Title 25, PROFESSIONS AND OCCUPATIONS

Sec. 11. This chapter does not apply to an investigative audit conducted for purposes of determining whether fraud, willful misrepresentation, or alleged serious abuse has occurred. As added by P.L.7-2009, SEC.1.

Sec. 2. As used in this chapter, "audit" means an audit of a pharmacy: (1) on behalf of a third party payer; and (2) related to a particular claim made by the pharmacy to the third party payer. As added by P.L.7-2009, SEC.1.

Sec. 3. As used in this chapter, "extrapolation audit" means an audit of a sample of claims submitted by a pharmacy to a third party payer, the results of which are used to estimate audit results for a larger group of unaudited claims submitted by the pharmacy to the third party …

Sec. 4. An audit must be conducted in compliance with this chapter. As added by P.L.7-2009, SEC.1.

Sec. 4.2. (a) A third party payer may cause an onsite audit to occur at a particular pharmacy location not more than one (1) time per calendar year. (b) A company that conducts an audit for a third party payer may conduct an onsite audit at a particular pharmacy location not more…

Sec. 5. An auditor conducting an audit shall comply with all of the following: (1) The contract under which the audit is performed must provide a description of audit procedures that will be followed. (2) For an onsite audit conducted at a pharmacy's location, the auditor that co…

Sec. 6. (a) This section does not apply to an audit conducted by the Medicaid, Medicare, or any other federal program. (b) Following an audit, the auditor shall provide to the pharmacy written audit reports as follows: (1) The auditor shall deliver a preliminary audit report to t…

Sec. 7. (a) A clerical error related to or contained in a document that is necessary to the conduct of an audit does not constitute fraud without proof of intent to commit fraud. (b) A clerical error that results in inappropriate payment of a claim by the third party payer may re…

Sec. 8. An audit finding of an overpayment or underpayment of a claim: (1) must be based on an actual overpayment or underpayment; and (2) may not be based on a projection that is based on the number of: (A) patients who: (i) have similar diagnoses; and (ii) are served by the pha…

Sec. 9. (a) This section does not apply to an audit conducted by the Medicaid, Medicare, or any other federal program. (b) Before recoupment of funds may be made based on an audit finding of overpayment or underpayment: (1) a final audit report must be distributed; and (2) except…

Sec. 1. For purposes of this chapter, "board" means the Indiana board of pharmacy. As added by P.L.119-2011, SEC.4.

Sec. 2. The board shall adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.119-2011, SEC.4. Amended by P.L.93-2024, SEC.190.

Sec. 3. The board shall determine the entities that may participate in a program under this chapter, but must include health facilities licensed under IC 16-28 and pharmacies. As added by P.L.119-2011, SEC.4.

Sec. 4. The rules adopted under this chapter must set forth the guidelines for an entity to accept unused medication. The rules must set forth: (1) the responsibilities of the entities who are accepting the unused medication; (2) details concerning record keeping of the medicatio…

Sec. 5. The board may adopt rules allowing an entity determined under section 3 of this chapter to return unused medication to the pharmacy that dispensed the medication as described in IC 16-28-11-4(b). As added by P.L.119-2011, SEC.4.

Sec. 6. The board shall consult with the following agencies and task force in promulgating rules under this chapter: (1) The department of environmental management. (2) The Indiana department of health. (3) The state police department. (4) The Indiana hazardous waste task force. …

Sec. 7. The rules adopted under this chapter may not: (1) mandate any public or private entity to establish, operate, or fund a disposal program under this chapter; (2) mandate that law enforcement participate in a program under this chapter; (3) require any new licensing or fees…

Sec. 8. (a) An entity or employee of an entity described in section 3 of this chapter who is operating a program under this chapter is immune from civil liability for an act or omission related to the operation of the program. (b) The civil immunity described in subsection (a) do…

Sec. 9. (a) As used in this section, "unit" means a city, town, or county. (b) A program to accept unused medication by a business or other entity that complies with applicable state and federal law is not subject to regulation by a unit. (c) A unit may not do any of the followin…

Sec. 1. As used in this chapter, "board" refers to the Indiana board of pharmacy. As added by P.L.51-2019, SEC.8.

Sec. 10. As used in this chapter, "patient" means an individual who has requested or received health care services from a provider for the examination, treatment, diagnosis, or prevention of a physical or mental condition. As added by P.L.51-2019, SEC.8.

Sec. 11. As used in this chapter, "practitioner" means a physician, dentist, veterinarian, podiatrist, nurse practitioner, scientific investigator, pharmacist, hospital, or other institution or individual licensed, registered, or otherwise permitted to distribute, dispense, condu…

Sec. 12. As used in this chapter, "prescription" means an order for medication that is dispensed to or for a recipient. The term does not include an order for medication that is dispensed for immediate administration to the recipient. As added by P.L.51-2019, SEC.8.

