(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PHARMACIST. An individual who is licensed as a pharmacist in Indiana under I.C. 25-26.
PHARMACY. Any facility, department, or other place where prescriptions are filled or compounded and are sold, dispensed, offered, or displayed for sale and which has as its principal purpose the dispensing of drug and health supplies intended for the general health, welfare, and safety of the public, without placing any other activity on a more important level than the practice of pharmacy.
(B) Dispensation. Except under a valid prescription, before dispensing a product containing ephedrine or pseudoephedrine, a pharmacist or pharmacy in the city shall make a professional determination as to whether or not there is a legitimate medical and pharmaceutical need for the product containing ephedrine or pseudoephedrine.
(C) Determining factors. The determination made under division (B) may be based on factors, including without limitation:
(1) Prior medication-filling history;
(2) Patient screening; and
(3) Any other tools that provide professional reassurance to the pharmacist that a legitimate medical and pharmaceutical need exists.
(D) Non-prohibiting factors. Division (B) does not prohibit a pharmacist from dispensing a product containing ephedrine or pseudoephedrine to a person solely because the person:
(1) Has not utilized the services of the pharmacist frequently; or
(2) Has not established a pharmacist-patient relationship with the pharmacist before the instance of dispensing.
(E) Exception for products with designated methamphetamine deterrent capabilities. A pharmacist or pharmacy may dispense an ephedrine or pseudoephedrine product with designated methamphetamine deterrent capabilities without complying with the requirements of division (B) and the dispensing of such a product will not constitute a violation of this section.
(F) A pharmacist or pharmacy, or both, found to be in violation of this section may be subject to a fine as permitted by I.C. 36-1-3-8(a)(10) and § 10.99 of this Code of Ordinances.
(Res. 11-2015, passed 8-25-15; Am. Ord. 01-2016, passed 2-1-16)