Reprinted
March 18, 2005
ENGROSSED
SENATE BILL No. 444
_____
DIGEST OF SB 444
(Updated March 17, 2005 6:33 pm - DI 77)
Citations Affected: IC 5-2; IC 10-11; IC 13-11; IC 13-14; IC 25-26;
IC 35-33; IC 35-45; IC 35-48; noncode.
Synopsis: Methamphetamine and pharmacy security. Makes ephedrine
and pseudoephedrine schedule V controlled substances. Allows a
pharmacy to release a record concerning the purchase of a drug
containing ephedrine or pseudoephedrine in accordance with state and
federal health privacy laws. Requires a law enforcement agency that
terminates the operation of a methamphetamine laboratory to report the
existence and location of the laboratory to the state police, fire
department, and county health department. Requires a law enforcement
agency that discovers a child less than 14 years of age at a
methamphetamine laboratory to notify the division of family and
children. Requires the department of environmental management to
maintain a list of persons certified to inspect or clean up property
(Continued next page)
Effective: July 1, 2005.
Young R Michael, Skinner, Broden,
Server, Bray, Weatherwax, Dillon,
Heinold
(HOUSE SPONSORS _ FRIEND, GRUBB, ULMER, KOCH, BORDERS,
TORR)
January 13, 2005, read first time and referred to Committee on Health and Provider
Services.
February 3, 2005, amended, reported favorably _ Do Pass.
February 7, 2005, read second time, ordered engrossed.
February 8, 2005, engrossed. Read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
March 8, 2005, read first time and referred to Committee on Courts and Criminal Code.
March 10, 2005, amended, reported _ Do Pass.
March 17, 2005, read second time, amended, ordered engrossed.
Digest Continued
polluted by chemicals used to manufacture a controlled substance.
Allows a court to require a defendant demonstrating a pattern of
repeated illegal use or manufacture of a controlled substance to
participate in a drug treatment program as a condition of bail. Adds
certain chemical reagents to the list of chemical reagents and
precursors used in the manufacture of methamphetamine. Requires a
package of a drug containing ephedrine or pseudoephedrine to be: (1)
protected by an anti-theft device; and (2) stored in an area that is under
constant video monitoring. Allows a pharmacist to refuse to honor a
prescription if honoring the prescription would endanger the safety of
a person employed by the pharmacy. Requires a pharmacist to notify
a physician who issued a prescription if the pharmacist refuses to honor
the prescription because honoring the prescription would: (1) be
against the best interest of the patient; or (2) be contrary to the health
and safety of the patient. Allows the board of pharmacy to refuse to
renew, suspend, or revoke a pharmacy permit if the permittee fails to
implement security measures designated by the board. Makes
intimidation a Class D felony instead of a Class A misdemeanor if the
person to whom the threat is communicated is an employee of a
pharmacy. Allows certain addiction treatment facilities to be located in
a county that is contiguous to a county with an existing facility.
Reprinted
March 18, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 444
A BILL FOR AN ACT to amend the Indiana Code concerning drugs
and controlled substances.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-2-15; (05)ES0444.2.1. -->
SECTION 1. IC 5-2-15 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Chapter 15. Methamphetamine Lab Reporting and Quarantine
Sec. 1. As used in this chapter, "certified inspector" means a
person certified under IC 13-14-1-15 to inspect and clean property
polluted by a contaminant (as defined in IC 13-11-2-42).
Sec. 2. As used in this chapter, "law enforcement agency" has
the meaning set forth in IC 10-11-8-2.
Sec. 3. As used in this chapter, "methamphetamine laboratory"
means a location or facility that:
(1) is being used;
(2) was intended to be used; or
(3) has been used;
to produce methamphetamine.
