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[Pre-1992 Revision Citations:
Pre-Local Government Recodification Citations:
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
[Pre-1992 Title 12 Revision Citations:
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
[Pre-Local Government Recodification Citations:
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1993, SEC.209.
[Pre-Local Government Recodification Citations:
Repealed by P.L.2-1993, SEC.209.
Repealed by P.L.2-1992, SEC.897.
Repealed by P.L.2-1992, SEC.897.
Repealed by P.L.28-1985, SEC.63.
Repealed by P.L.2-1992, SEC.897.
Repealed by P.L.9-1991, SEC.98.
Sec. 1. Except as otherwise provided, the definitions in this article apply throughout this title.
[Pre-1993 Recodification Citations: 16-1-1-4; 16-2.5-1-1.]
As added by P.L.2-1993, SEC.1.
Sec. 2. Except as otherwise provided in this title, a reference to a federal statute or regulation in this title is a reference to the statute or regulation as in effect on January 1, 1993.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1.
Sec. 3. Except as otherwise provided in this title, a reference in this title to a federal statute or regulation relating to the federal National Voter Registration Act of 1993 (52 U.S.C. 20501) is a reference to the statute or regulation as in effect September 1, 2014.
As added by P.L.122-2000, SEC.16. Amended by P.L.81-2005, SEC.33 and P.L.230-2005, SEC.70; P.L.128-2015, SEC.236.
Sec. 4. An ordinance or plan adopted under IC 16-13-21-13 (before its repeal) is void.
As added by P.L.220-2011, SEC.306.
Sec. 5. The general assembly may, by concurrent resolution, preserve any of the background materials related to P.L.2-1993.
As added by P.L.220-2011, SEC.307.
Sec. 0.5. (a) "Abatement", for purposes of IC 16-41-39.8, means any measure or set of measures designed to permanently eliminate lead-based paint hazards. The term includes the following:
(1) The removal of lead-based paint and lead-contaminated dust.
(2) The permanent enclosure or encapsulation of lead-based paint.
(3) The replacement of lead-painted surfaces or fixtures.
(4) The removal or covering of lead-contaminated soil.
(5) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with subdivisions (1) through (4).
(6) A project for which there is a written contract or other documentation, providing that a person will be conducting activities in or to a residential dwelling or child occupied facility that:
(A) will permanently eliminate lead-based paint hazards; or
(B) are designed to permanently eliminate lead-based paint hazards as described under subdivisions (1) through (5).
(7) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons certified under 40 CFR 745.226 or persons holding valid licenses issued under IC 13-17-14 (before its repeal) or IC 16-41-39.8, unless the project is described under subsection (b) or (c).
(8) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through the person's company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless those projects are described under subsection (b) or (c).
(9) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to state or local abatement orders.
(b) The term does not include renovation, remodeling, landscaping, or other activities when those activities are not designed to permanently eliminate lead-based paint hazards but are designed to repair, restore, or remodel a structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
(c) The term does not include interim controls, operations, or maintenance activities or other measures designed to temporarily reduce lead-based paint hazards.
As added by P.L.57-2009, SEC.3. Amended by P.L.1-2010, SEC.67; P.L.42-2011, SEC.33.
Sec. 1. "Abortion" means the termination of human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. The term includes abortions by surgical procedures and by abortion inducing drugs.
[Pre-1993 Recodification Citation: 35-1-58.5-1(b).]
As added by P.L.2-1993, SEC.1. Amended by P.L.136-2013, SEC.1.
Note: This version of section effective until 7-1-2018. See also following version of this section, effective 7-1-2018.
Sec. 1.5. (a) "Abortion clinic", for purposes of IC 16-21-2, IC 16-34-3, and IC 16-41-16, means a health care provider (as defined in section 163(d)(1) of this chapter) that:
(1) performs surgical abortion procedures; or
(2) beginning January 1, 2014, provides an abortion inducing drug for the purpose of inducing an abortion.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as an ambulatory outpatient surgical center under IC 16-21-2.
(3) A health care provider that provides, prescribes, administers, or dispenses an abortion inducing drug to fewer than five (5) patients per year for the purposes of inducing an abortion.
As added by P.L.96-2005, SEC.2. Amended by P.L.136-2013, SEC.2; P.L.92-2015, SEC.1; P.L.113-2015, SEC.1; P.L.213-2016, SEC.1; P.L.86-2018, SEC.166.
Note: This version of section effective 7-1-2018. See also preceding version of this section, effective until 7-1-2018.
Sec. 1.5. (a) "Abortion clinic", for purposes of IC 16-21-2, IC 16-34-2-4.7, IC 16-34-3, and IC 16-41-16, means a health care provider (as defined in section 163(d)(1) of this chapter) that:
(1) performs surgical abortion procedures; or
(2) beginning January 1, 2014, provides an abortion inducing drug for the purpose of inducing an abortion.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as an ambulatory outpatient surgical center under IC 16-21-2.
(3) A health care provider that provides, prescribes, administers, or dispenses an abortion inducing drug to fewer than five (5) patients per year for the purposes of inducing an abortion.
As added by P.L.96-2005, SEC.2. Amended by P.L.136-2013, SEC.2; P.L.92-2015, SEC.1; P.L.113-2015, SEC.1; P.L.213-2016, SEC.1; P.L.86-2018, SEC.166; P.L.205-2018, SEC.1.
Sec. 1.6. "Abortion inducing drug" means a medicine, drug, or substance prescribed or dispensed with the intent of terminating a clinically diagnosable pregnancy with the knowledge that the termination will, with reasonable likelihood, cause the death of the fetus. The term includes the off-label use of a drug known to have abortion inducing properties if the drug is prescribed with the intent of causing an abortion.
As added by P.L.136-2013, SEC.3.
Sec. 1.7. "Abortion complication", for purposes of IC 16-34-2-4.7, has the meaning set forth in IC 16-34-2-4.7.
As added by P.L.205-2018, SEC.2.
Sec. 1.8. "Additional forensic services", for purposes of IC 16-21-8, means the following:
(1) Initial pregnancy and sexually transmitted disease testing related to an alleged sex crime.
(2) Prophylactic medication related to pregnancy, pregnancy testing, or sexually transmitted disease testing. This subdivision includes HIV prophylactic medication.
(3) Alcohol and drug testing.
(4) Syphilis testing up to ninety (90) days after an alleged sex crime.
(5) Pregnancy testing up to thirty (30) days after an alleged sex crime.
(6) Mental health counseling concerning problems directly related to an alleged sex crime.
As added by P.L.121-2006, SEC.20. Amended by P.L.104-2017, SEC.1.
Sec. 2. "Adjustment and incentive support", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-2.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 3. "Administrative adjudication, decision, or order", for purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-1.
[Pre-1993 Recodification Citation: 16-12-22-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 4. "Administrative unit", for purposes of IC 16-19-6, has the meaning set forth in IC 16-19-6-1.
[Pre-1993 Recodification Citation: 16-7-3-2(a).]
As added by P.L.2-1993, SEC.1.
Sec. 5. "Adult" means an individual who is at least eighteen (18) years of age.
[Pre-1993 Recodification Citations: 16-8-1-3 part; 16-8-12-1(1).]
As added by P.L.2-1993, SEC.1.
Sec. 5.5. "Adult stem cell" means an undifferentiated cell that:
(1) is found in a differentiated tissue;
(2) is renewable; and
(3) yields specialized cell types with certain limitations of the tissue from which it originated.
As added by P.L.126-2005, SEC.1.
[Pre-1993 Recodification Citation: 16-1-40-1(f).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.205-2003, SEC.44.
Sec. 6.5. "Advanced emergency medical technician", for purposes of IC 16-31, means an individual who can perform at least one (1) procedure but not all the procedures of a paramedic and who:
(1) has completed a prescribed course in advanced life support;
(2) has been certified by the Indiana emergency medical services commission;
(3) is associated with a single supervising hospital; and
(4) is affiliated with a provider organization.
As added by P.L.77-2012, SEC.4.
Sec. 7. (a) "Advanced life support", for purposes of IC 16-31, means care that is given:
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in IC 35-31.5-2-329), if the governor has declared a disaster emergency under IC 10-14-3-12 in response to the act of terrorism; or
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a paramedic or an advanced emergency medical technician and that is more advanced than the care usually provided by an emergency medical technician.
(b) The term may include any of the following:
(1) Defibrillation.
(2) Endotracheal intubation.
(3) Parenteral injections of appropriate medications.
(4) Electrocardiogram interpretation.
(5) Emergency management of trauma and illness.
[Pre-1993 Recodification Citation: 16-1-40-1(a).]
As added by P.L.2-1993, SEC.1. Amended by P.L.156-2001, SEC.1; P.L.17-2002, SEC.1; P.L.2-2003, SEC.43; P.L.205-2003, SEC.8; P.L.77-2012, SEC.5; P.L.114-2012, SEC.39; P.L.13-2013, SEC.52.
Sec. 8. "Advertisement", for purposes of IC 16-42-1 through IC 16-42-4, means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices, or cosmetics.
[Pre-1993 Recodification Citation: 16-1-28-3(o).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 13-1-2-3(u).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.113-2010, SEC.170.
Sec. 9.3. "Advisory council", for purposes of IC 16-19-17, refers to the palliative care and quality of life advisory council established by IC 16-19-17-3.
As added by P.L.102-2008, SEC.1. Amended by P.L.43-2016, SEC.1.
Sec. 9.4. "Affiliate", for purposes of IC 16-21-2-11, means any person who directly or indirectly controls, is controlled by, or is under common control of another person.
As added by P.L.205-2018, SEC.3.
Sec. 9.5. "After care", for purposes of IC 16-21-12, has the meaning set forth in IC 16-21-12-1.
As added by P.L.137-2015, SEC.1.
Sec. 10. "Agency", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-2.
[Pre-1993 Recodification Citation: 13-1-13-1.]
As added by P.L.2-1993, SEC.1. Amended by P.L.205-2003, SEC.9; P.L.101-2006, SEC.23; P.L.2-2007, SEC.178; P.L.101-2007, SEC.1; P.L.42-2011, SEC.34; P.L.141-2012, SEC.5.
Sec. 11. "Agricultural labor camp", for purposes of IC 16-41-26, has the meaning set forth in IC 16-41-26-1.
[Pre-1993 Recodification Citation: 13-1-9-1.]
As added by P.L.2-1993, SEC.1.
Sec. 12. "Alcohol and drug abuse records", for purposes of IC 16-39, means recorded or unrecorded information concerning the diagnosis, treatment, or prognosis of a patient receiving alcohol or drug abuse treatment services.
[Pre-1993 Recodification Citation: 16-4-8-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 13. "Ambulance", for purposes of IC 16-31, means a conveyance on:
(1) land;
(2) sea; or
(3) air;
that is used or is intended to be used for the purpose of responding to emergency life-threatening situations and providing emergency transportation service.
[Pre-1993 Recodification Citation: 16-1-39-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 14. (a) "Ambulatory outpatient surgical center", for purposes of IC 16-21 and IC 16-38-2, means a public or private institution that meets the following conditions:
(1) Is established, equipped, and operated primarily for the purpose of performing surgical procedures and services.
(2) Is operated under the supervision of at least one (1) licensed physician or under the supervision of the governing board of the hospital if the center is affiliated with a hospital.
(3) Permits a surgical procedure to be performed only by a physician, dentist, or podiatrist who meets the following conditions:
(A) Is qualified by education and training to perform the surgical procedure.
(B) Is legally authorized to perform the procedure.
(C) Is privileged to perform surgical procedures in at least one (1) hospital within the county or an Indiana county adjacent to the county in which the ambulatory outpatient surgical center is located.
(D) Is admitted to the open staff of the ambulatory outpatient surgical center.
(4) Requires that a licensed physician with specialized training or experience in the administration of an anesthetic supervise the administration of the anesthetic to a patient and remain present in the facility during the surgical procedure, except when only a local infiltration anesthetic is administered.
(5) Provides at least one (1) operating room and, if anesthetics other than local infiltration anesthetics are administered, at least one (1) postanesthesia recovery room.
(6) Is equipped to perform diagnostic x-ray and laboratory examinations required in connection with any surgery performed.
(7) Does not provide accommodations for patient stays of longer than twenty-four (24) hours.
(8) Provides full-time services of registered and licensed nurses for the professional care of the patients in the postanesthesia recovery room.
(9) Has available the necessary equipment and trained personnel to handle foreseeable emergencies such as a defibrillator for cardiac arrest, a tracheotomy set for airway obstructions, and a blood bank or other blood supply.
(10) Maintains a written agreement with at least one (1) hospital for immediate acceptance of patients who develop complications or require postoperative confinement.
(11) Provides for the periodic review of the center and the center's operations by a committee of at least three (3) licensed physicians having no financial connections with the center.
(12) Maintains adequate medical records for each patient.
(13) Meets all additional minimum requirements as established by the state department for building and equipment requirements.
(14) Meets the rules and other requirements established by the state department for the health, safety, and welfare of the patients.
(b) The term does not include a birthing center.
[Pre-1993 Recodification Citation: 16-10-1-6(b).]
As added by P.L.2-1993, SEC.1. Amended by P.L.17-2004, SEC.1; P.L.96-2005, SEC.1.
Sec. 15. "Anabolic steroid", for purposes of IC 16-42-19, means a material, compound, mixture, or preparation that contains an anabolic steroid that includes any of the following:
Chorionic gonadotropin
Clostebol
Dehydrochlormethyltestosterone
Ethylestrenol
Fluoxymesterone
Mesterolone
Metenolone
Methandienone
Methandro stenolone
Methyltestosterone
Nandrolone decanoate
Nandrolone phenpropionate
Norethandrolone
Oxandrolone
Oxymesterone
Oxymetholone
Stanozolol
Testosterone propionate
Testosterone-like related compounds.
[Pre-1993 Recodification Citation: 16-6-8-12.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(x).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(m).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 17.2. "Anatomic pathology service", for purposes of IC 16-48-1, has the meaning set forth in IC 16-48-1-1.
As added by P.L.6-2012, SEC.110.
Sec. 18. "Antibiotic drug", for purposes of IC 16-42-3, has the meaning set forth in IC 16-42-3-1.
[Pre-1993 Recodification Citation: 16-1-30-12 part.]
As added by P.L.2-1993, SEC.1.
Sec. 18.5. "Any other disability", for purposes of IC 16-34, has the meaning set forth in IC 16-34-4-1.
As added by P.L.213-2016, SEC.2.
Sec. 19. (a) "Applicant", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-2.
(b) "Applicant", for purposes of IC 16-26-2, has the meaning set forth in IC 16-26-2-1.
[Pre-1993 Recodification Citation: 16-2.5-3-1.]
As added by P.L.2-1993, SEC.1. Amended by P.L.256-1999, SEC.3.
Sec. 20. "Appropriate facility", for purposes of IC 16-36-3, has the meaning set forth in IC 16-36-3-1.
[Pre-1993 Recodification Citation: 16-8-3-1(a).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-1-23-26 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 22. "Approved postsecondary educational institution" has the meaning set forth in IC 21-7-13-6(a).
[Pre-1993 Recodification Citation: 16-6.5-2-8 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.2-2007, SEC.179.
Sec. 23. "Approved laboratory", for purposes of IC 16-41-6 and IC 16-41-15, has the meaning set forth in IC 16-41-15-1.
[Pre-1993 Recodification Citation: 16-1-11-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.237-2003, SEC.3.
Sec. 24. "Armed forces of the United States", for purposes of IC 16-33-4, has the meaning set forth in IC 16-33-4-1.
[Pre-1993 Recodification Citation: 16-6.5-5-1.]
As added by P.L.2-1993, SEC.1.
Sec. 25. "Artificial insemination", for purposes of IC 16-41-14, has the meaning set forth in IC 16-41-14-2.
[Pre-1993 Recodification Citation: 16-8-7.5-1.]
As added by P.L.2-1993, SEC.1.
Sec. 26. "Assembly", for purposes of IC 16-41-22, has the meaning set forth in IC 16-41-22-2.
[Pre-1993 Recodification Citation: 16-1-42-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 26.5. "Association", for purposes of IC 16-39-5-3, has the meaning set forth in IC 16-39-5-3(a).
As added by P.L.231-1999, SEC.10.
Sec. 27. "ASTM" refers to the American Society for Testing and Materials.
[Pre-1993 Recodification Citations: 16-6-11-1(d); 16-6-13-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.177-1993, SEC.1.
Sec. 27.5. "At home care plan", for purposes of IC 16-21-12, has the meaning set forth in IC 16-21-12-2.
As added by P.L.137-2015, SEC.2.
[Pre-1993 Recodification Citation: 13-1-2-3(f).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.3.
Sec. 28.5. (a) "Attendant care services", for purposes of IC 16-27-1 and IC 16-27-4, means services:
(1) that could be performed by an impaired individual for whom the services are provided if the individual were not impaired; and
(2) that enable the impaired individual:
(A) to live in the individual's home and community rather than in an institution; and
(B) to carry out functions of daily living, self-care, and mobility.
(b) The term includes the following:
(1) Assistance in getting in and out of beds, wheelchairs, and motor vehicles.
(2) Assistance with routine bodily functions, including:
(A) bathing and personal hygiene;
(B) using the toilet;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
(3) The provision of assistance:
(A) through providing reminders or cues to take medication, the opening of preset medication containers, and providing assistance in the handling or ingesting of medications, including controlled substances, prescription drugs, eye drops, herbs, supplements, and over-the-counter medications; and
(B) to an individual who is unable to accomplish the task due to an impairment and who is:
(i) competent and has directed the services; or
(ii) incompetent and has the services directed by a competent individual who may consent to health care for the impaired individual.
As added by P.L.255-2001, SEC.12. Amended by P.L.212-2005, SEC.3; P.L.86-2014, SEC.1.
Sec. 29. "Attending physician" means the licensed physician who has the primary responsibility for the treatment and care of the patient. For purposes of IC 16-36-5, the term includes a physician licensed in another state.
[Pre-1993 Recodification Citation: 16-8-11-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.148-1999, SEC.1.
Sec. 30. "Authority" refers to the following:
(1) For purposes of IC 16-22-6, the authority created under IC 16-22-6-2.
(2) For purposes of IC 16-22-7, the authority created under IC 16-22-7-5.
(3) For purposes of IC 16-22:
(A) the authority created under IC 16-22-6-2; or
(B) the county building authority provided for in IC 36-9-13.
[Pre-1993 Recodification Citations: 16-12-20-27(b); 16-12-20.5-1(a)(1); 16-12.1-1-2(e).]
As added by P.L.2-1993, SEC.1.
Sec. 30.2. "Autism spectrum disorder", for purposes of IC 16-32-4, has the meaning set forth in IC 16-32-4-1.
As added by P.L.56-2016, SEC.1.
Sec. 30.5. "Auto-injector" means a spring loaded needle and syringe:
(1) containing a single dose of medication; and
(2) that automatically releases and injects the medication.
As added by P.L.17-2002, SEC.2.
Sec. 31. "Autologous donation", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-1.
[Pre-1993 Recodification Citation: 16-8-7-1(a).]
As added by P.L.2-1993, SEC.1.
Sec. 32. "Autopsy", for purposes of IC 16-36-2, has the meaning set forth in IC 16-36-2-1.
[Pre-1993 Recodification Citation: 16-8-1-1.]
As added by P.L.2-1993, SEC.1.
Sec. 33. "Bank", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-2.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.1.
Sec. 33.5. (a) "Basic life support", for purposes of IC 16-31, means the following:
(1) Assessment of emergency patients.
(2) Administration of oxygen.
(3) Use of mechanical breathing devices.
(4) Application of anti-shock trousers.
(5) Performance of cardiopulmonary resuscitation.
(6) Application of dressings and bandage materials.
(7) Application of splinting and immobilization devices.
(8) Use of lifting and moving devices to ensure safe transport.
(9) Administration of epinephrine through an auto-injector.
(10) Blood glucose monitoring that is not more invasive than a capillary sampling using a lancet.
(11) Other procedures authorized by the Indiana emergency medical services commission, including procedures contained in the revised national emergency medical technician basic training curriculum guide.
(b) Except as provided by:
(1) subsection (a)(9) and the training and certification standards established under IC 16-31-2-9(3); and
(2) the training standards established under IC 16-31-2-9(4);
the term does not include invasive medical care techniques or advanced life support.
As added by P.L.186-1995, SEC.1. Amended by P.L.17-2002, SEC.3; P.L.93-2002, SEC.1; P.L.205-2003, SEC.10; P.L.74-2006, SEC.1; P.L.77-2012, SEC.6; P.L.208-2015, SEC.1.
Sec. 34. "Bed and breakfast establishments", for purposes of IC 16-41-31, has the meaning set forth in IC 16-41-31-1.
[Pre-1993 Recodification Citation: 16-9-6-1.]
As added by P.L.2-1993, SEC.1.
Sec. 35. "Bedding", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-5.
[Pre-1993 Recodification Citation: 16-9-4-2(a).]
As added by P.L.2-1993, SEC.1.
Sec. 35.8. "Biological product", for purposes of IC 16-42-25, has the meaning set forth in IC 16-42-25-1.
As added by P.L.96-2014, SEC.1.
Sec. 36. "Biologicals", for purposes of IC 16-41-19, has the meaning set forth in IC 16-41-19-1.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1.
Sec. 36.2. "Biosimilar", for purposes of IC 16-42-25, has the meaning set forth in IC 16-42-25-2.
As added by P.L.96-2014, SEC.2.
