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The ISMA warns:
Beware of pharmacy requests authorizing pharmacists to administer vaccines
Rule: 844IAC 5-4-1 General Provisions
Sec. 1 (b) Except in institutional settings, on-call situations, cross-coverage situations, and situations involving advanced practice nurses with prescriptive authority practicing in accordance with the requirements of IC 25-23-1-19.4 and 848 IAC 5, as described in subsection (d), a physician shall not prescribe, dispense, or otherwise provide, or cause to be provided, any legend drug that is not a controlled substance to a person who the physician has never personally physically examined and diagnosed unless the physician is providing care in consultation with another physician who has an ongoing professional relationship with the patient, and who has agreed to supervise the patient’s use of the drug or drugs to be provided. |
An October meeting of the Indiana Medical Licensing (MLB) included a presentation by representatives of a major retail pharmacy. The retail drug store chain sought the support of the MLB for its program allowing pharmacists to administer inactivated influenza and pneumococcal vaccines.
Proposed legislation is expected in the 2007 General Assembly to specify in the Pharmacy Practice Act that pharmacists be permitted to give immunizations under a broad protocol.
In preparation for this action, the pharmacy chain may already be circulating a document titled “Vaccination Standing Order Protocol.” According to them, this order, when signed by a physician, would serve as a blanket prescription authorizing pharmacists to vaccinate Indiana citizens who present to flu clinics.
The ISMA Legal Department urges caution for physicians presented with such agreements.
“One of the rules regulating physicians states that except under very limited circumstances — like on-call coverage — physicians may not prescribe, or otherwise cause to be provided, a controlled substance or a legend drug to a person the physician has never personally examined and diagnosed,” said Julie Reed, ISMA legal counsel.
Additionally, if a physician signs the standing order document and a patient files a complaint, the physician probably would be liable.
If you have further questions regarding standing orders requested by pharmacies, contact Reed at the ISMA.
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