Title 16, TITLE 16. HEALTH

representatives for costs of care 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 necessar…

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.

care representative 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 …

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.

As added by P.L.29-2016, SEC.1. Expired 12-31-2017 by P.L.29-2016, SEC.1.

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 …

contacting minor's parent or guardian 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 six…

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…

date; duties; resignation; revocation of appointment 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 a…

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…

recipient Sec. 9. (a) An individual who may consent to the individual's own health care under section 3 of this chapter may disqualify others from consenting to health care for the individual. (b) A disqualification must meet the following conditions: (1) Be in writing. (2) Be si…

Sec. 9.5. The following individuals may not provide health care consent under section 5(a) of this chapter: (1) A spouse who: (A) is legally separated; or (B) has a petition for dissolution, legal separation, or annulment of marriage that is pending in a court; from the individua…

As added by P.L.220-2011, SEC.316. Repealed by P.L.63-2012, SEC.21.

Sec. 1. (a) The state department shall provide a system of vital statistics for Indiana to be administered by a division of the state department. (b) The state department shall provide to the local vital records offices guidelines concerning the interpretation of laws and the sta…

availability; grounds for denial Sec. 10. (a) Information contained in a birth record is confidential and may be disclosed only in accordance with this article. (b) Except as provided in subsections (c) and (d), the records and files of the division of the state department concer…

Sec. 11. (a) The state department shall charge and collect a fee of eight dollars ($8) for each search of the records in the division of vital records. If the requested record is found, one (1) certification of the record will be issued without charge. Additional certifications o…

Sec. 11.5. In addition to the fee charged by the state department under section 11 of this chapter for a search of the records in the division of vital records, the state department shall charge a birth problems registry fee of two dollars ($2) for each search of the records for …

As added by P.L.120-1997, SEC.6. Amended by P.L.145-2006, SEC.139. Repealed by P.L.156-2011, SEC.41.

Sec. 12. A person who, with intent to defraud: (1) makes a false or fraudulent statement in applying to a local health officer or to the state registrar for a certified copy of a birth certificate; (2) makes a false or fraudulent statement in applying to the state registrar for p…

Sec. 13. (a) Except as provided in subsection (c) or (d) or 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. (c) A person who: (1) is lice…

Sec. 2. The employee in charge of the division of the state department administering the system of vital statistics shall be known as the state registrar and shall do the following: (1) Keep the files and records pertaining to vital statistics. (2) Perform the duties prescribed b…

systems established; submission of records Sec. 3.1. (a) The state department shall establish the Indiana birth registration system (IBRS) for recording in an electronic format live births in Indiana. (b) The state department shall establish the Indiana death registration system …

Sec. 4. Each local health jurisdiction is a registration district for vital statistics and the local health officer shall be the local registrar. [Pre-1993 Recodification Citation: 16-1-15-3.] As added by P.L.2-1993, SEC.20.

Sec. 5. (a) The local health officer, on the fourth day of each month, shall report to the state department concerning the births, deaths, and stillbirths that occurred within the local health officer's jurisdiction within the preceding month. However, after December 31, 2010, th…

Sec. 6. The report of the local health officer must contain the following: (1) The original copy of each certificate of birth, death, or stillbirth. (2) A certification that no other births, deaths, or stillbirths occurred within the jurisdiction to the best of the health officer…

missing child certificates; excluded information Sec. 8. (a) Except as provided in subsection (d), a local health officer shall provide a certification of birth, death, or stillbirth registration upon request by any person only if: (1) the health officer is satisfied that the app…

certificate Sec. 8.5. (a) Upon request by a parent of a stillborn child, a local health officer shall provide to the parent a certificate of birth resulting in stillbirth. (b) A certificate of birth resulting in stillbirth provided under subsection (a) must contain the following:…

Sec. 9. (a) A local health department may make a charge under IC 16-20-1-27 for each certificate of birth, death, or stillbirth registration. IC 5-14-3-8(d) does not apply to the health department making a charge for a certificate of birth, death, or stillbirth registration under…

Sec. 1. The state department shall develop the newborn screening registry under IC 16-41-17-10. [Pre-1993 Recodification Citation: 16-8-6-8 part.] As added by P.L.2-1993, SEC.21.

