IC 35-48-7
Chapter 7. Central Repository for Controlled Substances Data
IC 35-48-7-1
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 35-48-7-2
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-2.9 "Dispense" defined
Sec. 2.9. (a) As used in this chapter, "dispense" has the meaning
set forth in IC 35-48-1-12.
(b) The term does not apply to the following:
(1) A drug administered directly to a patient.
(2) A drug dispensed by a practitioner, if the quantity dispensed
is not more than a seventy-two (72) hour supply of a controlled
substance listed in schedule II, III, IV, or V as set forth in
IC 35-48-3-9. As added by P.L.105-2008, SEC.65.
IC 35-48-7-3
Repealed
(Repealed by P.L.105-2008, SEC.66.)
IC 35-48-7-4 "Exception report" defined
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 advisory committee under this chapter. As added by P.L.163-1994, SEC.5.
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 Version a Controlled substance prescription monitoring program;
information; prescription forms
Note: This version of section amended by P.L.84-2010, SEC.97.
See also following version of this section amended by P.L.94-2010,
SEC.13.
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.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under this
section must be transmitted not more than seven (7) days after
the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under
this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the board.
(4) The board may require that prescriptions for controlled
substances be written on a one (1) part form that cannot be
duplicated. However, the board may not apply such a
requirement to prescriptions filled at a pharmacy with a Type II
permit (as described in IC 25-26-13-17) and operated by a
hospital licensed under IC 16-21, or prescriptions ordered for
and dispensed to bona fide enrolled patients in facilities
licensed under IC 16-28. The board may not require multiple
copy prescription forms for any prescriptions written. The board
may not require different prescription forms for any individual
drug or group of drugs. Prescription forms required under this
subdivision must be approved by the Indiana board of pharmacy
established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to the
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance. As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),
SEC.399; P.L.84-2010, SEC.97.
IC 35-48-7-8.1 Version b Controlled substance prescription monitoring program;
information; prescription forms; identification
Note: This version of section amended by P.L.94-2010, SEC.13.
See also preceding version of this section amended by P.L.84-2010,
SEC.97.
Sec. 8.1. (a) The advisory committee shall provide for a controlled
substance prescription monitoring program that includes the
following components:
(1) Each time a controlled substance designated by the advisory
committee 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.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the advisory committee.
(2) The information required to be transmitted under this
section must be transmitted not more than seven (7) days after
the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under
this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the advisory committee.
(4) The advisory committee may require that prescriptions for
controlled substances be written on a one (1) part form that
cannot be duplicated. However, the advisory committee may not
apply such a requirement to prescriptions filled at a pharmacy
with a Type II permit (as described in IC 25-26-13-17) and
operated by a hospital licensed under IC 16-21, or prescriptions
ordered for and dispensed to bona fide enrolled patients in
facilities licensed under IC 16-28. The committee may not
require multiple copy prescription forms for any prescriptions
written. The advisory committee may not require different
prescription forms for any individual drug or group of drugs.
Prescription forms required under this subdivision must be
jointly approved by the committee and by the Indiana board of
pharmacy established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to the
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance. As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),
SEC.399; P.L.94-2010, SEC.13.
IC 35-48-7-9
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-10
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-10.1 INSPECT program; designation; powers and duties; funding
Sec. 10.1. (a) The INSPECT program must do the following:
(1) Create a data base for information required to be transmitted
under section 8.1 of this chapter in the form required under
rules adopted by the board, including search capability for the
following:
(A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipient
representative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substance
dispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency
registration number.
(I) A prescriber's United States Drug Enforcement Agency
registration number.
(J) Whether a prescription was transmitted to the pharmacist
orally or in writing.
(K) A controlled substance recipient's method of payment
for the controlled substance dispensed.
(2) Provide the board with continuing twenty-four (24) hour a
day online access to the data base.
(3) Secure the information collected and the data base
maintained against access by unauthorized persons.
(b) The board may execute a contract with a vendor designated by
the board to perform any function associated with the administration
of the INSPECT program.
