856 IAC 2-6-18 - Dispensing without prescription; delivery of devices
Authority: IC 35-48-3-1
Affected: IC 35-48-3-9
Sec. 18.
(a) A
controlled substance listed in schedule V in the Controlled Substance Act, IC
35-48, that does not require a prescription under federal, state, or local law
or a device known as a hypodermic syringe or needle, or both, for human use may
be dispensed only by a pharmacist or a pharmacist intern under the direct
supervision of a pharmacist without a prescription to a purchaser at retail,
provided the following:
(1) Not more than:
(A) two hundred forty (240) cubic centimeters
(cc) (eight (8) ounces) or forty-eight (48) dosage units of any substance
containing opium may be dispensed at retail to the same purchaser in any given
forty-eight (48) hour period; or
(B) one hundred twenty (120) cc (four (4)
ounces) or twenty-four (24) dosage units of any other substance nor more than
forty-eight (48) dosage units may be dispensed at retail to the same purchaser
in any given forty-eight (48) hour period.
(2) The purchaser is at least eighteen (18)
years of age. However, if the item being purchased is a device known as a
hypodermic syringe or needle, or both, for human use, the age restriction shall
not apply.
(3) The pharmacist or
pharmacist intern requires every purchaser of a controlled substance or device
as described in subsection (a) not known to the pharmacist to furnish suitable
identification (including proof of age where appropriate).
(4) Separate bound record books for
dispensing of:
(A) controlled substances;
and
(B) devices under this section;
are maintained by the pharmacist. These books shall contain the name and
address of the purchaser, the name and quantity of controlled substance or
devices purchased, the date of each purchase, and the name or initials of the
pharmacist who dispensed the substance or devices to the purchaser and shall be
maintained in accordance with the record keeping requirements of
856 IAC 2-4-1.
(b) Delivery of devices, as described above,
to inpatients of institutions is exempt from this section.
(c) The delivery of a device known as a
hypodermic syringe-needle other than by a pharmacist or pharmacist intern in a
licensed pharmacy or a licensed practitioner in his or her lawful place of
practice is prohibited.
Notes
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