Obstruction of delivery of prescription drug
Sec. 8. (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.
However, the offense is a Class D felony if the offense results in
bodily injury to the patient.
(c) However, an offense described in subsection (b) is:
(1) a Class C felony if it is committed by a person who is a
licensed health care provider or licensed health professional;
(2) a Class B felony if it results in serious bodily injury to the
patient; and
(3) a Class A 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 was performed by:
(1) a health care provider or licensed health professional who
acted in good faith within the scope of the person's practice or
employment; or
(2) a person who was 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.154-2001, SEC.1.
Last modified: May 24, 2006