MISCELLANEOUS LAWS
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16-42-19-21. Exceptions.
Sections 11, 13, 19, and 25(b) of this chapter
are not applicable to the following:
(1) The sale of legend drugs to persons
included in any of the classes named in
subdivision (2), or to the agents or employ-
ees of such persons for use in the usual
course of their business or practice or in the
performance of their official duties.
(2) Possession of legend drugs by the fol-
lowing persons or their agents or employ-
ees for such use:
(A) Pharmacists.
(B) Practitioners.
(C) Persons who procure legend drugs
for handling by or under the supervi-
sion of pharmacists or practitioners
employed by them or for the purpose
of lawful research, teaching, or testing
and not for resale.
(D) Hospitals and other institutions
that procure legend drugs for lawful
administration by practitioners.
(E) Manufacturers and wholesalers.
(F) Carriers and warehousemen.
16-42-19-22. Manufactures’ and wholesalers’
records.
(a) Manufacturers and wholesalers shall main-
tain records of the movement in commerce of
legend drugs for two (2) years immediately fol-
lowing the date of the last entry on those records
and shall make those records available, at rea-
sonable times, to law enforcement agencies and
their representatives in the enforcement of this
chapter.
(b) Evidence obtained under this section may
not be used in a criminal prosecution of the per-
son from whom obtained.
16-42-19-23. “Mechanical device” defined;
offense.
(a) As used in this section, “mechanical
device” means a machine for storage and dis-
pensing of drugs. The term does not include
devices or instruments used by practitioners in the
diagnosis, cure, mitigation, treatment, or preven-
tion of disease in human beings or other animals.
(b) A person may not maintain, operate, or
use any type of mechanical device in which any
legend drug or narcotic drug is stored or held for
the purpose of dispensing the drug from the
mechanical device. However, the mechanical
device may be used for the storage and dispens-
ing of legend drugs if:
(1) the mechanical device is used in a:
(A) pharmacy that holds a permit
issued by the Indiana board of phar-
macy;
(B) remote location under the juris-
diction of the board of pharmacy; or
(C) health care facility that is licensed
under IC 16-28 or IC 16-21-2; and
(2) the mechanical device is operated
under the direct supervision and control of
a:
(A) registered pharmacist; or
(B) practitioner;
who is directly responsible for dispensing the
drug from the mechanical device.
(c) Inspectors of the Indiana board of phar-
macy may inspect the premises of any person
suspected of violating this section.
16-42-19-24. Nuisance.
(a) A store, shop, warehouse, dwelling house,
apartment, building, vehicle, boat, aircraft, or any
other place that is used:
(1) By a person for the purpose of unlaw-
fully using a legend drug; or
(2) For the unlawful keeping or selling of
the legend drug;
is a common nuisance.
(b) A person may not:
(1) Keep or maintain a common nuisance;
or
(2) Frequent or visit a place knowing the
place to be used for a purpose;
as described in subsection (a).
16-42-19-25. Anabolic steroids; offenses.
(a) A practitioner may not prescribe, order,
distribute, supply, or sell an anabolic steroid for
any of the following:
(1) Enhancing performance in an exercise,
sport, or game.
(2) Hormonal manipulation intended to
increase muscle mass, strength, or weight
