Authority: IC 25-26-13-4

Affected: IC 25-26-13-10

Sec. 1.5. (a) The following can satisfy an offer:

1. (1) A pharmacist counseling the patient.

2. (2) A pharmacist intern/extern registered under IC 25-26-13-10 if:

   1. (A) permitted by the pharmacist; and
   2. (B) the counseling by the pharmacist intern/extern is followed by a bona fide offer for the pharmacist to counsel the patient and if the patient or patient's representative desires such counseling.

3. (3) A written notice containing the pharmacy's phone number and a bona fide offer when:

   1. (A) a patient is not present and has not authorized the giving of information to another; or
   2. (B) the drug or device is delivered by the United States Postal Service, parcel delivery, or hand delivery.
4. (4) Any personnel in the prescription department, as defined in 856 IAC 1-13-3(b)(3), making an offer to counsel, as defined in section 1(2) of this rule.

(b) The following cannot satisfy an offer:

1. (1) Making an offer for the patient to ask questions.
2. (2) Any other method that serves to shift the responsibility from the pharmacists to the patient for initiating the counseling or for selecting the informational content of the counseling.
3. (3) Relaying information through an intermediary, unless needed for translations, hearing impaired, or other situation beyond the control of the pharmacist.
4. (4) Using signs or other types of written notices or written information given to the patient with each drug dispensed.

(Indiana Board of Pharmacy; 856 IAC 1-33-1.5; filed Jun 7, 2004, 4:45 p.m.: 27 IR 3073; readopted filed Nov 17, 2010, 9:52 a.m.: 20101215-IR-856100407RFA; readopted filed Nov 22, 2016, 12:27 p.m.: 20161221-IR-856160320RFA; readopted filed Nov 22, 2022, 12:28 p.m.: 20221221-IR-856220258RFA; readopted filed Feb 15, 2024, 1:16 p.m.: 20240313-IR- 856230795RFA)