§ 25-26-13-18 — Eligibility for pharmacy permits; inspections; value of drug inventory

(a) To be eligible for issuance of a
pharmacy permit, an applicant must show to the satisfaction of the
board that:
(1) Persons at the location will engage in the bona fide practice of
pharmacy. The application must show the number of hours each
week, if any, that the pharmacy will be open to the general public.
(2) The pharmacy will maintain a sufficient stock of emergency
and frequently prescribed drugs and devices as to adequately
serve and protect the public health.
(3) Except as provided in IC 25-26-13.5 and section 19 of this
chapter, a registered pharmacist will be in personal attendance
and on duty in the licensed premises at all times when the practice
of pharmacy is being conducted and that the pharmacist will be
responsible for the lawful conduct of the pharmacy.
(4) The pharmacy will be located separate and apart from any area
containing merchandise not offered for sale under the pharmacy
permit. The pharmacy will:
(A) be stationary;
(B) be sufficiently secure, either through electronic or physical
means, or a combination of both, to protect the products
contained in the pharmacy and to detect and deter entry during
those times when the pharmacy is closed;
(C) be well lighted and ventilated with clean and sanitary
surroundings;
(D) be equipped with a sink with hot and cold running water or
some means for heating water, a proper sewage outlet, and
refrigeration;
(E) have a prescription filling area of sufficient size to permit
the practice of pharmacy as practiced at that particular
pharmacy; and
(F) have such additional fixtures, facilities, and equipment as
the board requires to enable it to operate properly as a
pharmacy in compliance with federal and state laws and
regulations governing pharmacies.
(b) Prior to opening a pharmacy after receipt of a pharmacy permit,
the permit holder shall submit the premises to a qualifying inspection
by a representative of the board and shall present a physical inventory
of the drugs and all other items in the inventory on the premises.
(c) At all times, the wholesale value of the drug inventory on the
licensed items must be at least ten percent (10%) of the wholesale
value of the items in the licensed area.
As added by Acts 1977, P.L.276, SEC.1. Amended by
P.L.3-1990, SEC.90; P.L.27-1998, SEC.1; P.L.187-1999, SEC.4;
P.L.251-2003, SEC.2; P.L.1-2009, SEC.142; P.L.159-2012, SEC.5;
P.L.58-2014, SEC.10; P.L.5-2015, SEC.58; P.L.202-2017,
SEC.5.