Indiana 2025 Regular Session

Indiana Senate Bill SB0383 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 383
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 12-15-5-14; IC 16-41-6-1; IC 25-1-9-6.8;
7	7	IC 25-23-1; IC 34-30-2.1-374; IC 35-48-3-11.
8	8	Synopsis: Advanced practice registered nurses. Removes the
9	9	requirement that an advanced practice registered nurse (APRN) have
10	10	a practice agreement with a collaborating physician. Removes a
11	11	provision requiring an APRN to operate under a collaborative practice
12	12	agreement or the privileges granted by a hospital governing board.
13	13	Removes certain provisions concerning the audit of practice
14	14	agreements. Allows an APRN with prescriptive authority to prescribe
15	15	a schedule II controlled substance for weight reduction or to control
16	16	obesity. Makes conforming changes.
17	17	Effective: July 1, 2025.
18	18	Goode
19	19	January 13, 2025, read first time and referred to Committee on Health and Provider
20	20	Services.
21	21	2025 IN 383—LS 7151/DI 148 Introduced
22	22	First Regular Session of the 124th General Assembly (2025)
23	23	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
24	24	Constitution) is being amended, the text of the existing provision will appear in this style type,
25	25	additions will appear in this style type, and deletions will appear in this style type.
26	26	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
27	27	provision adopted), the text of the new provision will appear in this style type. Also, the
28	28	word NEW will appear in that style type in the introductory clause of each SECTION that adds
29	29	a new provision to the Indiana Code or the Indiana Constitution.
30	30	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
31	31	between statutes enacted by the 2024 Regular Session of the General Assembly.
32	32	SENATE BILL No. 383
33	33	A BILL FOR AN ACT to amend the Indiana Code concerning
34	34	professions and occupations.
35	35	Be it enacted by the General Assembly of the State of Indiana:
36	36	1 SECTION 1. IC 12-15-5-14, AS AMENDED BY P.L.129-2018,
37	37	2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38	38	3 JULY 1, 2025]: Sec. 14. (a) As used in this section, "advanced practice
39	39	4 registered nurse" means:
40	40	5 (1) a nurse practitioner; or
41	41	6 (2) a clinical nurse specialist;
42	42	7 who is a registered nurse licensed under IC 25-23 and qualified to
43	43	8 practice nursing in a specialty role based upon the additional
44	44	9 knowledge and skill gained through a formal organized program of
45	45	10 study and clinical experience, or the equivalent as determined by the
46	46	11 Indiana state board of nursing.
47	47	12 (b) As used in this section, "office" includes the following:
48	48	13 (1) The office of the secretary of family and social services.
49	49	14 (2) A managed care organization that has contracted with the
50	50	15 office of Medicaid policy and planning under this article.
51	51	16 (3) A person that has contracted with a managed care organization
52	52	17 described in subdivision (2).
53	53	2025 IN 383—LS 7151/DI 148 2
54	54	1 (c) The office shall reimburse eligible Medicaid claims for the
55	55	2 following services provided by an advanced practice registered nurse
56	56	3 employed by a community mental health center if the services are part
57	57	4 of the advanced practice registered nurse's scope of practice:
58	58	5 (1) Mental health services.
59	59	6 (2) Behavioral health services.
60	60	7 (3) Substance abuse treatment.
61	61	8 (4) Primary care services.
62	62	9 (5) Evaluation and management services for inpatient or
63	63	10 outpatient psychiatric treatment.
64	64	11 (6) Prescription drugs.
65	65	12 (d) The office shall include an advanced practice registered nurse
66	66	13 as an eligible provider for the supervision of a plan of treatment for a
67	67	14 patient's outpatient mental health or substance abuse treatment
68	68	15 services, if the supervision is in the advanced practice registered
69	69	16 nurse's scope of practice, education, and training.
70	70	17 (e) This section
71	71	18 (1) may not be construed to expand an advanced practice
72	72	19 registered nurse's scope of practice. and
73	73	20 (2) is subject to IC 25-23-1-19.4(c) and applies only if the service
74	74	21 is included in the advanced practice registered nurse's practice
75	75	22 agreement with a collaborating physician.
