SB 91

           Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2025 Regular Session of the General Assembly.
      SENATE ENROLLED ACT No. 91
    AN ACT to amend the Indiana Code concerning health.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 16-41-7.5-5.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: 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
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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.
   SECTION 2. IC 16-41-7.5-6, AS AMENDED BY P.L.112-2020,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. A qualified entity that operates a program
under this chapter must do the following:
     (1) Annually register the program in a manner prescribed by the
     state department with the:
         (A) state department; and
         (B) local health department in the county or municipality
         where services will be provided by the qualified entity if the
         qualified entity is not the local health department.
     (2) Have one (1) of the following licensed in Indiana provide
     oversight to the qualified entity's programs:
         (A) A physician.
         (B) A registered nurse.
         (C) A physician assistant.
     (3) Store and dispose of all syringes and needles collected in a
     safe and legal manner.
     (4) Provide education and training on drug overdose response and
     treatment, including the administration of an overdose
     intervention drug.
     (5) Provide drug addiction treatment information and referrals to
     drug treatment programs, including programs in the local area and
     programs that offer medication assisted treatment that includes a
     federal Food and Drug Administration approved long acting,
     nonaddictive medication for the treatment of opioid or alcohol
     dependence.
     (6) Provide syringe and needle distribution and collection without
     collecting or recording personally identifiable information.
     Provide only one (1) sterile syringe and needle in exchange for
     each used syringe and needle.
     (7) Operate in a manner consistent with public health and safety.
     (8) Ensure the program is medically appropriate and part of a
     comprehensive public health response.
     (9) Keep sufficient quantities of an overdose intervention drug (as
     defined in IC 16-18-2-263.9) in stock and to administer in
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      accordance with IC 16-42-27.
      (10) Provide testing for communicable diseases, and if an
      individual tests positive for a communicable disease, provide
      health care services or a referral to a health care provider for the
      services.
      (11) Establish a referral process for program participants in need
      of:
          (A) information or education concerning communicable
          diseases; or
          (B) health care.
      (12) Maintain data concerning drug treatment referrals made
      under subdivision (5), including treatment efficacy.
   SECTION 3. IC 16-41-7.5-6.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.4. To be eligible to
participate in a program operated under this chapter, an
individual must:
      (1) be a resident of either:
          (A) a county within the Indiana housing and community
          development authority's balance of state continuum of care
          region in which the qualified entity is located; or
          (B) Marion County or a county that is contiguous to
          Marion County, if the qualified entity is located in Marion
          County; and
      (2) present valid identification.
   SECTION 4. IC 16-41-7.5-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 6.5. A qualified entity that
operates a program under this chapter may not provide chemical
reagents or precursors (as defined in IC 35-48-4-14.5).
   SECTION 5. IC 16-41-7.5-7, AS ADDED BY P.L.208-2015,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 7. (a) The following may terminate the
approval of a qualified entity:
      (1) The legislative body of the municipality, the executive body
      of the county, or the local health department that approved the a
      qualified entity to operate a program under this chapter may
      terminate the qualified entity's approval.
   (b) If the state department receives a complaint regarding
noncompliance of a qualified entity that operates a program under
this chapter, the state health commissioner shall investigate and
determine the qualified entity's compliance with section 6 of this
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chapter. (2) The state health commissioner, If the state health
commissioner determines that the qualified entity has failed to comply
with section 6 of this chapter, the state health commissioner may
suspend or terminate the approval of a qualified entity.
   (b) (c) If a person described in subsection (a)(1) or (a)(2)
subsection (a) or (b) terminates the approval of a qualified entity, the
person shall notify the other person with authority to terminate that is
described in subsection (a) subsection (a) or (b) of the termination.
   SECTION 6. IC 16-41-7.5-14, AS AMENDED BY P.L.130-2021,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. This chapter expires July 1, 2026. 2031.
   SECTION 7. An emergency is declared for this act.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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