Sec. 36.5. (a) "Birthing center", for purposes of IC 16-21-2 and IC 16-21-13, means a freestanding entity that has the sole purpose of delivering a normal or uncomplicated pregnancy.
(b) The term does not include a hospital that is licensed as a hospital under IC 16-21-2.
As added by P.L.96-2005, SEC.3. Amended by P.L.134-2008, SEC.8; P.L.138-2014, SEC.5; P.L.16-2018, SEC.1; P.L.111-2018, SEC.7.
Sec. 36.9. "Blood", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-2.5.
As added by P.L.213-2013, SEC.1.
Sec. 37. "Blood center", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-3.
[Pre-1993 Recodification Citation: 16-8-7-1(c).]
As added by P.L.2-1993, SEC.1.
Sec. 37.5. (a) "Board", for purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-2.1.
(b) "Board", for purposes of IC 16-41-42.2, has the meaning set forth in IC 16-41-42.2-1.
As added by P.L.184-2005, SEC.4. Amended by P.L.234-2007, SEC.44; P.L.3-2008, SEC.103.
Sec. 37.7. "Board of commissioners", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-3.
As added by P.L.2-2007, SEC.180.
Sec. 37.8. "Board of trustees", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-4.
As added by P.L.2-2007, SEC.181.
Sec. 38. "Branch locker plant" means a location or an establishment in which space in individual lockers is rented to individuals for the storage of food at not more than forty-five (45) degrees Fahrenheit after the food has been prepared for storage at a central plant.
[Pre-1993 Recodification Citations: 16-1-22-2; 16-6-4-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 39. "Brand name", for purposes of IC 16-42-22, has the meaning set forth in IC 16-42-22-1.
[Pre-1993 Recodification Citation: 16-6-8.1-1 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(v).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 41. (a) "Building", for purposes of IC 16-22 and except as provided in subsection (b), means a building, or an addition, for hospital purposes, and includes the site if a site is acquired, the equipment, heating facilities, sewage disposal facilities, landscaping, walks, drives, parking facilities and other structures, facilities, appurtenances, materials, and supplies that may be necessary to render that building suitable for use and occupancy for hospital purposes.
(b) "Building", for purposes of IC 16-22-2, has the meaning set forth in subsection (a) and includes, in the discretion of the governing board, clinics and offices for physicians.
[Pre-1993 Recodification Citations: 16-12-20-27(d); 16-12-20.5-1(a)(3); 16-12.1-1-2(g).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(i).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-23-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-34-1.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
[Pre-1993 Recodification Citation: 13-1-2-3(i).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.4.
As added by P.L.188-2017, SEC.1. Repealed by P.L.153-2018, SEC.2.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(h).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-23-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(j).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 48.5. "Cardiopulmonary resuscitation" or "CPR", for purposes of IC 16-36-5 and IC 16-36-6, means cardiopulmonary resuscitation or a component of cardiopulmonary resuscitation, including:
(1) cardiac compression;
(2) endotracheal intubation and other advanced airway management;
(3) artificial ventilation;
(4) defibrillation;
(5) administration of cardiac resuscitation medications; and
(6) related procedures.
The term does not include the Heimlich maneuver or a similar procedure used to expel an obstruction from the throat.
As added by P.L.148-1999, SEC.2. Amended by P.L.67-2018, SEC.1.
As added by P.L.188-2017, SEC.2. Repealed by P.L.153-2018, SEC.3.
Sec. 49. "Carrier", for purposes of IC 16-41, means a person who has:
(1) tuberculosis in a communicable stage; or
(2) another dangerous communicable disease.
[Pre-1993 Recodification Citation: 16-1-10.5-1.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-1-8.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.28-2009, SEC.16.
Sec. 51. (a) "Center", for purposes of IC 16-19-10, has the meaning set forth in IC 16-19-10-1.
(b) "Center", for purposes of IC 16-33-3, has the meaning set forth in IC 16-33-3-1.
[Pre-1993 Recodification Citations: Part new; 16-1-48-1.]
As added by P.L.2-1993, SEC.1.
Sec. 51.5. "Certified food handler", for purposes of IC 16-42-5.2, has the meaning set forth in IC 16-42-5.2-4.
As added by P.L.266-2001, SEC.1.
Sec. 52. "Certificate" or "certification", for purposes of IC 16-31, means authorization in written form issued by the Indiana emergency medical services commission to a person to furnish, operate, conduct, maintain, advertise, or otherwise engage in providing emergency medical services as a part of a regular course of doing business, either paid or voluntary.
[Pre-1993 Recodification Citation: 16-1-39-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 52.5. (a) "Charity care", for purposes of IC 16-21-6 and IC 16-21-9, means the unreimbursed cost to a hospital of providing, funding, or otherwise financially supporting health care services:
(1) to a person classified by the hospital as financially indigent or medically indigent on an inpatient or outpatient basis; and
(2) to financially indigent patients through other nonprofit or public outpatient clinics, hospitals, or health care organizations.
(b) As used in this section, "financially indigent" means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for the services rendered based on the hospital's financial criteria and procedure used to determine if a patient is eligible for charity care. The criteria and procedure must include income levels and means testing indexed to the federal poverty guidelines. A hospital may determine that a person is financially or medically indigent under the hospital's eligibility system after health care services are provided.
(c) As used in this section, "medically indigent" means a person whose medical or hospital bills after payment by third party payors exceed a specified percentage of the patient's annual gross income as determined in accordance with the hospital's eligibility system, and who is financially unable to pay the remaining bill.
As added by P.L.94-1994, SEC.1.
Sec. 53. "Checklist", for purposes of IC 16-20-8, has the meaning set forth in IC 16-20-8-1.
[Pre-1993 Recodification Citation: 16-1-4-8.5(a).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-8.1-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.239-1999, SEC.9.
Sec. 54.3. "Child", for purposes of IC 16-35-8, has the meaning set forth in IC 16-35-8-1.
As added by P.L.1-2010, SEC.68.
Sec. 54.5. "Childhood hazards", for purposes of IC 16-41-40, has the meaning set forth in IC 16-41-40-1.5.
As added by P.L.101-1999, SEC.1.
Sec. 54.7. "Child-occupied facility", for purposes of lead-based paint activities and IC 16-41-39.8, means a building or a portion of a building that:
(1) was constructed before 1978;
(2) does not qualify as target housing (as defined in section 346.3 of this chapter); and
(3) is visited regularly by a child who is not more than six (6) years of age under the following circumstances described in clause (A), (B), or (C):
(A) The child visits at least two (2) days a week (Sunday through Saturday) and each of the visits lasts at least three (3) hours.
(B) The child visits at least six (6) hours each week.
(C) The child's combined annual visits during a calendar year total at least sixty (60) hours.
The term includes day care centers, preschools, and kindergarten classrooms.
As added by P.L.57-2009, SEC.4.
Sec. 55. "Children", for purposes of IC 16-35-2, has the meaning set forth in IC 16-35-2-1.
[Pre-1993 Recodification Citation: 16-6.5-2-1.]
As added by P.L.2-1993, SEC.1.
Sec. 55.5. "Chronic disease", for purposes of IC 16-38-6, has the meaning set forth in IC 16-38-6-1.
As added by P.L.212-2003, SEC.2.
Sec. 56. "City health department", for purposes of IC 16-20-4, has the meaning set forth in IC 16-20-4-2.
[Pre-1993 Recodification Citation: 16-1-7-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 56.2. "Clearance examination", for purposes of IC 16-41-39.4, means an activity conducted by a clearance examiner who is licensed under IC 16-41-39.8 to establish proper completion of interim controls (as defined in 24 CFR 35.110).
As added by P.L.102-2008, SEC.2. Amended by P.L.57-2009, SEC.5.
Sec. 56.3. "Client", for purposes of IC 16-27-4, has the meaning set forth in IC 16-27-4-1.
As added by P.L.212-2005, SEC.4.
Sec. 56.5. (a) "Cloning" means the use of asexual reproduction to create or grow a human embryo from a single cell or cells of a genetically identical human.
(b) The term does not include:
(1) a treatment or procedure to enhance human reproductive capability through the manipulation of human oocytes or embryos, including the following:
(A) In vitro fertilization.
(B) Gamete intrafallopian transfer.
(C) Zygote intrafallopian transfer; or
(2) the following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent has given written consent for the use of the fetal stem cells.
(C) Embryonic stem cells from lines that are permissible for use under applicable federal law.
As added by P.L.126-2005, SEC.2.
Sec. 57. "Cold storage", for purposes of IC 16-42, means the storage of foods for at least thirty (30) days and at a temperature of not more than forty-five (45) degrees Fahrenheit.
[Pre-1993 Recodification Citation: 16-1-21-2.]
As added by P.L.2-1993, SEC.1.
Sec. 58. (a) "Cold storage warehouse", for purposes of IC 16-42, means a structure, a part of a structure, or a fixture that meets the following conditions:
(1) Uses refrigerating machinery or ice for the purpose of refrigeration.
(2) Is used for cold storage of foods.
(b) The term does not include the following:
(1) A locker plant or a branch locker plant.
(2) Refrigerated storage facilities operated by a farmer and used exclusively for the storage of raw, unprocessed fruits or vegetables produced by the farmer on the farmer's farm.
(3) Cold storage equipment used to store perishable foods or food products in conjunction with a dairy operation or a retail grocery.
[Pre-1993 Recodification Citation: 16-1-21-1.]
As added by P.L.2-1993, SEC.1.
Sec. 59. "Color", for purposes of IC 16-42-1 through IC 16-42-4, includes black, white, and intermediate grays.
[Pre-1993 Recodification Citation: 16-1-28-3(x)(2).]
As added by P.L.2-1993, SEC.1.
Sec. 60. (a) "Color additive", for purposes of IC 16-42-1 through IC 16-42-4, means a material that:
(1) is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or
(2) when added or applied to a food, drug, or cosmetic or to the human body is capable (alone or through reaction with other substances) of imparting color.
The term does not include any material that has been exempted under the Federal Act.
(b) Subsection (a) does not apply to a pesticide chemical, soil or plant nutrient, or otherwise, affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting the produce's color, either before or after harvest.
[Pre-1993 Recodification Citations: 16-1-28-3(x)(1),(x)(3); 16-6-5-3(hh) part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.58.
[Pre-1993 Recodification Citation: 16-6-5-3(l).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 62. (a) "Commission", for purposes of IC 16-19-6, refers to the commission for special institutions.
(b) "Commission", for purposes of IC 16-31, refers to the Indiana emergency medical services commission.
(c) "Commission", for purposes of IC 16-46-11.1, has the meaning set forth in IC 16-46-11.1-1.
[Pre-1993 Recodification Citations: 16-1-39-2 part; 16-1-40-1(b); 16-7-3-2(b).]
As added by P.L.2-1993, SEC.1. Amended by P.L.61-2004, SEC.1.
[Pre-1993 Recodification Citations: 16-1-14.5-1 part; 16-2-4-1 part; 16-2-5-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 64. "Communicable disease", for purposes of IC 16-41, has the meaning prescribed by the state department under IC 16-41-2.
[Pre-1993 Recodification Citations: 16-1-10.5-2; 16-1-46-10.]
As added by P.L.2-1993, SEC.1.
Sec. 64.4. "Community", for purposes of IC 16-21-6 and IC 16-21-9, means the primary geographic area encompassing at least the entire county in which the hospital is located and patient categories for which the hospital provides health care services.
As added by P.L.94-1994, SEC.2.
Sec. 64.5. "Community benefits", for purposes of IC 16-21-9, has the meaning set forth in IC 16-21-9-1.
As added by P.L.94-1994, SEC.3.
Sec. 65. "Community health services", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-3.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 66. "Community or migrant health center", for purposes of IC 16-46-5, has the meaning set forth in IC 16-46-5-1.
[Pre-1993 Recodification Citation: 16-3-6-1.3.]
As added by P.L.2-1993, SEC.1.
Sec. 66.5. "Competent witness", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-2.
As added by P.L.148-1999, SEC.3.
Sec. 66.7. "Component", for purposes of IC 16-41-39.8, has the meaning set forth in 24 CFR 35.110, as in effect July 1, 2002.
As added by P.L.57-2009, SEC.6.
Sec. 67. (a) "Comprehensive care bed", for purposes of IC 16-28-2.5, has the meaning set forth in IC 16-28-2.5-2.
(b) "Comprehensive care bed", for purposes of IC 16-29-2, has the meaning set forth in IC 16-29-2-1.
(c) "Comprehensive care bed", for purposes of IC 16-29-7, has the meaning set forth in IC 16-29-7-2.
[Pre-1993 Recodification Citations: 16-10-4-9.1(a) (b); 16-10-4-9.5(a).]
As added by P.L.2-1993, SEC.1. Amended by P.L.97-2004, SEC.63; P.L.229-2011, SEC.155; P.L.257-2015, SEC.1; P.L.202-2018, SEC.2.
Sec. 67.1. (a) "Comprehensive care health facility", for purposes of IC 16-28-2.5, has the meaning set forth in IC 16-28-2.5-3.
(b) "Comprehensive care health facility", for purposes of IC 16-29-7, has the meaning set forth in IC 16-29-7-3.
As added by P.L.257-2015, SEC.2. Amended by P.L.202-2018, SEC.3.
Sec. 67.5. "Comprehensive plan", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-5.
As added by P.L.2-2007, SEC.182.
Sec. 68. "Confirmatory test", for purposes of IC 16-41-12 and IC 16-41-14, has the meaning set forth in IC 16-41-12-4.
[Pre-1993 Recodification Citations: 16-8-7-1(d); 16-8-7.5-2.]
As added by P.L.2-1993, SEC.1.
Sec. 69. (a) "Consent", for purposes of IC 16-34, means a written agreement to submit to an abortion:
(1) after the consenting party has had a full explanation of the abortion procedure to be performed, including disclosures and information required by IC 16-34-2-1.1; and
(2) as evidenced by the signature of the consenting party on a consent form prescribed by the state department of health.
(b) "Consent", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-1.
[Pre-1993 Recodification Citation: 35-1-58.5-1(f).]
As added by P.L.2-1993, SEC.1. Amended by P.L.187-1995, SEC.1; P.L.164-2013, SEC.1.
Sec. 69.2. "Consumer product", for purposes of IC 16-41-39.4, means an item or a component of an item that is produced or distributed for:
(1) sale to a consumer for use; or
(2) the personal use, consumption, or enjoyment of a consumer.
As added by P.L.102-2008, SEC.3.
Sec. 69.3. "Continuing care retirement community", for purposes of IC 16-28-15 and IC 16-29-7, has the meaning set forth in IC 16-28-15-2.
As added by P.L.229-2011, SEC.156. Amended by P.L.202-2018, SEC.4.
Sec. 69.4. "Contractual allowances", for purposes of IC 16-21-6, has the meaning set forth in IC 16-21-6-0.1.
As added by P.L.94-1994, SEC.4.
Sec. 69.5. "Contributions", for purposes of IC 16-21-6 and IC 16-21-9, means the dollar value of cash donations and the fair market value at the time of donation of in kind donations to the hospital from individuals, organizations, or other entities. The term does not include the value of a donation designated or otherwise restricted by the donor for purposes other than charity care.
As added by P.L.94-1994, SEC.5.
Sec. 70. "Construct", "erect", or "build", for purposes of IC 16-22, includes the renovation or rebuilding of an existing structure.
[Pre-1993 Recodification Citation: 16-12-20.5-1(a)(8).]
As added by P.L.2-1993, SEC.1.
Sec. 70.1. "Construction project" has the meaning set forth in IC 16-21-2-11.5(a).
As added by P.L.67-2005, SEC.1.
[Pre-1993 Recodification Citations: 16-1-8-1 part; 16-2-1-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 72. (a) "Consumer commodity", for purposes of IC 16-42-1 through IC 16-42-4, except as otherwise specifically provided by this section, means any food, drug, device, or cosmetic as those terms are defined by this article or in rules adopted under IC 16-42-1.
(b) The term does not include any of the following:
(1) Tobacco or a tobacco product.
(2) A commodity subject to packaging or labeling requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151-157) commonly known as the Virus-Serum Toxin Act.
(3) A drug subject to IC 16-42-3-6(a)(2), IC 16-42-3-4(12), or Section 503(b)(1) or 506 of the Federal Act.
(4) A beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. et seq.).
(5) A commodity subject to the Federal Seed Act (7 U.S.C. 1551-1610).
[Pre-1993 Recodification Citation: 16-1-28-3(t).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(cc).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 74. "Contaminated sharp", for purposes of IC 16-41-16, has the meaning set forth in IC 16-41-16-2.
[Pre-1993 Recodification Citation: 16-1-9.7-1.]
As added by P.L.2-1993, SEC.1.
Sec. 75. "Contaminated with filth", for purposes of IC 16-42-1 through IC 16-42-4, applies to a food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as necessary by all reasonable means, from all foreign or injurious contaminations.
[Pre-1993 Recodification Citation: 16-1-28-3(p).]
As added by P.L.2-1993, SEC.1.
Sec. 76. "Contracting county", for purposes of IC 16-24-2, has the meaning set forth in IC 16-24-2-2.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1.
Sec. 77. "Contributing county", for purposes of IC 16-22-6, has the meaning set forth in IC 16-22-6-27.
[Pre-1993 Recodification Citation: 16-12-20-16.5 part.]
As added by P.L.2-1993, SEC.1.
Sec. 78. "Controlled premises", for purposes of IC 16-42-20-2, has the meaning set forth in IC 16-42-20-2(a).
[Pre-1993 Recodification Citation: 16-6-8.5-2.]
As added by P.L.2-1993, SEC.1.
Sec. 79. "Controlled substance", for purposes of IC 16-42-21, has the meaning set forth in IC 16-42-21-1.
[Pre-1993 Recodification Citation: 16-6-12-1.]
As added by P.L.2-1993, SEC.1.
Sec. 80. "Corporation", for purposes of IC 16-22-8, IC 16-42-5, and IC 16-42-5.2, means the health and hospital corporation created under IC 16-22-8.
[Pre-1993 Recodification Citation: 16-12-21-1.]
As added by P.L.2-1993, SEC.1. Amended by P.L.266-2001, SEC.2.
[Pre-1993 Recodification Citation: 16-6-9-2(h).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 82. (a) "Cosmetic", for purposes of IC 16-42-1 through IC 16-42-4, means:
(1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance; and
(2) articles intended for use as a component of any of those articles.
(b) The term does not include soap.
[Pre-1993 Recodification Citation: 16-1-28-3(g).]
As added by P.L.2-1993, SEC.1.
Sec. 82.8. "Cost of receivership", for purposes of IC 16-28-8, has the meaning set forth in IC 16-28-8-0.5.
As added by P.L.29-2002, SEC.1.
Sec. 83. "Cost of construction", for purposes of IC 16-45, means the amount found by the Surgeon General of the United States to be necessary for the construction of a project.
[Pre-1993 Recodification Citations: 16-1-8-1 part; 16-2-1-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 84. "Council", for purposes of IC 16-46-6, refers to the interagency state council on black and minority health.
[Pre-1993 Recodification Citations: 16-1-44-1; 16-10-1-2.1; 16-10-4-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.12-2004, SEC.1; P.L.156-2011, SEC.6; P.L.197-2011, SEC.54; P.L.141-2014, SEC.1.
Sec. 85. "Counterfeit drug", for purposes of IC 16-42-1 through IC 16-42-4, means a drug:
(1) that, without authorization:
(A) bears;
(B) is labeled with; or
(C) is in a container that bears;
the trademark, trade name, or other identifying mark, imprint, or device, or any likeness of a drug manufacturer, processor, packer, or distributor other than the person or persons who in fact manufactured, processed, packed, or distributed the drug; and
(2) that falsely purports or is represented:
(A) to be the product of; or
(B) to have been packed or distributed by;
the other drug manufacturer, processor, packer, or distributor.
[Pre-1993 Recodification Citation: 16-1-28-3(q).]
As added by P.L.2-1993, SEC.1.
Sec. 86. "County", for the purposes of IC 16-22, means a county that owns and operates a county hospital.
[Pre-1993 Recodification Citations: 16-12-20-27(a); 16-12-20.5-1(a)(5); 16-12.1-1-2(f).]
As added by P.L.2-1993, SEC.1.
Sec. 86.5. "County council", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-6.
As added by P.L.2-2007, SEC.183.
Sec. 87. "County health fund", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-4.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 88. "County of residence of the child", for purposes of IC 16-33-4, has the meaning set forth in IC 16-33-4-2.
[Pre-1993 Recodification Citation: 16-6.5-5-10.]
As added by P.L.2-1993, SEC.1.
Sec. 88.5. "Crime of domestic or sexual violence" means a sex offense (as defined in IC 11-8-8-5.2) or a crime of domestic violence (as defined in IC 35-31.5-2-78). The term includes a delinquent act that would be a sex offense or a crime of domestic violence if committed by an adult.
As added by P.L.156-2014, SEC.4.
Sec. 89. "Customer", for purposes of IC 16-42-22, has the meaning set forth in IC 16-42-22-3.
[Pre-1993 Recodification Citation: 16-6-8.1-1 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(k).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 91. "Dangerous communicable disease", for purposes of IC 16-41, means a communicable disease that is classified by the state department as dangerous under IC 16-41-2-1.
[Pre-1993 Recodification Citations: 16-1-9.5-1; 16-1-9.7-3; 16-1-10.5-3; 16-1-45-1.]
As added by P.L.2-1993, SEC.1.
