HB 1399

                                                               Introduced Version
            HOUSE BILL No. 1399
                  _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-11-13.2; IC 25-26-13-4; IC 33-23-1-9.7;
IC 33-24-6-3; IC 34-30-2.1; IC 35-31.5-2; IC 35-48-4-14.7.
Synopsis: Ephedrine and pseudoephedrine products. Requires the
state police department (department) to oversee an electronic logging
system (system) to: (1) record and monitor real time purchases of
products containing ephedrine and pseudoephedrine; (2) monitor
ephedrine and pseudoephedrine purchases to prevent or investigate the
illegal purchase of ephedrine or pseudoephedrine; and (3) block illegal
purchases of ephedrine and pseduoephedrine. Requires the department
to contract with a third party vendor to operate the system. Requires
each manufacturer of products that contain ephedrine and
pseudoephedrine to demonstrate to the department that they have a
valid contract with the vendor to provide electronic tracking of
purchases in Indiana. Replaces "NPLEx system" references with
"electronic logging system". Removes current restrictions on the sale
of ephedrine and pseudoephedrine products to individuals who do not
have a relationship on record with a pharmacy or have not completed
a consultation with a pharmacy to determine if there is a legitimate
medical or pharmaceutical need for the products.
Effective: July 1, 2026.
             Isa, Miller D, Miller K
January 8, 2026, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2026  IN 1399—LS 7065/DI 107
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
   Additions: Whenever a new statutory provision is being enacted (or a new constitutional
 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1399
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 10-11-13.2 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]:
4    Chapter 13.2. Electronic Logging System
5    Sec. 1. (a) The department shall oversee an electronic logging
6 system to:
7      (1) record and monitor real time purchases of products
8      containing ephedrine or pseudoephedrine;
9      (2) monitor the purchases described in subdivision (1) in
10      order to prevent or investigate the illegal purchase of
11      ephedrine or pseudoephedrine; and
12      (3) block illegal purchases of ephedrine and pseudoephedrine.
13    (b) The department shall contract with a third party vendor to
14 operate the electronic logging system.
15    (c) By September 1 of each year, each manufacturer of products
16 that contain ephedrine and pseudoephedrine must demonstrate to
17 the department that they have a valid contract with the vendor
 2026  IN 1399—LS 7065/DI 107
                                    2
1 described in subsection (b) to provide electronic tracking of
2 purchases in Indiana.
3    (d) The department may adopt rules under IC 4-22-2 to
4 administer this chapter.
5    SECTION 2. IC 25-26-13-4, AS AMENDED BY P.L.93-2024,
6 SECTION 186, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) The board may:
8      (1) adopt rules under IC 4-22-2 for implementing and enforcing
9      this chapter;
10      (2) establish requirements and tests to determine the moral,
11      physical, intellectual, educational, scientific, technical, and
12      professional qualifications for applicants for pharmacists'
13      licenses;
14      (3) refuse to issue, deny, suspend, or revoke a license or permit or
15      place on probation or fine any licensee or permittee under this
16      chapter;
17      (4) regulate the sale of drugs and devices in the state of Indiana;
18      (5) impound, embargo, confiscate, or otherwise prevent from
19      disposition any drugs, medicines, chemicals, poisons, or devices
20      which by inspection are deemed unfit for use or would be
21      dangerous to the health and welfare of the citizens of the state of
22      Indiana; the board shall follow those embargo procedures found
23      in IC 16-42-1-18 through IC 16-42-1-31, and persons may not
24      refuse to permit or otherwise prevent members of the board or
25      their representatives from entering such places and making such
26      inspections;
27      (6) prescribe minimum standards with respect to physical
28      characteristics of pharmacies, as may be necessary to the
29      maintenance of professional surroundings and to the protection of
30      the safety and welfare of the public;
31      (7) subject to IC 25-1-7, investigate complaints, subpoena
32      witnesses, schedule and conduct hearings on behalf of the public
33      interest on any matter under the jurisdiction of the board;
34      (8) prescribe the time, place, method, manner, scope, and subjects
35      of licensing examinations which shall be given at least twice
36      annually; and
37      (9) perform such other duties and functions and exercise such
38      other powers as may be necessary to implement and enforce this
39      chapter.
40    (b) The board shall adopt rules under IC 4-22-2 for the following:
41      (1) Establishing standards for the competent practice of
42      pharmacy.
