The Corrections and Criminal Law Committee simultaneously heard SB 161 authored by Sen. Young on methamphetamine matters, and SB 80 authored by Sen. Head and Sen. Merritt on pharmacists and ephedrine. SB 80 further addresses pharmacist discretion in ephedrine or pseudoephedrine (PSE) sales. Both bills require reporting of drug-related felony convictions to the National Precursor Log Exchange (NPLEx) in order to generate a stop-sale alert preventing convicted drug felons from purchasing ephedrine or pseudoephedrine (PSE), prohibit such felons from possessing PSE without a prescription, and confer civil immunity for denying sales based on a stop-sale alert. SB 80 further requires pharmacists to deny the sale of PSE if, in their professional judgment, the customer has no legitimate need for the medication.
Both bills’ authors explained that other states with registries barring meth felons from buying PSE have seen roughly and 80% reduction in meth labs; and that concerns about the fiscal impact of implementing the registry may be overstated, and potentially eliminated if the DOC would report such convictions to NPLEx. As to SB 80, Sen. Head explained that the pharmacist-discretion provisions are a compromise to confirm a legitimate medical need for PSE without making it prescription-only; that “meth-resistant” PSE products are available that pharmacists could offer if they were unsure of a particular customer’s legitimate need; and that Fulton County pharmacies are voluntarily using such discretion and meth labs have been reduced 50%.
Representatives from the Fulton County Sheriff, Indiana State Medical Association, Indiana Youth Services Organization, and Indiana Association of Cities & Towns testified in support of both bills.
Testifying in support of the NPLEx provisions were representatives from the Indiana Minority Health Coalition, Indiana Retail Council, Indiana Petroleum Marketers & Convenience Store Association, and Consumer Healthcare Products Association. A representative from the Indiana State Police Alliance testified in opposition.
Testifying in support of the pharmacist-discretion provisions were a Fulton County pharmacist; Drug-Free Fulton County; Community Pharmacies of Indiana; Indiana State Police Alliance; and Indiana Pharmacists Alliance. Opposed were Indiana Minority Health Coalition, Indiana Retail Council, Indiana Petroleum Marketers & Convenience Store Association, and Consumer Healthcare Products Association.
The Indiana Association of Chiefs of Police is neutral on both bills, believing that the only effective approach will be to require prescriptions. The Indiana Grocery and Convenience Store Association opposes both bills.
SB 80 was amended by consent to delete the NPLEx-related provisions and permit the proposals to advance independently of each other; to confer civil immunity for pharmacists’ exercise of professional discretion; and to provide that if a pharmacist determines a customer’s need is legitimate, the pharmacist must sell the PSE product of the customer’s choice.
Both bills’ immunity provisions were amended by consent to cover negligence in denying a PSE sale.
SB 80 passed as amended 8-2. Read the bill at https://iga.in.gov/legislative/2016/bills/senate/80
SB 161 passed 10-0 and was recommitted to the Appropriations Committee. Read the bill at https://iga.in.gov/legislative/2016/bills/senate/161