Sec. 4. A law enforcement agency that terminates the operation
of a methamphetamine laboratory shall report the existence and
location of the methamphetamine laboratory to:
(1) the state police department;
(2) the local fire department that serves the area in which the
methamphetamine laboratory is located; and
(3) the county health department or, if applicable, multiple
county health department of the county in which the
methamphetamine laboratory is located;
on a form and in the manner prescribed by guidelines adopted by
the superintendent of the state police department under
IC 10-11-2-31.
Sec. 5. A law enforcement agency that discovers a child less than
fourteen (14) years of age at a methamphetamine laboratory shall
notify the division of family and children.
SOURCE: IC 10-11-2-31; (05)ES0444.2.2. -->
SOURCE: IC 10-11-2-31. -->
SECTION 2. IC 10-11-2-31 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]:
Sec. 31. (a) The superintendent shall adopt:
(1) guidelines; and
(2) a reporting form or a specified electronic format, or both;
for the report of a methamphetamine laboratory by a law
enforcement agency under IC 5-2-15-4.
(b) The guidelines adopted under this section must require a law
enforcement agency to report the existence of a methamphetamine
laboratory to:
(1) the department;
(2) the local fire department that serves the area in which the
methamphetamine laboratory is located; and
(3) the county health department or, if applicable, multiple
county health department of the county in which the
methamphetamine laboratory is located;
on the form or in the specified electronic format adopted by the
superintendent.
(c) The guidelines adopted under this section:
(1) may incorporate a recommendation of the
methamphetamine abuse task force (IC 5-2-14) that the
superintendent determines to be relevant;
(2) may require the department to report the existence of the
methamphetamine laboratory to one (1) or more additional
agencies or organizations;
(3) must require the department to maintain reports filed
under IC 5-2-15-4 in a manner permitting an accurate
assessment of:
(A) the number of methamphetamine laboratories located
in Indiana in a specified period;
(B) the geographical dispersal of methamphetamine
laboratories located in Indiana in a specified period; and
(C) any other information that the superintendent
determines to be relevant; and
(4) must require a law enforcement agency to report any
other information that the superintendent determines to be
relevant.
SOURCE: IC 10-11-8-4; (05)ES0444.2.3. -->
SECTION 3. IC 10-11-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The superintendent,
with input from other law enforcement agencies, may develop and
maintain a meth watch program to inform retailers about illicit
methamphetamine production, distribution, and use in Indiana.
SOURCE: IC 13-11-2-42; (05)ES0444.2.4. -->
SECTION 4. IC 13-11-2-42 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 42. "Contaminant", for
purposes of environmental management laws, means any solid,
semi-solid, liquid, or gaseous matter, or any odor, radioactive material,
pollutant (as defined by the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), as in effect on January 1, 1989), hazardous waste
(as defined in the federal Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.), as in effect on January 1, 1989), any constituent of a hazardous
waste, or any combination of the items described in this section, from
whatever source, that:
(1) is injurious to human health, plant or animal life, or property;
(2) interferes unreasonably with the enjoyment of life or property;
or
(3) otherwise violates:
(A) environmental management laws; or
(B) rules adopted under environmental management laws.
The term includes chemicals used in the illegal manufacture of a
controlled substance (as defined in IC 35-48-1-9) or an immediate
precursor of a controlled substance, and waste produced from the
illegal manufacture of a controlled substance or an immediate
precursor of the controlled substance.
SOURCE: IC 13-14-1-15; (05)ES0444.2.5. -->
SECTION 5. IC 13-14-1-15 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 15. (a) The department shall maintain a list of
persons certified to inspect and clean property that is polluted by
a contaminant. The list may specifically note persons with
particular expertise or experience in the inspection or cleanup of
property contaminated by chemicals used in the illegal
manufacture of a controlled substance (as defined in IC 35-48-1-9)
or by waste produced from the illegal manufacture of a controlled
substance.
(b) The department may specify by rule that a person who meets
certain qualifications prescribed by the department is a person
certified to inspect and clean property that is polluted by a
contaminant.
(c) The department shall adopt rules under IC 4-22-2:
(1) to implement this section; and
(2) concerning the inspection and remediation of
contaminated property.
