Title 16, HEALTH

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.

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, aging, and rehabilitative services, or the s…

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…

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 organization …

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 coordinating car…

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 (as define…

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.

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 under the Indiana Rules …

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 determines t…

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

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.

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. 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 state department shall adopt definitions and st…

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.

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;…