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IC 35-48-7-3
Repealed
(Repealed by P.L.105-2008, SEC.66.)
IC 35-48-7-4
"Exception report"
Sec. 4. As used in this chapter, "exception report" means a record
of data concerning:
(1) a practitioner practicing a particular specialty or field of
health care;
(2) a dispenser doing business in a particular location; or
(3) a recipient;
that indicates dispensing or receiving of controlled substances
outside norms for dispensing or receiving controlled substances
established by the board under this chapter.
As added by P.L.163-1994, SEC.5. Amended by P.L.42-2011,
SEC.75.
IC 35-48-7-5
"Identification number" defined
Sec. 5. As used in this chapter, "identification number" refers to
the following:
(1) The unique number contained on any of the following:
(A) A valid driver's license of a recipient or a recipient's
representative issued under Indiana law or the law of any
other state.
(B) A recipient's or a recipient representative's valid military
identification card.
(C) A valid identification card of a recipient or a recipient's
representative issued by:
(i) the bureau of motor vehicles as described in
IC 9-24-16-3; or
(ii) any other state and that is similar to the identification
card issued by the bureau of motor vehicles.
(D) If the recipient is an animal:
(i) the valid driver's license issued under Indiana law or
the law of any other state;
(ii) the valid military identification card; or
(iii) the valid identification card issued by the bureau of
motor vehicles and described in IC 9-24-16-3 or a valid
identification card of similar description that is issued by
any other state;
of the animal's owner.
(2) The identification number or phrase designated by the
central repository.
As added by P.L.163-1994, SEC.5. Amended by P.L.204-2005,
SEC.22.
IC 35-48-7-5.2
"INSPECT" defined
Sec. 5.2. As used in this chapter, "INSPECT" means the Indiana
scheduled prescription electronic collection and tracking program
established by IC 25-1-13-4.
As added by P.L.65-2006, SEC.3.
IC 35-48-7-5.4
"Interoperability" defined
Sec. 5.4. As used in this chapter, "interoperability" refers to the
INSPECT program electronically sharing reported information with
another state concerning the dispensing of a controlled substance:
(1) to a recipient who resides in the other state; or
(2) prescribed by a practitioner whose principal place of
business is located in another state.
As added by P.L.65-2006, SEC.4.
IC 35-48-7-5.6
"Patient" defined
Sec. 5.6. As used in this chapter, "patient" means an individual
who has requested or received health care services from a provider
for the examination, treatment, diagnosis, or prevention of a physical
or mental condition.
As added by P.L.65-2006, SEC.5.
IC 35-48-7-5.8
"Practitioner" defined
Sec. 5.8. As used in this chapter, "practitioner" means a physician,
dentist, veterinarian, podiatrist, nurse practitioner, scientific
investigator, pharmacist, hospital, or other institution or individual
licensed, registered, or otherwise permitted to distribute, dispense,
conduct research with respect to, or administer a controlled
substance in the course of professional practice or research in the
United States.
As added by P.L.65-2006, SEC.6.
IC 35-48-7-6
"Recipient" defined
Sec. 6. As used in this chapter, "recipient" means an individual for
whom a controlled substance is dispensed.
As added by P.L.163-1994, SEC.5.
IC 35-48-7-7
"Recipient representative" defined
Sec. 7. As used in this chapter, "recipient representative" means
the individual to whom a controlled substance is dispensed if the
recipient is either less than eighteen (18) years of age or unavailable
to receive the controlled substance.
As added by P.L.163-1994, SEC.5.
IC 35-48-7-7.5
"State" defined
Sec. 7.5. As used in this chapter, "state" means any state of the
United States or the District of Columbia.
As added by P.L.65-2006, SEC.7.
IC 35-48-7-8
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-8.1
Controlled substance prescription monitoring program;
information; prescription forms; identification
Sec. 8.1. (a) The board shall provide for a controlled substance
prescription monitoring program that includes the following
components:
(1) Each time a controlled substance designated by the board
under IC 35-48-2-5 through IC 35-48-2-10 is dispensed, the
dispenser shall transmit to the INSPECT program the following
information:
(A) The controlled substance recipient's name.
(B) The controlled substance recipient's or the recipient
representative's identification number or the identification
number or phrase designated by the INSPECT program.
(C) The controlled substance recipient's date of birth.
(D) The national drug code number of the controlled
substance dispensed.
(E) The date the controlled substance is dispensed.
(F) The quantity of the controlled substance dispensed.
IC 35-48-7-9
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-10
IC 35-48-7-11
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-11.1
Confidentiality
Sec. 11.1. (a) Information received by the INSPECT program
under section 8.1 of this chapter is confidential.
(b) The board shall carry out a program to protect the
confidentiality of the information described in subsection (a). The
board may disclose the information to another person only under
subsection (c), (d), or (g).
(c) The board may disclose confidential information described in
subsection (a) to any person who is authorized to engage in
receiving, processing, or storing the information.
(d) Except as provided in subsections (e) and (f), the board may
release confidential information described in subsection (a) to the
following persons:
(1) A member of the board or another governing body that
licenses practitioners and is engaged in an investigation, an
adjudication, or a prosecution of a violation under any state or
federal law that involves a controlled substance.
