Title 16, HEALTH

Sec. 19. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 16 of this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-…

Sec. 2. (a) A person in attendance at a live birth shall do the following: (1) File with the local health officer the following: (A) A certificate of birth. (B) Any paternity affidavit executed under section 2.1(c)(1) of this chapter. Except as provided in IC 16-37-1-3.1(f), the …

Sec. 2.1. (a) A paternity affidavit may be executed as provided in this section through: (1) a hospital; or (2) a local health department. (b) Immediately before or after the birth of a child who is born out of wedlock, a person who attends or plans to attend the birth, including…

Sec. 3. A certificate of birth shall be filed not more than five (5) days after the birth occurs. [Pre-1993 Recodification Citation: 16-1-16-3.] As added by P.L.2-1993, SEC.20.

Sec. 4. A local health officer may accept a certificate of birth presented for filing not more than twelve (12) months after the birth occurred if the attending physician, certified nurse midwife, certified direct entry midwife, or other person desiring to file the certificate st…

Sec. 5. A certificate of birth presented for filing more than twelve (12) months after the birth occurred is a delayed certificate of birth and the record shall be filed only with the state department. [Pre-1993 Recodification Citation: 16-1-16-8.] As added by P.L.2-1993, SEC.20.…

Sec. 6. The state department shall adopt rules concerning the application for, the supporting documents for, and the acceptance of delayed certificates of birth. The state department shall keep delayed certificates of birth in a file separate from other certificates of birth. [Pr…

Sec. 7. The state department shall issue a certificate of birth registration without charge to the applicant for a delayed certificate of birth if the state department finds the application is properly executed. [Pre-1993 Recodification Citation: 16-1-16-10.] As added by P.L.2-19…

Sec. 8. The probative value of a delayed certificate of birth shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. [Pre-1993 Recodification Citation: 16-1-16-11.] As added by P.L.2-1993, SEC.20.

Sec. 9. (a) The local health officer shall make a permanent record of the following from a birth certificate: (1) Name. (2) Sex. (3) Date of birth. (4) Place of birth. (5) Name of the parents. (6) Birthplace of the parents. (7) The date of filing of the certificate of birth. (8) …

Sec. 1. (a) The state department shall establish a cancer registry for the purpose of: (1) recording: (A) all cases of malignant disease; and (B) other tumors and precancerous diseases required to be reported by: (i) federal law or federal regulation; or (ii) the National Program…

Sec. 10. The state department shall adopt rules under IC 4-22-2 necessary to carry out this chapter. [Pre-1993 Recodification Citation: 16-4-9-9.] As added by P.L.2-1993, SEC.21.

Sec. 11. Not later than December 31 of each year, the department shall publish and make available to the public an annual report summarizing the information collected under this chapter during the previous calendar year. As added by P.L.93-2001, SEC.2. Amended by P.L.17-2004, SEC…

Sec. 2. The state department shall, to the greatest extent possible, utilize information compiled by public or private cancer registries in the development of a statewide cancer registry under this chapter. [Pre-1993 Recodification Citation: 16-4-9-3(b).] As added by P.L.2-1993, …

Sec. 3. (a) The following persons shall report to the cancer registry each confirmed case of cancer and other tumors and precancerous diseases required to be recorded under section 1 of this chapter: (1) Physicians. (2) Dentists. (3) Hospitals. (4) Medical laboratories. (5) Ambul…

Sec. 4. Except as provided in sections 5, 6, and 7 of this chapter, information obtained under this chapter by the state department concerning individual cancer patients is for the confidential use of the state department only. [Pre-1993 Recodification Citation: 16-4-9-5(a).] As …

Sec. 5. The state department shall grant any person involved in a legitimate research activity access to confidential information concerning individual cancer patients obtained by the state department under this chapter if all of the following conditions are met: (1) The person c…

Sec. 6. Researchers may, with the approval of the state department, use the names of individual cancer patients when requesting additional information for research purposes or soliciting an individual patient's participation in a research project. However, if a researcher request…

Sec. 7. The state department may release confidential information concerning individual cancer patients to the following: (1) The cancer registry of another state if the following conditions are met: (A) The other state has entered into a reciprocal agreement with the state depar…

Sec. 8. A person who reports information to the cancer registry system under this chapter is immune from any civil or criminal liability that might otherwise be imposed because of the release of what is otherwise confidential information. [Pre-1993 Recodification Citation: 16-4-9…

Sec. 9. This chapter does not prevent the release to any interested person of epidemiological information that does not identify individual cancer patients. [Pre-1993 Recodification Citation: 16-4-9-8.] As added by P.L.2-1993, SEC.21.

Sec. 1. This chapter applies only to mental health records. [Pre-1993 Recodification Citation: 16-4-8-3.1(a).] As added by P.L.2-1993, SEC.22.

Sec. 10. For the purposes of this chapter, consent to the release of a deceased patient's record may be given by the personal representative of the patient's estate. If there is no appointment of a personal representative, consent may be given by: (1) the patient's spouse; or (2)…

Sec. 11. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter. [Pre-1993 Recodification Citation: 16-4-8-3.1(k).] As added by P.L.2-1993, SEC.22. Amended by P.L.102-1994, SEC.3.

