§ 35-45-21-5 — Obstruction of delivery of prescription drug

Note: This version of section effective until 9-1-2025. See also
following version of this section, effective 9-1-2025.
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 35-48-1.1-35.
(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.

Legislative History

As added by P.L.158-2013, SEC.547. Amended by P.L.186-2025, SEC.241.