IC 16-41-7.5-5.5: Prohibition 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.