Title 16, TITLE 16. HEALTH

Sec. 1. As used in this chapter, "autism spectrum disorder" has the meaning set forth in the most recent edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. As added by P.L.56-2016, SEC.2.

Sec. 2. As used in this chapter, "developmental disability" has the meaning set forth in IC 12-7-2-61. As added by P.L.56-2016, SEC.2.

enforcement officer; rules Sec. 3. (a) Upon the request of: (1) an individual who has been medically diagnosed with a developmental disability, including autism spectrum disorder; (2) the parent or guardian acting on behalf of an individual who is described in subdivision (1) and…

Sec. 4. (a) The state department may charge a reasonable fee, as determined by the state department, for a bracelet and an identification card issued under this chapter. (b) The state department shall adopt rules under IC 4-22-2 concerning the information that appears on a bracel…

court orders; liberal construction of section Sec. 5. (a) Except as provided in subsection (c), information collected under this chapter: (1) is confidential; and (2) is exempt from disclosure. (b) Information collected under this chapter may not be released under a subpoena, sea…

Sec. 1. As used in this chapter, "armed forces of the United States" means the forces and components of the Army, Navy, Air Force, Marine Corps, and Coast Guard. [Pre-1993 Recodification Citation: 16-6.5-5-1.] As added by P.L.2-1993, SEC.16.

of home; financing Sec. 10. (a) The superintendent shall establish and maintain a vocational school on the grounds of the home and maintain suitable facilities in which vocational trades and arts are taught. (b) The superintendent may utilize donated money or state money without …

Sec. 11. (a) After an adequate investigation as determined by the superintendent of the home or the superintendent's designee, including consideration of appropriateness of placement, and with the approval of the state health commissioner or the commissioner's designee, the super…

Sec. 12. (a) An application for admission to the home may be made by a responsible parent, a guardian, a representative of the court, or the department of child services. (b) If an application is submitted by a person other than a responsible parent or guardian, the superintenden…

Sec. 13. (a) The superintendent is responsible for the care, control, and training of children admitted to and living in the home from the day a child is admitted to the home until the child is: (1) eighteen (18) years of age; or (2) discharged from the home. (b) The superintende…

child Sec. 14. (a) Either parent, a guardian, a relative, or the department of child services applying for the admission of a child to the home shall, in securing admittance of the child, place the child in the home for the length of time determined to be in the best interests of…

Sec. 15. A child admitted to the home may not be permanently removed from the home and placed elsewhere without the express approval of the: (1) parent or parents who; (2) guardian who; (3) relative who; or (4) department of child services that; applied for admission of the child…

Sec. 16. Either parent, a guardian, a relative, a representative of the department of child services, or other person approved by the superintendent may visit a child being maintained in the home at times or places the superintendent prescribes. [Pre-1993 Recodification Citation:…

Sec. 17. (a) Each child, the estate of the child, the parent or parents of the child, or the guardian of the child, individually or collectively, are liable for the payment of the costs of maintenance of the child of up to one hundred percent (100%) of the per capita cost, except…

nonresident child Sec. 17.5. (a) In the case of a child who is: (1) adjudicated to be a delinquent child or child in need of services by a juvenile court; and (2) placed by or with the consent of the department of child services in the home; the department of child services shall…

Sec. 18. (a) The attorney general shall, upon notification by the superintendent of the home through the state health commissioner, bring suit in the name of the state of Indiana on behalf of the superintendent of the home against the estate of a person failing to make payments a…

lands; assistance of children Sec. 19. (a) The superintendent shall do the following: (1) Cause the grounds of the home to be: (A) kept in proper order; and (B) ornamented with trees, shrubs, and flowers. (2) Provide and maintain conservatories or greenhouses. (b) The superintend…

Sec. 2. As used in this chapter, the "county of residence of the child": (1) is the county of residence of the responsible parent; or (2) if there is no responsible parent, is the county within which the guardianship or wardship is established by appointment of the court. [Pre-19…

other necessary services; assistance of children Sec. 20. The superintendent shall have the children in the home assist in the following: (1) Housekeeping services of the home. (2) Manufacture and repair of the clothing of children. (3) The provision of services necessary for the…

consideration given proper education and training of children Sec. 21. In prescribing labor, service, and study for the children of the home, the superintendent shall consider the proper education and training of the children. [Pre-1993 Recodification Citation: 16-6.5-5-19(d).] A…

Sec. 22. The superintendent may, subject to IC 4-24-3-2, receive for the use of the home: (1) gifts; (2) legacies; (3) devises; and (4) conveyances of real and personal property; that are made, given, or granted to or for the home or in the name of the home. [Pre-1993 Recodificat…

Sec. 23. (a) Notwithstanding IC 22-2-5-2, the home and: (1) an employee if there is no representative described under subdivision (2) or (3) for that employee; (2) the exclusive representative of its certificated employees with respect to those employees; or (3) a labor organizat…

Sec. 3. As used in this chapter, "home" refers to the Indiana Soldiers' and Sailors' Children's Home established by this chapter. [Pre-1993 Recodification Citation: 16-6.5-5-2.] As added by P.L.2-1993, SEC.16.

