Title 16, TITLE 16. HEALTH

Sec. 4. Consent to medical or surgical treatment of a patient at an appropriate facility may be given by the superintendent under the procedures in this chapter. [Pre-1993 Recodification Citation: 16-8-3-3(a).] As added by P.L.2-1993, SEC.19.

Sec. 5. If the superintendent and the patient's treating physician determine that: (1) the patient is incompetent to give informed consent to medical or surgical treatment, even though the patient has never been so adjudicated by a court; and (2) the treatment is medically necess…

Sec. 6. In obtaining a second opinion as required by section 5 of this chapter, the superintendent shall compile a list of licensed physicians, organized by specialty. The superintendent must use an appropriate specialist from the list whenever possible. The physician chosen to g…

Sec. 7. The superintendent shall attempt to notify by certified mail any known relatives or friends of the patient of the patient's condition, the treatment determined to be necessary by the superintendent and the treating physician, and the result of the independent second opini…

Sec. 8. If the superintendent has followed the procedures in sections 4, 5, 6, and 7 of this chapter and the second opinion obtained under section 5 of this chapter concurs with the original determination of the superintendent and the patient's treating physician, the superintend…

Sec. 9. A superintendent who, without malice, bad faith, or negligence, discloses confidential information in connection with the superintendent's compliance with section 7 of this chapter or consents to medical or surgical treatment of a patient after following the procedures re…

Sec. 1. As used in this chapter, "dead body" means a lifeless human body or parts or bones of the human body from the condition of which it reasonably may be concluded that death recently occurred. [Pre-1993 Recodification Citation: 16-1-15-2(4).] As added by P.L.2-1993, SEC.20.…

Sec. 10. Upon receipt of a properly executed certificate of death or stillbirth or, when authorized by rule of the state department, a provisional certificate of death, a local health officer in the county in which the death occurred shall issue a permit for the disposal of the b…

Sec. 11. The person in charge of interment shall secure a permit for the disposition of the body before any of the following occur: (1) Disposition of the body. (2) Removing the body from the county in which the death occurred. [Pre-1993 Recodification Citation: 16-1-17-8.] As ad…

Sec. 12. If the body is to be transported by common carrier, the person in charge of interment shall secure a burial transit permit in duplicate. [Pre-1993 Recodification Citation: 16-1-17-9.] As added by P.L.2-1993, SEC.20.

Sec. 13. The person in charge of interment shall attach one (1) copy of the burial transit permit to the shipping box in which the body is transported. [Pre-1993 Recodification Citation: 16-1-17-10.] As added by P.L.2-1993, SEC.20.

officer Sec. 14. When death occurs outside Indiana and the body is accompanied by a burial transit permit issued where death occurred, the permit authorizes transportation into Indiana. Before burial, cremation, or other disposal of the body the local health officer shall endorse…

Sec. 15. This chapter: (1) supplements other laws concerning autopsies; (2) does not require consent for a local health officer to order or perform an autopsy in the discharge of the health officer's duties; and (3) does not grant authority to a local health officer to hold an in…

Sec. 16. (a) This section does not apply to section 3 of this chapter. (b) Except as provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (c) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodif…

Sec. 2. As used in this chapter, "person in charge of interment" means a person who places or causes to be placed a stillborn child or dead body or the ashes, after cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes of the body or ashes. [Pre-1993 Recod…

Sec. 3. Except as provided in IC 16-37-1-3.1(f), the physician, the physician assistant, or the advanced practice registered nurse last in attendance upon the deceased, or the person in charge of interment shall use the Indiana death registration system established under IC 16-37…

Sec. 4. The physician, the physician assistant, or the advanced practice registered nurse last in attendance upon the deceased, or the person in charge of interment shall secure the personal data required by the state department by rules adopted under IC 4-22-2 for preparation of…

certification Sec. 5. Except as provided in IC 16-37-1-3.1(f), if the person in charge of interment initiates the process, the person in charge of interment shall electronically provide a certificate of death to the physician, the physician assistant, or the advanced practice reg…

Sec. 6. (a) If: (1) a death or stillbirth occurred without medical attendance; or (2) the physician, the physician assistant, or the advanced practice registered nurse last in attendance is physically or mentally unable to sign the certificate of death or stillbirth; the local he…

Sec. 7. (a) If the circumstances suggest that the death was caused by other than natural causes or a person dies or is declared dead in an emergency department and the emergency physician, who is the physician last in attendance, is uncertain as to the cause and manner of death, …

Sec. 8. (a) Except as provided in subsection (c), payment for the cost of an autopsy requested by a party other than the local health official of the county in which the individual died must be made by the party requesting the autopsy. (b) Except as provided in subsection (c), pa…

auditor; use of data Sec. 9. (a) The local health officer shall, from the stillbirth and death certificates, make a permanent record of the: (1) name; (2) sex; (3) age; (4) place of death; (5) residence; and (6) for a death certificate only: (A) residence addresses of the decease…

