Title 16, TITLE 16. HEALTH

Sec. 9. The state department shall extend care, services, and materials provided under this chapter to persons with cystic fibrosis who are at least twenty-one (21) years of age. The services shall be extended under the same criteria that are applicable to persons who are less th…

Sec. 1. For purposes of this chapter, "autopsy" means the dissection of a dead body for the purpose of ascertaining the cause, seat, and nature of a disease or for the purpose of inquiring into the cause of death. [Pre-1993 Recodification Citation: 16-8-1-1.] As added by P.L.2-19…

Sec. 2. For the purpose of this chapter, the consent to an autopsy must contain the purpose of and extent of the dissection so authorized and may be obtained only by the use of at least one (1) of the following: (1) A written instrument. (2) A telegram. (3) A witnessed telephone …

Sec. 3. (a) For the purpose of this chapter, consent for a licensed physician to conduct an autopsy of the body of a deceased person is sufficient when given by the following persons if the persons survive the deceased: (1) By the surviving spouse. However, if the deceased and th…

Sec. 4. Consent to an autopsy in accordance with this chapter is conclusive as to any rights in the body of a deceased person as against any claim by any other person, but only for the purpose of performing the autopsy. [Pre-1993 Recodification Citation: 16-8-1-5.] As added by P.…

Sec. 5. This chapter supplements the laws concerning autopsies and does not do any of the following: (1) Repeal, modify, or amend laws concerning autopsies. (2) Require consent for a coroner to perform an autopsy in the discharge of the coroner's duties. [Pre-1993 Recodification …

Sec. 1. As used in this chapter, "person in attendance at birth" means one (1) of the following: (1) A licensed attending physician. (2) A certified direct entry midwife or a certified nurse midwife. (3) Another individual who: (A) holds a license of the type designated by the go…

evidence Sec. 10. (a) As used in this section, "DNA test" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared with the genetic codes of another individual. (b) The state depa…

Sec. 11. A person who assumes custody of a child of unknown parentage shall report immediately to the local health officer. [Pre-1993 Recodification Citation: 16-1-16-13.] As added by P.L.2-1993, SEC.20.

Sec. 12. The local health officer shall prepare a certificate of birth for a child of unknown parentage. The place where the child was found or where custody was assumed shall be known as the place of birth and the date of birth shall be determined by approximation. If the child …

Sec. 13. A child born out of wedlock shall be recorded: (1) under the name of the mother; or (2) as directed in a paternity affidavit executed under section 2.1 of this chapter. [Pre-1993 Recodification Citation: 16-1-16-15.] As added by P.L.2-1993, SEC.20. Amended by P.L.46-1995…

Sec. 14. If a paternity affidavit executed under section 2.1 of this chapter is filed with a local health officer, the local health officer shall do the following: (1) Correct the local record of birth by adding the name of the father to the certificate of birth. (2) File a copy …

marry Sec. 15. If the parents of a child born out of wedlock in Indiana later marry, the child shall legally take the last name of the father. [Pre-1993 Recodification Citation: 16-4-1-1.] As added by P.L.2-1993, SEC.20.

parents; correction of records Sec. 16. If a man claiming to be the child's biological father marries the mother of a child born out of wedlock, the man and the mother may produce proof of the marriage and execute a paternity affidavit under section 2.1 of this chapter. The local…

[Pre-1993 Recodification Citation: 16-4-1-2.] As added by P.L.2-1993, SEC.20. Repealed by P.L.257-1997(ss), SEC.41.

Sec. 18. If a certificate of birth is issued from the record described in section 16 of this chapter, the certificate: (1) must include: (A) the full name of the child; (B) the date and place of birth; (C) the name of the father; (D) the maiden name of the mother; and (E) other d…

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-…

for filing or preparation; release of paternity affidavit 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 t…

agreement; penalty; effect of paternity affidavit; genetic test; opportunity to consult 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 …

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…

certificate applicant 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.…

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.

limits 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 and rehabilitative services, or the st…

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…

request 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 organ…

plans 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 coordinati…

immunities 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…

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.

provision of records 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 und…

fees 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 determi…