Title 16, HEALTH

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.

Sec. 1. A dwelling is unfit for human habitation when the dwelling is dangerous or detrimental to life or health because of any of the following: (1) Want of repair. (2) Defects in the drainage, plumbing, lighting, ventilation, or construction. (3) Infection with contagious disea…

Sec. 10. The person appealing to the circuit or superior court shall file with the court a bond in an amount to be fixed by the court with sureties to be approved by the judge and conditioned to pay all the costs on the appeal if the person fails to sustain the appeal or the appe…

Sec. 11. (a) Review proceedings shall be docketed as an action between the appellant and the local board of health or county health officer and shall be tried as civil actions are tried. (b) The: (1) corporation counsel or the department of law in the city or town; and (2) prosec…

Sec. 12. A person who: (1) violates this chapter; or (2) fails to comply with an order of: (A) the state department or the state department's authorized agents; (B) a local board of health; or (C) a county health officer; is liable for all costs and expenses paid or incurred by t…

Sec. 13. (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. The inspector of buildings in a city or town may exercise all the powers granted the inspector in the following: (1) A city or town ordinance dealing with housing. (2) This chapter to boards of health. [Pre-1993 Recodification Citation: 16-1-25-2.] As added by P.L.2-1993,…

Sec. 3. The state department may not exercise a power granted in this chapter without giving to the local board of health or county health officer having jurisdiction a notice setting forth the conditions that have been certified to the state department or of which the state depa…

Sec. 4. Whenever the state department, the local board of health, or county health officer determines that a dwelling is unfit for human habitation, the state department, local board of health, or county health officer may issue an order requiring all persons living in the dwelli…

Sec. 5. (a) The state department, local board of health, or county health officer that issued an order to vacate under section 4 of this chapter shall, for a good reason, extend the time within which to comply with the order. (b) The state department, local board of health, or co…

Sec. 6. The state department, local board of health, or county health officer may declare a dwelling that is unfit for human habitation a public nuisance. The state department, local board of health, or county health officer may order to be removed, abated, suspended, altered, im…

Sec. 7. The state department, local board of health, or county health officer may order purified, cleansed, disinfected, renewed, altered, repaired, decontaminated, or improved a dwelling, excavation, building, structure, sewer, plumbing, pipe, passage, premises, ground, or thing…

Sec. 8. An order issued under this chapter shall be served on the tenant and the owner of the dwelling or the owner's rental agent. The order may be served on a person who by contract has assumed the duty of doing the things that the order specifies to be done. [Pre-1993 Recodifi…

Sec. 9. (a) A person aggrieved by an order of a local board of health or county health officer issued under this chapter may, not more than ten (10) days after the making of the order, file with the circuit or superior court a petition seeking a review of the order. (b) The court…

Sec. 1. (a) Each member of the Indiana board of pharmacy, designated employees of the Indiana board of pharmacy, and all law enforcement officers of Indiana are primarily responsible for the enforcement of all statutes and rules of Indiana relating to controlled substances. Howev…

Sec. 10. The addiction services bureau of the division of mental health and addiction may enter into contracts for educational and research activities without performance bonds. [Pre-1993 Recodification Citation: 16-6-8.5-8(c).] As added by P.L.2-1993, SEC.25. Amended by P.L.215-…

Sec. 11. The Indiana board of pharmacy may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subjects of the research. Persons who obtain this authorization …

Sec. 12. The Indiana board of pharmacy may authorize the possession and distribution of controlled substances by persons engaged in research. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of controlled substances to the ex…

Sec. 2. (a) As used in this section, "controlled premises" means the following: (1) Places where persons registered or exempted from registration requirements under IC 35-48-3 are required to keep records. (2) Places, including factories, warehouses, establishments, and conveyanc…

Sec. 3. Any court of record has jurisdiction to restrain or enjoin violations of laws relating to controlled substances. [Pre-1993 Recodification Citation: 16-6-8.5-3.] As added by P.L.2-1993, SEC.25.

Sec. 4. (a) The Indiana board of pharmacy shall cooperate with federal and other state agencies in discharging the board's responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the board may do the followi…

Sec. 5. (a) The following are subject to forfeiture: (1) All controlled substances that are or have been unlawfully manufactured, distributed, dispensed, acquired, or possessed, or with respect to which there has been an act by a person in violation of laws relating to controlled…

Sec. 6. (a) It is not necessary for the state to negate any exemption or exception in this chapter or in IC 35-48 in a complaint, an information, an indictment, or other pleading or in a trial, hearing, or other proceeding under this chapter or under IC 35-48. The burden of proof…

Sec. 7. All final determinations, findings, and conclusions of the Indiana board of pharmacy under this chapter are conclusive decisions of the matters involved. A person aggrieved by the decision may obtain review of the decision in accordance with IC 4-21.5-5. Findings of fact …

Sec. 8. The addiction services bureau of the division of mental health and addiction shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs, the bureau may do the following: (1) Promote bette…

Sec. 9. The addiction services bureau of the division of mental health and addiction shall encourage research on misuse and abuse of controlled substances. In connection with the research and in furtherance of the enforcement of laws relating to controlled substances, the bureau …