§ 16-19-4-11 — Standing order, prescription, or protocol; immunity

Indiana § 16-19-4-11

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 19: STATE DEPARTMENT OF HEALTH
• Ch. 4: State Health Commissioner

Text

(a) The state health commissioner or the
commissioner's designated public health authority who is a licensed
prescriber may, as part of the individual's official capacity, issue a
standing order, prescription, or protocol that allows a pharmacist to
administer or dispense any of the following:
(1) An immunization that is recommended by the federal Centers
for Disease Control and Prevention Advisory Committee on
Immunization Practices for individuals who are not less than
eleven (11) years of age.
(2) A smoking cessation product. However, the pharmacist must
inform the patient that the patient must have a follow-up
consultation with the patient's licensed prescriber.
(b) This subsection does not apply to a pharmacist. The state health
commissioner or the commissioner's designated public health authority
who is a licensed prescriber may, as part of the individual's official
capacity, issue a standing order, prescription, or protocol that allows an
individual who is licensed, certified, or registered by a board (as
defined in IC 25-1-9-1), and if within the individual's scope of practice,
to administer or dispense an immunization that is recommended by the
federal Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices for individuals who are not less
than eleven (11) years of age.
(c) A standing order described in subsection (a), (b), or (e) must
include the following:
(1) The purpose of the order.
(2) The eligible recipients.
(3) The geographic area covered by the standing order.
(4) The procedure for administering or dispensing the
immunization or product.
(5) A timeline for renewing or updating the standing order.
(d) The state health commissioner or designated public health
authority who issues a standing order, prescription, or protocol under
subsection (a), (b), or (e) is immune from civil liability related to the
issuing of the standing order, prescription, or protocol.
(e) Notwithstanding subsection (a) and subsection (b), the state
health commissioner or the commissioner's designated public health
authority may issue a standing order, prescription, or protocol to
administer or dispense an immunization that is recommended by the
federal Centers for Disease Control and Prevention Advisory
Committee on Immunization Practices for individuals who are at least
five (5) years of age. Nothing in this subsection authorizes the state
health commissioner or the commissioner's designated public health
authority to:
(1) require an individual to receive an immunization for
COVID-19; or
(2) waive or otherwise allow a minor to receive an immunization
without the consent of the parent or guardian as required under IC 16-36-1.
This subsection expires at the conclusion of the federal public health
emergency concerning COVID-19 that was renewed on October 15,
2021, or any subsequent renewal of the declared federal public health
emergency concerning COVID-19.

Legislative History

As added by P.L.96-2017, SEC.2. Amended by P.L.202-2017, SEC.1; P.L.218-2019, SEC.2; P.L.1-2022, SEC.4.