reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-4. Disclosure of Exposure to Communicable Disease; Treatment and Counseling

Sec. 4. (a) A medical director or physician notified under section 3 of this chapter shall, not more than forty-eight (48) hours after receiving the notification under section 3 of this chapter, contact the emergency medical services provider, health care provider, or law enforcement officer described in section 2 of this chapter to do the following:
(1) Explain, without disclosing information about the patient, the serious communicable disease to which the emergency medical services provider, health care provider, or law enforcement officer was exposed.
(2) Provide for any medically necessary treatment and counseling to the emergency medical services provider, health care provider, or law enforcement officer.
(b) Expenses of testing or treatment and counseling are the responsibility of the emergency medical services provider, health care provider, or the provider's or law enforcement officer's employer.
[Pre-1993 Recodification Citation: 16-1-45-7.]
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.18; P.L.212-2003, SEC.10; P.L.131-2018, SEC.4; P.L.112-2020, SEC.48.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-5. Disclosure of Medical or Epidemiological Information; Penalties

Sec. 5. (a) Except as otherwise provided in this chapter, the medical information referred to in this chapter is confidential, and a person may not disclose or be compelled to disclose medical or epidemiological information referred to in this chapter.
(b) A person responsible for recording, reporting, or maintaining information referred to in this chapter who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiological information classified as confidential under this section commits a Class A misdemeanor.
(c) In addition to the penalty prescribed by subsection (b), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee.
[Pre-1993 Recodification Citation: 16-1-45-8.]
As added by P.L.2-1993, SEC.24. Amended by P.L.212-2003, SEC.11.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-6. Good Faith Reports; Immunity

Sec. 6. A person who makes a report under this chapter in good faith is not subject to liability in a civil, an administrative, a disciplinary, or a criminal action.
[Pre-1993 Recodification Citation: 16-1-45-9.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-7. Violations

Sec. 7. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-8. Rules

Sec. 8. The state department shall adopt rules under IC 4-22-2 to carry out this chapter.
[Pre-1993 Recodification Citation: 16-1-45-10.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-1. Employer

Sec. 1. As used in this chapter, "employer" has the meaning set forth in IC 22-8-1.1-1.
[Pre-1993 Recodification Citation: 16-10-7-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-2. Facility

Sec. 2. As used in this chapter, "facility" means a building where an individual handles blood or other body fluids in the regular course of the individual's employment.
[Pre-1993 Recodification Citation: 16-10-7-2.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-3. Universal Precautions

Sec. 3. As used in this chapter, "universal precautions" means procedures specified by rule adopted by the state department under IC 4-22-2 that are used to prevent the transmission of serious communicable diseases through blood or other body fluids.
[Pre-1993 Recodification Citation: 16-10-7-3.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.49.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-4. Use of Universal Precautions

Sec. 4. An individual who has professional, employment, or volunteer duties that require the individual to have direct contact with blood or body fluids in the scope of the individual's duties must use universal precautions.
[Pre-1993 Recodification Citation: 16-10-7-3.5.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-5. Training and Equipment

Sec. 5. An employer shall provide training and the necessary equipment to each employee and student trainee who has duties that require the employee to have direct contact with blood or body fluids in the scope of the employee's employment. The employer shall comply with the following:
(1) The training must be provided before the individual is given an assignment where contact with blood or body fluids is likely.
(2) The training must include training in the universal precautions and other infection control measures that the state department adopts by rule under IC 4-22-2.
(3) An attendance record must be maintained of an individual's participation in the training that is provided. The record must be made available to the state department for inspection under section 7 of this chapter.
[Pre-1993 Recodification Citation: 16-10-7-4.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-6. Personnel Policy

Sec. 6. An employer who is required to provide training under section 5 of this chapter shall develop a written personnel policy that does the following:
(1) Requires the use of universal precautions when an individual has direct contact with blood or other body fluids.
(2) Provides sanctions, including discipline and dismissal if warranted, for failure to use universal precautions.
[Pre-1993 Recodification Citation: 16-10-7-5.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-7. Inspections; Compliance Orders; Civil Penalties; Reports of Violations