76	76	23 SECTION 2. IC 16-41-6-1, AS AMENDED BY P.L.112-2020,
77	77	24 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
78	78	25 JULY 1, 2025]: Sec. 1. (a) As used in this section, "physician's
79	79	26 authorized representative" means an individual acting under the
80	80	27 supervision of a licensed physician and within the individual's
81	81	28 scope of employment.
82	82	29 (1) an advanced practice registered nurse (as defined by
83	83	30 IC 25-23-1-1(b)) who is operating in collaboration with a licensed
84	84	31 physician; or
85	85	32 (2) an individual acting under the supervision of a licensed
86	86	33 physician and within the individual's scope of employment.
87	87	34 (b) A physician, an advanced practice registered nurse, or the
88	88	35 physician's authorized representative shall not order an HIV test on an
89	89	36 individual under the care of a physician unless the physician, the
90	90	37 advanced practice registered nurse, or the physician's authorized
91	91	38 representative does the following:
92	92	39 (1) Informs the patient of the test, orally or in writing.
93	93	40 (2) Provides the patient with an explanation of the test orally, in
94	94	41 writing, by video, or by a combination of these methods.
95	95	42 (3) Informs the patient of the patient's right to ask questions and
96	96	2025 IN 383—LS 7151/DI 148 3
97	97	1 to refuse the test.
98	98	2 Subject to subsection (e), if the patient refuses the test, the physician,
99	99	3 the advanced practice registered nurse, or the physician's authorized
100	100	4 representative may not perform the test and shall document the patient's
101	101	5 refusal in the patient's medical record.
102	102	6 (c) Unless it is clearly not feasible, the information delivered to the
103	103	7 patient who is to be tested under subsection (b) must be provided in the
104	104	8 native language or other communication used by the patient. If the
105	105	9 patient is unable to read written materials, the materials must be
106	106	10 translated or read to the patient in a language the patient understands.
107	107	11 (d) After ordering an HIV test for a patient, the physician, the
108	108	12 advanced practice registered nurse, or the physician's authorized
109	109	13 representative shall notify the patient of the test results and the
110	110	14 availability of HIV and other bloodborne disease prevention
111	111	15 counseling. If a test conducted under this section indicates that a
112	112	16 patient is HIV positive, in addition to the requirements set forth in
113	113	17 IC 16-41-2, the physician, the advanced practice registered nurse,
114	114	18 or the physician's authorized representative shall inform the patient of
115	115	19 the availability of counseling and of the treatment and referral options
116	116	20 available to the patient.
117	117	21 (e) A physician, an advanced practice registered nurse, or a
118	118	22 physician's authorized representative may order an HIV test to be
119	119	23 performed without informing the patient or the patient's representative
120	120	24 (as defined in IC 16-36-1-2) of the test or regardless of the patient's or
121	121	25 the patient's representative's refusal of the HIV test if any of the
122	122	26 following conditions apply:
123	123	27 (1) If ordered by a physician or an advanced practice registered
124	124	28 nurse, consent can be implied due to emergency circumstances
125	125	29 and the test is medically necessary to diagnose or treat the
126	126	30 patient's emergent condition.
127	127	31 (2) Under a court order based on clear and convincing evidence
128	128	32 of a serious and present health threat to others posed by an
129	129	33 individual. A patient shall be notified of the patient's right to:
130	130	34 (A) a hearing; and
131	131	35 (B) counsel;
132	132	36 before a hearing is held under this subdivision. Any hearing
133	133	37 conducted under this subdivision shall be held in camera at the
134	134	38 request of the individual.
135	135	39 (3) If the test is done on blood collected or tested anonymously as
136	136	40 part of an epidemiologic survey under IC 16-41-2-3 or
137	137	41 IC 16-41-17-10(a)(5).
138	138	42 (4) The test is ordered under section 4 of this chapter.
