Introduced Version
SENATE BILL No. 145
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-19-4-11; IC 25-26; IC 34-30-2.1-380.3.
Synopsis: Pharmacy matters. Requires the state health commissioner
or the commissioner's designated public health authority to issue a
standing order, prescription, or protocol (standing order) that allows a
pharmacist to treat or screen, test, administer, or dispense for certain
health conditions. Allows a pharmacist to order tests that are waived
under the federal Clinical Laboratory Improvement Amendments
(CLIA) or established under a standing order. Allows a pharmacy
intern or a pharmacy technician to perform a test that is: (1) delegated
by a supervising pharmacist; and (2) a waived test under CLIA. Allows
a pharmacy technician who is certified to perform any activity
delegated by a supervising pharmacist or pharmacist owner if the
activities: (1) do not require the clinical judgment of a pharmacist; (2)
are not prohibited by a rule adopted by the Indiana board of pharmacy;
or (3) are not an activity required by law to be performed only by a
pharmacist. Provides civil and criminal immunity for a pharmacist
related to filling a prescription for a drug, medicine, or other prescribed
substance. Establishes exceptions.
Effective: July 1, 2025.
Busch
January 8, 2025, read first time and referred to Committee on Health and Provider
Services.
2025 IN 145—LS 6516/DI 147 Introduced
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. 145
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 16-19-4-11, AS AMENDED BY P.L.1-2022,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 11. (a) The state health commissioner or the
4 commissioner's designated public health authority who is a licensed
5 prescriber may, as part of the individual's official capacity, issue a
6 standing order, prescription, or protocol that allows a pharmacist to
7 administer or dispense any of the following:
8 (1) An immunization that is recommended by the federal Centers
9 for Disease Control and Prevention Advisory Committee on
10 Immunization Practices for individuals who are not less than
11 eleven (11) years of age.
12 (2) A smoking cessation product. However, the pharmacist must
13 inform the patient that the patient must have a follow-up
14 consultation with the patient's licensed prescriber.
15 (b) This subsection does not apply to a pharmacist. The state health
16 commissioner or the commissioner's designated public health authority
17 who is a licensed prescriber may, as part of the individual's official
2025 IN 145—LS 6516/DI 147 2
1 capacity, issue a standing order, prescription, or protocol that allows an
2 individual who is licensed, certified, or registered by a board (as
3 defined in IC 25-1-9-1), and if within the individual's scope of practice,
4 to administer or dispense an immunization that is recommended by the
5 federal Centers for Disease Control and Prevention Advisory
6 Committee on Immunization Practices for individuals who are not less
7 than eleven (11) years of age.
8 (c) A standing order described in subsection (a), (b), or (e), or (f)
9 must include the following:
10 (1) The purpose of the order.
11 (2) The eligible recipients.
12 (3) The geographic area covered by the standing order.
13 (4) The procedure for administering or dispensing the
14 immunization or product.
15 (5) A timeline for renewing or updating the standing order.
16 (d) The state health commissioner or designated public health
17 authority who issues a standing order, prescription, or protocol under
18 subsection (a), (b), or (e), or (f) is immune from civil liability related
19 to the issuing of the standing order, prescription, or protocol.
20 (e) Notwithstanding subsection (a) and subsection (b), the state
21 health commissioner or the commissioner's designated public health
22 authority may issue a standing order, prescription, or protocol to
23 administer or dispense an immunization that is recommended by the
24 federal Centers for Disease Control and Prevention Advisory
25 Committee on Immunization Practices for individuals who are at least
26 five (5) years of age. Nothing in this subsection authorizes the state
27 health commissioner or the commissioner's designated public health
28 authority to:
29 (1) require an individual to receive an immunization for
30 COVID-19; or
31 (2) waive or otherwise allow a minor to receive an immunization
32 without the consent of the parent or guardian as required under
33 IC 16-36-1.
34 This subsection expires at the conclusion of the federal public health
35 emergency concerning COVID-19 that was renewed on October 15,
36 2021, or any subsequent renewal of the declared federal public health
37 emergency concerning COVID-19.
