Indiana 2022 Regular Session

Indiana House Bill HB1372 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1372
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 16-42-23.5.
7	7	Synopsis: Dispensing ivermectin. Allows a physician or advanced
8	8	practice registered nurse to create a standing order that allows a
9	9	pharmacist to dispense ivermectin. Provides that a prescription
10	10	dispensed under a standing order is considered to be issued for a
11	11	legitimate medical purpose in the usual course of professional practice.
12	12	Prohibits a: (1) physician or advanced practice registered nurse who
13	13	issues; or (2) pharmacist or pharmacy that follows; a standing order
14	14	from seeking or receiving certain personal financial benefits. Requires
15	15	a pharmacist to provide each recipient of ivermectin under a standing
16	16	order with a standardized information sheet that includes certain
17	17	information. Prohibits the information sheet from containing
18	18	information discouraging the recipient from using ivermectin for the
19	19	treatment of COVID-19. Prohibits the medical licensing board of
20	20	Indiana, Indiana state board of nursing, or the Indiana board of
21	21	pharmacy from disciplining a physician, advanced practice registered
22	22	nurse, or pharmacist for certain failures in following a standing order
23	23	or a defect in the standing order.
24	24	Effective: July 1, 2022.
25	25	Nisly
26	26	January 11, 2022, read first time and referred to Committee on Public Health.
27	27	2022 IN 1372—LS 6670/DI 77 Introduced
28	28	Second Regular Session of the 122nd General Assembly (2022)
29	29	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
30	30	Constitution) is being amended, the text of the existing provision will appear in this style type,
31	31	additions will appear in this style type, and deletions will appear in this style type.
32	32	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
33	33	provision adopted), the text of the new provision will appear in this style type. Also, the
34	34	word NEW will appear in that style type in the introductory clause of each SECTION that adds
35	35	a new provision to the Indiana Code or the Indiana Constitution.
36	36	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
37	37	between statutes enacted by the 2021 Regular Session of the General Assembly.
38	38	HOUSE BILL No. 1372
39	39	A BILL FOR AN ACT to amend the Indiana Code concerning
40	40	health.
41	41	Be it enacted by the General Assembly of the State of Indiana:
42	42	1 SECTION 1. IC 16-42-23.5 IS ADDED TO THE INDIANA CODE
43	43	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
44	44	3 JULY 1, 2022]:
45	45	4 Chapter 23.5. Drugs: Dispensing Ivermectin
46	46	5 Sec. 1. As used in this chapter, "standing order" means a
47	47	6 written and signed protocol that:
48	48	7 (1) is created by:
49	49	8 (A) one (1) or more physicians licensed under IC 25-22.5;
50	50	9 or
51	51	10 (B) one (1) or more advanced practice registered nurses
52	52	11 licensed under IC 25-23 and who meet the requirements
53	53	12 under IC 25-23-1-19.5;
54	54	13 (2) creates a protocol that allows a pharmacist licensed under
55	55	14 IC 25-26-13 to dispense ivermectin under the authority of the
56	56	15 physician or advanced practice registered nurse; and
57	57	16 (3) specifies a:
58	58	17 (A) mechanism to document the:
59	59	2022 IN 1372—LS 6670/DI 77 2
60	60	1 (i) screening performed with the patient; and
61	61	2 (ii) prescription dose dispensed;
62	62	3 in the patient's medical record; and
63	63	4 (B) plan for evaluating and treating adverse events.
64	64	5 Sec. 2. (a) A pharmacist who:
65	65	6 (1) is licensed under IC 25-26-13; and
66	66	7 (2) follows a standing order;
67	67	8 may dispense ivermectin to an individual in Indiana without a
68	68	9 prior prescription.
69	69	10 (b) A prescription dispensed under a standing order is
70	70	11 considered to be issued for a legitimate medical purpose in the
71	71	12 usual course of professional practice.
72	72	13 Sec. 3. A:
73	73	14 (1) physician or advanced practice registered nurse who
74	74	15 issues; or
75	75	16 (2) pharmacist or pharmacy that follows;
76	76	17 a standing order may not seek or receive a personal financial
77	77	18 benefit by participating in any incentive based program or
78	78	19 accepting any inducement that influences or encourages
79	79	20 therapeutic or product changes or the ordering of tests or services.
80	80	21 Sec. 4. A pharmacist shall provide each recipient of ivermectin
81	81	22 under a standing order with a standardized information sheet
82	82	23 written in plain language that includes the importance of follow-up
83	83	24 care and health care referral information. Nothing on the
84	84	25 information sheet may discourage the recipient from using
85	85	26 ivermectin for the treatment of COVID-19.
86	86	27 Sec. 5. (a) The medical licensing board of Indiana may not deny,
87	87	28 revoke, suspend, or take disciplinary action against a physician
88	88	29 based on a pharmacist's failure to follow a standing order if the
89	89	30 requirements of this chapter are satisfied.
90	90	31 (b) The Indiana state board of nursing may not deny, revoke,
91	91	32 suspend, or take disciplinary action against an advanced practice
92	92	33 registered nurse based on a pharmacist's failure to follow a
93	93	34 standing order if the requirements of this chapter are satisfied.
94	94	35 (c) The Indiana board of pharmacy may not deny, revoke,
95	95	36 suspend, or take disciplinary action against a pharmacist who
96	96	37 follows a standing order based on a defect in the standing order if
97	97	38 the requirements of this chapter are satisfied.
98	98	2022 IN 1372—LS 6670/DI 77