Indiana § 21-44-8-6 - Health care provider; immunization; sincerely held religious belief

§ 21-44-8-6. Health care provider; immunization; sincerely held religious belief

Sec. 6. A health care provider that participates in a health profession education program may not require a student to receive an immunization as a condition of participating in or obtaining clinical training or clinical experience:

(1) required by a health profession education program; and

(2) offered at the health care provider's facility;

if a parent of the student, if the student is an unemancipated minor, or a student, if the student is an adult or emancipated minor, objects based on a sincerely held religious belief.

As added by P.L.150-2026, SEC.17.

IC 21-44.5ARTICLE 44.5. EPINEPHRINE ADMINISTRATION PROGRAM

Ch. 1.Definitions Ch. 2.Emergency Administration of Epinephrine Policies and Guidelines

IC 21-44.5-1Chapter 1. Definitions

21-44.5-1-1Definitions; applicability 21-44.5-1-2"Licensed campus medical professional" 21-44.5-1-3"Member of the campus community" 21-44.5-1-4"Trained designee"

IC 21-44.5-1-1Definitions; applicability Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.45-2014, SEC.1.

IC 21-44.5-1-2"Licensed campus medical professional" Sec. 2. "Licensed campus medical professional" means any of the following individuals who are employed by or have contracted with a postsecondary educational institution and are designated by the postsecondary educational institution to serve in such a capacity under IC 21-44.5-2-2(b):

(1) A physician licensed under IC 25-22.5.

(2) A physician assistant licensed under IC 25-27.5.

(3) An advanced practice registered nurse or registered nurse who is licensed under IC 25-23.

As added by P.L.45-2014, SEC.1. Amended by P.L.129-2018, SEC.22.

IC 21-44.5-1-3"Member of the campus community" Sec. 3. "Member of the campus community" refers to an individual who is a student, faculty member, or staff member of a postsecondary educational institution.

As added by P.L.45-2014, SEC.1.

IC 21-44.5-1-4"Trained designee" Sec. 4. "Trained designee" means a member of the campus community trained by a licensed campus medical professional in the emergency administration of auto-injectable epinephrine.

As added by P.L.45-2014, SEC.1.

IC 21-44.5-2Chapter 2. Emergency Administration of Epinephrine Policies and Guidelines

21-44.5-2-1Authorization of policy on emergency administration of epinephrine 21-44.5-2-2Policy requirements; designation of licensed campus medical professional; authority 21-44.5-2-3Trained designee requirements 21-44.5-2-4Establishment of guidelines by Indiana department of health; requirements 21-44.5-2-5Filling of epinephrine prescription; storage; prescription 21-44.5-2-5.5Expiration date requirement 21-44.5-2-6Civil immunity 21-44.5-2-7Performance of duties, scope of practice; lawful prescription

IC 21-44.5-2-1Authorization of policy on emergency administration of epinephrine Sec. 1. A postsecondary educational institution may develop a policy in accordance with this chapter and guidelines issued under section 4 of this chapter for the emergency administration of auto-injectable epinephrine to a member of the campus community for anaphylaxis when a medical professional is not available.

As added by P.L.45-2014, SEC.1.

IC 21-44.5-2-2Policy requirements; designation of licensed campus medical professional; authority Sec. 2. (a) A policy described in section 1 of this chapter must include the following:

(1) Permission for a trained designee to do the following:

(A) Under the guidance of a licensed campus medical professional, administer auto-injectable epinephrine to a member of the campus community for anaphylaxis when a licensed campus medical professional is unavailable.

(B) When responsible for the safety of at least one (1) member of the campus community, carry in a secure but accessible location a supply of auto-injectable epinephrine that is prescribed under a standing protocol from a health care provider who is licensed in Indiana and whose scope of practice includes the prescribing of medication.

(2) Provisions that a licensed campus medical professional has responsibility for training designees in the following:

(A) The administration of auto-injectable epinephrine.

(B) Identification of an anaphylactic reaction and indications for when to use epinephrine.

(b) Each postsecondary educational institution that develops a policy under this chapter shall designate a licensed campus medical professional.

(c) A licensed campus medical professional may do the following:

(1) Establish and administer a standardized training protocol for the emergency administration of epinephrine by trained designees.

(2) Ensure that trained designees have satisfactorily completed the training protocol.

