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