IC 16-41-19
    Chapter 19. Prevention and Treatment Programs: Provision ofFree Drugs and Vaccines to Indigents

IC 16-41-19-1
Biologicals
    Sec. 1. As used in this chapter, "biologicals" means drugs andvaccines.
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 chargediphtheria, scarlet fever, and tetanus (lockjaw) antitoxin and rabiesvaccine to persons financially unable to purchase the antitoxin orvaccine, 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 necessaryapplication forms to all local health officers for the administration ofsection 2 of this chapter and IC 12-20-16-14. The local healthofficers shall supply physicians with the forms on request. Theapplication forms shall be designed to provide the statisticalinformation 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 freebiologicals as provided in this chapter and IC 12-20-16-14 shall signin ink the following affirmation printed on the application form:
        I solemnly affirm that the free biologicals applied for will beadministered to the person named above, and it is my beliefafter inquiry that the person is financially unable to pay for thebiologicals.
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 andsigned in ink by a physician, any dealer may supply the biologicalscalled 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 properfinancial officer, the application form constitutes a legal claim for the

market price of the furnished biologicals against the appropriatecounty, township, city, or town in which biologicals are used andagainst 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 areincurred 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 theapplication form is issued from general funds; and
        (2) the appropriate township against which the application formis issued from funds in the township assistance fund;
not otherwise appropriated without appropriations.
    (b) A township is not responsible for paying for biologicals asprovided in subsection (a)(2) if the township trustee has evidencethat the individual has the financial ability to pay for the biologicals.
    (c) After being presented with a legal claim for insulin beingfurnished to the same individual a second time, a township trusteemay require the individual to complete and file a standard applicationfor township assistance in order to investigate the financial conditionof the individual claiming to be indigent. The trustee shallimmediately notify the individual's physician that:
        (1) the financial ability of the individual claiming to be indigentis in question; and
        (2) a standard application for township assistance must be filedwith the township.
The township shall continue to furnish insulin under this section untilthe township trustee completes an investigation and makes adetermination as to the individual's financial ability to pay forinsulin.
    (d) For purposes of this section, the township shall consider anadult individual needing insulin as an individual and not as a memberof 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 allcases in which free biologicals are furnished in the local healthofficer's jurisdiction. The local health officer shall, by the fifth dayof each month, send information concerning the preceding month asrequired 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 tolocal health officers for immunization of individuals financiallyunable to purchase the biologicals.
    (b) The state department shall determine the procedures necessaryfor 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 whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.