§ 16-42-20-2 — "Controlled premises" defined; administrative inspections and warrants

Indiana § 16-42-20-2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 20: Drugs: Enforcement of Pharmacy Laws and Rules

Text

(a) As used in this section, "controlled
premises" means the following:
(1) Places where persons registered or exempted from registration
requirements under IC 35-48-3 are required to keep records.
(2) Places, including factories, warehouses, establishments, and
conveyances, in which persons registered or exempted from
registration requirements under IC 35-48-3 are permitted to
possess, manufacture, compound, process, sell, deliver, or
otherwise dispose of a controlled substance.
(b) Issuance and execution of administrative inspection warrants
must be as follows:
(1) A judge of a court of record within the judge's jurisdiction
may, upon proper oath or affirmation showing probable cause,
issue warrants for the purpose of conducting administrative
inspections authorized by this chapter and seizures of property
appropriate to the inspections.
(2) For purposes of the issuance of administrative inspection
warrants, probable cause exists upon showing a valid public
interest in the effective enforcement of this chapter sufficient to
justify administrative inspection of the area, premises, building,
or conveyance in the circumstances specified in the application
for the warrant.
(3) A warrant shall be issued only upon an affidavit of a
designated officer or employee having knowledge of the facts
alleged, sworn to before the judge, and establishing the grounds
for issuing the warrant. If the judge is satisfied that grounds for
the application exist or that there is probable cause to believe the
grounds exist, the judge shall issue a warrant identifying the area,
premises, building, or conveyance to be inspected, the purpose of
the inspection, and, if appropriate, the type of property to be
inspected.
(4) The warrant must do the following:
(A) State the grounds for the warrant's issuance and the name
of each person whose affidavit has been taken in support of the
warrant.
(B) Be directed to a person authorized by section 1 of this
chapter to execute the warrant.
(C) Command the person to whom the warrant is directed to
inspect the area, premises, building, or conveyance identified
for the purpose specified and, if appropriate, direct the seizure
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 normal
business hours and designate the judge to whom the warrant
shall be returned.
(5) A warrant issued under this section must be executed and
returned within ten (10) days of the warrant's date unless, upon a
showing of a need for additional time, the court orders otherwise.
(6) If property is seized under a warrant, a copy shall be given to
the person from whom or from whose premises the property is
taken, together with a receipt for the property taken. The return of
the warrant shall be made promptly, accompanied by a written
inventory of any property taken. The inventory shall be made in
the presence of the person executing the warrant and of the person
from whose possession or premises the property was taken, if
present, or in the presence of at least one (1) credible person other
than the person executing the warrant. A copy of the inventory
shall be delivered to the person from whom or from whose
premises the property was taken and to the applicant for the
warrant.
(7) The judge who issues a warrant shall attach to the warrant a
copy of the return and all papers returnable in connection with the
issuance of the warrant and file them with the clerk of the circuit
or superior court for the judicial circuit in which the inspection
was made.
(c) The Indiana board of pharmacy may make administrative
inspections of controlled premises in accordance with the following
provisions:
(1) When authorized by an administrative inspection warrant
issued under subsection (b), an officer or employee designated by
the Indiana board of pharmacy, upon presenting the warrant and
appropriate credentials to the owner, operator, or agent in charge,
may enter controlled premises for the purpose of conducting an
administrative inspection.
(2) When authorized by an administrative inspection warrant, an
officer or employee designated by the Indiana board of pharmacy
may do the following:
(A) Inspect and copy records required by IC 35-48-3 to be kept.
(B) Inspect, within reasonable limits and in a reasonable
manner, controlled premises and all pertinent equipment,
finished and unfinished material, containers, and labeling found
on the premises, and, except as provided in subdivision (4), all
other things on the premises, including records, files, papers,
processes, controls, and facilities bearing on violation of laws
relating to controlled substances.
(C) Inventory any stock of any controlled substance on the
premises and obtain samples of the controlled substance.
(3) This section does not prevent an inspection without a warrant
of books and records under an administrative subpoena issued in
accordance with IC 4-21.5-3 or prevent entries and administrative
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 controlled
premises consents.
(B) A situation presents imminent danger to health or safety.
(C) A situation involves the inspection of conveyances if there
is reasonable cause to believe that the mobility of the
conveyance makes it impracticable to obtain a warrant.
(D) An exceptional or emergency circumstance where time or
opportunity to apply for a warrant is lacking.
(E) A situation in which a warrant is not constitutionally
required.
(4) An inspection authorized by this section may not extend to
financial data, sales data (other than shipment data), or pricing
data unless the owner, operator, or agent in charge of the
controlled premises consents in writing.
[Pre-1993 Recodification Citation: 16-6-8.5-2.]

Legislative History

As added by P.L.2-1993, SEC.25.