CHAPTER 20. DRUGS: ENFORCEMENT OF PHARMACY LAWS AND RULES
IC 16-42-20
Chapter 20. Drugs: Enforcement of Pharmacy Laws and Rules
IC 16-42-20-1
Powers of enforcement officers
Sec. 1. (a) Each member of the Indiana board of pharmacy,designated employees of the Indiana board of pharmacy, and all lawenforcement officers of Indiana are primarily responsible for theenforcement of all statutes and rules of Indiana relating to controlledsubstances. However, the Indiana board of pharmacy is primarilyresponsible for making accountability audits of the supply andinventory of controlled substances.
(b) An officer or employee of the Indiana board of pharmacydesignated by the board may do any of the following:
(1) Carry firearms in the performance of the officer's oremployee's official duties.
(2) Execute and serve search warrants, arrest warrants,administrative inspection warrants, subpoenas, and summonsesissued under the authority of this state.
(3) Make arrests without warrant for any offense relating tocontrolled substances committed in the officer's or employee'spresence or if the officer or employee has probable cause tobelieve that the person to be arrested has committed or iscommitting a felony relating to controlled substances.
(4) Make seizures of property under this chapter.
(5) Perform other law enforcement duties that the Indiana boardof pharmacy designates.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-2
"Controlled premises" defined; administrative inspections andwarrants
Sec. 2. (a) As used in this section, "controlled premises" meansthe following:
(1) Places where persons registered or exempted fromregistration requirements under IC 35-48-3 are required to keeprecords.
(2) Places, including factories, warehouses, establishments, andconveyances, in which persons registered or exempted fromregistration requirements under IC 35-48-3 are permitted topossess, manufacture, compound, process, sell, deliver, orotherwise dispose of a controlled substance.
(b) Issuance and execution of administrative inspection warrantsmust be as follows:
(1) A judge of a court of record within the judge's jurisdictionmay, upon proper oath or affirmation showing probable cause,issue warrants for the purpose of conducting administrativeinspections authorized by this chapter and seizures of propertyappropriate to the inspections.
(2) For purposes of the issuance of administrative inspection
warrants, probable cause exists upon showing a valid publicinterest in the effective enforcement of this chapter sufficient tojustify administrative inspection of the area, premises, building,or conveyance in the circumstances specified in the applicationfor the warrant.
(3) A warrant shall be issued only upon an affidavit of adesignated officer or employee having knowledge of the factsalleged, sworn to before the judge, and establishing the groundsfor issuing the warrant. If the judge is satisfied that grounds forthe application exist or that there is probable cause to believethe grounds exist, the judge shall issue a warrant identifying thearea, premises, building, or conveyance to be inspected, thepurpose of the inspection, and, if appropriate, the type ofproperty to be inspected.
(4) The warrant must do the following:
(A) State the grounds for the warrant's issuance and thename of each person whose affidavit has been taken insupport of the warrant.
(B) Be directed to a person authorized by section 1 of thischapter to execute the warrant.
(C) Command the person to whom the warrant is directed toinspect the area, premises, building, or conveyance identifiedfor the purpose specified and, if appropriate, direct theseizure of the property specified.
(D) Identify the item or types of property to be seized, if any.
(E) Direct that the warrant may be served during normalbusiness hours and designate the judge to whom the warrantshall be returned.
(5) A warrant issued under this section must be executed andreturned within ten (10) days of the warrant's date unless, upona showing of a need for additional time, the court ordersotherwise.
(6) If property is seized under a warrant, a copy shall be givento the person from whom or from whose premises the propertyis taken, together with a receipt for the property taken. Thereturn of the warrant shall be made promptly, accompanied bya written inventory of any property taken. The inventory shallbe made in the presence of the person executing the warrant andof the person from whose possession or premises the propertywas taken, if present, or in the presence of at least one (1)credible person other than the person executing the warrant. Acopy of the inventory shall be delivered to the person fromwhom or from whose premises the property was taken and tothe applicant for the warrant.
(7) The judge who issues a warrant shall attach to the warranta copy of the return and all papers returnable in connection withthe issuance of the warrant and file them with the clerk of thecircuit or superior court for the judicial circuit in which theinspection was made.
(c) The Indiana board of pharmacy may make administrative
inspections of controlled premises in accordance with the followingprovisions:
(1) When authorized by an administrative inspection warrantissued under subsection (b), an officer or employee designatedby the Indiana board of pharmacy, upon presenting the warrantand appropriate credentials to the owner, operator, or agent incharge, may enter controlled premises for the purpose ofconducting an administrative inspection.
(2) When authorized by an administrative inspection warrant,an officer or employee designated by the Indiana board ofpharmacy may do the following:
(A) Inspect and copy records required by IC 35-48-3 to bekept.
(B) Inspect, within reasonable limits and in a reasonablemanner, controlled premises and all pertinent equipment,finished and unfinished material, containers, and labelingfound on the premises, and, except as provided insubdivision (4), all other things on the premises, includingrecords, files, papers, processes, controls, and facilitiesbearing on violation of laws relating to controlledsubstances.
(C) Inventory any stock of any controlled substance on thepremises and obtain samples of the controlled substance.
