January 27, 2012
SENATE BILL No. 407
DIGEST OF SB 407
(Updated January 25, 2012 1:12 pm - DI 104)
Citations Affected: IC 25-26.
Synopsis: Pharmacy technicians. Allows a pharmacist to supervise not
more than six licensed pharmacy technicians or pharmacy technicians
in training at any time. (Currently, a pharmacist may supervise not
more than four licensed pharmacy technicians or pharmacy technicians
in training.) Prohibits the Indiana board of pharmacy from issuing a
pharmacy technician certificate to an individual who has been
convicted of a felony involving controlled substances.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Health and Provider
January 26, 2012, amended, reported favorably _ Do Pass.
January 27, 2012
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 407
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 25-26-13-18; (12)SB0407.1.1. -->
SECTION 1. IC 25-26-13-18, AS AMENDED BY P.L.1-2009,
SECTION 142, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 18. (a) To be eligible for issuance
of a pharmacy permit, an applicant must show to the satisfaction of the
(1) Persons at the location will engage in the bona fide practice of
pharmacy. The application must show the number of hours each
week, if any, that the pharmacy will be open to the general public.
(2) The pharmacy will maintain a sufficient stock of emergency
and frequently prescribed drugs and devices as to adequately
serve and protect the public health.
(3) Except as provided in section 19 of this chapter, a registered
pharmacist will be in personal attendance and on duty in the
licensed premises at all times when the practice of pharmacy is
being conducted and that the pharmacist will be responsible for
the lawful conduct of the pharmacy.
One (1) pharmacist will have not more than four (4)
pharmacy technicians or pharmacy technicians in training
certified under IC 25-26-19 must practice under
the a licensed
pharmacist's immediate and personal supervision at any time. all
times. A pharmacist may not supervise more than six (6)
pharmacy technicians or pharmacy technicians in training at
any time. As used in this clause, subdivision, "immediate and
personal supervision" means within reasonable visual and vocal
distance of the pharmacist.
(5) The pharmacy will be located separate and apart from any area
containing merchandise not offered for sale under the pharmacy
permit. The pharmacy will:
(A) be stationary;
(B) be sufficiently secure, either through electronic or physical
means, or a combination of both, to protect the products
contained in the pharmacy and to detect and deter entry during
those times when the pharmacy is closed;
(C) be well lighted and ventilated with clean and sanitary
(D) be equipped with a sink with hot and cold running water
or some means for heating water, a proper sewage outlet, and
(E) have a prescription filling area of sufficient size to permit
the practice of pharmacy as practiced at that particular
(F) have such additional fixtures, facilities, and equipment as
the board requires to enable it to operate properly as a
pharmacy in compliance with federal and state laws and
regulations governing pharmacies.
(b) Prior to opening a pharmacy after receipt of a pharmacy permit,
the permit holder shall submit the premises to a qualifying inspection
by a representative of the board and shall present a physical inventory
of the drug and all other items in the inventory on the premises.
(c) At all times, the wholesale value of the drug inventory on the
licensed items must be at least ten percent (10%) of the wholesale
value of the items in the licensed area.
SOURCE: IC 25-26-19-5; (12)SB0407.1.2. -->
SECTION 2. IC 25-26-19-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 5. (a) The board shall
issue a pharmacy technician certificate to an individual who:
(1) applies to the board in the form and manner prescribed by the
(2) is at least eighteen (18) years of age;
(3) has not been convicted of:
a crime that has a direct bearing upon the individual's
ability to practice competently; or
(B) a felony involving controlled substances;
(4) is not in violation of this chapter or rules adopted by the board
under section 4 of this chapter;
(5) has paid the fee set by the board under section 4 of this
(6) has completed a program of education and training approved
by the board or has passed a certification examination offered by
a nationally recognized certification body approved by the board.
(b) For good cause, the board may waive the age requirement under