Bill Text: IN HB1017 | 2011 | Regular Session | Enrolled
Bill Title: Unused medication.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1017 Detail]
Download: Indiana-2011-HB1017-Enrolled.html
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AN ACT to amend the Indiana Code concerning health.
(1) medical care to be provided to committed individuals, including treatment for mental retardation, alcoholism, and drug addiction;
(2) administration of medical facilities and health centers operated by the department;
(3) medical equipment, supplies, and devices to be available for medical care;
(4) provision of special diets to committed individuals;
(5) acquisition, storage, handling, distribution, and dispensing of all medication and drugs;
(6) the return of unused medications that meet the requirements of IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6) to the pharmacy that dispensed the medication;
(b) The state department of health shall make an annual inspection
of every health facility, health center, or hospital operated by the
department and report to the commissioner whether that facility, center,
or hospital meets the requirements established by the state department
of health. Any noncompliance with those requirements must be stated
in writing to the commissioner, with a copy to the governor.
(c) For purposes of IC 4-22-2, the term "directive" as used in this
section relates solely to internal policy and procedure not having the
force of law.
(d) For purposes of subsection (a)(6), the department:
(1) shall return medication that belonged to a Medicaid
recipient; and
(2) may return other unused medication;
to the pharmacy that dispensed the medication if the unused
medication meets the requirements of IC 25-26-13-25(j)(1) through
IC 25-26-13-25(j)(6).
(e) The department may establish directives concerning the
return of unused medical devices or medical supplies that are used
for prescription drug therapy and that meet the requirements of
IC 25-26-13-25(k).
(f) A pharmacist or pharmacy that enters into an agreement
with the department to accept the return of:
(1) unused medications that meet the requirements of
IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6); or
(2) unused medical devices or medical supplies that are used
for prescription drug therapy and that meet the requirements
of IC 25-26-13-25(k);
may negotiate with the department a fee for processing the returns.
(1) unused medications that meet the requirements of IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6); and
(2) unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(k).
(b) The county sheriff:
(1) shall return medication that belonged to a Medicaid recipient; and
(2) may return other unused medication;
to the pharmacy that dispensed the medication if the unused medication meets the requirements of IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6).
(c) The county sheriff may return unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(k) to a pharmacy or pharmacist.
(d) A pharmacist or pharmacy that enters into an agreement with the county sheriff to accept the return of:
(1) unused medications that meet the requirements of IC 25-26-13-25(j)(1) through IC 25-26-13-25(j)(6); or
(2) unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(k);
may negotiate with the county sheriff a fee for processing the returns.
(1) shall return medication that belonged to a Medicaid recipient; and
(2) may return other unused medication;
to the pharmacy that dispensed the medication.
(b) An entity participating in a program under IC 25-26-23 may return unused medication to the pharmacy that dispensed the medication if the board of pharmacy adopts a rule allowing this procedure under IC 25-26-23-2.
(b) A prescription may be electronically transmitted from the practitioner by computer or another electronic device to a pharmacy that is licensed under this article or any other state or territory. An electronic data intermediary that is approved by the board:
(1) may transmit the prescription information between the prescribing practitioner and the pharmacy;
(2) may archive copies of the electronic information related to the transmissions as necessary for auditing and security purposes; and
(3) must maintain patient privacy and confidentiality of all archived information as required by applicable state and federal laws.
(c) Except as provided in subsection (d), a prescription for any drug, the label of which bears either the legend, "Caution: Federal law prohibits dispensing without prescription" or "Rx Only", may not be refilled without written, electronically transmitted, or oral authorization of a licensed practitioner.
(d) A prescription for any drug, the label of which bears either the legend, "Caution: Federal law prohibits dispensing without prescription" or "Rx Only", may be refilled by a pharmacist one (1) time without the written, electronically transmitted, or oral authorization of a licensed practitioner if all of the following conditions are met:
(1) The pharmacist has made every reasonable effort to contact the original prescribing practitioner or the practitioner's designee for consultation and authorization of the prescription refill.
(2) The pharmacist believes that, under the circumstances, failure to provide a refill would be seriously detrimental to the patient's health.
(3) The original prescription authorized a refill but a refill would otherwise be invalid for either of the following reasons:
(A) All of the authorized refills have been dispensed.
(B) The prescription has expired under subsection (g).
(4) The prescription for which the patient requests the refill was:
(A) originally filled at the pharmacy where the request for a refill is received and the prescription has not been transferred for refills to another pharmacy at any time; or
(B) filled at or transferred to another location of the same pharmacy or its affiliate owned by the same parent corporation if the pharmacy filling the prescription has full access to prescription and patient profile information that is simultaneously and continuously updated on the parent corporation's information system.