Sec. 91.3. "Data aggregation" has the meaning set forth in IC 16-39-5-3(b).
As added by P.L.44-2002, SEC.1.
Sec. 92. "Dead body", for purposes of IC 16-37-3, has the meaning set forth in IC 16-37-3-1.
[Pre-1993 Recodification Citation: 16-1-15-2(4).]
As added by P.L.2-1993, SEC.1.
Sec. 92.4. (a) "Declarant", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-3.
(b) "Declarant", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-2.
As added by P.L.148-1999, SEC.4. Amended by P.L.164-2013, SEC.2.
Sec. 92.6. (a) "Department", for purposes of IC 16-31-8.5, has the meaning set forth in IC 16-31-8.5-1.
(b) "Department", for purposes of IC 16-47-1, has the meaning set forth in IC 16-47-1-1.
As added by P.L.50-2004, SEC.2. Amended by P.L.101-2006, SEC.24.
Sec. 93. "Designated health official", for purposes of IC 16-41, means:
(1) the state health commissioner;
(2) an assistant state health commissioner; or
(3) a person designated by the state health commissioner or assistant state health commissioner to implement IC 16-41 in a specific situation.
[Pre-1993 Recodification Citation: 16-1-10.5-4.]
As added by P.L.2-1993, SEC.1.
Sec. 94. "Device", for purposes of IC 16-42-1 through IC 16-42-4 except for IC 16-42-1-7, IC 16-42-1-16(7), IC 16-42-2-3(7), IC 16-42-3-4(3), and IC 16-42-4-3(3), means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:
(1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or
(2) to affect the structure or any function of the body of man or other animals.
[Pre-1993 Recodification Citation: 16-1-28-3(f).]
As added by P.L.2-1993, SEC.1.
Sec. 95. "Directed donation", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-5.
[Pre-1993 Recodification Citation: 16-8-7-1(e).]
As added by P.L.2-1993, SEC.1.
Sec. 96. (a) "Director", for purposes of IC 16-19-13, refers to the director of the office of women's health established by IC 16-19-13-2.
(b) "Director", for purposes of IC 16-19-14, refers to the director of the office of minority health established by IC 16-19-14-4.
(c) "Director", for purposes of IC 16-27, means the individual acting under the authority of and assigned the responsibility by the state health commissioner to implement IC 16-27.
(d) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30, means the individual acting under the authority of and assigned the responsibility by the state health commissioner to implement IC 16-28, IC 16-29, and IC 16-30.
(e) "Director", for purposes of IC 16-31, refers to the executive director of the department of homeland security established by IC 10-19-2-1.
(f) "Director", for purposes of IC 16-35-2, refers to the director of the program for children with special health care needs.
[Pre-1993 Recodification Citations: 16-1-39-2.5; 16-1-40-1.2; 16-6.5-2-3; 16-10-4-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.52-1999, SEC.1; P.L.2-2003, SEC.44; P.L.12-2004, SEC.2; P.L.22-2005, SEC.18; P.L.38-2010, SEC.1.
Sec. 96.3. "Discharge", for purposes of IC 16-21-12, has the meaning set forth in IC 16-21-12-3.
As added by P.L.137-2015, SEC.3.
Sec. 96.5. "Distributed for use", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-5.5.
As added by P.L.213-2013, SEC.2.
Sec. 97. "Division" means the following:
(1) For purposes of IC 16-21-8, the meaning set forth in IC 16-21-8-0.2.
(2) For purposes of IC 16-22-8, the meaning set forth in IC 16-22-8-3.
(3) For purposes of IC 16-27, a group of individuals under the supervision of the director within the state department assigned the responsibility of implementing IC 16-27.
(4) For purposes of IC 16-28, a group of individuals under the supervision of the director within the state department assigned the responsibility of implementing IC 16-28.
(5) For purposes of IC 16-41-40, the division of family resources established by IC 12-13-1-1.
[Pre-1993 Recodification Citations: 16-10-4-1 part; 16-12-21-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.51-1998, SEC.1; P.L.12-2004, SEC.3; P.L.90-2005, SEC.1; P.L.41-2007, SEC.3; P.L.3-2008, SEC.104; P.L.161-2014, SEC.2.
Sec. 98. "Division director" and "director of a division", for purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-4.
[Pre-1993 Recodification Citation: 16-12-21-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 99. "DNA test", for purposes of IC 16-37-2-10, has the meaning set forth in IC 16-37-2-10(a).
[Pre-1993 Recodification Citation: 16-1-16-7(a).]
As added by P.L.2-1993, SEC.1.
Sec. 99.3. "DNR", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-4.
As added by P.L.148-1999, SEC.5.
Sec. 99.5. "Donations", for purposes of IC 16-21-6 and IC 16-21-9, means the unreimbursed costs of providing cash and in kind services and gifts, including facilities, equipment, personnel, and programs, to other nonprofit or public outpatient clinics, hospitals, or health care organizations.
As added by P.L.94-1994, SEC.6.
Sec. 100. "Donor insemination", for purposes of IC 16-41-14, has the meaning set forth in IC 16-41-14-3.
[Pre-1993 Recodification Citation: 16-8-7.5-3.]
As added by P.L.2-1993, SEC.1.
Sec. 100.5. "Down syndrome", for purposes of IC 16-34, has the meaning set forth in IC 16-34-4-2.
As added by P.L.213-2016, SEC.3.
Sec. 101. (a) "Drug", for purposes of IC 16-42-1 through IC 16-42-4, means the following:
(1) Articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them.
(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals.
(3) Articles other than food intended to affect the structure or any function of the body of man or other animals.
(4) Articles intended for use as a component of any article specified in subdivision (1), (2), or (3).
The term does not include devices or their components, parts, or accessories.
(b) "Drug", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-2.
[Pre-1993 Recodification Citations: 16-1-28-3(e); 16-6-8-2(j).]
As added by P.L.2-1993, SEC.1.
Sec. 102. "Drug order", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-3.
[Pre-1993 Recodification Citation: 16-6-8-2(e).]
As added by P.L.2-1993, SEC.1.
Sec. 103. "Drug sample", for purposes of IC 16-42-21, has the meaning set forth in IC 16-42-21-2.
[Pre-1993 Recodification Citation: 16-6-12-2.]
As added by P.L.2-1993, SEC.1.
Sec. 104. "Dwelling" includes any part of any building or the building's premises used as a place of residence or habitation or for sleeping by a person.
[Pre-1993 Recodification Citation: 16-1-25-4.]
As added by P.L.2-1993, SEC.1.
Sec. 104.5. "Education related costs", for purposes of IC 16-21-6, has the meaning set forth in IC 16-21-6-0.2.
As added by P.L.94-1994, SEC.7.
Sec. 105. "Effective treatment", for purposes of IC 16-41-16, has the meaning set forth in IC 16-41-16-3.
[Pre-1993 Recodification Citation: 16-1-9.7-2.]
As added by P.L.2-1993, SEC.1.
Sec. 105.5. "Eggs", for purposes of IC 16-42-11, has the meaning set forth in IC 16-42-11-1.1.
As added by P.L.28-2009, SEC.1.
Sec. 106. "Electronic products", for purposes of IC 16-41-35, has the meaning set forth in IC 16-41-35-5.
[Pre-1993 Recodification Citation: 13-1-2-3(b).]
As added by P.L.2-1993, SEC.1.
Sec. 106.3. For purposes of IC 16-42-3 and IC 16-42-22, "electronic signature" means an electronic sound, symbol, or process:
(1) attached to or logically associated with an electronically transmitted prescription or order; and
(2) executed or adopted by a person;
with the intent to sign the electronically transmitted prescription or order.
As added by P.L.204-2005, SEC.1.
Sec. 106.4. For purposes of IC 16-42-3, IC 16-42-19, and IC 16-42-22, "electronically transmitted" or "electronic transmission" means the transmission of a prescription in electronic form. The term does not include transmission of a prescription by facsimile.
As added by P.L.204-2005, SEC.2.
Sec. 106.5. "Eligible medical condition" means a condition for which an individual is eligible for assistance under IC 16-35-2.
As added by P.L.79-1999, SEC.1.
Sec. 106.6. "Elevated blood lead level", for purposes of IC 16-41-39.8, means a blood lead level of at least ten (10) micrograms of lead per deciliter of whole blood.
As added by P.L.57-2009, SEC.7.
Sec. 107. "Emergency ambulance services", for purposes of IC 16-31, means the transportation of emergency patients by ambulance and the administration of basic life support to emergency patients before or during the transportation.
[Pre-1993 Recodification Citation: 16-1-39-2 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.186-1995, SEC.2.
[Pre-1993 Recodification Citations: 16-1-39-2 part; 16-1-45-2.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.186-1995, SEC.19.
[Pre-1993 Recodification Citation: 16-1-45-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.186-1995, SEC.19.
Sec. 109.1. "Emergency medical dispatch agency", for purposes of IC 16-31-3.5, has the meaning set forth in IC 16-35-3.5-1.
As added by P.L.205-2003, SEC.11.
Sec. 109.3. "Emergency medical dispatcher", for purposes of IC 16-31-3.5, has the meaning set forth in IC 16-35-3.5-1.
As added by P.L.205-2003, SEC.12.
Sec. 109.5. "Emergency medical dispatching", for purposes of IC 16-31-3.5, has the meaning set forth in IC 16-35-3.5-1.
As added by P.L.205-2003, SEC.13.
Sec. 109.8. "Emergency medical responder", for purposes of IC 16-31, means an individual who is:
(1) certified under IC 16-31 and who meets the Indiana emergency medical services commission's standards for emergency medical responder certification; and
(2) the first individual to respond to an incident requiring emergency medical services.
As added by P.L.77-2012, SEC.7.
Sec. 110. "Emergency medical services", for purposes of IC 16-31, means the provision of emergency ambulance services or other services, including extrication and rescue services, utilized in serving an individual's need for immediate medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury.
[Pre-1993 Recodification Citations: 16-1-39-2 part; 16-1-40-1(g).]
As added by P.L.2-1993, SEC.1.
Sec. 111. "Emergency medical service facility", for purposes of IC 16-31 and IC 16-41, means those facilities that are licensed and operated under IC 16-21-2 and that are equipped, prepared, and staffed to provide medical care for emergency patients.
[Pre-1993 Recodification Citations: 16-1-39-2 part; 16-1-45-4.]
As added by P.L.2-1993, SEC.1.
As added by P.L.61-2015, SEC.2. Expired 7-1-2016 by P.L.61-2015, SEC.2.
Sec. 112. "Emergency medical technician", for purposes of IC 16-31, means an individual who is certified under IC 16-31 to provide basic life support at the scene of an accident, illness, or during transport.
[Pre-1993 Recodification Citation: 16-1-39-2 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.186-1995, SEC.3; P.L.85-2017, SEC.70.
As added by P.L.205-2003, SEC.14. Repealed by P.L.77-2012, SEC.8.
As added by P.L.205-2003, SEC.15. Repealed by P.L.77-2012, SEC.9.
Sec. 113. (a) "Emergency patient", for purposes of IC 16-31, means an individual who:
(1) is acutely ill, injured, incapacitated, or helpless; and
(2) requires emergency medical services.
(b) The term includes an individual who:
(1) requires transportation on a litter or cot; or
(2) is transported in a vehicle certified as an ambulance under IC 16-31-3.
[Pre-1993 Recodification Citation: 16-1-39-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 114. "Employer", for purposes of IC 16-41-11, has the meaning set forth in IC 16-41-11-1.
[Pre-1993 Recodification Citation: 16-10-7-1.]
As added by P.L.2-1993, SEC.1.
Sec. 114.5. "Encapsulant", for purposes of IC 16-41-39.8, means a substance that forms a barrier between lead-based paint and the environment using a liquid applied coating, with or without reinforcement materials, or an adhesively bonded covering material.
As added by P.L.57-2009, SEC.8.
Sec. 114.6. "Encapsulation", for purposes of IC 16-41-39.8, means the application of an encapsulant.
As added by P.L.57-2009, SEC.9.
Sec. 115. "Enriched", as applied to flour, for purposes of IC 16-42-10, has the meaning set forth in IC 16-42-10-1.
[Pre-1993 Recodification Citation: 16-6-3-1(b).]
As added by P.L.2-1993, SEC.1.
Sec. 115.5. "Entity", for purposes of IC 16-41-43, has the meaning set forth in IC 16-41-43-2.
As added by P.L.59-2015, SEC.1.
Sec. 116. "Environmental commissioner", for purposes of IC 16-41, refers to the commissioner of the department of environmental management appointed under IC 13-13-2-1.
[Pre-1993 Recodification Citations: 13-1-7-2(8); 13-1-8-2(a).]
As added by P.L.2-1993, SEC.1. Amended by P.L.1-1996, SEC.71.
Sec. 116.2. "Environmental investigation" means an identification and evaluation of lead hazards from nonstructural sources in a child's environment. The term includes the following:
(1) Presentation of results of the identification and evaluation, including recommendations for reducing or eliminating exposure.
(2) Education of the child's family concerning:
(A) lead hazards found; and
(B) temporary and permanent measures to protect the child from further exposure.
As added by P.L.102-2008, SEC.4.
Sec. 116.4. "Environmental rules board", for purposes of IC 16-41, refers to the board established by IC 13-13-8-3.
As added by P.L.113-2014, SEC.100.
Sec. 117. "Established name", for purposes of IC 16-42-3, has the meaning set forth in IC 16-42-3-2.
[Pre-1993 Recodification Citation: 16-1-30-8 part.]
As added by P.L.2-1993, SEC.1.
Sec. 117.5. "Evidence", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.2.
As added by P.L.161-2014, SEC.3.
[Pre-1993 Recodification Citation: 16-6-5-3(c).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 119. "Executive" has the meaning set forth in IC 36-1-2-5.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1.
Sec. 120. (a) "Executive board", except as provided in subsection (b), refers to the executive board of the state department of health.
(b) "Executive board", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-7.
[Pre-1993 Recodification Citations: 16-10-1-2.3; 16-10-2.2-8(b); 16-10-4.1-1.5.]
As added by P.L.2-1993, SEC.1. Amended by P.L.2-2007, SEC.184.
Sec. 121. (a) "Executive director", for purposes of IC 16-22, except as provided in subsection (b), means the chief administrative officer, president, or other individual appointed under IC 16-22-3-8.
(b) "Executive director", for purposes of IC 16-22-8 and IC 16-41-7.5, means the executive director of the health and hospital corporation appointed under IC 16-22-8-27.
[Pre-1993 Recodification Citation: 16-12.1-1-2(i).]
As added by P.L.2-1993, SEC.1. Amended by P.L.208-2015, SEC.2.
Sec. 121.3. "Expanded criminal history check", for purposes of IC 16-27-2, has the meaning set forth in IC 16-27-2-0.5.
As added by P.L.42-2011, SEC.35.
Sec. 121.5. "Extended length of stay" means a length of stay in an acute care hospital inpatient unit that exceeds one (1) standard deviation of the hospital wide average length of stay.
As added by P.L.162-1999, SEC.1.
Sec. 122. "Facility", for purposes of IC 16-41-11, has the meaning set forth in IC 16-41-11-2.
[Pre-1993 Recodification Citation: 16-10-7-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.61-2015, SEC.3; P.L.86-2018, SEC.167.
[Pre-1993 Recodification Citation: 16-10-6-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.256-1999, SEC.19.
Sec. 124. "Federal act", for purposes of IC 16-42-1 through IC 16-42-4, refers to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.), as amended by the FDA Food Safety Modernization Act (Public Law 111-353), and amendments to those statutes.
[Pre-1993 Recodification Citation: 16-1-28-3(a).]
As added by P.L.2-1993, SEC.1. Amended by P.L.101-2018, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(ff) part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 126. "Federal Food, Drug, and Cosmetic Act" means 21 U.S.C. 301 et seq.
[Pre-1993 Recodification Citation: 16-6-5-3(gg).]
As added by P.L.2-1993, SEC.1.
Sec. 127. "Federal Meat Inspection Act" means 21 U.S.C. 601 et seq.
[Pre-1993 Recodification Citation: 16-6-5-3(ff) part.]
As added by P.L.2-1993, SEC.1.
Sec. 128. "Federal Poultry Products Inspection Act" means 21 U.S.C. 451 et seq.
[Pre-1993 Recodification Citation: 16-6-5-3(ff) part.]
As added by P.L.2-1993, SEC.1.
Sec. 128.3. "Fertilization", for purposes of IC 16-34, means the fusion of a human spermatozoon with a human ovum.
As added by P.L.193-2011, SEC.2.
Sec. 128.5. (a) "Fetal stem cell" means any of the following types of stem cells taken from a fetus that was either miscarried or stillborn from any of the following sources:
(1) Placenta.
(2) Umbilical cord.
(3) Amniotic fluid.
(4) Fetal tissue.
(b) The term does not include any cells that are taken as the result of an abortion.
As added by P.L.126-2005, SEC.3. Amended by P.L.91-2012, SEC.1.
Sec. 128.7. "Fetus", for purposes of IC 16-34 and IC 16-41-16, means an unborn child, irrespective of gestational age or the duration of the pregnancy.
As added by P.L.113-2015, SEC.2. Amended by P.L.213-2016, SEC.4.
Sec. 129. "Filling material", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-6.
[Pre-1993 Recodification Citation: 16-9-4-2(b).]
As added by P.L.2-1993, SEC.1.
Sec. 130. "Financial institution", for purposes of IC 16-22-3-20, has the meaning set forth in IC 16-22-3-20(a).
[Pre-1993 Recodification Citation: 16-12.1-3-16.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-1-39-2.6.]
As added by P.L.2-1993, SEC.1. Amended by P.L.186-1995, SEC.4. Repealed by P.L.77-2012, SEC.10.
Sec. 132. "Fiscal body", except as provided in subsection (b), has the meaning set forth in IC 36-1-2-6.
[Pre-1993 Recodification Citations 16-3-6-2, Part new.]
As added by P.L.2-1993, SEC.1. Amended by P.L.72-2001, SEC.1.
[Pre-1993 Recodification Citation: 16-6-9-2(j).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 134. "Flour", for purposes of IC 16-42-10, has the meaning set forth in IC 16-42-10-2.
[Pre-1993 Recodification Citation: 16-6-3-1(a).]
As added by P.L.2-1993, SEC.1.
Sec. 135. (a) "Food", for purposes of IC 16-42-1 through IC 16-42-4 and IC 16-42-18, means the following:
(1) Articles used for food, drink, confectionery, or condiment for humans.
(2) Chewing gum.
(3) Articles used for components of any of these articles.
(b) "Food", for purposes of IC 16-42-5 and IC 16-42-5.2, means the following:
(1) All articles used for food, drink, confectionery, or condiment whether simple, mixed, or compound.
(2) All substances or ingredients used in the preparation of the items described in subdivision (1).
[Pre-1993 Recodification Citations: 16-1-20-1; 16-1-28-3(d); 16-1-28-13.5(a).]
As added by P.L.2-1993, SEC.1. Amended by P.L.266-2001, SEC.3.
Sec. 136. (a) "Food additive", for purposes of IC 16-42-1 through IC 16-42-4, means any substance the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food, and including any source or radiation intended for any such use) if the substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in a food before January 1, 1958, through either scientific procedures or experience based on common use in food) to be safe under the conditions of the substance's intended use.
(b) The term does not include any of the following:
(1) A pesticide chemical in or on a raw agricultural commodity.
(2) A pesticide chemical to the extent that the chemical is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity.
(3) A color additive.
(4) Any substance used in accordance with a sanction or approval granted before the enactment of the Food Additives Amendment of 1958, under the Federal Act; the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. 71 et seq.).
[Pre-1993 Recodification Citations: 16-1-28-3(w); 16-6-5-3(hh) part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.59.
Sec. 137. (a) "Food establishment", for purposes of IC 16-42-5 and IC 16-42-5.2, means any building, room, basement, vehicle of transportation, cellar, or open or enclosed area occupied or used for handling food.
(b) The term does not include the following:
(1) A dwelling where food is prepared on the premises by the occupants, free of charge, for their consumption or for consumption by their guests.
(2) A gathering of individuals at a venue of an organization that is organized for educational purposes in a nonpublic educational setting or for religious purposes, if:
(A) the individuals separately or jointly provide or prepare, free of charge, and consume their own food or that of others attending the gathering; and
(B) the gathering is for a purpose of the organization.
Gatherings for the purpose of the organization include funerals, wedding receptions, christenings, bar or bat mitzvahs, baptisms, communions, and other events or celebrations sponsored by the organization.
(3) A vehicle used to transport food solely for distribution to the needy, either free of charge or for a nominal donation.
(4) A private gathering of individuals who separately or jointly provide or prepare and consume their own food or that of others attending the gathering, regardless of whether the gathering is held on public or private property.
(5) Except for food prepared by a for-profit entity, a venue of the sale of food prepared for an organization:
(A) that is organized for:
(i) religious purposes; or
(ii) educational purposes in a nonpublic educational setting;
(B) that is exempt from taxation under Section 501 of the Internal Revenue Code; and
(C) that offers the food for sale to the final consumer at an event held for the benefit of the organization;
unless the food is being provided in a restaurant or a cafeteria with an extensive menu of prepared foods.
(6) Except for food prepared by a for-profit entity, an Indiana nonprofit organization that:
(A) is organized for civic, fraternal, veterans, or charitable purposes;
(B) is exempt from taxation under Section 501 of the Internal Revenue Code; and
(C) offers food for sale to the final consumer at an event held for the benefit of the organization;
if the events conducted by the organization take place for not more than fifteen (15) days in a calendar year.