139	139	2025 IN 383—LS 7151/DI 148 4
140	140	1 (5) The test is required or authorized under IC 11-10-3-2.5.
141	141	2 (6) The individual upon whom the test will be performed is
142	142	3 described in IC 16-41-8-6 or IC 16-41-10-2.5.
143	143	4 (7) A court has ordered the individual to undergo testing for HIV
144	144	5 under IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(17).
145	145	6 (f) The state department shall make HIV testing and treatment
146	146	7 information from the federal Centers for Disease Control and
147	147	8 Prevention available to health care providers.
148	148	9 (g) The state department may adopt rules under IC 4-22-2 necessary
149	149	10 to implement this section.
150	150	11 SECTION 3. IC 25-1-9-6.8, AS AMENDED BY P.L.129-2018,
151	151	12 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
152	152	13 JULY 1, 2025]: Sec. 6.8. (a) This section applies to a practitioner who
153	153	14 is:
154	154	15 (1) licensed to practice medicine or osteopathic medicine under
155	155	16 IC 25-22.5; or
156	156	17 (2) an advanced practice registered nurse granted prescriptive
157	157	18 authority under IC 25-23. and whose practice agreement with a
158	158	19 collaborating physician reflects the conditions specified in
159	159	20 subsection (b).
160	160	21 (b) Before prescribing a stimulant medication for a child for the
161	161	22 treatment of attention deficit disorder or attention deficit hyperactivity
162	162	23 disorder, a practitioner described in subsection (a) shall follow the most
163	163	24 recent guidelines adopted by the American Academy of Pediatrics or
164	164	25 the American Academy of Child and Adolescent Psychiatry for the
165	165	26 diagnosis and evaluation of a child with attention deficit disorder or
166	166	27 attention deficit hyperactivity disorder.
167	167	28 SECTION 4. IC 25-23-1-1, AS AMENDED BY P.L.129-2018,
168	168	29 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
169	169	30 JULY 1, 2025]: Sec. 1. As used in this chapter:
170	170	31 (a) "Board" means the Indiana state board of nursing.
171	171	32 (b) "Advanced practice registered nurse" means:
172	172	33 (1) a nurse practitioner;
173	173	34 (2) a certified nurse midwife;
174	174	35 (3) a clinical nurse specialist; or
175	175	36 (4) a certified registered nurse anesthetist;
176	176	37 who is a registered nurse qualified to practice nursing in a specialty
177	177	38 role based upon the additional knowledge and skill gained through a
178	178	39 formal organized program of study and clinical experience, or the
179	179	40 equivalent as determined by the board, which does not limit but
180	180	41 extends or expands the function of the nurse which may be initiated by
181	181	42 the client or provider. in settings that shall include hospital outpatient
182	182	2025 IN 383—LS 7151/DI 148 5
183	183	1 clinics and health maintenance organizations. Notwithstanding any
184	184	2 other law, this subsection does not add to the powers and duties or
185	185	3 scope of practice of certified registered nurse anesthetists as described
186	186	4 in section 30 of this chapter.
187	187	5 (c) "Human response" means those signs, symptoms, behaviors, and
188	188	6 processes that denote the individual's interaction with the environment.
189	189	7 SECTION 5. IC 25-23-1-7, AS AMENDED BY P.L.69-2022,
190	190	8 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
191	191	9 JULY 1, 2025]: Sec. 7. (a) The board shall do the following:
192	192	10 (1) Adopt under IC 4-22-2 rules necessary to enable it to carry
193	193	11 into effect this chapter.
194	194	12 (2) Prescribe standards and approve curricula for nursing
195	195	13 education programs preparing persons for licensure under this
196	196	14 chapter.
197	197	15 (3) Provide for surveys of such programs at such times as it
198	198	16 considers necessary.
199	199	17 (4) Accredit such programs as meet the requirements of this
200	200	18 chapter and of the board.
201	201	19 (5) Deny or withdraw accreditation from nursing education
202	202	20 programs for failure to meet prescribed curricula or other
203	203	21 standards.
