Title 16, TITLE 16. HEALTH

Sec. 41. (a) A health care representative designated in an advance directive or a person who was present during the signing of the advance directive may furnish to a health care provider or other person an affidavit that states, to the best knowledge of the health care representa…

Sec. 42. (a) For purposes of this section, the term "declarant" includes an individual who has not executed an advance directive or who does not have an advance directive currently in effect. (b) This section applies only if a declarant is not capable of consenting to health care…

Sec. 43. The following individuals may not serve as a proxy under section 42 of this chapter: (1) An individual specifically disqualified in the declarant's advance directive. (2) A spouse who: (A) is legally separated from the declarant; or (B) has a petition for dissolution, le…

Sec. 44. If a declarant has become and remains incapacitated and has previously executed a valid advance directive under this chapter and executed: (1) an appointment of a health care representative executed under IC 16-36-1 before January 1, 2023; (2) a durable power of attorney…

Sec. 5. As used in this chapter, "declaration" means a written document, voluntarily executed by a declarant for the declarant under section 28 of this chapter. As added by P.L.50-2021, SEC.63.

Sec. 6. As used in this chapter, "electronic" has the meaning set forth in IC 26-2-8-102(7). As added by P.L.50-2021, SEC.63.

Sec. 7. As used in this chapter, "electronic record" has the meaning set forth in IC 26-2-8-102(9). As added by P.L.50-2021, SEC.63.

Sec. 8. As used in this chapter, "electronic signature" has the meaning set forth in IC 26-2-8-102(10). As added by P.L.50-2021, SEC.63.

Sec. 9. As used in this chapter, "health care" means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseli…

Sec. 1. (a) As used in this section, "provider" means the following: (1) A physician. (2) A dentist. (3) A registered nurse. (4) A licensed practical nurse. (5) An optometrist. (6) A podiatrist. (7) A chiropractor. (8) A physical therapist. (9) A psychologist. (10) An audiologist…

civil liability Sec. 2. (a) This section does not apply to original mammograms, which are governed by section 3 of this chapter. (b) As used in this section, "x-ray film" includes a microfilm copy of the x-ray film. (c) A provider shall maintain a patient's x-ray film for at leas…

Sec. 3. (a) Except as provided in subsection (b), a provider shall maintain a patient's original mammogram films and reports concerning the mammogram films in a permanent medical record of the patient for not less than: (1) five (5) years; or (2) if the provider performs no addit…

persons at risk Sec. 1. (a) This section applies to the following serious communicable diseases: (1) Human immunodeficiency virus (HIV). (2) Hepatitis B. (b) As used in this section, "high risk activity" means sexual or needle sharing contact that has been epidemiologically demon…

at risk Sec. 2. (a) An individual with a communicable disease is a "serious and present risk to the health of others" under the following conditions: (1) The individual with a communicable disease engages repeatedly in a behavior that has been demonstrated epidemiologically (as d…

Sec. 3. (a) A licensed physician who diagnoses, treats, or counsels a patient with a serious communicable disease shall inform the patient of the patient's duty under section 1 of this chapter. (b) A physician described in subsection (a) may notify the following: (1) A health off…

notification of persons at risk Sec. 4. (a) As used in this section, "person at risk" means an individual who in the best judgment of a licensed physician: (1) has engaged in high risk activity (as defined in section 1 of this chapter); or (2) is in imminent risk of engaging in h…

Sec. 5. (a) Except as provided in IC 35-45-21-3, 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.…

[Pre-1993 Recodification Citation: 16-2-5-1 part.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

Sec. 10. (a) Before July 1, 2019, and on a biennial basis thereafter, the state department, with the assistance of: (1) the Indiana minority health coalition; (2) health care providers that treat individuals with sickle cell disease; (3) individuals diagnosed with sickle cell dis…

Sec. 2. The state department shall establish a program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. [Pre-1993 Recodification Citation: 16-2-5-2.] As added by P.L.2-1993, SEC.29. Am…

[Pre-1993 Recodification Citation: 16-2-5-3.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-4.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-5.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-6.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-7.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

Sec. 8. (a) The state department shall do the following: (1) Develop the following: (A) Application criteria and standards of eligibility for groups or organizations who apply for funds under this program. (B) Standards for determining eligibility for individuals requesting care …

Sec. 9. (a) The sickle cell chronic disease fund is established for the purpose of carrying out the provisions of this chapter. The fund shall be administered by the state department. (b) The fund consists of the following: (1) Appropriations from the general assembly. (2) Amount…

Sec. 1. Member states shall consider: (1) a veteran; (2) an active military service member; (3) a member of the National Guard and reserves separating from an active duty tour; and (4) a spouse of an individual described in subdivisions (1) through (3); who holds a current valid …

Sec. 2. Member states shall expedite the processing of licensure applications submitted by: (1) veterans; (2) active military service members; (3) members of the National Guard and reserves, separating from an active duty; and (4) the spouse of an individual described in subdivis…

Sec. 3. All individuals functioning with a privilege to practice under this chapter remain subject to the adverse action provisions of IC 16-31.5-8. As added by P.L.3-2020, SEC.1.

