Attorney General Todd Rokita Wednesday affirmed that it is legal for health care providers to prescribe ivermectin, hydroxychloroquine and other medications to treat or prevent COVID-19 — even though they are FDA-approved for other uses — so long as prescribing those medications falls within a standard of competent care.
“Amid all the breathless politicizing of inaccurate data by officials and hospitals as well as the pandemic itself, Hoosiers deserve reasonable discussions and common-sense conclusions,” Attorney General Rokita said. “They also deserve accurate interpretations of Indiana’s laws, and that’s what we’re providing today, as we always have.”
Attorney General Rokita’s legal guidance comes in the form of an advisory opinion issued in response to inquiries from five state lawmakers.
“Off-label prescribing and use of medications is a common and widespread practice in health care,” the advisory opinion reads, “and falls within the standard of competent care unless additional circumstances would otherwise qualify it as malpractice.”
Attorney General Rokita’s advisory opinion should not be construed as either recommending or discouraging the off-label use of any medication. The Attorney General “provides legal advice, not medical advice,” the opinion states.
“Experts disagree and studies conflict on prevention and treatment methods for COVID-19,” the advisory opinion further states, “so it is not unreasonable for (health care providers) to prescribe medications off-label and it be considered within the standard of care.”
Attorney General Rokita issued the opinion in response to separate inquiries from five Indiana legislators — Sen. Mike Gaskill, Sen. Eric Koch, Sen. James Tomes, Rep. Jim Lucas and Rep. Elizabeth Rowray.
“As a society,” he said, “we need to get better at having civilized, honest and open discussions about the issues so important to Hoosiers and all Americans. On COVID-19, that kind of dialogue involves respecting the unique relationship between doctors and patients in deciding whether to get vaccinated or use a drug such as ivermectin. And it involves trusting people to exercise their liberties to make the best decisions for themselves and their families.”
On behalf of Hoosiers, Attorney General Rokita has led the fight against federal overreach in the form of mask and vaccine mandates, winning several legal battles against the Biden administration on such issues.