S.E.A. 161, P.L. 5
Effective: §1 and 5 effective June 1, 2016; §§2-3, 14 effective March 21, 2016; §§4, 6-13 effective July 1, 2016
Requires the division of state court administration to report certain methamphetamine-related felonies to the National Precursor Log Exchange (NPLEx) so that NPLEx can generate a stop sale alert to prevent persons convicted of those felonies from purchasing ephedrine or pseudoephedrine. Requires the Indiana board of pharmacy (board) to adopt emergency rules that are effective July 1, 2016, concerning: (1) professional determinations made; and (2) a relationship on record with the pharmacy; concerning the sale of ephedrine or pseudoephedrine. Authorizes the board to: (1) review professional determinations made; and (2) discipline a pharmacist who violates a rule concerning a professional determination made; concerning the sale of ephedrine or pseudoephedrine. Allows the board, in consultation with the state police, to declare a product to be an extraction resistant or a conversion resistant form of ephedrine or pseudoephedrine. Specifies that a person who is denied the sale of a nonprescription product containing pseudoephedrine or ephedrine is not prohibited from obtaining pseudoephedrine or ephedrine pursuant to a prescription. Provides that a pharmacist or pharmacy technician may determine that the purchaser has a relationship on record with the pharmacy, in compliance with rules adopted by the board. Allows a pharmacist to deny the sale of ephedrine or pseudoephedrine on the basis of the pharmacist’s professional judgment, and provides the pharmacist with civil immunity for making such a denial. Provides that a purchaser who has a relationship on record with the pharmacy may purchase pseudoephedrine or ephedrine. Allows the pharmacist to provide certain pseudoephedrine or ephedrine products to a purchaser who does not have a relationship on record with the pharmacy or for whom the pharmacist has made a professional judgment that there is not a medical or pharmaceutical need. Requires the Indiana scheduled prescription electronic collection and tracking (INSPECT) program to track ephedrine and pseudoephedrine dispensed pursuant to a prescription. Removes an expired provision. Makes technical changes.
The full law is available at: http://iga.in.gov/legislative/2016/bills/senate/161