(3) Obtain a supply of auto-injectable epinephrine under a standing protocol from a physician licensed under IC 25-22.5.

(4) Control distribution to trained designees of auto-injectable epinephrine.

As added by P.L.45-2014, SEC.1.

IC 21-44.5-2-3Trained designee requirements Sec. 3. An individual must meet the following requirements in order to be a trained designee:

(1) Be at least eighteen (18) years of age.

(2) Have, or reasonably expect to have, responsibility for at least one (1) other member of the campus community as a result of the individual's employment.

(3) Have satisfactorily completed the standardized training protocol established and administered by a licensed campus medical professional in accordance with guidelines developed under section 4 of this chapter.

As added by P.L.45-2014, SEC.1.

IC 21-44.5-2-4Establishment of guidelines by Indiana department of health; requirements Sec. 4. The Indiana department of health, in consultation with the commission for higher education, shall establish guidelines for the development of a policy by a postsecondary educational institution for the emergency administration of epinephrine to a member of the campus community for anaphylaxis when a medical professional is unavailable. In the emergency administration of epinephrine, the guidelines must address the responsibilities of the following:

(1) The postsecondary educational institution.

(2) The licensed campus medical professional.

(3) The trained designee.

As added by P.L.45-2014, SEC.1. Amended by P.L.56-2023, SEC.204.

IC 21-44.5-2-5Filling of epinephrine prescription; storage; prescription Sec. 5. (a) A postsecondary educational institution may fill a prescription for auto-injectable epinephrine and store the auto-injectable epinephrine on the campus if a health care provider who is licensed in Indiana and whose scope of practice includes the prescribing of medication:

(1) writes; or

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

the prescription for auto-injectable epinephrine for the postsecondary educational institution.

(b) The postsecondary educational institution shall store the auto-injectable epinephrine in a safe location in which only postsecondary educational institution personnel have access.

(c) 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 auto-injectable epinephrine for the postsecondary educational institution.

(d) A pharmacist licensed under IC 25-26 may dispense a valid prescription, drug order, or protocol for auto-injectable epinephrine issued in the name of a postsecondary educational institution.

As added by P.L.45-2014, SEC.1. Amended by P.L.28-2019, SEC.7.

IC 21-44.5-2-5.5Expiration date requirement Sec. 5.5. 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 postsecondary educational institution.

As added by P.L.117-2017, SEC.14.

IC 21-44.5-2-6Civil immunity Sec. 6. (a) A licensed campus medical professional who acts in accordance with this chapter is not liable for civil damages for any act or omission committed in accordance with this chapter unless the act or omission constitutes gross negligence or willful or wanton misconduct.

(b) A trained designee who administers auto-injectable epinephrine in accordance with this chapter is not liable for civil damages resulting from the administration of auto-injectable epinephrine under this chapter unless the act or omission constitutes gross negligence or willful or wanton misconduct.

(c) A licensed health care provider who:

(1) writes; or

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

a prescription, drug order, or protocol under this chapter is not liable for civil damages resulting from the administration of auto-injectable epinephrine under this chapter unless the act or omission constitutes gross negligence or willful or wanton misconduct.

As added by P.L.45-2014, SEC.1. Amended by P.L.28-2019, SEC.8.

IC 21-44.5-2-7Performance of duties, scope of practice; lawful prescription Sec. 7. Nothing in this chapter may be construed to:

(1) permit a trained designee to perform the duties or fill the position of a licensed campus medical professional;

(2) prohibit the administration of a pre-filled auto-injector of epinephrine by a person acting under a lawful prescription; or

(3) prevent a licensed and qualified member of a health care profession from acting within the individual's scope of practice in administering auto-injectable epinephrine.

As added by P.L.45-2014, SEC.1.

IC 21-45ARTICLE 45. LIFE SCIENCES RESEARCH AND EDUCATION CENTERS

Ch. 1.General Provisions; Definitions Ch. 2.Public Health Department Ch. 3.Repealed Ch. 4.Adult Stem Cell Research Center Ch. 5.Spinal Cord and Head Injury Research Centers Ch. 6.Data Bank for DNA Population Statistics

IC 21-45-1Chapter 1. General Provisions; Definitions

21-45-1-1Applicability 21-45-1-2"Center" 21-45-1-3"Data bank" 21-45-1-4"Department" 21-45-1-5"DNA"