Sec. 7. (a) The state department may designate an agent who, upon presentation of proper credentials, may enter a facility to inspect for possible violations of this chapter or rules adopted under this chapter.
(b) The state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and civil penalty not to exceed one thousand dollars ($1,000) per violation per day against a person who does any of the following:
(1) Fails to comply with this chapter or rules adopted under this chapter.
(2) Interferes with or obstructs the state department or the state department's designated agent in the performance of official duties under this chapter.
(c) The state department may commence an action against a facility under either:
(1) subsection (b); or
(2) the licensure statute for the facility;
if the facility is licensed by the state department. However, the state department may not bring an action arising out of one (1) incident under both statutes.
(d) The state department may report to any other board or agency responsible for licensure, registration, or certification of health care providers, facilities, or other health care workers an individual or facility that is found to be operating in violation of this chapter or rules adopted under this chapter.
[Pre-1993 Recodification Citation: 16-10-7-6.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-8. Complaints

Sec. 8. (a) A person who believes that this chapter or rules adopted under this chapter have been violated may file a complaint with the state department. A complaint must be in writing unless the violation complained of constitutes an emergency. The state department shall reduce an oral complaint to writing. The state department shall maintain the confidentiality of the person who files the complaint.
(b) The state department shall promptly investigate all complaints received under this section.
(c) The state department shall not disclose the name or identifying characteristics of the person who files a complaint under this section unless:
(1) the person consents in writing to the disclosure; or
(2) the investigation results in an administrative or judicial proceeding and disclosure is ordered by the administrative law judge or the court.
(d) The state department shall give a person who files a complaint under this section the opportunity to withdraw the complaint before disclosure.
(e) An employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employer or the ethics commission. However, an employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under any procedure otherwise available to the employee by employment contract, collective bargaining agreement, or, if the employee is an employee of the state, IC 4-15-2.2-42.
(f) The employer of an employee who files a complaint in good faith with the state department under this section may not, solely in retaliation for filing the complaint, do any of the following:
(1) Dismiss the employee.
(2) Withhold salary increases or employment related benefits from the employee.
(3) Transfer or reassign the employee.
(4) Deny a promotion that the employee would have received.
(5) Demote the employee.
[Pre-1993 Recodification Citation: 16-10-7-7.]
As added by P.L.2-1993, SEC.24. Amended by P.L.222-2005, SEC.31; P.L.6-2012, SEC.121.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-9. Rules

Sec. 9. The state department shall adopt rules under IC 4-22-2 to implement this chapter.
[Pre-1993 Recodification Citation: 16-10-7-8.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 11. Communicable Disease: Training in Health Precautions for Communicable Diseases › 16-41-11-10. Expert Review Panels

Sec. 10. (a) This section does not apply to a medical review panel created under IC 34-18-10 (or IC 27-12-10 before its repeal) or a peer review committee (as defined in IC 34-6-2-99).
(b) The state department may authorize by rule expert review panels to provide confidential consultation and advice to health care workers who are:
(1) infected with the human immunodeficiency virus (HIV); or
(2) infected with the hepatitis-B virus (HBV) and are hepatitis-Be antigen (HBeAg) positive.
(c) All proceedings and communications of an authorized expert review panel are confidential and privileged communications.
(d) A member or a member of the staff of an authorized expert review panel is immune from any civil liability for any act, statement, determination, or recommendation made in good faith in the scope of the panel's duties.
As added by P.L.95-1994, SEC.3. Amended by P.L.1-1998, SEC.123.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-1. Autologous Donation

Sec. 1. As used in this chapter, "autologous donation" means the removal and storage of blood from a donor or patient for an intended transfusion to the same donor or patient.
[Pre-1993 Recodification Citation: 16-8-7-1(a).]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.4.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-2. Bank

Sec. 2. As used in this chapter, "bank" has the meaning set forth in IC 29-2-16.1-1.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.147-2007, SEC.5.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-2.5. Blood

Sec. 2.5. (a) As used in this chapter, "blood" means any of the following:
(1) Human blood.
(2) Human blood components.
(3) Human blood derivatives.
(b) The term does not include human cells, tissues, or cellular or tissue-based products (HCT/Ps).
As added by P.L.213-2013, SEC.5.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-3. Blood Center

