Indiana § 16-41-7-5 - Violations

§ 16-41-7-5. Violations

Sec. 5. (a) Except as provided in IC 35-45-21-3, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.

(b) Each day a violation continues constitutes a separate offense.

[Pre-1993 Recodification Citation: 16-1-35-1.]

As added by P.L.2-1993, SEC.24. Amended by P.L.1-1999, SEC.47; P.L.158-2013, SEC.240.

IC 16-41-7.5Chapter 7.5. Communicable Disease: Syringe Exchange Program

16-41-7.5-1"Local health department" 16-41-7.5-2"Program" 16-41-7.5-3"Qualified entity" 16-41-7.5-4Location of programs; complying with requirements 16-41-7.5-5Requirements to operate a program 16-41-7.5-5.5Prohibition on operating near certain facilities; exception; violations 16-41-7.5-6Duties 16-41-7.5-6.4Program eligibility 16-41-7.5-6.5Prohibition on providing chemical reagents or precursors 16-41-7.5-7Suspension or termination 16-41-7.5-8Use of state funds 16-41-7.5-9Attending a program does not constitute reasonable suspicion or probable cause 16-41-7.5-10Program reports 16-41-7.5-11Request for public health emergency declaration; approval and denial; renewal; notification of state health commissioner 16-41-7.5-12State department report 16-41-7.5-13Governor's authority 16-41-7.5-14Expiration of chapter

IC 16-41-7.5-1"Local health department" Sec. 1. As used in this chapter, "local health department" refers to:

(1) a local health department established under IC 16-20; or

(2) the health and hospital corporation created under IC 16-22-8.

As added by P.L.208-2015, SEC.9.

IC 16-41-7.5-2"Program" Sec. 2. As used in this chapter, "program" means a syringe exchange program operated under this chapter.

As added by P.L.208-2015, SEC.9.

IC 16-41-7.5-3"Qualified entity" Sec. 3. As used in this chapter, "qualified entity" means any of the following:

(1) A local health department.

(2) A municipality (as defined by IC 36-1-2-11) that operates a program within the boundaries of the municipality.

(3) A nonprofit organization that operates a program and has been approved by official action to operate the program by:

(A) the local health department;

(B) the executive body of the county; or

(C) the legislative body of a municipality for the operation of a program within the boundaries of the municipality.

As added by P.L.208-2015, SEC.9.

IC 16-41-7.5-4Location of programs; complying with requirements Sec. 4. (a) A qualified entity may operate a program only in a county or municipality where:

(1) a public health emergency has been declared; or

(2) a program has been approved;

under section 5 of this chapter. However, a qualified entity may not operate a program outside of the jurisdictional area of the governmental body that approved the qualified entity.

(b) A qualified entity that meets the requirements in subsection (a) and complies with the requirements of this chapter may operate a program.

As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.1.

IC 16-41-7.5-5Requirements to operate a program Sec. 5. Before a qualified entity may operate a program in a county, the following shall occur:

(1) The local health officer or the executive director must declare to the executive body of the county or the legislative body of the municipality the following:

(A) There is an epidemic of hepatitis C or HIV.

(B) That the primary mode of transmission of hepatitis C or HIV in the county is through intravenous drug use.

(C) That a syringe exchange program is medically appropriate as part of a comprehensive public health response.

(2) The legislative body of the municipality or the executive body of the county must do the following:

(A) Conduct a public hearing that allows for public testimony.

(B) Take official action adopting the declarations under subdivision (1) by the local health officer or the executive director in consideration of the public health for the area and, if the program complies with section 6 of this chapter and is within the jurisdictional limits of the county or municipality that the body represents, either:

(i) approve the operation of the program; or

(ii) submit a request under subdivision (3) to the state health commissioner.

(3) The legislative body of the municipality or the executive body of the county that took official action under subdivision (2) either:

(A) notifies the state health commissioner of the body's actions under subdivision (2), including:

(i) the period of time considered medically appropriate for the program;

(ii) whether a renewal or an extension of the program can occur; and

(iii) other measures taken concerning the epidemic that have proven ineffective; or

(B) if the body does not approve the operation of a program under subdivision (2)(B)(i) and submits a request under subdivision (2)(B)(ii), request that the state health commissioner declare a public health emergency and approve the operation of a program.

(4) If subdivision (3)(B) applies, the state health commissioner has declared a public health emergency for the county or municipality and approved the operation of a program.

