Ind. Code ch. 16-41-43

Ind. Code ch. 16-41-43
in effect

Ind. Code § 16-41-43-1 Application of chapter

Sec. 1. This chapter does not apply to the use of emergency medication (as defined in IC 20-34-4.5-0.2) at a school or school corporation governed by IC 20-34-4.5. As added by P.L.59-2015, SEC.2. Amended by P.L.117-2017, SEC.1.

Ind. Code § 16-41-43-2 "Entity"

Sec. 2. As used in this chapter, "entity" means any business, association, or governmental entity. The term includes any branch location of the entity. As added by P.L.59-2015, SEC.2.

Ind. Code § 16-41-43-2.3 Dispensing and administration of epinephrine; statewide standing order

Sec. 2.3. (a) A pharmacist may, by standing order, dispense epinephrine without examining the individual to whom it may be administered if all of the following conditions are met: (1) The epinephrine is dispensed to a person who: (A) presents a certificate of completion issued under section 2.5(c) of this chapter to the pharmacist before the epinephrine is dispensed; and (B) is an individual who is or may be in a position to assist an individual who is at risk of experiencing anaphylaxis. (2) The pharmacist provides instruction concerning how to properly administer epinephrine from the specific device being dispensed at the time of the device's dispensing. (3) The pharmacist instructs the individual receiving the epinephrine to summon emergency medical services either immediately before or immediately after administering the epinephrine to an individual experiencing anaphylaxis. (b) A person wishing to receive epinephrine by standing order must do the following: (1) Successfully complete the course described in section 2.5(a) of this chapter. (2) Present a certificate of completion issued under section 2.5(c) of this chapter to a pharmacist at the time the epinephrine is requested. (c) An individual described in subsection (a)(1) may administer epinephrine to an individual that the person reasonably believes is experiencing anaphylaxis. (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: (1) obtains epinephrine from a pharmacist by standing order; (2) administers epinephrine to an individual that the person reasonably believes is experiencing anaphylaxis in a manner that is consistent with: (A) the training provided during the course described in section 2.5(a) of this chapter; or (B) the instruction provided to the person by a pharmacist at the time the epinephrine was dispensed; and (3) attempts to summon emergency medical services either immediately before or immediately after administering the epinephrine. (e) The state department shall ensure that a statewide standing order for the dispensing of epinephrine in Indiana is issued under this section. The state health commissioner may, as part of the individual's official capacity, issue a statewide standing order that may be used for the dispensing of epinephrine under this section. The immunity provided in IC 34-13-3-3 applies to an individual described in this subsection. As added by P.L.114-2020, SEC.4. Amended by P.L.96-2026, SEC.42.

Ind. Code § 16-41-43-2.5 Department approval of courses on epinephrine; certificate of completion; rules

Sec. 2.5. (a) The state department shall approve courses concerning allergies and the administration of epinephrine that meet criteria established by the state department. (b) The state department shall do the following: (1) Publish and maintain, on its website, the following: (A) The criteria established by the state department under subsection (a). (B) A list of all approved courses. (2) Prescribe the certification process for the course described in subsection (a). (3) Revoke the approval of a course if it does not comply with the criteria specified by the state department. (c) A person who successfully completes a certified course shall receive a certificate of completion issued by the entity providing the course. (d) A certificate of completion issued under subsection (c) must: (1) have dimensions that permit the certificate of completion to be carried in a wallet; and (2) display the following information: (A) The first and last name of the person. (B) The first and last name of the course instructor. (C) The name of the entity responsible for providing the course, if applicable. (D) The date the course described in subsection (a) was completed. (E) Any other information required by the state department. (e) The state department may adopt rules under IC 4-22-2 to implement this section. As added by P.L.114-2020, SEC.5. Amended by P.L.93-2024, SEC.135; P.L.171-2025, SEC.15; P.L.96-2026, SEC.43.

Ind. Code § 16-41-43-3 Prescription for epinephrine; storage

Sec. 3. (a) An entity may fill a prescription for epinephrine and store the epinephrine on the premises of the entity if a health care provider who is licensed in Indiana and whose scope of practice includes the prescribing of medication writes or electronically transmits the prescription for epinephrine for the entity. (b) The entity shall store the epinephrine in a safe location in which only the entity's personnel or agents have access. As added by P.L.59-2015, SEC.2. Amended by P.L.28-2019, SEC.1; P.L.96-2026, SEC.44.

