Title 16, TITLE 16. HEALTH

Sec. 1. (a) The state department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, that establish reporting, monitoring, and preventive procedures for communicable diseases. (b) The state department shall publish a list of: (1) reportable communicab…

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. IC 16-41-2-9 Violations Sec. 9. (a) Except as otherwise provided, a person who recklessly …

honesty and fair dealing; optional ingredients 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 …

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…

Sec. 3. A food is considered to be misbranded under any of the following conditions: (1) If the food's labeling is false or misleading in any way. (2) If the food's labeling or packaging fails to conform with the rules adopted under IC 16-42-1-2. (3) If the food is offered for sa…

Sec. 4. Food that, in accordance with the practice of the trade, is to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where the food was originally processed or packed, is exempt from the affirmative labeling requirem…

Sec. 5. (a) Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, with respect to any particular use or intended use, are considered unsafe for the purpose of application of: (1) sectio…

Sec. 6. (a) Any dairy product, meat, meat product, seafood, poultry, confectionery, bakery product, vegetable, fruit, or other perishable article: (1) that is unsound; (2) that contains any filthy, decomposed, or putrid substance; or (3) that may be poisonous or deleterious to he…

Sec. 7. (a) The state department shall indemnify livestock and poultry producers who, as a result of the direction of a state agency, are required after January 1, 1976, to remove livestock, livestock products, poultry, or poultry products of the producers from commercial markets…

Sec. 8. A person who: (1) knowingly sells, offers for sale, trades, or gives away a recipe or formula for the adulteration or imitation of food; or (2) knowingly teaches or offers to teach any method or means of adulterating any article of food or means of producing or manufactur…

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. 0.5. As used in this chapter, "avgas" means aviation fuel used in piston engine powered aircraft within the general aviation community. As added by P.L.176-2023, SEC.70.

Sec. 1. As used in this chapter, "gasoline" has the meaning set forth in IC 6-6-1.1-103. [Pre-1993 Recodification Citation: 16-6-11-1(e).] As added by P.L.2-1993, SEC.27.

Sec. 1.5. As used in this chapter, "jet fuel" means aviation fuel designed for use in aircraft powered by gas-turbine engines. As added by P.L.176-2023, SEC.71.

[Pre-1993 Recodification Citation: 16-6-11-5.5.] As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.9. Repealed by P.L.123-1994, SEC.3.

Sec. 11. (a) The state department or any authorized agent of the state department may take samples of petroleum products for tests, make inspections at any points inside or outside Indiana, open any original container containing petroleum products, and take a true sample of not l…

Sec. 12. The authorized agents or employees of the state department have the authority of law enforcement officers in the enforcement of this chapter, including the authority to arrest, with or without warrants, and to take offenders to courts for prosecution. [Pre-1993 Recodific…

enforcement Sec. 13. The state department may adopt rules under IC 4-22-2 concerning the following: (1) Methods of inspections. (2) The providing of forms required. (3) Other matters necessary for the enforcement of this chapter. [Pre-1993 Recodification Citation: 16-6-11-6 part.…

Sec. 14. (a) Every agent and employee of any railroad company or other transportation company that has the custody of books or records showing the shipment or receipt of petroleum products shall give and permit the state department or the state department's agents and employees f…

Sec. 15. For the purposes of this chapter, gasoline or kerosene is considered to be received in Indiana as follows: (1) If stored in tanks adjacent to a refinery or a marine or pipeline terminal in Indiana, the gasoline or kerosene is considered to be received when withdrawn from…

Sec. 16. The state department shall keep the records necessary for the purposes of this chapter of all tests and inspections under this chapter. [Pre-1993 Recodification Citation: 16-6-11-8(b) part.] As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.14.

Sec. 17. (a) The state department shall furnish to the person for whom inspections are made under this chapter a certificate of inspection covering each receipt by that person of gasoline or kerosene with respect to which an inspection is made. The certificate must indicate the f…

Sec. 18. (a) The fee imposed by subsection (b): (1) applies to avgas to the same extent and in the same manner as it applies to gasoline; and (2) applies to jet fuel to the same extent and in the same manner as it applies to kerosene; except as provided in subsection (g). (b) Exc…

Sec. 18.5. (a) As used in this section, "special fuel" has the meaning set forth in IC 6-6-2.5-22, except that the term does not include kerosene. (b) Except as provided in subsection (c), fees for the inspection of special fuel shall be at the rate of fifty cents ($0.50) per bar…

