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

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

Sec. 11. (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.

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.

IC 35-48-4Chapter 4. Offenses Relating to Controlled Substances

35-48-4-0.1Application of certain amendments to chapter 35-48-4-0.5Controlled substance analog; factors 35-48-4-1Dealing in cocaine or narcotic drug 35-48-4-1.1Dealing in methamphetamine 35-48-4-1.2Manufacturing methamphetamine 35-48-4-1.5Dealing in a controlled substance by a practitioner 35-48-4-2Dealing in a schedule I, II, or III controlled substance or controlled substance analog 35-48-4-3Dealing in a schedule IV controlled substance or controlled substance analog 35-48-4-4Dealing in a schedule V controlled substance or controlled substance analog 35-48-4-4.1Dumping controlled substance waste 35-48-4-4.5Repealed 35-48-4-4.6Unlawful delivery, manufacture, distribution, or possession of a substance represented to be a controlled substance; factors 35-48-4-5Dealing in a counterfeit substance 35-48-4-6Possession of cocaine or narcotic drug 35-48-4-6.1Possession of methamphetamine 35-48-4-7Possession of a controlled substance or controlled substance analog; obtaining a schedule V controlled substance 35-48-4-8Repealed 35-48-4-8.1Manufacture of paraphernalia 35-48-4-8.2Repealed 35-48-4-8.3Possession of paraphernalia 35-48-4-8.5Dealing in paraphernalia 35-48-4-9Repealed 35-48-4-10Dealing in marijuana, hash oil, hashish, or salvia 35-48-4-10.1Dealing in smokable hemp; exception for transit through state 35-48-4-10.5Repealed 35-48-4-11Possession of marijuana, hash oil, hashish, or salvia 35-48-4-11.5Repealed 35-48-4-12Conditional discharge for possession as first offense 35-48-4-12.5Priority enrollment in certain treatment programs; exceptions 35-48-4-13Repealed 35-48-4-13.3Repealed 35-48-4-14Offenses relating to registration labeling and prescription forms 35-48-4-14.3Extraction resistant or conversion resistant ephedrine or pseudoephedrine 35-48-4-14.5Possession or sale of drug precursors 35-48-4-14.7Pharmacy or NPLEx retailer; sale of ephedrine or pseudoephedrine; maximum purchase amounts; record keeping and electronic transmission of sales to NPLEx; suspicious orders and thefts; liability 35-48-4-15Repealed 35-48-4-16Defenses to charge of selling narcotics near school or park 35-48-4-17Restitution for environmental cleanup 35-48-4-18Xylazine