Section 25-26-13-17 - Classes of pharmacy permits(a) The board shall establish classes of pharmacy permits as follows: Category I. A retail permit for a pharmacy that provides pharmaceutical care to the general public by the dispensing of a drug or device.
Category II. An institutional permit for hospitals, clinics, health care facilities, sanitariums, nursing homes, or dispensaries that offer pharmaceutical care by dispensing a drug product to an inpatient under a drug order or to an outpatient of the institution under a prescription.
Category III. A permit for a pharmacy that provides closed door, central fill, mail order, or other processing operations that are not open to the general public but include:
(A) traditional pharmacy functions; or(B) nontraditional pharmacy functions, such as infusion, nuclear pharmacy, or sterile compounding.(b) Except for when registration as a remote dispensing facility (as defined in IC 25-26-13.5-3) is required under IC 25-26-13.5, the board may approve a remote or mobile location for Category I, II, or III permits and any nonresident pharmacy registered with the board. Pharmacy practice in a mobile or remote location may include, but is not limited to, telepharmacy, automated dispensing, or delivery of cognitive services.(c) A hospital or hospital system holding a Category II permit may offer drugs or devices: (1) to:(A) an employee, student, or volunteer of the hospital or hospital system;(B) a retiree who is participating in a retirement, pension, or benefit program administered by the hospital or hospital system;(C) an independent contractor who has an exclusive relationship with the hospital or hospital system;(D) a member of the hospital's or hospital system's governing board; or(E) a member of the hospital's or hospital system's medical staff; and(2) to dependents of the individuals listed in subdivision (1); for their own use.
(d) Hospitals holding a Category II permit may operate remote locations within a reasonable distance of the licensed area, as determined by the board, after:(1) filing an application on a form prepared by the board;(2) having each location inspected by the board; and(3) obtaining approval from the board.(e) Any applicable rule governing the practice of pharmacy in Indiana shall apply to all permits under this section.(f) After June 30, 2012, a person with:(1) a Type I permit shall be treated as holding a Category I permit;(2) a Type II permit shall be treated as holding a Category II permit; and(3) a Type III, IV, V, or VI permit shall be treated as holding a Category III permit. The change in the name of the permit does not change the expiration date of the permit.
(g) After June 30, 2012, a reference in any rule or other document to:(1) a Type I permit shall be treated as a reference to a Category I permit;(2) a Type II permit shall be treated as a reference to a Category II permit; or(3) a Type III, IV, V, or VI permit shall be treated as a reference to a Category III permit.(h) A pharmacy holding a Category I permit may offer drugs or devices to the following: (1) A long term care facility licensed under or subject to IC 16-28-2.(2) A health facility licensed under IC 16-28.(3) A housing with services establishment (as defined in IC 12-10-15-3) registered with the office of the secretary of family and social services.Amended by P.L. 264-2019,SEC. 7, eff. 7/1/2019.Amended by P.L. 246-2019,SEC. 8, eff. 7/1/2019.Amended by P.L. 202-2017,SEC. 4, eff. 7/1/2017.Amended by P.L. 159-2012, SEC. 4, eff. 7/1/2012.Amended by P.L. 152-2012, SEC. 10, eff. 7/1/2012.As added by Acts1977 , P.L. 276, SEC.1. Amended by P.L. 149-1987, SEC.76; P.L. 147-1991, SEC.4; P.L. 98-2006, SEC.9.