Sec. 19. All money collected for inspections under this chapter shall be deposited in the petroleum storage tank excess liability trust fund established by IC 13-23-7-1. [Pre-1993 Recodification Citation: 16-6-11-10.] As added by P.L.2-1993, SEC.27. Amended by P.L.1-1996, SEC.78;…

Sec. 2. As used in this chapter, "kerosene" means any light fuel oil: (1) with an A.P.I. gravity of at least thirty-nine (39) degrees Fahrenheit as determined by the ASTM D-287-55 method; and (2) having an end point of not greater than five hundred ninety (590) degrees Fahrenheit…

Sec. 2.4. As used in this chapter, "MTBE" refers to the gasoline additive methyl tertiary butyl ether. As added by P.L.26-2002, SEC.2.

Sec. 20. A person employed by the state department to make inspections under this chapter may not do any of the following: (1) Directly or indirectly engage in the business of dealing in petroleum products. (2) Engage in any other business of a nature that prevents proper attenti…

Sec. 21. A person may not knowingly mark or brand falsely a container of petroleum products or change, alter, or deface the mark or brand of such a container. [Pre-1993 Recodification Citation: 16-6-11-12.] As added by P.L.2-1993, SEC.27.

Sec. 22. Except as provided in section 9 of this chapter, a person who recklessly violates this chapter commits a Class B misdemeanor. [Pre-1993 Recodification Citation: 16-6-11-15.] As added by P.L.2-1993, SEC.27. Amended by P.L.9-2022, SEC.35.

Sec. 3. (a) As used in this chapter, "petroleum products" includes the following: (1) Gasoline. (2) Naphtha. (3) Kerosene. (4) Distillate. (5) Fuel oil. (6) Similar petroleum products, regardless of name, including benzol and other similar products that are or may be used in the …

samples; fee Sec. 4. (a) The state department or any authorized agent of the state department may inspect samples of gasoline or kerosene stored in any tank: (1) that is adjacent to a refinery or marine or pipeline terminal in Indiana; and (2) from which withdrawals are made for …

Sec. 5. (a) The state department or any authorized agent of the state department may inspect samples of gasoline or kerosene imported into Indiana other than that placed in storage at refineries or marine or pipeline terminals in Indiana. (b) Gasoline or kerosene inspected under …

Sec. 6. The state department may conduct inspections and tests on gasoline or kerosene at any place the gasoline or kerosene is offered for sale in Indiana. [Pre-1993 Recodification Citation: 16-6-11-3(c) part.] As added by P.L.2-1993, SEC.27. Amended by P.L.177-1993, SEC.6.

Sec. 7. (a) If the state department's inspection of gasoline or kerosene under this chapter reveals that the gasoline or kerosene fails to meet the specifications prescribed by law for those products, the state department may prohibit the sale of those products. (b) A person may …

Sec. 8. (a) The inspections and tests made by the state department under this chapter shall be conducted in accordance with the methods outlined by the American Society for Testing and Materials. (b) The inspections and tests as to gasoline, gasohol, and kerosene must reflect the…

delivery other than retail; instrument requirements Sec. 9. (a) A person who sells or delivers a petroleum product containing ethanol (ethyl alcohol) or methanol (methyl alcohol), or both, to a person other than a retail consumer must place on the instrument evidencing the sale o…

Sec. 1. For the purpose of preventing the introduction and spread of cholera and other contagious and infectious diseases within Indiana, the governor may, at any time the governor believes it proper and necessary, draw an order on the auditor of state, subject to the limitation …

Sec. 2. The auditor of state shall issue to the governor a warrant on the state treasury in the amount named in the order of the governor. [Pre-1993 Recodification Citation: 16-2-3-1 part.] As added by P.L.2-1993, SEC.29.

Sec. 3. The governor shall expend the amount drawn, aided by the state department and other persons designated by the governor, in the manner ordered by the governor. [Pre-1993 Recodification Citation: 16-2-3-1 part.] As added by P.L.2-1993, SEC.29.

Sec. 4. Not more than fifty thousand dollars ($50,000) may be drawn under this chapter in any one (1) fiscal year. [Pre-1993 Recodification Citation: 16-2-3-1 part.] As added by P.L.2-1993, SEC.29.

reimburse for prescription drugs Sec. 1. The state, with the approval of the governor, may enter into agreements with other states to jointly purchase prescription drugs in aggregate or provide for reimbursement of the cost of prescription drugs purchased in aggregate to reduce t…

Sec. 2. The state Medicaid program may not participate in a program entered into under this chapter. As added by P.L.50-2004, SEC.5.