1. (a) Except as provided in subsections (b) and (c), unadulterated drugs that meet the requirements set forth in IC 25-26-13-25 (k) may be donated without a prescription or drug order to the regional drug repository program by the following:

   1. (1) A pharmacist or pharmacy.
   2. (2) A wholesale drug distributor.
   3. (3) A hospital licensed under IC 16-21 .
   4. (4) A health care facility (as defined in IC 16-18-2-161 ).
   5. (5) A hospice.
   6. (6) A practitioner.

2. (b) An unadulterated drug that:

   1. (1) was returned under IC 25-26-13-25 ; and

   2. (2) was prescribed for a Medicaid recipient;

      may not be donated under this section unless the Medicaid program has been credited for the product cost of the drug as provided in policies under the Medicaid program.

3. (c) A controlled drug may not be donated under this section.

As added by P.L.75-2004, SEC.4. Amended by P.L.204-2005, SEC.19; P.L.159-2012, SEC.8.