Sec. 3. As used in this chapter, "blood center" includes a blood bank, a blood storage facility, a plasma center, a hospital, or other facility where blood is collected.
[Pre-1993 Recodification Citation: 16-8-7-1(c).]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.6.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-4. Confirmatory Test

Sec. 4. As used in this chapter, "confirmatory test" means a laboratory test or a series of tests approved by the state department and used in conjunction with a screening test to confirm or refute the results of the screening test for the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV).
[Pre-1993 Recodification Citation: 16-8-7-1(d).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-5. Directed Donation

Sec. 5. As used in this chapter, "directed donation" means a donation of blood collected from an individual on behalf of an intended recipient of the transfusion.
[Pre-1993 Recodification Citation: 16-8-7-1(e).]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.7.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-5.5. Distributed for Use

Sec. 5.5. (a) As used in this chapter, "distributed for use" refers to a blood center releasing or shipping blood for use in a blood inventory intended for or made available for transfusion or injection to a patient.
(b) The term does not include the release or shipment of blood:
(1) to a researcher; or
(2) for further manufacturing;
as approved in writing by the federal Food and Drug Administration.
As added by P.L.213-2013, SEC.8.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-6. Hospital

Sec. 6. As used in this chapter, "hospital" has the meaning set forth in IC 29-2-16.1-1.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.147-2007, SEC.6.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-6.5. Human Cells, Tissues, or Cellular or Tissue-Based Products

Sec. 6.5. As used in this chapter, "human cells, tissues, or cellular or tissue-based products" or "HCT/Ps" has the meaning set forth in 21 CFR 1271.3(d).
As added by P.L.213-2013, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-7. Physician

Sec. 7. As used in this chapter, "physician" has the meaning set forth in IC 29-2-16.1-1.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.147-2007, SEC.7.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-8. Screening Test

Sec. 8. As used in this chapter, "screening test" means a laboratory screening test or a series of tests approved by the federal Food and Drug Administration and required by the state department to be performed on blood collected under this chapter, including the following:
(1) Tests for antibodies to the human immunodeficiency virus (HIV).
(2) Other tests determined by the state department.
[Pre-1993 Recodification Citation: 16-8-7-1(f).]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.10.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-9. Storage Facility

Sec. 9. As used in this chapter, "storage facility" has the meaning set forth in IC 29-2-16.1-1.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.147-2007, SEC.8.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-10. Surgeon

Sec. 10. As used in this chapter, "surgeon" has the meaning set forth in IC 29-2-16.1-1.
[Pre-1993 Recodification Citation: 16-8-7-1(b) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.147-2007, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-11. Implied Warranties; Strict Liability; Screening Tests; Specification of Blood Use; Distributions by Foreign Blood Centers

Sec. 11. (a) The:
(1) procurement, processing, distribution, or use of:
(A) blood;
(B) plasma;
(C) human cells, tissues, or cellular or tissue-based products; or
(D) other human tissue, such as corneas, bones, or organs;
by a bank, storage facility, or hospital; and
(2) injection, transfusion, or transplantation of any of the human tissue listed in subdivision (1) into the human body by a hospital, physician, or surgeon, whether or not any remuneration is paid;
is the rendition of a service and not the sale of a product. Such services do not give rise to an implied warranty of merchantability or fitness for a particular purpose, nor do the services give rise to strict liability in tort.
(b) A hospital, physician, or other person is not required to perform another screening test on blood or plasma that:
(1) is provided by a blood center if the blood or plasma is labeled indicating that the blood or plasma has been tested as required under section 13(b) of this chapter; or
(2) is provided by a blood center under section 13(j) of this chapter and is labeled as required by 21 CFR 606.121(h).
(c) An autologous blood donor may specify that the donor's blood must be used for the donor. Blood that is donated under this section must be tested for the human immunodeficiency virus (HIV). The blood center shall reserve the donor's blood for the purposes specified by the donor and shall label the blood accordingly.
(d) A directed blood donor may specify that the donor's blood is to be used for another person. The blood center shall consider the medical suitability and the wishes of the donor and recipient in making final distribution of the blood.
(e) The blood center is subject to penalties under this chapter if the blood center knowingly fails to reserve the blood for the purposes specified by the recipient under this section or if the blood center fails to comply with subsections (c) through (d).
(f) A blood center located outside Indiana may not distribute:
(1) blood; or
(2) plasma;
in Indiana unless the blood center has certified to the state department that the blood has undergone a screening test as required under this chapter.
[Pre-1993 Recodification Citation: 16-8-7-2.]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.11.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-12. Rules