204	204	22 (6) Examine, license, and renew the license of qualified
205	205	23 applicants.
206	206	24 (7) Issue subpoenas, compel the attendance of witnesses, and
207	207	25 administer oaths to persons giving testimony at hearings.
208	208	26 (8) Cause the prosecution of all persons violating this chapter and
209	209	27 have power to incur necessary expenses for these prosecutions.
210	210	28 (9) Adopt rules under IC 4-22-2 that do the following:
211	211	29 (A) Prescribe standards for the competent practice of
212	212	30 registered, practical, and advanced practice registered nursing.
213	213	31 (B) Establish with the approval of the medical licensing board
214	214	32 created by IC 25-22.5-2-1 requirements that advanced practice
215	215	33 registered nurses must meet to be granted authority to
216	216	34 prescribe legend drugs and to retain that authority.
217	217	35 (C) Establish, with the approval of the medical licensing board
218	218	36 created by IC 25-22.5-2-1, requirements for the renewal of a
219	219	37 practice agreement under section 19.4 of this chapter, which
220	220	38 shall expire on October 31 in each odd-numbered year.
221	221	39 (10) Keep a record of all its proceedings.
222	222	40 (11) Collect and distribute annually demographic information on
223	223	41 the number and type of registered nurses and licensed practical
224	224	42 nurses employed in Indiana.
225	225	2025 IN 383—LS 7151/DI 148 6
226	226	1 (12) Adopt rules and administer the interstate nurse licensure
227	227	2 compact under IC 25-42.
228	228	3 (13) Adopt or amend rules to implement the nursing licensure by
229	229	4 endorsement available for foreign nursing school graduates under
230	230	5 sections 11 and 12 of this chapter.
231	231	6 (14) Establish an audit procedure, which may include
232	232	7 requiring an advanced practice registered nurse to provide
233	233	8 the licensing agency with verification of:
234	234	9 (A) national certification or its equivalency; or
235	235	10 (B) completion of a continuing education course that the
236	236	11 advanced practice registered nurse attended during the
237	237	12 previous two (2) years.
238	238	13 (b) The board may do the following:
239	239	14 (1) Create ad hoc subcommittees representing the various nursing
240	240	15 specialties and interests of the profession of nursing. Persons
241	241	16 appointed to a subcommittee serve for terms as determined by the
242	242	17 board.
243	243	18 (2) Utilize the appropriate subcommittees so as to assist the board
244	244	19 with its responsibilities. The assistance provided by the
245	245	20 subcommittees may include the following:
246	246	21 (A) Recommendation of rules necessary to carry out the duties
247	247	22 of the board.
248	248	23 (B) Recommendations concerning educational programs and
249	249	24 requirements.
250	250	25 (C) Recommendations regarding examinations and licensure
251	251	26 of applicants.
252	252	27 (3) Appoint nurses to serve on each of the ad hoc subcommittees.
253	253	28 (c) Nurses appointed under subsection (b) must:
254	254	29 (1) be committed to advancing and safeguarding the nursing
255	255	30 profession as a whole; and
256	256	31 (2) represent nurses who practice in the field directly affected by
257	257	32 a subcommittee's actions.
258	258	33 SECTION 6. IC 25-23-1-19.4, AS AMENDED BY P.L.127-2020,
259	259	34 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
260	260	35 JULY 1, 2025]: Sec. 19.4. (a) This section does not apply to certified
261	261	36 registered nurse anesthetists.
262	262	37 (b) As used in this section, "practitioner" has the meaning set forth
263	263	38 in IC 16-42-19-5. However, the term does not include the following:
264	264	39 (1) A veterinarian.
265	265	40 (2) An advanced practice registered nurse.
266	266	41 (3) A physician assistant.
