Ind. Code ch. 25-1-9.3

Ind. Code ch. 25-1-9.3
in effect

Ind. Code § 25-1-9.3-1 Issuance of prescriptions

Sec. 1. A reference to a written or electronically transmitted prescription for a controlled substance in the Indiana Code shall be construed to be issued under this chapter. As added by P.L.28-2019, SEC.9.

Ind. Code § 25-1-9.3-2 "Board"

Sec. 2. As used in this chapter, "board" refers to the Indiana board of pharmacy established by IC 25-26-13-3. As added by P.L.28-2019, SEC.9.

Ind. Code § 25-1-9.3-3 "Controlled substance"

Sec. 3. As used in this chapter, "controlled substance" has the meaning set forth in IC 35-48-1.1-7. As added by P.L.28-2019, SEC.9. Amended by P.L.186-2025, SEC.136.

Ind. Code § 25-1-9.3-4 "Electronically transmitted"

Sec. 4. As used in this chapter, "electronically transmitted" or "electronic transmission" has the meaning set forth in IC 25-26-13-2. As added by P.L.28-2019, SEC.9.

Ind. Code § 25-1-9.3-5 "Prescriber"

Sec. 5. As used in this chapter, "prescriber" means any of the following: (1) A dentist licensed under IC 25-14. (2) A physician licensed under IC 25-22.5. (3) An advanced practice registered nurse licensed and granted the authority to prescribe under IC 25-23. (4) An optometrist licensed under IC 25-24. (5) A physician assistant licensed under IC 25-27.5 and granted the authority to prescribe by the physician assistant's supervisory physician in accordance with IC 25-27.5-5-4. (6) A podiatrist licensed under IC 25-29. As added by P.L.28-2019, SEC.9.

Ind. Code § 25-1-9.3-6 "Prescription"

Sec. 6. As used in this chapter, "prescription" has the meaning set forth in IC 25-26-13-2. As added by P.L.28-2019, SEC.9.

Ind. Code § 25-1-9.3-7 Issuance of a prescription for a controlled substance

Sec. 7. After December 31, 2021, except as provided in section 8 of this chapter, a prescriber shall issue a prescription for a controlled substance: (1) in an electronic format; and (2) by electronic transmission from the prescriber to a pharmacy; in accordance with rules adopted by the board under IC 25-26-13-4(d). As added by P.L.28-2019, SEC.9. Amended by P.L.207-2021, SEC.22.

Ind. Code § 25-1-9.3-8 Prescription for controlled substance in written or faxed format or by oral order

Sec. 8. Beginning January 1, 2022, a prescriber may issue a prescription for a controlled substance in a written format, a faxed format, or an oral order if any of the following apply: (1) The prescriber cannot transmit an electronically transmitted prescription due to: (A) temporary technological or electrical failure; (B) the technological inability to issue a prescription electronically, including but not limited to failure to possess the requisite technology; or (C) the inability of the dispensing pharmacy or provider to receive or process an electronically transmitted prescription. (2) The prescriber issues a prescription to be dispensed by a pharmacy located outside Indiana. (3) The prescriber and the pharmacist are the same entity. (4) The prescriber issues a prescription that meets any of the following: (A) The prescription contains elements that are not supported by the technical standards developed by the National Council for Prescription Drug Programs for electronically transmitted prescriptions (NCPDP SCRIPT). (B) The federal Food and Drug Administration requires the prescription to contain certain elements that cannot be supported in an electronically transmitted prescription. (C) The prescription is a non-patient specific prescription in response to a public health emergency or another instance allowable under state law and that requires a non-patient specific prescription under: (i) a standing order; (ii) approved protocol for drug therapy; (iii) collaborative drug management; or (iv) comprehensive medication management. (D) The prescription is issued under a research protocol. (5) The prescriber has received a waiver or a renewal of a previously received waiver from the board in accordance with rules adopted under section 9 of this chapter. (6) The board, in accordance with rules adopted under section 9 of this chapter, has determined that issuing an electronically transmitted prescription would be impractical and cause delay, adversely impacting the patient's medical condition. (7) The prescriber reasonably determines that it would be impractical for the patient to obtain an electronic prescription in a timely manner and the delay would adversely affect the patient's medical condition. As added by P.L.28-2019, SEC.9. Amended by P.L.114-2020, SEC.8; P.L.207-2021, SEC.23.

Ind. Code § 25-1-9.3-9 Rules; substantial similarity to federal requirements and exceptions

Sec. 9. (a) The board shall, in consultation with the medical licensing board, adopt rules under IC 4-22-2 to implement this chapter, including: (1) a process to grant or deny waivers or renewals of waivers from the requirement to issue electronically transmitted prescriptions for controlled substances due to: (A) economic hardship; (B) technological limitations outside the control of the prescriber that are not otherwise specified in section 8 of this chapter; or (C) other circumstances determined by the board; and (2) a list of circumstances in which issuing an electronically transmitted prescription would be impractical and cause delay that would adversely impact the user's medical condition. (b) Any rules adopted under this chapter must be substantially similar to the requirements and exceptions under: (1) 42 U.S.C. 1395w-104; and (2) any regulations adopted under 42 U.S.C. 1395w-104. (c) A provision described in: (1) section 8(1) through 8(4); (2) section 8(6); and (3) section 8(7); of this chapter does not require a waiver of any rule adopted under this chapter. As added by P.L.28-2019, SEC.9. Amended by P.L.114-2020, SEC.9; P.L.207-2021, SEC.24; P.L.93-2024, SEC.181.

Ind. Code § 25-1-9.3-10 Pharmacists and pharmacies and violations

Sec. 10. The following do not violate this chapter if the pharmacy or pharmacist fills a written, faxed, or oral prescription for a controlled substance and the pharmacy or pharmacist is unaware that the prescription does not fall within an allowable exception under section 8 of this chapter: (1) A pharmacy. (2) A pharmacist. As added by P.L.28-2019, SEC.9.

Ind. Code § 25-1-9.3-11 Violations and disciplinary action by governing board

Sec. 11. A prescriber who violates this chapter is subject to disciplinary action by the prescriber's governing board under IC 25-1-9. As added by P.L.28-2019, SEC.9.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026