 2026  IN 1399—LS 7065/DI 107
                                     3
1(2) Establishing the standards for a pharmacist to counsel
2individuals regarding the proper use of drugs.
3(3) Establishing standards and procedures before January 1, 2006,
4to ensure that a pharmacist:
5(A) has entered into a contract that accepts the return of
6expired drugs with; or
7(B) is subject to a policy that accepts the return of expired
8drugs of;
9a wholesaler, manufacturer, or agent of a wholesaler or
10manufacturer concerning the return by the pharmacist to the
11wholesaler, the manufacturer, or the agent of expired legend drugs
12or controlled drugs. In determining the standards and procedures,
13the board may not interfere with negotiated terms related to cost,
14expenses, or reimbursement charges contained in contracts
15between parties, but may consider what is a reasonable quantity
16of a drug to be purchased by a pharmacy. The standards and
17procedures do not apply to vaccines that prevent influenza,
18medicine used for the treatment of malignant hyperthermia, and
19other drugs determined by the board to not be subject to a return
20policy. An agent of a wholesaler or manufacturer must be
21appointed in writing and have policies, personnel, and facilities
22to handle properly returns of expired legend drugs and controlled
23substances.
24     (c) The board may grant or deny a temporary variance to a rule it
25 has adopted if:
26(1) the board has adopted rules which set forth the procedures and
27standards governing the grant or denial of a temporary variance;
28and
29(2) the board sets forth in writing the reasons for a grant or denial
30of a temporary variance.
31     (d) The board shall adopt rules and procedures, in consultation with
32 the medical licensing board, concerning the electronic transmission of
33 prescriptions. The rules adopted under this subsection must address the
34 following:
35(1) Privacy protection for the practitioner and the practitioner's
36patient.
37(2) Security of the electronic transmission.
38(3) A process for approving electronic data intermediaries for the
39electronic transmission of prescriptions.
40(4) Use of a practitioner's United States Drug Enforcement
41Agency registration number.
42(5) Protection of the practitioner from identity theft or fraudulent
 2026  IN 1399—LS 7065/DI 107
                                     4
1use of the practitioner's prescribing authority.
2    (e) The governor may direct the board to develop:
3(1) a prescription drug program that includes the establishment of
4criteria to eliminate or significantly reduce prescription fraud; and
5(2) a standard format for an official tamper resistant prescription
6drug form for prescriptions (as defined in IC 16-42-19-7(1)).
7 The board may adopt rules under IC 4-22-2 necessary to implement
8 this subsection.
9    (f) The standard format for a prescription drug form described in
10 subsection (e)(2) must include the following:
11(1) A counterfeit protection bar code with human readable
12representation of the data in the bar code.
13(2) A thermochromic mark on the front and the back of the
14prescription that:
15(A) is at least one-fourth (1/4) of one (1) inch in height and
16width; and
17(B) changes from blue to clear when exposed to heat.
18    (g) The board may contract with a supplier to implement and
19 manage the prescription drug program described in subsection (e). The
20 supplier must:
21(1) have been audited by a third party auditor using the SAS 70
22audit or an equivalent audit for at least the three (3) previous
23years; and
24(2) be audited by a third party auditor using the SAS 70 audit or
25an equivalent audit throughout the duration of the contract;
26 in order to be considered to implement and manage the program.
27    (h) The board shall adopt rules under IC 4-22-2 concerning:
28(1) professional determinations made under IC 35-48-4-14.7(d);
29and
30(2) the determination of a relationship on record with the
31pharmacy under IC 35-48-4-14.7.
32    (i) The board may:
33(1) review professional determinations made by a pharmacist; and
34(2) take appropriate disciplinary action against a pharmacist who
35violates a rule adopted under subsection (h) concerning a
36professional determination made;
37 under IC 35-48-4-14.7 concerning the sale of ephedrine and
38 pseudoephedrine.
39    SECTION 3. IC 33-23-1-9.7 IS REPEALED [EFFECTIVE JULY
40 1, 2026]. Sec. 9.7. "NPLEx" refers to the National Precursor Log
41 Exchange.
42    SECTION 4. IC 33-24-6-3, AS AMENDED BY P.L.77-2025,
 2026  IN 1399—LS 7065/DI 107
                                    5
1 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2026]: Sec. 3. (a) The office of judicial administration shall
3 do the following:
4      (1) Examine the administrative and business methods and systems
5      employed in the offices of the clerks of court and other offices
6      related to and serving the courts and make recommendations for
7      necessary improvement.