As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.2.

IC 16-41-7.5-5.5Prohibition on operating near certain facilities; exception; violations Sec. 5.5. (a) Except as provided in subsection (b), a qualified entity that operates a program under this chapter may not establish or operate a fixed site for the distribution or exchange of a syringe or needle within one thousand (1,000) feet of a:

(1) public school (as defined in IC 20-18-2-15);

(2) nonpublic school (as defined in IC 20-18-2-12);

(3) child care center licensed under IC 12-17.2-4; or

(4) building or structure that is primarily used for religious worship;

as measured in a straight line from the nearest point of the site to the nearest point on the property line of a facility described in subdivisions (1) through (4).

(b) A qualified entity may establish or operate a fixed site for the distribution or exchange of a syringe or needle within one thousand (1,000) feet of a facility described in subsection (a) if the operator of the facility approves the establishment or operation of the fixed site in writing.

(c) This section does not prohibit a qualified entity that operates a program under this chapter from providing any of the following services at a fixed site described in subsection (a):

(1) Distributing an overdose intervention drug.

(2) Providing a referral or education services.

(3) Accepting a used syringe or needle for safe disposal.

(d) If a qualified entity that operates a program under this chapter violates this section, the state department may deny, suspend, or revoke the qualified entity's annual registration.

As added by P.L.144-2026, SEC.1.

IC 16-41-7.5-6Duties Sec. 6. A qualified entity that operates a program under this chapter must do the following:

(1) Annually register the program in a manner prescribed by the state department with the:

(A) state department; and

(B) local health department in the county or municipality where services will be provided by the qualified entity if the qualified entity is not the local health department.

(2) Have one (1) of the following licensed in Indiana provide oversight to the qualified entity's programs:

(A) A physician.

(B) A registered nurse.

(C) A physician assistant.

(3) Store and dispose of all syringes and needles collected in a safe and legal manner.

(4) Provide education and training on drug overdose response and treatment, including the administration of an overdose intervention drug.

(5) Provide drug addiction treatment information and referrals to drug treatment programs, including programs in the local area and programs that offer medication assisted treatment that includes a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

(6) Provide only one (1) sterile syringe and needle in exchange for each used syringe and needle.

(7) Operate in a manner consistent with public health and safety.

(8) Ensure the program is medically appropriate and part of a comprehensive public health response.

(9) Keep sufficient quantities of an overdose intervention drug (as defined in IC 16-18-2-263.9) in stock and to administer in accordance with IC 16-42-27.

(10) Provide testing for communicable diseases, and if an individual tests positive for a communicable disease, provide health care services or a referral to a health care provider for the services.

(11) Establish a referral process for program participants in need of:

(A) information or education concerning communicable diseases; or

(B) health care.

(12) Maintain data concerning drug treatment referrals made under subdivision (5), including treatment efficacy.

As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.3; P.L.112-2020, SEC.26; P.L.144-2026, SEC.2.

IC 16-41-7.5-6.4Program eligibility Sec. 6.4. To be eligible to participate in a program operated under this chapter, an individual must:

(1) be a resident of either:

(A) a county within the Indiana housing and community development authority's balance of state continuum of care region in which the qualified entity is located; or

(B) Marion County or a county that is contiguous to Marion County, if the qualified entity is located in Marion County; and

(2) present valid identification.

As added by P.L.144-2026, SEC.3.

IC 16-41-7.5-6.5Prohibition on providing chemical reagents or precursors Sec. 6.5. A qualified entity that operates a program under this chapter may not provide chemical reagents or precursors (as defined in IC 35-48-4-14.5).

As added by P.L.144-2026, SEC.4.

IC 16-41-7.5-7Suspension or termination Sec. 7. (a) The legislative body of the municipality, the executive body of the county, or the local health department that approved a qualified entity to operate a program under this chapter may terminate the qualified entity's approval.

(b) If the state department receives a complaint regarding noncompliance of a qualified entity that operates a program under this chapter, the state health commissioner shall investigate and determine the qualified entity's compliance with section 6 of this chapter. If the state health commissioner determines that the qualified entity has failed to comply with section 6 of this chapter, the state health commissioner may suspend or terminate the approval of a qualified entity.

(c) If a person described in subsection (a) or (b) terminates the approval of a qualified entity, the person shall notify the other person with authority to terminate that is described in subsection (a) or (b) of the termination.

