856 IAC 1-20-1 Prohibitions

Sec. 1. A pharmacist licensed to practice pharmacy under IC 25-26-13-1 through 25-26-13-29, or a pharmacist extern or a pharmacist intern licensed under IC 25-26-13-10, as a part of the responsibility, to not knowingly violate the Indiana board of pharmacy's (board's) standards for the competent practice of pharmacy shall not do the following: (1) Violate the Uniform Indiana Controlled Substances Act found at IC 35-48-1-1 through 35-48-4-14, as amended up to and including January 1, 1983, or any of the rules promulgated by the board under the authority of the Uniform Indiana Controlled Substances Act, which were effective by January 1, 1983, insofar as such violation would pertain to the sale of drugs and devices in Indiana as defined by IC 25-26-13-2. (2) Violate the Indiana Legend Drug Act found at IC 16-6-8-1 through 16-6-8-9 [IC 16-6 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.], as amended up to and including January 1, 1983, insofar as such violation would pertain to the sale of drugs and devices in Indiana as defined by IC 25-26-13-2. (3) Violate IC 16-1-30-1 through IC 16-1-30-19 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.], as amended to and including January 1, 1983, which deal with adulterated and misbranded drugs or devices, or any rules promulgated by the board under the authority of IC 16-1-30-1 through IC 16-1-30-19 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.], which were effective as of January 1, 1983, insofar as such violation would pertain to the sale of drugs and devices in Indiana as defined by IC 25-26-13-2. (4) Violate 21 U.S.C. 801 through 21 U.S.C. 1191, as amended, up to January 1, 1983, which deal with drug abuse and any of the rules and regulations promulgated under the authority of said Title and Sections as of January 1, 1983, insofar as such violations would pertain to the sale of drugs and devices in Indiana as defined by IC 25-26-13-2. (5) Violate the Federal Food, Drug, and Cosmetic Act, which is found at 21 U.S.C. 301 through 21 U.S.C. 392, as amended, up to January 1, 1983, or any rules or regulations promulgated under the authority of the said act as of January 1, 1983, insofar as such violation would pertain to the sale of drugs or devices in Indiana as defined by IC 25-26-13-2. (6) Violate Executive Proclamations of the President of the United States, which were effective by January 1, 1983, which pertain to the sale of drugs or devices in Indiana as defined by IC 25-26-13-2. (7) Sell, as defined in IC 25-26-13-2, controlled substances or legend drugs with or without prescription, where such sale or distribution is not in good faith and enables the person to whom the sale is made to supply or divert the controlled substances or legend drugs in an unlawful manner. The sale or distribution of controlled substances or legend drugs in unusually large amounts and within an unusually short period of time to the same individual is considered to be against the public welfare, health and safety and may be determined to be a sale or distribution not in good faith. (8) Sell, as defined in IC 25-26-13-2, to the public any drugs, biologicals, medicinal substances, or devices when such pharmacist knows such drugs, biologicals, medicinal substances, or devices to be forgeries or a counterfeit product or beyond the manufacturer's expiration date. (9) Aid or abet in the practice of a pharmacy a person not having a license to practice as a pharmacist in Indiana. (10) Practice pharmacy in such a manner as to amount to incompetency or negligence in the sale or dispensation of legend drugs as defined in the Indiana Legend Drug Act under IC 16-6-8-2 [IC 16-6 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] or controlled substance as defined in the Uniform Controlled Substances Act of 1973, under IC 35-48-1-1. (11) Violate the act regulating the practice of pharmacy in Indiana, which is codified at IC 25-26-13-1 through IC 25-26-13-29 as amended up to and including January 1, 1983, or any of the rules promulgated by the board under the authority of the said act, which were effective by January 1, 1983.