IC 25-26-20
Chapter 20. Regional Drug Repository Program
IC 25-26-20-1 Definitions
Sec. 1. The definitions in IC 25-26-13-2 apply throughout this
chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20-2 "Nonprofit health clinic"
Sec. 2. As used in this chapter, "nonprofit health clinic" means
any of the following:
(1) A federally qualified health center (as defined in 42 U.S.C.
1396d(l)(2)(B)).
(2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(3) A nonprofit health clinic that provides medical care to
patients who are indigent, uninsured, or underinsured. As added by P.L.75-2004, SEC.4.
IC 25-26-20-3 Voluntary regional drug repository program to collect and
redistribute drugs to nonprofit health clinics
Sec. 3. (a) The board may organize a voluntary regional drug
repository program to collect and redistribute drugs to nonprofit
health clinics.
(b) The board may enter into a voluntary agreement with any of
the following to serve as a regional drug repository:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A nonprofit health clinic.
(c) A regional drug repository may not receive compensation for
participation in the program. As added by P.L.75-2004, SEC.4.
IC 25-26-20-4 Donations of unadulterated drugs; exceptions
Sec. 4. (a) Except as provided in subsections (b) and (c),
unadulterated drugs that meet the requirements set forth in
IC 25-26-13-25(j) may be donated without a prescription or drug
order to the regional drug repository program by the following:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A hospice.
(6) A practitioner.
(b) An unadulterated drug that:
(1) was returned under IC 25-26-13-25; and
(2) was prescribed for a Medicaid recipient;
may not be donated under this section unless the Medicaid program
has been credited for the product cost of the drug as provided in
policies under the Medicaid program.
(c) A controlled drug may not be donated under this section. As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005,
SEC.19.
IC 25-26-20-5 Sale of donated drug prohibited; Medicaid recipients and
participants in state funded prescription drug plan ineligible
Sec. 5. (a) A drug that is given by a regional drug repository to a
nonprofit health clinic may not be:
(1) sold; or
(2) given to a patient, except upon a practitioner's prescription
or drug order.
(b) An individual who is eligible to participate in:
(1) the state Medicaid program under IC 12-15; or
(2) a program that:
(A) provides a prescription drug benefit; and
(B) is funded in whole or in part by state funds;
is not eligible to receive a drug donated under the voluntary regional
drug repository program organized under section 3 of this chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20-6 Immunity
Sec. 6. (a) The following are not subject to liability under
IC 34-20-2-1:
(1) A person or entity who donates a drug to a regional drug
repository program under this chapter in accordance with rules
adopted by the board under section 7 of this chapter.
(2) A non-profit health clinic or practitioner who accepts or
dispenses a drug under the regional drug repository program in
accordance with rules adopted by the board under section 7 of
this chapter.
(3) A regional drug repository that distributes a drug under the
program in accordance with rules adopted by the board under
section 7 of this chapter.
(b) Except in cases of negligence or willful misconduct by the
manufacturer, a drug manufacturer is not subject to liability under
IC 34-20-2-1 for a claim arising from a drug that is donated,
accepted, or dispensed under this chapter to the user or the consumer. As added by P.L.75-2004, SEC.4.
IC 25-26-20-7 Adoption of rules
Sec. 7. The board may adopt rules under IC 4-22-2 to:
(1) establish standards and procedures for accepting, storing,
and dispensing drugs donated under this chapter;
(2) establish the types of drugs that may be donated; and
(3) administer this chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20
Chapter 20. Regional Drug Repository Program
IC 25-26-20-1 Definitions
Sec. 1. The definitions in IC 25-26-13-2 apply throughout this
chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20-2 "Nonprofit health clinic"
Sec. 2. As used in this chapter, "nonprofit health clinic" means
any of the following:
(1) A federally qualified health center (as defined in 42 U.S.C.
1396d(l)(2)(B)).
(2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(3) A nonprofit health clinic that provides medical care to
patients who are indigent, uninsured, or underinsured. As added by P.L.75-2004, SEC.4.
IC 25-26-20-3 Voluntary regional drug repository program to collect and
redistribute drugs to nonprofit health clinics
Sec. 3. (a) The board may organize a voluntary regional drug
repository program to collect and redistribute drugs to nonprofit
health clinics.
(b) The board may enter into a voluntary agreement with any of
the following to serve as a regional drug repository:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A nonprofit health clinic.
(c) A regional drug repository may not receive compensation for
participation in the program. As added by P.L.75-2004, SEC.4.
IC 25-26-20-4 Donations of unadulterated drugs; exceptions
Sec. 4. (a) Except as provided in subsections (b) and (c),
unadulterated drugs that meet the requirements set forth in
IC 25-26-13-25(j) may be donated without a prescription or drug
order to the regional drug repository program by the following:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A hospice.
(6) A practitioner.
(b) An unadulterated drug that:
(1) was returned under IC 25-26-13-25; and
(2) was prescribed for a Medicaid recipient;
may not be donated under this section unless the Medicaid program
has been credited for the product cost of the drug as provided in
policies under the Medicaid program.
(c) A controlled drug may not be donated under this section. As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005,
SEC.19.
IC 25-26-20-5 Sale of donated drug prohibited; Medicaid recipients and
participants in state funded prescription drug plan ineligible
Sec. 5. (a) A drug that is given by a regional drug repository to a
nonprofit health clinic may not be:
(1) sold; or
(2) given to a patient, except upon a practitioner's prescription
or drug order.