SOURCE: IC 25-26-13-16; (05)ES0444.2.6. -->
SECTION 6. IC 25-26-13-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a) A pharmacist
shall exercise his the pharmacist's professional judgment in the best
interest of the patient's health when engaging in the practice of
pharmacy.
(b) A pharmacist has a duty to honor all prescriptions from a
practitioner or from a physician, podiatrist, dentist, or veterinarian
licensed under the laws of another state. Before honoring a
prescription, the pharmacist shall take reasonable steps to determine
whether the prescription has been issued in compliance with the laws
of the state where it originated. The pharmacist is immune from
criminal prosecution or civil liability if he, the pharmacist, in good
faith, refuses to honor a prescription because, in his the pharmacist's
professional judgment, the honoring of the prescription would:
(1) be contrary to law;
(2) be against the best interest of the patient;
(3) aid or abet an addiction or habit; or
(4) be contrary to the health and safety of the patient; or
(5) endanger the safety of a person employed by the pharmacy
or a pharmacist intern or pharmacist extern.
If a pharmacist refuses to honor a prescription under subdivision
(2) or (4), the pharmacist shall notify the physician who issued the
prescription not more than twenty-four (24) hours after the
prescription is presented to the pharmacy.
(c) A pharmacist:
(1) may refuse to honor a prescription; and
(2) is immune from criminal prosecution and civil liability for
refusing to honor the prescription;
if the pharmacist believes in good faith that the person presenting
the prescription or the person for whose benefit the prescription is
presented is a person who has been convicted of intimidation (as
described in IC 35-45-2-1(b)(1)(B)(vi)).
SOURCE: IC 25-26-13-18.5; (05)ES0444.2.7. -->
SECTION 7. IC 25-26-13-18.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 18.5. The board may, after a
hearing:
(1) refuse to issue a renewal of;
(2) suspend; or
(3) revoke;
a pharmacy permit if a permittee fails to implement security
measures within the time and in the manner designated by the
board.
SOURCE: IC 25-26-17-8; (05)ES0444.2.8. -->
SECTION 8. IC 25-26-17-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 8. The board shall make available to a law
enforcement agency records concerning an Indiana resident's mail
order purchase of a drug containing ephedrine or pseudoephedrine
from a nonresident pharmacy in accordance with state and federal
law.
SOURCE: IC 35-33-8-1; (05)ES0444.2.9. -->
SECTION 9. IC 35-33-8-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
chapter, "bail bond" means a bond executed by a person who has been
arrested for the commission of an offense, for the purpose of ensuring:
(1) the person's appearance at the appropriate legal proceeding;
(2) another person's physical safety; or
(3) the safety of the community, including the safety of the
community as imperiled by the person's pattern of illegal use
or manufacture of a controlled substance.
SOURCE: IC 35-33-8-3.2; (05)ES0444.2.10. -->
SECTION 10. IC 35-33-8-3.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3.2. (a) A court may
admit a defendant to bail and impose any of the following conditions
to assure the defendant's appearance at any stage of the legal
proceedings, or, upon a showing of clear and convincing evidence that
the defendant poses a risk of physical danger to another person or the
community, to assure the public's physical safety, including the
public's safety as imperiled by the person's pattern of illegal use or
manufacture of a controlled substance:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail; or
(D) post a real estate bond.
(2) Require the defendant to execute a bail bond by depositing
cash or securities with the clerk of the court in an amount not less
than ten percent (10%) of the bail. If the defendant is convicted,
the court may retain all or a part of the cash or securities to pay
fines, costs, fees, and restitution, if ordered by the court. A portion
of the deposit, not to exceed ten percent (10%) of the monetary
value of the deposit or fifty dollars ($50), whichever is the lesser
amount, may be retained as an administrative fee. The clerk shall
also retain from the deposit under this subdivision the following:
(A) Fines, costs, fees, and restitution as ordered by the court.
