(a) A person desiring to open, establish, operate, or maintain a pharmacy shall apply to the board for a pharmacy permit on a form provided by the board. The applicant shall set forth:

1. (1) the name and occupation of the persons desiring the permit;
2. (2) the location, including street address and city, of the pharmacy;
3. (3) the name of the pharmacist who will qualify the pharmacy by being responsible to the board for the legal operation of the pharmacy under the permit; and
4. (4) such other information as the board may require.

(c) The board shall permit a pharmacist to serve as a qualifying pharmacist for more than one (1) pharmacy holding a Category II pharmacy permit upon the holder of the Category II permit showing circumstances establishing that:

1. (1) the permit holder has made a reasonable effort, without success, to obtain a qualifying pharmacist who is not serving as a qualifying pharmacist at another Category II pharmacy; and

2. (2) the single pharmacist could effectively fulfill all duties and responsibilities of the qualifying pharmacist at both locations.

   However, the board shall hold the permit holder responsible and may not discipline or otherwise hold the qualifying pharmacist responsible for staffing deficiencies of the pharmacy if the qualifying pharmacist does not have authority for staffing determinations of the pharmacy.

(e) The board may not issue a pharmacy permit to a person who desires to operate the pharmacy out of a residence.

As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.169-1985, SEC.91; P.L.270-2001, SEC.3; P.L.98-2006, SEC.10; P.L.152-2012, SEC.12; P.L.207-2021, SEC.33.