8      (2) Collect and compile statistical data and other information on
9      the judicial work of the courts in Indiana. All justices of the
10      supreme court, judges of the court of appeals, judges of all trial
11      courts, and any city or town courts, whether having general or
12      special jurisdiction, court clerks, court reporters, and other
13      officers and employees of the courts shall, upon notice by the
14      chief administrative officer and in compliance with procedures
15      prescribed by the chief administrative officer, furnish the chief
16      administrative officer the information as is requested concerning
17      the nature and volume of judicial business. The information must
18      include the following:
19(A) The volume, condition, and type of business conducted by
20the courts.
21(B) The methods of procedure in the courts.
22(C) The work accomplished by the courts.
23(D) The receipt and expenditure of public money by and for
24the operation of the courts.
25(E) The methods of disposition or termination of cases.
26      (3) Prepare and publish reports, not less than one (1) or more than
27      two (2) times per year, on the nature and volume of judicial work
28      performed by the courts as determined by the information
29      required in subdivision (2).
30      (4) Serve the judicial nominating commission and the judicial
31      qualifications commission in the performance by the commissions
32      of their statutory and constitutional functions.
33      (5) Administer the civil legal aid fund as required by IC 33-24-12.
34      (6) Administer the court technology fund established by section
35      12 of this chapter.
36      (7) By December 31, 2013, develop and implement a standard
37      protocol for sending and receiving court data:
38(A) between the protective order registry, established by
39IC 5-2-9-5.5, and county court case management systems;
40(B) at the option of the prosecuting attorney, for:
41(i) a prosecuting attorney's case management system;
42(ii) a county court case management system; and
 2026  IN 1399—LS 7065/DI 107
                                      6
1(iii) a county court case management system developed and
2operated by the office of judicial administration;
3to interface with the electronic traffic tickets, as defined by
4IC 9-30-3-2.5; and
5(C) between county court case management systems and the
6case management system developed and operated by the office
7of judicial administration.
8The standard protocol developed and implemented under this
9subdivision shall permit private sector vendors, including vendors
10providing service to a local system and vendors accessing the
11system for information, to send and receive court information on
12an equitable basis and at an equitable cost, and for a case
13management system developed and operated by the office of
14judicial administration, must include a searchable field for the
15name and bail agent license number, if applicable, of the bail
16agent or a person authorized by the surety that pays bail for an
17individual as described in IC 35-33-8-3.2.
18(8) Establish and administer an electronic system for receiving
19information that relates to certain individuals who may be
20prohibited from possessing a firearm for the purpose of:
21(A) transmitting this information to the Federal Bureau of
22Investigation for inclusion in the NICS; and
23(B) beginning July 1, 2021, compiling and publishing certain
24statistics related to the confiscation and retention of firearms
25as described under section 14 of this chapter.
26(9) Establish and administer an electronic system for receiving
27drug related felony conviction information from courts. The office
28of judicial administration shall notify NPLEx the state police
29department of each drug related felony entered after June 30,
302012, and do the following:
31(A) Provide NPLEx the state police department with the
32following information:
33(i) The convicted individual's full name.
34(ii) The convicted individual's date of birth.
35(iii) The convicted individual's driver's license number, state
36personal identification number, or other unique number, if
37available.
38(iv) The date the individual was convicted of the felony.
39Upon receipt of the information from the office of judicial
40administration, a stop sale alert must be generated through
41NPLEx the state police department's electronic logging
42system under IC 10-11-13.2 for each individual reported
 2026  IN 1399—LS 7065/DI 107
                                      7
1under this clause.
2(B) Notify NPLEx the state police department if the felony
3of an individual reported under clause (A) has been:
4(i) set aside;
5(ii) reversed;
6(iii) expunged; or
7(iv) vacated.
8Upon receipt of information under this clause, NPLEx the
9state police department shall remove the stop sale alert
10issued under clause (A) for the individual in the electronic
11logging system under IC 10-11-13.2.
