CHAPTER 23. DRUGS: USE OF AMYGDALIN (LAETRILE)
IC 16-42-23
Chapter 23. Drugs: Use of Amygdalin (Laetrile)
IC 16-42-23-1
Health care facilities; restrictions on use
Sec. 1. Except as provided in section 8 of this chapter, a hospitalor other health care facility may not interfere with thephysician-patient relationship by restricting or forbidding the use ofamygdalin (laetrile) as an adjunct to recognized, customary, oraccepted modes of therapy in the treatment of any malignancy,disease, illness, or physical condition if the following conditionsexist:
(1) Amygdalin (laetrile) is prescribed or administered by aphysician holding an unlimited license for the practice ofmedicine in Indiana.
(2) The patient has signed the "written informed request" as setforth in section 5 of this chapter.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-2
Disciplinary action against attending physician
Sec. 2. A physician may not be subjected to disciplinary action bythe medical licensing board of Indiana for prescribing oradministering amygdalin (laetrile) to a patient under the physician'scare as an adjunct to recognized, customary, or accepted modes oftherapy in the treatment of a malignancy, a disease, an illness, or aphysical condition if the patient has signed the written informedrequest as set forth in section 5 of this chapter.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-3
Prescription or administration permitted with written informedrequest
Sec. 3. A physician may prescribe or administer amygdalin(laetrile) instead of or in addition to customary or accepted modes oftherapy in the treatment of a malignancy, a disease, an illness, or aphysical condition of a patient who has signed the written informedrequest as set forth in section 5 of this chapter.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-4
Construction of chapter
Sec. 4. (a) This chapter does not constitute an endorsement ofamygdalin (laetrile) for the treatment of a malignancy, a disease, anillness, or a physical condition.
(b) This chapter does not prevent a physician from prescribingamygdalin (laetrile) as a dietary supplement to a patient not sufferingfrom a known malignancy, disease, illness, or physical conditionupon execution of the written informed request.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-5
Written informed request form
Sec. 5. (a) The written informed request must be on a formprepared by and obtained from the medical licensing board ofIndiana and must be in substance as follows:
WRITTEN INFORMED REQUEST
FOR PRESCRIPTION OF AMYGDALIN
(LAETRILE) FOR MEDICAL
TREATMENT
Patient's name __________________________
Address _________________________________
Age ________ Sex ___________
Name and address of prescribing physician
_________________________________________
Malignancy, disease, illness, or physical condition diagnosed formedical treatment by amygdalin (laetrile) or the use of amygdalinas a dietary supplement:
________________________________________
________________________________________
My physician has explained the following to me:
(1) That the manufacture and distribution of amygdalin(laetrile) has been banned by the Federal Food and DrugAdministration.
(2) That neither the American Cancer Society, the AmericanMedical Association, nor the Indiana State Medical Associationrecommend use of amygdalin (laetrile) in the treatment of amalignancy, a disease, an illness, or a physical condition.
(3) That there are alternative recognized treatments for themalignancy, disease, illness, or physical condition from whichI suffer that my physician has offered to provide for me,including the following:
(Here describe)
______________________________________
______________________________________
Notwithstanding this explanation, I request prescription and useof amygdalin (laetrile):
(1) in the medical treatment of the malignancy, disease, illness,or physical condition from which I suffer ( ); or
(2) as a dietary supplement ( ).
(Check (1) or (2))
________________________________________
Patient or person signing for patient
ATTEST:
__________________________________
Prescribing physician
(b) A copy of the written informed request shall be forwardedafter execution to the medical licensing board of Indiana forappropriate filing.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-6
Regulation of use, sale, prescription, manufacture, or distributionwithin state
Sec. 6. (a) Amygdalin (laetrile) is not a drug or a controlledsubstance under Indiana statutes governing the use, manufacture, ordistribution of drugs and controlled substances within Indiana.
(b) A physician may prescribe amygdalin (laetrile) under thischapter as a treatment that may be prescribed underIC 25-22.5-1-1.1(f).
(c) The state department and the Indiana board of pharmacy mayregulate the manufacture, distribution, and sale of amygdalin(laetrile) for use within Indiana only to ensure that the substance isnot adulterated or misbranded within the meaning of IC 16-42-3.
(d) The state department may not adopt a rule that prohibits theuse of amygdalin (laetrile) in a hospital, an ambulatory outpatientsurgical center, or a health care facility licensed by the statedepartment.
(e) The Indiana board of pharmacy may not adopt a rule thatprohibits the manufacture, distribution, or sale of amygdalin (laetrile)by a person or in any place licensed by the Indiana board ofpharmacy.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-7
Required manufacture, sale, distribution, or prescription
Sec. 7. (a) This chapter does not require a:
(1) physician;
(2) pharmacist;
(3) pharmacy;
(4) manufacturer; or
(5) distributor;
to manufacture, sell, or distribute amygdalin (laetrile).
(b) This chapter does not require a physician to prescribeamygdalin (laetrile) for a patient.
As added by P.L.2-1993, SEC.25.
IC 16-42-23-8
Federal funding of health care facilities
Sec. 8. If:
(1) the federal government indicates that the federal governmentwill withdraw all federal funds from a health care facility forallowing amygdalin (laetrile) to be used within the facility; and
(2) providing or allowing use of amygdalin (laetrile) within thefacility would jeopardize the receipt of:
(A) federal funds for reimbursement for Medicare orMedicaid for all persons within the facility; or
(B) construction funds provided by the federal governmentunder the Hill-Burton Hospital Construction Program (42U.S.C. 291 et seq.) or under Title XVI of the Public HealthServices Act (42 U.S.C. 300q-300t);the hospital or other health care facility may prohibit the use ofamygdalin (laetrile) within the hospital or facility.
As added by P.L.2-1993, SEC.25.