(3) This section does not prevent an inspection without awarrant of books and records under an administrative subpoenaissued in accordance with IC 4-21.5-3 or prevent entries andadministrative inspections, including seizures of property,without a warrant if any of the following conditions exist:
(A) The owner, operator, or agent in charge of the controlledpremises consents.
(B) A situation presents imminent danger to health or safety.
(C) A situation involves the inspection of conveyances ifthere is reasonable cause to believe that the mobility of theconveyance makes it impracticable to obtain a warrant.
(D) An exceptional or emergency circumstance where timeor opportunity to apply for a warrant is lacking.
(E) A situation in which a warrant is not constitutionallyrequired.
(4) An inspection authorized by this section may not extend tofinancial data, sales data (other than shipment data), or pricingdata unless the owner, operator, or agent in charge of thecontrolled premises consents in writing.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-3
Injunctions
Sec. 3. Any court of record has jurisdiction to restrain or enjoinviolations of laws relating to controlled substances.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-4
Cooperative arrangements and confidentiality
Sec. 4. (a) The Indiana board of pharmacy shall cooperate withfederal and other state agencies in discharging the board'sresponsibilities concerning traffic in controlled substances and insuppressing the abuse of controlled substances. To this end, theboard may do the following:
(1) Arrange for the exchange of information amonggovernmental officials concerning the use and abuse ofcontrolled substances.
(2) Coordinate and cooperate in training programs concerningcontrolled substance law enforcement at local, state, and federallevels.
(3) Cooperate with the Drug Enforcement Administration byestablishing a centralized unit to accept, catalog, file, andcollect statistics, including records of drug dependent personsand other controlled substance law offenders within Indiana,and make the information available for federal, state, and locallaw enforcement purposes. The board may not furnish the nameor identity of a patient or research subject whose identity cannotbe obtained under subsection (c).
(4) Conduct programs of eradication aimed at destroying wildor illicit growth of plant species from which controlledsubstances may be extracted.
(b) Results, information, and evidence received from the DrugEnforcement Administration relating to the regulatory functions ofthis chapter, including the results of inspections conducted by theDrug Enforcement Administration, may be relied on and acted uponby the Indiana board of pharmacy in the exercise of the board'sregulatory functions.
(c) A practitioner engaged in medical practice or research is notrequired or compelled to furnish the name or identity of a patient orresearch subject to the Indiana board of pharmacy. A practitionermay not be compelled in any state or local civil, criminal,administrative, legislative, or other proceedings to furnish the nameor identity of an individual that the practitioner is obligated to keepconfidential.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-5
Forfeitures
Sec. 5. (a) The following are subject to forfeiture:
(1) All controlled substances that are or have been unlawfullymanufactured, distributed, dispensed, acquired, or possessed, orwith respect to which there has been an act by a person inviolation of laws relating to controlled substances.
(2) All raw materials, instruments, devices, and other objectsthat are used or intended for use by the person in possession ofthem in unlawfully planting, growing, manufacturing,compounding, processing, delivering, importing, or exporting
a controlled substance.
(3) All property that is used or intended for use by the person inpossession of the property as a container for property describedin subdivision (1) or (2).
(4) All books, records, and research products and materials,including formulas, microfilm, tapes, and data that are used orintended for use by the person in possession in violation of alaw relating to controlled substances.
(b) Property subject to forfeiture under this chapter may be seizedby an enforcement officer upon process issued by any state court ofrecord having jurisdiction over the property. Seizure without processmay be made if any of the following conditions exist:
(1) The seizure is incident to an arrest, a search under a searchwarrant, or an inspection under an administrative inspectionwarrant.
(2) The property subject to seizure has been the subject of aprior judgment in favor of the state in a criminal injunction orforfeiture proceeding.
(3) The Indiana board of pharmacy has probable cause tobelieve that the property is directly or indirectly dangerous tohealth or safety.
(4) The Indiana board of pharmacy has probable cause tobelieve that the property was used by the person in possessionof the property or is intended to be used in violation of a lawrelating to controlled substances.
(c) In a seizure under subsection (b), proceedings undersubsection (d) shall be instituted promptly.
(d) Property taken or detained under this section is not subject toreplevin, but is considered to be in the custody of the Indiana boardof pharmacy subject only to the orders and decrees of the courthaving jurisdiction over the forfeiture proceedings. When propertyis seized under this chapter, the Indiana board of pharmacy may doany of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the board.
(3) Take custody of the property and remove the property to anappropriate location for disposition in accordance with law.
All property seized under this chapter shall be retained by the Indianaboard of pharmacy until all proceedings in which the property maybe involved have concluded.
(e) When property is forfeited under this chapter, the Indianaboard of pharmacy shall do the following:
(1) Sell property that by law is not required to be transferred ordestroyed, that has a monetary value, and that is not harmful tothe public. The proceeds shall be used for payment of all properexpenses of the proceedings for forfeiture and sale, includingexpenses of seizure, maintenance of custody, advertising, andcourt costs. All proceeds in excess of expenses shall be paidinto the common school fund of the state.
