Title 16, TITLE 16. HEALTH

Sec. 22. The superintendent may, subject to IC 4-24-3-2, receive for the use of the home: (1) gifts; (2) legacies; (3) devises; and (4) conveyances of real and personal property; that are made, given, or granted to or for the home or in the name of the home. [Pre-1993 Recodificat…

Sec. 23. (a) Notwithstanding IC 22-2-5-2, the home and: (1) an employee if there is no representative described under subdivision (2) or (3) for that employee; (2) the exclusive representative of its certificated employees with respect to those employees; or (3) a labor organizat…

Sec. 3. As used in this chapter, "home" refers to the Indiana Soldiers' and Sailors' Children's Home established by this chapter. [Pre-1993 Recodification Citation: 16-6.5-5-2.] As added by P.L.2-1993, SEC.16.

Sec. 4. As used in this chapter, "member of the armed forces" means a person who: (1) is on active duty in the armed forces of the United States; (2) has: (A) served on active duty in the armed forces of the United States during any of its wars, including the Korean War, for not …

Sec. 5. The Indiana Soldiers' and Sailors' Children's Home is established as a state residential school and home for the care of Indiana children who are in need of residential care and would qualify for educational service. Preference shall be given to the admission of children …

Sec. 6. The state department shall administer the home. The state health commissioner has administrative control and responsibility for the home. [Pre-1993 Recodification Citation: 16-6.5-5-5.] As added by P.L.2-1993, SEC.16.

Sec. 7. (a) Except as provided in subsection (b), the superintendent of the home shall be appointed in the manner prescribed by law and must meet all of the following conditions: (1) Be a teacher licensed by the state or have at least a baccalaureate degree from an accredited col…

Sec. 8. The superintendent of the home, subject to the approval of the state health commissioner: (1) has charge and management of the home; (2) shall direct the care, education, and maintenance of the children of the home; and (3) is the chief appointing authority for all employ…

Sec. 9. (a) The children of the home shall be: (1) taught and treated in a manner that promotes the children's physical, intellectual, and moral improvement; and (2) trained in habits of industry, studiousness, and morality. (b) The superintendent of the home: (1) shall afford to…

Sec. 1. (a) As used in this chapter, "any other disability" means any disease, defect, or disorder that is genetically inherited. The term includes the following: (1) A physical disability. (2) A mental or intellectual disability. (3) A physical disfigurement. (4) Scoliosis. (5) …

Sec. 2. As used in this chapter, "Down syndrome" means a chromosomal disorder associated with an extra chromosome 21 or an effective trisomy for chromosome 21. As added by P.L.213-2016, SEC.22.

Sec. 3. As used in this chapter, "potential diagnosis" refers to the presence of some risk factors that indicate that a health problem may occur. As added by P.L.213-2016, SEC.22.

Sec. 4. As used in this chapter, "sex selective abortion" means an abortion that is performed solely because of the sex of the fetus. As added by P.L.213-2016, SEC.22.

Sec. 5. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregnant woman is seeking a sex selective abortion. (b) A person may not intentionally perform or attempt to perform an abortion allowed unde…

woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or has a potential diagnosis of Down syndrome Sec. 6. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pr…

being sought solely because the fetus has been diagnosed with any other disability or has a potential diagnosis of any other disability Sec. 7. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregn…

being sought solely because of the race, color, national origin, or ancestry of the fetus Sec. 8. (a) A person may not intentionally perform or attempt to perform an abortion allowed under IC 16-34-2 if the person knows that the pregnant woman is seeking the abortion solely becau…

prosecuting a woman on whom a prohibited abortion is performed Sec. 9. (a) A person who knowingly or intentionally performs an abortion in violation of this chapter may be subject to: (1) disciplinary sanctions under IC 25-1-9; and (2) civil liability for wrongful death. (b) A pr…

Sec. 0.1. The amendments made to sections 1, 10, and 13 of this chapter by P.L.99-1994 do not apply to a living will declaration executed before July 1, 1994. As added by P.L.220-2011, SEC.315.

[Pre-1993 Recodification Citation: 16-8-11-4.] As added by P.L.2-1993, SEC.19. Amended by P.L.99-1994, SEC.1. Repealed by P.L.50-2021, SEC.39.

Sec. 10. The following is the living will declaration form: LIVING WILL DECLARATION Declaration made this _____ day of _______ (month, year). I, _________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my desires that my dying s…

Sec. 11. The following is the life prolonging procedures will declaration form: LIFE PROLONGING PROCEDURES DECLARATION Declaration made this ______ day of ______ (month, year). I, ____________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily…

procedures will declaration Sec. 12. (a) A living will declaration or a life prolonging procedures will declaration may be revoked at any time by the declarant by any of the following: (1) A signed, dated writing. (2) Physical cancellation or destruction of the declaration by the…

refuses to honor declaration Sec. 13. (a) The attending physician shall immediately certify in writing that a person is a qualified patient if the following conditions are met: (1) The attending physician has diagnosed the patient as having a terminal condition. (2) The patient h…

