I find this bill very interesting in the fact that the legislature has to specifically give civil immunity to a Pharmacist for the refusal to sell PSE to someone. Once again, the legal system is forcing Pharmacists to “diagnose” a person’s need for a medication… which Pharmacists are not authorized to do under the Indiana Pharmacy Practice Act. Does this mean, under Indiana law that a Pharmacist can be held civilly liable for refusing to fill any legit/on time/medically necessary Rx ? Do other states have similar laws ?
EPHEDRINE OR PSEUDOEPHEDRINE (SMALTZ B) Requires the Indiana board of pharmacy (board) to adopt
emergency rules that are effective July 1, 2016, concerning: (1) professional determinations made; and (2) a
relationship on record with the pharmacy; concerning the sale of ephedrine or pseudoephedrine. Requires the board
to: (1) review professional determinations made; and (2) discipline a pharmacist who violates a rule concerning a
professional determination made; concerning the sale of ephedrine or pseudoephedrine. Allows the board, in
consultation with the state police, to declare a product to be an extraction resistant or a conversion resistant form of
ephedrine or pseudoephedrine. Specifies that a person who is denied the sale of a nonprescription product containing
pseudoephedrine or ephedrine is not prohibited from obtaining pseudoephedrine or ephedrine pursuant to a
prescription. Allows a pharmacist to deny the sale of ephedrine or pseudoephedrine on the basis of the pharmacist’s
professional judgment, and provides the pharmacist with civil immunity for making such a denial. Provides that a
purchaser who has a relationship on record with the pharmacy may purchase pseudoephedrine or ephedrine. Allows
the pharmacist to provide certain pseudoephedrine or ephedrine products to a purchaser who does not have a
relationship on record with the pharmacy or for whom the pharmacist has made a professional judgment that there is
not a medical or pharmaceutical need. Adds ephedrine or pseudoephedrine to the definition of “controlled substance”
for purposes of the Indiana scheduled prescription electronic collection and tracking (INSPECT) program. Removes an
expired provision. Makes technical changes.
Current Status: 2/8/2016 – Referred to Senate Corrections & Criminal Law
Recent Status: 2/8/2016 – First Reading
2/3/2016 – Referred to Senate
SB80
Filed under: General Problems
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