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SB 80 - Pseudoephedrine and Meth Labs

The full bill and more information can be found here.

Summary:

Requires the Indiana board of pharmacy 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.  Provides that a pharmacist or pharmacy technician may determine that the purchaser has a relationship on record with the pharmacy, in compliance with rules adopted by the board.  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 and 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. 

Relevance for Pharmacists:

This bill is meant to lower the number of inappropriate sales of pseudoephedrine (PSE) and pseudoephedrine-containing products, thus, reducing the overall number of meth labs and meth use.  PSE and PSE-containing products remain as both prescription and over-the-counter (OTC) products kept behind the counter; the difference is who is purchasing the products without a prescription.  This law distinguishes “patients of record” and “non-patients of record,” as defined by the Indiana Board of Pharmacy (basically whether or not the purchaser is a patient of the pharmacy), and states (1) A patient of record can purchase the NPLEx limit without any added restriction, (2) A non-patient of record may only purchase a 24ct box of 30mg PSE or a combination product with 720mg or less of PSE.  If a non-patient of record wants to purchase larger quantities, the pharmacist must consult with them to confirm the need and authorize the transaction.  The pharmacist is still allowed to refuse dispensing both prescription and OTC PSE per their professional judgment. 

Effective Date: July 1st, 2016