Indiana Code - Criminal Law and Procedure - Title 35, Section 35-48-3-11

Treatment for weight reduction or to control obesity

Sec. 11. (a) Only a physician licensed under IC 25-22.5 may treat
a patient with a Schedule III or Schedule IV controlled substance for
the purpose of weight reduction or to control obesity.
(b) A physician licensed under IC 25-22.5 may not prescribe,
dispense, administer, supply, sell, or give any amphetamine,
sympathomimetic amine drug, or compound designated as a
Schedule III or Schedule IV controlled substance under IC 35-48-2-8
and IC 35-48-2-10 for a patient for purposes of weight reduction or
to control obesity, unless the physician does the following:
(1) Determines:
(A) through review of:
(i) the physician's records of prior treatment of the patient;
or
(ii) the records of prior treatment of the patient provided
by a previous treating physician or weight loss program;
that the physician's patient has made a reasonable effort to
lose weight in a treatment program using a regimen of
weight reduction based on caloric restriction, nutritional
counseling, behavior modification, and exercise without
using controlled substances; and
(B) that the treatment described in clause (A) has been
ineffective for the physician's patient.
(2) Obtains a thorough history and performs a thorough
physical examination of the physician's patient before initiating
a treatment plan using a Schedule III or Schedule IV controlled
substance for purposes of weight reduction or to control
obesity.
(c) A physician licensed under IC 25-22.5 may not begin and shall
discontinue using a Schedule III or Schedule IV controlled substance
for purposes of weight reduction or to control obesity after the
physician determines in the physician's professional judgment that:
(1) the physician's patient has failed to lose weight using a
treatment plan involving the controlled substance;

(2) the controlled substance has provided a decreasing
contribution toward further weight loss for the patient unless
continuing to take the controlled substance is medically
necessary or appropriate for maintenance therapy;
(3) the physician's patient:
(A) has a history of; or
(B) shows a propensity for;
alcohol or drug abuse; or
(4) the physician's patient has consumed or disposed of a
controlled substance in a manner that does not strictly comply
with a treating physician's direction.

As added by P.L.157-1999, SEC.1. Amended by P.L.37-2001, SEC.1.

Last modified: May 24, 2006