Title 16, HEALTH

Sec. 9.5 As used in this chapter, "telephonic interaction" means interaction through the use of any technology, now known or later developed, that enables two (2) or more people to speak to and hear each other in real time even if one (1) or more of the persons cannot see each ot…

Sec. 1. (a) Not later than November 30 of each year, the state department shall prepare a report concerning all fatalities in Indiana that are the result of suicide or overdose during the preceding calendar year. The report must include the following information: (1) The number o…

Sec. 1. (a) The state department shall maintain an immunization data registry to collect, store, analyze, release, and report immunization data. (b) Except as provided in subsection (c), data in the immunization data registry may be used only for the following purposes: (1) To as…

Sec. 2. (a) Except as provided in subsection (c), a provider, a physician's designee, a pharmacist's designee, or a person approved by the state department may provide immunization data to the immunization data registry in a manner prescribed by the state department and for the p…

Sec. 3. (a) Records maintained as part of the immunization data registry are confidential. (b) The state department may release information from the immunization data registry to the individual or to the individual's parent or guardian if the individual is less than eighteen (18)…

Sec. 4. (a) An entity described in section 3(c) of this chapter, the state department, or an agent of the state department who in good faith provides or receives immunization information is immune from civil and criminal liability for the following: (1) Providing information to t…

Sec. 1. This article does not prohibit a provider from obtaining a patient's health records from another provider without the patient's consent if the health records are needed to provide health care services to the patient. [Pre-1993 Recodification Citation: 16-4-8-5(a).] As add…

Sec. 2. (a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a written consent executed at …

Sec. 3. (a) As used in this section, "association" refers to an Indiana hospital trade association founded in 1921. (b) As used in this section, "data aggregation" means a combination of information obtained from the health records of a provider with information obtained from the…

Sec. 4. 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.8.

Sec. 1. (a) The state department may designate an agent who may enter upon private property to inspect for and investigate possible violations of this article or a rule adopted under this article if all of the following conditions are met: (1) The agent has probable cause to beli…

Sec. 2. The health officer may make an investigation of each individual with a communicable disease to determine whether the environmental conditions surrounding the individual with a communicable disease or the conduct of the individual with a communicable disease requires inter…

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. 0.1. The amendments made to section 28 of this chapter by P.L.266-2001 apply to violations that occur after June 30, 2001. As added by P.L.220-2011, SEC.322.

Sec. 0.2. A person that: (1) is a homestead vendor (as defined in IC 16-42-5.4-1); or (2) operates a small farm (as defined in IC 16-42-5.4-4); is exempt from the requirements of this chapter. As added by P.L.163-2026, SEC.7.

Sec. 0.3. (a) The state department may adopt rules under IC 4-22-2 to establish the initial schedule of civil penalties required under section 28 of this chapter, as added by P.L.266-2001, at any time after May 11, 2001. (b) A corporation or local health department that, before J…

Sec. 0.4. A corporation or local health department that, before January 1, 2001, adopted sanitary standards for food handling or food establishments that are different from the state rules concerning sanitary standards for food handling or food establishments may continue to enfo…

Sec. 0.5. Except as provided in this chapter, a corporation or local health department may not impose any: (1) sanitary standards on; or (2) locally prescribed monetary penalties for the violation of any state law or rule concerning; food handling or food establishments. As added…

Sec. 0.7. (a) Except as provided in this chapter, a corporation or local health department may not impose any requirements or standards on the installation of food handling machinery in a food establishment regulated by this chapter. (b) The installation of food handling machiner…

Sec. 0.9. (a) A corporation or local health department may petition the state department requesting one (1) or more modifications or changes in the state department's rules concerning: (1) food handling machinery; (2) sanitary standards for food handling or food establishments; o…

Sec. 10. (a) The floor of a food establishment must be made of nonabsorbent material that can be flushed with water. (b) The floor of a food establishment must be kept washed clean with detergent and water. [Pre-1993 Recodification Citation: 16-1-20-12.] As added by P.L.2-1993, S…

Sec. 11. A food establishment must be protected by all reasonable means against the presence of and entrance of domestic animals, rodents, flies, and other insects. [Pre-1993 Recodification Citation: 16-1-20-13.] As added by P.L.2-1993, SEC.25.

Sec. 12. Refuse, dirt, and waste products subject to decomposition and fermentation incident to food handling shall be removed daily from food establishments. [Pre-1993 Recodification Citation: 16-1-20-14.] As added by P.L.2-1993, SEC.25.

Sec. 13. (a) A food establishment must have a convenient toilet room separate and apart from and not opening directly into a room that is used for food handling. (b) The floor of the toilet room must be made of a nonabsorbent material. (c) The floor of the toilet room shall be wa…

Sec. 14. (a) A food establishment must have a washroom adjacent to each toilet room. (b) The washroom shall be supplied with adequate lavatories, soap, hot and cold running water, and clean individual towels. (c) The washroom shall be kept clean by washing with detergent and wate…

Sec. 15. A room that is used for food handling or that is equipped for use for food handling may not be used for any other purpose. [Pre-1993 Recodification Citation: 16-1-20-17.] As added by P.L.2-1993, SEC.25.

