SB 262

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    SENATE ENROLLED ACT No. 262
   AN ACT to amend the Indiana Code concerning professions and
occupations.
    Be it enacted by the General Assembly of the State of Indiana:
    SECTION 1. IC 25-26-24-3, AS ADDED BY P.L.51-2019,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 3. (a) As used in this chapter, "dispense" means
to deliver a controlled substance to an ultimate user or research subject
by or pursuant to the lawful order of a practitioner and includes the
prescribing, administering, packaging, labeling, or compounding
necessary to prepare the substance for that delivery.
    (b) The term does not apply to the following:
      (1) A drug administered directly to a patient.
      (2) A drug dispensed by a practitioner, if the quantity dispensed
      is not more than a seventy-two (72) hour supply of a controlled
      substance listed in schedule II, III, IV, or V as set forth in
      IC 35-48-3-9.
    SECTION 2. IC 25-26-24-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 12.5. "Prescription drug
monitoring program data", for purposes of section 19 of this
chapter, means the following:
      (1) Information received under section 17 of this chapter,
      including clinical or required alerts as defined by the board.
      (2) Any other information determined by the board,
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      including:
         (A) a report concerning controlled substance poisonings or
         overdoses; and
         (B) information concerning participation in an opioid
         treatment program (as defined in IC 12-7-2-135.6).
   SECTION 3. IC 25-26-24-17, AS AMENDED BY P.L.17-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 17. (a) Except as provided in section 17.5 of this
chapter, the board shall provide for an ephedrine, pseudoephedrine,
and controlled substance prescription monitoring program that includes
the following components:
      (1) Each time ephedrine, pseudoephedrine, or a controlled
      substance designated by the board under IC 35-48-2-5 through
      IC 35-48-2-10 is dispensed, the dispenser shall transmit to the
      INSPECT program the following information:
         (A) The ephedrine, pseudoephedrine, or controlled substance
         recipient's name.
         (B) The ephedrine, pseudoephedrine, or controlled substance
         recipient's or the recipient representative's identification
         number or the identification number or phrase designated by
         the INSPECT program.
         (C) The ephedrine, pseudoephedrine, or controlled substance
         recipient's date of birth.
         (D) The national drug code number of the ephedrine,
         pseudoephedrine, or controlled substance dispensed.
         (E) The date the ephedrine, pseudoephedrine, or controlled
         substance is dispensed.
         (F) The quantity of the ephedrine, pseudoephedrine, or
         controlled substance dispensed.
         (G) The number of days of supply dispensed.
         (H) The dispenser's United States Drug Enforcement Agency
         registration number.
         (I) The prescriber's United States Drug Enforcement Agency
         registration number.
         (J) An indication as to whether the prescription was
         transmitted to the pharmacist orally or in writing.
         (K) Other data required by the board.
      (2) The information required to be transmitted under this section
      must be transmitted not more than twenty-four (24) hours after the
      date on which ephedrine, pseudoephedrine, or a controlled
      substance is dispensed. However, if the dispenser's pharmacy is
      closed the day following the dispensing, the information must be
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     transmitted by the end of the next business day. A dispenser who
     is also authorized to prescribe is required only to report actual
     dispensations within twenty-four (24) hours of the dispensation.
     (3) A dispenser shall transmit the information required under this
     section by:
         (A) uploading to the INSPECT Internet web site; website; or
         (B) another electronic method that meets specifications
         prescribed by the board.
     (4) The board may require that prescriptions for ephedrine,
     pseudoephedrine, or controlled substances be written on a one (1)
     part form that cannot be duplicated. However, the board may not
     apply such a requirement to prescriptions filled at a pharmacy
     with a Category II permit (as described in IC 25-26-13-17) and
     operated by a hospital licensed under IC 16-21, or prescriptions
     ordered for and dispensed to bona fide enrolled patients in
     facilities licensed under IC 16-28. The board may not require
     multiple copy prescription forms for any prescriptions written.
     The board may not require different prescription forms for any
     individual drug or group of drugs. Prescription forms required
     under this subdivision must be approved by the Indiana board of
     pharmacy created by IC 25-26-13-3.
     (5) The costs of the program.
     (6) As part of the information to be completed in the data base
     and, if available, an entry where a dispenser indicates that a
     patient is participating in a pain management contract with a
     designated practitioner.
   (b) The board shall consider the recommendations of the committee
concerning the INSPECT program.