267	267	42 (c) An advanced practice registered nurse shall operate:
268	268	2025 IN 383—LS 7151/DI 148 7
269	269	1 (1) in collaboration with a licensed practitioner as evidenced by
270	270	2 a practice agreement;
271	271	3 (2) by privileges granted by the governing board of a hospital
272	272	4 licensed under IC 16-21 with the advice of the medical staff of the
273	273	5 hospital that sets forth the manner in which an advanced practice
274	274	6 registered nurse and a licensed practitioner will cooperate,
275	275	7 coordinate, and consult with each other in the provision of health
276	276	8 care to their patients; or
277	277	9 (3) by privileges granted by the governing body of a hospital
278	278	10 operated under IC 12-24-1 that sets forth the manner in which an
279	279	11 advanced practice registered nurse and a licensed practitioner will
280	280	12 cooperate, coordinate, and consult with each other in the
281	281	13 provision of health care to their patients.
282	282	14 (d) (b) This subsection applies for purposes of the Medicaid
283	283	15 program to an advanced practice registered nurse who:
284	284	16 (1) is licensed pursuant to IC 25-23-1-19.5; section 19.5 of this
285	285	17 chapter; and
286	286	18 (2) has been educated and trained to work with patients with
287	287	19 addiction and mental health needs.
288	288	20 An advanced practice registered nurse who meets the requirements of
289	289	21 this subsection has all of the supervisory rights and responsibilities,
290	290	22 including prior authorization, that are available to a licensed physician
291	291	23 or a health service provider in psychology (HSPP) operating in a
292	292	24 community mental health center certified under IC 12-21-2-3(5)(C).
293	293	25 (e) (c) Before January 1, 2021, the office of the secretary shall apply
294	294	26 to the United States Department of Health and Human Services for any
295	295	27 state plan amendment necessary to implement subsection (d). (b).
296	296	28 SECTION 7. IC 25-23-1-19.6, AS AMENDED BY P.L.28-2019,
297	297	29 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
298	298	30 JULY 1, 2025]: Sec. 19.6. (a) When the board grants authority to an
299	299	31 advanced practice registered nurse to prescribe legend drugs under this
300	300	32 chapter, the board shall assign an identification number to the
301	301	33 advanced practice registered nurse.
302	302	34 (b) An advanced practice registered nurse who is granted authority
303	303	35 by the board to prescribe legend drugs must do the following:
304	304	36 (1) Enter on each prescription form that the advanced practice
305	305	37 registered nurse uses to prescribe a legend drug:
306	306	38 (A) the signature of the advanced practice registered nurse;
307	307	39 (B) initials indicating the credentials awarded to the advanced
308	308	40 practice registered nurse under this chapter; and
309	309	41 (C) the identification number assigned to the advanced
310	310	42 practice registered nurse under subsection (a).
311	311	2025 IN 383—LS 7151/DI 148 8
312	312	1 (2) Transmit the prescription in an electronic format for an
313	313	2 electronically transmitted prescription.
314	314	3 (3) Comply with all applicable state and federal laws concerning
315	315	4 prescriptions for legend drugs, including the requirement to issue
316	316	5 electronically transmitted prescriptions under IC 25-1-9.3.
317	317	6 (c) An advanced practice registered nurse may be granted authority
318	318	7 to prescribe legend drugs under this chapter only within the scope of
319	319	8 practice of the advanced practice registered nurse. and the scope of the
320	320	9 licensed collaborating health practitioner.
321	321	10 SECTION 8. IC 25-23-1-19.8 IS REPEALED [EFFECTIVE JULY
322	322	11 1, 2025]. Sec. 19.8. (a) Before December 31 of an even-numbered year,
323	323	12 the Indiana professional licensing agency or the agency's designee shall
324	324	13 randomly audit at least one percent (1%) but not more than ten percent
325	325	14 (10%) of the practice agreements of advanced practice registered
326	326	15 nurses with authority to prescribe legend drugs under section 19.5 of
327	327	16 this chapter to determine whether the practice agreement meets the
328	328	17 requirements of this chapter or rules adopted by the board.
329	329	18 (b) The Indiana professional licensing agency shall establish an
330	330	19 audit procedure, which may include the following:
331	331	20 (1) Requiring the advanced practice registered nurse to provide
332	332	21 the agency with a copy of verification of attendance at or
333	333	22 completion of a continuing education course or program the
334	334	23 advanced practice registered nurse attended during the previous
335	335	24 two (2) years.
