First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1568
AN ACT to amend the Indiana Code concerning health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 12-15-1.3-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.5. Before July 1, 2023, the
office shall apply to the United States Department of Health and
Human Services to amend the state plan to reimburse a pharmacist
for services and prescriptions provided under IC 25-26-25 to an
eligible Medicaid recipient.
SECTION 2. IC 16-19-4-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 12. (a) Subject to IC 25-26-25, before September 1,
2023, the state health commissioner or the commissioner's
designated public health authority who is a licensed prescriber
shall, as part of the individual's official capacity, issue a standing
order that allows a pharmacist to prescribe and dispense a
hormonal contraceptive patch (as defined in IC 25-26-25-2) and a
self-administered hormonal contraceptive (as defined in
IC 25-26-25-3).
(b) A standing order described in subsection (a) must comply
with the requirements set forth under IC 25-26-25.
(c) The state health commissioner or designated public health
authority who issues a standing order under subsection (a) is
immune from civil liability related to the issuing of the standing
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order.
SECTION 3. IC 25-26-25 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 25. Hormonal Contraceptives
Sec. 1. The definitions in IC 25-26-13-2 apply to this chapter.
Sec. 2. As used in this chapter, "hormonal contraceptive patch"
means a transdermal patch applied to the skin of a woman, by the
woman or by a pharmacist, that releases a drug composed of a
combination of hormones that is approved by the federal Food and
Drug Administration to prevent pregnancy. However, the term
does not include a drug, substance, or device that contains a
progesterone receptor antagonist.
Sec. 3. As used in this chapter, "self-administered hormonal
contraceptive" means a drug:
(1) composed of a hormone or a combination of hormones
that is approved by the federal Food and Drug Administration
to prevent pregnancy; and
(2) that the woman to whom the drug is prescribed may
administer to herself.
The term includes hormonal contraceptive pills. However, the term
does not include a drug or substance that contains a progesterone
receptor antagonist.
Sec. 4. A pharmacist may prescribe and dispense hormonal
contraceptive patches and self-administered hormonal
contraceptives to a woman who is at least eighteen (18) years of
age, regardless of whether the woman has evidence of a previous
prescription from a primary care practitioner or women's health
care practitioner for a hormonal contraceptive patch or
self-administered hormonal contraceptive.
Sec. 5. (a) The state health commissioner or designated public
health authority shall issue a standing order that concerns
standard procedures for the prescribing of hormonal contraceptive
patches and self-administered hormonal contraceptives by
pharmacists and that is effective until the board adopts rules under
this chapter.
(b) Before issuing a standing order under subsection (a), the
state health commissioner or designated public health authority
shall:
(1) consult with appropriate medical experts; and
(2) receive approval of the medical licensing board of Indiana.
(c) The standing order issued under this section must require a
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pharmacist who elects to prescribe hormonal contraceptive patches
and self-administered hormonal contraceptives to do the following:
(1) Complete a training program approved by the board that
is related to prescribing hormonal contraceptive patches and
self-administered hormonal contraceptives. The board may
adopt a training program developed by another state.
(2) Provide a self-screening risk assessment tool that the
woman must use before the pharmacist's prescribing of the
hormonal contraceptive patch or self-administered hormonal
contraceptive.
(3) Refer the woman to a primary care practitioner or the
women's health care practitioner upon prescribing and
dispensing the hormonal contraceptive patch or
self-administered hormonal contraceptive.
(4) Provide the woman with a written record of the hormonal
contraceptive patch or the self-administered hormonal
contraceptive prescribed and dispensed and advise the woman
to consult with a primary care practitioner or women's health
care practitioner.
(5) If the pharmacist works at a site which, in the regular
course of business, has a provider who is a physician,
advanced practice registered nurse, or physician assistant
who is available to deliver patient care and who is capable of
prescribing the hormonal contraceptive patch or
self-administered hormonal contraceptive, suggest that the
woman see the provider.
(6) Administer the screening protocols before issuing each
prescription for a hormonal contraceptive patch or
self-administered hormonal contraceptive.
(7) Provide that a prescription for a contraceptive patch or
self-administered hormonal contraceptive may not be for
more than a six (6) month period and that the pharmacist may
not issue a prescription to the woman after twelve (12) months
unless the woman has been seen by a physician, advanced
practice registered nurse, or physician assistant in the
previous twelve (12) month period.
Sec. 6. The board shall adopt rules under IC 4-22-2 that adopt
the state health commissioner's standing order under section 5 of
this chapter.
Sec. 7. A pharmacist may not require a woman to schedule an
appointment with the pharmacist for the prescribing or dispensing
of a hormonal contraceptive patch or self-administered hormonal
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contraceptive.
Sec. 8. (a) A pharmacist is not required to prescribe or dispense
a hormonal contraceptive patch or self-administered hormonal
contraceptive to a woman if the pharmacist:
(1) believes that the hormonal contraceptive patch or
self-administered hormonal contraceptive is contraindicated;
or
(2) objects on ethical, moral, or religious grounds.
(b) An individual who is a pharmacy technician, pharmacy
technician in training, pharmacist student, or pharmacist intern is
not required to dispense a hormonal contraceptive patch or
self-administered hormonal contraceptive to a woman if the
individual objects on ethical, moral, or religious grounds.
Sec. 9. (a) Notwithstanding IC 25-1-9, the board shall revoke the
license of a pharmacist if, after appropriate notice and an
opportunity for a hearing, the attorney general proves by a
preponderance of the evidence that the pharmacist knowingly or
intentionally prescribed a drug under this chapter that is intended
to cause an abortion.
(b) A pharmacist who knowingly or intentionally prescribes a
drug under this chapter that is intended to cause an abortion
commits a Level 5 felony.
SECTION 4. IC 34-30-2.1-197.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 197.2. IC 16-19-4-12 (Concerning
issuance of certain standing orders by the state health
commissioner and designated public health authorities).
SECTION 5. IC 35-52-25-46.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 46.8. IC 25-26-25-9 defines a
crime concerning pharmacists.
SECTION 6. An emergency is declared for this act.
HEA 1568 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1568