12(10) After July 1, 2018, establish and administer an electronic
13system for receiving from courts felony or misdemeanor
14conviction information for each felony or misdemeanor described
15in IC 20-28-5-8(c). The office of judicial administration shall
16notify the department of education at least one (1) time each week
17of each felony or misdemeanor described in IC 20-28-5-8(c)
18entered after July 1, 2018, and do the following:
19(A) Provide the department of education with the following
20information:
21(i) The convicted individual's full name.
22(ii) The convicted individual's date of birth.
23(iii) The convicted individual's driver's license number, state
24personal identification number, or other unique number, if
25available.
26(iv) The date the individual was convicted of the felony or
27misdemeanor.
28(B) Notify the department of education if the felony or
29misdemeanor of an individual reported under clause (A) has
30been:
31(i) set aside;
32(ii) reversed; or
33(iii) vacated.
34(11) Perform legal and administrative duties for the justices as
35determined by the justices.
36(12) Provide staff support for the judicial conference of Indiana
37established in IC 33-38-9.
38(13) Work with the United States Department of Veterans Affairs
39to identify and address the needs of veterans in the court system.
40(14) If necessary for purposes of IC 35-47-16-1, issue a retired
41judicial officer an identification card identifying the retired
42judicial officer as a retired judicial officer.
 2026  IN 1399—LS 7065/DI 107
                                    8
1(15) Establish and administer the statewide juvenile justice data
2aggregation plan established under section 12.5 of this chapter.
3(16) Create and make available an application for detention to be
4used in proceedings under IC 12-26-5 (mental health detention,
5commitment, and treatment).
6(17) Create and make available a uniform form to assist a court in
7making an indigency determination under IC 35-33-7-6.5.
8(18) Before July 1, 2025, establish and administer an electronic
9system for:
10(A) receiving a request for a chronological case summary
11from; and
12(B) transmitting a chronological case summary to;
13the state police department for purposes of expungement or
14sealing of records.
15     (b) All forms to be used in gathering data must be approved by the
16 supreme court and shall be distributed to all judges and clerks before
17 the start of each period for which reports are required.
18     (c) The office of judicial administration may adopt rules to
19 implement this section.
20     SECTION 5. IC 34-30-2.1-569, AS ADDED BY P.L.105-2022,
21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2026]: Sec. 569. IC 35-48-4-14.7(d) (Concerning a pharmacy
23 or NPLEx covered retailer that discloses information concerning the
24 sale of a product containing ephedrine or pseudoephedrine).
25     SECTION 6. IC 34-30-2.1-570 IS REPEALED [EFFECTIVE JULY
26 1, 2026]. Sec. 570. IC 35-48-4-14.7(d)(3) (Concerning a pharmacist's
27 professional judgment not to sell ephedrine or pseudoephedrine to an
28 individual).
29     SECTION 7. IC 34-30-2.1-571, AS ADDED BY P.L.105-2022,
30 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2026]: Sec. 571. IC 35-48-4-14.7(k) IC 35-48-4-14.7(j)
32 (Concerning a pharmacy or NPLEx covered retailer that discloses
33 information concerning the sale of a product containing ephedrine or
34 pseudoephedrine).
35     SECTION 8. IC 35-31.5-2-111.2 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2026]: Sec. 111.2. "Electronic logging
38 system", for purposes of IC 35-48-4-14.7, has the meaning set forth
39 in IC 35-48-4-14.7(b).
40     SECTION 9. IC 35-31.5-2-120, AS ADDED BY P.L.114-2012,
41 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2026]: Sec. 120. "Ephedrine", for purposes of
 2026  IN 1399—LS 7065/DI 107
                                     9
1 IC 35-48-4-14.7, has the meaning set forth in IC 35-48-4-14.7(b)(3).
2 IC 35-48-4-14.7(b).
3     SECTION 10. IC 35-48-4-14.7, AS AMENDED BY P.L.252-2017,
4 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2026]: Sec. 14.7. (a) This section does not apply to the
6 following:
7(1) Ephedrine or pseudoephedrine dispensed pursuant to a
8prescription. Nothing in this section prohibits a person who is
9denied the sale of a nonprescription product containing
10pseudoephedrine or ephedrine from obtaining pseudoephedrine
11or ephedrine pursuant to a prescription.
12(2) The sale of a drug containing ephedrine or pseudoephedrine
13to a licensed health care provider, pharmacist, retail distributor,
14wholesaler, manufacturer, or an agent of any of these persons if
15the sale occurs in the regular course of lawful business activities.