336	336	25 (2) Requiring the advanced practice registered nurse and the
337	337	26 licensed practitioner who have entered into a practice agreement
338	338	27 to submit information on a form prescribed by the agency that
339	339	28 must include a sworn statement signed by the advanced practice
340	340	29 registered nurse and the licensed practitioner that the parties are
341	341	30 operating within the terms of the practice agreement and the
342	342	31 requirements under this chapter or rules adopted by the board.
343	343	32 (3) Reviewing patient health records and other patient information
344	344	33 at the practice location or by requiring the submission of accurate
345	345	34 copies to determine if the parties are operating within the terms
346	346	35 of the practice agreement and the requirements under this chapter
347	347	36 or rules adopted by the board.
348	348	37 (4) After a reasonable determination that the advanced practice
349	349	38 registered nurse and the licensed practitioner who have entered
350	350	39 into a practice agreement are not operating within the terms of the
351	351	40 practice agreement, requiring the parties to appear before the
352	352	41 agency or the agency's designee to provide evidence of
353	353	42 compliance with the practice agreement.
354	354	2025 IN 383—LS 7151/DI 148 9
355	355	1 (c) Not more than sixty (60) days after the completion of the audit
356	356	2 required in subsection (a), the Indiana professional licensing agency
357	357	3 shall provide the board with the following:
358	358	4 (1) A summary of the information obtained in the audit.
359	359	5 (2) A statement regarding whether an advanced practice
360	360	6 registered nurse and a licensed practitioner who have entered into
361	361	7 a practice agreement that is audited under subsection (a) are
362	362	8 operating within the terms of the practice agreement.
363	363	9 The agency shall also provide a copy of the information described in
364	364	10 this subsection to the board that regulates the licensed practitioner.
365	365	11 (d) The Indiana professional licensing agency may cause to be
366	366	12 served upon the advanced practice registered nurse an order to show
367	367	13 cause to the board as to why the board should not impose disciplinary
368	368	14 sanctions under IC 25-1-9-9 on the advanced practice registered nurse
369	369	15 for the advanced practice registered nurse's failure to comply with:
370	370	16 (1) an audit conducted under this section; or
371	371	17 (2) the requirements of a practice agreement under this chapter.
372	372	18 (e) Except for a violation concerning continuing education
373	373	19 requirements under IC 25-1-4, the board shall hold a hearing in
374	374	20 accordance with IC 4-21.5 and state the date, time, and location of the
375	375	21 hearing in the order served under subsection (d).
376	376	22 (f) The board that regulates the licensed practitioner may cause to
377	377	23 be served upon the licensed practitioner an order to show cause to the
378	378	24 board as to why the board should not impose disciplinary sanctions
379	379	25 under IC 25-1-9-9 on the licensed practitioner for the licensed
380	380	26 practitioner's failure to comply with:
381	381	27 (1) an audit conducted under this section; or
382	382	28 (2) the requirements of a practice agreement under this chapter.
383	383	29 (g) The board that regulates the licensed practitioner shall hold a
384	384	30 hearing in accordance with IC 4-21.5 and state the date, time, and
385	385	31 location of the hearing in the order served under subsection (f).
386	386	32 (h) An order to show cause issued under this section must comply
387	387	33 with the notice requirements of IC 4-21.5.
388	388	34 (i) The licensed practitioner may divulge health records and other
389	389	35 patient information to the Indiana professional licensing agency or the
390	390	36 agency's designee. The licensed practitioner is immune from civil
391	391	37 liability for any action based upon release of the patient information
392	392	38 under this section.
393	393	39 SECTION 9. IC 34-30-2.1-374 IS REPEALED [EFFECTIVE JULY
394	394	40 1, 2025]. Sec. 374. IC 25-23-1-19.8(i) (Concerning licensed
395	395	41 practitioners who release health records and patient information to the
396	396	42 Indiana professional licensing agency).
