Indiana 2025 Regular Session

Indiana Senate Bill SB0096 Latest Draft

Bill / Engrossed Version Filed 02/17/2025

                            *SB0096.2*
Reprinted
February 18, 2025
SENATE BILL No. 96
_____
DIGEST OF SB 96 (Updated February 17, 2025 3:20 pm - DI 92)
Citations Affected:  IC 25-26.
Synopsis:  Pharmacist administration of immunizations. Allows a
pharmacist to administer an immunization that is recommended by the
federal Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices and approved by federal Food
and Drug Administration to a group of individuals under a drug order,
under a prescription, or according to a protocol approved by a
physician if certain conditions are met. (Current law allows a
pharmacist to administer specified immunizations to a group of
individuals under a drug order, under a prescription, or according to a
protocol approved by a physician if certain conditions are met.)
Authorizes the commissioner of the Indiana department of health to
remove during the legislative interim a vaccination from the list of
vaccinations otherwise recommended and approved by the federal
government. Provides that the commissioner's removal of the
vaccination from the list is effective until the date that the general
assembly adjourns sine die in the ensuing calendar year.
Effective:  July 1, 2025.
Becker, Leising, Young M,
Randolph Lonnie M
January 8, 2025, read first time and referred to Committee on Public Policy.
February 6, 2025, reported favorably — Do Pass.
February 17, 2025, read second time, amended, ordered engrossed.
SB 96—LS 6378/DI 104  Reprinted
February 18, 2025
First Regular Session of the 124th General Assembly (2025)
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,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 96
A BILL FOR AN ACT to amend the Indiana Code concerning
professions and occupations.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 25-26-13-31.2, AS AMENDED BY P.L.56-2023,
2 SECTION 239, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 31.2. (a) A pharmacist may
4 administer an immunization to an individual under a drug order or
5 prescription.
6 (b) Subject to subsection (c), subsections (c) and (h), a pharmacist
7 may administer immunizations for the following an immunization
8 that is recommended by the federal Centers for Disease Control
9 and Prevention Advisory Committee on Immunization Practices
10 and approved by the federal Food and Drug Administration to a
11 group of individuals under a drug order, under a prescription, or
12 according to a protocol approved by a physician.
13 (1) Influenza.
14 (2) Shingles (herpes zoster).
15 (3) Pneumonia.
16 (4) Tetanus, diphtheria, and acellular pertussis (whooping cough).
17 (5) Human papillomavirus (HPV) infection.
SB 96—LS 6378/DI 104 2
1 (6) Meningitis.
2 (7) Measles, mumps, and rubella.
3 (8) Varicella.
4 (9) Hepatitis A.
5 (10) Hepatitis B.
6 (11) Haemophilus influenzae type b (Hib).
7 (12) Coronavirus disease.
8 (c) A pharmacist may administer an immunization under subsection
9 (b) if the following requirements are met:
10 (1) The physician specifies in the drug order, prescription, or
11 protocol the group of individuals to whom the immunization may
12 be administered.
13 (2) The physician who writes the drug order, prescription, or
14 protocol is licensed and actively practicing with a medical office
15 in Indiana and not employed by a pharmacy.
16 (3) The pharmacist who administers the immunization is
17 responsible for notifying, not later than fourteen (14) days after
18 the pharmacist administers the immunization, the physician who
19 authorized the immunization and the individual's primary care
20 physician that the individual received the immunization.
21 (4) If the physician uses a protocol, the protocol may apply only
22 to an individual or group of individuals who
23 (A) except as provided in clause (B), are at least eleven (11)
24 years of age. or
25 (B) for the pneumonia immunization under subsection (b)(3),
26 are at least fifty (50) years of age.
27 (5) Before administering an immunization to an individual
28 according to a protocol approved by a physician, the pharmacist
29 must receive the consent of one (1) of the following:
30 (A) If the individual to whom the immunization is to be
31 administered is at least eleven (11) years of age but less than
32 eighteen (18) years of age, the parent or legal guardian of the
33 individual.
34 (B) If the individual to whom the immunization is to be
35 administered is at least eighteen (18) years of age but has a
36 legal guardian, the legal guardian of the individual.
37 (C) If the individual to whom the immunization is to be
38 administered is at least eighteen (18) years of age but has no