As added by P.L.208-2015, SEC.9. Amended by P.L.144-2026, SEC.5.

IC 16-41-7.5-8Use of state funds Sec. 8. A state agency may not provide funds to a qualified entity to purchase or otherwise acquire hypodermic syringes or needles for a program under this chapter.

As added by P.L.208-2015, SEC.9.

IC 16-41-7.5-9Attending a program does not constitute reasonable suspicion or probable cause Sec. 9. (a) A law enforcement officer may not stop, search, or seize an individual based on the fact the individual has attended a program under this chapter.

(b) The fact an individual has attended a program under this chapter may not be the basis, in whole or in part, for a determination of probable cause or reasonable suspicion by a law enforcement officer.

As added by P.L.208-2015, SEC.9. Amended by P.L.44-2016, SEC.1.

IC 16-41-7.5-10Program reports Sec. 10. A program shall file a quarterly report with the state department. The report must contain the following information listed on a daily basis and by the location, identified by the postal ZIP code, where the program distributed and collected syringes and needles:

(1) The number of individuals served.

(2) The number of syringes and needles collected.

(3) The number of syringes and needles distributed.

The state department may request that a qualified entity supply additional information concerning the program operated by the qualified entity, including data concerning referrals to services.

As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.4.

IC 16-41-7.5-11Request for public health emergency declaration; approval and denial; renewal; notification of state health commissioner Sec. 11. (a) If the state health commissioner receives a request to declare a public health emergency under this chapter, the state health commissioner shall approve, deny, or request additional information concerning the request under section 5 of this chapter not later than ten (10) calendar days from the date the request is submitted to the state health commissioner. If additional information is:

(1) requested by the state health commissioner; and

(2) provided by the entity seeking the declaration;

the state health commissioner shall approve or deny the request not later than ten (10) calendar days from the submission date of the additional information.

(b) A program established under this chapter may remain in effect for not more than two (2) years from the date approved under this chapter. However:

(1) the state health commissioner may:

(A) upon the request of the executive body of the county or the legislative body of the municipality that requested the initial declaration and approval, renew the declaration of a public health emergency and operation of the program for not more than two (2) years; or

(B) terminate a program; or

(2) the legislative body of the municipality or the executive body of the county that initially approved the program may, through official action:

(A) renew the program for not more than two (2) years; or

(B) terminate a program;

when warranted.

(c) The legislative body of the municipality or the executive body of the county shall notify the state health commissioner in writing immediately of any of the following:

(1) A renewal of a program under subsection (b) and the period of time of the renewal.

(2) The expiration or termination of a program.

(3) A change in the qualified entity administering the program.

As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.5.

IC 16-41-7.5-12State department report Sec. 12. (a) Before November 1 of each year, the state department shall submit a report concerning syringe exchange programs operated under this chapter to the governor and to the general assembly in an electronic format under IC 5-14-6.

(b) Before November 1, 2020, as part of the report to the general assembly required under subsection (a), the state department shall ensure the report includes the following additional information concerning the program:

(1) The number of programs operating in Indiana.

(2) The data, compiled for each program, reported to the state department under section 10 of this chapter.

(3) Any other information the state department deems relevant to the general assembly in assessing the effectiveness of having a program in the state.

As added by P.L.208-2015, SEC.9. Amended by P.L.112-2020, SEC.27.

IC 16-41-7.5-13Governor's authority Sec. 13. This chapter may not be construed to preclude the governor from taking any action within the governor's authority.

As added by P.L.208-2015, SEC.9.

IC 16-41-7.5-14Expiration of chapter Sec. 14. This chapter expires July 1, 2031.

As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.6; P.L.112-2020, SEC.28; P.L.130-2021, SEC.15; P.L.144-2026, SEC.6.

IC 16-41-8Chapter 8. Communicable Disease: Confidentiality Requirements

16-41-8-0.2"Business associate" 16-41-8-0.5"Covered entity" 16-41-8-1"Potentially disease transmitting offense" 16-41-8-2Voluntary contact notification program information; use as evidence; release 16-41-8-3Violations 16-41-8-4Procedure for obtaining medical information concerning a person charged with certain offenses 16-41-8-5Medical screening of a person charged with certain offenses 16-41-8-6Right of a victim to require certain defendants to undergo HIV testing; procedures