16However, a retail distributor, wholesaler, or manufacturer is
17required to report a suspicious order to the state police department
18in accordance with subsection (g). (f).
19(3) The sale of a drug containing ephedrine or pseudoephedrine
20by a person who does not sell exclusively to walk-in customers for
21the personal use of the walk-in customers. However, if the person
22described in this subdivision is a retail distributor, wholesaler, or
23manufacturer, the person is required to report a suspicious order
24to the state police department in accordance with subsection (g).
25(f).
26     (b) The following definitions apply throughout this section:
27(1) "Constant video monitoring" means the surveillance by an
28automated camera that:
29(A) records at least one (1) photograph or digital image every
30ten (10) seconds;
31(B) retains a photograph or digital image for at least
32seventy-two (72) hours;
33(C) has sufficient resolution and magnification to permit the
34identification of a person in the area under surveillance; and
35(D) stores a recorded photograph or digital image at a location
36that is immediately accessible to a law enforcement officer.
37(2) "Convenience package" means a package that contains a drug
38having as an active ingredient not more than sixty (60) milligrams
39of ephedrine or pseudoephedrine, or both.
40(3) "Electronic logging system" means the system established
41and operated by the state police department under
42IC 10-11-13.2 for the purpose of:
 2026  IN 1399—LS 7065/DI 107
                                    10
1(A) recording and monitoring the real time purchase of
2products containing ephedrine or pseudoephedrine; and
3(B) monitoring the information described in clause (A) to
4prevent or investigate the illegal purchase of ephedrine or
5pseudoephedrine.
6(3) (4) "Ephedrine" means pure or adulterated ephedrine.
7(4) (5) "Pharmacy or NPLEx covered retailer" means:
8(A) a pharmacy, as defined in IC 25-26-13-2;
9(B) a retailer containing a pharmacy, as defined in
10IC 25-26-13-2; or
11(C) a retailer that electronically submits the required
12information to the National Precursor Log Exchange (NPLEx).
13state police department's logging system under
14IC 10-11-13.2.
15(5) (6) "Pseudoephedrine" means pure or adulterated
16pseudoephedrine.
17(6) (7) "Retailer" means a grocery store, general merchandise
18store, or other similar establishment. The term does not include a
19pharmacy or NPLEx covered retailer.
20(7) (8) "Suspicious order" means a sale or transfer of a drug
21containing ephedrine or pseudoephedrine if the sale or transfer:
22(A) is a sale or transfer that the retail distributor, wholesaler,
23or manufacturer is required to report to the United States Drug
24Enforcement Administration;
25(B) appears suspicious to the retail distributor, wholesaler, or
26manufacturer in light of the recommendations contained in
27Appendix A of the report to the United States attorney general
28by the suspicious orders task force under the federal
29Comprehensive Methamphetamine Control Act of 1996; or
30(C) is for cash or a money order in a total amount of at least
31two hundred dollars ($200).
32(8) (9) "Unusual theft" means the theft or unexplained
33disappearance from a particular pharmacy or NPLEx covered
34retailer of drugs containing ten (10) grams or more of ephedrine,
35pseudoephedrine, or both in a twenty-four (24) hour period.
36     (c) A drug containing ephedrine or pseudoephedrine may be sold
37 only by a pharmacy or NPLEx covered retailer.
38     (d) A pharmacy or NPLEx covered retailer may sell a drug that
39 contains the active ingredient of ephedrine, pseudoephedrine, or both
40 only if the pharmacy or NPLEx covered retailer complies with the
41 following conditions:
42(1) The pharmacy or NPLEx covered retailer does not sell the
 2026  IN 1399—LS 7065/DI 107
                                     11
1drug to a person less than eighteen (18) years of age.
2(2) The pharmacy or NPLEx covered retailer does not sell drugs
3containing more than:
4(A) three and six-tenths (3.6) grams of ephedrine or
5pseudoephedrine, or both, to one (1) individual on one (1) day;
6(B) seven and two-tenths (7.2) grams of ephedrine or
7pseudoephedrine, or both, to one (1) individual in a thirty (30)
8day period; or
9(C) sixty-one and two-tenths (61.2) grams of ephedrine or
10pseudoephedrine, or both, to one (1) individual in a three
11hundred sixty-five (365) day period.