(c) The INSPECT program may gather prescription data from the
Medicaid retrospective drug utilization review (DUR) program
established under IC 12-15-35.
(d) The board may accept and designate grants, public and private
financial assistance, and licensure fees to provide funding for the
INSPECT program. As added by P.L.65-2006, SEC.11. Amended by P.L.84-2010,
SEC.98.
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
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient.
(f) Before the board releases confidential information under
subsection (d), the applicant must be approved by the INSPECT
program in a manner prescribed by the board.
(g) The board may release to:
(1) a member of the board or another governing body that
licenses practitioners;
(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; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the
type of information released; and
(B) approved by the board to receive the type of information
released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(h) The information described in subsection (g) may not be
released until it has been reviewed by:
(1) a member of the board who is licensed in the same
profession as the prescribing or dispensing practitioner
identified by the data; or
(2) the board's designee;
and until that member or the designee has certified that further
investigation is warranted. However, failure to comply with this
subsection does not invalidate the use of any evidence that is
otherwise admissible in a proceeding described in subsection (i).
(i) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (g) may
disclose the information to a law enforcement officer or an attorney
for the office of the attorney general for use as evidence in the
following:
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a
controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that
involves a controlled substance.
(j) The board may compile statistical reports from the information
described in subsection (a). The reports must not include information
that identifies any practitioner, ultimate user, or other person
administering a controlled substance. Statistical reports compiled
under this subsection are public records.
(k) This section may not be construed to require a practitioner to
obtain information about a patient from the data base.
(l) A practitioner is immune from civil liability for an injury,
death, or loss to a person solely due to a practitioner seeking or not
seeking information from the INSPECT program. The civil immunity
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(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.
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 35-48-7-14 Violations of chapter; misdemeanor offense
Sec. 14. A person who knowingly or intentionally violates this
chapter commits a Class A misdemeanor. As added by P.L.163-1994, SEC.5.
IC 35-48-7-15
Repealed
(Repealed by P.L.214-2001, SEC.1.)
IC 35-48-7
Chapter 7. Central Repository for Controlled Substances Data
IC 35-48-7-1
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 35-48-7-2
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-2.9 "Dispense" defined
Sec. 2.9. (a) As used in this chapter, "dispense" has the meaning
set forth in IC 35-48-1-12.
(b) The term does not apply to the following:
(1) A drug administered directly to a patient.
(2) A drug dispensed by a practitioner, if the quantity dispensed
is not more than a seventy-two (72) hour supply of a controlled
substance listed in schedule II, III, IV, or V as set forth in
IC 35-48-3-9. As added by P.L.105-2008, SEC.65.
IC 35-48-7-3
Repealed
(Repealed by P.L.105-2008, SEC.66.)
IC 35-48-7-4 "Exception report" defined
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 advisory committee under this chapter. As added by P.L.163-1994, SEC.5.
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 Version a Controlled substance prescription monitoring program;
information; prescription forms
Note: This version of section amended by P.L.84-2010, SEC.97.
See also following version of this section amended by P.L.94-2010,
SEC.13.
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.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under this
section must be transmitted not more than seven (7) days after
the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under
this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the board.
(4) The board may require that prescriptions for controlled
substances be written on a one (1) part form that cannot be
duplicated. However, the board may not apply such a
requirement to prescriptions filled at a pharmacy with a Type II
permit (as described in IC 25-26-13-17) and operated by a
hospital licensed under IC 16-21, or prescriptions ordered for
and dispensed to bona fide enrolled patients in facilities
licensed under IC 16-28. The board may not require multiple
copy prescription forms for any prescriptions written. The board
may not require different prescription forms for any individual
drug or group of drugs. Prescription forms required under this
subdivision must be approved by the Indiana board of pharmacy
established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to the
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance. As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),
SEC.399; P.L.84-2010, SEC.97.
IC 35-48-7-8.1 Version b Controlled substance prescription monitoring program;
information; prescription forms; identification
Note: This version of section amended by P.L.94-2010, SEC.13.