Sec. 1. This chapter applies only to mental health records. [Pre-1993 Recodification Citation: 16-4-8-3.2(a).] As added by P.L.2-1993, SEC.22.

confidentiality Sec. 10. If a patient's mental health record or testimony related to a patient's mental health is offered or admitted into evidence in a legal proceeding, the court shall maintain the record or transcript of the testimony as a confidential court record. The record…

Sec. 11. Except as provided in section 8 of this chapter: (1) this chapter; (2) the hearing process described in this chapter; and (3) the standards described in this chapter; do not apply to proceedings under IC 31-30 through IC 31-40. A proceeding for access to a patient's ment…

Sec. 12. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter. As added by P.L.102-1994, SEC.4.

Sec. 13. 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.10.

[Pre-1993 Recodification Citation: 16-4-8-3.2(b).] As added by P.L.2-1993, SEC.22. Repealed by P.L.4-1997, SEC.14.

Sec. 3. A person: (1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(a)(10); or (2) who has filed or is a party to a legal proceeding and who seeks access…

Sec. 4. Except as provided in section 8 of this chapter, notice of a hearing to be conducted under this chapter shall be served at least fifteen (15) days in advance on the following: (1) The patient. (2) The guardian, guardian ad litem or court appointed special advocate appoint…

Sec. 5. If a patient has an attorney, the patient has the right to have an attorney present at a hearing conducted under this chapter. The notice served under section 4 of this chapter must state the patient's right to have an attorney present if the patient has an attorney. If t…

Sec. 6. A hearing under this chapter shall be conducted in a manner that preserves the confidentiality of the record of the hearing. [Pre-1993 Recodification Citation: 16-4-8-3.2(f).] As added by P.L.2-1993, SEC.22.

Sec. 7. At the conclusion of the hearing, the court may order the release of the patient's mental health record if the court finds by a preponderance of the evidence that: (1) other reasonable methods of obtaining the information are not available or would not be effective; and (…

request for records of parent, guardian, or custodian Sec. 8. If an emergency exists in which a child is alleged to be a child in need of services under IC 31-34-1 and the department of child services seeks access to the mental health records of the parent, guardian, or custodian…

Sec. 9. A court order authorizing release of a patient's mental health record under this chapter must do the following: (1) Limit disclosure to those parts of the patient's record that are essential to fulfill the objective of the order. (2) Limit disclosure to those persons whos…

Sec. 1. (a) The state department may adopt rules under IC 4-22-2 concerning the compilation for statistical purposes of information collected under IC 16-41-2. (b) The state department shall adopt procedures to gather, monitor, and tabulate case reports of incidents involving ser…

Sec. 2. (a) The state department shall tabulate all case reports of tuberculosis and other serious communicable diseases reported under this article or under rules adopted under this article. The state department shall determine the prevalence and distribution of disease in India…

Sec. 3. (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. As used in this chapter, "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance that is produced by microorganisms and that has the capacity to inhibit or destroy microorganisms in dilute solution, including the chemical…

effect; revocation of approved application Sec. 10. (a) An order refusing to permit an application under section 7 or 8 of this chapter to become effective may be revoked by the state department. (b) The state department may, after affording an opportunity for public hearing and …

Sec. 11. The representation of a drug in the labeling or advertisement as an antiseptic is considered to be a representation that the drug is a germicide, except if a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting pow…

Sec. 12. (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. 2. As used in this chapter, "established name", with respect to a drug or ingredient of a drug, means: (1) the applicable official name designated under Section 508 of the Federal Act; (2) if there is no official name and the drug or the ingredient is an article recognized i…

Sec. 2.5. (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. 3. A drug or device is considered to be adulterated under the following conditions: (1) If the drug or device consists in whole or in part of any filthy, putrid, or decomposed substance. (2) If the drug or device has been produced, prepared, packed, or held under unsanitary …

Sec. 4. A drug or device is considered to be misbranded under any of the following conditions: (1) If the labeling of the drug or device is false or misleading in any way. (2) If the drug or device is in package form unless the drug or device bears a label containing: (A) the nam…

labeling, or repackaging Sec. 5. A drug or device 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 drug or device was originally processed or packed, i…

Sec. 6. (a) This section applies to a drug intended for use by humans that: (1) is a habit forming drug to which section 4(4) of this chapter applies; (2) because of: (A) the drug's toxicity or other potential for harmful effect; (B) the method of the drug's use; or (C) the colla…

introduce drug Sec. 7. (a) This section does not apply under the circumstances described in section 9 of this chapter. (b) A person may not sell, deliver, offer for sale, hold for sale, give away, or introduce into intrastate commerce any new drug unless: (1) an application to se…

Sec. 8. (a) This section does not apply under the circumstances described in section 9 of this chapter. (b) An application provided for under section 7 of this chapter becomes effective on the one hundred eightieth day after the filing of the application. However, if the state de…