CHAPTER 19. PREVENTION AND TREATMENT PROGRAMS: PROVISION OF FREE DRUGS AND VACCINES TO INDIGENTS
IC 16-41-19
Chapter 19. Prevention and Treatment Programs: Provision of
Free Drugs and Vaccines to Indigents
IC 16-41-19-1
Biologicals
Sec. 1. As used in this chapter, "biologicals" means drugs and
vaccines.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-2
Antitoxins and vaccines
Sec. 2. All counties, cities, and towns shall supply without charge
diphtheria, scarlet fever, and tetanus (lockjaw) antitoxin and rabies
vaccine to persons financially unable to purchase the antitoxin or
vaccine, upon the application of a licensed physician.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-3
Application forms
Sec. 3. The state department shall supply the necessary
application forms to all local health officers for the administration of
section 2 of this chapter and IC 12-20-16-14. The local health
officers shall supply physicians with the forms on request. The
application forms shall be designed to provide the statistical
information required by the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-4
Physicians' affirmation
Sec. 4. The physician or advanced practice nurse applying for free
biologicals as provided in this chapter and IC 12-20-16-14 shall sign
in ink the following affirmation printed on the application form:
I solemnly affirm that the free biologicals applied for will be
administered to the person named above, and it is my belief
after inquiry that the person is financially unable to pay for the
biologicals.
As added by P.L.2-1993, SEC.24. Amended by P.L.262-2003, SEC.8.
IC 16-41-19-5
Supply of biologicals
Sec. 5. On receipt of an official form properly filled out and
signed in ink by a physician, any dealer may supply the biologicals
called for in the application form.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-6
Payment claims
Sec. 6. When the application form is filed with the proper
financial officer, the application form constitutes a legal claim for the
market price of the furnished biologicals against the appropriate
county, township, city, or town in which biologicals are used and
against which the application form is issued.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-7
Costs
Sec. 7. (a) Except as provided in subsection (b), all costs that are
incurred in furnishing biologicals under this chapter,
IC 12-20-16-2(c)(13), or IC 12-20-16-14 shall be paid by:
(1) the appropriate county, city, or town against which the
application form is issued from general funds; and
(2) the appropriate township against which the application form
is issued from funds in the township assistance fund;
not otherwise appropriated without appropriations.
(b) A township is not responsible for paying for biologicals as
provided in subsection (a)(2) if the township trustee has evidence
that the individual has the financial ability to pay for the biologicals.
(c) After being presented with a legal claim for insulin being
furnished to the same individual a second time, a township trustee
may require the individual to complete and file a standard application
for township assistance in order to investigate the financial condition
of the individual claiming to be indigent. The trustee shall
immediately notify the individual's physician that:
(1) the financial ability of the individual claiming to be indigent
is in question; and
(2) a standard application for township assistance must be filed
with the township.
The township shall continue to furnish insulin under this section until
the township trustee completes an investigation and makes a
determination as to the individual's financial ability to pay for
insulin.
(d) For purposes of this section, the township shall consider an
adult individual needing insulin as an individual and not as a member
of a household requesting township assistance.
As added by P.L.2-1993, SEC.24. Amended by P.L.259-2001, SEC.9;
P.L.73-2005, SEC.169.
IC 16-41-19-8
Records
Sec. 8. Each local health officer shall make official records of all
cases in which free biologicals are furnished in the local health
officer's jurisdiction. The local health officer shall, by the fifth day
of each month, send information concerning the preceding month as
required by the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-9
Preventive biologicals
Sec. 9. (a) The state department may supply without charge, in the
interest of disease prevention and control, preventive biologicals to
local health officers for immunization of individuals financially
unable to purchase the biologicals.
(b) The state department shall determine the procedures necessary
for the proper administration of this section.
As added by P.L.2-1993, SEC.24.
IC 16-41-19-10
Violations
Sec. 10. (a) Except as otherwise provided, 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.
As added by P.L.2-1993, SEC.24.