Sec. 1. A state health laboratory is established as a division of the state department under the general control of the state department. [Pre-1993 Recodification Citation: 16-9-3-1.] As added by P.L.2-1993, SEC.2.

Sec. 2. (a) The state health laboratory shall be located in Indianapolis and shall be used to: (1) analyze foods and drugs for the purpose of enforcing the pure food and drug laws; (2) perform sanitary analyses, pathological examinations, and studies in hygiene and preventive med…

Sec. 3. (a) For the conduct of the state health laboratory, the state department shall employ and appoint a laboratory director other than the state health commissioner. (b) The laboratory director shall have charge of and manage the state health laboratory. The laboratory direct…

Sec. 1. As used in this chapter, "checklist" refers to a food service establishment inspection report checklist form prepared by the state department. [Pre-1993 Recodification Citation: 16-1-4-8.5(a).] As added by P.L.2-1993, SEC.3.

Sec. 2. As used in this chapter, "narrative report" refers to a food service establishment inspection report narrative form prepared by the state department. [Pre-1993 Recodification Citation: 16-1-4-8.5(b).] As added by P.L.2-1993, SEC.3.

Sec. 3. Whenever an authorized representative of a local health department or the state department uses a checklist, the representative must complete a narrative report that explains the checklist. [Pre-1993 Recodification Citation: 16-1-4-8.5(c).] As added by P.L.2-1993, SEC.3.…

Sec. 4. The narrative report required under this chapter must be completed at the same time the checklist is completed. [Pre-1993 Recodification Citation: 16-1-4-8.5(d).] As added by P.L.2-1993, SEC.3.

Sec. 5. Except as provided in section 8 of this chapter, a food service establishment that is the subject of inspection reports such as checklists or narrative reports must have an opportunity to review the reports and submit to the local health department a written response to t…

Sec. 6. After the checklist, the narrative report, and the written response are completed, the checklist, the narrative report, and the written response may be inspected and copied under IC 5-14-3. [Pre-1993 Recodification Citation: 16-1-4-8.5(f).] As added by P.L.2-1993, SEC.3.…

absence of written response Sec. 7. If a written response is not submitted within the time described in section 5 of this chapter, the checklist and the narrative report may be inspected and copied under IC 5-14-3 immediately after the expiration of that period of time. [Pre-1993…

report; conditions Sec. 8. Notwithstanding sections 6 and 7 of this chapter, the checklist, the narrative report, and the related public records may upon completion be inspected and copied under IC 5-14-3 if a local health department takes any of the following actions with respec…

Sec. 9. The state department shall provide to local health departments the forms used under this chapter. [Pre-1993 Recodification Citation: 16-1-4-8.5(i).] As added by P.L.2-1993, SEC.3.

As added by P.L.41-2007, SEC.6. Repealed by P.L.161-2014, SEC.10.

Sec. 0.2. The following definitions apply throughout this chapter: (1) "Division" refers to the victim services division of the Indiana criminal justice institute established by IC 5-2-6-8(a). (2) "Evidence" means the results collected from a forensic medical examination of a vic…

As added by P.L.90-2005, SEC.4. Amended by P.L.41-2007, SEC.8. Repealed by P.L.161-2014, SEC.13.

As added by P.L.90-2005, SEC.5. Amended by P.L.121-2006, SEC.22; P.L.41-2007, SEC.9. Repealed by P.L.161-2014, SEC.14.

As added by P.L.90-2005, SEC.6. Amended by P.L.41-2007, SEC.10. Repealed by P.L.161-2014, SEC.15.

As added by P.L.41-2007, SEC.11. Repealed by P.L.161-2014, SEC.16.

As added by P.L.41-2007, SEC.12. Repealed by P.L.161-2014, SEC.17.

enumeration of sex crimes Sec. 1. (a) A hospital licensed under IC 16-21-2 that provides general medical and surgical hospital services shall provide forensic medical exams and additional forensic services to all alleged sex crime victims who apply for forensic medical exams and …