HOUSE BILL No. 1363
DIGEST OF INTRODUCED BILL
Citations Affected: IC 25-26-13.
Synopsis: Expired drug return procedures. Requires the board of
pharmacy to establish procedures under which pharmacies may return
expired drugs to drug wholesalers and manufacturers. Prohibits a
pharmacist from dispensing a prescription drug unless the wholesaler
or manufacturer of the drug has a procedure for the return of expired
drugs that complies with procedures established by the board of
Effective: July 1, 2004.
January 20, 2004, read first time and referred to Committee on Public Health.
Second Regular Session 113th General Assembly (2004)
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HOUSE BILL No. 1363
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 25-26-13-4; (04)IN1363.1.1. -->
SECTION 1. IC 25-26-13-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) The board may:
(1) promulgate rules and regulations under IC 4-22-2 for
implementing and enforcing this chapter;
(2) establish requirements and tests to determine the moral,
physical, intellectual, educational, scientific, technical, and
professional qualifications for applicants for pharmacists'
(3) refuse to issue, deny, suspend, or revoke a license or permit or
place on probation or fine any licensee or permittee under this
(4) regulate the sale of drugs and devices in the state of Indiana;
(5) impound, embargo, confiscate, or otherwise prevent from
disposition any drugs, medicines, chemicals, poisons, or devices
which by inspection are deemed unfit for use or would be
dangerous to the health and welfare of the citizens of the state of
Indiana; the board shall follow those embargo procedures found
in IC 16-42-1-18 through IC 16-42-1-31, and persons may not
refuse to permit or otherwise prevent members of the board or
their representatives from entering such places and making such
(6) prescribe minimum standards with respect to physical
characteristics of pharmacies, as may be necessary to the
maintenance of professional surroundings and to the protection of
the safety and welfare of the public;
(7) subject to IC 25-1-7, investigate complaints, subpoena
witnesses, schedule and conduct hearings on behalf of the public
interest on any matter under the jurisdiction of the board;
(8) prescribe the time, place, method, manner, scope, and subjects
of licensing examinations which shall be given at least twice
(9) perform such other duties and functions and exercise such
other powers as may be necessary to implement and enforce this
(b) The board shall adopt rules under IC 4-22-2 for the following:
(1) Establishing standards for the competent practice of
(2) Establishing the standards for a pharmacist to counsel
individuals regarding the proper use of drugs.
(3) Establishing standards and procedures under which
pharmacies may return expired legend and controlled drugs
to the wholesaler or manufacturer of the drug.
(c) The board may grant or deny a temporary variance to a rule it
has adopted if:
(1) the board has adopted rules which set forth the procedures and
standards governing the grant or denial of a temporary variance;
(2) the board sets forth in writing the reasons for a grant or denial
of a temporary variance.
SOURCE: IC 25-26-13-26.2; (04)IN1363.1.2. -->
SECTION 2. IC 25-26-13-26.2 IS ADDED TO THE INDIANA
CODE AS A NEW
SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 26.2. After July 1, 2005, a
pharmacist may not dispense a legend or controlled drug unless the
pharmacist has satisfactory evidence that the wholesaler or
manufacturer of the drug has a procedure for the return of expired
drugs that complies with rules adopted by the board.