At its July 14, 2025 meeting, the Indiana Board of Pharmacy took up a proposed settlement agreement with a chain pharmacy location. The matter grew out of an employee diversion case the board had heard earlier in the year, after which the board directed that a complaint be filed against the employer for the diversion that occurred there. The pharmacy was not represented at the hearing.
According to the minutes, the diversion occurred over a period of about 10 days, but the state was able to prove only a single instance. The deputy attorney general explained that settlements generally follow precedent and that, as a one-count matter, the maximum fine available under state law was $1,000. Board members discussed the need to treat diversion cases seriously and asked what would happen if they rejected the deal.
After considering the pleadings and evidence, the board voted 7-0 to deny the proposed settlement agreement and, by a second unanimous vote, directed that a final hearing be scheduled no later than September 2025. The denial returns the case to litigation; the minutes record no finding of wrongdoing by the pharmacy at that stage.