Sec. 4. As used in this chapter, "member of the armed forces" means a person who: (1) is on active duty in the armed forces of the United States; (2) has: (A) served on active duty in the armed forces of the United States during any of its wars, including the Korean War, for not …

Sec. 5. The Indiana Soldiers' and Sailors' Children's Home is established as a state residential school and home for the care of Indiana children who are in need of residential care and would qualify for educational service. Preference shall be given to the admission of children …

Sec. 6. The state department shall administer the home. The state health commissioner has administrative control and responsibility for the home. [Pre-1993 Recodification Citation: 16-6.5-5-5.] As added by P.L.2-1993, SEC.16.

Sec. 7. (a) Except as provided in subsection (b), the superintendent of the home shall be appointed in the manner prescribed by law and must meet all of the following conditions: (1) Be a teacher licensed by the state or have at least a baccalaureate degree from an accredited col…

Sec. 8. The superintendent of the home, subject to the approval of the state health commissioner: (1) has charge and management of the home; (2) shall direct the care, education, and maintenance of the children of the home; and (3) is the chief appointing authority for all employ…

Sec. 9. (a) The children of the home shall be: (1) taught and treated in a manner that promotes the children's physical, intellectual, and moral improvement; and (2) trained in habits of industry, studiousness, and morality. (b) The superintendent of the home: (1) shall afford to…

Sec. 1. (a) As used in this chapter, "any other disability" means any disease, defect, or disorder that is genetically inherited. The term includes the following: (1) A physical disability. (2) A mental or intellectual disability. (3) A physical disfigurement. (4) Scoliosis. (5) …

Sec. 2. As used in this chapter, "Down syndrome" means a chromosomal disorder associated with an extra chromosome 21 or an effective trisomy for chromosome 21. As added by P.L.213-2016, SEC.22.

Sec. 3. As used in this chapter, "potential diagnosis" refers to the presence of some risk factors that indicate that a health problem may occur. As added by P.L.213-2016, SEC.22.

Sec. 4. As used in this chapter, "sex selective abortion" means an abortion that is performed solely because of the sex of the fetus. As added by P.L.213-2016, SEC.22.

Sec. 5. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregnant woman is seeking a sex selective abortion. (b) A person may not intentionally perform or attempt to perform an abortion allowed unde…

woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or has a potential diagnosis of Down syndrome Sec. 6. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pr…

being sought solely because the fetus has been diagnosed with any other disability or has a potential diagnosis of any other disability Sec. 7. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregn…

being sought solely because of the race, color, national origin, or ancestry of the fetus Sec. 8. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregnant woman is seeking the abortion solely becau…

prosecuting a woman on whom a prohibited abortion is performed Sec. 9. (a) A person who knowingly or intentionally performs an abortion in violation of this chapter may be subject to: (1) disciplinary sanctions under IC 25-1-9; and (2) civil liability for wrongful death. (b) A pr…

Sec. 0.1. The amendments made to sections 1, 10, and 13 of this chapter by P.L.99-1994 do not apply to a living will declaration executed before July 1, 1994. As added by P.L.220-2011, SEC.315.

[Pre-1993 Recodification Citation: 16-8-11-4.] As added by P.L.2-1993, SEC.19. Amended by P.L.99-1994, SEC.1. Repealed by P.L.50-2021, SEC.39.

Sec. 10. The following is the living will declaration form: LIVING WILL DECLARATION Declaration made this _____ day of _______ (month, year). I, _________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my desires that my dying s…

Sec. 11. The following is the life prolonging procedures will declaration form: LIFE PROLONGING PROCEDURES DECLARATION Declaration made this ______ day of ______ (month, year). I, ____________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily…

procedures will declaration Sec. 12. (a) A living will declaration or a life prolonging procedures will declaration may be revoked at any time by the declarant by any of the following: (1) A signed, dated writing. (2) Physical cancellation or destruction of the declaration by the…

refuses to honor declaration Sec. 13. (a) The attending physician shall immediately certify in writing that a person is a qualified patient if the following conditions are met: (1) The attending physician has diagnosed the patient as having a terminal condition. (2) The patient h…

Sec. 14. If the qualified patient who executed a living will declaration is incompetent at the time of the decision to withhold or withdraw life prolonging procedures, a living will declaration executed in accordance with this chapter is presumed to be valid. For purposes of this…

forgery of revocation of another's declaration; offense Sec. 15. A person who knowingly or intentionally: (1) physically cancels or destroys a living will declaration or a life prolonging procedures will declaration without the declarant's consent; or (2) falsifies or forges a re…

withholding of revocation of declaration; offense Sec. 16. A person who knowingly or intentionally: (1) falsifies or forges the living will declaration of another person with intent to cause withholding or withdrawal of life prolonging procedures; or (2) conceals or withholds per…

declaration; suicide; life insurance Sec. 17. (a) A death caused by the withholding or withdrawal of life prolonging procedures in accordance with this chapter does not constitute a suicide. (b) The execution of a living will declaration or a life prolonging procedures will decla…

of life prolonging procedures Sec. 18. This chapter creates no presumption concerning the intention of a person who has not executed a living will declaration to consent to the withholding or withdrawal of life prolonging procedures if a terminal condition exists. [Pre-1993 Recod…

Sec. 19. This chapter does not authorize euthanasia or any affirmative or deliberate act or omission to end life other than to permit the natural process of dying, including the withholding or withdrawing of life prolonging procedures under this chapter. [Pre-1993 Recodification …