Sec. 16. (a) Rooms separate and apart from rooms used for food handling must be provided for the changing and hanging of wearing apparel. (b) The rooms for changing and hanging wearing apparel must be kept clean. [Pre-1993 Recodification Citation: 16-1-20-18.] As added by P.L.2-1…

Sec. 17. A person may not expectorate in or on the machinery, equipment, floor, sidewalls, or other structure of a food establishment. [Pre-1993 Recodification Citation: 16-1-20-19.] As added by P.L.2-1993, SEC.25.

Sec. 18. A person may not live or sleep in a room used for food handling or in a room opening directly into a food establishment. [Pre-1993 Recodification Citation: 16-1-20-20.] As added by P.L.2-1993, SEC.25.

Sec. 19. A person who has a communicable or infectious disease may not work in a food establishment in any capacity in which epidemiological evidence indicates the person may spread the disease. [Pre-1993 Recodification Citation: 16-1-20-21.] As added by P.L.2-1993, SEC.25.

Sec. 2.3. As used in this chapter, "food handling machinery" means any of the following used for and in food handling: (1) Equipment. (2) Appliances. (3) Tools. (4) Plumbing and related fixtures. (5) Refrigeration devices. (6) Heating, ventilation, and cooling equipment. (7) Any …

Sec. 20. A person shall wear clean outer garments while working in a food establishment. [Pre-1993 Recodification Citation: 16-1-20-22.] As added by P.L.2-1993, SEC.25.

Sec. 21. A person who works in a food establishment shall wash the person's hands and arms thoroughly with soap and clean water before beginning work, before resuming work after a rest period, and before resuming work after visiting a toilet room. [Pre-1993 Recodification Citatio…

Sec. 22. A person may not sit or lie upon equipment used or installed for use in handling food. [Pre-1993 Recodification Citation: 16-1-20-24.] As added by P.L.2-1993, SEC.25.

Sec. 23. The state department may do the following: (1) Enter at any time a food establishment or place suspected of being a food establishment. (2) Inspect the premises, utensils, fixtures, equipment, furniture, and machinery used in food handling. [Pre-1993 Recodification Citat…

Sec. 24. (a) For the purpose of enforcing IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or IC 16-42-5, the local health officers are food environmental health specialists subordinate to the state department. (b) The state department shall provide to the local health officer…

Sec. 25. If, upon inspection of a food establishment, a local health officer or food environmental health specialist finds an employer, operator, or other employee to be violating IC 16-41-20, IC 16-41-23, IC 16-41-24, IC 16-41-34, or this chapter, the local health officer or foo…

Sec. 26. (a) A person who refuses to comply with a lawful order or requirement of the state health commissioner made in writing as provided in this chapter commits a Class B misdemeanor. (b) Each day after the expiration of the time limit for abating unsanitary conditions and com…

Sec. 27. (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. 28. (a) The state department shall adopt rules under IC 4-22-2 establishing a schedule of civil penalties that may be imposed by the state department to enforce either of the following: (1) This chapter. (2) Rules adopted to implement this chapter. (b) A penalty included in …

Sec. 30. (a) As used in this section, "permit holder" means the holder of: (1) a farm winery permit under IC 7.1-3-12-5; or (2) a brewer's permit under IC 7.1-3-2-7(5). (b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temp…

Sec. 31. A food establishment may sell or serve poultry products produced by an establishment operating under a limited permit issued under IC 15-17-5-11(f) only if the poultry products are produced and labeled in accordance with the requirements of IC 15-17-5-11(f). As added by …

Sec. 32. (a) As used in this section, "micro market" means an unstaffed, self-checkout retail food establishment that: (1) consists of one (1) or more micro market displays that do not exceed seventy-five (75) linear feet in total length across the front of all displays in any on…

Sec. 5. The state department may adopt rules under IC 4-22-2 for the efficient enforcement of this chapter and to establish minimum sanitary standards for the operation of all food establishments. [Pre-1993 Recodification Citation: 16-1-20-4.] As added by P.L.2-1993, SEC.25.

Sec. 5.2. The state department may grant a variance from one (1) or more of the state rules concerning: (1) food handling machinery; or (2) sanitary standards for the operation of food establishments; in accordance with IC 16-19-3-4.3. As added by P.L.266-2001, SEC.13.…

Sec. 6. A food establishment must meet the following conditions: (1) Be adequately lighted, heated, drained, and ventilated. (2) Be supplied with uncontaminated running water. (3) Have adequate sanitary facilities. [Pre-1993 Recodification Citation: 16-1-20-8.] As added by P.L.2-…