Bill Text: IN HB1465 | 2013 | Regular Session | Enrolled


Bill Title: Prescriptions and INSPECT program.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2013-05-13 - Public Law 114 [HB1465 Detail]

Download: Indiana-2013-HB1465-Enrolled.html


First Regular Session 118th General Assembly (2013)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    HOUSE ENROLLED ACT No. 1465



     AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-48-3-9; (13)HE1465.1.1. -->
    SECTION 1. IC 35-48-3-9, AS AMENDED BY P.L.174-2011, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 9. (a) 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, no controlled substance in schedule II may be dispensed without the written or electronic prescription of a practitioner.
    (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.
     (e) Prescriptions for schedule V controlled substances may be transmitted by an electronic prescription from the practitioner or the agent of the practitioner to a pharmacy.

SOURCE: IC 35-48-7-13.1; (13)HE1465.1.2. -->     SECTION 2. IC 35-48-7-13.1, AS ADDED BY P.L.65-2006, SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 13.1. (a) This section applies after June 30, 2007.
    (b) (a) The controlled substances data fund is established to fund the operation of the INSPECT program. The fund shall be administered by the Indiana professional licensing agency.
    (c) (b) Expenses of administering the fund shall be paid from money in the fund. The fund consists of grants, public and private financial assistance, and sixteen percent (16%) of the controlled substances registration fees imposed under rules adopted under IC 35-48-3-1.
    (d) (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested.
    (e) (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
SOURCE: ; (13)HE1465.1.3. -->     SECTION 3. [EFFECTIVE JULY 1, 2013] (a) As used in this SECTION, "committee" refers to the INSPECT interim study committee established by subsection (b).
    (b) There is established the INSPECT interim study committee. The committee shall study and make recommendations to the general assembly and the Indiana professional licensing agency concerning the following:
        (1) Potential enhancements to the INSPECT (as defined by IC 35-48-7-5.2) program, including real time reporting of collected information, reporting of criminal convictions for crimes involving controlled substances and illegal drugs, use of the NARx Check system, adding legend drugs to the program, and requiring health care practitioners who prescribe medications to use the INSPECT program and other information that would assist health care practitioners.
        (2) The beneficial effects and limitations for health care practitioners, pharmacists, and law enforcement of each

potential enhancement studied in subdivision (1) with respect to curbing controlled substance abuse.
    (c) The committee shall operate under the policies and procedures governing study committees adopted by the legislative council.
    (d) The committee consists of the following voting members:
        (1) Two (2) senators, not more than one (1) of whom may be a member of the same political party, appointed by the president pro tempore of the senate in consultation with the minority leader of the senate.
        (2) Two (2) representatives, not more than one (1) of whom may be a member of the same political party, appointed by the speaker of the house of representatives in consultation with the minority leader of the house of representatives.
        (3) One (1) practicing emergency physician appointed by the president pro tempore of the senate.
        (4) One (1) practicing primary care physician appointed by the president pro tempore of the senate.
        (5) One (1) practicing pharmacist appointed by the president pro tempore of the senate.
        (6) One (1) employee of a federally qualified health center (as defined in 42 U.S.C. 1396d(l)(2)(B)) appointed by the speaker of the house of representatives.
        (7) One (1) hospital administrator appointed by the speaker of the house of representatives.
        (8) The attorney general or the attorney general's designee.
        (9) The governor or the governor's designee.
The chairman of the legislative council shall appoint the chairperson of the committee from among the members of the general assembly appointed to the committee. The chairperson of the committee serves at the pleasure of the appointing authority.
    (e) The affirmative votes of a majority of the members of the committee are required for the committee to take action on any measure, including final reports.
    (f) Each member of the committee who is not a member of the general assembly or a state employee is not entitled to per diem or travel expenses.
    (g) Each member of the committee who is a state employee but not a member of the general assembly is entitled to the following:
        (1) Reimbursement for traveling expenses as provided under IC 4-13-1-4.
        (2) Other expenses actually incurred in connection with the

member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
    (h) Each member of the committee who is a member of the general assembly is entitled to the per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council.
    (i) This SECTION expires December 31, 2013.


HEA 1465 _ Concur

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