(B) Publicly paid costs of representation that shall be disposed
of in accordance with subsection (b).
(C) In the event of the posting of a real estate bond, the bond
shall be used only to insure the presence of the defendant at
any stage of the legal proceedings, but shall not be foreclosed
for the payment of fines, costs, fees, or restitution.
The individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be
forfeited under section 7 of this chapter or retained under
subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Require the defendant to refrain from any direct or indirect
contact with an individual.
(5) Place the defendant under the reasonable supervision of a
probation officer or other appropriate public official.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Require the defendant to enroll in a drug treatment
program if the court determines that the defendant has a
pattern of repeated illegal use or manufacture of a controlled
substance.
(8) (9) Impose any other reasonable restrictions designed to
assure the defendant's presence in court or the physical safety of
another person or the community, including the safety of the
community as imperiled by the person's pattern of illegal use
or manufacture of a controlled substance.
(b) Within thirty (30) days after disposition of the charges against
the defendant, the court that admitted the defendant to bail shall order
the clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the defendant. The portion of the deposit that is not remitted
to the defendant shall be deposited by the clerk in the supplemental
public defender services fund established under IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed or the defendant is acquitted or
convicted of the charges.
(d) With the approval of the clerk of the court, the county sheriff
may collect the bail posted under this section. The county sheriff shall
remit the bail to the clerk of the court by the following business day.
(e) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court
administration with the clerk.
SOURCE: IC 35-45-2-1; (05)ES0444.2.11. -->
SECTION 11. IC 35-45-2-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) A person who
communicates a threat to another person, with the intent:
(1) that the other person engage in conduct against the other
person's will;
(2) that the other person be placed in fear of retaliation for a prior
lawful act; or
(3) of causing:
(A) a dwelling, a building, or another structure; or
(B) a vehicle;
to be evacuated;
commits intimidation, a Class A misdemeanor.
(b) However, the offense is a:
(1) Class D felony if:
(A) the threat is to commit a forcible felony;
(B) the person to whom the threat is communicated:
(i) is a law enforcement officer;
(ii) is a judge or bailiff of any court;
(iii) is a witness (or the spouse or child of a witness) in any
pending criminal proceeding against the person making the
threat;
(iv) is an employee of a school corporation; or
(v) is a community policing volunteer; or
(vi) is an employee of a pharmacy (as defined in
IC 25-26-13-2), a patron of a pharmacy, or a pharmacist
intern or pharmacist extern;
(C) the person has a prior unrelated conviction for an offense
under this section concerning the same victim; or
(D) the threat is communicated using property, including
electronic equipment or systems, of a school corporation or
other governmental entity; and
(2) Class C felony if, while committing it, the person draws or
uses a deadly weapon.
(c) "Threat" means an expression, by words or action, of an
intention to:
(1) unlawfully injure the person threatened or another person, or
damage property;
(2) unlawfully subject a person to physical confinement or
restraint;
(3) commit a crime;
(4) unlawfully withhold official action, or cause such withholding;
(5) unlawfully withhold testimony or information with respect to
another person's legal claim or defense, except for a reasonable
claim for witness fees or expenses;
(6) expose the person threatened to hatred, contempt, disgrace, or
ridicule;
(7) falsely harm the credit or business reputation of the person
threatened; or
(8) cause the evacuation of a dwelling, a building, another
structure, or a vehicle.
SOURCE: IC 35-48-2-12; (05)ES0444.2.12. -->
SECTION 12. IC 35-48-2-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 12. (a) The controlled
substances listed in this section are included in schedule V.
(b) Narcotic drugs containing nonnarcotic active medicinal
ingredients. Any compound, mixture, or preparation containing any of
the following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, in the following quantities, which shall
include one (1) or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or
preparation, valuable medicinal qualities other than those possessed by
the narcotic drug alone:
(1) Not more than 200 milligrams of codeine per 100 milliliters
or per 100 grams.