   (c) This subsection applies only to a retail pharmacy. A pharmacist,
pharmacy technician, or person authorized by a pharmacist to dispense
ephedrine, pseudoephedrine, or a controlled substance may not
dispense ephedrine, pseudoephedrine, or a controlled substance to a
person who is not personally known to the pharmacist, pharmacy
technician, or person authorized by a pharmacist to dispense a
controlled substance unless the person taking possession of the
ephedrine, pseudoephedrine, or controlled substance provides
documented proof of the person's identification to the pharmacist,
pharmacy technician, or person authorized by a pharmacist to dispense
ephedrine, pseudoephedrine, or a controlled substance.
   SECTION 4. IC 25-26-24-17.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 17.5. A dispenser is not required
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to transmit information required under section 17 of this chapter
to the INSPECT program in the following circumstances:
      (1) A drug is administered directly to a patient.
      (2) A drug is dispensed by a veterinary practitioner, if the
      quantity dispensed is not more than a seventy-two (72) hour
      supply of a controlled substance listed in schedule II, III, IV,
      or V as set forth in IC 35-48-3-9.
    SECTION 5. IC 25-26-24-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 18.5. Before reporting patient
information to the INSPECT program, an opioid treatment
program shall comply with 42 CFR 2.36 and 42 CFR 2.31 in
obtaining patient consent.
    SECTION 6. IC 25-26-24-19, AS AMENDED BY P.L.81-2025,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 19. (a) Information received by the INSPECT
program under section 17 of this chapter is confidential.
    (b) The board shall carry out a program to protect the confidentiality
of the information described in subsection (a). The board may disclose
the information to another person only under subsection (c), (d), or (g),
or (s).
    (c) The board may disclose confidential information described in
subsection (a) to any person who is authorized to engage in receiving,
processing, or storing the information.
    (d) Except as provided in subsections (e) and (f), the board may
release confidential information described in subsection (a) to the
following persons:
      (1) A member of the board or another governing body that
      licenses practitioners and is engaged in an investigation, an
      adjudication, or a prosecution of a violation under any state or
      federal law that involves ephedrine, pseudoephedrine, or a
      controlled substance.
      (2) An investigator for the consumer protection division of the
      office of the attorney general, a prosecuting attorney, the attorney
      general, a deputy attorney general, or an investigator from the
      office of the attorney general, who is engaged in:
          (A) an investigation;
          (B) an adjudication; or
          (C) a prosecution;
      of a violation under any state or federal law that involves
      ephedrine, pseudoephedrine, or a controlled substance.
      (3) A law enforcement officer who is an employee of:
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        (A) a local, state, or federal law enforcement agency; or
        (B) an entity that regulates ephedrine, pseudoephedrine, or
        controlled substances or enforces ephedrine, pseudoephedrine,
        or controlled substances rules or laws in another state;
    that is certified to receive ephedrine, pseudoephedrine, or
    controlled substance prescription drug information from the
    INSPECT program.
    (4) A practitioner or practitioner's agent certified to receive
    information from the INSPECT program.
    (5) An ephedrine, pseudoephedrine, or controlled substance
    monitoring program in another state with which Indiana has
    established an interoperability agreement.
    (6) The state toxicologist.
    (7) A certified representative of the Medicaid retrospective and
    prospective drug utilization review program.
    (8) A substance abuse assistance program for a licensed health
    care provider who:
        (A) has prescriptive authority under this title; and
        (B) is participating in the assistance program.
    (9) An individual who holds a valid temporary medical permit
    issued under IC 25-22.5-5-4 or a noneducational commission for
    foreign medical graduates certified graduate permit issued under
    IC 25-22.5-5-4.6.
    (10) A county coroner conducting a medical investigation of the
    cause of death.
    (11) The management performance hub established by
    IC 4-3-26-8.
    (12) The state epidemiologist under the Indiana department of
    health.
    (13) A supervisor of the department of child services who is
    engaged in:
        (A) an investigation; or
        (B) an adjudication;
    of child abuse or neglect.
  (e) Information provided to a person under:
    (1) subsection (d)(3) is limited to information:
        (A) concerning an individual or proceeding involving the
        unlawful diversion or misuse of a schedule II, III, IV, or V
        controlled substance; and
        (B) that will assist in an investigation or proceeding;
    (2) subsection (d)(4) may be released only for the purpose of:
        (A) providing medical or pharmaceutical treatment; or
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          (B) evaluating the need for providing medical or
          pharmaceutical treatment to a patient; and
      (3) subsection (d)(11) must be released to the extent disclosure of
      the information is not prohibited by applicable federal law.
   (f) Before the board releases confidential information under
subsection (d), the applicant must be approved by the INSPECT
program in a manner prescribed by the board.
