Authority: IC 35-48-3-1

Affected: IC 35-48-3-9

Sec. 18. (a) A controlled substance listed in schedule V in the Controlled Substance Act, IC 35-48, that does not require a prescription under federal, state, or local law or a device known as a hypodermic syringe or needle, or both, for human use may be dispensed only by a pharmacist or a pharmacist intern under the direct supervision of a pharmacist without a prescription to a purchaser at retail, provided the following:

1. (1) Not more than:

   1. (A) two hundred forty (240) cubic centimeters (cc) (eight (8) ounces) or forty-eight (48) dosage units of any substance containing opium may be dispensed at retail to the same purchaser in any given forty-eight (48) hour period; or
   2. (B) one hundred twenty (120) cc (four (4) ounces) or twenty-four (24) dosage units of any other substance nor more than forty-eight (48) dosage units may be dispensed at retail to the same purchaser in any given forty-eight (48) hour period.
2. (2) The purchaser is at least eighteen (18) years of age. However, if the item being purchased is a device known as a hypodermic syringe or needle, or both, for human use, the age restriction shall not apply.
3. (3) The pharmacist or pharmacist intern requires every purchaser of a controlled substance or device as described in subsection (a) not known to the pharmacist to furnish suitable identification (including proof of age where appropriate).

4. (4) Separate bound record books for dispensing of:

   1. (A) controlled substances; and
   2. (B) devices under this section;
5. are maintained by the pharmacist. These books shall contain the name and address of the purchaser, the name and quantity of controlled substance or devices purchased, the date of each purchase, and the name or initials of the pharmacist who dispensed the substance or devices to the purchaser and shall be maintained in accordance with the record keeping requirements of 856 IAC 2-4- 1.

(b) Delivery of devices, as described above, to inpatients of institutions is exempt from this section.

(c) The delivery of a device known as a hypodermic syringe-needle other than by a pharmacist or pharmacist intern in a licensed pharmacy or a licensed practitioner in his or her lawful place of practice is prohibited.

(Indiana Board of Pharmacy; Reg 28, Ch VI, Sec 6.32; filed Jul 9, 1974, 9:29 a.m.: Unpublished; filed May 20, 1988, 9:30 a.m.: 11 IR 3565; readopted filed Nov 14, 2001, 2:45 p.m.: 25 IR 1341; readopted filed Oct 4, 2007, 3:33 p.m.: 20071031-IR-856070060RFA; filed Jun 19, 2013, 10:06 a.m.: 20130717-IR- 856120619FRA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-856130308RFA; readopted filed Nov 18, 2019, 11:41 a.m.: 20191218-IR-856190076RFA; readopted filed Feb 15, 2024, 1:16 p.m.: 20240313-IR-856230795RFA)