Sec. 12. The state department shall adopt rules under IC 4-22-2 to carry out the purposes of this chapter. In formulating the rules, the state department shall consider:
(1) present medical and scientific practices in the field;
(2) rules and regulations of the federal Food and Drug Administration; and
(3) any other procedure that should be followed to reasonably ensure the safety of the donor and recipient of blood.
[Pre-1993 Recodification Citation: 16-8-7-3.]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.12.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-14. Confidentiality of Information; Violations

Sec. 14. (a) A person may not disclose or be compelled to disclose information collected under this chapter or under rules adopted under this chapter. This information may not be released or made public upon subpoena or otherwise, except under the following circumstances:
(1) For statistical purposes if done in a manner that does not identify any individual.
(2) With the written consent of all individuals identified in the information released.
(3) To the extent necessary to enforce public health laws or to protect the health or life of a named person.
(b) Except as provided in subsection (a), a person responsible for recording, reporting, or maintaining information required to be reported under this chapter who recklessly, knowingly, or intentionally discloses or fails to protect information classified as confidential under this section commits a Class A misdemeanor.
(c) In addition to subsection (b), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee.
[Pre-1993 Recodification Citation: 16-8-7-5.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-15. Donor Information; Informed Consent

Sec. 15. (a) A blood center shall require a blood donor to provide to the blood center the following information:
(1) Name.
(2) Address.
(3) Date of birth.
(4) The blood donor's Social Security number, if the blood donor is receiving monetary compensation for the donation.
(b) A blood center shall report the name and address of a blood donor to the state department when a confirmatory test of the blood donor's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
(c) A blood center shall provide to a blood donor information to enable the blood donor to give informed consent to the procedures required by this chapter or IC 16-36. The information required by this subsection must be in the following form:
NOTICE
(1) This blood center performs a screening test for the human immunodeficiency virus (HIV) on every donor's blood.
(2) This blood center reports to the Indiana Department of Health the name and address of a blood donor when a confirmatory test of the blood donor's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV).
(3) A person who recklessly, knowingly, or intentionally donates (excluding self-donations for stem cell transplantation, other autologous donations, or donations not intended by the blood center for distribution or use), sells, or transfers blood that contains antibodies for the human immunodeficiency virus (HIV) commits a criminal offense as described in IC 35-45-21-1.
[Pre-1993 Recodification Citation: 16-8-7-6.]
As added by P.L.2-1993, SEC.24. Amended by P.L.59-2012, SEC.2; P.L.213-2013, SEC.14; P.L.158-2013, SEC.243; P.L.168-2014, SEC.31; P.L.133-2020, SEC.1; P.L.56-2023, SEC.159.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-16. Blood Center Licensing; Inspections

Sec. 16. (a) It is unlawful to operate a blood center in Indiana without a license issued by the state department under this chapter. A blood center that applies for a license in Indiana must also be licensed or appropriately registered by the federal Food and Drug Administration and remain in compliance with all applicable federal regulations.
(b) An application for a license must be made on a form prescribed by the state department and must be accompanied by a license fee established by the state department.
(c) After inspection of an applicant's facility, if the state department finds that the applicant has complied with this chapter and the rules adopted under this chapter, the state department shall issue a license to the applicant.
(d) A license expires one (1) year after the date of issuance unless the license is renewed. A blood center may submit a renewal application on a form prescribed by the state department. The procedure and conditions for renewal are the same as the procedure and conditions established for the issuance of the original license.
(e) A person who inspects an applicant's facility under this section must have knowledge in blood banking and the nationally accepted standards of practice.
(f) For the purposes of this chapter, a hospital licensed under IC 16-21-2 that operates a blood center within the facility is subject to the rules adopted under this chapter concerning the operation of the blood center. However, the hospital may be licensed only under IC 16-21-2 and shall be surveyed concurrently, for licensure purposes, as a blood center and a hospital.
[Pre-1993 Recodification Citation: 16-8-7-7.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-17. Rules