(2) An investigator for the consumer protection division of the
office of the attorney general, a prosecuting attorney, the
attorney general, a deputy attorney general, or an investigator
from the office of the attorney general, who is engaged in:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution;
of a violation under any state or federal law that involves a
controlled substance.
(3) A law enforcement officer who is an employee of:
(A) a local, state, or federal law enforcement agency; or
(B) an entity that regulates controlled substances or enforces
controlled substances rules or laws in another state;
that is certified to receive information from the INSPECT
program.
(4) A practitioner or practitioner's agent certified to receive
information from the INSPECT program.
(5) A controlled substance monitoring program in another state
with which Indiana has established an interoperability
agreement.
(6) The state toxicologist.
(7) A certified representative of the Medicaid retrospective and
prospective drug utilization review program.
(8) A substance abuse assistance program for a licensed health
care provider who:
(A) has prescriptive authority under IC 25; and
(B) is participating in the assistance program.
(e) Information provided to an individual under:
(1) subsection (d)(3) is limited to information:
(A) concerning an individual or proceeding involving the
unlawful diversion or misuse of a schedule II, III, IV, or V
controlled substance; and
(B) that will assist in an investigation or proceeding; and
(2) subsection (d)(4) may be released only for the purpose of:
(A) providing medical or pharmaceutical treatment; or
described in this subsection does not extend to a practitioner if the
practitioner receives information directly from the INSPECT
program and then negligently misuses this information. This
subsection does not apply to an act or omission that is a result of
gross negligence or intentional misconduct.
(m) The board may review the records of the INSPECT program.
If the board determines that a violation of the law may have
occurred, the board shall notify the appropriate law enforcement
agency or the relevant government body responsible for the
licensure, regulation, or discipline of practitioners authorized by law
to prescribe controlled substances.
(n) A practitioner who in good faith discloses information based
on a report from the INSPECT program to a law enforcement agency
is immune from criminal or civil liability. A practitioner that
discloses information to a law enforcement agency under this
subsection is presumed to have acted in good faith.
As added by P.L.65-2006, SEC.13. Amended by P.L.84-2010,
SEC.99.
IC 35-48-7-11.5
Dissemination of exception reports
Sec. 11.5. (a) Each board of a health care provider that prescribes
or dispenses prescription drugs shall do the following:
(1) Establish prescribing norms and dispensing guidelines for
the unsolicited dissemination of exception reports under section
11.1(d) of this chapter.
(2) Provide the information determined in subdivision (1) to the
board.
(b) The exception reports that are disseminated based on the
prescribing norms and dispensing guidelines established under
subsection (a) must comply with the following requirements:
(1) A report of prescriptive activity of a practitioner to the
practitioner's professional licensing board designee when the
practitioner deviates from the dispensing guidelines or the
prescribing norms for the prescribing of a controlled substance
within a particular drug class.
(2) A reporting of recipient activity to the practitioners who
prescribed or dispensed the controlled substance when the
recipient deviates from the dispensing guidelines of a controlled
substance within a particular drug class.
(c) The board designee may, at the designee's discretion, forward
the exception report under subsection (b)(2) to only the following for
purposes of an investigation:
(1) A law enforcement agency.
(2) The attorney general.
As added by P.L.84-2010, SEC.100.
IC 35-48-7-12
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-12.1
Rules to implement chapter
Sec. 12.1. (a) The board shall adopt rules under IC 4-22-2 to
implement this chapter, including the following:
(1) Information collection and retrieval procedures for the
INSPECT program, including the controlled substances to be
included in the program required under section 8.1 of this
chapter.
(2) Design for the creation of the data base required under
section 10.1 of this chapter.
(3) Requirements for the development and installation of online
electronic access by the board to information collected by the
INSPECT program.
(4) Identification of emergency situations or other
circumstances in which a practitioner may prescribe, dispense,
and administer a prescription drug specified in section 8.1 of
this chapter without a written prescription or on a form other
than a form specified in section 8.1(a)(4) of this chapter.
(b) The board may:
(1) set standards for education courses for individuals
authorized to use the INSPECT program;
(2) identify treatment programs for individuals addicted to
controlled substances monitored by the INSPECT program; and
(3) work with impaired practitioner associations to provide
intervention and treatment.
As added by P.L.65-2006, SEC.15. Amended by P.L.84-2010,
SEC.101; P.L.42-2011, SEC.77.
IC 35-48-7-13
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-13.1
Controlled substances data fund; establishment
Sec. 13.1. (a) This section applies after June 30, 2007.
(b) The controlled substances data fund is established to fund the
operation of the INSPECT program. The fund shall be administered
by the Indiana professional licensing agency.
(c) Expenses of administering the fund shall be paid from money
in the fund. The fund consists of grants, public and private financial
assistance, and sixteen percent (16%) of the controlled substances
registration fees imposed under rules adopted under IC 35-48-3-1.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
As added by P.L.65-2006, SEC.17.
IC 35-48-7-15
Repealed
(Repealed by P.L.214-2001, SEC.1.)