Sec. 4. (a) The department shall establish directives governing:

(1) medical care to be provided to committed individuals, including treatment for intellectual disabilities, alcoholism, and drug addiction;

(2) administration of medical facilities and health centers operated by the department;

(3) medical equipment, supplies, and devices to be available for medical care;

(4) provision of special diets to committed individuals;

(5) acquisition, storage, handling, distribution, and dispensing of all medication and drugs;

(6) the return of unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6) to the pharmacy that dispensed the medication;

(7) training programs and first aid emergency care for committed individuals and department personnel;

(8) medical records of committed individuals; and

(9) professional staffing requirements for medical care.

(b) The state department of health shall make an annual inspection of every health facility, health center, or hospital:

(1) operated by the department; and

(2) not accredited by a nationally recognized accrediting organization;

and report to the commissioner whether that facility, center, or hospital meets the requirements established by the state department of health. Any noncompliance with those requirements must be stated in writing to the commissioner, with a copy to the governor.

(c) For purposes of IC 4-22-2, the term "directive" as used in this section relates solely to internal policy and procedure not having the force of law.

(d) For purposes of subsection (a)(6), the department:

(1) shall return medication that belonged to a Medicaid recipient; and

(2) may return other unused medication;

to the pharmacy that dispensed the medication if the unused medication meets the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6).

(e) The department may establish directives concerning the return of unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(l).

(f) A pharmacist or pharmacy that enters into an agreement with the department to accept the return of:

(1) unused medications that meet the requirements of IC 25-26-13-25(k)(1) through IC 25-26-13-25(k)(6); or

(2) unused medical devices or medical supplies that are used for prescription drug therapy and that meet the requirements of IC 25-26-13-25(l);

may negotiate with the department a fee for processing the returns.

As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992, SEC.102; P.L.174-2011, SEC.1; P.L.156-2011, SEC.4; P.L.159-2012, SEC.1; P.L.117-2015, SEC.6.