Title 16, HEALTH

Sec. 1. As used in this chapter, "biologicals" means drugs and vaccines. [1993 Recodification Citation: New.] As added by P.L.2-1993, SEC.24.

Sec. 10. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993…

Sec. 2. All counties, cities, and towns shall supply without charge diphtheria, scarlet fever, and tetanus (lockjaw) antitoxin and rabies vaccine to persons financially unable to purchase the antitoxin or vaccine, upon the application of a licensed physician. [Pre-1993 Recodifica…

Sec. 3. The state department shall supply the necessary application forms to all local health officers for the administration of section 2 of this chapter and IC 12-20-16-14. The local health officers shall supply physicians with the forms on request. The application forms shall …

Sec. 4. The physician or advanced practice registered nurse applying for free biologicals as provided in this chapter and IC 12-20-16-14 shall sign in ink the following affirmation printed on the application form: I solemnly affirm that the free biologicals applied for will be ad…

Sec. 5. On receipt of an official form properly filled out and signed in ink by a physician, any dealer may supply the biologicals called for in the application form. [Pre-1993 Recodification Citation: 16-1-14-5 part.] As added by P.L.2-1993, SEC.24.

Sec. 6. When the application form is filed with the proper financial officer, the application form constitutes a legal claim for the market price of the furnished biologicals against the appropriate county, township, city, or town in which biologicals are used and against which t…

Sec. 7. (a) Except as provided in subsection (b), all costs that are incurred in furnishing biologicals under this chapter, IC 12-20-16-2(c)(13), or IC 12-20-16-14 shall be paid by: (1) the appropriate county, city, or town against which the application form is issued from genera…

Sec. 8. Each local health officer shall make official records of all cases in which free biologicals are furnished in the local health officer's jurisdiction. The local health officer shall, by the fifth day of each month, send information concerning the preceding month as requir…

Sec. 9. (a) The state department may supply without charge, in the interest of disease prevention and control, preventive biologicals to local health officers for immunization of individuals financially unable to purchase the biologicals. (b) The state department shall determine …

Sec. 1. This chapter is intended to supplement IC 16-42-1 through IC 16-42-4. [Pre-1993 Recodification Citation: 16-6-8-8.] As added by P.L.2-1993, SEC.25.

Sec. 10. As used in this chapter, "wholesaler" means a person engaged in the business of distributing legend drugs that the person has not produced or prepared to persons included in any of the classes named in section 21 of this chapter. [Pre-1993 Recodification Citation: 16-6-8…

Sec. 11. (a) Except as provided in section 21 of this chapter, a person may not sell a legend drug unless either of the following conditions exist: (1) Except as provided in subsection (b), the legend drug is dispensed by a pharmacist upon an original prescription or drug order w…

Sec. 12. Except as authorized under IC 25-26-13-25(d), a person may not refill a prescription or drug order for a legend drug except in the manner designated on the prescription or drug order or by the authorization of the practitioner. [Pre-1993 Recodification Citation: 16-6-8-3…

Sec. 13. A person may not possess or use a legend drug or a precursor unless the person obtains the drug: (1) on the prescription or drug order of a practitioner; (2) in accordance with section 11(a)(2) or 21 of this chapter; or (3) in accordance with rules adopted by the board o…

Sec. 14. A person may not fail to keep records as required by section 22 of this chapter. [Pre-1993 Recodification Citation: 16-6-8-3(d).] As added by P.L.2-1993, SEC.25.

Sec. 15. A person may not refuse to make available and to accord full opportunity to check a record, as required by section 22 of this chapter. [Pre-1993 Recodification Citation: 16-6-8-3(e).] As added by P.L.2-1993, SEC.25.

Sec. 16. Except as provided in section 30 of this chapter, a person may not do any of the following: (1) Obtain or attempt to obtain a legend drug or procure or attempt to procure the administration of a legend drug by any of the following: (A) Fraud, deceit, misrepresentation, o…

Sec. 17. A person may not possess or have under the person's control with intent to violate this chapter an instrument or contrivance designed or generally used in smoking a legend drug. [Pre-1993 Recodification Citation: 16-6-8-3(g).] As added by P.L.2-1993, SEC.25.