(b) An individual who is eligible to participate in:
(1) the state Medicaid program under IC 12-15; or
(2) a program that:
(A) provides a prescription drug benefit; and
(B) is funded in whole or in part by state funds;
is not eligible to receive a drug donated under the voluntary regional
drug repository program organized under section 3 of this chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20-6 Immunity
Sec. 6. (a) The following are not subject to liability under
IC 34-20-2-1:
(1) A person or entity who donates a drug to a regional drug
repository program under this chapter in accordance with rules
adopted by the board under section 7 of this chapter.
(2) A non-profit health clinic or practitioner who accepts or
dispenses a drug under the regional drug repository program in
accordance with rules adopted by the board under section 7 of
this chapter.
(3) A regional drug repository that distributes a drug under the
program in accordance with rules adopted by the board under
section 7 of this chapter.
(b) Except in cases of negligence or willful misconduct by the
manufacturer, a drug manufacturer is not subject to liability under
IC 34-20-2-1 for a claim arising from a drug that is donated,
accepted, or dispensed under this chapter to the user or the consumer. As added by P.L.75-2004, SEC.4.
IC 25-26-20-7 Adoption of rules
Sec. 7. The board may adopt rules under IC 4-22-2 to:
(1) establish standards and procedures for accepting, storing,
and dispensing drugs donated under this chapter;
(2) establish the types of drugs that may be donated; and
(3) administer this chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20
Chapter 20. Regional Drug Repository Program
IC 25-26-20-1 Definitions
Sec. 1. The definitions in IC 25-26-13-2 apply throughout this
chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20-2 "Nonprofit health clinic"
Sec. 2. As used in this chapter, "nonprofit health clinic" means
any of the following:
(1) A federally qualified health center (as defined in 42 U.S.C.
1396d(l)(2)(B)).
(2) A rural health clinic (as defined in 42 U.S.C. 1396d(l)(1)).
(3) A nonprofit health clinic that provides medical care to
patients who are indigent, uninsured, or underinsured. As added by P.L.75-2004, SEC.4.
IC 25-26-20-3 Voluntary regional drug repository program to collect and
redistribute drugs to nonprofit health clinics
Sec. 3. (a) The board may organize a voluntary regional drug
repository program to collect and redistribute drugs to nonprofit
health clinics.
(b) The board may enter into a voluntary agreement with any of
the following to serve as a regional drug repository:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A nonprofit health clinic.
(c) A regional drug repository may not receive compensation for
participation in the program. As added by P.L.75-2004, SEC.4.
IC 25-26-20-4 Donations of unadulterated drugs; exceptions
Sec. 4. (a) Except as provided in subsections (b) and (c),
unadulterated drugs that meet the requirements set forth in
IC 25-26-13-25(j) may be donated without a prescription or drug
order to the regional drug repository program by the following:
(1) A pharmacist or pharmacy.
(2) A wholesale drug distributor.
(3) A hospital licensed under IC 16-21.
(4) A health care facility (as defined in IC 16-18-2-161).
(5) A hospice.
(6) A practitioner.
(b) An unadulterated drug that:
(1) was returned under IC 25-26-13-25; and
(2) was prescribed for a Medicaid recipient;
may not be donated under this section unless the Medicaid program
has been credited for the product cost of the drug as provided in
policies under the Medicaid program.
(c) A controlled drug may not be donated under this section. As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005,
SEC.19.
IC 25-26-20-5 Sale of donated drug prohibited; Medicaid recipients and
participants in state funded prescription drug plan ineligible
Sec. 5. (a) A drug that is given by a regional drug repository to a
nonprofit health clinic may not be:
(1) sold; or
(2) given to a patient, except upon a practitioner's prescription
or drug order.
(b) An individual who is eligible to participate in:
(1) the state Medicaid program under IC 12-15; or
(2) a program that:
(A) provides a prescription drug benefit; and
(B) is funded in whole or in part by state funds;
is not eligible to receive a drug donated under the voluntary regional
drug repository program organized under section 3 of this chapter. As added by P.L.75-2004, SEC.4.
IC 25-26-20-6 Immunity
Sec. 6. (a) The following are not subject to liability under
IC 34-20-2-1:
(1) A person or entity who donates a drug to a regional drug
repository program under this chapter in accordance with rules
adopted by the board under section 7 of this chapter.
(2) A non-profit health clinic or practitioner who accepts or
dispenses a drug under the regional drug repository program in
accordance with rules adopted by the board under section 7 of
this chapter.
(3) A regional drug repository that distributes a drug under the
program in accordance with rules adopted by the board under
section 7 of this chapter.
(b) Except in cases of negligence or willful misconduct by the
manufacturer, a drug manufacturer is not subject to liability under
IC 34-20-2-1 for a claim arising from a drug that is donated,
accepted, or dispensed under this chapter to the user or the consumer. As added by P.L.75-2004, SEC.4.
IC 25-26-20-7 Adoption of rules
Sec. 7. The board may adopt rules under IC 4-22-2 to:
(1) establish standards and procedures for accepting, storing,
and dispensing drugs donated under this chapter;
(2) establish the types of drugs that may be donated; and
(3) administer this chapter. As added by P.L.75-2004, SEC.4.
