Merritt, 090315 INAGO, AGO 2015-01

• Case Date: September 03, 2015
• Court: Indiana

Hon. James W. Merritt AGO 2015-01 Official Opinion 2015-01 Indiana Attorney General Opinions State of Indiana Office of the Attorney General September 3, 2015          Hon. James W. Merritt, Jr.,          Majority Caucus Chairman          Indiana State Senate          200 West Washington Street          Indianapolis, IN 46204          RE: Standing Orders by Indiana Prescribers under "Aaron's Law"           GREG ZOELLER, INDIANA ATTORNEY GENERAL          Dear Sen. Merritt:          You requested the Attorney General's opinion regarding certain applications of "Aaron's Law," Indiana Code § 16-42-27 et. seq. This statute was enacted through Senate Enrolled Act 406, effective upon the Governor's signature on April 17, 2015. You sought clarification particularly with regard to the use of standing orders by Indiana prescribers to authorize the dispensing of naloxone to entities, including non-health care entities, and bystanders.          The specific questions raised regarding SEA 406 are as follows:

1. Can a non-health care entity obtain naloxone based on a standing order from an Indiana prescriber?

2. Can such a non-health care entity distribute naloxone to those that may be in a position to render assistance to an imperiled person suffering from an opioid overdose?

3. Is the prescriber required to have a direct relationship with the recipient of the naloxone issued or the person that may experience the opioid-related overdose via a standing order protocol?

4. If a pharmacy or other healthcare provider distributes naloxone under a standing order, must they register with the Indiana State Department of Health as an "entity"?

         BRIEF ANSWERS

1. An Indiana prescriber, as defined by I.C. § 16-42-27-1, may issue a standing order allowing a pharmacy or a non-health care entity which registers pursuant to I.C. § 16-42-27-2(e) to be dispensed opioid intervention drugs.

2. Under a standing order, an Indiana prescriber can authorize a registered entity to distribute opioid intervention drugs to a person that may be in a position to assist an individual experiencing an opioid-related overdose.

3. Under a standing order, a prescriber may authorize a person or entity to receive naloxone without a relationship to the person that is dispensed the opioid intervention drugs or the person whose overdose is attempted to be reversed by the opioid intervention drugs.

4. A pharmacy may dispense opioid intervention drugs pursuant to the authority of a standing order written to another "entity" without the pharmacy itself registering as an "entity". If the pharmacy wishes to dispense opioid intervention drugs directly to a person that may be in a position to assist an individual experience an opioid-related overdose as authorized by a standing order, that pharmacy must register as an "entity".

         LEGAL ANALYSIS      ...