Title 16, HEALTH

Sec. 20. (a) Upon the filing of a petition for condemnation of an adulterated or misbranded food, drug, device, or cosmetic, the court shall promptly cause process to issue to the appropriate law enforcement agency commanding the law enforcement agency to seize the merchandise de…

Sec. 21. A person: (1) having an interest in the alleged adulterated or misbranded foods, drugs, devices, or cosmetics; or (2) against whom a civil or criminal liability would exist if the merchandise is adulterated or misbranded; may, at any time before destruction of the mercha…

Sec. 22. The right of change of venue from the county, the right of change of judge, and the right of trial by jury are the same as in civil cases. [Pre-1993 Recodification Citation: 16-1-28-26.] As added by P.L.2-1993, SEC.25.

Sec. 23. (a) At any time before trial, the defense may file with the court a written election to divide into lots the merchandise that is alleged to be adulterated or misbranded. Each of the lots must be described in the written election in such a way as to enable them to be dist…

Sec. 24. The court or jury trying the cause shall determine and the judgment shall specify whether the contents of each separate lot are adulterated or misbranded. The court shall order the destruction by the appropriate law enforcement agency of all lots found to be adulterated …

Sec. 25. (a) A personal judgment may not be given against a defendant, except as provided in subsection (b). (b) When merchandise is ordered destroyed, the court may give judgment against the defendant for that part of the costs occasioned by the defendant. [Pre-1993 Recodificati…

Sec. 26. (a) Whenever the court orders the return of merchandise, the appropriate law enforcement agency shall immediately return the merchandise to the place of seizure. The appropriate law enforcement agency and the appropriate law enforcement agency's bondsmen are liable for a…

Sec. 27. (a) A defendant may move for a new trial and may appeal to the supreme court or the court of appeals in the manner provided by law for appeals in civil actions. (b) An appeal bond shall be fixed in an amount that covers the reasonable costs of preserving the condemned me…

Sec. 28. A judgment in a condemnation proceeding under this chapter is not admissible as evidence in any other legal proceeding. [Pre-1993 Recodification Citation: 16-1-28-32.] As added by P.L.2-1993, SEC.25.

Sec. 29. All costs not adjudicated against the defendants in accordance with this chapter are to be determined and collected in the manner provided by law for the determination and collection of costs in unsuccessful criminal prosecutions. [Pre-1993 Recodification Citation: 16-1-…

Sec. 3. Except to the extent that the state department adopts the applicable regulations promulgated by the federal security administrator under the Federal Act (21 U.S.C. 301 et seq.), the state department, before adopting a rule contemplated by section 6 or 9 of this chapter, I…

Sec. 30. Except as otherwise provided in this chapter, the procedure for condemnation proceedings under this chapter must conform, as nearly as possible, to the procedure for civil actions. [Pre-1993 Recodification Citation: 16-1-28-34.] As added by P.L.2-1993, SEC.25.

Sec. 31. (a) If the court finds that detained or embargoed merchandise is adulterated or misbranded, the merchandise must, after entry of the judgment or decree, be destroyed at the expense of the claimant, under the supervision of the state department. (b) All: (1) court costs a…

Sec. 32. Before any violation of IC 16-42-1 through IC 16-42-4 is reported by the state health commissioner or the commissioner's authorized agent to a prosecuting attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall …

Sec. 33. IC 16-42-1 through IC 16-42-4 does not require the state health commissioner or the commissioner's authorized agent to report, for the institution of proceedings under those provisions, minor violations of those provisions whenever the state health commissioner or the co…

Sec. 34. (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. 35. For purposes of IC 5-14-3-4, if an individual files a complaint under this article concerning an issue related to food safety or a food borne illness, including any health or sanitary condition at a food establishment, the department shall keep the following information …

Sec. 4. IC 16-42-1 through IC 16-42-4 and rules adopted under those provisions shall, insofar as applicable, be interpreted and construed to effectuate the general purpose to enact state legislation uniform with the Federal Act (21 U.S.C. 301 et seq.). [Pre-1993 Recodification Ci…

Sec. 5. Whenever this chapter refers to a department or an agency of the federal government, the term includes a department or an agency of the federal government to which the duties, powers, or functions are transferred or given. [Pre-1993 Recodification Citation: 16-1-28-3(a) p…

Sec. 6. (a) A manufacturer, processor, repackager, or wholesale distributor of food, drugs, or cosmetics who maintains a place of business in Indiana shall file with the state department, upon forms to be furnished by the state department, a written statement of the name and addr…

Sec. 7. If: (1) an article is alleged to be misbranded because the labeling is misleading; or (2) an advertisement is alleged to be false because the advertisement is misleading; in determining whether the labeling or advertisement is misleading, there shall be taken into account…

Sec. 8. A labeling requirement under IC 16-42-1 through IC 16-42-4 is not considered to be complied with unless: (1) the word, statement, or other information appearing on the label also appears on the outside container or wrapper, if any, of the retail package of the article; or…