38 (f) The state health commissioner or the commissioner's
39 designated public health authority shall, as part of the individual's
40 official capacity, issue a standing order, prescription, or protocol
41 that allows a pharmacist to treat or screen, test, administer, or
42 dispense for any of the following:
2025 IN 145—LS 6516/DI 147 3
1 (1) Respiratory illness, including;
2 (A) influenza;
3 (B) severe acute respiratory syndrome coronavirus 2
4 (SARS-CoV-2); and
5 (C) respiratory syncytial virus (RSV).
6 (2) Group A streptococcus pharyngitis (strep throat).
7 (3) Lice.
8 (4) Minor skin conditions determined by the state health
9 commissioner or designated public health authority.
10 (5) Emerging or existing public health threats identified by
11 the state health commissioner or designated public health
12 authority.
13 SECTION 2. IC 25-26-13-31.3 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 31.3. A pharmacist may treat
16 health conditions and order tests to guide the pharmacist's clinical
17 decision making under a standing order, prescription, or protocol
18 issued by the state health commissioner. However, the test must be:
19 (1) a waived test under the federal Clinical Laboratory
20 Improvement Amendments (CLIA), including a test system
21 cleared by the federal Food and Drug Administration for
22 home use or a test approved for waiver under the CLIA; or
23 (2) established under the standing order, prescription, or
24 protocol issued by the state health commissioner.
25 SECTION 3. IC 25-26-13-31.5, AS AMENDED BY P.L.207-2021,
26 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 31.5. (a) Subject to rules adopted under
28 subsection (c), a pharmacist intern or a pharmacist student may
29 administer an immunization to an individual under a drug order or
30 prescription.
31 (b) Subject to rules adopted under subsection (c), a pharmacist
32 intern or a pharmacist student may administer an immunization to an
33 individual or a group of individuals under a drug order, under a
34 prescription, or according to a protocol approved by a physician.
35 (c) The board shall adopt rules under IC 4-22-2 to establish
36 requirements applying to a pharmacist intern or a pharmacist student
37 who administers an immunization to an individual or group of
38 individuals. The rules adopted under this section:
39 (1) must provide for the direct supervision of the pharmacist
40 intern or pharmacist student by a pharmacist, a physician, a
41 physician assistant, an advanced practice registered nurse, or a
42 registered nurse; and
2025 IN 145—LS 6516/DI 147 4
1 (2) may not be less stringent than the requirements applying to a
2 pharmacist who administers an immunization to an individual as
3 provided under section 31.2 of this chapter.
4 (d) A pharmacy intern may perform a test that is:
5 (1) delegated by a supervising pharmacist; and
6 (2) a waived test under the federal Clinical Laboratory
7 Improvement Amendments (CLIA), including a test system
8 cleared by the federal Food and Drug Administration for
9 home use or a test approved for waiver under the CLIA.
10 SECTION 4. IC 25-26-13-31.7, AS AMENDED BY P.L.93-2024,
11 SECTION 188, IS AMENDED TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2025]: Sec. 31.7. (a) Subject to rules adopted
13 under subsection (c), a pharmacy technician may administer any
14 immunization to an individual under a drug order or prescription, as
15 delegated by the pharmacist.
16 (b) Subject to rules adopted under subsection (c), a pharmacy
17 technician may administer an immunization to an individual or a group
18 of individuals under a drug order, under a prescription, or according to
19 a protocol approved by a physician, as delegated by the pharmacist.
20 (c) The board shall adopt rules under IC 4-22-2 to establish
21 requirements applying to a pharmacy technician who administers an
22 immunization to an individual or group of individuals. The rules
23 adopted under this section must provide for the direct supervision of
24 the pharmacy technician by a pharmacist, a physician, a physician
25 assistant, or an advanced practice registered nurse.
