April 15, 2008

Honorable Representative Scott Pelath, Chairperson

Administrative Rules Oversight Committee

Indiana Legislative Services Agency

200 West Washington Street, Suite 301

Indianapolis, IN 46204-2789

Attn: Allen Morford

RE: LSA Document Number 07-541

Dear Representative Pelath:

On behalf of the Indiana State Board of Pharmacy, I am submitting this letter to the Administrative Rules Oversight Committee in compliance with IC 4-22-2-25. In 2007, P.L.94-2007, SECTION 5 provided the Pharmacy Board with the authority to adopt rules concerning the qualifications, protocols, and record keeping requirements for a pharmacist to administer immunizations under IC 25-26-13-31.2. According to the minutes of the Board and after several subcommittee meetings held in 2007 wherein the rule was drafted, the Board moved to publish the immunization rule on January 14, 2008.

P.L. 94-2007, SECTIONS 2 and 5, took effect on July 1, 2007. The Board published its notice of intent to adopt a rule for the above-captioned document on August 29, 2007 (DIN: 20070829-IR-856070541NIA) within the sixty (60) day period required under IC 4-22-2-19. The drafting of the rule took longer than anticipated. This resulted in the possibility that the promulgation process will not be completed within one year after publication of the notice of intent to adopt a rule as required by IC 4-22-2-25.

To date, the proposed rule has not been published and a hearing date has not been set. The Board expects to publish the proposed rule in May 2008 and hold a public hearing in July 2008. In order to provide ample time to review comments received at the public hearing and for the appropriate review times, the Board expects to have the final rule approved by December 31, 2008.

If you need additional information, please feel free to contact me at mallain@pla.in.gov or (317) 234-2020.

Sincerely,

Marty Allain, Director

Indiana Board of Pharmacy

cc: Barbara McNutt, Chief Counsel, Indiana Professional Licensing Agency

Frances Kelly, Director, Indiana Professional Licensing Agency