Sec. 18. (a) A person may not possess with intent to: (1) violate this chapter; or (2) commit an offense described in IC 35-48-4; a hypodermic syringe or needle or an instrument adapted for the use of a controlled substance or legend drug by injection in a human being. (b) A pers…

Sec. 19. Except as provided in section 21 of this chapter, a person may not possess or use an anabolic steroid without a valid prescription or drug order issued by a practitioner acting in the usual course of the practitioner's professional practice. [Pre-1993 Recodification Cita…

Sec. 2. As used in this chapter, "drug" means the following: (1) Articles or substances recognized in United States Pharmacopeial Convention, Inc.; The United States Pharmacopeia, Twenty-Second Edition (1990) or United States Pharmacopeial Convention, Inc.; The National Formulary…

Sec. 20. (a) Except as provided in section 30 of this chapter, a prescription or drug order for a legend drug is not valid unless the prescription or drug order is issued for a legitimate medical purpose by a practitioner acting in the usual course of the practitioner's business.…

Sec. 21. Sections 11, 13, 19, and 25(b) of this chapter are not applicable to the following: (1) The sale of legend drugs to persons included in any of the classes named in subdivision (2), or to the agents or employees of such persons for use in the usual course of their busines…

Sec. 22. (a) Manufacturers and wholesalers shall maintain records of the movement in commerce of legend drugs for two (2) years immediately following the date of the last entry on those records and shall make those records available, at reasonable times, to law enforcement agenci…

Sec. 23. (a) As used in this section, "mechanical device" means a machine for storage and dispensing of drugs. The term does not include devices or instruments used by practitioners in the diagnosis, cure, mitigation, treatment, or prevention of disease in human beings or other a…

Sec. 25. (a) A practitioner may not prescribe, order, distribute, supply, or sell an anabolic steroid for any of the following: (1) Enhancing performance in an exercise, sport, or game. (2) Hormonal manipulation intended to increase muscle mass, strength, or weight without a medi…

Sec. 26. In: (1) any complaint, information, affidavit, or indictment; and (2) any action or proceeding brought for the enforcement of any provision of this chapter; it is not necessary to negate an exception, excuse, proviso, or exemption contained in this chapter. The burden of…

Sec. 27. (a) This section does not apply to section 11(a)(1)(G) of this chapter (opioid labeling requirement). (b) Unless otherwise specified, a person who knowingly violates this chapter, except sections 25(b) and 30(c) of this chapter, commits a Level 6 felony. However, the off…

Sec. 28. Law enforcement officers in the performance of their official duties are exempt from prosecution for and may not be convicted of violations of this chapter. [Pre-1993 Recodification Citation: 16-6-8-11.] As added by P.L.2-1993, SEC.25.

Sec. 3. As used in this chapter, "drug order" means an order that meets the following conditions: (1) Is: (A) a written order in a hospital or other health care institution for an ultimate user for a drug or device, issued and signed by a practitioner; or (B) an order transmitted…

Sec. 30. (a) Sections 16 and 20 of this chapter do not apply to the actions of a: (1) person who is employed or retained as an investigator by a pharmaceutical manufacturer described in subdivision (3); (2) practitioner; or (3) pharmaceutical manufacturer that is approved by the …

Sec. 4. As used in this chapter, "investigational or new drug" means a drug that is limited by state law to use under professional supervision of a practitioner authorized by law to prescribe or administer the drug. [Pre-1993 Recodification Citation: 16-6-8-2(l).] As added by P.L…

Sec. 5. As used in this chapter, "practitioner" means any of the following: (1) A physician licensed under IC 25-22.5. (2) A veterinarian licensed to practice veterinary medicine in Indiana. (3) A dentist licensed to practice dentistry in Indiana. (4) A podiatrist licensed to pra…

Sec. 6. As used in this chapter, "precursor" means a substance, other than a legend drug, that: (1) is an immediate chemical intermediate that can be processed or synthesized into a legend drug; and (2) is used or produced primarily for use in the manufacture of a legend drug by …

Sec. 7. As used in this chapter, "prescription" means: (1) a written order to or for an ultimate user for a drug or device containing the name and address of the patient, the name and strength or size of the drug or device, the amount to be dispensed, adequate directions for the …

Sec. 8. As used in this chapter, "sale" means every sale and includes the following: (1) Manufacturing, processing, transporting, handling, packing, or any other production, preparation, or repackaging. (2) Exposure, offer, or any other proffer. (3) Holding, storing, or any other…

Sec. 9. As used in this chapter, "warehouseman" means a person who stores legend drugs for others and who has no control over the disposition of legend drugs except for the purpose of storage. [Pre-1993 Recodification Citation: 16-6-8-2(h).] As added by P.L.2-1993, SEC.25.