Sec. 9. (a) This section does not apply to an advertisement that: (1) is disseminated only to members of the medical, dental, pharmaceutical, and other legally recognized professions dealing with the healing arts; (2) appears only in the scientific periodicals of those profession…

Sec. 1. (a) A person who deals in retail in: (1) previously used or previously used and reclaimed; (2) refined; (3) recleaned; or (4) reconditioned: lubricating oils, lubricants, or mixtures of lubricants shall at all times have every container or item of equipment in or through …

Sec. 2. (a) A person who deals at retail: (1) in: (A) previously used or previously used and reclaimed; (B) refined; (C) recleaned; or (D) reconditioned; lubricating oils, lubricants, or mixtures of lubricants; and (2) without: (A) plainly labeling, as required by this chapter, e…

Sec. 3. This chapter does not confer upon any court the right to grant temporary restraining orders or temporary injunctions under this chapter, and an injunction may not be issued until the defendant has had a day in court. [Pre-1993 Recodification Citation: 16-6-10-2 part.] As …

Sec. 4. (a) The granting or enforcing of an injunction under this chapter is a preventive measure for the protection of the people of this state, not a punitive measure. (b) The fact that a person has been charged or convicted of a violation of this chapter does not prevent the i…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 5(a)(1) of this chapter by P.L.50-2004 applies to a health benefit plan described in section 2(1) and 2(2) of this chapter, as added by P.L.50-2004, established, entered into, deliver…

Sec. 1. As used in this chapter, "department" refers to the state personnel department. As added by P.L.50-2004, SEC.5.

Sec. 10. A drug store may negotiate prescription drug prices and discounts with a pharmaceutical manufacturer to participate in the program. As added by P.L.50-2004, SEC.5.

Sec. 2. As used in this chapter, "health benefit plan" refers to the following: (1) A self-insurance program established under IC 5-10-8-7(b) to provide group health coverage. (2) A contract with a prepaid health care delivery plan that is entered into or renewed under IC 5-10-8-…

Sec. 3. As used in this chapter, "program" refers to the aggregate prescription drug purchasing program established under this chapter. As added by P.L.50-2004, SEC.5.

Sec. 4. (a) The department, with the approval of the budget agency, shall establish, implement, and maintain an aggregate prescription drug purchasing program through which terms are negotiated related to the purchase of prescription drugs by: (1) an entity described in section 5…

Sec. 5. (a) This subsection does not apply to prescription drugs that are dispensed through an onsite clinic. The following shall participate in the program: (1) The department, for a health benefit plan: (A) described in section 2(1) or 2(2) of this chapter; and (B) that provide…

Sec. 6. A request for proposal and the award of a contract under this chapter is subject to the approval of the budget agency. As added by P.L.50-2004, SEC.5.

Sec. 7. The program may not include the purchase of prescription drugs imported into the United States in violation of federal law. As added by P.L.50-2004, SEC.5.

Sec. 8. (a) Participation in the program by a pharmaceutical manufacturer is voluntary. (b) The state may not: (1) require prior authorization for a prescription drug in the state Medicaid program under IC 12-15; or (2) otherwise penalize a pharmaceutical manufacturer; because th…

Sec. 9. Any information, including prescription drug prices and discounts, provided to the state or the state's contractor under this chapter is confidential and is exempt from disclosure under IC 5-14-3. As added by P.L.50-2004, SEC.5.

Sec. 0.5. (a) This chapter may not be construed to apply to an anatomic pathology service that is: (1) billed to a hospital by a clinical laboratory; or (2) billed by the hospital for an inpatient or outpatient facility of the hospital. (b) This chapter may not be construed to pr…

Sec. 1. As used in this chapter, "anatomic pathology service" means any of the following performed by a physician or under the supervision of a physician on a sample taken from a human body: (1) Histopathology or surgical pathology, meaning the gross and microscopic examination a…

Sec. 2. As used in this chapter, "physician" includes a physician group practice. As added by P.L.222-2011, SEC.1.

Sec. 3. As used in this chapter, "provider" means a health care provider or a clinical laboratory. As added by P.L.222-2011, SEC.1.

Sec. 4. As used in this chapter, "second opinion" means consultation, histologic processing, or additional testing performed on a sample by a second provider after an anatomic pathology service is performed on the sample by a first provider. As added by P.L.222-2011, SEC.1.

Sec. 5. (a) Except as provided in subsection (b), a provider shall not present a bill, claim, or other demand for payment for an anatomic pathology service unless the anatomic pathology service was performed: (1) within the provider's office; (2) by a physician or under the direc…

Sec. 6. (a) Except as provided in subsection (b), a bill, claim, or other demand for payment permitted by section 5 of this chapter may be presented only to the following: (1) The patient. (2) The patient's insurer or other third party payer. (3) A government agency, or another a…

Sec. 7. A person is not required to reimburse a provider for charges or claims submitted in violation of this chapter. As added by P.L.222-2011, SEC.1.