See also preceding version of this section amended by P.L.84-2010,
SEC.97.
Sec. 8.1. (a) The advisory committee shall provide for a controlled
substance prescription monitoring program that includes the
following components:
(1) Each time a controlled substance designated by the advisory
committee 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.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the advisory committee.
(2) The information required to be transmitted under this
section must be transmitted not more than seven (7) days after
the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under
this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the advisory committee.
(4) The advisory committee may require that prescriptions for
controlled substances be written on a one (1) part form that
cannot be duplicated. However, the advisory committee may not
apply such a requirement to prescriptions filled at a pharmacy
with a Type II permit (as described in IC 25-26-13-17) and
operated by a hospital licensed under IC 16-21, or prescriptions
ordered for and dispensed to bona fide enrolled patients in
facilities licensed under IC 16-28. The committee may not
require multiple copy prescription forms for any prescriptions
written. The advisory committee may not require different
prescription forms for any individual drug or group of drugs.
Prescription forms required under this subdivision must be
jointly approved by the committee and by the Indiana board of
pharmacy established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to the
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance. As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),
SEC.399; P.L.94-2010, SEC.13.
IC 35-48-7-9
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-10
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-10.1 INSPECT program; designation; powers and duties; funding
Sec. 10.1. (a) The INSPECT program must do the following:
(1) Create a data base for information required to be transmitted
under section 8.1 of this chapter in the form required under
rules adopted by the board, including search capability for the
following:
(A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipient
representative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substance
dispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency
registration number.
(I) A prescriber's United States Drug Enforcement Agency
registration number.
(J) Whether a prescription was transmitted to the pharmacist
orally or in writing.
(K) A controlled substance recipient's method of payment
for the controlled substance dispensed.
(2) Provide the board with continuing twenty-four (24) hour a
day online access to the data base.
(3) Secure the information collected and the data base
maintained against access by unauthorized persons.
(b) The board may execute a contract with a vendor designated by
the board to perform any function associated with the administration
of the INSPECT program.
(c) The INSPECT program may gather prescription data from the
Medicaid retrospective drug utilization review (DUR) program
established under IC 12-15-35.
(d) The board may accept and designate grants, public and private
financial assistance, and licensure fees to provide funding for the
INSPECT program. As added by P.L.65-2006, SEC.11. Amended by P.L.84-2010,
SEC.98.
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
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient.
(f) Before the board releases confidential information under
subsection (d), the applicant must be approved by the INSPECT
program in a manner prescribed by the board.
(g) The board may release to:
(1) a member of the board or another governing body that
licenses practitioners;
(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; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the
type of information released; and
(B) approved by the board to receive the type of information
released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(h) The information described in subsection (g) may not be
released until it has been reviewed by:
(1) a member of the board who is licensed in the same
profession as the prescribing or dispensing practitioner
identified by the data; or
(2) the board's designee;
and until that member or the designee has certified that further
investigation is warranted. However, failure to comply with this
subsection does not invalidate the use of any evidence that is
otherwise admissible in a proceeding described in subsection (i).
(i) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (g) may
disclose the information to a law enforcement officer or an attorney
for the office of the attorney general for use as evidence in the
following:
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a
controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that
involves a controlled substance.
(j) The board may compile statistical reports from the information
described in subsection (a). The reports must not include information
that identifies any practitioner, ultimate user, or other person
administering a controlled substance. Statistical reports compiled
under this subsection are public records.
(k) This section may not be construed to require a practitioner to
obtain information about a patient from the data base.
(l) A practitioner is immune from civil liability for an injury,
death, or loss to a person solely due to a practitioner seeking or not
seeking information from the INSPECT program. The civil immunity
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(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.
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 35-48-7-14 Violations of chapter; misdemeanor offense
Sec. 14. A person who knowingly or intentionally violates this
chapter commits a Class A misdemeanor. As added by P.L.163-1994, SEC.5.
