Sec. 29. (a) It is unlawful:

(1) For any person to display or permit to be displayed, a pharmacy permit in any facility or place of business other than that for which it was issued.

(2) For any person to accept a prescription for filling or compounding at any place or facility for which there is not a valid pharmacy permit.

(3) For any person to operate a pharmacy or to take, assume, exhibit, display, or advertise by any medium, the title "drugs", "prescriptions", "medicine", "drug store", "pharmacy", or "apothecary shop", or any combination of such titles or any other title, symbol, term, or description of like import intended to cause the public to believe that it is a pharmacy unless the person holds a valid pharmacy permit.

(4) For any person to engage or offer to engage in the practice of pharmacy or to hold himself or herself out as a pharmacist without a valid pharmacist's license that is classified as active by the board.

(b) A person who violates a provision of subsection (a) commits a Level 6 felony.

(c) Nothing in this chapter shall apply to, nor in any manner interfere with the business of a general merchant in selling and distributing nonnarcotic, nonprescription medicines or drugs which are prepackaged, fully prepared by the manufacturer for use by the consumer, and labeled in accordance with the requirements of the state and federal food and drug acts.

(d) This chapter does not apply to, or in any manner interfere with, the business of a manufacturer in selling and delivering a dialysate drug or a device that is necessary for home peritoneal renal dialysis for a patient who has end stage renal disease if all of the following apply:

(1) The dialysate drug or device is approved by the federal Food and Drug Administration under federal law.

(2) The dialysate drug or device is held by the manufacturer, a third party logistics provider, or a wholesale drug distributor in accordance with the requirements of IC 25-26-14.

(3) The dialysate drug or device is delivered in the manufacturer's original, sealed packaging.

(4) The dialysate drug or device is delivered only upon:

(A) receipt of a physician's prescription by a pharmacy that holds a pharmacy permit under this chapter; and

(B) the transmittal of an order from the pharmacy described in clause (A) to the manufacturer, third party logistics provider, or wholesale drug distributor.

(5) The manufacturer, third party logistics provider, or wholesale drug distributor delivers the dialysate drug or device directly to:

(A) the patient or the patient's designee for self-administration of the dialysis therapy; or

(B) a health care provider for administration of the dialysis therapy to the patient.

As added by Acts 1977, P.L.276, SEC.1. Amended by P.L.158-2013, SEC.285; P.L.209-2018, SEC.10.