2019 Indiana Code
Title 35. Criminal Law and Procedure
Article 45. Offenses Against Public Health, Order, and Decency
Chapter 21. Offenses Against Public Health
35-45-21-5. Obstruction of delivery of prescription drug
Sec. 5. (a) The following definitions apply throughout this section:
(1) "Health care provider" refers to a health care provider (as defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or IC 16-18-2-163(c)) or a qualified medication aide as described in IC 16-28-1-11.
(2) "Licensed health professional" has the meaning set forth in IC 25-23-1-27.1.
(3) "Practitioner" has the meaning set forth in IC 16-42-19-5. However, the term does not include a veterinarian.
(4) "Prescription drug" has the meaning set forth in IC 35-48-1-25.
(b) A person who knowingly or intentionally physically interrupts, obstructs, or alters the delivery or administration of a prescription drug:
(1) prescribed or ordered by a practitioner for a person who is a patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor, except as provided in subsection (c).
(c) An offense described in subsection (b) is:
(1) a Level 6 felony if the offense results in bodily injury;
(2) a Level 5 felony if it is committed by a person who is a licensed health care provider or licensed health professional;
(3) a Level 4 felony if it results in serious bodily injury to the patient; and
(4) a Level 2 felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwise prohibited under this section if the conduct is performed by:
(1) a health care provider or licensed health professional who acts in good faith within the scope of the person's practice or employment; or
(2) a person who is rendering emergency care at the scene of an emergency or accident in a good faith attempt to avoid or minimize serious bodily injury to the patient.
As added by P.L.158-2013, SEC.547.
IC 35-46 ARTICLE 46. MISCELLANEOUS OFFENSES Ch. 1.Offenses Against the Family Ch. 2.Offenses Relating to Civil Rights Ch. 3.Offenses Relating to Animals Ch. 4.Repealed Ch. 5.Offenses Against Public Sensibility Ch. 6.Glue Sniffing Ch. 7.Offenses Against Persons Receiving Care Ch. 8.Unlawful Recording Ch. 8.5.Unlawful Photography and Surveillance on Private Property Ch. 9.Operating a Motorboat While Intoxicated Ch. 10.Offenses Involving Critical Infrastructure