26 (d) The board must approve all programs that provide training to
27 pharmacy technicians to administer immunizations as permitted by this
28 section.
29 (e) A pharmacy technician may perform a test that is:
30 (1) delegated by a supervising pharmacist; and
31 (2) a waived test under the federal Clinical Laboratory
32 Improvement Amendments (CLIA), including a test system
33 cleared by the federal Food and Drug Administration for
34 home use or a test approved for waiver under the CLIA.
35 SECTION 5. IC 25-26-13-34 IS ADDED TO THE INDIANA
36 CODE AS A NEW SECTION TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 34. (a) Nothing in this section
38 grants civil immunity to a pharmacist or pharmacy whose actions
39 or omissions, as proven by clear and convincing evidence,
40 constitute gross negligence or willful or wanton misconduct,
41 including fraud and intentional acts.
42 (b) For purposes of this section, the absence of a diagnosis or a
2025 IN 145—LS 6516/DI 147 5
1 diagnosis code on the prescription by the prescriber indicating that
2 the drug, medicine, or other substance is intended for a purpose
3 other than to cause an abortion does not constitute actual
4 knowledge.
5 (c) Unless a pharmacist or pharmacy has actual knowledge that
6 a prescription is intended for the purpose of causing an abortion,
7 a pharmacist or pharmacy is not subject to a criminal action
8 related to filling a prescription for a drug, medicine, or other
9 prescribed substance.
10 (d) Unless a pharmacist or pharmacy has actual knowledge that
11 a prescription is intended for the purpose of causing an abortion,
12 a pharmacist or pharmacy is immune from civil liability for
13 damages arising from filling a prescription for a drug, medicine, or
14 other prescribed substance.
15 SECTION 6. IC 25-26-19-8, AS AMENDED BY P.L.58-2014,
16 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 8. (a) A licensed pharmacy technician may not
18 perform the following activities:
19 (1) Providing advice or consultation with the prescribing
20 practitioner or other licensed health care provider regarding the
21 patient or the interpretation and application of information
22 contained in the prescription or drug order, medical record, or
23 patient profile.
24 (2) Providing advice or consultation with the patient regarding the
25 interpretation of the prescription or the application of information
26 contained in the patient profile or medical record.
27 (3) Dispensing prescription drug information to the patient.
28 (4) Final check on all aspects of the completed prescription and
29 assumption of the responsibility for the filled prescription,
30 including the appropriateness of the drug for the patient and the
31 accuracy of the:
32 (A) drug dispensed;
33 (B) strength of the drug dispensed; and
34 (C) labeling of the prescription.
35 (5) Receiving a new prescription drug order over the telephone or
36 electronically unless the original information is recorded so a
37 pharmacist may review the prescription drug order as transmitted.
38 (6) Any activity required by law to be performed only by a
39 pharmacist.
40 (7) Any activity that requires the clinical judgment of a
41 pharmacist and is prohibited by a rule adopted by the board.
42 (b) Notwithstanding subsection (a), a licensed pharmacy
2025 IN 145—LS 6516/DI 147 6
1 technician, who holds an active certification from the Pharmacy
2 Technician Certification Board or other nationally recognized
3 certification approved by the board, may perform any activity
4 delegated by a supervising pharmacist or pharmacist owner,
5 including those activities described in subsection (a)(4) and (a)(5),
6 if the activities:
7 (1) do not require the clinical judgment of a pharmacist;
8 (2) are not prohibited by a rule adopted by the board; or
9 (3) are not an activity required by law to be performed only
10 by a pharmacist.
11 (c) A technician who performs the activities permitted under
12 subsection (b) must be properly trained and competent to perform
13 the delegated task. The pharmacy must keep a record of the
14 technician's training and documentation to support the
15 technician's competency.
16 SECTION 7. IC 34-30-2.1-380.3 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
18 [EFFECTIVE JULY 1, 2025]: Sec. 380.3. IC 25-26-13-34
19 (Concerning filling a prescription).
2025 IN 145—LS 6516/DI 147