39 legal guardian, the individual.
40 A parent or legal guardian who is required to give consent under
41 this subdivision must be present at the time of immunization.
42 (d) If the Indiana department of health or the department of
SB 96—LS 6378/DI 104 3
1 homeland security determines that an emergency exists, subject to
2 IC 16-41-9-1.7(a)(2), a pharmacist may administer any immunization
3 in accordance with:
4 (1) the requirements of subsection (c)(1) through (c)(3); and
5 (2) any instructions in the emergency determination.
6 (e) A pharmacist or pharmacist's designee shall provide
7 immunization data to the immunization data registry (IC 16-38-5) in a
8 manner prescribed by the Indiana department of health unless:
9 (1) the individual receiving the immunization;
10 (2) the parent of the individual receiving the immunization, if the
11 individual receiving the immunization is less than eighteen (18)
12 years of age; or
13 (3) the legal guardian of the individual receiving the
14 immunization, if a legal guardian has been appointed;
15 has completed and filed with the pharmacist or pharmacist's designee
16 a written immunization data exemption form, as provided in
17 IC 16-38-5-2.
18 (f) If an immunization is administered under a protocol, then the
19 name, license number, and contact information of the physician who
20 wrote the protocol must be posted in the location where the
21 immunization is administered. A copy of the protocol must be available
22 for inspection by the individual receiving the immunization.
23 (g) A pharmacist may administer an immunization that is provided
24 according to a standing order, prescription, or protocol issued under
25 this section or IC 16-19-4-11 by the state health commissioner or the
26 commissioner's designated public health authority who is a licensed
27 prescriber. If a pharmacist has received a protocol to administer an
28 immunization from a physician and that specific immunization is
29 covered by a standing order, prescription, or protocol issued by the
30 state health commissioner or the commissioner's designated public
31 health authority, the pharmacist must administer the immunization
32 according to the standing order, prescription, or protocol issued by the
33 state health commissioner or the commissioner's designated public
34 health authority.
35 (h) At any time:
36 (1) after March 14 in an even-numbered year, or April 29 in
37 an odd-numbered year; and
38 (2) before the third Tuesday after the first Monday of
39 November of any calendar year;
40 the commissioner of the Indiana department of health may remove
41 a vaccination from the list of vaccinations otherwise recommended
42 and approved by the federal government that may be administered
SB 96—LS 6378/DI 104 4
1 by a pharmacist under subsection (b). The commissioner shall
2 provide written notice of any vaccinations removed from the list
3 under this subsection in a particular calendar year to the legislative
4 council in an electronic format under IC 5-14-6 before December
5 1 of that year. The commissioner's removal of the vaccination from
6 the list is effective until the date that the general assembly adjourns
7 sine die in the ensuing calendar year.
SB 96—LS 6378/DI 104 5
COMMITTEE REPORT
Mr. President: The Senate Committee on Public Policy, to which
was referred Senate Bill No. 96, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
 (Reference is to SB 96 as introduced.)
           
ALTING, Chairperson
Committee Vote: Yeas 9, Nays 0
_____
SENATE MOTION
Mr. President: I move that Senate Bill 96 be amended to read as
follows:
Page 1, line 6, strike "subsection (c)," and insert "subsections (c)
and (h),".
Page 1, line 9, after "Practices" insert "and approved by the
federal Food and Drug Administration".
Page 3, after line 33, begin a new paragraph and insert:
"(h) At any time:
(1) after March 14 in an even-numbered year, or April 29 in
an odd-numbered year; and
(2) before the third Tuesday after the first Monday of
November of any calendar year;
the commissioner of the Indiana department of health may remove
a vaccination from the list of vaccinations otherwise recommended
and approved by the federal government that may be administered
by a pharmacist under subsection (b). The commissioner shall
provide written notice of any vaccinations removed from the list
under this subsection in a particular calendar year to the legislative
council in an electronic format under IC 5-14-6 before December
1 of that year. The commissioner's removal of the vaccination from
the list is effective until the date that the general assembly adjourns
sine die in the ensuing calendar year.".
(Reference is to SB 96 as printed February 7, 2025.)
JOHNSON T
SB 96—LS 6378/DI 104