   (g) The board may release to:
      (1) a member of the board or another governing body that licenses
      practitioners;
      (2) an investigator for the consumer protection division of the
      office of the attorney general, a prosecuting attorney, the attorney
      general, a deputy attorney general, or an investigator from the
      office of the attorney general; or
      (3) a law enforcement officer who is:
          (A) authorized by the state police department to receive
          ephedrine, pseudoephedrine, or controlled substance
          prescription drug information; and
          (B) approved by the board to receive the type of information
          released;
confidential information generated from computer records that
identifies practitioners who are prescribing or dispensing large
quantities of a controlled substance.
   (h) The information described in subsection (g) may not be released
until it has been reviewed by:
      (1) a member of the board who is licensed in the same profession
      as the prescribing or dispensing practitioner identified by the data;
      or
      (2) the board's designee;
and until that member or the designee has certified that further
investigation is warranted. However, failure to comply with this
subsection does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (i).
   (i) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (g) may disclose
the information to a law enforcement officer or an attorney for the
office of the attorney general for use as evidence in the following:
      (1) A proceeding under IC 16-42-20.
      (2) A proceeding under any state or federal law.
      (3) A criminal proceeding or a proceeding in juvenile court.
   (j) The board may compile statistical reports from the information
described in subsection (a). The reports must not include information
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that identifies any practitioner, ultimate user, or other person
administering ephedrine, pseudoephedrine, or a controlled substance.
Statistical reports compiled under this subsection are public records.
   (k) Except as provided in subsections (q) and (r), and in addition to
any requirements provided in IC 25-22.5-13, the following practitioners
shall obtain information about a patient from the data base either
directly or through the patient's integrated health record before
prescribing an opioid or benzodiazepine to the patient:
      (1) A practitioner who has had the information from the data base
      integrated into the patient's electronic health records.
      (2) A practitioner who provides services to the patient in:
         (A) the emergency department of a hospital licensed under
         IC 16-21; or
         (B) a pain management clinic.
      (3) Beginning January 1, 2020, a practitioner who provides
      services to the patient in a hospital licensed under IC 16-21.
      (4) Beginning January 1, 2021, all practitioners.
However, a practitioner is not required to obtain information about a
patient who is subject to a pain management contract from the data
base more than once every ninety (90) days.
   (l) A practitioner who checks the INSPECT program either directly
through the data base or through the patient's integrated health record
for the available data on a patient is immune from civil liability for an
injury, death, or loss to a person solely due to a practitioner:
      (1) seeking information from the INSPECT program; and
      (2) in good faith using the information for the treatment of the
      patient.
The civil immunity described in this subsection does not extend to a
practitioner if the practitioner receives information directly from the
INSPECT program or through the patient's integrated health record and
then negligently misuses this information. This subsection does not
apply to an act or omission that is a result of gross negligence or
intentional misconduct.
   (m) The board may review the records of the INSPECT program. If
the board determines that a violation of the law may have occurred, the
board shall notify the appropriate law enforcement agency or the
relevant government body responsible for the licensure, regulation, or
discipline of practitioners authorized by law to prescribe controlled
substances.
   (n) A practitioner who in good faith discloses information based on
a report from the INSPECT program either directly through the data
base or through the patient's integrated health record to a law
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enforcement agency is immune from criminal or civil liability. A
practitioner that discloses information to a law enforcement agency
under this subsection is presumed to have acted in good faith.
    (o) A practitioner's agent may act as a delegate and check INSPECT
program reports on behalf of the practitioner.
    (p) A patient may access a report from the INSPECT program that
has been included in the patient's medical file by a practitioner.
    (q) A practitioner is not required under subsection (k) to obtain
information about a patient from the data base or through the patient's
integrated health record before prescribing an opioid or benzodiazepine
if any of the following apply:
      (1) The practitioner has obtained a waiver from the board because
      the practitioner does not have access to the Internet at the
      practitioner's place of business.
      (2) The patient is:
         (A) recovering; or
         (B) in the process of completing a prescription that was
         prescribed by another practitioner;
      while still being treated as an inpatient or in observation status.
      (3) The data base described in section 18 of this chapter is
      suspended or is not operational if the practitioner documents in
      writing or electronically the date and time in the patient's medical
      record that the practitioner, dispenser, or delegate attempted to
      use the data base.
    (r) A practitioner is not required under subsection (k) to obtain
information about a patient from the data base or through the patient's
integrated health record before prescribing an opioid or benzodiazepine
if the patient is enrolled in a hospice program (as defined in
IC 16-25-1.1-4).
    (s) The board may disclose prescription drug monitoring
program data to a representative of the Indiana department of
health and the office of the secretary of family and social services
to do the following:
      (1) Aid in an active investigation concerning a controlled
      substance.
      (2) Prevent overdose events.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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