1. (a) As used in this section, "mechanical device" means a machine for storage and dispensing of drugs. The term does not include devices or instruments used by practitioners in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other animals.

2. (b) A person may not maintain, operate, or use any type of mechanical device in which any legend drug or narcotic drug is stored or held for the purpose of dispensing the drug from the mechanical device. However, the mechanical device may be used for the storage and dispensing of legend drugs if:

   1. (1) the mechanical device is used in a:

      1. (A) pharmacy that holds a permit issued by the Indiana board of pharmacy;
      2. (B) remote location under the jurisdiction of the board of pharmacy; or
      3. (C) health care facility that is licensed under IC 16-28 or IC 16-21-2 ; and

   2. (2) the mechanical device is operated under the direct supervision and control of a:

      1. (A) registered pharmacist; or

      2. (B) practitioner;

         who is directly responsible for dispensing the drug from the mechanical device.

3. (c) Inspectors of the Indiana board of pharmacy may inspect the premises of any person suspected of violating this section.

   [Pre-1993 Recodification Citation: 16-6-8-6.]

As added by P.L.2-1993, SEC.25. Amended by P.L.98-2006, SEC.1.