Title 16, TITLE 16. HEALTH

has been performed Sec. 12. (a) In every civil, criminal, or administrative action brought under section 1(c), 9, 10, or 11 of this chapter, the identity of any woman upon whom a dismemberment abortion has been performed or was attempted to have been performed shall be preserved …

postfertilization age; disciplinary action for violation Sec. 2. (a) It shall be the responsibility of the attending physician to do the following: (1) Determine in accordance with accepted medical standards the postfertilization age of the fetus and which trimester the pregnant …

of physician for preservation of life and health of viable unborn child; certificates of birth or death; offense for violation; ward Sec. 3. (a) All abortions performed on and after the earlier of the time a fetus is viable or the time the postfertilization age of the fetus is at…

waiver of consent or notification; representation by attorney; confidentiality; emergency abortions; medical records; penalties Sec. 4. (a) This section does not apply to a minor who is less than eighteen (18) years of age who is pregnant as a result of rape or incest by a parent…

abortion without consent of parent or legal guardian or custodian prohibited; causes of action; limitations and immunities Sec. 4.2. (a) This section applies only if consent is required under section 4 of this chapter and has not been given. (b) This section does not apply to a p…

hospital location; confirmation of admitting privileges; redaction Sec. 4.5. (a) A physician may not perform an abortion, including an abortion using an abortion inducing drug, unless the physician: (1) has admitting privileges in writing at a hospital located in the county where…

report; quarterly public report Sec. 4.7. (a) As used in this section, "abortion complication" means only the following physical or psychological conditions arising from the induction or performance of an abortion: (1) Uterine perforation. (2) Cervical laceration. (3) Infection. …

frame; penalty; quarterly public report; prohibition on identifying information Sec. 5. (a) Every health care provider who performs a surgical abortion or provides, prescribes, administers, or dispenses an abortion inducing drug for the purposes of inducing an abortion shall repo…

other providers Sec. 5.1. Each form or other written document that must be completed or provided by a physician or other provider under this chapter, including a signed copy retained in the pregnant woman's patient file, must include the following: (1) A line for the signature of…

concerning submission of forms completed by physicians Sec. 5.5. The state department shall develop a program enabling the report required by section 5 of this chapter to be completed, transmitted, and received in an electronic format. As added by P.L.177-2015, SEC.1.

of an aborted fetus; transport of aborted fetus for purpose of conducting final disposition of the aborted fetus permitted Sec. 6. (a) No experiments except pathological examinations may be conducted on any fetus aborted under this chapter. A person who conducts such an experimen…

Sec. 7. (a) Except as provided in subsections (b) and (c), a person who knowingly or intentionally performs an abortion prohibited by section 1 of this chapter commits a Level 5 felony. (b) A physician who performs an abortion intentionally or knowingly in violation of section 1(…

Sec. 8. (a) A woman upon whom a dismemberment abortion was performed is not liable for any damages related to the dismemberment abortion. (b) The following individuals who worked at the direction of a physician who performed a dismemberment abortion are not liable for damages for…

Sec. 9. (a) The following may petition a court for an injunction against a person who performed a dismemberment abortion in violation of section 1(c) of this chapter: (1) A woman upon whom the person performed a dismemberment abortion. (2) The parent or guardian of a female upon …

Sec. 1. As used in this chapter, "children" refers to children with special health care needs. [Pre-1993 Recodification Citation: 16-6.5-2-1.] As added by P.L.2-1993, SEC.18.

Sec. 10. (a) An individual who: (1) has autism (as defined in IC 12-7-2-19(b)); and (2) is less than twenty-one (21) years of age; has an eligible medical condition under this chapter. (b) The state department shall extend all care, services, and materials provided under this cha…

federal agencies Sec. 2. (a) The state department shall administer the federal money provided for services to children under the federal Social Security Act (42 U.S.C. 701 et seq.). (b) In the administration of the money, the state department shall cooperate with the United State…

Sec. 3. The state health commissioner shall appoint a director of the program for children with special health care needs. [Pre-1993 Recodification Citation: 16-6.5-2-3.] As added by P.L.2-1993, SEC.18. Amended by P.L.156-2011, SEC.32.

contracting Sec. 4. (a) A child with special health care needs who has been determined to be financially and medically eligible according to rules adopted by the state department may be assigned for care, services, or treatment to any of the following: (1) A public or private hos…

paid for out of federal Social Security money received Sec. 5. The state department may designate certain categories of services, materials, and care that shall be paid for out of money received from the federal government for services for children in conformity with the federal …

Sec. 6. The fees and charges paid to providers of services, care, and materials under this chapter shall be at the same amounts as those allowed by the Medicaid program (42 U.S.C. 1396 et seq.). [Pre-1993 Recodification Citation: 16-6.5-2-6.] As added by P.L.2-1993, SEC.18.

Sec. 7. The state department shall adopt uniform rules under IC 4-22-2 to do the following: (1) Determine medical eligibility. (2) Determine financial eligibility. (3) Certify licensed physicians serving children with special health care needs. (4) Develop standards of care for c…

eligibility for assistance Sec. 8. If an individual receives a state or federal higher education award that is paid directly to an approved postsecondary educational institution for the individual's benefit: (1) the individual is not required to report that award as income or as …

Sec. 9. The state department shall extend care, services, and materials provided under this chapter to persons with cystic fibrosis who are at least twenty-one (21) years of age. The services shall be extended under the same criteria that are applicable to persons who are less th…

Sec. 1. For purposes of this chapter, "autopsy" means the dissection of a dead body for the purpose of ascertaining the cause, seat, and nature of a disease or for the purpose of inquiring into the cause of death. [Pre-1993 Recodification Citation: 16-8-1-1.] As added by P.L.2-19…

