§ 35-48-3-11 — Treatment for weight reduction or to control obesity

(a) Only a physician licensed under IC 25-22.5, a physician assistant licensed under IC 25-27.5, or an
advanced practice registered nurse licensed under IC 25-23 with
prescriptive authority 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, a physician assistant
licensed under IC 25-27.5, or an advanced practice registered nurse
licensed under IC 25-23 with prescriptive authority 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, physician assistant, or advanced practice
registered nurse 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, a physician assistant
licensed under IC 25-27.5, or an advanced practice registered nurse
licensed under IC 25-23 with prescriptive authority 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, physician assistant, or advanced practice registered nurse
determines in the physician's, physician assistant's, or advanced
practice registered nurse'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, physician assistant's, or advanced
practice registered nurse's direction.
(d) A physician assistant licensed under IC 25-27.5 or an advanced
practice registered nurse licensed under IC 25-23 with prescriptive
authority may not prescribe a schedule II controlled substance for the
purpose of weight reduction or to control obesity.

Legislative History

As added by P.L.157-1999, SEC.1. Amended by P.L.37-2001, SEC.1; P.L.135-2015, SEC.5; P.L.129-2018, SEC.45.