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2022 Op. Ind. Att'y Gen. 1 (2022)

handle is hein.sag/sagin0142 and id is 1 raw text is: TODD ROKITA
INDIANA ATTORNEY GENERAL

STATE OF INDIANA
OFFICE OF THE ATTORNEY GENERAL
INDIANA GOVERNMENT CENTER SOUTH, FIFTH FLOOR
302 WEST WASHINGTON STREET, INDIANAPOLIS, IN 46204-2770
www.Attomey Ceneral.IN. goy

TELEPHONE: 317.232.6201
FAX: 317.232.7979

February 23, 2022

OFFICIAL OPINION 2022-1
The Honorable Mike Gaskill
Indiana Senate
200 W. Washington Street
Indianapolis, Indiana 46204
The Honorable James Tomes
Indiana Senate
200 W. Washington Street
Indianapolis, Indiana 46204

The Honorable Eric Koch
Indiana Senate
200 W. Washington Street
Indianapolis, Indiana 46204
The Honorable Jim Lucas
Indiana House of Representatives
200 W. Washington Street
Indianapolis, Indiana 46204

The Honorable Elizabeth Rowray
Indiana House of Representatives
200 W. Washington Street
Indianapolis, Indiana 46204
RE: Off-label prescription of medications for treatment and prevention of
COVID-19
Dear Senators Gaskill, Koch, and Tomes, and Representatives Lucas and Rowray:
The Indiana Office of the Attorney General (OAG) received separate requests, one from
each of you, regarding health care providers (HCPs) prescribing certain medications off-label
for the treatment or prevention of COVID-19. You expressed concern that your constituents were
receiving consumer complaints for prescribing medications off-label for the treatment of COVID-
19, and fear that third-party complaints may create barriers and interfere with the provider-patient
relationship. If a provider risks a complaint or action against his or her professional license when
prescribing medications off-label, it may affect their decisions regarding patient care. Although
the requests were submitted independently, the language varies only slightly, while the intent is
clearly the same - to ask this office to opine on the legality of off-label prescription for medications
for the treatment and prevention of COVID-19.
QUESTION
Your requests all centered around physicians and other health care providers who have
prescription authorization to prescribe medication, such as ivermectin or hydroxychloroquine, that
is FDA-approved for another use, to treat or prevent COVID-19 in a patient. The question restated

`JAY.   ` .      ..`
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