Title 16, TITLE 16. HEALTH

Sec. 2. As used in this chapter, "person in charge of interment" means a person who places or causes to be placed a stillborn child or dead body or the ashes, after cremation, in a grave, vault, urn, or other receptacle, or otherwise disposes of the body or ashes. [Pre-1993 Recod…

Sec. 3. Except as provided in IC 16-37-1-3.1(f), the physician, the physician assistant, or the advanced practice registered nurse last in attendance upon the deceased, or the person in charge of interment shall use the Indiana death registration system established under IC 16-37…

Sec. 4. The physician, the physician assistant, or the advanced practice registered nurse last in attendance upon the deceased, or the person in charge of interment shall secure the personal data required by the state department by rules adopted under IC 4-22-2 for preparation of…

certification Sec. 5. Except as provided in IC 16-37-1-3.1(f), if the person in charge of interment initiates the process, the person in charge of interment shall electronically provide a certificate of death to the physician, the physician assistant, or the advanced practice reg…

Sec. 6. (a) If: (1) a death or stillbirth occurred without medical attendance; or (2) the physician, the physician assistant, or the advanced practice registered nurse last in attendance is physically or mentally unable to sign the certificate of death or stillbirth; the local he…

Sec. 7. (a) If the circumstances suggest that the death was caused by other than natural causes or a person dies or is declared dead in an emergency department and the emergency physician, who is the physician last in attendance, is uncertain as to the cause and manner of death, …

Sec. 8. (a) Except as provided in subsection (c), payment for the cost of an autopsy requested by a party other than the local health official of the county in which the individual died must be made by the party requesting the autopsy. (b) Except as provided in subsection (c), pa…

auditor; use of data Sec. 9. (a) The local health officer shall, from the stillbirth and death certificates, make a permanent record of the: (1) name; (2) sex; (3) age; (4) place of death; (5) residence; and (6) for a death certificate only: (A) residence addresses of the decease…

Sec. 1. This chapter applies only to mental health records. [Pre-1993 Recodification Citation: 16-4-8-3.2(a).] As added by P.L.2-1993, SEC.22.

confidentiality Sec. 10. If a patient's mental health record or testimony related to a patient's mental health is offered or admitted into evidence in a legal proceeding, the court shall maintain the record or transcript of the testimony as a confidential court record. The record…

Sec. 11. Except as provided in section 8 of this chapter: (1) this chapter; (2) the hearing process described in this chapter; and (3) the standards described in this chapter; do not apply to proceedings under IC 31-30 through IC 31-40. A proceeding for access to a patient's ment…

Sec. 12. 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.4.

Sec. 13. 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.10.

[Pre-1993 Recodification Citation: 16-4-8-3.2(b).] As added by P.L.2-1993, SEC.22. Repealed by P.L.4-1997, SEC.14.

Sec. 3. A person: (1) seeking access to a patient's mental health record without the patient's written consent in an investigation or prosecution resulting from a report filed under IC 16-39-2-6(a)(10); or (2) who has filed or is a party to a legal proceeding and who seeks access…

Sec. 4. Except as provided in section 8 of this chapter, notice of a hearing to be conducted under this chapter shall be served at least fifteen (15) days in advance on the following: (1) The patient. (2) The guardian, guardian ad litem or court appointed special advocate appoint…

Sec. 5. If a patient has an attorney, the patient has the right to have an attorney present at a hearing conducted under this chapter. The notice served under section 4 of this chapter must state the patient's right to have an attorney present if the patient has an attorney. If t…

Sec. 6. A hearing under this chapter shall be conducted in a manner that preserves the confidentiality of the record of the hearing. [Pre-1993 Recodification Citation: 16-4-8-3.2(f).] As added by P.L.2-1993, SEC.22.

Sec. 7. At the conclusion of the hearing, the court may order the release of the patient's mental health record if the court finds by a preponderance of the evidence that: (1) other reasonable methods of obtaining the information are not available or would not be effective; and (…

request for records of parent, guardian, or custodian Sec. 8. If an emergency exists in which a child is alleged to be a child in need of services under IC 31-34-1 and the department of child services seeks access to the mental health records of the parent, guardian, or custodian…

Sec. 9. A court order authorizing release of a patient's mental health record under this chapter must do the following: (1) Limit disclosure to those parts of the patient's record that are essential to fulfill the objective of the order. (2) Limit disclosure to those persons whos…

Sec. 1. (a) The state department may adopt rules under IC 4-22-2 concerning the compilation for statistical purposes of information collected under IC 16-41-2. (b) The state department shall adopt procedures to gather, monitor, and tabulate case reports of incidents involving ser…

Sec. 2. (a) The state department shall tabulate all case reports of tuberculosis and other serious communicable diseases reported under this article or under rules adopted under this article. The state department shall determine the prevalence and distribution of disease in India…