Sec. 17. The state department may adopt rules under IC 4-22-2, after considering the guidelines of the federal Food and Drug Administration, for the minimum standards and specific requirements for operation of a blood center, including the following:
(1) Physical facilities, including refrigeration, lighting, construction, and equipment of the blood center to ensure the operation of the blood center in a manner that protects the public health.
(2) Testing procedures for communicable diseases transmitted by blood.
(3) Standards for collection, processing, storage, distribution, and proper conduct of the blood transfusion service of blood.
(4) Identification and screening of donors.
(5) Qualifications for medical and laboratory personnel employed in a blood center.
(6) Restrictions on the use of blood and plasma donations.
(7) System of identifying the donor of the blood at all times, including after the blood has been administered to the recipient.
(8) Establishment of a system for determining the inventory level of blood in all blood centers and the coordination of the distribution of blood.
(9) Proficiency testing.
(10) All sanitary conditions within the blood center and the blood center's surroundings needed to protect the public and the employees.
(11) A quality assurance program.
[Pre-1993 Recodification Citation: 16-8-7-8.]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.15.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-18. Blood Shortage Emergencies

Sec. 18. (a) This section does not apply to a blood center when the blood center declares a blood shortage emergency for a specific or unusual blood type for a specific patient.
(b) A blood center must have written criteria for a blood shortage emergency before the blood center may declare a blood shortage emergency. The criteria required under this section must be based on quantitative factors within the geographic region served by the blood center.
(c) A blood center must file the written criteria required under this section with the state department.
(d) Unless an emergency is declared by another regional blood center, a blood center may not declare a blood shortage emergency for the sole purpose of selling or transferring blood to another center.
(e) Whenever a blood center declares a blood shortage emergency, the blood center shall notify the state department and affirm that a blood shortage emergency exists.
[Pre-1993 Recodification Citation: 16-8-7-9.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-19. Transfusion Records; Financial Information; Proficiency Demonstrations; Operation Reports

Sec. 19. (a) A health care provider that administers blood transfusions shall keep a record of the following:
(1) Blood center that furnished the blood.
(2) Unit number assigned to the blood.
The record must be made available to the state department for inspection.
(b) The state department may require a blood center to submit financial information on allegations of financial impropriety involving the blood supply.
(c) The state department may require the demonstration of proficiency in the performance of the tests offered by the blood center.
(d) The state department may require the owner and director of a blood center to submit reports under oath that contain information and data concerning the technical operation of the blood center.
[Pre-1993 Recodification Citation: 16-8-7-10.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-20. Blood Center Supervision; Medical Directors

Sec. 20. (a) Except as provided in subsection (c), a responsible head (as defined in 21 CFR 600.10(a)) shall supervise the operations of a blood center.
(b) Except as provided in subsection (d), each blood center must employ a medical director who is a licensed physician and who:
(1) is certified or eligible for certification in:
(A) clinical pathology; or
(B) the operation of a blood bank;
by the American Board of Pathology; or
(2) has:
(A) received a minimum of one (1) year of specialized training in blood banking; or
(B) equivalent experience and training.
(c) The medical director shall supervise and is responsible for the following:
(1) The proper performance of all medical procedures in the blood center.
(2) The continuous application of quality assurance procedures in the blood center.
(d) A blood center collecting blood exclusively for further manufacturing or research purposes under programs subject to and licensed by the federal Food and Drug Administration must employ a medical director who is a licensed physician to supervise the donor screening process. A blood center that utilizes blood for a purpose other than manufacturing or research under this subsection is subject to the penalties described in section 21 of this chapter.
[Pre-1993 Recodification Citation: 16-8-7-11.]
As added by P.L.2-1993, SEC.24. Amended by P.L.213-2013, SEC.16.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 12. Communicable Disease: Precautionary Measures for Use of Human Tissues and Blood Products; Regulation of Blood Centers › 16-41-12-21. Inspections; Violations