12(3) Except as provided in subsection (f), before the sale occurs the
13pharmacist or the pharmacy technician (as defined by
14IC 25-26-19-2) has determined that the purchaser has a
15relationship on record with the pharmacy, in compliance with
16rules adopted by the board under IC 25-26-13-4. If it has been
17determined that the purchaser does not have a relationship on
18record with the pharmacy, the pharmacist shall make a
19professional determination as to whether there is a legitimate
20medical or pharmaceutical need for ephedrine or pseudoephedrine
21before selling ephedrine or pseudoephedrine to an individual. The
22pharmacist's professional determination must comply with the
23rules adopted under IC 25-26-13-4 and may include the
24following:
25(A) Prior medication filling history of the individual.
26(B) Consulting with the individual.
27(C) Other tools that provide professional reassurance to the
28pharmacist that a legitimate medical or pharmaceutical need
29for ephedrine or pseudoephedrine exists.
30A pharmacist who in good faith does not sell ephedrine or
31pseudoephedrine to an individual under this subdivision is
32immune from civil liability unless the refusal to sell constitutes
33gross negligence or intentional, wanton, or willful misconduct.
34(4) (3) The pharmacy or NPLEx covered retailer requires:
35(A) the purchaser to produce a valid government issued photo
36identification card showing the date of birth of the person;
37(B) the purchaser to sign a written or electronic log attesting
38to the validity of the information; and
39(C) the clerk who is conducting the transaction to initial or
40electronically record the clerk's identification on the log.
41Records from the completion of a log must be retained for at least
42two (2) years. A law enforcement officer has the right to inspect
 2026  IN 1399—LS 7065/DI 107
                                     12
1and copy a log or the records from the completion of a log in
2accordance with state and federal law. A pharmacy or NPLEx
3covered retailer may not sell or release a log or the records from
4the completion of a log for a commercial purpose. The Indiana
5criminal justice institute may obtain information concerning a log
6or the records from the completion of a log from a law
7enforcement officer if the information may not be used to identify
8a specific individual and is used only for statistical purposes. A
9pharmacy or NPLEx covered retailer that in good faith releases
10information maintained under this subsection is immune from
11civil liability unless the release constitutes gross negligence or
12intentional, wanton, or willful misconduct.
13(5) (4) The pharmacy or NPLEx covered retailer maintains a
14record of information for each sale of a nonprescription product
15containing pseudoephedrine or ephedrine. Required information
16includes:
17(A) the name and address of each purchaser;
18(B) the type of identification presented;
19(C) the governmental entity that issued the identification;
20(D) the identification number; and
21(E) the ephedrine or pseudoephedrine product purchased,
22including the number of grams the product contains and the
23date and time of the transaction.
24(6) (5) A pharmacy or NPLEx covered retailer shall, except as
25provided in subdivision (7), (6), before completing a sale of an
26over-the-counter product containing pseudoephedrine or
27ephedrine, electronically submit the required information to the
28National Precursor Log Exchange (NPLEx), electronic logging
29system under IC 10-11-13.2, if the NPLEx electronic logging
30system is available to pharmacies or NPLEx covered retailers in
31the state without a charge for accessing the system. The pharmacy
32or NPLEx covered retailer may not complete the sale if the
33system generates a stop sale alert, including a stop sale alert for
34a person convicted of a drug related felony reported under
35IC 33-24-6-3.
36(7) (6) If a pharmacy or NPLEx covered retailer selling an
37over-the-counter product containing ephedrine or
38pseudoephedrine experiences mechanical or electronic failure of
39the electronic sales tracking system and is unable to comply with
40the electronic sales tracking requirement, the pharmacy or NPLEx
41covered retailer shall maintain a written log or an alternative
42electronic record keeping mechanism until the pharmacy or
 2026  IN 1399—LS 7065/DI 107
                                    13
1NPLEx covered retailer is able to comply with the electronic
2sales tracking requirement.
3(8) (7) The pharmacy or NPLEx covered retailer stores the drug
4behind a counter in an area inaccessible to a customer or in a
5locked display case that makes the drug unavailable to a customer
6without the assistance of an employee.