Sec. 2. For the purpose of this chapter, the consent to an autopsy must contain the purpose of and extent of the dissection so authorized and may be obtained only by the use of at least one (1) of the following: (1) A written instrument. (2) A telegram. (3) A witnessed telephone …

Sec. 3. (a) For the purpose of this chapter, consent for a licensed physician to conduct an autopsy of the body of a deceased person is sufficient when given by the following persons if the persons survive the deceased: (1) By the surviving spouse. However, if the deceased and th…

Sec. 4. Consent to an autopsy in accordance with this chapter is conclusive as to any rights in the body of a deceased person as against any claim by any other person, but only for the purpose of performing the autopsy. [Pre-1993 Recodification Citation: 16-8-1-5.] As added by P.…

Sec. 5. This chapter supplements the laws concerning autopsies and does not do any of the following: (1) Repeal, modify, or amend laws concerning autopsies. (2) Require consent for a coroner to perform an autopsy in the discharge of the coroner's duties. [Pre-1993 Recodification …

Sec. 1. As used in this chapter, "person in attendance at birth" means one (1) of the following: (1) A licensed attending physician. (2) A certified direct entry midwife or a certified nurse midwife. (3) Another individual who: (A) holds a license of the type designated by the go…

evidence Sec. 10. (a) As used in this section, "DNA test" means an identification process in which the unique genetic code of an individual that is carried by the individual's deoxyribonucleic acid (DNA) is compared with the genetic codes of another individual. (b) The state depa…

Sec. 11. A person who assumes custody of a child of unknown parentage shall report immediately to the local health officer. [Pre-1993 Recodification Citation: 16-1-16-13.] As added by P.L.2-1993, SEC.20.

Sec. 12. The local health officer shall prepare a certificate of birth for a child of unknown parentage. The place where the child was found or where custody was assumed shall be known as the place of birth and the date of birth shall be determined by approximation. If the child …

Sec. 13. A child born out of wedlock shall be recorded: (1) under the name of the mother; or (2) as directed in a paternity affidavit executed under section 2.1 of this chapter. [Pre-1993 Recodification Citation: 16-1-16-15.] As added by P.L.2-1993, SEC.20. Amended by P.L.46-1995…

Sec. 14. If a paternity affidavit executed under section 2.1 of this chapter is filed with a local health officer, the local health officer shall do the following: (1) Correct the local record of birth by adding the name of the father to the certificate of birth. (2) File a copy …

marry Sec. 15. If the parents of a child born out of wedlock in Indiana later marry, the child shall legally take the last name of the father. [Pre-1993 Recodification Citation: 16-4-1-1.] As added by P.L.2-1993, SEC.20.

parents; correction of records Sec. 16. If a man claiming to be the child's biological father marries the mother of a child born out of wedlock, the man and the mother may produce proof of the marriage and execute a paternity affidavit under section 2.1 of this chapter. The local…

[Pre-1993 Recodification Citation: 16-4-1-2.] As added by P.L.2-1993, SEC.20. Repealed by P.L.257-1997(ss), SEC.41.

Sec. 18. If a certificate of birth is issued from the record described in section 16 of this chapter, the certificate: (1) must include: (A) the full name of the child; (B) the date and place of birth; (C) the name of the father; (D) the maiden name of the mother; and (E) other d…

Sec. 19. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 16 of this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-…

for filing or preparation; release of paternity affidavit Sec. 2. (a) A person in attendance at a live birth shall do the following: (1) File with the local health officer the following: (A) A certificate of birth. (B) Any paternity affidavit executed under section 2.1(c)(1) of t…

agreement; penalty; effect of paternity affidavit; genetic test; opportunity to consult Sec. 2.1. (a) A paternity affidavit may be executed as provided in this section through: (1) a hospital; or (2) a local health department. (b) Immediately before or after the birth of a child …

Sec. 3. A certificate of birth shall be filed not more than five (5) days after the birth occurs. [Pre-1993 Recodification Citation: 16-1-16-3.] As added by P.L.2-1993, SEC.20.

Sec. 4. A local health officer may accept a certificate of birth presented for filing not more than twelve (12) months after the birth occurred if the attending physician, certified nurse midwife, certified direct entry midwife, or other person desiring to file the certificate st…

Sec. 5. A certificate of birth presented for filing more than twelve (12) months after the birth occurred is a delayed certificate of birth and the record shall be filed only with the state department. [Pre-1993 Recodification Citation: 16-1-16-8.] As added by P.L.2-1993, SEC.20.…

Sec. 6. The state department shall adopt rules concerning the application for, the supporting documents for, and the acceptance of delayed certificates of birth. The state department shall keep delayed certificates of birth in a file separate from other certificates of birth. [Pr…

certificate applicant Sec. 7. The state department shall issue a certificate of birth registration without charge to the applicant for a delayed certificate of birth if the state department finds the application is properly executed. [Pre-1993 Recodification Citation: 16-1-16-10.…

Sec. 8. The probative value of a delayed certificate of birth shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. [Pre-1993 Recodification Citation: 16-1-16-11.] As added by P.L.2-1993, SEC.20.

Sec. 9. (a) The local health officer shall make a permanent record of the following from a birth certificate: (1) Name. (2) Sex. (3) Date of birth. (4) Place of birth. (5) Name of the parents. (6) Birthplace of the parents. (7) The date of filing of the certificate of birth. (8) …

Sec. 1. (a) The state department shall establish a cancer registry for the purpose of: (1) recording: (A) all cases of malignant disease; and (B) other tumors and precancerous diseases required to be reported by: (i) federal law or federal regulation; or (ii) the National Program…