(a) A pharmacy holding a Category I or Category III permit that is not operating as a remote dispensing facility (as defined in IC 25-26-13.5-3 ) may be open to the general public without a pharmacist on duty if the following conditions are met:

1. (1) Approval is obtained from the board.
2. (2) All legend drugs and other merchandise that can only be dispensed by a pharmacist are securely locked or secured by an alternative system approved by the board when the pharmacist is absent.
3. (3) During the pharmacist's absence, a sign at least twenty (20) inches by thirty (30) inches is prominently displayed in the prescription department stating: "Prescription Department Closed, No Pharmacist on Duty".
4. (4) Only a pharmacist has access to the secured area.

(b) The board may revoke or limit a pharmacy's privilege under this section after a hearing under IC 4-21.5-3 .

As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.7-1987, SEC.125; P.L.147-1991, SEC.5; P.L.288-2001, SEC.3; P.L.152-2012, SEC.11; P.L.202-2017, SEC.7.