits

Sec. 17. (a) The board shall establish classes of pharmacy permits as follows:

Category I. A retail permit for a pharmacy that provides pharmaceutical care to the general public by the dispensing of a drug or device.

Category II. An institutional permit for hospitals, clinics, health care facilities, sanitariums, nursing homes, or dispensaries that offer pharmaceutical care by dispensing a drug product to an inpatient under a drug order or to an outpatient of the institution under a prescription.

Category III. A permit for a pharmacy that provides closed door, central fill, mail order, or other processing operations that are not open to the general public but include:

(A) traditional pharmacy functions; or

(B) nontraditional pharmacy functions, such as infusion, nuclear pharmacy, or sterile compounding.

(b) Except for when registration as a remote dispensing facility (as defined in IC 25-26-13.5-3) is required under IC 25-26-13.5, the board may approve a remote or mobile location for Category I, II, or III permits and any nonresident pharmacy registered with the board. Pharmacy practice in a mobile or remote location may include, but is not limited to, telepharmacy, automated dispensing, or delivery of cognitive services.

(c) A hospital or hospital system holding a Category II permit may offer drugs or devices:

(1) to:

(A) an employee, student, or volunteer of the hospital or hospital system;

(B) a retiree who is participating in a retirement, pension, or benefit program administered by the hospital or hospital system;

(C) an independent contractor who has an exclusive relationship with the hospital or hospital system;

(D) a member of the hospital's or hospital system's governing board; or

(E) a member of the hospital's or hospital system's medical staff; and

(2) to dependents of the individuals listed in subdivision (1);

for their own use.

(d) Hospitals holding a Category II permit may operate remote locations within a reasonable distance of the licensed area, as determined by the board, after:

(1) filing an application on a form prepared by the board;

(2) having each location inspected by the board; and

(3) obtaining approval from the board.

(e) Any applicable rule governing the practice of pharmacy in Indiana shall apply to all permits under this section.

(f) After June 30, 2012, a person with:

(1) a Type I permit shall be treated as holding a Category I permit;

(2) a Type II permit shall be treated as holding a Category II permit; and

(3) a Type III, IV, V, or VI permit shall be treated as holding a Category III permit.

The change in the name of the permit does not change the expiration date of the permit.

(g) After June 30, 2012, a reference in any rule or other document to:

(1) a Type I permit shall be treated as a reference to a Category I permit;

(2) a Type II permit shall be treated as a reference to a Category II permit; or

(3) a Type III, IV, V, or VI permit shall be treated as a reference to a Category III permit.

(h) A pharmacy holding a Category I permit may offer drugs or devices to the following:

(1) A long term care facility licensed under or subject to IC 16-28-2.

(2) A health facility licensed under IC 16-28.

(3) A housing with services establishment (as defined in IC 12-10-15-3) registered with the office of the secretary of family and social services.

As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.149-1987, SEC.76; P.L.147-1991, SEC.4; P.L.98-2006, SEC.9; P.L.159-2012, SEC.4; P.L.152-2012, SEC.10; P.L.202-2017, SEC.4; P.L.246-2019, SEC.8; P.L.264-2019, SEC.7.