2014 Indiana Code TITLE 25. PROFESSIONS AND OCCUPATIONS ARTICLE 26. PHARMACISTS, PHARMACIES, DRUG STORES CHAPTER 16. DRUG REGIMENS
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IC 25-26-16
Chapter 16. Drug Regimens
IC 25-26-16-1
"Protocol"
Sec. 1. As used in this chapter, "protocol" means the policies,
procedures, and protocols of a:
(1) hospital listed in IC 16-18-2-161(a)(1); or
(2) physician licensed under IC 25-22.5;
concerning the adjustment of a patient's drug regimen by a
pharmacist.
As added by P.L.114-1996, SEC.2. Amended by P.L.1-2009,
SEC.143; P.L.197-2011, SEC.110.
IC 25-26-16-2
Adjustment
Sec. 2. For purposes of this chapter, a pharmacist adjusts a drug
regimen if the pharmacist:
(1) changes the duration of treatment for a current drug therapy;
(2) adjusts a drug's strength, dosage form, frequency of
administration, or route of administration;
(3) discontinues the use of a drug; or
(4) adds a drug to the treatment regimen.
As added by P.L.114-1996, SEC.2.
IC 25-26-16-3
Protocol upon hospital admission
Sec. 3. (a) At the time of admission to a hospital that has adopted
a protocol under this chapter, the following apply:
(1) The admitting practitioner shall signify in writing in the
form and manner prescribed by the hospital whether the
protocol applies in the care and treatment of the patient.
(2) A pharmacist may adjust the drug therapy regimen of the
patient pursuant to the:
(A) written authorization of the admitting practitioner under
subdivision (1); and
(B) protocols of the hospital.
The pharmacist shall review the appropriate medical records of
the patient to determine whether the admitting practitioner has
authorized the use of a specific protocol before adjusting the
patient's drug therapy regimen. The admitting practitioner may
at any time modify or cancel a protocol by entering the
modification or cancellation in the patient's medical record.
(b) The authorization of the admitting practitioner to use the
protocol shall be entered immediately in the patient's medical record,
if required by the protocol.
As added by P.L.114-1996, SEC.2. Amended by P.L.98-2006,
SEC.27; P.L.197-2011, SEC.111.
IC 25-26-16-3.5
Protocol application
Sec. 3.5. (a) This section does not apply to a protocol adopted in
a hospital.
(b) Upon authorization of a physician who has adopted a protocol
under this chapter, the following apply:
(1) The physician shall signify in writing whether the protocol
applies in the care and treatment of the patient.
(2) A pharmacist may adjust the drug therapy regimen of the
patient under the authorization of the physician.
(3) The pharmacist shall review the appropriate medical records
of the patient to determine whether the physician has authorized
the use of a specific protocol before adjusting the patient's drug
therapy regimen.
(c) The physician who has adopted a protocol under this chapter:
(1) shall take appropriate actions to assure that the pharmacist
has the appropriate training to administer the protocol; and
(2) may at any time modify or cancel a protocol by entering the
modification or cancellation in the patient's medical record.
As added by P.L.197-2011, SEC.112.
IC 25-26-16-4
Minimum protocol requirements
Sec. 4. (a) This section applies to a pharmacist who is practicing
in a hospital:
(1) that is listed in IC 16-18-2-161(a)(1); and
(2) in which the pharmacist is supervised by a physician as
required under the protocols of the facility that are developed by
health care professionals, including physicians, pharmacists, and
registered nurses.
(b) The protocols developed under this chapter must at a minimum
require that the medical records of the patient are available to both
the patient's practitioner and the pharmacist and that the procedures
performed by the pharmacist relate to a condition for which the
patient has first seen a physician or other licensed practitioner.
As added by P.L.114-1996, SEC.2. Amended by P.L.1-2009,
SEC.144.
IC 25-26-16-4.5
Protocol for pharmacists
Sec. 4.5. (a) This section does not apply to a pharmacist who is
practicing in a hospital.
(b) As used in this section, "direct supervision" means that the
supervising physician is readily available to consult with the
pharmacist while the protocol services are being provided.
(c) This section applies to a pharmacist who:
(1) is employed by, or has entered into a contract with, a
physician, a group of physicians, or an outpatient clinic; and
(2) is under the direct supervision of a physician.
(d) The protocols developed under this chapter must:
(1) be developed by the physician described in subsection (c)(2)
and the pharmacist; and
(2) at a minimum, require that:
(A) the medical records of the patient are available to both
the patient's physician and the pharmacist; and
(B) the procedures performed by the pharmacist relate to a
condition for which the patient has first seen the physician or
another licensed practitioner.
As added by P.L.197-2011, SEC.113.
IC 25-26-16-5
Implementation, revision, or renewal of protocol
Sec. 5. (a) If a hospital or private mental health institution elects
to implement, revise, or renew a protocol under this chapter, the
governing board of the hospital or private mental health institution
shall consult with that facility's medical staff, pharmacists, and other
health care providers selected by the governing board. However, the
governing board is the ultimate authority regarding the terms,
implementation, revision, and renewal of the protocol.
(b) If a physician elects to implement, revise, or renew a protocol
in a setting other than a hospital or private mental health institution,
the physician shall consult with a pharmacist. However, the physician
is the ultimate authority regarding the terms, implementation,
revision, and renewal of the protocol.
As added by P.L.114-1996, SEC.2. Amended by P.L.197-2011,
SEC.114.
IC 25-26-16-6
Modification of written protocol
Sec. 6. Except for the addition or deletion of authorized
practitioners and pharmacists, a modification to written protocols
requires the initiation of a new protocol.
As added by P.L.114-1996, SEC.2.
IC 25-26-16-7
Annual review
Sec. 7. A protocol of a health care facility or a physician that is
developed under this chapter must be reviewed at least annually.
As added by P.L.114-1996, SEC.2. Amended by P.L.197-2011,
SEC.115.
IC 25-26-16-8
Documentation
Sec. 8. Documentation of protocols must be maintained in a
current, consistent, and readily retrievable manner. A pharmacist is
required to document decisions made under this chapter in a manner
that shows adequate, consistent, and regular communication with an
authorizing practitioner. After making an adjustment or a change to
the drug regimen of a patient, the pharmacist shall immediately enter
the change in the patient's medical record.
As added by P.L.114-1996, SEC.2.
IC 25-26-16-9
Confidentiality; liability
Sec. 9. (a) This chapter does not modify the requirements of other
statutes relating to the confidentiality of medical records.
(b) This chapter does not make any other licensed health care
provider liable for the actions of a pharmacist carried out under this
section.
As added by P.L.114-1996, SEC.2.
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