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams.
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams.
(4) Not more than 2.5 milligrams of diphenoxylate and not less
than 25 micrograms of atropine sulfate per dosage unit.
(5) Not more than 100 milligrams of opium per 100 milliliters or
per 100 grams.
(6) Not more than 0.5 milligrams of difenoxin (9168), and not less
than 25 micrograms of atropine sulfate per dosage unit.
(c) Buprenorphine (9064).
(d) A material, compound, mixture, or preparation that contains
a quantity of the following substances, pure or adulterated:
(1) Ephedrine.
(2) Pseudoephedrine.
(e) A pharmacy may release a record relating to the purchase of
a material, compound, mixture, or preparation that contains a
quantity of ephedrine or pseudoephedrine (pure or adulterated) to
a law enforcement officer in accordance with state and federal
health privacy laws.
(f) The Indiana board of pharmacy may adopt rules under
IC 4-22-2 to implement subsection (e).
SOURCE: IC 35-48-4-14.5; (05)ES0444.2.13. -->
SECTION 13. IC 35-48-4-14.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 14.5. (a) As used in this
section, "chemical reagents or precursors" refers to one (1) or more of
the following:
(1) Ephedrine.
(2) Pseudoephedrine.
(3) Phenylpropanolamine.
(4) The salts, isomers, and salts of isomers of a substance
identified in subdivisions (1) through (3).
(5) Anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1).
(6) Organic solvents.
(7) Hydrochloric acid.
(8) Lithium metal.
(9) Sodium metal.
(10) Ether.
(11) Sulfuric acid.
(12) Red phosphorous.
(13) Iodine.
(14) Sodium hydroxide (lye).
(15) Potassium dichromate.
(16) Sodium dichromate.
(17) Potassium permanganate.
(18) Chromium trioxide.
(19) Benzyl cyanide.
(20) Phenylacetic acid and its esters or salts.
(21) Piperidine and its salts.
(22) Methylamine and its salts.
(23) Isosafrole.
(24) Safrole.
(25) Piperonal.
(26) Hydriodic acid.
(27) Benzaldehyde.
(28) Nitroethane.
(29) Gamma-butyrolactone.
(30) White phosphorus.
(31) Hypophosphorous acid and its salts.
(32) Acetic anhydride.
(33) Benzyl chloride.
(34) Ammonium nitrate.
(35) Ammonium sulfate.
(36) Hydrogen peroxide.
(37) Thionyl chloride.
(38) Ethyl acetate.
(39) Pseudoephedrine hydrochloride.
(b) A person who possesses more than ten (10) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, the salts, isomers or salts
of isomers of ephedrine, pseudoephedrine or phenylpropanolamine or
a combination of any of these substances exceeding ten (10) grams
pure or adulterated, commits a Class D felony. However, the offense
is a Class C felony if the person possessed:
(1) a firearm while possessing more ten (10) grams of ephedrine,
pseudoephedrine, or phenylpropanolamine, the salts, isomers or
salts of isomers of ephedrine, pseudoephedrine or
phenylpropanolamine or a combination of any of these substances
exceeding ten (10) grams; pure or adulterated; or
(2) more than ten (10) grams of ephedrine, pseudoephedrine, or
phenylpropanolamine, the salts, isomers or salts of isomers of
ephedrine, pseudoephedrine, or phenylpropanolamine, or a
combination of any of these substances exceeding ten (10) grams
pure or adulterated, in, on, or within one thousand (1,000) feet
of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(c) A person who possesses anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with the intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6, commits a Class D felony. However, the offense is a
Class C felony if the person possessed:
(1) a firearm while possessing anhydrous ammonia or ammonia
solution (as defined in IC 22-11-20-1) with intent to manufacture
methamphetamine, a schedule II controlled substance under
IC 35-48-2-6; or
(2) anhydrous ammonia or ammonia solution (as defined in
IC 22-11-20-1) with intent to manufacture methamphetamine, a
schedule II controlled substance under IC 35-48-2-6 in, on, or
within one thousand (1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(d) Subsection (b) does not apply to a:
(1) licensed health care provider, pharmacist, retail distributor,
wholesaler, manufacturer, warehouseman, or common carrier or
an agent of any of these persons if the possession is in the regular
course of lawful business activities; or
(2) person who possesses more than ten (10) grams of a substance
described in subsection (b) if the substance is possessed under
circumstances consistent with typical medicinal or household use,
including:
(A) the location in which the substance is stored;
(B) the possession of the substance in a variety of:
(i) strengths;
(ii) brands; or
(iii) types; or
(C) the possession of the substance:
(i) with different expiration dates; or
(ii) in forms used for different purposes.