(7) An individual vendor of a farmer's market or roadside stand if the individual meets the requirements of IC 16-42-5-29.
(8) The holder of a farm winery permit under IC 7.1-3-12-5 or a brewer's permit under IC 7.1-3-2-7(5) if the requirements of IC 16-42-5-30 are met.
[Pre-1993 Recodification Citation: 16-1-20-3.]
As added by P.L.2-1993, SEC.1. Amended by P.L.266-2001, SEC.4; P.L.100-2007, SEC.1; P.L.3-2008, SEC.105; P.L.1-2009, SEC.115; P.L.86-2009, SEC.1; P.L.144-2015, SEC.5.
Sec. 138. "Food handling", for purposes of IC 16-42-5 and IC 16-42-5.2, means producing, processing, handling, preparing, manufacturing, packing, storing, selling, distributing, or transporting of food.
[Pre-1993 Recodification Citation: 16-1-20-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.266-2001, SEC.5.
Sec. 138.2. "Food handling machinery", for purposes of IC 16-42-5, has the meaning set forth in IC 16-42-5-2.3.
As added by P.L.266-2001, SEC.6.
Sec. 138.3. "Food handler", for purposes of IC 16-42-5.2, has the meaning set forth in IC 16-42-5.2-5.
As added by P.L.266-2001, SEC.7.
Sec. 138.5. "Food instrument", for purposes of IC 16-35-1.5, has the meaning set forth in IC 16-35-1.5-1.
[Pre-1993 Recodification Citation: 16-2-2.5-1.]
As added by P.L.2-1993, SEC.1.
Sec. 139. "Food service establishment", for purposes of IC 16-31-9, has the meaning set forth in IC 16-31-9-1.
[Pre-1993 Recodification Citation: 16-1-41-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 139.5. "Forensic medical exam", for purposes of IC 16-21-8, means the following:
(1) Appropriate procedures for acquiring evidence that may be used in a criminal proceeding against a person charged with a sex crime.
(2) Suturing and care of wounds that stem directly from the sex crime, including anesthesia and prescribed medication.
As added by P.L.121-2006, SEC.21.
Sec. 140. "Foundation support", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-5.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-1-2(a) part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.28-2009, SEC.16.
[Pre-1993 Recodification Citation: 16-6-4-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 143. (a) "Fund", for purposes of IC 16-26-2, has the meaning set forth in IC 16-26-2-2.
(b) "Fund", for purposes of IC 16-31-8.5, has the meaning set forth in IC 16-31-8.5-2.
(c) "Fund", for purposes of IC 16-41-39.4, refers to the childhood lead poisoning prevention fund established by IC 16-41-39.4-3.1.
(d) "Fund", for purposes of IC 16-41-39.8, refers to the lead trust fund established by IC 16-41-39.8-7.
(e) "Fund", for purposes of IC 16-46-5, has the meaning set forth in IC 16-46-5-3.
(f) "Fund", for purposes of IC 16-46-12, has the meaning set forth in IC 16-46-12-1.
(g) "Fund", for purposes of IC 16-41-42.2, has the meaning set forth in IC 16-41-42.2-2.
(h) "Fund", for purposes of IC 16-35-8, has the meaning set forth in IC 16-35-8-2.
[Pre-1993 Recodification Citations: 16-2.5-3-2; 16-3-6-3.]
As added by P.L.2-1993, SEC.1. Amended by P.L.14-2000, SEC.43; P.L.81-2002, SEC.1; P.L.205-2003, SEC.16; P.L.234-2007, SEC.45; P.L.3-2008, SEC.106; P.L.102-2008, SEC.5; P.L.57-2009, SEC.10; P.L.1-2010, SEC.69.
Sec. 143.5. "Game animal" means an animal, the product of which is food, that is not:
(1) regulated under IC 15-17-5;
(2) except for aquatic birds and mammals, an aquatic animal, including fish, crustaceans, mollusks, alligators, frogs, aquatic turtles, jellyfish, sea cucumbers, and sea urchins;
(3) the roe from any aquatic animal described in subdivision (2); or
(4) possessed or raised in violation of a state or federal law.
As added by P.L.80-2016, SEC.2.
Sec. 144. "Gasoline", for purposes of IC 16-44-2, has the meaning set forth in IC 16-44-2-1.
[Pre-1993 Recodification Citation: 16-6-11-1(e).]
As added by P.L.2-1993, SEC.1.
Sec. 145. "General hospital", for the purposes of IC 16-22-9, has the meaning set forth in IC 16-22-9-2.
[Pre-1993 Recodification Citation: 16-12-22-1(b).]
As added by P.L.2-1993, SEC.1.
Sec. 146. "General hospital services", for purposes of IC 16-22-9 has the meaning set forth in IC 16-22-9-3.
[Pre-1993 Recodification Citation: 16-12-22-1(c).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 13-1-2-3(o).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.5.
Sec. 148. "Generically equivalent drug product", for purposes of IC 16-42-22, has the meaning set forth in IC 16-42-22-4.
[Pre-1993 Recodification Citation: 16-6-8.1-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 148.5. "Gift", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-8.
As added by P.L.2-2007, SEC.185.
Sec. 149. "Governing board" means the board of trustees, governing board, board of directors, or other body responsible for governing a hospital.
[Pre-1993 Recodification Citation: 16-12.1-1-2(a).]
As added by P.L.2-1993, SEC.1.
Sec. 150. (a) "Governing body", for purposes of IC 16-22-7, has the meaning set forth in IC 16-22-7-2.
(b) "Governing body", for purposes of IC 16-41-22, has the meaning set forth in IC 16-41-22-3.
[Pre-1993 Recodification Citations: 16-1-42-1 part; 16-12-20.5-1(a)(10).]
As added by P.L.2-1993, SEC.1. Amended by P.L.152-2005, SEC.1; P.L.156-2011, SEC.7; P.L.197-2011, SEC.55.
Sec. 150.4. "Government sponsored indigent health care", for purposes of IC 16-21-9, has the meaning set forth in IC 16-21-9-2.
As added by P.L.94-1994, SEC.8.
Sec. 151. "Governmental unit", for purposes of IC 16-28 and IC 16-29, means an agency, a bureau, or a commission.
[Pre-1993 Recodification Citation: 16-10-4-1.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-6-1(d).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-2-1-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 153.5. "Nurse aide", for purposes of IC 16-28-13, has the meaning set forth in IC 16-28-13-1.
As added by P.L.152-1995, SEC.15.
Sec. 154. "Gross patient revenue", for purposes of IC 16-21-6, has the meaning set forth in IC 16-21-6-1.
[Pre-1993 Recodification Citation: 16-10-5-1.]
As added by P.L.2-1993, SEC.1.
Sec. 155. "Guest", for purposes of IC 16-41-31, has the meaning set forth in IC 16-41-31-2.
[Pre-1993 Recodification Citation: 16-9-6-2.]
As added by P.L.2-1993, SEC.1.
Sec. 156. "Guest room", for purposes of IC 16-41-31, has the meaning set forth in IC 16-41-31-3.
[Pre-1993 Recodification Citation: 16-9-6-3.]
As added by P.L.2-1993, SEC.1.
Sec. 157. "Hair dye", for purposes of IC 16-42-4, has the meaning set forth in IC 16-42-4-1.
[Pre-1993 Recodification Citation: 16-1-31-1 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 16-4-6-2; 16-7-2-2.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.23-1993, SEC.165.
[Pre-1993 Recodification Citation: 16-6-9-2(e) part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 159.1. "Health benefit plan", for purposes of IC 16-47-1, has the meaning set forth in IC 16-47-1-2.
As added by P.L.50-2004, SEC.3.
Sec. 160. "Health care", for purposes of IC 16-36-1, has the meaning set forth in IC 16-36-1-1.
[Pre-1993 Recodification Citation: 16-8-12-1(2).]
As added by P.L.2-1993, SEC.1.
Sec. 160.5. "Health care entity", for purposes of IC 16-41-42.1, has the meaning set forth in IC 16-41-42.1-1.
As added by P.L.193-2007, SEC.1. Amended by P.L.3-2008, SEC.107.
Sec. 161. (a) "Health care facility" includes:
(1) hospitals licensed under IC 16-21-2, private mental health institutions licensed under IC 12-25, and tuberculosis hospitals established under IC 16-11-1 (before its repeal);
(2) health facilities licensed under IC 16-28; and
(3) rehabilitation facilities and kidney disease treatment centers.
(b) "Health care facility", for purposes of IC 16-21-11 and IC 16-34-3, has the meaning set forth in IC 16-21-11-1.
(c) "Health care facility", for purposes of IC 16-28-13, has the meaning set forth in IC 16-28-13-0.5.
[Pre-1993 Recodification Citation: 16-1-3.4-1.]
As added by P.L.2-1993, SEC.1. Amended by P.L.108-1999, SEC.1; P.L.101-2007, SEC.2; P.L.42-2011, SEC.36; P.L.127-2014, SEC.1; P.L.113-2015, SEC.3.
Sec. 161.5. "Health care interpreter", for purposes of IC 16-46-11.1, has the meaning set forth in IC 16-46-11.1-2.
As added by P.L.61-2004, SEC.2.
Sec. 162. (a) "Health care professional", for purposes of IC 16-27-1 and IC 16-27-4, has the meaning set forth in IC 16-27-1-1.
(b) "Health care professional", for purposes of IC 16-27-2, has the meaning set forth in IC 16-27-2-1.
[Pre-1993 Recodification Citations: 16-10-2.2-1; 16-10-2.6-1.]
As added by P.L.2-1993, SEC.1. Amended by P.L.212-2005, SEC.5.
Sec. 163. (a) "Health care provider", for purposes of IC 16-21 and IC 16-41, means any of the following:
(1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), a dentist, a registered or licensed practical nurse, a midwife, an optometrist, a pharmacist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a paramedic, an emergency medical technician, an advanced emergency medical technician, an athletic trainer, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
(2) A college, university, or junior college that provides health care to a student, a faculty member, or an employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.
(3) A blood bank, community mental health center, community intellectual disability center, community health center, or migrant health center.
(4) A home health agency (as defined in IC 16-27-1-2).
(5) A health maintenance organization (as defined in IC 27-13-1-19).
(6) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
(7) A corporation, partnership, or professional corporation not otherwise qualified under this subsection that:
(A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care provider under IC 34-18 for the corporation's, partnership's, or professional corporation's health care function.
Coverage for a health care provider qualified under this subdivision is limited to the health care provider's health care functions and does not extend to other causes of action.
(b) "Health care provider", for purposes of IC 16-35, has the meaning set forth in subsection (a). However, for purposes of IC 16-35, the term also includes a health facility (as defined in section 167 of this chapter).
(c) "Health care provider", for purposes of IC 16-36-5 and IC 16-36-6, means an individual licensed or authorized by this state to provide health care or professional services as:
(1) a licensed physician;
(2) a registered nurse;
(3) a licensed practical nurse;
(4) an advanced practice registered nurse;
(5) a certified nurse midwife;
(6) a paramedic;
(7) an emergency medical technician;
(8) an advanced emergency medical technician;
(9) an emergency medical responder, as defined by section 109.8 of this chapter;
(10) a licensed dentist;
(11) a home health aide, as defined by section 174 of this chapter; or
(12) a licensed physician assistant.
The term includes an individual who is an employee or agent of a health care provider acting in the course and scope of the individual's employment.
(d) "Health care provider", for purposes of section 1.5 of this chapter and IC 16-40-4, means any of the following:
(1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or authorized by the state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16-31-3), an ambulatory outpatient surgical center, a dentist, an optometrist, a pharmacist, a podiatrist, a chiropractor, a psychologist, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.
(2) A blood bank, laboratory, community mental health center, community intellectual disability center, community health center, or migrant health center.
(3) A home health agency (as defined in IC 16-27-1-2).
(4) A health maintenance organization (as defined in IC 27-13-1-19).
(5) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).
(6) A corporation, partnership, or professional corporation not otherwise specified in this subsection that:
(A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;
(B) is organized or registered under state law; and
(C) is determined to be eligible for coverage as a health care provider under IC 34-18 for the corporation's, partnership's, or professional corporation's health care function.
(7) A person that is designated to maintain the records of a person described in subdivisions (1) through (6).
(e) "Health care provider", for purposes of IC 16-45-4, has the meaning set forth in 47 CFR 54.601(a).
[Pre-1993 Recodification Citations: 16-1-9.5-9; 16-8-11-3; 16-8-12-1(3).]
As added by P.L.2-1993, SEC.1. Amended by P.L.26-1994, SEC.7; P.L.188-1995, SEC.1; P.L.1-1998, SEC.116; P.L.148-1999, SEC.6; P.L.205-2003, SEC.17; P.L.95-2005, SEC.1; P.L.108-2007, SEC.2; P.L.77-2012, SEC.11; P.L.164-2013, SEC.3; P.L.232-2013, SEC.1; P.L.139-2014, SEC.1; P.L.92-2015, SEC.2; P.L.117-2015, SEC.31; P.L.67-2018, SEC.2; P.L.129-2018, SEC.8.
Sec. 163.3. "Health care quality indicator data", for purposes of IC 16-40-4, has the meaning set forth in IC 16-40-4-1.
As added by P.L.95-2005, SEC.2.
Sec. 163.4. "Health care representative", for purposes of IC 16-21-12, has the meaning set forth in IC 16-21-12-4.
As added by P.L.137-2015, SEC.4.
Sec. 163.5. "Health care translator", for purposes of IC 16-46-11.1, has the meaning set forth in IC 16-46-11.1-3.
As added by P.L.61-2004, SEC.3.
[Pre-1993 Recodification Citation: 16-1-8-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 164.6. "Health coverage provider", for purposes of IC 16-40-4, has the meaning set forth in IC 16-40-4-2.
As added by P.L.95-2005, SEC.3.
Sec. 165. "Health data", for purposes of IC 16-19-10, has the meaning set forth in IC 16-19-10-2.
[Pre-1993 Recodification Citation: 16-1-48-2.]
As added by P.L.2-1993, SEC.1.
Sec. 166. "Health directive", for purposes of IC 16-41, means:
(1) a written statement; or
(2) in an emergency, an oral statement followed by a written statement within seventy-two (72) hours;
to a carrier issued by a designated health official under IC 16-41.
[Pre-1993 Recodification Citation: 16-1-10.5-5.]
As added by P.L.2-1993, SEC.1.
Sec. 167. (a) "Health facility":
(1) except for purposes of IC 16-28-15, means a building, a structure, an institution, or other place for the reception, accommodation, board, care, or treatment extending beyond a continuous twenty-four (24) hour period in a week of more than four (4) individuals who need or desire such services because of physical or mental illness, infirmity, or impairment; and
(2) for purposes of IC 16-28-15, has the meaning set forth in IC 16-28-15-3.
(b) The term does not include the premises used for the reception, accommodation, board, care, or treatment in a household or family, for compensation, of a person related by blood to the head of the household or family (or to the spouse of the head of the household or family) within the degree of consanguinity of first cousins.
(c) The term does not include any of the following:
(1) Hotels, motels, or mobile homes when used as such.
(2) Hospitals or mental hospitals, except for that part of a hospital that provides long term care services and functions as a health facility, in which case that part of the hospital is licensed under IC 16-21-2, but in all other respects is subject to IC 16-28.
(3) Hospices that furnish inpatient care and are licensed under IC 16-25-3.
(4) Institutions operated by the federal government.
(5) Foster family homes or day care centers.
(6) Schools for individuals who are deaf or blind.
(7) Day schools for individuals with an intellectual disability.
(8) Day care centers.
(9) Children's homes and child placement agencies.
(10) Offices of practitioners of the healing arts.
(11) Any institution in which health care services and private duty nursing services are provided that is listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc.
(12) Industrial clinics providing only emergency medical services or first aid for employees.
(13) A residential facility (as defined in IC 12-7-2-165).
(14) Maternity homes.
(15) Offices of Christian Science practitioners.
[Pre-1993 Recodification Citation: 16-10-4-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.61-1993, SEC.62; P.L.111-1996, SEC.2; P.L.58-2000, SEC.1; P.L.99-2007, SEC.153; P.L.229-2011, SEC.157; P.L.117-2015, SEC.32.
Sec. 168. (a) "Health records", for purposes of IC 16-39, means written, electronic, or printed information possessed or maintained by a provider concerning any diagnosis, treatment, or prognosis of the patient, including such information possessed or maintained on microfiche, microfilm, or in a digital format. The term includes mental health records and alcohol and drug abuse records.
(b) For purposes of IC 16-39-5-3(e), the term includes information that describes services provided to a patient and a provider's charges for services provided to a patient.
(c) The term does not include information concerning emergency ambulance services described in IC 16-31-2-11(d).
[Pre-1993 Recodification Citation: 16-4-8-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.231-1999, SEC.11; P.L.127-2001, SEC.1; P.L.44-2002, SEC.2; P.L.255-2003, SEC.45.
Sec. 168.5. "Health system", for purposes of IC 16-18-4, means:
(1) a parent corporation of one (1) or more hospitals, and any entity affiliated with the parent corporation; or
(2) a hospital and any entity affiliated with the hospital;
through ownership, governance, or membership.
As added by P.L.99-2017, SEC.1.
Sec. 169. "Hemophilia", for purposes of IC 16-41-18, has the meaning set forth in IC 16-41-18-2.
[Pre-1993 Recodification Citation: 16-1-14.5-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 170. "High risk activity", for purposes of IC 16-41-7, has the meaning set forth in IC 16-41-7-1(b).
[Pre-1993 Recodification Citations: 16-1-10.5-8.5(b); 16-1-10.5-11.6 part.]
As added by P.L.2-1993, SEC.1.
Sec. 171. "HIV" refers to the human immunodeficiency virus.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1.
Sec. 172. "Home", for purposes of IC 16-33-4, has the meaning set forth in IC 16-33-4-3.
[Pre-1993 Recodification Citation: 16-6.5-5-2.]
As added by P.L.2-1993, SEC.1.
Sec. 173. (a) "Home health agency", for purposes of IC 16-27-1, has the meaning set forth in IC 16-27-1-2.
(b) "Home health agency", for purposes of IC 16-27-2 and IC 16-27-2.5, has the meaning set forth in IC 16-27-2-2.
[Pre-1993 Recodification Citations: 16-10-2.2-4; 16-10-2.6-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.224-2017, SEC.6.
Sec. 174. (a) "Home health aide", for purposes of IC 16-27-1 and IC 12-27-1.5, means an individual who provides home health aide services.
(b) The term does not include the following:
(1) A health care professional.
(2) A volunteer who provides home health aide services without compensation.
(3) An immediate member of the patient's family.
[Pre-1993 Recodification Citation: 16-10-2.2-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.110-1999, SEC.1.
Sec. 175. "Home health aide services", for purposes of IC 16-27-1, has the meaning set forth in IC 16-27-1-4.
[Pre-1993 Recodification Citation: 16-10-2.2-3.]
As added by P.L.2-1993, SEC.1.
Sec. 176. "Home health services", for purposes of IC 16-27-1, has the meaning set forth in IC 16-27-1-5.
[Pre-1993 Recodification Citation: 16-10-2.2-5.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 16-10-6-4; 16-10-6-18.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.256-1999, SEC.19.
Sec. 177.1. "Hospice", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-3.
As added by P.L.256-1999, SEC.4.
Sec. 177.2. "Hospice program", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-4.
As added by P.L.256-1999, SEC.5.
Sec. 177.3. "Hospice program patient", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-5.
As added by P.L.256-1999, SEC.6.
Sec. 177.4. "Hospice services", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-6.
As added by P.L.256-1999, SEC.7.
[Pre-1993 Recodification Citation: 16-10-6-5 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.256-1999, SEC.19.
Sec. 179. (a) "Hospital", except as provided in subsections (b) through (g), means a hospital that is licensed under IC 16-21-2.
(b) "Hospital", for purposes of IC 16-21, means an institution, a place, a building, or an agency that holds out to the general public that it is operated for hospital purposes and that it provides care, accommodations, facilities, and equipment, in connection with the services of a physician, to individuals who may need medical or surgical services. The term does not include the following:
(1) Freestanding health facilities.
(2) Hospitals or institutions specifically intended to diagnose, care, and treat the following:
(A) Individuals with a mental illness (as defined in IC 12-7-2-117.6).
(B) Individuals with developmental disabilities (as defined in IC 12-7-2-61).
(3) Offices of physicians where patients are not regularly kept as bed patients.
(4) Convalescent homes, boarding homes, or homes for the aged.
(c) "Hospital", for purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-5.
(d) "Hospital", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-9.
(e) "Hospital" or "tuberculosis hospital", for purposes of IC 16-24, means an institution or a facility for the treatment of individuals with tuberculosis.
(f) "Hospital", for purposes of IC 16-34, means a hospital (as defined in subsection (b)) that:
(1) is required to be licensed under IC 16-21-2; or
(2) is operated by an agency of the United States.
(g) "Hospital", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-6.
[Pre-1993 Recodification Citations: 16-1-8-1 part; 16-1-8.5-1; 16-8-7-1(b) part; 16-10-1-6(a); 16-12-21-1; 16-12.1-1-2(d), 35-1-58.5-1(c).]
As added by P.L.2-1993, SEC.1. Amended by P.L.144-1996, SEC.1; P.L.162-1999, SEC.3; P.L.2-2007, SEC.186; P.L.99-2007, SEC.154.