Sec. 21. (a) The state department may designate an agent who may, upon presentation of proper credentials, enter a facility to inspect for possible violations of this chapter or rules adopted under this chapter.
(b) The state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and civil penalty not to exceed ten thousand dollars ($10,000) per violation per day against a person who:
(1) fails to comply with this chapter or rules adopted under this chapter; or
(2) interferes with or obstructs the state department or the state department's designated agent in the performance of official duties under this chapter.
(c) The state department may commence an action to suspend or revoke a blood center's license under IC 4-21.5-3-8 or IC 4-21.5-4 if the licensee has done any of the following:
(1) Made false statements concerning material information on the license application or any other document required by the state department.
(2) Permitted unauthorized persons to perform medical or technical procedures (as defined by the state department by rule adopted under this chapter) when a licensed physician licensed to practice medicine in Indiana is not available for consultation.
(3) Demonstrated incompetence in the performance of any procedure.
(4) Performed a procedure for which approval was not granted.
(5) Operated the center in a manner considered hazardous to public health.
(6) Violated this chapter or rules adopted under this chapter.
(d) The state department may report to any other board or agency responsible for licensure, registration, or certification of health care providers, facilities, or other health care workers an individual or facility that is found to be operating in violation of this chapter or rules adopted under this chapter.
[Pre-1993 Recodification Citation: 16-8-7-12.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 13. Communicable Disease: Body Fluid Precautions With Respect to Handling of Dead Bodies › 16-41-13-1. Notice Requirement

Sec. 1. (a) The attending physician or health care provider shall prepare and attach to the body of a deceased individual a conspicuous notice with the statement: "Observe Body Fluid Precautions" whenever the physician or provider knows that at least one (1) of the following disease processes was present in the deceased at the time of death:
(1) Hepatitis (Types B and C).
(2) Human immunodeficiency virus (HIV) infection.
(3) Tuberculosis.
(4) Herpes.
(5) Gonorrhea.
(6) Syphilis (primary and secondary).
(7) Burkett's lymphoma.
(8) Kaposi's sarcoma.
(9) Arthropod-borne viral diseases.
(10) Babesiosis.
(11) Creutzfeldt-Jakob disease.
(12) Leptospirosis.
(13) Malaria.
(14) Rat-bite fever.
(15) Relapsing fever.
(16) Y. Pestis.
(17) Hemorrhagic fevers.
(18) Rabies.
(19) Any other communicable disease (as defined in IC 16-41-2).
(b) The notice required in this chapter must accompany the body when the body is picked up for disposition.
[Pre-1993 Recodification Citation: 16-1-9.5-9(a), (b).]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.50.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 13. Communicable Disease: Body Fluid Precautions With Respect to Handling of Dead Bodies › 16-41-13-2. Presentation of Notice

Sec. 2. A person who:
(1) picks up or transports a body for disposition; and
(2) has received notice of a communicable disease under this chapter;
shall present the notice described in section 1 of this chapter to the embalmer, funeral director, or other person taking possession of the body.
[Pre-1993 Recodification Citation: 16-1-9.5-9(c).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 13. Communicable Disease: Body Fluid Precautions With Respect to Handling of Dead Bodies › 16-41-13-3. Confidentiality of Information

Sec. 3. (a) Information regarding a deceased individual's communicable disease contained in the notice required by this chapter shall be kept confidential by the attending physician, health care provider, funeral director, or other person in possession of the body. Such information may be disclosed only if the information is required by state or federal law or under a court order based on circumstances described in IC 16-41-8-1.
(b) An attending physician, health care provider, or other person in possession of the body who discloses information in violation of this chapter commits a Class A misdemeanor.
[Pre-1993 Recodification Citation: 16-1-9.5-9(d).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 13. Communicable Disease: Body Fluid Precautions With Respect to Handling of Dead Bodies › 16-41-13-4. Refusal or Failure to Give Notice; Penalty

Sec. 4. A person who knowingly refuses or fails to give notice under section 1 of this chapter to persons disposing of a body that the deceased individual was known to have been diagnosed as having a communicable disease listed in section 1 of this chapter commits a Class C misdemeanor.
[Pre-1993 Recodification Citation: 16-1-9.5-9(e).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 13. Communicable Disease: Body Fluid Precautions With Respect to Handling of Dead Bodies › 16-41-13-5. Use of Universal Precautions