IC 35-48-7-15
Repealed
(Repealed by P.L.214-2001, SEC.1.)
IC 35-48-7
Chapter 7. Central Repository for Controlled Substances Data
IC 35-48-7-1
Repealed
(Repealed by P.L.84-2010, SEC.102.)
IC 35-48-7-2
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-2.9 "Dispense" defined
Sec. 2.9. (a) As used in this chapter, "dispense" has the meaning
set forth in IC 35-48-1-12.
(b) The term does not apply to the following:
(1) A drug administered directly to a patient.
(2) A drug dispensed by a practitioner, if the quantity dispensed
is not more than a seventy-two (72) hour supply of a controlled
substance listed in schedule II, III, IV, or V as set forth in
IC 35-48-3-9. As added by P.L.105-2008, SEC.65.
IC 35-48-7-3
Repealed
(Repealed by P.L.105-2008, SEC.66.)
IC 35-48-7-4 "Exception report" defined
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 advisory committee under this chapter. As added by P.L.163-1994, SEC.5.
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 Version a Controlled substance prescription monitoring program;
information; prescription forms
Note: This version of section amended by P.L.84-2010, SEC.97.
See also following version of this section amended by P.L.94-2010,
SEC.13.
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.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the board.
(2) The information required to be transmitted under this
section must be transmitted not more than seven (7) days after
the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under
this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the board.
(4) The board may require that prescriptions for controlled
substances be written on a one (1) part form that cannot be
duplicated. However, the board may not apply such a
requirement to prescriptions filled at a pharmacy with a Type II
permit (as described in IC 25-26-13-17) and operated by a
hospital licensed under IC 16-21, or prescriptions ordered for
and dispensed to bona fide enrolled patients in facilities
licensed under IC 16-28. The board may not require multiple
copy prescription forms for any prescriptions written. The board
may not require different prescription forms for any individual
drug or group of drugs. Prescription forms required under this
subdivision must be approved by the Indiana board of pharmacy
established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to the
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance. As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),
SEC.399; P.L.84-2010, SEC.97.
IC 35-48-7-8.1 Version b Controlled substance prescription monitoring program;
information; prescription forms; identification
Note: This version of section amended by P.L.94-2010, SEC.13.
See also preceding version of this section amended by P.L.84-2010,
SEC.97.
Sec. 8.1. (a) The advisory committee shall provide for a controlled
substance prescription monitoring program that includes the
following components:
(1) Each time a controlled substance designated by the advisory
committee 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.
(G) The number of days of supply dispensed.
(H) The dispenser's United States Drug Enforcement Agency
registration number.
(I) The prescriber's United States Drug Enforcement Agency
registration number.
(J) An indication as to whether the prescription was
transmitted to the pharmacist orally or in writing.
(K) Other data required by the advisory committee.
(2) The information required to be transmitted under this
section must be transmitted not more than seven (7) days after
the date on which a controlled substance is dispensed.
(3) A dispenser shall transmit the information required under
this section by:
(A) uploading to the INSPECT web site;
(B) a computer diskette; or
(C) a CD-ROM disk;
that meets specifications prescribed by the advisory committee.
(4) The advisory committee may require that prescriptions for
controlled substances be written on a one (1) part form that
cannot be duplicated. However, the advisory committee may not
apply such a requirement to prescriptions filled at a pharmacy
with a Type II permit (as described in IC 25-26-13-17) and
operated by a hospital licensed under IC 16-21, or prescriptions
ordered for and dispensed to bona fide enrolled patients in
facilities licensed under IC 16-28. The committee may not
require multiple copy prescription forms for any prescriptions
written. The advisory committee may not require different
prescription forms for any individual drug or group of drugs.
Prescription forms required under this subdivision must be
jointly approved by the committee and by the Indiana board of
pharmacy established by IC 25-26-13-3.
(5) The costs of the program.
