Title 16, HEALTH

Sec. 1. The state department shall carry out health planning and resources development responsibilities and functions within Indiana. The state department shall do the following in the state department's planning activities: (1) Promote health and wellness activities. (2) Encoura…

Sec. 1. (a) The general assembly declares that the provision of emergency medical services is a matter of vital concern affecting the public health, safety, and welfare of the people of Indiana. (b) It is the purpose of this article: (1) to promote the establishment and maintenan…

Sec. 2. The provision of emergency medical service is an essential purpose of the political subdivisions of the state. [Pre-1993 Recodification Citation: 16-1-39-14.] As added by P.L.2-1993, SEC.14.

Sec. 3. This article or a rule adopted under this article does not authorize transporting to a hospital or medical treatment of a person who objects to medical treatment on religious grounds. [Pre-1993 Recodification Citation: 16-1-39-1.5.] As added by P.L.2-1993, SEC.14.

Sec. 1. (a) It is the intent of the state to develop, within the limits of the state's capabilities and resources, a program that gives the greatest assurance of enabling a person with a disability to achieve the individual's maximum potential and achieve the highest degree of in…

Sec. 2. The state health commissioner shall, in cooperation with appropriate state departments and institutions, as well as professional organizations and voluntary agencies, develop a plan by which diagnostic and evaluative services for persons with disabilities will be availabl…

Sec. 3. The recommended plan must give attention to the following: (1) The nature of the diagnostic and evaluative procedures. (2) Procedures for referral of individuals to such services. (3) Geographical availability of the services. (4) Staffing pattern or patterns of services.…

Sec. 4. It is not the intent of any system or procedures developed to void the intake procedures of a state department or agency providing rehabilitation services directly to individuals. [Pre-1993 Recodification Citation: 16-7-2-5.] As added by P.L.2-1993, SEC.15.

Sec. 0.5. This article does not apply to in vitro fertilization. As added by P.L.179-2022(ss), SEC.17.

Sec. 1. Childbirth is preferred, encouraged, and supported over abortion. [Pre-1993 Recodification Citation: 16-10-3-4.] As added by P.L.2-1993, SEC.17.

Sec. 10. If the state or an agency of the state has wardship or guardianship of an unemancipated pregnant minor, the state or agency of the state may not consent to an abortion unless the abortion is permitted under IC 16-34-2-1. As added by P.L.173-2017, SEC.3. Amended by P.L.17…

Sec. 11. Telehealth may not be used to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion. As added by P.L.85-2021, SEC.5.

Sec. 2. Neither the state nor any political subdivision of the state may make a payment from any fund under its control for the performance of an abortion unless the abortion is necessary to preserve the life of the pregnant woman. [Pre-1993 Recodification Citation: 16-10-3-3.] A…

Sec. 3. No private or denominational hospital shall be required to permit its facilities to be utilized for the performance of abortions. [Pre-1993 Recodification Citation: 16-10-3-1.] As added by P.L.2-1993, SEC.17.

Sec. 4. No: (1) physician; (2) nurse; (3) physician assistant; (4) pharmacist; (5) employee or member of the staff of a hospital or other facility in which an abortion may be performed; or (6) mental health provider; shall be required to perform an abortion, to prescribe, adminis…

Sec. 5. No person shall be required, as a condition of training, employment, pay, promotion, or privileges, to agree to perform or participate in the performing of abortions. [Pre-1993 Recodification Citation: 16-10-3-2 part.] As added by P.L.2-1993, SEC.17.

Sec. 6. No hospital or other person shall discriminate against or discipline a person because of the person's moral beliefs concerning abortion. [Pre-1993 Recodification Citation: 16-10-3-2 part.] As added by P.L.2-1993, SEC.17.

Sec. 7. A civil action for damages or reinstatement of employment, or both, may be brought for any violation of sections 4 through 6 of this chapter. [Pre-1993 Recodification Citation: 16-10-3-2 part.] As added by P.L.2-1993, SEC.17.

Sec. 8. A qualified health plan (as defined in IC 27-8-33-3) offered under Subtitle D of Title 1 of the federal Patient Protection and Affordable Care Act (P.L. 111-148) may not provide coverage for abortion, unless the abortion is permitted under IC 16-34-2-1. As added by P.L.19…

Sec. 1. As used in this chapter, "municipal corporation" means a: (1) county; (2) township; (3) city; (4) town; or (5) school corporation; that makes provisions for conducting any kind of health work of a character qualified to comply with this chapter. [Pre-1993 Recodification C…

Sec. 10. (a) An official, an agent, or a representative of: (1) the state; (2) a political subdivision or municipal corporation; (3) a board, a bureau, a district, a welfare group, or an organization referred to in this chapter; or (4) the federal Public Health Service when coope…

Sec. 11. The state department shall establish a perinatal navigator program for the purposes of engaging pregnant women in early prenatal care and providing referrals to pregnant women for wraparound services and home visiting programs in the local community. As added by P.L.292-…