(e) A person who possesses two (2) or more chemical reagents or
precursors with the intent to manufacture:
(1) Methcathinone, a schedule I controlled substance under
IC 35-48-2-4;
(2) Methamphetamine, a schedule II controlled substance under
IC 35-48-2-6;
(3) Amphetamine, a schedule II controlled substance under
IC 35-48-2-6; or
(4) Phentermine, a schedule IV controlled substance under
IC 35-48-2-10;
commits a Class D felony.
(f) An offense under subsection (e) is a Class C felony if the person
possessed:
(1) a firearm while possessing two (2) or more chemical reagents
or precursors with intent to manufacture methamphetamine, a
schedule II controlled substance under IC 35-48-2-6; or
(2) two (2) or more chemical reagents or precursors with intent to
manufacture methamphetamine, a schedule II controlled
substance under IC 35-48-2-6 in, on, or within one thousand
(1,000) feet of:
(A) school property;
(B) a public park;
(C) a family housing complex; or
(D) a youth program center.
(g) A person who sells, transfers, distributes, or furnishes a chemical
reagent or precursor to another person with knowledge or the intent that
the recipient will use the chemical reagent or precursors to manufacture
methamphetamine, methcathinone, amphetamine, or phentermine
commits unlawful sale of a precursor, a Class D felony.
SOURCE: IC 35-48-4-14.7; (05)ES0444.2.14. -->
SECTION 14. IC 35-48-4-14.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 14.7. (a) As used in this section,
"constant video monitoring" means the surveillance by an
automated camera that:
(1) records at least one (1) photograph or digital image every
ten (10) seconds;
(2) retains a photograph or digital image for at least seven (7)
days;
(3) has sufficient resolution and magnification to permit the
identification of a person in the area under surveillance; and
(4) stores a recorded photograph or digital image at a location
that is immediately accessible to a law enforcement officer.
(b) As used in this section, "ephedrine" means pure or
adulterated ephedrine.
(c) As used in this section, "pseudoephedrine" means pure or
adulterated pseudoephedrine.
(d) A person may sell a drug that contains the active ingredient
of ephedrine, pseudoephedrine, or both, only if the person complies
with the following conditions:
(1) The drug is protected by a reliable anti-theft device that
uses package tags and detection alarms designed to prevent
theft.
(2) The drug is stored in an area that is under constant video
monitoring, and a sign placed near the drug warns that the
area is under constant video monitoring.
(e) A person who violates this section commits a Class B
infraction. However, the offense is a Class A misdemeanor if the
person:
(1) has a prior unrelated judgment or conviction under this
section; and
(2) knowingly or intentionally violates this section.
(f) A unit (as defined in IC 36-1-2-23) may not adopt an
ordinance after June 30, 2005, that is more stringent than this
section.
SOURCE: ; (05)ES0444.2.15. -->
SECTION 15. [EFFECTIVE JULY 1, 2005] IC 35-45-2-1, as
amended by this act, and IC 35-48-4-14.7, as added by this act,
apply only to offenses committed after June 30, 2005.