Sec. 180. "Hospital based health facility", for purposes of IC 16-21 and IC 16-28, means that part of a hospital that provides long term care services and functions as a health facility.
[Pre-1993 Recodification Citation: 16-10-1-2.5.]
As added by P.L.2-1993, SEC.1. Amended by P.L.152-1995, SEC.16.
Sec. 181. "Hospital fund" or "hospital funds" means money, securities, real or personal property or interests, collected or received by or paid over, transferred, or conveyed to the hospital or the county for hospital purposes or hospital buildings.
[Pre-1993 Recodification Citation: 16-12.1-1-2(j).]
As added by P.L.2-1993, SEC.1.
Sec. 182. "Hospital purposes" means providing inpatient or outpatient diagnostic and treatment facilities and services generally recognized as hospital services to the public, under the direction and supervision of the patient's attending physician, including, at the discretion of the governing board, the following:
(1) Extended care facilities.
(2) The provision of services to other health care entities.
(3) Other health care services and facilities, including the provision of acute care in hospital inpatient units to patients with extended lengths of stay.
[Pre-1993 Recodification Citation: 16-12.1-1-2(h).]
As added by P.L.2-1993, SEC.1. Amended by P.L.162-1999, SEC.4.
[Pre-1993 Recodification Citation: 16-6-9-2(d).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 183.2. "Human cells, tissues, or cellular or tissue-based products" or "HCT/Ps", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-6.5.
As added by P.L.213-2013, SEC.3.
Sec. 183.5. "Human embryo" means a human egg cell with a full genetic composition capable of differentiating and maturing into a complete human being.
As added by P.L.126-2005, SEC.4.
[Pre-1993 Recodification Citation: 16-6-5-3(o).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 185. "ICF/IID", for purposes of IC 16-29-4, has the meaning set forth in IC 16-29-4-2.
[Pre-1993 Recodification Citation: 16-10-4-9(g).]
As added by P.L.2-1993, SEC.1. Amended by P.L.35-2016, SEC.80.
Sec. 186. "Immediate container", for purposes of IC 16-42-1 through IC 16-42-4, does not include package liners.
[Pre-1993 Recodification Citations: 16-1-28-3(j); 16-6-5-3(ee); 16-6-9-2(m).]
As added by P.L.2-1993, SEC.1. Amended by P.L.87-1994, SEC.4; P.L.137-1996, SEC.60.
Sec. 187. "Inclusive", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-6.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 187.2. "Incremental fee", for purposes of IC 16-21-10, means a part of the hospital assessment fee designated for the use of funding the healthy Indiana plan.
As added by P.L.213-2015, SEC.138. Amended by P.L.30-2016, SEC.36.
Sec. 187.5. "Indiana birth registration system" or "IBRS", for purposes of IC 16-37, means the electronic system of recording births established under IC 16-37-1-3.1.
As added by P.L.61-2009, SEC.1.
Sec. 187.6. "Indiana death registration system" or "IDRS", for purposes of IC 16-37, means the electronic system of recording deaths established under IC 16-37-1-3.1.
As added by P.L.61-2009, SEC.2.
[Pre-1993 Recodification Citation: 13-1-7-2(3).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 188.1. "Indiana University hospitals", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-10.
As added by P.L.2-2007, SEC.187.
Sec. 188.5. "Individual with a disability", for purposes of IC 16-32-2, has the meaning set forth in IC 16-32-2-1(a).
As added by P.L.37-2018, SEC.3.
Sec. 189. "Infectious waste", for purposes of IC 16-41-16, has the meaning set forth in IC 16-41-16-4.
[Pre-1993 Recodification Citation: 16-1-9.7-3.]
As added by P.L.2-1993, SEC.1.
Sec. 190. "Informed consent", for purposes of IC 16-41-6, has the meaning set forth in IC 16-41-6-2.
[Pre-1993 Recodification Citation: 16-1-9.5-3(a).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(s).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 191.2. "Interchangeable", for purposes of IC 16-42-25, has the meaning set forth in IC 16-42-25-3.
As added by P.L.96-2014, SEC.3.
Sec. 191.5. "Interdisciplinary team", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-7.
As added by P.L.256-1999, SEC.8.
Sec. 192. (a) "Intrastate commerce", for purposes of IC 16-42-1 through IC 16-42-4, means any and all commerce within Indiana and subject to the jurisdiction of the state.
(b) The term includes the operation of a business or service establishment.
[Pre-1993 Recodification Citation: 16-1-28-3(b).]
As added by P.L.2-1993, SEC.1.
Sec. 193. "Invasive medical care", for purposes of IC 16-31, does not include the administration of a nonvisualized airway.
[Pre-1993 Recodification Citation: 16-1-39-2 part.]
As added by P.L.2-1993, SEC.1.
Sec. 193.5. "Investigational drug, biological product, or device", for purposes of IC 16-42-26, has the meaning set forth in IC 16-42-26-2.
As added by P.L.2-2015, SEC.1.
Sec. 194. "Investigational or new drug", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-4.
[Pre-1993 Recodification Citation: 16-6-8-2(l).]
As added by P.L.2-1993, SEC.1.
Sec. 194.5. "Isolation", for purposes of IC 16-41-9, means the physical separation, including confinement or restriction, of an individual or a group of individuals from the general public if the individual or group is infected with a dangerous communicable disease (as described in IC 16-18-2-91 and 410 IAC 1-2.3-47), in order to prevent or limit the transmission of the disease to an uninfected individual.
As added by P.L.138-2006, SEC.1.
[Pre-1993 Recodification Citation: 16-6-9-2(i).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 196. "Kerosene", for purposes of IC 16-44-2, has the meaning set forth in IC 16-44-2-2.
[Pre-1993 Recodification Citation: 16-6-11-1(f).]
As added by P.L.2-1993, SEC.1.
Sec. 196.5. "Kit", for purposes of IC 16-21-8-1.8, has the meaning set forth in IC 16-21-8-1.8(a).
As added by P.L.97-2018, SEC.1.
Sec. 197. "Label", for purposes of IC 16-42-1 through IC 16-42-4, means a display of written, printed, or graphic matter upon the immediate container of an article.
[Pre-1993 Recodification Citations: 16-1-28-3(i); 16-6-5-3(aa); 16-6-9-2(l) part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.87-1994, SEC.5; P.L.137-1996, SEC.61.
Sec. 198. "Labeling", for purposes of IC 16-42-1 through IC 16-42-4, means all labels and other written, printed, or graphic matter:
(1) upon any article or any of the containers or wrappers; or
(2) accompanying the article.
[Pre-1993 Recodification Citations: 16-1-28-3(k); 16-6-5-3(bb).]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.62.
Sec. 198.3. "Lay caregiver", for purposes of IC 16-21-12, has the meaning set forth in IC 16-21-12-5.
As added by P.L.137-2015, SEC.5.
Sec. 198.5. "Lead-based paint", for purposes of IC 16-41-39.8, means paint or another surface coating that contains lead in an amount equal to or more than one (1) milligram per square centimeter, or in the amount of more than one-half percent (0.5%) by weight.
As added by P.L.57-2009, SEC.11.
Sec. 198.7. (a) "Lead-based paint activities", for purposes of IC 16-41-39.4 and IC 16-41-39.8, means the inspection risk assessment and abatement of lead-based paint in target housing and child occupied facilities.
(b) The term includes project design and supervision.
As added by P.L.102-2008, SEC.6. Amended by P.L.57-2009, SEC.12.
Sec. 199. "Legend drug", for purposes of IC 16-42, means a drug that is:
(1) subject to 21 U.S.C. 353(b)(1);
(2) listed in the Prescription Drug Product List as:
(A) published in United States Department of Health and Human Services Approved Drug Products with Therapeutic Equivalence Evaluations, Tenth Edition, (1990); and
(B) revised in United State Department of Health and Human Services, Approved Drug Products with Therapeutic Equivalence Evaluations, Cumulative Supplement to the Tenth Edition, Number 10 (1990); or
(3) insulin.
[Pre-1993 Recodification Citations: 16-6-8-2(k); 16-6-12-3.]
As added by P.L.2-1993, SEC.1. Amended by P.L.131-2014, SEC.6.
Sec. 200. "Legislative body" has the meaning set forth in IC 36-1-2-9.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1.
Sec. 201. "Lessee county", for purposes of IC 16-22-6-27, has the meaning set forth in IC 16-22-6-27(b).
[Pre-1993 Recodification Citation: 16-12-20-16.5.]
As added by P.L.2-1993, SEC.1.
Sec. 201.5. "Lethal fetal anomaly", for purposes of IC 16-25-4.5 and IC 16-34, has the meaning set forth in IC 16-25-4.5-2.
As added by P.L.213-2016, SEC.5.
Sec. 202. "Licensed physician" means an individual who holds an unlimited license to practice medicine in Indiana under IC 25-22.5.
[Pre-1993 Recodification Citation: 16-8-1-3.]
As added by P.L.2-1993, SEC.1.
Sec. 203. (a) "Life prolonging procedure", for purposes of IC 16-36-4, has the meaning set forth in IC 16-36-4-1.
(b) "Life prolonging procedure", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-3.
[Pre-1993 Recodification Citation: 16-8-11-4.]
As added by P.L.2-1993, SEC.1. Amended by P.L.164-2013, SEC.4.
Sec. 204. "Life prolonging procedures will declarant", for purposes of IC 16-36-4, has the meaning set forth in IC 16-36-4-2.
[Pre-1993 Recodification Citation: 16-8-11-5.]
As added by P.L.2-1993, SEC.1.
As added by P.L.177-2009, SEC.2. Repealed by P.L.51-2016, SEC.2.
Sec. 205. "Live birth" or "birth", for purposes of IC 16-37, means the birth of a child who shows evidence of life after the child is entirely outside of the mother.
[Pre-1993 Recodification Citation: 16-1-15-2(2).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(e).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(f).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 208. "Living will declarant", for purposes of IC 16-36-4, has the meaning set forth in IC 16-36-4-3.
[Pre-1993 Recodification Citation: 16-8-11-6.]
As added by P.L.2-1993, SEC.1.
Sec. 209. "Local board", for purposes of IC 16-41-27, has the meaning set forth in IC 16-41-27-3.
[Pre-1993 Recodification Citation: 13-1-7-2(5).]
As added by P.L.2-1993, SEC.1.
Sec. 210. (a) "Local board of health", for purposes of IC 16-22-8, means a local board of health referred to in IC 16-20.
(b) "Local board of health", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-7.
[Pre-1993 Recodification Citations: 16-3-3-2 part; 16-12-21-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 211. (a) "Local health department", except as provided in subsection (b), means a department organized by a county or city executive with a board, a health officer, and an operational staff to provide health services to a county, city, or multiple county unit.
(b) "Local health department", for purposes of IC 16-41-7.5, has the meaning set forth in IC 16-41-7.5-1.
[Pre-1993 Recodification Citation: 16-1-1-7(a).]
As added by P.L.2-1993, SEC.1. Amended by P.L.208-2015, SEC.3.
Sec. 212. "Local health officer", for purposes of IC 16-22 and IC 16-37, means a local health officer as referred to in IC 16-20.
[Pre-1993 Recodification Citation: 16-12-21-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 213. "Locker", for purposes of IC 16-42, means the individual sections or compartments of a capacity of not more than twenty-five (25) cubic feet in the locker room of a locker plant or branch locker plant.
[Pre-1993 Recodification Citation: 16-1-22-3.]
As added by P.L.2-1993, SEC.1.
Sec. 214. "Locker plant", for purposes of IC 16-42, means a location or an establishment in which space in individual lockers is rented to individuals for the storage of food at not more than forty-five (45) degrees Fahrenheit and that has at least one (1) of the following facilities:
(1) A chill room.
(2) Sharp freezing facilities.
(3) Facilities for cutting, preparing, wrapping, and packaging meats and meat products, fruits, and vegetables.
[Pre-1993 Recodification Citations: 16-1-22-1; 16-6-4-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 214.7. "Low income", for purposes of IC 16-41-39.4, means having not more than eighty percent (80%) of the median income level of households in a particular county as determined annually by the federal Department of Housing and Urban Development.
As added by P.L.102-2008, SEC.7.
Sec. 215. "Manufacture", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-7.
[Pre-1993 Recodification Citation: 16-9-4-2(e).]
As added by P.L.2-1993, SEC.1.
Sec. 215.5. "Manufactured home", for purposes of IC 16-41-27, has the meaning set forth in IC 22-12-1-16.
As added by P.L.87-2005, SEC.2.
Sec. 216. (a) "Manufacturer", for purposes of IC 16-42-19 and IC 16-42-21, means a person who by compounding, cultivating, harvesting, mixing, or other process produces or prepares legend drugs. The term includes a person who:
(1) prepares legend drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process; or
(2) packages or repackages legend drugs.
(b) The term does not include pharmacists or practitioners (as defined in section 288(a) and 288(c) of this chapter) in the practice of their profession.
[Pre-1993 Recodification Citations: 16-6-8-2(f); 16-6-12-4.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-3-6-1.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.72-2001, SEC.11.
Sec. 218. "Maternal and child health clinic", for purposes of IC 16-46-5, has the meaning set forth in IC 16-46-5-5.
[Pre-1993 Recodification Citation: 16-3-6-1.4.]
As added by P.L.2-1993, SEC.1.
Sec. 218.3. "Maternal morbidity", for purposes of IC 16-50, has the meaning set forth in IC 16-50-1-1.
As added by P.L.48-2018, SEC.1.
Sec. 218.5. "Maternal mortality", for purposes of IC 16-50, has the meaning set forth in IC 16-50-1-2.
As added by P.L.48-2018, SEC.2.
Sec. 219. (a) "Maternity home", for purposes of IC 16-26, means a public or private facility that provides food and temporary residence to at least one (1) pregnant woman during the pregnancy and not more than one hundred eighty (180) days after childbirth.
(b) The term does not include a hospital licensed under IC 16-21-2.
[Pre-1993 Recodification Citation: 16-2.5-1-3.]
As added by P.L.2-1993, SEC.1.
Sec. 220. "Maternity home operator", for purposes of IC 16-26, means a person that:
(1) owns a maternity home;
(2) is not more closely related to the pregnant woman or expected child than second cousins;
(3) is not related to the pregnant woman or expected child as a stepparent, stepbrother, or stepsister; and
(4) is not the guardian or custodian of the pregnant woman.
[Pre-1993 Recodification Citation: 16-2.5-1-4.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(g).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(r).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 223. "Mechanical device", for purposes of IC 16-42-19-23, has the meaning set forth in IC 16-42-19-23(a).
[Pre-1993 Recodification Citation: 16-6-8-6.]
As added by P.L.2-1993, SEC.1.
Sec. 223.4. "Medical center", for purposes of IC 16-23.5, has the meaning set forth in IC 16-23.5-1-11.
As added by P.L.2-2007, SEC.188.
Sec. 223.5. "Medical emergency", for purposes of IC 16-34, means a condition that, on the basis of the attending physician's good faith clinical judgment, complicates the medical condition of a pregnant woman so that it necessitates the immediate termination of her pregnancy to avert her death or for which a delay would create serious risk of substantial and irreversible impairment of a major bodily function.
As added by P.L.187-1995, SEC.2.
Sec. 223.6. "Medical director", for purposes of IC 16-31-3.5, has the meaning set forth in IC 16-35-3.5-1.
As added by P.L.205-2003, SEC.18.
Sec. 223.7. "Medically contraindicated", for purposes of IC 16-28-14 and IC 16-28-14.5, means that a vaccine would be detrimental to an individual's health because of a medical condition of the individual.
As added by P.L.97-1999, SEC.1. Amended by P.L.29-2009, SEC.1.
[Pre-1993 Recodification Citation: 16-2-1-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 224.1. "Medication assisted treatment" has the meaning set forth in IC 12-7-2-128.7.
As added by P.L.203-2017, SEC.5.
Sec. 225. "Member of the armed forces", for purposes of IC 16-33-4, has the meaning set forth in IC 16-33-4-4.
[Pre-1993 Recodification Citation: 16-6.5-5-3.]
As added by P.L.2-1993, SEC.1.
Sec. 225.8. "Mental health provider", for purposes of IC 16-36-1.5, has the meaning set forth in IC 16-36-1.5-2.
As added by P.L.145-1996, SEC.1. Amended by P.L.34-2001, SEC.6.
Sec. 226. "Mental health records", for purposes of IC 16-39, means recorded or unrecorded information concerning the diagnosis, treatment, or prognosis of a patient receiving mental health services or developmental disability training. The term does not include alcohol and drug abuse records.
[Pre-1993 Recodification Citation: 16-4-8-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.4-1997, SEC.2.
Sec. 226.4. "Micro market", for purposes of IC 16-42-5-32, has the meaning set forth in IC 16-42-5-32(a).
As added by P.L.46-2017, SEC.1.
Sec. 226.5. "Micro market display", for purposes of IC 16-42-5-32, has the meaning set forth in IC 16-42-5-32(b).
As added by P.L.46-2017, SEC.2.
Sec. 227. "Migratory temporary increase in population", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-8.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(b).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-23-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-23-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 230.5. "Military service applicant", for purposes of IC 16-31-11, has the meaning set forth in IC 16-31-11-1.
As added by P.L.16-2013, SEC.1; P.L.115-2013, SEC.1.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(j).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(l).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(g).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(c).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 235. "Minor", for purposes of IC 16-36, means an individual who is less than eighteen (18) years of age.
[Pre-1993 Recodification Citation: 16-8-12-1(4).]
As added by P.L.2-1993, SEC.1.
Sec. 236. (a) "Minority", for purposes of IC 16-19-14, has the meaning set forth in IC 16-19-14-2.
(b) "Minority", for purposes of IC 16-46-6, has the meaning set forth in IC 16-46-6-2.
[Pre-1993 Recodification Citation: 16-1-44-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.38-2010, SEC.2.
[Pre-1993 Recodification Citation: 16-6-9-2(n).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 237.1. "Miscarried fetus", for purposes of IC 16-21-11 and IC 16-41-16, has the meaning set forth in IC 16-21-11-2.
As added by P.L.127-2014, SEC.2. Amended by P.L.213-2016, SEC.6.
Sec. 237.5. "Mobile camp", for purposes of IC 16-19-3, has the meaning set forth in IC 16-19-3-0.5.
As added by P.L.83-2007, SEC.4.
Sec. 238. "Mobile home", for purposes of IC 16-41-27, has meaning set forth in IC 16-41-27-4.
[Pre-1993 Recodification Citation: 13-1-7-2(1).]
As added by P.L.2-1993, SEC.1.
Sec. 238.5. "Mobile home community", for purposes of IC 16-41-27, has the meaning set forth in IC 16-41-27-5.
As added by P.L.87-2005, SEC.3.
[Pre-1993 Recodification Citation: 13-1-7-2(2).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
[Pre-1993 Recodification Citation: 13-1-8-2(a).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
As added by P.L.196-2005, SEC.2. Repealed by P.L.42-2011, SEC.87.
Sec. 241. "Motor fuel", for purposes of IC 16-44-3, has the meaning set forth in IC 16-44-3-2.
[Pre-1993 Recodification Citation: 16-6-13-3.]
As added by P.L.2-1993, SEC.1.
Sec. 242. "Motor fuel outlet", for purposes of IC 16-44-3, has the meaning set forth in IC 16-44-3-3.
[Pre-1993 Recodification Citation: 16-6-13-4.]
As added by P.L.2-1993, SEC.1.
Sec. 242.9. "MTBE", for purposes of IC 16-44-2, has the meaning set forth in IC 16-44-2-2.4.
As added by P.L.26-2002, SEC.1.
Sec. 243. "Municipal corporation", for purposes of IC 16-35-1, has the meaning set forth in IC 16-35-1-1.
[Pre-1993 Recodification Citation: 16-6.5-1-1.]
As added by P.L.2-1993, SEC.1.
Sec. 244. "Narrative report", for purposes of IC 16-20-8, has the meaning set forth in IC 16-20-8-2.
[Pre-1993 Recodification Citation: 16-1-4-8.5(b).]
As added by P.L.2-1993, SEC.1.
Sec. 244.5. "National criminal history background check", for purposes of IC 16-27-2, has the meaning set forth in IC 16-27-2-2.1.
As added by P.L.197-2007, SEC.4.
Sec. 244.8. "Neonatal abstinence syndrome" and "NAS", for purposes of IC 16-19-16, refer to the various adverse effects that occur in a newborn infant who was exposed to addictive illegal or prescription drugs while in the mother's womb.
As added by P.L.110-2014, SEC.1.
Sec. 245. "Net operating revenue", for purposes of IC 16-22-7, has the meaning set forth in IC 16-22-7-3.
[Pre-1993 Recodification Citation: 16-20-20.5-1(a)(6).]
As added by P.L.2-1993, SEC.1.
Sec. 246. "Net patient revenue", for purposes of IC 16-21-6, has the meaning set forth in IC 16-21-6-2.
[Pre-1993 Recodification Citation: 16-10-5-1.]
As added by P.L.2-1993, SEC.1.
Sec. 247. "Net revenues", for purposes of IC 16-22-6, means the revenues of the hospital remaining after provisions for reasonable expenses of operation, repair, replacements, and maintenance of the hospital.
[Pre-1993 Recodification Citation: 16-12-20-27(e).]
As added by P.L.2-1993, SEC.1.
Sec. 248. "New", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-8.
[Pre-1993 Recodification Citation: 16-9-4-2(c).]
