Section 856IAC2-3-5. Exemption of agents or employees; affiliated practitioners; paramedics

   Exemption of agents and employees; affiliated practitioners. (a) The requirement of registration is waived for any agent or employee of a person who is registered to engage in any group of independent activities, if such agent or employee is acting in the usual course of his business or employment.

  (b) An individual practitioner (other than an intern, resident, or foreign-trained physician) who is an agent or employee of another practitioner registered to dispense controlled substances may, when acting in the usual course of his employment, administer, and dispense (other than by issuance of prescription) controlled substances if and to the extent that such individual practitioner is authorized or permitted to do so by the jurisdiction in which he practices, under the registration of the employer or principal practitioner in lieu of being registered himself. (For example, a pharmacist employed by a pharmacy need not be registered individually to fill a prescription for controlled substances in a pharmacy if so registered).

  (c) An individual practitioner who is an intern, resident, or foreign-trained physician may dispense, administer, and prescribe controlled substances under the registration of the hospital or other institution which is registered and by whom he is employed in lieu of being registered himself, provided that:

(1) Such dispensing or prescribing is done in the usual course of his professional practice;

(2) Such individual practitioner is authorized or permitted to do so by the jurisdiction in which he is practicing;

(3) The hospital or other institution by whom he is employed has determined that the individual practitioner is so permitted to dispense, administer, or prescribe drugs by the jurisdiction;

(4) Such individual practitioner is acting only within the scope of his employment with the hospital or institution;

(5) The hospital or other institution authorizes the intern, resident, or foreign-trained physician to dispense or prescribe under the hospital registration and designates a specific internal code number for each intern, resident, or foreign-trained physician so authorized. The code number shall consist of numbers, letters, or a combination thereof and shall be a suffix to the institution's DEA registration number, preceded by a hyphen (e.g., AP 0123456-10 or AP 0123456-A12); and

(6) A current list of internal codes and the corresponding individual practitioner is kept by the hospital or other institution and is made available to the public upon request for the purpose of verifying the authority of the prescribing individual practitioner.

  (d) The requirement of registration is waived for advanced emergency medical technicians and emergency paramedics as described in IC 16-1-40 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] and 836 IAC 2-1-1 insofar as they administer controlled substances within the applicable requirements and standards of IC 16-1-40 [IC 16-1 was repealed by P.L.2-1993, SECTION 209, effective July 1, 1993.] as well as the rules and regulations promulgated thereunder by the Indiana Emergency Medical Services Commission. (Indiana Board of Pharmacy; Reg 28, Ch III, Sec 3.14; filed Jul 9, 1974, 9:29 am: unpublished; filed Feb 11, 1981, 9:05 am: 4 IR 378; errata, 4 IR 536; readopted filed Nov 14, 2001, 2:45 p.m.: 25 IR 1341; readopted filed Oct 4, 2007, 3:33 p.m.: 20071031-IR-856070060RFA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-856130308RFA)