(b) This subsection applies only to a retail pharmacy. A
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance may not dispense a
controlled substance to a person who is not personally known to the
pharmacist, pharmacy technician, or person authorized by a
pharmacist to dispense a controlled substance unless the person
taking possession of the controlled substance provides documented
proof of the person's identification to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance. As added by P.L.65-2006, SEC.9. Amended by P.L.182-2009(ss),
SEC.399; P.L.94-2010, SEC.13.
IC 35-48-7-9
Repealed
(Repealed by P.L.65-2006, SEC.18.)
IC 35-48-7-10
Repealed
(Repealed by P.L.3-2008, SEC.269.)
IC 35-48-7-10.1 INSPECT program; designation; powers and duties; funding
Sec. 10.1. (a) The INSPECT program must do the following:
(1) Create a data base for information required to be transmitted
under section 8.1 of this chapter in the form required under
rules adopted by the board, including search capability for the
following:
(A) A controlled substance recipient's name.
(B) A controlled substance recipient's or recipient
representative's identification number.
(C) A controlled substance recipient's date of birth.
(D) The national drug code number of a controlled substance
dispensed.
(E) The dates a controlled substance is dispensed.
(F) The quantities of a controlled substance dispensed.
(G) The number of days of supply dispensed.
(H) A dispenser's United States Drug Enforcement Agency
registration number.
(I) A prescriber's United States Drug Enforcement Agency
registration number.
(J) Whether a prescription was transmitted to the pharmacist
orally or in writing.
(K) A controlled substance recipient's method of payment
for the controlled substance dispensed.
(2) Provide the board with continuing twenty-four (24) hour a
day online access to the data base.
(3) Secure the information collected and the data base
maintained against access by unauthorized persons.
(b) The board may execute a contract with a vendor designated by
the board to perform any function associated with the administration
of the INSPECT program.
(c) The INSPECT program may gather prescription data from the
Medicaid retrospective drug utilization review (DUR) program
established under IC 12-15-35.
(d) The board may accept and designate grants, public and private
financial assistance, and licensure fees to provide funding for the
INSPECT program. As added by P.L.65-2006, SEC.11. Amended by P.L.84-2010,
SEC.98.
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
(B) evaluating the need for providing medical or
pharmaceutical treatment to a patient.
(f) Before the board releases confidential information under
subsection (d), the applicant must be approved by the INSPECT
program in a manner prescribed by the board.
(g) The board may release to:
(1) a member of the board or another governing body that
licenses practitioners;
(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; or
(3) a law enforcement officer who is:
(A) authorized by the state police department to receive the
type of information released; and
(B) approved by the board to receive the type of information
released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
(h) The information described in subsection (g) may not be
released until it has been reviewed by:
(1) a member of the board who is licensed in the same
profession as the prescribing or dispensing practitioner
identified by the data; or
(2) the board's designee;
and until that member or the designee has certified that further
investigation is warranted. However, failure to comply with this
subsection does not invalidate the use of any evidence that is
otherwise admissible in a proceeding described in subsection (i).
(i) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (g) may
disclose the information to a law enforcement officer or an attorney
for the office of the attorney general for use as evidence in the
following:
(1) A proceeding under IC 16-42-20.
(2) A proceeding under any state or federal law that involves a
controlled substance.
(3) A criminal proceeding or a proceeding in juvenile court that
involves a controlled substance.
(j) The board may compile statistical reports from the information
described in subsection (a). The reports must not include information
that identifies any practitioner, ultimate user, or other person
administering a controlled substance. Statistical reports compiled
under this subsection are public records.
(k) This section may not be construed to require a practitioner to
obtain information about a patient from the data base.
(l) A practitioner is immune from civil liability for an injury,
death, or loss to a person solely due to a practitioner seeking or not
seeking information from the INSPECT program. The civil immunity
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(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.
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 35-48-7-14 Violations of chapter; misdemeanor offense
Sec. 14. A person who knowingly or intentionally violates this
chapter commits a Class A misdemeanor. As added by P.L.163-1994, SEC.5.
IC 35-48-7-15
Repealed
(Repealed by P.L.214-2001, SEC.1.)
