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2015 Op. Ind. Att'y Gen. 1 (2015)

handle is hein.sag/sagin0131 and id is 1 raw text is: 











   GREG  ZOELLER
INDIANA ATFORNEY GENERAL


              STATE OF INDIANA
OFFICE   OF  THE  ATTORNEY GENERAL
  INDIANA GOVERNMENT CENTER SOUTH, FIFTH1 FLOOR
302 W. WASHINGTON STREET - INDIANAPOLIS, IN 46204-2770
          wwwY.AttorneyGeneral.IN.gov


TELEPHONE: 317.232.6201
   FAX: 317,232.7979


                                                        September  3, 2015


OFFICIAL OPINION 2015-01


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

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:

    I. 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?

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