As added by P.L.2-1993, SEC.1.
As added by P.L.61-2015, SEC.4. Expired 7-1-2016 by P.L.61-2015, SEC.4.
As added by P.L.61-2015, SEC.5. Expired 7-1-2016 by P.L.61-2015, SEC.5.
Sec. 249. "New drug", for purposes of IC 16-42-1 through IC 16-42-4, means:
(1) any drug whose composition is such that the drug is not generally recognized among experts, who are qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling of the drug; or
(2) any drug whose composition is such that the drug, as a result of investigations to determine the safety for use under such conditions, has become so recognized, but which has not, otherwise than in investigations, been used to a material extent or for a material time under such conditions.
[Pre-1993 Recodification Citation: 16-1-28-3(n).]
As added by P.L.2-1993, SEC.1.
Sec. 250. "Noncompliant behavior", for purposes of IC 16-41, means behavior of a carrier that is not in compliance with a health directive.
[Pre-1993 Recodification Citation: 16-1-10.5-6.]
As added by P.L.2-1993, SEC.1.
Sec. 251. "Nonprofit hospital", for purposes of IC 16-21-9, has the meaning set forth in IC 16-21-9-3.
[Pre-1993 Recodification Citation: 16-1-8-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.94-1994, SEC.9; P.L.144-1996, SEC.2.
Sec. 252. "Nonprofit hospital corporation" means a corporation that:
(1) is organized and doing business under IC 23-17;
(2) is authorized by the corporation's charter to and does own and operate a hospital;
(3) is licensed under IC 16-21; and
(4) operates the hospital as a charitable or benevolent institution making the hospital's services available to persons unable to pay to the extent of the hospital's financial ability to do so.
[Pre-1993 Recodification Citation: 16-12-22-1(a).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-2-1-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 253.2. "Nonresidential onsite sewage system", for purposes of IC 16-19-3.5, has the meaning set forth in IC 16-19-3.5-3.5.
As added by P.L.163-2017, SEC.1.
Sec. 253.5. "Nontransporting emergency medical services vehicle", for purposes of IC 16-31-3, has the meaning set forth in IC 16-31-3-0.5.
As added by P.L.186-1995, SEC.5.
Sec. 253.7. "Nursing facility", for purposes of IC 16-28-15, has the meaning set forth in IC 16-28-15-4.
As added by P.L.229-2011, SEC.158.
Sec. 254. "Oath" includes affirmation.
[Pre-1993 Recodification Citation: 16-1-1-5 part.]
As added by P.L.2-1993, SEC.1.
Sec. 254.2. "Objective scientific information", for purposes of IC 16-34, means data that have been reasonably derived from scientific literature and verified or supported by research in compliance with scientific methods.
As added by P.L.193-2011, SEC.3.
Sec. 254.5. (a) "Office", for purposes of IC 16-19-13, refers to the office of women's health established by IC 16-19-13-2.
(b) "Office", for purposes of IC 16-19-14, refers to the office of minority health established by IC 16-19-14-4.
(c) "Office", for purposes of IC 16-28-15, has the meaning set forth in IC 16-28-15-5.
As added by P.L.52-1999, SEC.2. Amended by P.L.38-2010, SEC.3; P.L.229-2011, SEC.159.
[Pre-1993 Recodification Citation: 16-6-5-3(kk).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 256. "Official compendium", for purposes of IC 16-42-1 through IC 16-42-4, means the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of the publications.
[Pre-1993 Recodification Citation: 16-1-28-3(h).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(ll).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citations: 16-6-4-1; 16-6-5-3(d).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(jj).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-6-1(n).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-6-1(o).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(ii).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-34-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 263.5. "Onsite residential sewage discharging disposal system", for purposes of IC 16-19-3, means a sewage disposal system that:
(1) is located on a site with and serves a one (1) or two (2) family residence; and
(2) discharges effluent offsite.
As added by P.L.172-2002, SEC.5.
Sec. 263.6. "Onsite sewage system", for purposes of IC 16-41-25.5, has the meaning set forth in IC 16-41-25.5-1.
As added by P.L.181-2018, SEC.15.
Sec. 263.9. "Overdose intervention drug", for purposes of IC 16-31 and IC 16-42-27, means naloxone or any other drug that:
(1) is an opioid, opiate, or morphine antagonist; and
(2) prevents or reverses the effects of:
(A) opioids;
(B) opiates; or
(C) morphine;
including respiratory depression, sedation, and hypotension.
As added by P.L.156-2014, SEC.5. Amended by P.L.32-2015, SEC.1.
Sec. 264. "Operator", for purposes of IC 16-41-31, has the meaning set forth in IC 16-41-31-4.
[Pre-1993 Recodification Citations: 16-1-22-5; 16-6-4-5; 16-9-6-4.]
As added by P.L.2-1993, SEC.1. Amended by P.L.144-1996, SEC.4; P.L.104-2003, SEC.2.
Sec. 264.5. "Other unlicensed employee", for purposes of IC 16-28-13, has the meaning set forth in IC 16-28-13-2.
As added by P.L.152-1995, SEC.17.
Sec. 264.7. "Out of hospital", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-5.
As added by P.L.148-1999, SEC.7.
Sec. 264.8. "Out of hospital DNR declaration and order", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-6.
As added by P.L.148-1999, SEC.8.
Sec. 264.9. "Out of hospital DNR identification device", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-7.
As added by P.L.148-1999, SEC.9.
Sec. 265. (a) "Package", for purposes of IC 16-42-1 through IC 16-42-4, means a container or wrapping in which a consumer commodity is enclosed for use in the delivery or display of the consumer commodity to retail purchasers.
(b) The term does not include the following:
(1) Shipping containers or wrappings used solely for the transportation of any consumer commodity in bulk or in quantity to manufacturers, packers, or processors or to wholesale or retail distributors of consumer commodities.
(2) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity to retail customers if the containers and wrappings bear no printed matter pertaining to any particular commodity.
[Pre-1993 Recodification Citations: 16-1-28-3(s); 16-6-5-3(cc).]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.63.
Sec. 265.5. "Palliative care", for purposes of IC 16-19-17, has the meaning set forth in IC 16-19-17-2.
As added by P.L.43-2016, SEC.2.
Sec. 266. "Paramedic", for purposes of IC 16-31, means an individual who:
(1) is:
(A) affiliated with a certified paramedic organization;
(B) employed by a sponsoring hospital approved by the commission; or
(C) employed by a supervising hospital with a contract for inservice education with a sponsoring hospital approved by the commission;
(2) has completed a prescribed course in advanced life support; and
(3) has been licensed by the Indiana emergency medical services commission.
[Pre-1993 Recodification Citation: 16-1-40-1(c).]
As added by P.L.2-1993, SEC.1. Amended by P.L.77-2012, SEC.12.
Sec. 266.4. (a) "Parent or legal guardian or custodian" means the following, except as provided in subsection (b):
(1) A parent having legal custody of a child.
(2) The biological father of a child who is married to the mother of the child:
(A) if the mother of the child has legal custody of the child; and
(B) even if the father does not have legal custody of the child.
(3) The legal guardian of a child.
(4) The legal custodian of a child.
(b) The term does not include:
(1) the department of correction, if wardship of the child is transferred to the department for housing in a correctional facility for children;
(2) a community based correctional facility for children, if wardship of the child is transferred to the correctional facility for children; or
(3) a secure juvenile facility, if wardship is transferred to the secure juvenile facility.
If an entity described in this subsection has wardship, the person described in subsection (a) who had legal custody of the child (or, in the case of a father described in subsection (a)(2), was married to a mother with legal custody) at the time wardship was transferred is the parent, legal guardian, or custodian of the child unless a court has terminated that person's legal custody or guardianship rights.
As added by P.L.173-2017, SEC.1.
Sec. 266.5. "Parent personal services agency", for purposes of IC 16-27-4, has the meaning set forth in IC 16-27-4-2.
As added by P.L.212-2005, SEC.6.
Sec. 267. "Parental consent", for purposes of IC 16-34, means the written consent of the parent or legal guardian of an unemancipated pregnant woman less than eighteen (18) years of age to the performance of an abortion on the minor pregnant woman.
[Pre-1993 Recodification Citation: 35-1-58.5-1(g).]
As added by P.L.2-1993, SEC.1.
Sec. 267.5. "Partial birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
As added by P.L.145-1997, SEC.1.
Sec. 268. "Partnership responsibility", for purposes of IC 16-46-1, has the meaning set forth in IC 16-46-1-9.
[Pre-1993 Recodification Citation: 16-3-3-2 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 16-1-23-2; 16-6-6-1(e).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-1-23-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 271. "Pathological waste", for purposes of IC 16-41-16, has the meaning set forth in IC 16-41-16-5.
[Pre-1993 Recodification Citation: 16-1-9.7-4.]
As added by P.L.2-1993, SEC.1.
Sec. 272. (a) "Patient", for purposes of IC 16-27-1, has the meaning set forth in IC 16-27-1-6.
(b) "Patient", for purposes of IC 16-28 and IC 16-29, means an individual who has been accepted and assured care by a health facility.
(c) "Patient", for purposes of IC 16-36-1.5, has the meaning set forth in IC 16-36-1.5-3.
(d) "Patient", for purposes of IC 16-39, means an individual who has received health care services from a provider for the examination, treatment, diagnosis, or prevention of a physical or mental condition.
[Pre-1993 Recodification Citations: 16-4-8-1 part; 16-10-2.2-6; 16-10-4-1.]
As added by P.L.2-1993, SEC.1. Amended by P.L.145-1996, SEC.2; P.L.188-2017, SEC.3; P.L.153-2018, SEC.4.
[Pre-1993 Recodification Citation: 13-1-7-2(a).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-2005, SEC.40.
Sec. 273.5. "Perinatal hospice", for purposes of IC 16-25-4.5 and IC 16-34, has the meaning set forth in IC 16-25-4.5-3.
As added by P.L.213-2016, SEC.7.
Sec. 274. (a) "Person" means, except as provided in subsections (b), (c), and (d), an individual, a firm, a partnership, an association, a fiduciary, an executor or administrator, a governmental entity, or a corporation.
(b) "Person", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-8.
(c) "Person", for purposes of IC 16-31, means an individual, a partnership, a corporation, an association, a joint stock association, or a governmental entity other than an agency or instrumentality of the United States.
(d) "Person", for purposes of IC 16-42-10, has the meaning set forth in IC 16-42-10-3.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-1-42-1; 16-1-47-2; 16-4-9-1; 16-6-3-1(f); 16-6-4-4; 16-6-5-3(t); 16-6-6-1(p); 16-6-8-2(a); 16-6-9-2(c); 16-6-10-3, 16-6-11-1(c); 16-6-13-5; 16-7-3-2(c); 16-8-7.5-4; 16-9-4-2(g); 16-10-2.2-7; 16-10-5-1 part; 16-12-21-1 part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.256-1999, SEC.9.
Sec. 275. (a) "Person at risk", for purposes of IC 16-41-7-4, has the meaning set forth in IC 16-41-7-4(a).
(b) "Person at risk", for purposes of IC 16-41-7-1 and IC 16-41-7-3, has the meaning set forth in IC 16-41-7-1(c).
[Pre-1993 Recodification Citations: 16-1-10.5-8.5(c); 16-1-10.5-11.6 part.]
As added by P.L.2-1993, SEC.1.
Sec. 276. "Person in attendance at birth", for purposes of IC 16-37-1 and IC 16-37-2, has the meaning set forth in IC 16-37-2-1.
[Pre-1993 Recodification Citation: 16-1-15-2(7).]
As added by P.L.2-1993, SEC.1. Amended by P.L.61-2009, SEC.3.
Sec. 277. (a) "Person in charge of interment", for purposes of IC 16-21-11, has the meaning set forth in IC 16-21-11-3.
(b) "Person in charge of interment", for purposes of IC 16-37-1 and IC 16-37-3, has the meaning set forth in IC 16-37-3-2.
[Pre-1993 Recodification Citation: 16-1-15-2(5).]
As added by P.L.2-1993, SEC.1. Amended by P.L.61-2009, SEC.4; P.L.127-2014, SEC.3.
Sec. 277.5. "Person with a disability", for purposes of IC 16-32, IC 16-33, and IC 16-40-1, means an individual who, by reason of physical, mental, or emotional defect or infirmity (whether congenital or acquired by accident, injury, or disease) is or may subsequently be totally or partially prevented from achieving the fullest attainable physical, social, economic, mental, and vocational participation in the normal process of living.
As added by P.L.23-1993, SEC.58.
Sec. 277.6. "Personal representative", for purposes of IC 16-27-4, has the meaning set forth in IC 16-27-4-3.
As added by P.L.212-2005, SEC.7.
Sec. 277.7. "Personal services", for purposes of IC 16-27-2 and IC 16-27-4, has the meaning set forth in IC 16-27-4-4.
As added by P.L.212-2005, SEC.8.
Sec. 277.8. "Personal services agency", for purposes of IC 16-27-4, has the meaning set forth in IC 16-27-4-5.
As added by P.L.212-2005, SEC.9.
Sec. 278. "Pest", for purposes of IC 16-41-33, has the meaning set forth in IC 16-41-33-1.
[Pre-1993 Recodification Citation: 16-1-7.3-1(b).]
As added by P.L.2-1993, SEC.1.
Sec. 279. "Pesticide chemical", for purposes of IC 16-42-1 through IC 16-42-4, means a substance:
(1) that alone, in chemical combination, or in formulation with at least one (1) other substance is an "economic poison" within the meaning of the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135-135K); and
(2) that is used in the production, storage, or transportation of raw agricultural commodities.
[Pre-1993 Recodification Citations: 16-1-28-3(u); 16-6-5-3(hh).]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.64.
Sec. 280. "Petroleum products", for purposes of IC 16-44-2, has the meaning set forth in IC 16-44-2-3.
[Pre-1993 Recodification Citation: 16-6-11-1(a).]
As added by P.L.2-1993, SEC.1.
Sec. 281. "Pharmacist" means a person licensed by law to practice pharmacy in Indiana.
[Pre-1993 Recodification Citations: 16-6-8-2(c); 16-6-8.1-1; 16-6-12-5.]
As added by P.L.2-1993, SEC.1.
Sec. 281.5. "Phase out period", for purposes of IC 16-21-10, has the meaning set forth in IC 16-21-10-5.3.
As added by P.L.213-2015, SEC.139.
Sec. 282. (a) "Physician", except as provided in subsections (b) and (c), means a licensed physician (as defined in section 202 of this chapter).
(b) "Physician", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-7.
(c) "Physician", for purposes of IC 16-37-1-3.1 and IC 16-37-3-5, means an individual who:
(1) was the physician last in attendance (as defined in section 282.2 of this chapter); or
(2) is licensed under IC 25-22.5.
(d) "Physician", for purposes of IC 16-48-1, is subject to IC 16-48-1-2.
[Pre-1993 Recodification Citations: 16-1-10.5-11.5; 16-1-15-2(6); 16-8-7-1(b); 16-8-11-7, 35-1-58.5-1(d).]
As added by P.L.2-1993, SEC.1. Amended by P.L.156-2011, SEC.8; P.L.6-2012, SEC.111; P.L.188-2017, SEC.4; P.L.153-2018, SEC.5.
Sec. 282.2. (a) "Physician last in attendance" means the individual who pronounced the time of death for a deceased individual.
(b) For purposes of IC 16-37-3, the term includes an individual who holds any medical license issued under IC 25-22.5.
As added by P.L.156-2011, SEC.9.
[Pre-1993 Recodification Citation: 16-6-4-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
[Pre-1993 Recodification Citation: 16-6-9-2(f).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
[Pre-1993 Recodification Citation: 16-6-5-3(n).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(h).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[Pre-1993 Recodification Citation: 16-6-5-3(i).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 287.2. "POST form", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-4.
As added by P.L.164-2013, SEC.5.
Sec. 287.5. "Postfertilization age", for purposes of IC 16-34, means the age of the fetus calculated from the date of the fertilization of the ovum.
As added by P.L.193-2011, SEC.4.
As added by P.L.138-2014, SEC.6. Repealed by P.L.111-2018, SEC.8.
Sec. 287.7. "Post-organ transplant program", for purposes of IC 16-41-19.5, has the meaning set forth in IC 16-41-19.5-1.
As added by P.L.27-1999, SEC.1.
Sec. 287.8. (a) "Potentially hazardous food product", for purposes of IC 16-42-5-29, means a food that is natural or synthetic and requires temperature control because it is in a form capable of supporting any of the following:
(1) The rapid and progressive growth of infectious or toxigenic microorganisms.
(2) The growth and toxin production of Clostridium botulinum.
(3) In raw shell eggs, the growth of Salmonella enteritidis.
(b) The term includes the following:
(1) A food of animal origin that is raw or heat treated.
(2) A food of plant origin that is heat treated or consists of raw seed sprouts.
(3) Cut melons.
(4) Garlic-in-oil mixtures that are not modified in a way that results in mixtures that do not support growth described in subsection (a).
As added by P.L.86-2009, SEC.2.
Sec. 287.9. "Potential diagnosis", for purposes of IC 16-34, has the meaning set forth in IC 16-34-4-3.
As added by P.L.213-2016, SEC.8.
Sec. 288. (a) "Practitioner", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-5.
(b) "Practitioner", for purposes of IC 16-41-14, has the meaning set forth in IC 16-41-14-4.
(c) "Practitioner", for purposes of IC 16-42-21, has the meaning set forth in IC 16-42-21-3.
(d) "Practitioner", for purposes of IC 16-42-22 and IC 16-42-25, has the meaning set forth in IC 16-42-22-4.5.
[Pre-1993 Recodification Citations: 16-6-8-2(b); 16-6-8.1-1 part; 16-6-12-6; 16-8-7.5-5.]
As added by P.L.2-1993, SEC.1. Amended by P.L.96-2014, SEC.4.
Sec. 289. "Precursor", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-6.
[Pre-1993 Recodification Citation: 16-6-8-2(m).]
As added by P.L.2-1993, SEC.1.
Sec. 290. "Pregnant woman", for purposes of IC 16-26, means an individual of any age who:
(1) has been a resident of Indiana continuously for at least sixty (60) days before her pregnancy;
(2) has verified her pregnancy and intends to carry her pregnancy to term or has given birth to a child; and
(3) is in need of assistance and temporary residence.
[Pre-1993 Recodification Citation: 16-2.5-1-5.]
As added by P.L.2-1993, SEC.1.
As added by P.L.255-1996, SEC.11. Repealed by P.L.237-2003, SEC.18.
[Pre-1993 Recodification Citation: 16-6-5-3(k).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 291.5. "Prescriber", for purposes of IC 16-42-27, has the meaning set forth in IC 16-42-27-1.
As added by P.L.32-2015, SEC.2.
Sec. 292. "Prescription", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-7.
[Pre-1993 Recodification Citation: 16-6-8-2(d).]
As added by P.L.2-1993, SEC.1.
Sec. 292.5. "Primary caregiver", for purposes of IC 16-39-4-2, has the meaning set forth in IC 16-39-4-2(a).
As added by P.L.189-1995, SEC.1.
Sec. 292.7. "Primary prevention", for purposes of IC 16-41-39.4, means the removal or remediation, including the use of interim controls, of lead hazards before lead poisoning of an individual occurs.
As added by P.L.102-2008, SEC.8.
Sec. 293. "Principal display panel", for purposes of IC 16-42-1 through IC 16-42-4, means that part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.
[Pre-1993 Recodification Citation: 16-1-28-3(r).]
As added by P.L.2-1993, SEC.1.
Sec. 293.5. "Probable gestational age of the fetus", for purposes of IC 16-34, means what, in the judgment of the attending physician, will with reasonable probability be the gestational age of the fetus at the time an abortion is planned to be performed.
As added by P.L.187-1995, SEC.3.
[Pre-1993 Recodification Citation: 13-1-2-3(j).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.6.
Sec. 294.1. "Produce farm", for purposes of IC 16-42-1 through IC 16-42-4, means a person that:
(1) grows, harvests, packs, or holds covered produce (as defined by 21 CFR 112) that is intended for human consumption; and
(2) is subject to 21 CFR 112.
The term does not include a person that is exempt under 21 CFR 112.
As added by P.L.101-2018, SEC.2.
Sec. 294.5. (a) "Program", for purposes of IC 16-40-4, has the meaning set forth in IC 16-40-4-3.
(b) "Program", for purposes of IC 16-41-7.5, has the meaning set forth in IC 16-41-7.5-2.
(c) "Program", for purposes of IC 16-47-1, has the meaning set forth in IC 16-47-1-3.
As added by P.L.50-2004, SEC.4. Amended by P.L.95-2005, SEC.4; P.L.208-2015, SEC.4.
Sec. 295. (a) "Provider", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.2.
(b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for IC 16-39-7), and IC 16-41-1 through IC 16-41-9, means any of the following:
(1) An individual (other than an individual who is an employee or a contractor of a hospital, a facility, or an agency described in subdivision (2) or (3)) who is licensed, registered, or certified as a health care professional, including the following:
(A) A physician.
(B) A psychotherapist.
(C) A dentist.
(D) A registered nurse.
(E) A licensed practical nurse.
(F) An optometrist.
(G) A podiatrist.
(H) A chiropractor.
(I) A physical therapist.
(J) A psychologist.
(K) An audiologist.
(L) A speech-language pathologist.
(M) A dietitian.
(N) An occupational therapist.
(O) A respiratory therapist.
(P) A pharmacist.
