*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