LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 6516 NOTE PREPARED: Dec 10, 2024
BILL NUMBER: SB 145 BILL AMENDED:
SUBJECT: Pharmacy Matters.
FIRST AUTHOR: Sen. Busch BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: State Health Commissioner Standing Orders– The bill 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.
Pharmacy Matters– The bill allows a pharmacist to order tests that are waived under the federal Clinical
Laboratory Improvement Amendments (CLIA) or established under a standing order. The bill 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. The bill 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.
Civil and Criminal Immunity– The bill provides civil and criminal immunity for a pharmacist related to
filling a prescription for a drug, medicine, or other prescribed substance. It also establishes exceptions.
Effective Date: July 1, 2025.
Explanation of State Expenditures: State Health Commissioner Standing Orders– The State Health
Commissioner would likely be able to issue standing orders as a routine matter of business within the Indiana
Department of Health’s (IDOH) existing staffing levels. [The IDOH’s administrative expenditures are
currently paid from the Tobacco Master Settlement Fund, a dedicated fund.]
Pharmacy Matters– The Professional Licensing Agency (PLA) may need to update rules and/or notify
pharmacists of the new procedures the bill creates. This is within the PLA’s routine administrative functions
and should be able to be implemented using existing agency staffing and resources. Any need for the
Pharmacy Board to contribute to rules making would likely be able to be accomplished within regularly
scheduled meetings of the Board during FY 2026.
SB 145 1 Explanation of State Revenues: Civil and Criminal Immunity– If fewer actions or criminal proceedings
occur as a result of this provision, state General Fund and dedicated fund revenues would decline from a
reduction in court fees and fines. However, any reduction would likely be small.
Additional Information–
Civil Court Fees– Civil court fee revenue is placed in the state General Fund. Total revenue per case ranges
between $100 and $122. The amount deposited will vary depending on whether the case is filed in a court
of record or a municipal court. The following linked document describes the fees and distribution of the
revenue: Court fees imposed in civil, probate, and small claims cases.
Criminal Court Fees and Fines– When criminal court cases occur, revenue is deposited into the Common
School Fund (from criminal fines, when collected) and the state General Fund (from court fees). Total fee
revenue per case ranges between $113 and $138. The amount of court fees deposited will vary depending
on whether the case is filed in a court of record or a municipal court. The following linked document
describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil
violation cases.
Explanation of Local Expenditures: Civil and Criminal Immunity– If fewer defendants are detained in
county jails, local expenditures for jail operations may decrease. However, any reduction in expenditures
would likely be small.
Explanation of Local Revenues: Civil and Criminal Immunity– If fewer court actions occur, local
governments would receive less revenue from court fees. However, any reduction would likely be small.
Additional Information:
Civil Court Fees– When a civil case is filed in a court of record, the county will receive $32 and qualifying
municipalities will receive a share of $3. If the case is filed in a municipal court, the county receives $20,
and the municipality will receive $37. The following linked document describes the fees and distribution of
the revenue: Court fees imposed in civil, probate, and small claims cases.
Criminal Court Fees and Fines– When a criminal case is filed in a court of record, the county general fund
will receive $47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a
municipal court, the county receives $30, and the municipality will receive $46. The following linked
document describes the fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and
civil violation cases.
State Agencies Affected: Professional Licensing Agency; Department of Correction; Pharmacy Board;
Indiana Department of Health.
Local Agencies Affected: Trial courts, city and town courts.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual.
Fiscal Analyst: Chris Baker, 317-232-9851.
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