(Q) A sexual assault nurse examiner.
(2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or described in IC 12-24-1 or IC 12-29.
(3) A health facility licensed under IC 16-28-2.
(4) A home health agency licensed under IC 16-27-1.
(5) An employer of a certified emergency medical technician, a certified advanced emergency medical technician, or a licensed paramedic.
(6) The state department or a local health department or an employee, agent, designee, or contractor of the state department or local health department.
(c) "Provider", for purposes of IC 16-39-7-1, has the meaning set forth in IC 16-39-7-1(a).
(d) "Provider", for purposes of IC 16-48-1, has the meaning set forth in IC 16-48-1-3.
[Pre-1993 Recodification Citations: 16-1-10.5-7; 16-4-8-1 part; 16-4-8-12(a); 16-10-6-6.]
As added by P.L.2-1993, SEC.1. Amended by P.L.188-1995, SEC.2; P.L.20-1998, SEC.1; P.L.231-1999, SEC.12; P.L.256-1999, SEC.10; P.L.205-2003, SEC.19; P.L.90-2005, SEC.2; P.L.41-2007, SEC.4; P.L.6-2012, SEC.112; P.L.77-2012, SEC.13; P.L.141-2012, SEC.6; P.L.161-2014, SEC.4.
Sec. 296. "Provider organization", for purposes of IC 16-31, means an ambulance service provider or other emergency care organization certified by the Indiana emergency medical services commission to provide emergency medical services.
[Pre-1993 Recodification Citation: 16-1-40-1(d).]
As added by P.L.2-1993, SEC.1. Amended by P.L.186-1995, SEC.6.
Sec. 296.3. "Psychiatric advance directive", for purposes of IC 16-36-1.5 and IC 16-36-1.7, has the meaning set forth in IC 16-36-1.7-1.
As added by P.L.16-2004, SEC.1.
Sec. 297. "Public accommodation", for purposes of IC 16-32-3-2, has the meaning set forth in IC 16-32-3-2(a).
[Pre-1993 Recodification Citation: 16-7-5-2.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 13-1-13-2.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.156-2011, SEC.41.
Sec. 298.5. (a) "Public health authority", for purposes of IC 16-22-8 and IC 16-41-9, means:
(1) the state health commissioner of the state department;
(2) a deputy or an assistant state health commissioner appointed by the state health commissioner, or an agent expressly authorized by the state health commissioner;
(3) the local health officer; or
(4) a health and hospital corporation established under IC 16-22-8-6.
(b) "Public health authority", for purposes of IC 16-19 and IC 16-42-27, means any of the following who is a licensed prescriber:
(1) A deputy or assistant state health commissioner appointed by the state health commissioner to act as a public health authority.
(2) An agent employed by the state department that is expressly authorized by the state health commissioner to act as a public health authority.
As added by P.L.138-2006, SEC.2. Amended by P.L.6-2016, SEC.1; P.L.96-2017, SEC.1.
[Pre-1993 Recodification Citation: 16-1-8-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 299.1. "Publicly owned treatment works", for purposes of IC 16-41-25.5, has the meaning set forth in IC 16-41-25.5-2.
As added by P.L.181-2018, SEC.16.
[Pre-1993 Recodification Citation: 16-2-1-1 part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
Sec. 301. "Publish" or "published" or "cause to be published", for purposes of IC 16-22, means publication of notice in an appropriate publication in accordance with IC 5-3-1, unless otherwise specified.
[Pre-1993 Recodification Citation: 16-12.1-1-2(k).]
As added by P.L.2-1993, SEC.1. Amended by P.L.147-2016, SEC.7.
Sec. 301.7. "Qualified entity", for purposes of IC 16-41-7.5, has the meaning set forth in IC 16-41-7.5-3.
As added by P.L.208-2015, SEC.5.
Sec. 302. (a) "Qualified patient", for purposes of IC 16-36-4, has the meaning set forth in IC 16-36-4-4.
(b) "Qualified patient", for purposes of IC 16-42-26, has the meaning set forth in IC 16-42-26-3.
[Pre-1993 Recodification Citation: 16-8-11-8.]
As added by P.L.2-1993, SEC.1. Amended by P.L.2-2015, SEC.2.
Sec. 302.3. (a) "Qualified person", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-8.
(b) "Qualified person", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-5.
As added by P.L.148-1999, SEC.10. Amended by P.L.164-2013, SEC.6.
As added by P.L.61-2015, SEC.6. Expired 7-1-2016 by P.L.61-2015, SEC.6.
Sec. 302.6. "Quarantine", for purposes of IC 16-41-9, means the physical separation, including confinement or restriction of movement, of an individual or a group of individuals who have been exposed to a dangerous communicable disease (as described in IC 16-18-2-91 and 410 IAC 1-2.3-47), during the disease's period of communicability, in order to prevent or limit the transmission of the disease to an uninfected individual.
As added by P.L.138-2006, SEC.3.
Sec. 303. "Radiation", for purposes of IC 16-41-35, has the meaning set forth in IC 16-41-35-8.
[Pre-1993 Recodification Citation: 13-1-2-3(a).]
As added by P.L.2-1993, SEC.1.
Sec. 304. "Radiation machine", for purposes of IC 16-41-35, has the meaning set forth in IC 16-41-35-9.
[Pre-1993 Recodification Citation: 13-1-2-3(d).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-9-2(k).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 306. "Radioactive material", for purposes of IC 16-41-35, has the meaning set forth in IC 16-41-35-10.
[Pre-1993 Recodification Citation: 13-1-2-3(e).]
As added by P.L.2-1993, SEC.1.
Sec. 306.5. "Radon gas", for purposes of IC 16-41-38, has the meaning set forth in IC 16-41-38-1.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-1 part.]
As added by P.L.1-1996, SEC.72.
[Pre-1993 Recodification Citations: 16-1-28-3(v); 16-6-5-3(hh).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
As added by P.L.280-2001, SEC.12. Repealed by P.L.126-2006, SEC.4.
Sec. 308. "Real property" or "land" means improved or unimproved real estate or land and all of the fixtures, buildings, and improvements upon the real property or land.
[Pre-1993 Recodification Citation: 16-12-20.5-1(a)(9).]
As added by P.L.2-1993, SEC.1.
Sec. 308.5. "Recognized accrediting organization", for purposes of IC 16-21-2, refers to an organization that awards accreditation to hospitals and has been granted deemed status by the Centers for Medicare and Medicaid Services of meeting the Medicare and Medicaid certification requirements.
As added by P.L.81-2018, SEC.1.
[Pre-1993 Recodification Citation: 16-6-9-2(e) part.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
[Pre-1993 Recodification Citation: 16-6-6-1(l).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 311. "Record", for purposes of IC 16-21, means a health, medical, or business record, including records generated or stored electronically.
[Pre-1993 Recodification Citation: 16-10-1-21.]
As added by P.L.2-1993, SEC.1.
Sec. 312. "Recording officer" has the meaning set forth in IC 16-22-7-4.
[Pre-1993 Recodification Citation: 16-12-20.5-1(a)(7).]
As added by P.L.2-1993, SEC.1.
Sec. 313. "Reduction in license", for purposes of IC 16-28 and IC 16-29, means the reduction of the number of licensed beds of a health facility.
[Pre-1993 Recodification Citation: 16-10-4-1 part.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-4-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.144-1996, SEC.15.
[Pre-1993 Recodification Citation: 16-6-5-3(w).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
As added by P.L.234-2007, SEC.46. Repealed by P.L.3-2008, SEC.269.
Sec. 315.8. "Remediation" means actions that constitute:
(1) abatement (as defined in IC 16-18-2-0.5); or
(2) interim control (as defined in 24 CFR 35.110);
of a lead hazard.
As added by P.L.102-2008, SEC.9. Amended by P.L.57-2009, SEC.13.
Sec. 316. "Renovate", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-9.
[Pre-1993 Recodification Citation: 16-9-4-2(f).]
As added by P.L.2-1993, SEC.1.
Sec. 316.5. "Replacement bed", for purposes of IC 16-28-16, has the meaning set forth in IC 16-28-16-3.
As added by P.L.229-2011, SEC.160.
Sec. 316.6. "Replacement facility", for purposes of IC 16-28-2.5, has the meaning set forth in IC 16-28-2.5-4.
As added by P.L.257-2015, SEC.3.
Sec. 317. (a) "Representative", for purposes of IC 16-36-1, has the meaning set forth in IC 16-36-1-2.
(b) "Representative", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-9.
(c) "Representative", for purposes of IC 16-36-6, has the meaning set forth in IC 16-36-6-6.
[Pre-1993 Recodification Citation: 16-8-12-1(5).]
As added by P.L.2-1993, SEC.1. Amended by P.L.148-1999, SEC.11; P.L.164-2013, SEC.7.
Sec. 317.5. "Residence", for purposes of IC 16-21-12, has the meaning set forth in IC 16-21-12-6.
As added by P.L.149-2016, SEC.47.
Sec. 317.7. "Residential care facility", for purposes of IC 16-28-2, means an entity licensed under IC 16-28 and registered as a housing with services establishment under IC 12-10-15.
As added by P.L.224-2017, SEC.7.
Sec. 318. "Responsible head", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-20.
[Pre-1993 Recodification Citation: 16-8-7-11.]
As added by P.L.2-1993, SEC.1.
As added by P.L.256-1996, SEC.4. Repealed by P.L.156-2011, SEC.41.
Sec. 319. "Retailer", for purposes of IC 16-42-11, has the meaning set forth in IC 16-42-11-1.1.
[Pre-1993 Recodification Citation: 16-6-1-6(b).]
As added by P.L.2-1993, SEC.1. Amended by P.L.28-2009, SEC.2.
Sec. 320. "Rolls", for purposes of IC 16-42-10, has the meaning set forth in IC 16-42-10-4.
[Pre-1993 Recodification Citation: 16-6-3-1(d).]
As added by P.L.2-1993, SEC.1.
Sec. 321. (a) "Sale", for purposes of IC 16-42-1 through IC 16-42-4, includes the following:
(1) A sale.
(2) Manufacturing, processing, transporting, handling, packing, canning, bottling, or any other production, preparation, or putting up.
(3) Exposure, offer, or any other proffer.
(4) Holding, storing, or any other possession.
(5) Dispensing, giving, delivering, serving, or any other supplying.
(6) Applying, administering, or any other using.
(b) "Sale", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-8.
[Pre-1993 Recodification Citations: 16-1-28-3(c); 16-6-5-3(u); 16-6-8-2(i).]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.65.
Sec. 321.5. "Sample", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.2.
As added by P.L.161-2014, SEC.5.
[Pre-1993 Recodification Citation: 16-6-6-1(f).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
[1993 Recodification Citation: New.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.69-1999, SEC.12.
As added by P.L.252-2003, SEC.7. Repealed by P.L.141-2012, SEC.7.
As added by P.L.252-2003, SEC.8. Repealed by P.L.141-2012, SEC.8.
Sec. 324. "Screening test", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-8.
[Pre-1993 Recodification Citation: 16-8-7-1(f).]
As added by P.L.2-1993, SEC.1.
Sec. 324.7. "Second opinion", for purposes of IC 16-48-1, has the meaning set forth in IC 16-48-1-4.
As added by P.L.6-2012, SEC.113.
Sec. 325. "Secondhand", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-10.
[Pre-1993 Recodification Citation: 16-9-4-2(d).]
As added by P.L.2-1993, SEC.1.
Sec. 326. "Secure area", for purposes of IC 16-41-16, has the meaning set forth in IC 16-41-16-6.
[Pre-1993 Recodification Citation: 16-1-9.7-5.]
As added by P.L.2-1993, SEC.1.
Sec. 326.5. "Secured storage", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.2.
As added by P.L.161-2014, SEC.6.
Sec. 327. "Sell", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-11.
[Pre-1993 Recodification Citation: 16-9-4-2(i).]
As added by P.L.2-1993, SEC.1.
Sec. 328. "Serious and present danger to the health of others", for purposes of IC 16-41-7 and IC 16-41-9, has the meaning set forth in IC 16-41-7-2.
[Pre-1993 Recodification Citations: 16-1-10.5-9; 16-1-10.5-11.]
As added by P.L.2-1993, SEC.1.
Sec. 328.1. "Services", for purposes of IC 16-27-2, has the meaning set forth in IC 16-27-2-2.2.
As added by P.L.178-1993, SEC.1.
Sec. 328.2. "Service animal", for purposes of IC 16-32-3, has the meaning set forth in IC 16-32-3-1.5.
As added by P.L.1-2010, SEC.70.
Sec. 328.3. "Sexual assault examination kit", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.2.
As added by P.L.161-2014, SEC.7.
Sec. 328.4. "Sexual assault nurse examiner", for purposes of IC 16-21-8, has the meaning set forth in IC 16-21-8-0.2.
As added by P.L.161-2014, SEC.8.
Sec. 328.5. "Shaken baby syndrome", for purposes of IC 16-41-40, has the meaning set forth in IC 16-41-40-2.
As added by P.L.51-1998, SEC.2.
Sec. 328.6. "Sex selective abortion", for purposes of IC 16-34-4, has the meaning set forth in IC 16-34-4-4.
As added by P.L.213-2016, SEC.9.
Sec. 329. "Sharp frozen", for purposes of IC 16-42, means the freezing of food in a room or compartment in which the temperature is not more than zero (0) degrees Fahrenheit.
[Pre-1993 Recodification Citations: 16-1-22-4;16-6-4-2.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 16-6-5-3(dd).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 331. "Shortage area", for purposes of IC 16-46-5, has the meaning set forth in IC 16-46-5-6.
[Pre-1993 Recodification Citation: 16-3-6-4.]
As added by P.L.2-1993, SEC.1.
Sec. 331.2. "Site", for purposes of IC 16-19-3.1, means a:
(1) dwelling (as defined in IC 13-11-2-61.3);
(2) building;
(3) motor vehicle (as defined in IC 9-13-2-105(a));
(4) trailer (as defined in IC 9-13-2-184(b)); or
(5) watercraft (as defined by IC 9-13-2-198.5).
As added by P.L.111-2018, SEC.9.
Sec. 331.8. "Small employer", for purposes of IC 16-46-13 has the meaning set forth in IC 16-3.1-31.2-3.
As added by P.L.218-2007, SEC.43.
Sec. 331.9. "Small house health facility" means a freestanding, self-contained comprehensive care health facility that has the following characteristics:
(1) Has at least ten (10) and not more than twelve (12) private resident rooms in one (1) structure that has the appearance of a residential dwelling, that is not more than eight thousand (8,000) square feet, and that includes the following:
(A) A fully accessible private bathroom for each resident room that includes a toilet, sink, and roll in shower with a seat.
(B) A common area living room seating area.
(C) An open full-sized kitchen where one hundred percent (100%) of the resident's meals are prepared.
(D) A dining room that has one (1) table large enough to seat each resident of the dwelling and at least two (2) staff members.
(E) Access to natural light in each habitable space.
(2) Does not include the following characteristics of an institutional setting:
(A) A nurse's station.
(B) Room numbering or other signs that would not be found in a residential setting.
(3) Provides self-directed care.
As added by P.L.229-2011, SEC.161. Amended by P.L.6-2012, SEC.114.
[Pre-1993 Recodification Citation: 13-1-13-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.156-2011, SEC.41.
Sec. 333. "Solid waste", for purposes of IC 16-42-18, has the meaning set forth in IC 16-42-18-1.
[Pre-1993 Recodification Citation: 16-1-28-13.5(b).]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citation: 13-1-2-3(h).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.7.
[Pre-1993 Recodification Citation: 13-1-2-3(g).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.8.
[Pre-1993 Recodification Citation: 13-1-2-3(p).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.9.
Sec. 337. "Sponsoring" or "supervising hospital", for purposes of IC 16-31, means a hospital:
(1) that is licensed under IC 16-21-2 or under the licensing law of another state; and
(2) that has been certified by the emergency medical services commission to sponsor or supervise paramedics, advanced emergency medical technicians, and provider organizations in providing advanced life support.
[Pre-1993 Recodification Citation: 16-1-40-1(e).]
As added by P.L.2-1993, SEC.1. Amended by P.L.205-2003, SEC.20; P.L.77-2012, SEC.14.
Sec. 337.8. "Standard licensed diagnostic test for HIV", for purposes of IC 16-41-6, has the meaning set forth in IC 16-41-6-0.5.
As added by P.L.237-2003, SEC.4.
Sec. 338. "Standard serological test for syphilis", for purposes of IC 16-41-15, has the meaning set forth in IC 16-41-15-2.
[Pre-1993 Recodification Citation: 16-1-11-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 338.3. "Standing order", for purposes of IC 16-31 and IC 16-42-27, means:
(1) a written order; or
(2) an order transmitted by other means of communication;
that is prepared by a person authorized to write a prescription for the distribution and administration of an overdose intervention drug, including any actions and interventions to be used in order to ensure timely access to treatment.
As added by P.L.32-2015, SEC.3.
Sec. 338.5. "State authority", for purposes of IC 16-22, means the Indiana finance authority established by IC 5-1.2-3.
As added by P.L.43-1993, SEC.12. Amended by P.L.162-2007, SEC.36; P.L.189-2018, SEC.141.
Sec. 339. (a) "State department" refers to the state department of health.
(b) For purposes of IC 16-42-1 through IC 16-42-4, the term means the Indiana state board of animal health when impounding or disposing of adulterated or misbranded products under IC 15-17-5 and IC 15-18-1.
[Pre-1993 Recodification Citations: 13-1-7-2(4); 13-1-8-2(c); 16-1-14.5-1 part; 16-1-41-2 part; 16-2-1-1(a); 16-2-2.5-2; 16-2-4-1 part; 16-2-5-1 part; 16-2.5-1-2; 16-4-9-2; 16-6-4-6; 16-6-5-3(a); 16-6-9-2(a); 16-6-13-6; 16-8-6-1.2; 16-8-7-1(g); 16-9-4-2(j); 16-10-1-2; 16-10-2.2-8(a); 16-10-4.1-1; 16-10-5-1 part; 16-10-6-2.]
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.66; P.L.2-2008, SEC.37.
Sec. 340. (a) "State health commissioner" or "commissioner", except as otherwise provided, means the state health commissioner of the state department of health.
(b) For purposes of IC 16-21, IC 16-28, and IC 16-29, the term includes a deputy or an assistant state health commissioner appointed by the state health commissioner, or an agent expressly authorized by the state health commissioner.
(c) For purposes of IC 16-42-1 through IC 16-42-4, the term means the state veterinarian when impounding or disposing of adulterated or misbranded products under IC 15-17-5 and IC 15-18-1.
[Pre-1993 Recodification Citations: 13-1-7-2(6); 16-1-14.5-1 part; 16-2-4-1 part; 16-2-5-1 part; 16-6-3-1(e); 16-6-4-7; 16-6-5-3(b); 16-6-9-2(b); 16-10-1-2.1; 16-10-2.2-8.5.]
As added by P.L.2-1993, SEC.1. Amended by P.L.179-1993, SEC.1; P.L.137-1996, SEC.67; P.L.144-1996, SEC.5; P.L.2-2008, SEC.38.
Sec. 341. "Stillbirth", for purposes of IC 16-37, means a birth after twenty (20) weeks of gestation that is not a live birth.
[Pre-1993 Recodification Citation: 16-1-15-2(3).]
As added by P.L.2-1993, SEC.1.
Sec. 342. "Storage facility", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-9.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.1.
Sec. 342.4. (a) "Subsidized health services", for purposes of IC 16-21-6 and IC 16-21-9, means services that:
(1) are provided by a hospital, in response to community needs, for which the reimbursement is less than the hospital's cost for providing the services; and
(2) must be subsidized by other hospital or nonprofit supporting entity revenue sources.
(b) Subsidized health services may include:
(1) emergency and trauma care;
(2) neonatal intensive care;
(3) free standing community clinics; and
(4) collaborative efforts with local government or private agencies in preventive medicine, such as immunization programs.
(c) As used in this section, "nonprofit supporting entity" means a nonprofit entity that is created by the hospital or the hospital's parent entity to further the charitable purposes of the hospital and that is owned or controlled by the hospital or the hospital's parent entity.
As added by P.L.94-1994, SEC.10.
As added by P.L.188-2017, SEC.5. Repealed by P.L.153-2018, SEC.6.
Sec. 343. "Substitute", for purposes of IC 16-42-22, has the meaning set forth in IC 16-42-22-5.
[Pre-1993 Recodification Citation: 16-6-8.1-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 344. "Superintendent":
(1) for purposes of IC 16-21-8-1.8, has the meaning set forth in IC 10-11-1-4; and
(2) for purposes of IC 16-36-3, has the meaning set forth in IC 12-7-2-188(3).
[Pre-1993 Recodification Citation: 16-8-3-1(b).]
As added by P.L.2-1993, SEC.1. Amended by P.L.97-2018, SEC.2.
Sec. 345. "Supply dealer", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-12.
[Pre-1993 Recodification Citation: 16-9-4-2(h).]
As added by P.L.2-1993, SEC.1.
Sec. 346. "Surgeon", for purposes of IC 16-41-12, has the meaning set forth in IC 16-41-12-10.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.1.
Sec. 346.3. (a) "Target housing", for purposes of lead-based paint activities and IC 16-41-39.8, means housing constructed before January 1, 1978.
(b) The term does not include the following:
(1) Housing for the elderly or individuals with disabilities that is not occupied by or expected to be occupied by a child of not more than six (6) years of age.
(2) A building without a bedroom.