Sec. 2. The state department shall cooperate with the Children's Bureau of the United States Department of Labor to do the following: (1) Extend and improve services for the promotion of the health of mothers and children, especially in rural areas and in areas suffering from sev…

Sec. 3. The state department shall cooperate with the Public Health Service of the United States Department of the Treasury to do the following: (1) Establish and maintain adequate public health services, including the training of the proper personnel to administer the public hea…

Sec. 4. The state department shall do the following: (1) Make reports that are in the form and that contain the information required by the Children's Bureau of the United States Department of Labor or the Public Health Service of the United States Department of the Treasury. (2)…

Sec. 5. (a) The state accepts all of the provisions and benefits of the Social Security Act enacted by the United States Congress and approved on August 14, 1935. (b) Under this chapter, the state department: (1) may administer; and (2) shall observe and comply with all of the re…

Sec. 6. (a) The treasurer of state shall serve as the custodian of money that is received by the state from appropriations made by the United States Congress for the purpose of cooperating with the several states in the enforcement and administration of the federal Social Securit…

Sec. 7. (a) The money received from the federal government by the treasurer of state to defray the expenses and to pay the claims and obligations incurred in the administration of the federal Social Security Act shall be paid into the following accounts of the state general fund:…

Sec. 8. (a) The state department is designated as the state agency to cooperate with the federal government in the administration of the provisions of Part I of Title 5 and of Title 6 of the federal Social Security Act. (b) The state department shall cooperate with the proper dep…

Sec. 9. (a) The regular employees of the state department may be assigned to the performance of the duties prescribed in this chapter either on a full-time or part-time basis. Additional qualified personnel may be employed as the state department determines is necessary to admini…

Sec. 1. As used in this chapter, "health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. The term includes admission to a health care facility. [Pre-1993 Recodification Citation: 16-8-12-1(2).] A…

Sec. 10. (a) A health care provider acting or declining to act in reliance on the consent or refusal of consent of a representative who the provider believes in good faith is authorized to consent to health care is not subject to: (1) criminal prosecution; (2) civil liability; or…

Sec. 11. (a) A representative under this chapter has the same right that the authorizing individual has to receive information relevant to the contemplated health care and to consent to the disclosure of medical records to a health care provider. (b) Disclosure of information reg…

Sec. 12. (a) This chapter does not affect Indiana law concerning an individual's authorization to do the following: (1) Make a health care decision for the individual or another individual. (2) Provide, withdraw, or withhold medical care necessary to prolong or sustain life. (b) …

Sec. 13. This chapter does not authorize euthanasia. [Pre-1993 Recodification Citation: 16-8-12-12.] As added by P.L.2-1993, SEC.19.

Sec. 14. (a) The health care consent provisions under IC 30-5 are incorporated by reference into this chapter to the extent the provisions under IC 30-5 do not conflict with explicit requirements under this chapter. (b) With respect to the written appointment of a health care rep…

Sec. 15. A health care provider (as defined in IC 16-18-2-163(a)) may not be required to obtain a separate additional written health care consent for the provision of telehealth services. As added by P.L.185-2015, SEC.17. Amended by P.L.85-2021, SEC.6.

Sec. 17. If an individual is incapable of consenting to the individual's own health care, the health care provider shall make a reasonable inquiry as to the availability of individuals who are able to provide health care consent under section 5 of this chapter. Reasonable inquiry…

Sec. 2. As used in this chapter, "representative" means: (1) an individual at least eighteen (18) years of age; (2) a corporation; (3) a trust; (4) a limited liability company; (5) a partnership; (6) a business trust; (7) an estate; (8) an association; (9) a joint venture; (10) a…

Sec. 3. (a) Except as provided in subsections (b) through (d), unless incapable of consenting under section 4 of this chapter, an individual may consent to the individual's own health care if the individual is: (1) an adult; or (2) a minor and: (A) is emancipated; (B) is: (i) at …

Sec. 3.5. (a) This section does not apply to consent to the provision of an abortion or completion of a POST form. (b) A minor who: (1) is at least sixteen (16) years of age; and (2) is: (A) pregnant; (B) in labor; or (C) postpartum for a sixty (60) day period after the birth; is…

Sec. 4. (a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care. (b) A consent to health care under sectio…

Sec. 5. (a) If an adult incapable of consenting under section 4 of this chapter has not appointed a health care representative under section 7 of this chapter or the health care representative appointed under section 7 of this chapter is not reasonably available or declines to ac…

Sec. 6. (a) A representative authorized to consent to health care for another under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), 5(a)(6), 5(b)(2), or 5(b)(3) of this chapter who for a time will not be reasonably available to exercise the authority may delegate the authority to con…

Sec. 7. (a) An individual who may consent to health care under section 3 of this chapter may appoint another representative to act for the appointor in matters affecting the appointor's health care. (b) An appointment and any amendment must meet the following conditions: (1) Be i…

Sec. 8. (a) A health care provider or any interested person (as defined in IC 30-5-2-6) may petition the probate court in the county where the individual who is the subject of the petition is present for purposes of receiving health care to: (1) make a health care decision or ord…