7     (e) A person may not purchase drugs containing more than:
8(1) three and six-tenths (3.6) grams of ephedrine or
9pseudoephedrine, or both, on one (1) day;
10(2) seven and two-tenths (7.2) grams of ephedrine or
11pseudoephedrine, or both, in a thirty (30) day period; or
12(3) sixty-one and two-tenths (61.2) grams of ephedrine or
13pseudoephedrine, or both, in a three hundred sixty-five (365) day
14period.
15 These limits apply to the total amount of base ephedrine and
16 pseudoephedrine contained in the products and not to the overall
17 weight of the products.
18     (f) If a purchaser does not have a relationship on record with the
19 pharmacy, as determined by rules adopted by the board under
20 IC 25-26-13-4, or the pharmacist has made a professional
21 determination that there is not a legitimate medical or pharmaceutical
22 need for ephedrine or pseudoephedrine under subsection (d), the
23 purchaser may, at the pharmacist's discretion, purchase only the
24 following:
25(1) A product that has been determined under section 14.3 of this
26chapter to be an extraction resistant or a conversion resistant form
27of ephedrine or pseudoephedrine.
28(2) A product that contains not more than:
29(A) a total of seven hundred twenty (720) milligrams of
30ephedrine or pseudoephedrine per package; and
31(B) thirty (30) milligrams of ephedrine or pseudoephedrine per
32tablet.
33The pharmacist may not sell more than one (1) package of
34ephedrine or pseudoephedrine to a purchaser under this
35subdivision per day.
36 However, if the pharmacist believes that the ephedrine or
37 pseudoephedrine purchase will be used to manufacture
38 methamphetamine, the pharmacist may refuse to sell ephedrine or
39 pseudoephedrine to the purchaser.
40     (g) (f) A retail distributor, wholesaler, or manufacturer shall report
41 a suspicious order to the state police department in writing.
42     (h) (g) Not later than three (3) days after the discovery of an unusual
 2026  IN 1399—LS 7065/DI 107
                                    14
1 theft at a particular retail store, the pharmacy or NPLEx covered
2 retailer shall report the unusual theft to the state police department in
3 writing. If three (3) unusual thefts occur in a thirty (30) day period at
4 a particular pharmacy or NPLEx covered retailer, the pharmacy or
5 NPLEx covered retailer shall, for at least one hundred eighty (180)
6 days after the date of the last unusual theft, locate all drugs containing
7 ephedrine or pseudoephedrine at that particular pharmacy or NPLEx
8 covered retailer behind a counter in an area inaccessible to a customer
9 or in a locked display case that makes the drug unavailable to
10 customers without the assistance of an employee.
11     (i) (h) A unit (as defined in IC 36-1-2-23) may not adopt an
12 ordinance after February 1, 2005, that is more stringent than this
13 section.
14     (j) (i) A person who knowingly or intentionally violates this section
15 commits a Class C misdemeanor. However, the offense is a Class A
16 misdemeanor if the person has a prior unrelated conviction under this
17 section.
18     (k) (j) A pharmacy or NPLEx covered retailer that uses the
19 electronic sales tracking system in accordance with this section is
20 immune from civil liability for any act or omission committed in
21 carrying out the duties required by this section, unless the act or
22 omission was due to recklessness or deliberate or wanton misconduct.
23 A pharmacy or NPLEx covered retailer is immune from liability to a
24 third party unless the pharmacy or NPLEx covered retailer has violated
25 a provision of this section and the third party brings an action based on
26 the pharmacy's or NPLEx covered retailer's violation of this section.
27     (l) (k) The following requirements apply to the NPLEx: electronic
28 logging system:
29(1) Information contained in the NPLEx electronic logging
30system may be shared only with law enforcement officials.
31(2) A law enforcement official may access Indiana transaction
32information maintained in the NPLEx electronic logging system
33for investigative purposes.
34(3) NADDI may not modify sales transaction data that is shared
35with law enforcement officials.
36(4) At least one (1) time per day, Indiana data contained in the
37NPLEx electronic logging system for the previous calendar day
38shall be forwarded to the state police department.
39     (m) (l) A person or corporate entity may not mandate a protocol or
40 procedure that interferes with the pharmacist's ability to exercise the
41 pharmacist's independent professional judgment under this section.
42 including whether to deny the sale of ephedrine or pseudoephedrine
 2026  IN 1399—LS 7065/DI 107
                        15
1 under subsection (f).
2026  IN 1399—LS 7065/DI 107