As added by P.L.57-2009, SEC.14.
As added by P.L.69-2004, SEC.1. Repealed by P.L.86-2018, SEC.168.
[Pre-1993 Recodification Citation: 16-1-47-3.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.142-1995, SEC.32.
[Pre-1993 Recodification Citation: 16-1-47-4.]
As added by P.L.2-1993, SEC.1. Repealed by P.L.142-1995, SEC.32.
Sec. 348.5. "Telemedicine", for purposes of IC 16-36-1, means a specific method of delivery of services, including medical exams and consultations and behavioral health evaluations and treatment, including those for substance abuse, using videoconferencing equipment to allow a provider to render an examination or other service to a patient at a distant location. The term does not include the use of the following:
(1) A telephone transmitter for transtelephonic monitoring.
(2) A telephone or any other means of communication for the consultation from one (1) provider to another provider.
As added by P.L.185-2015, SEC.15.
Sec. 349. "Temporary residence", for purposes of IC 16-26, means the premises in which the pregnant woman resides for not more than eleven (11) months that is equipped for sleeping and that is not a hotel, motel, inn, or the pregnant woman's regular residence.
[Pre-1993 Recodification Citation: 16-2.5-1-6.]
As added by P.L.2-1993, SEC.1.
Sec. 349.5. "Tenant" has the meaning set forth in IC 32-31-3-10.
As added by P.L.102-2008, SEC.10.
[Pre-1993 Recodification Citation: 13-1-7-2(10).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-2005, SEC.40.
Sec. 351. "Terminal condition", for purposes of IC 16-36-4, has the meaning set forth in IC 16-36-4-5.
[Pre-1993 Recodification Citation: 16-8-11-9.]
As added by P.L.2-1993, SEC.1.
Sec. 351.5. "Terminal illness", for purposes of IC 16-25, has the meaning set forth in IC 16-25-1.1-9.
As added by P.L.256-1999, SEC.11.
Sec. 352. "Toilet units", for purposes of IC 16-41-23-2, has the meaning set forth in IC 16-41-23-2(a).
[Pre-1993 Recodification Citation: 16-1-20.5-2.]
As added by P.L.2-1993, SEC.1.
Sec. 352.5. "Total comprehensive care bed days available at comprehensive care health facilities", for purposes of IC 16-29-7, has the meaning set forth in IC 16-29-7-4.
As added by P.L.202-2018, SEC.5.
Sec. 352.7. "Total statewide inpatient days", for purposes of IC 16-29-7, has the meaning set forth in IC 16-29-7-5.
As added by P.L.202-2018, SEC.6.
[Pre-1993 Recodification Citation: 16-6-9-2(g).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.87-1994, SEC.16.
Sec. 353.5. "Training or educational purposes", for purposes of IC 16-39-7.1, has the meaning set forth in IC 16-39-7.1-1.5.
As added by P.L.179-2003, SEC.1.
Sec. 354. "Transfer station", for purposes of IC 16-42, means a place, a premises, or an establishment where milk or milk products are transferred directly from one (1) transport tank to another.
[Pre-1993 Recodification Citations: 16-1-23-1 part; 16-6-6-1(m).]
As added by P.L.2-1993, SEC.1.
Sec. 354.5. "Trauma care", for purposes of IC 16-19-3-28, means the assessment, diagnosis, transportation, treatment, or rehabilitation by a health care provider of an acute bodily injury that requires immediate intervention to prevent the loss of life or a serious impairment of a body function or part.
As added by P.L.155-2006, SEC.1.
As added by P.L.188-2017, SEC.6. Repealed by P.L.153-2018, SEC.7.
Sec. 355. "Trimester", for purposes of IC 16-34, means any one (1) of three (3) equal periods of time of normal gestation period of a pregnant woman derived by dividing the period of gestation into three (3) equal parts of three (3) months each and to be designated as the first trimester, second trimester, and the third trimester, respectively.
[Pre-1993 Recodification Citation: 35-1-58.5-1(a).]
As added by P.L.2-1993, SEC.1.
Sec. 356. "Truck", for purposes of IC 16-42-18, has the meaning set forth in IC 16-42-18-2.
[Pre-1993 Recodification Citation: 16-1-28-13.5(c).]
As added by P.L.2-1993, SEC.1.
Sec. 357. "Tuberculosis", for purposes of IC 16-24, includes other chronic diseases unless the context clearly requires otherwise.
[Pre-1993 Recodification Citation: 16-11-1-4(a)(10) part.]
As added by P.L.2-1993, SEC.1.
Sec. 358. "Unfit for human habitation", for purposes of IC 16-41-20, has the meaning set forth in IC 16-41-20-1.
[Pre-1993 Recodification Citation: 16-1-25-5.]
As added by P.L.2-1993, SEC.1.
Sec. 359. "Unit", for purposes of IC 16-41-22, has the meaning set forth in IC 16-41-22-4.
[Pre-1993 Recodification Citation: 16-1-42-1 part.]
As added by P.L.2-1993, SEC.1.
Sec. 360. "Universal precautions", for purposes of IC 16-41-11, has the meaning set forth in IC 16-41-11-3.
[Pre-1993 Recodification Citation: 16-10-7-3.]
As added by P.L.2-1993, SEC.1.
Sec. 361. "Unnecessary radiation", for purposes of IC 16-41-35, has the meaning set forth in IC 16-41-35-14.
[Pre-1993 Recodification Citation: 13-1-2-3(c).]
As added by P.L.2-1993, SEC.1.
Sec. 361.5. (a) "Unreimbursed costs", for purposes of IC 16-21-6 and IC 16-21-9, means the costs a hospital incurs for providing services after subtracting payments received from any source for such services, including the following:
(1) Third party insurance payments.
(2) Medicare payments.
(3) Medicaid payments.
(4) Medicare education reimbursements.
(5) State reimbursements for education.
(6) Payments from drug companies to pursue research.
(7) Grant funds for research.
(8) Disproportionate share payments.
(b) For purposes of this definition, costs must be calculated by applying the aggregate cost to charge ratios for all hospital services derived from the hospital's Medicare cost report to billed charges. Before January 1, 1997, for purposes of this definition, charitable contributions and grants to a hospital, including transfers from endowment or other funds controlled by the hospital or the hospital's nonprofit supporting entities, shall not be subtracted from the costs of providing services for purposes of determining unreimbursed costs. Beginning January 1, 1997, for purposes of this definition, charitable contributions and grants to a hospital, including transfers from endowment or other funds controlled by the hospital or the hospital's nonprofit supporting entities, shall not be subtracted from the costs of providing services for purposes of determining the unreimbursed costs of charity care and government sponsored indigent health care.
(c) As used in this section, "government sponsored indigent health care" has the meaning set forth in IC 16-21-9-2.
(d) As used in this section, "nonprofit supporting entity" means a nonprofit entity that is created by the hospital or the hospital's parent entity to further the charitable purposes of the hospital and that is owned or controlled by the hospital or the hospital's parent entity.
As added by P.L.94-1994, SEC.11.
[Pre-1993 Recodification Citation: 13-1-2-3(k).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.29-2014, SEC.10.
Sec. 363. "Vector", for purposes of IC 16-41-33, has the meaning set forth in IC 16-41-33-2.
[Pre-1993 Recodification Citation: 16-1-7.3-1(a).]
As added by P.L.2-1993, SEC.1.
Sec. 363.3. "Vending machine", for purposes of IC 16-42-5-32, has the meaning set forth in IC 16-42-5-32(c).
As added by P.L.46-2017, SEC.3.
[Pre-1993 Recodification Citation: 16-6-5-3(q).]
As added by P.L.2-1993, SEC.1. Repealed by P.L.137-1996, SEC.75.
Sec. 365. "Viability", for purposes of IC 16-34, means the ability of a fetus to live outside the mother's womb.
[Pre-1993 Recodification Citation: 35-1-58.5-1(e).]
As added by P.L.2-1993, SEC.1.
As added by P.L.90-2005, SEC.3. Amended by P.L.41-2007, SEC.5. Repealed by P.L.161-2014, SEC.9.
Sec. 366. "Vital statistics" includes the following:
(1) Factual data concerning births, deaths, and stillbirths and relevant personal, medical, and social data.
(2) The registration, preparation, transcription, collection, compilation, and preservation of that data.
[Pre-1993 Recodification Citation: 16-1-15-2(1).]
As added by P.L.2-1993, SEC.1.
Sec. 367. "Volunteer fire department", for purposes of IC 16-31-3, has the meaning set forth in IC 16-31-3-6(a).
[Pre-1993 Recodification Citation: 16-1-39-12(d) part.]
As added by P.L.2-1993, SEC.1. Amended by P.L.1-1999, SEC.43.
Sec. 368. "Volunteer firefighter", for purposes of IC 16-31-3, has the meaning set forth in IC 16-31-3-6(b).
[Pre-1993 Recodification Citation: 16-1-39-12(d) part.]
As added by P.L.2-1993, SEC.1.
Sec. 369. "Warehouseman", for purposes of IC 16-42-19, has the meaning set forth in IC 16-42-19-9.
[Pre-1993 Recodification Citation: 16-6-8-2(h).]
As added by P.L.2-1993, SEC.1.
Sec. 370. "Waste blood specimen", for purposes of IC 16-41-17, has the meaning set forth in IC 16-41-17-1.
[Pre-1993 Recodification Citation: 16-8-6-1.6.]
As added by P.L.2-1993, SEC.1.
Sec. 371. "Wastes", for purposes of IC 16-41-16-3, has the meaning set forth in rules adopted under 16-41-16-8.
[Pre-1993 Recodification Citations: 16-1-9.7-3; 16-1-9.7-8.]
As added by P.L.2-1993, SEC.1.
[Pre-1993 Recodification Citations: 13-1-7-2(7); 13-1-8-2(d).]
As added by P.L.2-1993, SEC.1. Amended by P.L.1-1996, SEC.73; P.L.133-2012, SEC.181. Repealed by P.L.113-2014, SEC.101.
Sec. 373. "White bread", for purposes of IC 16-42-10, has the meaning set forth in IC 16-42-10-5.
[Pre-1993 Recodification Citation: 16-6-3-1(c).]
As added by P.L.2-1993, SEC.1.
Sec. 374. (a) "Wholesaler", for purposes of IC 16-42-11, has the meaning set forth in IC 16-42-11-1.1.
(b) "Wholesaler", for purposes of IC 16-42-19 and IC 16-42-21, has the meaning set forth in IC 16-42-19-10.
(c) "Wholesaler", for purposes of IC 16-41-32, has the meaning set forth in IC 16-41-32-13.
[Pre-1993 Recodification Citations: 16-6-1-6(a); 16-6-8-2(g); 16-6-12-7; 16-9-4-2(k).]
As added by P.L.2-1993, SEC.1. Amended by P.L.28-2009, SEC.3.
Sec. 375. "WIC", for purposes of IC 16-35-1.5, has the meaning set forth in IC 16-35-1.5-2.
[Pre-1993 Recodification Citation: 16-4-8-13 part.]
As added by P.L.2-1993, SEC.1.
Sec. 376. "WIC participant", for purposes of IC 16-35-1.5, has the meaning set forth in IC 16-35-1.5-3.
As added by P.L.2-1993, SEC.1.
Sec. 377. "WIC vendor", for purposes of IC 16-35-1.5, has the meaning set forth in IC 16-35-1.5-4.
As added by P.L.2-1993, SEC.1.
Sec. 378. "Women, infants, and children nutrition program", for purposes of IC 16-35-1.5, has the meaning set forth in IC 16-35-1.5-5.
As added by P.L.2-1993, SEC.1.
Sec. 379. "X-ray film", for purposes of IC 16-39, has the meaning set forth in IC 16-39-7-2.
As added by P.L.2-1993, SEC.1.
Sec. 1. As used in this chapter, "prior health and hospital law" refers to the statutes that are repealed or amended in senate enrolled act 24 of the 1993 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of senate enrolled act 24 of the 1993 regular session of the general assembly.
As added by P.L.2-1993, SEC.1.
Sec. 2. The purpose of senate enrolled act 24 of the 1993 regular session of the general assembly is to recodify prior health and hospital law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:
(1) senate enrolled act 24 of the 1993 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in senate enrolled act 24 of the 1993 regular session of the general assembly; or
(2) the minutes of meetings of the code revision commission during 1992 expressly indicate a different purpose;
the substantive operation and effect of the prior health and hospital law continue uninterrupted as if senate enrolled act 24 of the 1993 regular session of the general assembly had not been enacted.
As added by P.L.2-1993, SEC.1.
Sec. 3. Subject to section 2 of this chapter, sections 4 through 7 of this chapter shall be applied to the statutory construction of senate enrolled act 24 of the 1993 regular session of the general assembly.
As added by P.L.2-1993, SEC.1.
Sec. 4. Senate enrolled act 24 of the 1993 regular session of the general assembly does not affect any:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) violations committed;
(4) proceedings begun;
(5) bonds, notes, loans, or other forms of indebtedness issued, incurred, or made; or
(6) tax levies made;
before the effective date of senate enrolled act 24 of the 1993 regular session of the general assembly (July 1, 1993). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, and tax levies continue and shall be imposed and enforced under prior health and hospital law as if senate enrolled act 24 of the 1993 regular session of the general assembly had not been enacted.
As added by P.L.2-1993, SEC.1.
Sec. 5. Senate enrolled act 24 of the 1993 regular session of the general assembly shall be construed as a recodification of prior health and hospital law. If the literal meaning of senate enrolled act 24 of the 1993 regular session of the general assembly would result in a substantive change in the prior health and hospital law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, or other matters of style in senate enrolled act 24 of the 1993 regular session of the general assembly; and
(2) using any other rule of statutory construction;
as necessary or appropriate to apply senate enrolled act 24 of the 1993 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to senate enrolled act 24 of the 1993 regular session of the general assembly to the extent that senate enrolled act 24 of the 1993 regular session of the general assembly is not substantively identical to the prior health and hospital law.
As added by P.L.2-1993, SEC.1.
Sec. 6. Subject to section 7 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in senate enrolled act 24 of the 1993 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.
As added by P.L.2-1993, SEC.1.
Sec. 7. A citation reference in senate enrolled act 24 of the 1993 regular session of the general assembly to another provision of senate enrolled act 24 of the 1993 regular session of the general assembly shall be treated as including a reference to the provision of prior health and hospital law that is substantively equivalent to the provision of senate enrolled act 24 of the 1993 regular session of the general assembly that is referred to by the citation reference.
As added by P.L.2-1993, SEC.1.
Sec. 8. (a) As used in this section, "repealed statute" refers to any of the following statutes repealed by P.L.2-1993:
(1) IC 13-1-2.
(2) IC 13-1-7.
(3) IC 13-1-8.
(4) IC 13-1-9.
(5) IC 13-1-13.
(6) IC 16-1.
(7) IC 16-2.
(8) IC 16-2.5.
(9) IC 16-3.
(10) IC 16-4.
(11) IC 16-5.
(12) IC 16-6.
(13) IC 16-6.5.
(14) IC 16-7.
(15) IC 16-8.
(16) IC 16-9.
(17) IC 16-9.5.
(18) IC 16-10.
(19) IC 16-11.
(20) IC 16-12.
(21) IC 16-12.1.
(22) IC 16-12.2.
(23) IC 35-1-58.5.
(b) A rule adopted under a repealed statute is valid and effective until a rule is adopted under IC 4-22-2 that:
(1) supersedes in whole or in part the rule adopted under the repealed statute; or
(2) repeals the rule adopted under the repealed statute.
As added by P.L.220-2011, SEC.308.
Sec. 1. This chapter applies to the following:
(1) A hospital licensed under IC 16-21-2 that is established and operated under IC 16-22-2, IC 16-22-8, or IC 16-23.
(2) A hospital licensed under IC 16-21-2 that is not:
(A) a unit of state or local government; or
(B) owned or operated by a unit of state or local government.
(3) A health system.
As added by P.L.199-2013, SEC.1. Amended by P.L.99-2017, SEC.2.
Sec. 1.5. As used in this chapter, "hospital" includes a health system.
As added by P.L.99-2017, SEC.3.
Sec. 2. The governing board of a hospital may establish a hospital police department under this chapter.
As added by P.L.199-2013, SEC.1.
Sec. 3. The governing board of a hospital may do the following for a hospital police department established by the governing board under section 2 of this chapter:
(1) Appoint hospital police officers.
(2) Prescribe the duties and direct the conduct of hospital police officers.
(3) Prescribe distinctive uniforms.
(4) Provide emergency vehicles.
As added by P.L.199-2013, SEC.1.
Sec. 4. (a) The governing board of a hospital shall require an individual appointed as a hospital police officer under this chapter to meet at least the following requirements:
(1) The individual must successfully complete, within one (1) year after the individual is appointed as a hospital police officer, the minimum basic training and educational requirements as approved by the governing board of the hospital and the law enforcement training board.
(2) The individual must undergo a psychological evaluation.
(3) The individual must undergo a national criminal history background check.
(b) The governing board of the hospital shall require an individual appointed as a hospital police officer to annually attend inservice training courses approved by the governing board of the hospital.
As added by P.L.199-2013, SEC.1.
Sec. 5. A hospital police officer appointed under this chapter:
(1) must take an appropriate oath of office in a form and manner prescribed by the governing board of a hospital;
(2) serves at the governing board's pleasure; and
(3) performs the duties that the governing board assigns.
As added by P.L.199-2013, SEC.1.
Sec. 6. (a) A hospital police officer appointed under this chapter has the following powers:
(1) General police powers, including the power to arrest, without process, all persons who commit any offense within the view of the police officer.
(2) The same common law and statutory powers, privileges, and immunities as sheriffs and constables. However, the police officer is empowered to serve civil process only to the extent authorized by the governing board of a hospital.
(3) The duty to enforce and to assist the officials of the hospital in the enforcement of the rules and regulations of the hospital.
(4) The duty to assist and cooperate with other law enforcement agencies and law enforcement officers.
(b) The governing board of a hospital employing a hospital police officer may expressly forbid the police officer from exercising any powers otherwise granted to the police officer by law.
As added by P.L.199-2013, SEC.1.
Sec. 7. (a) For purposes of this section, "property" includes the physical plant of a hospital, the surrounding grounds, and hospital satellite offices and facilities.
(b) A hospital police officer appointed under this chapter may exercise the powers granted under this chapter only upon any property owned, leased, or occupied by the hospital.
As added by P.L.199-2013, SEC.1. Amended by P.L.99-2017, SEC.4.
Sec. 1. The state department of health is established.
[Pre-1993 Recodification Citation: 16-1-1-8.]
As added by P.L.2-1993, SEC.2.
Sec. 2. The state department is the superior health department of the state, to which all other health boards are subordinate.
[Pre-1993 Recodification Citation: 16-1-3-1.]
As added by P.L.2-1993, SEC.2.
Sec. 3. The executive board of the state department may adopt an appropriate seal.
[Pre-1993 Recodification Citation: 16-1-3-26.]
As added by P.L.2-1993, SEC.2.
As added by P.L.220-2011, SEC.309. Repealed by P.L.100-2012, SEC.48.
Sec. 1. (a) The executive board of the state department of health is established.
(b) The executive board consists of eleven (11) members appointed by the governor as follows:
(1) Three (3) licensed physicians.
(2) One (1) sanitary engineer.
(3) One (1) pharmacist.
(4) One (1) dentist.
(5) One (1) veterinarian.
(6) One (1) registered nurse.
(7) One (1) hospital administrator.
(8) One (1) health facility administrator.
(9) One (1) other person.
[Pre-1993 Recodification Citation: 16-1-36-1(a).]
As added by P.L.2-1993, SEC.2.
Sec. 2. Members of the executive board shall be appointed for terms of four (4) years. Each member shall serve until a successor is appointed and qualified.
[Pre-1993 Recodification Citation: 16-1-36-1(b).]
As added by P.L.2-1993, SEC.2.
Sec. 3. Members of the executive board may be removed by the governor for cause. A vacancy on the executive board shall be filled by appointment by the governor for the unexpired term.
[Pre-1993 Recodification Citation: 16-1-36-1(c).]
As added by P.L.2-1993, SEC.2.
Sec. 4. The executive board, or an appeals panel if designated by statute, is the ultimate authority under IC 4-21.5 for any matter concerning the state department.
[Pre-1993 Recodification Citation: 16-1-36-1(d).]
As added by P.L.2-1993, SEC.2.
Sec. 5. In addition to any other statutory duty, the executive board shall serve as an advisory board to the state department.
[Pre-1993 Recodification Citation: 16-1-36-1(e).]
As added by P.L.2-1993, SEC.2.
Sec. 6. The executive board shall meet at least one (1) time every two (2) months and at other times as the executive board considers expedient.
[Pre-1993 Recodification Citation: 16-1-2-2(a).]
As added by P.L.2-1993, SEC.2.
Sec. 7. A majority of the executive board members constitutes a quorum for the transaction of official business.
[Pre-1993 Recodification Citation: 16-1-2-2(b).]
As added by P.L.2-1993, SEC.2.
Sec. 8. Each member of the executive board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.
[Pre-1993 Recodification Citation: 16-1-2-2(c).]
As added by P.L.2-1993, SEC.2.
Sec. 9. The members shall elect one (1) member as chairman of the executive board. The chairman shall serve for a term of two (2) years, unless the person's term of office as a member of the executive board expires sooner.
[Pre-1993 Recodification Citation: 16-1-2-2(d).]
As added by P.L.2-1993, SEC.2.