Title 16, TITLE 16. HEALTH

Sec. 7.1. (a) A certified food protection manager must do the following: (1) Provide the food establishment where the certified food protection manager is employed with a copy of the individual's certificate and photo identification card. (2) Obtain a valid certificate every five…

Sec. 7.5. An individual may not use the title "certified food protection manager" or indicate that the individual is a certified food protection manager unless the individual holds a valid certificate. As added by P.L.45-2020, SEC.19.

Sec. 8. (a) A food establishment must have at least one (1) certified food protection manager responsible for all periods of the food establishment's operation. However, a certified food protection manager need not be present at the food establishment during all hours of operatio…

Sec. 8.5. A food establishment must do the following: (1) Provide the name and copies of the certificate and photo identification card for the certified food protection manager to an inspector from a governmental regulatory authority. (2) Remove the certificate from the food esta…

changing ownership Sec. 9. A food establishment that begins operation or changes ownership shall comply with section 8 of this chapter not later than six (6) months after beginning operation or changing ownership. As added by P.L.266-2001, SEC.16. Amended by P.L.45-2020, SEC.22.…

Sec. 1. (a) As used in this chapter, "end consumer" means a person who is the last person to purchase any food product and who does not resell the food product. (b) As used in this chapter, "roadside stand" means a structure, including a tent, stand, vehicle, or trailer that is: …

stand; exemption from food establishment requirements Sec. 10. (a) This section applies to the sale of poultry and rabbits by an individual vendor of a farmers' market or roadside stand. (b) The following products are exempt from the requirements of this title that apply to food …

by certain individual vendors Sec. 11. (a) IC 16-42-11 applies to the sale of eggs under this chapter. (b) An individual vendor of a farmers' market or roadside stand is exempt from the requirements of this title that apply to a food establishment relating to the sale of eggs or …

certification, or inspection Sec. 12. Notwithstanding any other law, a local unit of government (as defined in IC 14-22-31.5-1) may not by ordinance or resolution require any licensure, certification, or inspection of foods or food products of a home based vendor or an individual…

Sec. 13. (a) For the purpose of enforcing this chapter, the local health officers are food environmental health specialists subordinate to the state department. (b) To ensure that enforcement of the state laws and rules is uniform throughout the state, the state department shall …

Sec. 2. A person may prepare and sell food products as a home based vendor if the person complies with the requirements of this chapter. As added by P.L.49-2022, SEC.4.

Sec. 3. The production and sale of food products by a home based vendor in accordance with this chapter are exempt from the requirements of this title that apply to food establishments. As added by P.L.49-2022, SEC.4.

Sec. 4. A home based vendor shall prepare and sell only a food product that is: (1) made, grown, or raised by an individual at the individual's primary residence, including any permanent structure that is on the same property as the residence; (2) not a potentially hazardous food…

Sec. 5. (a) A home based vendor shall include a label for packaged food or a sign for unpackaged food that contains the following information: (1) The name and address of the producer of the food product. (2) The common or usual name of the food product. (3) The ingredients of th…

Sec. 6. (a) A home based vendor may not ship or deliver a food product to an end consumer who is located outside Indiana. (b) A home based vendor shall do the following: (1) Ship or deliver a food product in a sealed package that allows an end consumer to determine whether the pr…

Sec. 7. (a) A home based vendor shall obtain a food handler certificate from a certificate issuer that is accredited by the American National Standards Institute. (b) Upon request, a home based vendor shall provide a copy of the food handler certificate required by subsection (a)…

Sec. 8. (a) A home based vendor is subject to food sampling and inspection if: (1) the state department determines that the home based vendor's food product is: (A) misbranded under IC 16-42-2-3; or (B) adulterated; or (2) a consumer complaint has been received by the state depar…

Sec. 9. The state health commissioner may develop guidelines for the requirements described in this chapter, including: (1) standards for best safe food handling practices; (2) disease control measures; and (3) standards for potable water sources. As added by P.L.49-2022, SEC.4.…

Sec. 1. As used in this chapter, "legislative body" means the following: (1) Except as provided in subdivision (2): (A) the board of county commissioners, for a county that operates a local board of health under IC 16-20-2; or (B) the board of county commissioners in the county w…

requirements Sec. 2. (a) A recipient may appeal to the legislative body an enforcement action issued or taken by a local board of health or local health officer under IC 16-20-1 in response to: (1) a declared local public health emergency determined by a local health department o…

development of procedures; timing Sec. 3. (a) The legislative body shall determine whether to hear an appeal filed under section 2 of this chapter not later than fifteen (15) days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of th…

timing requirements Sec. 4. The appellant, or a representative of the appellant, must be present at a hearing conducted by the legislative body. The failure of the local board of health or local health officer that issued the enforcement action to be present is not a cause for po…

Sec. 5. (a) The legislative body shall issue a written decision for any appeal that receives a hearing under this chapter. The written decision must appear in the written records of the legislative body. (b) A decision under this section is appealable to a circuit or superior cou…

Sec. 1. As used in this chapter, "facility" includes the following: (1) A health facility licensed under this article. (2) A residential care facility. As added by P.L.142-2021, SEC.5.