Sec. 12.5. "Prescription drug monitoring program data", for purposes of section 19 of this chapter, means the following: (1) Information received under section 17 of this chapter, including clinical or required alerts as defined by the board. (2) Any other information determined …

Sec. 13. As used in this chapter, "pseudoephedrine" includes only pseudoephedrine that is dispensed pursuant to a prescription or drug order. As added by P.L.51-2019, SEC.8.

Sec. 14. As used in this chapter, "recipient" means an individual for whom a controlled substance is dispensed. As added by P.L.51-2019, SEC.8.

Sec. 15. As used in this chapter, "recipient representative" means the individual to whom a controlled substance is dispensed if the recipient is either less than eighteen (18) years of age or unavailable to receive the controlled substance. As added by P.L.51-2019, SEC.8.

Sec. 16. As used in this chapter, "state" means any state of the United States or the District of Columbia. As added by P.L.51-2019, SEC.8.

Sec. 17. (a) Except as provided in section 17.5 of this chapter, the board shall provide for an ephedrine, pseudoephedrine, and controlled substance prescription monitoring program that includes the following components: (1) Each time ephedrine, pseudoephedrine, or a controlled s…

Sec. 17.5. A dispenser is not required to transmit information required under section 17 of this chapter to the INSPECT program in the following circumstances: (1) A drug is administered directly to a patient. (2) A drug is dispensed by a veterinary practitioner, if the quantity …

Sec. 18. (a) The INSPECT program must do the following: (1) Create a data base for information required to be transmitted under section 17 of this chapter in the form required under rules adopted by the board, including search capability for the following: (A) An ephedrine, pseud…

Sec. 18.5. Before reporting patient information to the INSPECT program, an opioid treatment program shall comply with 42 CFR 2.36 and 42 CFR 2.31 in obtaining patient consent. As added by P.L.133-2026, SEC.5.

Sec. 19. (a) Information received by the INSPECT program under section 17 of this chapter is confidential. (b) The board shall carry out a program to protect the confidentiality of the information described in subsection (a). The board may disclose the information to another pers…

Sec. 19.5. A practitioner who is a veterinarian and who is treating an animal may obtain information about: (1) the owner of the animal; or (2) the individual to whom an opioid or benzodiazepine will be dispensed for the animal; from the data base before prescribing an opioid or …

Sec. 2. As used in this chapter, "committee" refers to the INSPECT oversight committee established by section 24 of this chapter. As added by P.L.51-2019, SEC.8.

Sec. 2.5. As used in this chapter, "controlled substance" has the meaning set forth in IC 35-48-1.1-7. The term includes gabapentin. As added by P.L.246-2019, SEC.21 and P.L.264-2019, SEC.10. Amended by P.L.186-2025, SEC.142.

Sec. 20. A practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner's professional practice or research in the United States must be ce…

Sec. 21. (a) Each board described in IC 25-0.5-11-1 that regulates a health care provider that prescribes or dispenses prescription drugs may review and act upon the unsolicited dissemination of exception reports under section 19 of this chapter. (b) Upon receipt of an exception …

Sec. 22. (a) The board shall adopt rules under IC 4-22-2 to implement this chapter, including the following: (1) Information collection and retrieval procedures for the INSPECT program, including the controlled substances to be included in the program required under section 17 of…

Sec. 23. (a) The controlled substances data fund is established to fund the administration of the INSPECT program. The fund shall be administered by the Indiana professional licensing agency. (b) Expenses of administering the fund shall be paid from money in the fund. The fund co…

Sec. 24. (a) The INSPECT oversight committee is established. (b) The committee consists of the following members: (1) The president of the board or the president's designee, who shall serve as the chairperson of the committee. (2) The commissioner of the Indiana department of hea…

Sec. 25. A person who knowingly or intentionally releases confidential information in an unauthorized manner violates this chapter and commits a Class A misdemeanor. As added by P.L.51-2019, SEC.8.

Sec. 26. Any administrative rule adopted under IC 35-48-7-12.1 (before its repeal) is hereby considered to be adopted under section 22 of this chapter. As added by P.L.246-2019, SEC.22 and P.L.264-2019, SEC.11.

Sec. 3. As used in this chapter, "dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner and includes the prescribing, administering, packaging, labeling, or compounding necessary to prepare t…

Sec. 4. As used in this chapter, "ephedrine" includes only ephedrine that is dispensed pursuant to a prescription or drug order. As added by P.L.51-2019, SEC.8.