397	397	2025 IN 383—LS 7151/DI 148 10
398	398	1 SECTION 10. IC 35-48-3-11, AS AMENDED BY P.L.129-2018,
399	399	2 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
400	400	3 JULY 1, 2025]: Sec. 11. (a) Only a physician licensed under
401	401	4 IC 25-22.5, a physician assistant licensed under IC 25-27.5, or an
402	402	5 advanced practice registered nurse licensed under IC 25-23 with
403	403	6 prescriptive authority may treat a patient with a Schedule III or
404	404	7 Schedule IV controlled substance for the purpose of weight reduction
405	405	8 or to control obesity.
406	406	9 (b) A physician licensed under IC 25-22.5, a physician assistant
407	407	10 licensed under IC 25-27.5, or an advanced practice registered nurse
408	408	11 licensed under IC 25-23 with prescriptive authority may not prescribe,
409	409	12 dispense, administer, supply, sell, or give any amphetamine,
410	410	13 sympathomimetic amine drug, or compound designated as a Schedule
411	411	14 III or Schedule IV controlled substance under IC 35-48-2-8 and
412	412	15 IC 35-48-2-10 for a patient for purposes of weight reduction or to
413	413	16 control obesity, unless the physician, physician assistant, or advanced
414	414	17 practice registered nurse does the following:
415	415	18 (1) Determines:
416	416	19 (A) through review of:
417	417	20 (i) the physician's records of prior treatment of the patient;
418	418	21 or
419	419	22 (ii) the records of prior treatment of the patient provided by
420	420	23 a previous treating physician practitioner or weight loss
421	421	24 program;
422	422	25 that the physician's patient has made a reasonable effort to lose
423	423	26 weight in a treatment program using a regimen of weight
424	424	27 reduction based on caloric restriction, nutritional counseling,
425	425	28 behavior modification, and exercise without using controlled
426	426	29 substances; and
427	427	30 (B) that the treatment described in clause (A) has been
428	428	31 ineffective for the physician's patient.
429	429	32 (2) Obtains a thorough history and performs a thorough physical
430	430	33 examination of the physician's patient before initiating a treatment
431	431	34 plan using a Schedule III or Schedule IV controlled substance for
432	432	35 purposes of weight reduction or to control obesity.
433	433	36 (c) A physician licensed under IC 25-22.5, a physician assistant
434	434	37 licensed under IC 25-27.5, or an advanced practice registered nurse
435	435	38 licensed under IC 25-23 with prescriptive authority may not begin and
436	436	39 shall discontinue using a Schedule III or Schedule IV controlled
437	437	40 substance for purposes of weight reduction or to control obesity after
438	438	41 the physician, physician assistant, or advanced practice registered nurse
439	439	42 determines in the physician's, physician assistant's, or advanced
440	440	2025 IN 383—LS 7151/DI 148 11
441	441	1 practice registered nurse's professional judgment that:
442	442	2 (1) the physician's patient has failed to lose weight using a
443	443	3 treatment plan involving the controlled substance;
444	444	4 (2) the controlled substance has provided a decreasing
445	445	5 contribution toward further weight loss for the patient unless
446	446	6 continuing to take the controlled substance is medically necessary
447	447	7 or appropriate for maintenance therapy;
448	448	8 (3) the physician's patient:
449	449	9 (A) has a history of; or
450	450	10 (B) shows a propensity for;
451	451	11 alcohol or drug abuse; or
452	452	12 (4) the physician's patient has consumed or disposed of a
453	453	13 controlled substance in a manner that does not strictly comply
454	454	14 with a treating physician's, physician assistant's, or advanced
455	455	15 practice registered nurse's direction.
456	456	16 (d) A physician assistant licensed under IC 25-27.5 or an advanced
457	457	17 practice registered nurse licensed under IC 25-23 with prescriptive
458	458	18 authority may not prescribe a schedule II controlled substance for the
459	459	19 purpose of weight reduction or to control obesity.
460	460	2025 IN 383—LS 7151/DI 148