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2016 Op. Ind. Att'y Gen. 1 (2016)

handle is hein.sag/sagin0133 and id is 1 raw text is: 












July 7, 2016


OFFICIAL OPINION 2016-01



Hon. Jerry Torr and Hon. Sean Eberhart
State Representatives
Indiana House of Representatives
200 W. Washington  Street
Indianapolis, Indiana 46204


       RE:  Civil liability protection for prescribers of auto-injectable epinephrine



Dear Reps. Torr and Eberhart:

You  requested the Attorney General's opinion concerning prescriber liability protection under
statutes referred to collectively as the auto-injectable epinephrine laws. Specifically, you sought
clarification about the scope of civil liability protection afforded physicians who prescribe auto-
injectable epinephrine to schools under Indiana Code Chapter 20-34-4.5 et seq. Enacted through
Senate Enrolled Act 245, P.L. 92-2014, this statute became effective on July 1, 2014.

Your letter also referenced two related laws: (1) House Enrolled Act 1323, P.L. 45-2014, (Indiana
Code Article 21-44.5 et seq.), which became effective with the Governor's signature on March 24,
2014, and concerns auto-injectable epinephrine at post-secondary educational institutions; and (2)
House  Enrolled Act 1454, P.L. 59-2015, (Indiana Code Chapter 16-41-43 et seq.), which became
effective July 1, 2015, and concerns auto-injectable epinephrine at businesses, associations, and
governmental entities.

This Office has addressed prescriber liability in each of these three statutory contexts:

    1. Does a physician who writes a prescription to a school or school district for auto-injectable
       epinephrine receive civil liability protection for damages resulting from administration of
       the auto-injectable epinephrine at the school?

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