Indiana Administrative Code
Title 856 - INDIANA BOARD OF PHARMACY
Article 2 - CONTROLLED SUBSTANCES
Rule 3 - Registration Information-Special Instructions
Section 3-31 - Storage areas; security controls for nonpractitioners

Universal Citation: 856 IN Admin Code 3-31

Current through March 20, 2024

Authority: IC 35-48-3-1

Affected: IC 35-48-3-7

Sec. 31.

Physical security controls for nonpractitioners: Storage Areas.

(a) Schedules I and II [856 IAC 2-2-2 and 856 IAC 2-2-3] . Raw materials, bulk materials awaiting further processing, and finished products which are controlled substances listed in Schedule I or II [856 IAC 2-2-2 or 856 IAC 2-2-3] shall be stored in one of the following secure storage areas:

(1) Where small quantities permit, a safe or steel cabinet.
(i) Which safe or steel cabinet shall have the following specifications or the equivalent: 30 man-minutes against surreptitious entry, 10 man-minutes against forced entry, 20 man-hours against lock manipulation, and 20 man-hours against radiological techniques.

(ii) Which safe or steel cabinet, if it weighs less than 750 pounds, is bolted or cemented to the floor or wall in such a way that it cannot be readily removed; and

(iii) Which safe or steel cabinet, if necessary, depending upon the quantities and type of controlled substances stored, is equipped with an alarm system which, upon attempted unauthorized entry, shall transmit a signal directly to a central protection company or a local or State police agency which has a legal duty to respond, or a 24-hour control station operated by the registrant, or such other protection as the Indiana Board of Pharmacy or the Drug Enforcement Administration may approve.

(2) A vault constructed before, or under construction on October 1, 1973, which is of substantial construction with a steel door, combination or key lock, and an alarm system; or

(3) A vault constructed after October 1, 1973:
(i) The walls, floors, and ceilings of which vault are constructed of at least 8 inches of reinforced concrete or other substantial masonry, reinforced vertically and horizontally with 1/2-inch steel rods tied 6 inches on center, or the structural equivalent to such reinforced walls, floors, and ceilings;

(ii) The door and frame unit of which vault shall conform to the following specifications or the equivalent; 30 man-minutes against surreptitious entry, 10 man-minutes against forced entry, 20 man-hours against lock manipulation, and 20 man-hours against radiological techniques;

(iii) Which vault, if operations require it to remain open for frequent access, is equipped with "day-gate" which is self-closing and self-locking, or the equivalent, for use during the hours of operation in which the vault door is open; (iv) The walls or perimeter of which vault are equipped with an alarm, which upon unauthorized entry shall transmit a signal directly to a central station protection company, or a local or State police agency which has a legal duty to respond or a 24-hour control station operated by the registrant or such other protection as the Indiana Board of Pharmacy or the Drug Enforcement Administration may approve, and, if necessary, holdup buttons at strategic points of entry to the perimeter area of the vault;

(v) The door of which vault is equipped with contact switches; and

(vi) Which vault has one of the following: complete electrical lacing of the walls, floor and ceilings; sensitive ultrasonic equipment within the vault; a sensitive sound accumulator system; or such other device designed to detect illegal entry as may be approved by the Indiana Board of Pharmacy or the Drug Enforcement Administration.

(b) Schedules III, IV, and V [856 IAC 2-2-4 T 856 IAC 2-2-6] . Raw materials, bulk materials awaiting further processing, and finished products which are controlled substances listed in Schedules III, IV, and V [856 IAC 2-2-4 T 856 IAC 2-2-6] shall be stored in one of the following secure storage areas:

(1) Where small quantities permit, a safe which complies with the requirements set forth in paragraph (a)(1) of this section;

(2) A vault which complies with the requirements set forth in either paragraph (a)(2) or (3) of this section or

(3) A building or area located within a building, which building or area:
(i) Has walls or perimeter fences of sufficient height and construction to provide security from burglary;

(ii) Has substantial doors which may be securely locked during non-working hours by a multiple-position combination or key lock;

(iii) Is equipped with an alarm which, upon unauthorized entry, shall transmit a signal directly to a central station protection company, or local or State police agency which has a legal duty to respond or a 24-hour control station operated by the registrant or such other protection as the Indiana Board of Pharmacy or the Drug Enforcement Administration may approve; and

(iv) In which all controlled substances are segregated from all other merchandise and kept under constant surveillance during normal business hours.

(c) Multiple storage areas. Where several types or classes of controlled substances are handled separately by the registrant or applicant for different purposes (e.g., returned goods, or goods in process), the controlled substances may be stored separately, provided that each storage area complies with the requirements set forth in this section.

(d) Accessibility to storage areas. The controlled substances storage areas shall be accessible only to an absolute minimum number of specifically authorized employees. When it is necessary for employee maintenance personnel, non-employee maintenance personnel, business guests, or visitors to be present in or pass through controlled substances storage areas, the registrant shall provide for adequate observation of the area by an employee specifically authorized in writing.

(e) Compliance with the requirements prescribed in Part 301, Section 301.72 of Title 21 of the Code of Federal Regulations, effective April 1, 1973, shall be deemed in compliance with this section.

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