Sec. 3. (a) As used in this section, “controlled substance” has the meaning set forth in IC 35-48-1.

     (b) An individual who is a school bus driver and who knowingly and intentionally:

(1) consumes a controlled substance or an intoxicating liquor within six (6) hours before:

(A) going on duty; or

(B) operating a school bus; or

(2) consumes or possesses a controlled substance or an intoxicating liquor while on duty or while operating a school bus;

commits a Class A misdemeanor.

     (c) It is a defense in a prosecution under this section if a controlled substance is consumed or possessed in accordance with a medical prescription issued by an Indiana physician to the individual who consumes or possesses the controlled substance.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-9.1-3-1.6.]

As added by P.L.1-2005, SEC.11.