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. 1. As used in this chapter, "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance that is produced by microorganisms and that has the capacity to inhibit or destroy microorganisms in dilute solution, including the chemical…

effect; revocation of approved application Sec. 10. (a) An order refusing to permit an application under section 7 or 8 of this chapter to become effective may be revoked by the state department. (b) The state department may, after affording an opportunity for public hearing and …

Sec. 11. The representation of a drug in the labeling or advertisement as an antiseptic is considered to be a representation that the drug is a germicide, except if a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting pow…

Sec. 12. (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. 2. As used in this chapter, "established name", with respect to a drug or ingredient of a drug, means: (1) the applicable official name designated under Section 508 of the Federal Act; (2) if there is no official name and the drug or the ingredient is an article recognized i…

Sec. 2.5. (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. 3. A drug or device is considered to be adulterated under the following conditions: (1) If the drug or device consists in whole or in part of any filthy, putrid, or decomposed substance. (2) If the drug or device has been produced, prepared, packed, or held under unsanitary …

Sec. 4. A drug or device is considered to be misbranded under any of the following conditions: (1) If the labeling of the drug or device is false or misleading in any way. (2) If the drug or device is in package form unless the drug or device bears a label containing: (A) the nam…

labeling, or repackaging Sec. 5. A drug or device 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 drug or device was originally processed or packed, i…

Sec. 6. (a) This section applies to a drug intended for use by humans that: (1) is a habit forming drug to which section 4(4) of this chapter applies; (2) because of: (A) the drug's toxicity or other potential for harmful effect; (B) the method of the drug's use; or (C) the colla…

introduce drug Sec. 7. (a) This section does not apply under the circumstances described in section 9 of this chapter. (b) A person may not sell, deliver, offer for sale, hold for sale, give away, or introduce into intrastate commerce any new drug unless: (1) an application to se…

Sec. 8. (a) This section does not apply under the circumstances described in section 9 of this chapter. (b) An application provided for under section 7 of this chapter becomes effective on the one hundred eightieth day after the filing of the application. However, if the state de…

Sec. 9. (a) Sections 7 and 8 of this chapter do not apply to the following: (1) To a drug dispensed on a written or an electronically transmitted prescription signed by or with an electronic signature of a physician, dentist, or veterinarian (except a drug dispensed in the course…

Sec. 1. To ensure uniformity among the requirements for motor fuels in Indiana, this chapter establishes a program to assure the accuracy of the octane labeling of motor fuels. [Pre-1993 Recodification Citation: 16-6-13-1.] As added by P.L.2-1993, SEC.27.

Sec. 1.5. This chapter does not apply to motor fuel outlets where only aviation fuels are distributed or sold. As added by P.L.177-1993, SEC.18.

Sec. 10. (a) The motor fuel inspection fund is established for the purpose of facilitating compliance with and enforcement of this chapter. The state department shall administer the fund. (b) The fund consists of the fees collected under section 9 of this chapter. (c) The expense…

Sec. 11. A person violates this chapter if the person does any of the following: (1) Markets a motor fuel without properly labeling the octane number (antiknock index) of the motor fuel in conformance with the octane posting requirements contained in 16 CFR Part 306 and issued un…

Sec. 2. As used in this chapter, "motor fuel" means gasoline or gasoline-oxygenate blends suitable for use as a fuel in a motor vehicle. [Pre-1993 Recodification Citation: 16-6-13-3.] As added by P.L.2-1993, SEC.27.

Sec. 3. As used in this chapter, "motor fuel outlet" means a location where motor fuel is sold at retail to the public. [Pre-1993 Recodification Citation: 16-6-13-4.] As added by P.L.2-1993, SEC.27.

Sec. 4. The state department shall enforce and administer this chapter. [Pre-1993 Recodification Citation: 16-6-13-7.] As added by P.L.2-1993, SEC.27.

Sec. 5. (a) The state department shall establish a motor fuel inspection program that provides for the: (1) inspection; and (2) analysis; of octane levels of motor fuels sold at motor fuel outlets. (b) The state department shall adopt rules under IC 4-22-2 to use the test standar…

Sec. 6. The state department may adopt rules under IC 4-22-2 to implement this chapter. [Pre-1993 Recodification Citation: 16-6-13-9.] As added by P.L.2-1993, SEC.27.

Sec. 7. In establishing the inspection program, the state department shall collect samples of motor fuel on a random basis for testing and analysis. The state department may do the following: (1) Obtain access to motor fuel outlets during normal business hours for the following p…

Sec. 8. (a) A person who sells a motor fuel at a motor fuel outlet shall do the following: (1) Separately register each motor fuel outlet with the state department. (2) Pay the registration fee set under section 9 of this chapter. (b) The registration required under subsection (a…

Sec. 9. (a) The state department shall collect an annual registration fee of fifty dollars ($50) for each motor fuel outlet registered under this chapter. (b) In addition to the fee in subsection (a), a penalty fee of fifty dollars ($50) may be imposed by the state department for…

Sec. 1. The state of Indiana accepts the provisions and benefits of an act of the United States Congress entitled "An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes," approved November 23, 1921, and will observe and comply with a…