Sec. 10. (a) A facility, its employees, and contractors are immune from civil liability for an injury or harm caused by or resulting from: (1) the exposure of a contagious disease or other harmful agent that is specified during a disaster emergency declared under IC 10-14-3-12; o…

caregiver program Sec. 2. The state department shall adopt standards and guidelines concerning the essential family caregiver program to be implemented during a declared emergency or a public health emergency for the purpose of establishing protocols for a facility to designate a…

and representatives; discretion in designation; reconsideration of denial Sec. 3. (a) A facility shall participate in the essential family caregiver program established and maintained by the state department under section 2 of this chapter. (b) A facility shall inform residents o…

Sec. 4. To be designated as an essential family caregiver of a resident, an individual must at least meet the following: (1) Is at least eighteen (18) years of age. (2) Either: (A) before the declared emergency or public health emergency that resulted in the placement of visitati…

Sec. 5. A resident or a resident's designated representative must agree to a designation of an individual as the resident's essential family caregiver before the designation may occur. The resident or resident's designated representative may revoke the agreement concerning a desi…

plan Sec. 6. (a) If a facility designates an individual as an essential family caregiver for a resident, the following must occur: (1) The facility must set forth in writing the hours of visitation and the length of time of the visitation. (2) The facility shall provide a written…

Sec. 7. A facility may restrict an established plan of visitation by an essential family caregiver for any of the following: (1) The essential family caregiver's violation of the rules set forth in the individualized plan established under section 6 of this chapter. (2) The essen…

state department Sec. 8. (a) If a facility is unable to comply with this chapter or any requirements for the program established by the state department, the facility shall notify the state department of the reason the facility may not comply with the program and what the facilit…

Sec. 9. The state department may adopt rules under IC 4-22-2 concerning the essential family caregiver program, including: (1) the oversight and enforcement of the essential family caregiver program; (2) the establishment of requirements for plans for correction for a violation b…

As added by P.L.24-1998, SEC.1. Repealed by P.L.205-2003, SEC.44.

Sec. 2. This chapter does not apply to the following: (1) A licensed physician. (2) A hospital, an ambulatory outpatient surgical center, or a birthing center. (3) A person providing health care in a hospital, an ambulatory outpatient surgical center, or a birthing center license…

Sec. 3. As used in this chapter, "defibrillator" means an automatic external defibrillator. As added by P.L.24-1998, SEC.1.

Sec. 4. A person or entity acquiring a defibrillator shall ensure that the defibrillator is maintained and tested according to the manufacturer's operational guidelines. As added by P.L.24-1998, SEC.1. Amended by P.L.74-2006, SEC.4.

Sec. 5. A person or entity in possession of a defibrillator shall: (1) notify the ambulance service provider that serves the area where the person or entity is located of the acquisition and location of the defibrillator; and (2) register the device with the department of homelan…

As added by P.L.24-1998, SEC.1. Repealed by P.L.170-2022, SEC.33.

Sec. 1. This chapter applies to a physician. As added by P.L.271-2001, SEC.3.

Sec. 1.5. As used in this chapter, "training or educational purposes" means for the purpose of: (1) teaching or giving lectures to: (A) medical students; (B) physicians; (C) coroners; (D) law enforcement personnel; (E) public safety personnel; (F) attorneys; or (G) an individual …

Sec. 2. Except as provided in section 3 of this chapter, a photograph, a video recording, or an audio recording of an autopsy in the custody of a physician is confidential. As added by P.L.271-2001, SEC.3.

Sec. 3. (a) A surviving spouse may: (1) view and copy a photograph or video recording; and (2) listen to and copy an audio recording; of the deceased spouse's autopsy. If there is no surviving spouse, the surviving parents shall have access to the records under this subsection. I…

Sec. 4. (a) A court, upon a showing of good cause, may issue an order authorizing a person to: (1) view or copy a photograph or video recording; and (2) listen to or copy an audio recording; of an autopsy, and may prescribe any restrictions or stipulations that the court consider…

Sec. 5. (a) A surviving spouse shall be given: (1) reasonable notice of the petition filed with the court to view or copy a photograph or video recording of an autopsy or a petition to listen to or copy an audio recording; (2) a copy of the petition filed with the court to view o…

Sec. 6. (a) A provider who: (1) is the custodian of a photograph, a video recording, or an audio recording of an autopsy; and (2) knowingly or intentionally violates this chapter; commits a Class A misdemeanor. (b) A person who knowingly or intentionally violates a court order is…

Sec. 1. As used in this chapter, "local health department" refers to: (1) a local health department established under IC 16-20; or (2) the health and hospital corporation created under IC 16-22-8. As added by P.L.208-2015, SEC.9.

Sec. 10. A program shall file a quarterly report with the state department. The report must contain the following information listed on a daily basis and by the location, identified by the postal ZIP code, where the program distributed and collected syringes and needles: (1) The …

denial; renewal; notification of state health commissioner Sec. 11. (a) If the state health commissioner receives a request to declare a public health emergency under this chapter, the state health commissioner shall approve, deny, or request additional information concerning the…

Sec. 12. (a) Before November 1 of each year, the state department shall submit a report concerning syringe exchange programs operated under this chapter to the governor and to the general assembly in an electronic format under IC 5-14-6. (b) Before November 1, 2020, as part of th…