§ 16-42-27-2 — Prescribing or dispensing of overdose intervention drug without examination; requirements; administration of drug; exemption from practice of medicine; entities acting under standing order; statewide standing order; immunity from prosecution

Indiana § 16-42-27-2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 42: REGULATION OF FOOD, DRUGS, AND
• Ch. 27: Drugs: Overdose Intervention Drugs

Text

(a) A prescriber may, directly or by standing
order, prescribe or dispense an overdose intervention drug without
examining the individual to whom it may be administered if all of the
following conditions are met:
(1) The overdose intervention drug is dispensed or prescribed to:
(A) a person at risk of experiencing an opioid-related overdose;
or
(B) a family member, a friend, or any other individual or entity
in a position to assist an individual who, there is reason to
believe, is at risk of experiencing an opioid-related overdose.
(2) The prescriber instructs the individual receiving the overdose
intervention drug or prescription to summon emergency services
either immediately before or immediately after administering the
overdose intervention drug to an individual experiencing an
opioid-related overdose.
(3) The prescriber provides education and training on drug
overdose response and treatment, including the administration of
an overdose intervention drug.
(4) The prescriber provides drug addiction treatment information
and referrals to drug treatment programs, including programs in
the local area and programs that offer medication assisted
treatment that includes a federal Food and Drug Administration
approved long acting, nonaddictive medication for the treatment
of opioid or alcohol dependence.
(b) A prescriber may provide a prescription of an overdose
intervention drug to an individual as a part of the individual's addiction
treatment plan.
(c) An individual described in subsection (a)(1) may administer an
overdose intervention drug to an individual who is suffering from an
overdose.
(d) An individual described in subsection (a)(1) may not be
considered to be practicing medicine without a license in violation of
IC 25-22.5-8-2, if the individual, acting in good faith, does the
following:
(1) Obtains the overdose intervention drug from a prescriber or
entity acting under a standing order issued by a prescriber.
(2) Administers the overdose intervention drug to an individual
who is experiencing an apparent opioid-related overdose.
(3) Attempts to summon emergency services either immediately
before or immediately after administering the overdose
intervention drug.
(e) An entity acting under a standing order issued by a prescriber
must do the following:
(1) Annually register with either the:
(A) state department; or
(B) local health department in the county where services will be
provided by the entity;
in a manner prescribed by the state department.
(2) Provide education and training on drug overdose response and
treatment, including the administration of an overdose
intervention drug.
(3) Provide drug addiction treatment information and referrals to
drug treatment programs, including programs in the local area and
programs that offer medication assisted treatment that includes a
federal Food and Drug Administration approved long acting,
nonaddictive medication for the treatment of opioid or alcohol
dependence.
(4) Submit an annual report to the state department containing:
(A) the number of sales of the overdose intervention drug
dispensed;
(B) the dates of sale of the overdose intervention drug
dispensed; and
(C) any additional information requested by the state
department.
(f) The state department shall ensure that a statewide standing order
for the dispensing of an overdose intervention drug in Indiana is issued
under this section. The state health commissioner or a designated
public health authority who is a licensed prescriber may, as part of the
individual's official capacity, issue a statewide standing order that may
be used for the dispensing of an overdose intervention drug under this
section. A statewide standing order issued under this section must
allow for choice in the:
(1) purchasing;
(2) dispensing; and
(3) distributing;
of any formulation or dosage of a naloxone product that is approved by
the federal Food and Drug Administration. The immunity provided in
IC 34-13-3-3 applies to an individual described in this subsection.
(g) A law enforcement officer may not take an individual into
custody based solely on the commission of an offense described in
subsection (h), if the law enforcement officer, after making a
reasonable determination and considering the facts and surrounding
circumstances, reasonably believes that the individual:
(1) obtained the overdose intervention drug as described in
subsection (a)(1);
(2) complied with the provisions in subsection (d);
(3) administered an overdose intervention drug to an individual
who appeared to be experiencing an opioid-related overdose;
(4) provided:
(A) the individual's full name; and
(B) any other relevant information requested by the law
enforcement officer;
(5) remained at the scene with the individual who reasonably
appeared to be in need of medical assistance until emergency
medical assistance arrived;
(6) cooperated with emergency medical assistance personnel and
law enforcement officers at the scene; and
(7) came into contact with law enforcement because the
individual requested emergency medical assistance for another
individual who appeared to be experiencing an opioid-related
overdose.
(h) An individual who meets the criteria in subsection (g) is immune
from criminal prosecution for the following:
(1) IC 35-48-4-6 (possession of cocaine).
(2) IC 35-48-4-6.1 (possession of methamphetamine).
(3) IC 35-48-4-7 (possession of a controlled substance).
(4) IC 35-48-4-8.3 (possession of paraphernalia).
(5) IC 35-48-4-11 (possession of marijuana).
(6) An offense under IC 35-48-4 involving possession of a
synthetic drug (as defined in IC 35-31.5-2-321), possession of a
controlled substance analog (as defined in IC 35-48-1.1-8), or
possession of a substance represented to be a controlled substance
(as described in IC 35-48-4-4.6).

Legislative History

As added by P.L.32-2015, SEC.7. Amended by P.L.6-2016, SEC.6; P.L.80-2019, SEC.5; P.L.36-2023, SEC.1; P.L.186-2025, SEC.113.