(5) The drug is prescribed for continuous and uninterrupted use and the pharmacist determines that the drug is being taken properly in accordance with IC 25-26-16.
(6) The pharmacist shall document the following information
regarding the refill:
(A) The information required for any refill dispensed under
subsection (e).
(B) The dates and times that the pharmacist attempted to
contact the prescribing practitioner or the practitioner's
designee for consultation and authorization of the prescription
refill.
(C) The fact that the pharmacist dispensed the refill without
the authorization of a licensed practitioner.
(7) The pharmacist notifies the original prescribing practitioner
of the refill and the reason for the refill by the practitioner's next
business day after the refill has been made by the pharmacist.
(8) Any pharmacist initiated refill under this subsection may not
be for more than the minimum amount necessary to supply the
patient through the prescribing practitioner's next business day.
However, a pharmacist may dispense a drug in an amount greater
than the minimum amount necessary to supply the patient through
the prescribing practitioner's next business day if:
(A) the drug is packaged in a form that requires the pharmacist
to dispense the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day; or
(B) the pharmacist documents in the patient's record the
amount of the drug dispensed and a compelling reason for
dispensing the drug in a quantity greater than the minimum
amount necessary to supply the patient through the prescribing
practitioner's next business day.
(9) Not more than one (1) pharmacist initiated refill is dispensed
under this subsection for a single prescription.
(10) The drug prescribed is not a controlled substance.
A pharmacist may not refill a prescription under this subsection if the
practitioner has designated on the prescription form the words "No
Emergency Refill".
(e) When refilling a prescription, the refill record shall include:
(1) the date of the refill;
(2) the quantity dispensed if other than the original quantity; and
(3) the dispenser's identity on:
(A) the original prescription form; or
(B) another board approved, uniformly maintained, readily
retrievable record.
(f) The original prescription form or the other board approved
record described in subsection (e) must indicate by the number of the
original prescription the following information:
(1) The name and dosage form of the drug.
(2) The date of each refill.
(3) The quantity dispensed.
(4) The identity of the pharmacist who dispensed the refill.
(5) The total number of refills for that prescription.
(g) A prescription is valid for not more than one (1) year after the
original date of issue.
(h) A pharmacist may not knowingly dispense a prescription after
the demise of the practitioner, unless in the pharmacist's professional
judgment it is in the best interest of the patient's health.
(i) A pharmacist may not knowingly dispense a prescription after
the demise of the patient.
(j) A pharmacist or a pharmacy shall not resell, reuse, or redistribute
a medication that is returned to the pharmacy after being dispensed
unless the medication:
(1) was dispensed to a patient: an individual:
(A) residing in an institutional facility (as defined in 856
IAC 1-28.1-1(6)); or
(B) in a hospice program under IC 16-25; or
(C) in a county jail or department of correction facility;
(2) was properly stored and securely maintained according to
sound pharmacy practices;
(3) is returned unopened and:
(A) was dispensed in the manufacturer's original:
(i) bulk, multiple dose container with an unbroken tamper
resistant seal; or
(ii) unit dose package; or
(B) was packaged by the dispensing pharmacy in a:
(i) multiple dose blister container; or
(ii) unit dose package;
(4) was dispensed by the same pharmacy as the pharmacy
accepting the return;
(5) is not expired; and
(6) is not a controlled substance (as defined in IC 35-48-1-9),
unless the pharmacy holds a Type II permit (as described in
section 17 of this chapter).
(k) A pharmacist or a pharmacy shall not resell, reuse, or
redistribute medical devices or medical supplies used for
prescription drug therapy that have been returned to the
pharmacy after being dispensed unless the medical devices or
medical supplies:
(1) were dispensed to an individual in a county jail or
department of correction facility;
(2) are not expired; and
(3) are returned unopened and in the original sealed
packaging.
(k) (l) A pharmacist may use the pharmacist's professional judgment
as to whether to accept medication for return under this section.
(l) (m) A pharmacist who violates subsection (d) commits a Class
A infraction.
(b) In emergency situations, as defined by rule of the board, schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of section 7 of this chapter. No prescription for a schedule II substance may be refilled.
(c) Except for dosages medically required for a period of not more than forty-eight (48) hours that are dispensed by or on the direction of a practitioner, or medication dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a controlled substance included in schedule III or IV, which is a prescription drug as determined under IC 16-42-19, shall not be dispensed without a written, electronic, or oral prescription of a practitioner. The prescription shall not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner. Prescriptions for schedule III, IV, and V controlled substances may be transmitted by facsimile from the practitioner or the agent of the practitioner to a pharmacy. The facsimile prescription is equivalent to an original prescription to the extent permitted under federal law.
(d) A controlled substance included in schedule V shall not be distributed or dispensed other than for a medical purpose.
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