Sec. 14. If the qualified patient who executed a living will declaration is incompetent at the time of the decision to withhold or withdraw life prolonging procedures, a living will declaration executed in accordance with this chapter is presumed to be valid. For purposes of this…

forgery of revocation of another's declaration; offense Sec. 15. A person who knowingly or intentionally: (1) physically cancels or destroys a living will declaration or a life prolonging procedures will declaration without the declarant's consent; or (2) falsifies or forges a re…

withholding of revocation of declaration; offense Sec. 16. A person who knowingly or intentionally: (1) falsifies or forges the living will declaration of another person with intent to cause withholding or withdrawal of life prolonging procedures; or (2) conceals or withholds per…

declaration; suicide; life insurance Sec. 17. (a) A death caused by the withholding or withdrawal of life prolonging procedures in accordance with this chapter does not constitute a suicide. (b) The execution of a living will declaration or a life prolonging procedures will decla…

of life prolonging procedures Sec. 18. This chapter creates no presumption concerning the intention of a person who has not executed a living will declaration to consent to the withholding or withdrawal of life prolonging procedures if a terminal condition exists. [Pre-1993 Recod…

Sec. 19. This chapter does not authorize euthanasia or any affirmative or deliberate act or omission to end life other than to permit the natural process of dying, including the withholding or withdrawing of life prolonging procedures under this chapter. [Pre-1993 Recodification …

Sec. 2. As used in this chapter, "life prolonging procedures will declarant" means a person who has executed a life prolonging procedures will declaration under section 11 of this chapter. [Pre-1993 Recodification Citation: 16-8-11-5.] As added by P.L.2-1993, SEC.19.

Sec. 20. The act of withholding or withdrawing life prolonging procedures, when done under: (1) a living will declaration made under this chapter; (2) a court order or decision of a court appointed guardian; or (3) a good faith medical decision by the attending physician that the…

Sec. 21. A physician who knowingly violates this chapter is subject to disciplinary sanctions under IC 25-1-9 as if the physician had knowingly violated a rule adopted by the medical licensing board under IC 25-22.5-2-7. [Pre-1993 Recodification Citation: 16-8-11-22.] As added by…

Sec. 3. As used in this chapter, "living will declarant" means a person who has executed a living will declaration under section 10 of this chapter. [Pre-1993 Recodification Citation: 16-8-11-6.] As added by P.L.2-1993, SEC.19.

Sec. 4. As used in this chapter, "qualified patient" means a patient who has been certified as a qualified patient under section 13 of this chapter. [Pre-1993 Recodification Citation: 16-8-11-8.] As added by P.L.2-1993, SEC.19.

Sec. 5. As used in this chapter, "terminal condition" means a condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty: (1) there can be no recovery; and (2) death will occur from the terminal condition within a short period of time …

Sec. 6. A competent adult has the right to control the decisions relating to the competent adult's medical care, including the decision to have medical or surgical means or procedures calculated to prolong the competent adult's life provided, withheld, or withdrawn. [Pre-1993 Rec…

failure to treat patient after refusal of treatment Sec. 7. (a) A competent person may consent to or refuse consent for medical treatment, including life prolonging procedures. (b) No health care provider is required to provide medical treatment to a patient who has refused medic…

declarations Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a life prolonging procedures will declaration under section 11 of this chapter or a living will declaration under section 10 of this chapter. (b) A declaration under sect…

Sec. 9. A declaration must be substantially in the form set forth in either section 10 or 11 of this chapter, but the declaration may include additional, specific directions. The invalidity of any additional, specific directions does not affect the validity of the declaration. [P…

Sec. 1. Medical studies of conditions causing death and disability, especially stillbirth, infant mortality, and maternal mortality: (1) are an important means of protecting the health of the public; (2) provide information useful in the prevention and control of disease; and (3)…

Sec. 2. (a) A licensed physician, hospital, sanitarium, health facility, or similar organization or institution may provide information relating to the condition, treatment, and causes of death and other information concerning any person to the state health commissioner or to the…

Sec. 3. (a) The state health commissioner or the commissioner's authorized representative shall do the following: (1) Keep the information and reports confidential. (2) Use the information and reports solely as follows: (A) For the purpose of medical or scientific research and me…

Sec. 4. A summary of the studies may be released by the state health commissioner, the medical school, or the committee for general publication for the purpose of advancing medical research or medical education in the interest of reducing morbidity or mortality. The identity of a…

Sec. 1. As used in this chapter, "birth problems" means one (1) or more of the following conditions: (1) A structural deformation. (2) A developmental malformation. (3) A genetic, inherited, or biochemical disease. (4) A condition of a chronic nature, including central nervous sy…

Sec. 10. Except as provided in sections 11, 12, and 13 of this chapter, information that: (1) is obtained under this chapter by the state department concerning individual patients; and (2) is not otherwise a matter of public record; is for the confidential use of the state depart…

Sec. 11. The state department shall grant any person involved in a legitimate research activity access to confidential information concerning individual patients obtained by the state department under this chapter if: (1) the person conducting the research provides written inform…

Sec. 12. Researchers may, with the approval of the state department, use the names of individual patients when requesting additional information for research purposes. However, if a researcher requests additional information, the researcher must then obtain the individual patient…

Sec. 13. The state department may release confidential information concerning individual patients to: (1) the birth problems registry of another state; and (2) physicians and local health officers for diagnostic and treatment purposes; if the patient gives written consent by comp…

released information Sec. 14. A person who reports information to the registry under this chapter is immune from any civil or criminal liability that might otherwise be imposed because of the release of what is otherwise confidential information. As added by P.L.180-1993, SEC.2.…