Sec. 5. The provisions of IC 16-41-11 requiring the use of universal precautions apply to embalmers, funeral directors, and other persons who take possession of or handle a body.
[Pre-1993 Recodification Citation: 16-1-9.5-9(f).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 13. Communicable Disease: Body Fluid Precautions With Respect to Handling of Dead Bodies › 16-41-13-6. Violations

Sec. 6. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-0.2. Application of Certain Amendments to Prior Law

Sec. 0.2. P.L.184-1989 does not apply to semen donations that are provided to a practitioner (as defined in IC 16-8-7.5-5, before its repeal, now codified at section 4 of this chapter and at IC 16-18-2-288) before July 1, 1989.
As added by P.L.220-2011, SEC.321.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-1. Application of Chapter to Husbands

Sec. 1. This chapter does not apply to a donor who is the husband of the recipient.
[Pre-1993 Recodification Citation: 16-8-7.5-5.5.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-2. Artificial Insemination

Sec. 2. As used in this chapter, "artificial insemination" means the introduction of semen into the vagina or cervix of a woman by means other than through the act of coitus.
[Pre-1993 Recodification Citation: 16-8-7.5-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-3. Donor Insemination

Sec. 3. As used in this chapter, "donor insemination" means artificial insemination by a donor.
[Pre-1993 Recodification Citation: 16-8-7.5-3.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-4. Practitioner

Sec. 4. As used in this chapter, "practitioner" means a person who:
(1) performs donor insemination; or
(2) receives, processes, or stores semen intended for donor insemination.
[Pre-1993 Recodification Citation: 16-8-7.5-5.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-5. Disease Testing; Reports; Pretesting Donation

Sec. 5. (a) Except as provided in subsection (e) and section 7 of this chapter, a practitioner shall test each donor of semen for the following diseases before the donor provides a donation:
(1) Syphilis.
(2) Hepatitis B surface antigen and core antibody.
(3) HIV antibody.
(b) Except as provided in section 7 of this chapter, a practitioner shall test each recipient initially and at least annually as long as artificial insemination procedures are continuing for the following diseases:
(1) Syphilis.
(2) Hepatitis B surface antigen.
(3) HIV antibody.
(c) A practitioner shall perform or arrange for a confirmatory test for HIV antibody if the initial screening test for HIV antibody yields positive results.
(d) The practitioner shall report the information required under IC 16-41-2 when a test performed under subsection (c) confirms the presence of a disease required to be reported to the state department.
(e) If a practitioner states in writing that a person has a disease or will soon undergo medical treatment that may damage the person's:
(1) ability to donate semen; or
(2) semen;
the practitioner shall allow the person to donate semen before performing the tests required under subsection (a).
[Pre-1993 Recodification Citation: 16-8-7.5-6.]
As added by P.L.2-1993, SEC.24. Amended by P.L.255-1996, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-6. Testing Rules

Sec. 6. The state department shall adopt rules under IC 4-22-2 to provide for testing for communicable and sexually transmitted diseases under this chapter, including the identification of the diseases to be tested and the type of test to be used.
[Pre-1993 Recodification Citation: 16-8-7.5-6.5.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 14. Communicable Disease: Testing of Semen Used in Artificial Insemination for Communicable and Sexually Transmitted Diseases › 16-41-14-7. Use of Semen; Conditions; HIV Testing

Sec. 7. (a) Except as provided in subsection (b), a practitioner may not use a donation of semen until the following conditions are met:
(1) The specimen has been frozen and quarantined for at least one hundred eighty (180) days.
(2) The donor is retested after one hundred eighty (180) days for the HIV antibody.
(b) If the recipient indicates that the donor is in a mutually monogamous relationship with the recipient, the practitioner:
(1) shall perform the HIV test required under this chapter for the donor at least annually as long as artificial insemination procedures are continuing; and
(2) may not perform artificial insemination unless the tests for HIV antibody performed under this chapter produce negative results.
[Pre-1993 Recodification Citation: 16-8-7.5-7.]
As added by P.L.2-1993, SEC.24.