Sec. 1. To the extent that IC 5-14-3 and IC 16-4-8 (before its repeal, now codified in this article) apply to the confidentiality of a record in the possession of a state agency under P.L.9-1991 before the transfer of the record required by P.L.9-1991, those statutes apply to the…

written requests Sec. 1. (a) This section applies to all health records except mental health records, which are governed by IC 16-39-2, IC 16-39-3, and IC 16-39-4. (b) This article applies to all health records, except: (1) records regarding communicable diseases, which are gover…

Sec. 2. Upon a patient's written request and reasonable notice, a provider shall, at the provider's actual costs, provide to the patient or the patient's designee: (1) access to; or (2) a copy of; the patient's x-ray film possessed by the provider. [Pre-1993 Recodification Citati…

Sec. 3. (a) Health records may be requested by a competent patient if the patient is: (1) emancipated and less than eighteen (18) years of age; or (2) at least eighteen (18) years of age. (b) If a patient is incompetent, the request for health records may be made by the parent, g…

Sec. 4. Except as provided in IC 16-39-5, a patient's written consent for release of the patient's health record must include the following: (1) The name and address of the patient. (2) The name of the person requested to release the patient's record. (3) The name of the person o…

Sec. 5. If a provider who is a health care professional reasonably determines that the information requested under section 1 of this chapter is: (1) detrimental to the physical or mental health of the patient; or (2) likely to cause the patient to harm the patient or another; the…

Sec. 6. This chapter does not authorize a patient to obtain a copy of the patient's health records while the patient is an inpatient of a hospital, health facility, or facility licensed under IC 12-24 or IC 12-29. However, if the inpatient is: (1) unemancipated and less than eigh…

parents Sec. 7. (a) Except as provided in subsection (b), a custodial parent and a noncustodial parent of a child have equal access to the parents' child's health records. (b) A provider may not allow a noncustodial parent access to the child's health records if: (1) a court has …

Sec. 8. Except as provided in section 2 of this chapter, 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.2.

Sec. 9. Alcohol and drug abuse records described in 42 U.S.C. 290dd-2 may not be disclosed unless authorized in accordance with 42 U.S.C. 290dd-2. As added by P.L.4-1997, SEC.3. Amended by P.L.7-2015, SEC.43.

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 person's maximum potential and the highest degree of independence p…

Sec. 2. (a) Except as provided in subsection (b), each: (1) physician; (2) superintendent of a hospital; (3) director of a local health department; (4) director of a local office of the department of child services; (5) director of the division of disability and rehabilitative se…

Sec. 3. A report made under this chapter shall be made in the manner and upon forms prescribed by and furnished by the state department. [Pre-1993 Recodification Citation: 16-4-6-3 part.] As added by P.L.2-1993, SEC.23. IC 16-40-1-4 Birth defects reports Sec. 4. The reports filed…

Sec. 5. The reports filed under this chapter by school corporations must include children excluded from school because of a disability as well as children with disabilities attending regular or special programs of education. [Pre-1993 Recodification Citation: 16-4-6-3 part.] As a…

Sec. 6. The contents of a report made under this chapter are solely for the use of departments of state government in the performance of their duties under law and of organizations having a legitimate interest in the information. The reports shall not be open to public inspection…

Sec. 7. All reports filed under this chapter shall be transmitted to the state department. [Pre-1993 Recodification Citation: 16-4-6-4.] As added by P.L.2-1993, SEC.23. Amended by P.L.130-2018, SEC.85.

Sec. 1. This article is not intended to interfere with the right of an individual to select any mode of treatment, including reliance upon spiritual means through prayer alone for healing. [Pre-1993 Recodification Citations: 16-1-9.5-8; 16-1-10.5-23.] As added by P.L.2-1993, SEC.…