2021 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.