reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-29. Radiation Machines; Operation; Licenses; Inspection; Penalty

Sec. 29. (a) The state department shall adopt rules under IC 4-22-2 to regulate who may operate a radiation machine and what level of training and experience the operator must have. Rules adopted by the state department must exempt from testing to establish initial qualifications an individual who:
(1) holds a valid certificate issued by; and
(2) is currently registered with;
the American Registry of Radiologic Technologists.
(b) The state department may by rule exempt an individual who:
(1) is currently licensed in another state as a radiologic technologist; or
(2) performs the function of a radiologic technologist in another state that does not require the licensure of a radiologic technologist;
from testing to establish initial qualifications.
(c) The state department shall issue a license to an individual meeting the requirements of the rules adopted under subsection (a) for a radiologic technologist upon the payment to the state department of a sixty dollar ($60) fee and the cost of testing to establish initial qualifications. The license is valid for twenty-four (24) months. The state department shall establish a fee for the renewal or duplication of a license issued under this section not to exceed sixty dollars ($60). In addition to the renewal fee, a penalty fee of sixty dollars ($60) shall be imposed by the state department for processing an application for license renewal received after the expiration of the previous license. The state department may waive the penalty fee for a showing of good cause.
(d) An individual who applies for a license issued under subsection (c) or who holds a license issued under subsection (c) shall provide the individual's Social Security number to the state department.
(e) The state department shall collect and release the applicant's or licensee's Social Security number as provided in state or federal law.
(f) Notwithstanding IC 4-1-10-3, the state department may allow access to the Social Security number of each person who is licensed under this section or has applied for a license under this section to:
(1) a testing service that provides the examination for licensure as a radiologic technologist to the state department; or
(2) an individual state regulatory board of radiologic technology or an organization composed of state regulatory boards of radiologic technology for the purpose of coordinating licensure and disciplinary activities among the individual states.
(g) Every owner of a radiation machine, including an industrial radiation machine, shall have the machine inspected in accordance with procedures and standards established by the state department. The state department shall adopt rules under IC 4-22-2 establishing the procedures and standards applicable to inspections of radiation machines.
[Pre-1993 Recodification Citation: 13-1-2-11(b), (c), (d).]
As added by P.L.2-1993, SEC.24. Amended by P.L.104-2003, SEC.6; P.L.168-2003, SEC.3; P.L.157-2006, SEC.5.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-30. Mammography Rules

Sec. 30. The state department shall adopt rules under IC 4-22-2 concerning screening mammographies.
[Pre-1993 Recodification Citation: 13-1-2-11(e).]
As added by P.L.2-1993, SEC.24. Amended by P.L.87-1994, SEC.11.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-31. Design and Shielding Plans and Specifications

Sec. 31. The state department may require the submission of plans and specifications on the design and shielding for radiation sources for the purpose of determining possible radiation hazards.
[Pre-1993 Recodification Citation: 13-1-2-12.]
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 35. Radiation: Radiation Control › 16-41-35-32. Radiation Hazard and Protection Knowledge Acquisition and Dissemination

Sec. 32. The state department shall provide facilities and personnel for inspection, investigation, and dissemination of knowledge concerning radiation hazards and protection.
[Pre-1993 Recodification Citation: 13-1-2-13.]
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 35. Radiation: Radiation Control › 16-41-35-33. Prohibition Against Nonconforming Production, Use, Storage, Sale, or Disposal

Sec. 33. A person may not produce radiation or produce, use, store, sell, or otherwise dispose of radioactive materials, radiation machines, or electronic products, except in accordance with this chapter and rules adopted under this chapter or IC 10-19.
[Pre-1993 Recodification Citation: 13-1-2-14.]
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.23.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-34. Footwear Fitting Devices Using Radiation Prohibited

Sec. 34. A person may not operate or maintain in Indiana a fitting device or machine that uses fluoroscopic, x-ray, or radiation principles for the purpose of fitting or selling footwear through commercial outlets.
[Pre-1993 Recodification Citation: 13-1-2-15.]
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 35. Radiation: Radiation Control › 16-41-35-35. Authorized Exposure to Radiation

Sec. 35. This chapter does not limit intentional exposure of persons to radiation for the purpose of diagnosis, therapy, and medical or dental research as authorized by law.
[Pre-1993 Recodification Citation: 13-1-2-16.]
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 35. Radiation: Radiation Control › 16-41-35-36. Cooperation of State Health Department With Other Entities; Acceptance and Administration of Funds