(2) Take custody of property that has no monetary value or
cannot lawfully be sold and remove the property for dispositionin accordance with administrative rule or forward the propertyto the Drug Enforcement Administration for disposition.
(f) Controlled substances listed in schedule I that are unlawfullypossessed, transferred, sold, or offered for sale are contraband andshall be seized and summarily forfeited to the state. Controlledsubstances listed in schedule I that are seized or come into thepossession of the state, the owners of which are unknown, arecontraband and shall be summarily forfeited to the state.
(g) Species of plants from which controlled substances inschedules I and II may be derived that:
(1) have been unlawfully planted or cultivated and the ownersor cultivators are unknown; or
(2) are wild growths;
may be seized and summarily forfeited to the state.
(h) The failure, upon demand by the Indiana board of pharmacyor the board's authorized agent, of the person in occupancy or incontrol of land or premises upon which the species of plants aregrowing or being stored to produce an appropriate registration orproof that the person is the holder of the plants constitutes authorityfor the seizure and forfeiture of the plants.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-6
Burden of proof; liabilities
Sec. 6. (a) It is not necessary for the state to negate any exemptionor exception in this chapter or in IC 35-48 in a complaint, aninformation, an indictment, or other pleading or in a trial, hearing, orother proceeding under this chapter or under IC 35-48. The burdenof proof of an exemption or exception is on the person claiming theexemption or exception.
(b) In the absence of proof that a person is the duly authorizedholder of an appropriate registration or order form issued underIC 35-48-3, a person is presumed not to be the holder of theregistration or form.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-7
Judicial review
Sec. 7. All final determinations, findings, and conclusions of theIndiana board of pharmacy under this chapter are conclusivedecisions of the matters involved. A person aggrieved by the decisionmay obtain review of the decision in accordance with IC 4-21.5-5.Findings of fact by the Indiana board of pharmacy, if supported bysubstantial evidence, are conclusive.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-8
Education programs
Sec. 8. The addiction services bureau of the division of mental
health and addiction shall carry out educational programs designedto prevent and deter misuse and abuse of controlled substances. Inconnection with these programs, the bureau may do the following:
(1) Promote better recognition of the problems of misuse andabuse of controlled substances within the regulated industry andamong interested groups and organizations.
(2) Assist the regulated industry and interested groups andorganizations in contributing to the reduction of misuse andabuse of controlled substances.
(3) Consult with interested groups and organizations to aid thegroups and organizations in solving administrative andorganizational problems.
(4) Evaluate procedures, projects, techniques, and controlsconducted or proposed as part of educational programs onmisuse and abuse of controlled substances.
(5) Disseminate the results of research on misuse and abuse ofcontrolled substances to promote a better public understandingof what problems exist and what can be done to combat theproblems.
(6) Assist in the education and training of state and local lawenforcement officials in efforts to control misuse and abuse ofcontrolled substances.
As added by P.L.2-1993, SEC.25. Amended by P.L.215-2001,SEC.86.
IC 16-42-20-9
Research
Sec. 9. The addiction services bureau of the division of mentalhealth and addiction shall encourage research on misuse and abuseof controlled substances. In connection with the research and infurtherance of the enforcement of laws relating to controlledsubstances, the bureau may do the following:
(1) Establish methods to assess accurately the effects ofcontrolled substances and identify and characterize those withpotential for abuse.
(2) Make studies and undertake programs of research to do thefollowing:
(A) Develop new or improved approaches, techniques,systems, equipment, and devices to strengthen theenforcement of laws relating to controlled substances.
(B) Determine patterns of misuse and abuse of controlledsubstances and the social effects of such behavior.
(C) Improve methods for preventing, predicting,understanding, and dealing with the misuse and abuse ofcontrolled substances.
(3) Enter into contracts with public agencies, postsecondaryeducational institutions, and private organizations or individualsfor the purpose of conducting research, demonstrations, orspecial projects that bear directly on misuse and abuse ofcontrolled substances.As added by P.L.2-1993, SEC.25. Amended by P.L.215-2001,SEC.87; P.L.2-2007, SEC.195.
IC 16-42-20-10
Contracts for educational and research activities
Sec. 10. The addiction services bureau of the division of mentalhealth and addiction may enter into contracts for educational andresearch activities without performance bonds.
As added by P.L.2-1993, SEC.25. Amended by P.L.215-2001,SEC.88.
IC 16-42-20-11
Anonymity of research subjects
Sec. 11. The Indiana board of pharmacy may authorize personsengaged in research on the use and effects of controlled substancesto withhold the names and other identifying characteristics ofindividuals who are the subjects of the research. Persons who obtainthis authorization may not be compelled in any civil, criminal,administrative, legislative, or other proceeding to identify theindividuals who are the subjects of research for which theauthorization was obtained.
As added by P.L.2-1993, SEC.25.
IC 16-42-20-12
Possession and distribution of controlled substances for researchpurposes
Sec. 12. The Indiana board of pharmacy may authorize thepossession and distribution of controlled substances by personsengaged in research. Persons who obtain this authorization areexempt from state prosecution for possession and distribution ofcontrolled substances to the extent of the authorization.
As added by P.L.2-1993, SEC.25.