January 27, 2012



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 Services.
    January 26, 2012, amended, reported favorably _ Do Pass.

January 27, 2012

Second Regular Session 117th General Assembly (2012)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    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 board that:
        (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.
        (4) One (1) pharmacist will have not more than four (4) Certified

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 surroundings;
            (D) be equipped with a sink with hot and cold running water or some means for heating water, a proper sewage outlet, and refrigeration;
            (E) have a prescription filling area of sufficient size to permit the practice of pharmacy as practiced at that particular pharmacy; and
            (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 board;
        (2) is at least eighteen (18) years of age;
        (3) has not been convicted of:
             (A) 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 chapter; and
        (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 subsection (a)(2).