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 IC 25-26-13.5 and 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) 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 drugs 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.
As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.3-1990, SEC.90; P.L.27-1998, SEC.1; P.L.187-1999, SEC.4; P.L.251-2003, SEC.2; P.L.1-2009, SEC.142; P.L.159-2012, SEC.5; P.L.58-2014, SEC.10; P.L.5-2015, SEC.58; P.L.202-2017, SEC.5.
Structure Indiana Code
Title 25. Professions and Occupations
Article 26. Pharmacists, Pharmacies, Drug Stores
Chapter 13. Regulation of Pharmacists and Pharmacies ─ Creation of Board
25-26-13-1.5. Continuation of Accrued Rights or Benefits
25-26-13-3. Board of Pharmacy; Creation; Oath; Meetings; Compensation; Majority Approval of Actions
25-26-13-4. Powers and Duties of Board; Prescription Drug Form Program
25-26-13-4.4. Emergency Rules Concerning Compounding
25-26-13-5. Executive Director; Record of Proceedings; Inspector-Investigators
25-26-13-6. Funds From Sources Other Than State
25-26-13-7. Enforcement of Law
25-26-13-9. Pharmacist Intern Programs; Continuing Education
25-26-13-10. Pharmacist Intern Registration; Renewal
25-26-13-10.5. Pharmacist Intern Practice; Supervision
25-26-13-11. Pharmacists; Licenses; Eligibility; Examination
25-26-13-12. Persons Licensed in Another State
25-26-13-13. Active and Inactive Pharmacists
25-26-13-14. Expiration, Renewal, Surrender, and Reinstatement of Pharmacist's License
25-26-13-16.5. Optometrists Who May Have Prescriptions Filled
25-26-13-17. Classes of Pharmacy Permits
25-26-13-18. Eligibility for Pharmacy Permits; Inspections; Value of Drug Inventory
25-26-13-19. Retail Pharmacies; Absence of Pharmacist; Revocation of Privilege
25-26-13-20. Applications for Pharmacy Permits
25-26-13-21. Transfer of Ownership or Location of Pharmacies
25-26-13-22. Expiration and Renewal of Pharmacy Permits
25-26-13-23. Fees; Fines; License Renewal
25-26-13-24.5. Posting of Standing Orders, Prescriptions, and Protocols
25-26-13-24.8. Transfer of Prescription Upon Request; Transfer Electronically or by Facsimile
25-26-13-25.5. Approved Electronic Data Intermediary
25-26-13-27. Closing of Pharmacies
25-26-13-28. Injunction of Violations
25-26-13-29. Unlawful Acts; Violations; Application of Chapter
25-26-13-30. Impaired Pharmacists Account
25-26-13-31. Powers and Duties of Pharmacists
25-26-13-31.2. Administration of Immunizations; Emergency Immunizations; Immunization Data
25-26-13-31.5. Immunizations by Pharmacist Interns and Pharmacist Students; Rules
25-26-13-31.7. Administration of Immunizations by Pharmacy Technician; Rules
25-26-13-32. State of Emergency; Suspension of Statutes
25-26-13-33. Places That Require a Pharmacy Permit; Exceptions