Ind. Code § 16-41-43-3.5 Expiration date requirement

Sec. 3.5. Epinephrine that is filled and used in accordance with this chapter must have an expiration date of not less than twelve (12) months from the date that the pharmacy dispenses the epinephrine to the entity or person, as applicable. As added by P.L.117-2017, SEC.2. Amended by P.L.114-2020, SEC.6; P.L.96-2026, SEC.45.

Ind. Code § 16-41-43-4 Administration of epinephrine; employees and agents; training

Sec. 4. (a) A nurse employed by an entity may administer epinephrine obtained under section 3 of this chapter to any of the following individuals if the individual is demonstrating signs or symptoms of life threatening anaphylaxis and the individual does not have epinephrine at the entity or the individual's prescription is not available: (1) Employees or agents of the entity. (2) Visitors at the entity. (b) An entity's employees and agents may administer epinephrine obtained under section 3 of this chapter if the following are met: (1) The entity employee or agent has voluntarily received training in: (A) recognizing anaphylaxis; and (B) the proper administration of epinephrine; by a health care provider who is licensed or certified in Indiana, for whom the administration of epinephrine is within the health care provider's scope of practice, who has received training in the administration of epinephrine, and who is knowledgeable in recognizing the symptoms of anaphylaxis and the administration of epinephrine. (2) The individual to whom the epinephrine is being administered is: (A) an employee or agent of the entity; or (B) a visitor at the entity. As added by P.L.59-2015, SEC.2. Amended by P.L.96-2026, SEC.46.

Ind. Code § 16-41-43-5 Prescribing of epinephrine; dispensing

Sec. 5. (a) A health care provider who is licensed in Indiana and whose scope of practice includes the prescribing of medication may write or electronically transmit a prescription, drug order, or protocol for epinephrine for the entity. (b) A pharmacist licensed under IC 25-26 may dispense a valid prescription, drug order, or protocol for epinephrine issued in the name of an entity. As added by P.L.59-2015, SEC.2. Amended by P.L.28-2019, SEC.2; P.L.96-2026, SEC.47.

Ind. Code § 16-41-43-5.5 Immunity from civil liability in connection with administration of epinephrine

Sec. 5.5. (a) This chapter does not apply to a person who is eligible for immunity specified in one (1) or more of the following sections: (1) Section 6 of this chapter. (2) IC 20-34-4.5-4. (3) IC 21-44.5-2-6. (b) Except as provided in subsection (d), a person who meets all of the following criteria is not liable for civil damages for any act or omission related to the administration of epinephrine: (1) The person has successfully completed a course described in section 2.5(a) of this chapter before administering epinephrine to a person. (2) The person administered the epinephrine in a manner that was consistent with: (A) the training provided during the course described in section 2.5(a) of this chapter; or (B) the instruction provided to the person by the pharmacist at the time the epinephrine was dispensed to the person. (3) The person reasonably believed that the recipient of the epinephrine was suffering from anaphylaxis at the time the epinephrine was administered. (c) A pharmacist who complies with section 2.3(a) of this chapter is not liable for civil damages resulting from the administration of epinephrine. (d) The immunity described in subsection (b) or (c) does not apply to any act or omission that constitutes gross negligence or willful and wanton misconduct. As added by P.L.114-2020, SEC.7. Amended by P.L.96-2026, SEC.48.

Ind. Code § 16-41-43-6 Civil immunity

Sec. 6. (a) A nurse employed by an entity or an employee of the entity who administers epinephrine in accordance with the manufacturer's guidelines and with this chapter is not liable for civil damages resulting from the administration of epinephrine under this chapter unless the act or omission constitutes gross negligence or willful or wanton misconduct. (b) A licensed health care provider who: (1) writes a prescription, drug order, or protocol under this chapter; (2) transmits in an electronic format a prescription, drug order, or protocol for an electronically transmitted prescription under this chapter; or (3) provides training to an entity's personnel under this chapter; is not liable for civil damages resulting from the administration of epinephrine under this chapter. As added by P.L.59-2015, SEC.2. Amended by P.L.28-2019, SEC.3; P.L.96-2026, SEC.49.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026

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