Indiana § 20-34-4-7 - Repealed

§ 20-34-4-7. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-7-9.5(f).]

As added by P.L.1-2005, SEC.18. Repealed by P.L.1-2009, SEC.174.

IC 20-34-4.5Chapter 4.5. Emergency Medication

20-34-4.5-0.2"Emergency medication" 20-34-4.5-0.4"Emergency stock medication" 20-34-4.5-0.6"School" 20-34-4.5-0.8"School nurse" 20-34-4.5-1Prescription or standing order for emergency medication; storage 20-34-4.5-1.5Expiration date for injectable epinephrine 20-34-4.5-2Administration of emergency medication; school employees, training 20-34-4.5-3Prescribing of emergency medication; standing order; dispensing 20-34-4.5-4Civil immunity 20-34-4.5-5Guidance materials by the department 20-34-4.5-6Report on the administration of emergency stock medication

IC 20-34-4.5-0.2"Emergency medication" Sec. 0.2. As used in this chapter, "emergency medication" means any of the following:

(1) Albuterol.

(2) Epinephrine.

(3) A federal Food and Drug Administration approved opioid overdose reversal medication, including nasal spray, as an overdose intervention drug that is subject to IC 16-42-27.

As added by P.L.117-2017, SEC.3. Amended by P.L.105-2025, SEC.1.

IC 20-34-4.5-0.4"Emergency stock medication" Sec. 0.4. As used in this chapter, "emergency stock medication" means emergency medication to which both of the following apply:

(1) The prescription or statewide standing order for the emergency medication is filled by a school or school corporation.

(2) The emergency medication is stored at a school in accordance with this chapter.

As added by P.L.117-2017, SEC.4. Amended by P.L.164-2023, SEC.54.

IC 20-34-4.5-0.6"School" Sec. 0.6. As used in this chapter, "school" means a:

(1) public school;

(2) charter school; or

(3) state accredited nonpublic school.

As added by P.L.117-2017, SEC.5. Amended by P.L.92-2020, SEC.84.

IC 20-34-4.5-0.8"School nurse" Sec. 0.8. As used in this chapter, "school nurse" has the meaning set forth in IC 20-34-5-9.

As added by P.L.117-2017, SEC.6.

IC 20-34-4.5-1Prescription or standing order for emergency medication; storage Sec. 1. (a) A school or a school corporation may:

(1) fill a prescription or statewide standing order for an emergency medication; and

(2) store the emergency medication:

(A) if the prescription or statewide standing order is filled by a school, in the school; or

(B) if the prescription or statewide standing order is filled by a school corporation, in a school in the school corporation;

if a health care provider who is licensed in Indiana and whose scope of practice includes the prescribing of medication writes the prescription or the state health commissioner issues a statewide standing order for the emergency medication for the school or school corporation.

(b) The school shall store the emergency medication in a safe location in which only school employees have access.

As added by P.L.92-2014, SEC.1. Amended by P.L.117-2017, SEC.7; P.L.164-2023, SEC.55.

IC 20-34-4.5-1.5Expiration date for injectable epinephrine Sec. 1.5. Injectable 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 injectable epinephrine to the school or school corporation.

As added by P.L.117-2017, SEC.8.

IC 20-34-4.5-2Administration of emergency medication; school employees, training Sec. 2. (a) A school nurse may administer emergency stock medication obtained under section 1 of this chapter to any of the following individuals if the individual is demonstrating signs or symptoms of a life-threatening emergency and the individual does not have emergency medication at the school or the individual's prescription is not available:

(1) Students at the school.

(2) School employees.

(3) Visitors at the school.

(b) School employees may administer emergency stock medication obtained under section 1 of this chapter if the following are met:

(1) The school employee has voluntarily received training in:

(A) recognizing a life-threatening emergency; and

(B) the proper administration of emergency medication;

by a health care provider who is licensed or certified in Indiana, for whom the administration of emergency medication is within the health care provider's scope of practice, who has received training in the administration of emergency medication, and who is knowledgeable in recognizing the symptoms of a life-threatening emergency and the administration of emergency medication.

(2) The individual to whom the emergency stock medication is being administered is:

(A) a student at the school;

(B) a school employee; or

(C) a visitor at the school.

As added by P.L.92-2014, SEC.1. Amended by P.L.117-2017, SEC.9.

IC 20-34-4.5-3Prescribing of emergency medication; standing order; dispensing Sec. 3. (a) A health care provider who is licensed in Indiana and whose scope of practice includes the prescribing of medication may:

(1) write; or

(2) transmit in an electronic format for an electronically transmitted prescription;

a prescription, drug order, or protocol for an emergency medication for a school or school corporation.

(b) The state health commissioner or the state health commissioner's designee who is a licensed prescriber may issue a statewide standing order, prescription, or protocol for emergency stock medication for schools or school corporations.

(c) A pharmacist licensed under IC 25-26 may dispense a valid prescription, drug order, standing order, or protocol for an emergency medication issued in the name of a school or school corporation.

As added by P.L.92-2014, SEC.1. Amended by P.L.117-2017, SEC.10; P.L.28-2019, SEC.5; P.L.164-2023, SEC.56.

IC 20-34-4.5-4Civil immunity Sec. 4. (a) A school nurse or school employee who administers an emergency stock medication in accordance with the manufacturer's guidelines and with this chapter is not liable for civil damages resulting from the administration of the emergency stock medication under this chapter unless the act or omission constitutes gross negligence or willful or wanton misconduct.

(b) The state health commissioner, the state health commissioner's designee, or a health care provider described in section 3 of this chapter who:

(1) writes; or

(2) transmits in an electronic format for an electronically transmitted prescription;

a prescription, drug order, statewide standing order, or protocol under this chapter is not liable for civil damages resulting from the administration of an emergency stock medication under this chapter.

(c) A health care provider described in section 2(b)(1) of this chapter who provides training to school employees under this chapter is not liable for civil damages resulting from the administration of an emergency stock medication.

As added by P.L.92-2014, SEC.1. Amended by P.L.117-2017, SEC.11; P.L.28-2019, SEC.6; P.L.164-2023, SEC.57.

IC 20-34-4.5-5Guidance materials by the department Sec. 5. The department shall:

(1) develop guidance materials concerning each emergency medication; and

(2) post a copy of the guidance materials on the department's website.

As added by P.L.117-2017, SEC.12. Amended by P.L.23-2026, SEC.198.

IC 20-34-4.5-6Report on the administration of emergency stock medication Sec. 6. A school employee described in section 2(b)(1) of this chapter or a school nurse shall:

(1) make a report when an emergency stock medication is administered; and

(2) submit the report to the department in an electronic format not later than ten (10) school days after the emergency stock medication is administered.

As added by P.L.117-2017, SEC.13.

IC 20-34-5Chapter 5. Care of Students With Diabetes

20-34-5-1"Diabetes management and treatment plan" 20-34-5-2"Health care services" 20-34-5-3"Individualized health plan" 20-34-5-4"Licensed health care practitioner" 20-34-5-5"Physician" 20-34-5-6"Registered nurse" 20-34-5-7"School" 20-34-5-8"School employee" 20-34-5-9"School nurse" 20-34-5-10"Student" 20-34-5-11"Volunteer health aide" 20-34-5-12Requirements of plan 20-34-5-13Development of plan 20-34-5-14Use of volunteer health aides 20-34-5-15Diabetes training program 20-34-5-16Tasks; school nurses and volunteer health aides 20-34-5-17Authorized diabetes management and treatment activities 20-34-5-18Information sheet requirement