Sec. 12. This chapter does not prohibit the application to mental health records of any law concerning health records that is not addressed by this chapter. As added by P.L.4-1997, SEC.9.

Sec. 2. A record for each patient receiving mental health services shall be maintained by the provider. The mental health record must contain the information that the division of mental health and addiction, the division of disability, aging, and rehabilitative services, or the s…

Sec. 3. A patient's mental health record is confidential and shall be disclosed only with the consent of the patient unless otherwise provided in the following: (1) This chapter. (2) IC 16-39-3. (3) IC 16-39-4. (4) IC 16-39-5-3. [Pre-1993 Recodification Citation: 16-4-8-3.1(c).] …

Sec. 4. A patient is entitled to inspect and copy the patient's own mental health record. However, if the provider that is responsible for the patient's mental health records determines for good medical cause, upon the advice of a physician, that the information requested under t…

Sec. 5. (a) This section applies to private and public treating providers. (b) Upon a patient’s written request and reasonable notice, a patient's mental health record shall be made available for inspection and copying by the provider at any time to an individual or organization …

Sec. 5.5. (a) Each psychiatric crisis center, psychiatric inpatient unit, and psychiatric residential treatment provider shall do the following: (1) Collaboratively develop an individualized mental health safety plan with each patient. (2) Explain the benefits of coordinating car…

Sec. 6. (a) Without the consent of the patient, the patient's mental health record may only be disclosed as follows: (1) To individuals who meet the following conditions: (A) Are employed by: (i) the provider at the same facility or agency; (ii) a managed care provider (as define…

Sec. 7. Except as provided in section 8 of this chapter, the mental health record is not discoverable or admissible in any legal proceeding without the consent of the patient. [Pre-1993 Recodification Citation: 16-4-8-3.1(g).] As added by P.L.2-1993, SEC.22.

Sec. 8. (a) The court may order the release of the patient's mental health record without the patient's consent upon the showing of good cause following a hearing under IC 16-39-3 or in a proceeding under IC 31-30 through IC 31-40 following a hearing held under the Indiana Rules …

Sec. 9. (a) For the purposes of this chapter, the following persons are entitled to exercise the patient's rights on the patient's behalf: (1) If the patient is a minor, the parent, guardian, or other court appointed representative of the patient. (2) If the provider determines t…

Sec. 1. (a) The state department may adopt rules under IC 4-22-2 that establish reporting, monitoring, and preventive procedures for communicable diseases. (b) The state department shall publish a list of: (1) reportable communicable diseases; (2) other diseases or conditions tha…

Sec. 2. Each: (1) licensed physician; (2) administrator of a hospital licensed under IC 16-21-2 or the administrator's representative; or (3) director of a medical laboratory or the director's representative; shall report to the local or state health officer designated by the sta…

Sec. 3. (a) The following persons shall report to the state department each case of human immunodeficiency virus (HIV) infection, including each confirmed case of acquired immune deficiency syndrome (AIDS): (1) A licensed physician. (2) A hospital licensed under IC 16-21. (3) A m…

Sec. 4. A patient's privilege with respect to a physician under IC 34-46-3-1 is waived regarding information reported to a local or state health officer under this chapter. [Pre-1993 Recodification Citation: 16-1-9.5-2(h).] As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, S…

Sec. 5. A person who reports information as required by this chapter does not satisfy the duties that exist under IC 16-41-7-3 or other laws to provide notification to persons identified as being at significant risk of being infected by the individual who is the subject of the re…

Sec. 6. A person who makes a report under this chapter in good faith is not subject to liability in: (1) a civil; (2) an administrative; (3) a disciplinary; or (4) a criminal; action. [Pre-1993 Recodification Citation: 16-1-9.5-2(f).] As added by P.L.2-1993, SEC.24.…

Sec. 7. A person who knowingly or recklessly makes a false report under this chapter is civilly liable for actual damages suffered by a person who is falsely reported and for punitive damages. [Pre-1993 Recodification Citation: 16-1-9.5-2(g).] As added by P.L.2-1993, SEC.24.

Sec. 8. A person who fails to report information as required by this chapter commits a Class A infraction. [Pre-1993 Recodification Citation: 16-1-9.5-2(d).] As added by P.L.2-1993, SEC.24.

Sec. 9. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993,…

Sec. 1. (a) Whenever any definitions or standard of identity, quality, or fill of container for any food or class of food are promulgated under authority of the Federal Act or the Federal Meat Inspection Act of 1907, as amended, the state department shall adopt definitions and st…

Sec. 1.1. (a) The state veterinarian shall act in place of the state health commissioner under this chapter when impounding or disposing of adulterated or misbranded products under IC 15-17-5 or IC 15-18-1. (b) The Indiana state board of animal health shall act in place of the In…

Sec. 2. (a) A food is considered adulterated under any of the following conditions: (1) If the food bears or contains any poisonous or deleterious substance that may make the food injurious to health. However, if the substance is not an added substance, the food is not to be cons…