SOURCE: ; (05)ES0444.2.16. -->
SECTION 16. P.L.28-2004, SECTION 191, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: SECTION 191.
(a) As used in this SECTION, "division" refers to the division of mental
health and addiction.
(b) Except as provided in
subsection (c) subsections (c) and (d),
notwithstanding IC 12-23-1-6(4), IC 12-23-14-7, and
440 IAC 4.4-2-1(e), the division may not grant specific approval to be
a new provider of any of the following:
(1) Methadone.
(2) Levo-alphacetylmethadol.
(3) Levo-alpha-acetylmethadol.
(4) Levomethadyl acetate.
(5) LAAM.
(6) Buprenorphine.
(c) The division may not grant specific approval to be a new
provider of one (1) or more of the drugs listed under subsection (b)
unless:
(1) the drugs will be provided in a county with a population of
more than forty thousand (40,000);
(2) there are no other providers located in the county or in a
county contiguous to the county where the provider will provide
the drugs; and
(3) the provider supplies, in writing:
(A) a needs assessment for Indiana citizens under guidelines
established by the division; and
(B) any other information required by the division.
(d) Notwithstanding subsection (c), the division may grant
specific approval to be a new provider of one (1) or more of the
drugs listed under subsection (b) in a county contiguous to a county
in which an existing provider is located if:
(1) the drugs will be provided in a county with a population of
more than forty thousand (40,000);
(2) there are no other providers of the drugs listed under
subsection (b) in the county in which the provider is seeking
approval; and
(3) the provider supplies, in writing:
(A) a needs assessment for Indiana citizens under
guidelines established by the division that demonstrates:
(i) a heroin or opiate problem exists in the county in
which the provider is seeking approval; and
(ii) a need exists for a heroin or an opiate treatment
program in the county; and
(B) any other information required by the division.
(d) (e) Except as provided in subsection (k), (l), the division shall
prepare a report by June 30 of each year concerning treatment offered
by methadone providers that contains the following information:
(1) The number of methadone providers in the state.
(2) The number of patients on methadone during the previous
year.
(3) The length of time each patient received methadone and the
average length of time all patients received methadone.
(4) The cost of each patient's methadone treatment and the
average cost of methadone treatment.
(5) The rehabilitation rate of patients who have undergone
methadone treatment.
(6) The number of patients who have become addicted to
methadone.
(7) The number of patients who have been rehabilitated and are
no longer on methadone.
(8) The number of individuals, by geographic area, who are on a
waiting list to receive methadone.
(9) Patient information as reported to a central registry created by
the division.
(e) (f) Each methadone provider in the state shall provide
information requested by the division for the report under subsection
(d). (e). The information provided to the division may not reveal the
specific identity of a patient.
(f) (g) The information provided to the division under subsection
(e)
(f) must be based on a calendar year.
(g) (h) The information required under subsection
(e) (f) for
calendar year 1998 must be submitted to the division not later than
June 30, 1999. Subsequent information must be submitted to the
division not later than:
(1) February 29, 2004, for calendar year 2003;
(2) February 28, 2005, for calendar year 2004;
(3) February 28, 2006, for calendar year 2005;
(4) February 28, 2007, for calendar year 2006; and
(5) February 29, 2008, for calendar year 2007.
(h) (i) Failure of a certified provider to submit the information
required under subsection
(e) (f) may result in suspension or
termination of the provider's certification.
(i) (j) The division shall report to the governor and the legislative
council the failure of a certified provider to provide information
required by subsection
(e). (f).
(j) (k) The division shall distribute the report prepared under
subsection
(d) (e) to the governor and legislative council.
(k) (l) The first report the division is required to prepare under
subsection
(d) (e) is due not later than September 30, 1999.
(l) (m)The division shall establish a central registry to receive the
information required by subsection
(d)(9). (e)(9).
(m) (n) A report distributed under this SECTION to the
legislative council must be in an electronic format under IC 5-14-6.
(o) This SECTION expires July 1, 2008.