Sec. 36. The state department shall advise, consult, and cooperate with other state agencies, the federal government, other states, interstate agencies, and affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter. The state department may accept and administer grants or other funds or gifts from the federal government and from other sources, public or private, for carrying out functions under this chapter.
[Pre-1993 Recodification Citation: 13-1-2-17.]
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 35. Radiation: Radiation Control › 16-41-35-37. Approval of Local Ordinances and Resolutions

Sec. 37. An ordinance or a resolution concerning unnecessary radiation adopted by a municipality, county, or local board of health is not effective until a certified copy of the ordinance or a resolution has been submitted to the state department and approved by the state health commissioner. An ordinance or a resolution may not be approved unless the ordinance or resolution is consistent with this chapter or a rule adopted under this chapter.
[Pre-1993 Recodification Citation: 13-1-2-18.]
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 35. Radiation: Radiation Control › 16-41-35-38. Application of Laws

Sec. 38. The powers, duties, and functions of the state department under this chapter do not affect the powers, duties, and functions of the state department or the environmental rules board under any other law.
[Pre-1993 Recodification Citation: 13-1-2-19.]
As added by P.L.2-1993, SEC.24. Amended by P.L.113-2014, SEC.110.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-39. Repealed

[Pre-1993 Recodification Citation: 13-1-2-23.]
As added by P.L.2-1993, SEC.24. Repealed by P.L.29-2014, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-40. Violations

Sec. 40. A person who:
(1) produces radiation; or
(2) produces, uses, stores, sells, or otherwise disposes of radiation machines or electronic products;
in violation of this chapter commits a Class B misdemeanor. Each day a violation continues, after notification in writing of the offense by the state department, constitutes a separate offense.
[Pre-1993 Recodification Citation: 13-1-2-20.]
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.25.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 35. Radiation: Radiation Control › 16-41-35-41. Enforcement

Sec. 41. The state department may bring an action at law or in equity to enforce this chapter, and the court in the action has jurisdiction to compel or enforce this chapter by injunction. The action shall be brought in the name of the state.
[Pre-1993 Recodification Citation: 13-1-2-21.]
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 35. Radiation: Radiation Control › 16-41-35-42. Civil Penalties and Orders of Compliance

Sec. 42. (a) In addition to other penalties provided under this chapter, the state department shall adopt rules under IC 4-22-2 that establish a schedule of civil penalties that may be levied upon a person for the violation of this chapter.
(b) A penalty included in the schedule of civil penalties adopted under this chapter may not exceed one thousand dollars ($1,000) for each violation per day.
(c) The state department may issue an order of compliance, impose a civil penalty included in the schedule of civil penalties adopted under subsection (a), or both, against a person who:
(1) fails to comply with this chapter or a rule adopted under this chapter; or
(2) interferes with or obstructs the state department or the department's designated agent in the performance of duties under this chapter.
(d) An order of compliance may be issued under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be consolidated with any other proceeding commenced to enforce this chapter or a rule adopted under this chapter.
[Pre-1993 Recodification Citation: 13-1-2-21.5.]
As added by P.L.2-1993, SEC.24. Amended by P.L.29-2014, SEC.26.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 36. Repealed

[Pre-1993 Recodification Citations:
16-41-36-1formerly 16-1-47-116-41-36-2formerly 16-1-47-316-41-36-3formerly 16-1-47-416-41-36-4formerly 16-1-47-516-41-36-5formerly 16-1-47-616-41-36-6formerly 16-1-47-716-41-36-7formerly 16-1-47-816-41-36-8formerly 16-1-47-916-41-36-9formerly 16-1-47-1016-41-36-10formerly 16-1-47-1116-41-36-11formerly 16-1-47-1216-41-36-12formerly 16-1-47-1316-41-36-13formerly 16-1-47-1416-41-36-14formerly 16-1-47-1516-41-36-15formerly 16-1-47-1616-41-36-16formerly 16-1-47-1716-41-36-17formerly 16-1-47-1816-41-36-18formerly 16-1-47-1916-41-36-19formerly 16-1-47-2316-41-36-20formerly 16-1-47-2016-41-36-21formerly 16-1-47-2116-41-36-22formerly 16-1-47-2216-41-36-23formerly 16-1-35-1.]
Repealed by P.L.142-1995, SEC.32.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37. Repealed

[Pre-1993 Recodification Citations:
16-41-37-1formerly 13-1-13-116-41-37-2formerly 13-1-13-216-41-37-3formerly 13-1-13-316-41-37-4formerly 13-1-13-416-41-37-5formerly 13-1-13-516-41-37-6formerly 13-1-13-616-41-37-7formerly 13-1-13-716-41-37-8formerly 13-1-13-816-41-37-9formerly 13-1-13-9.]
Repealed by P.L.141-2012, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-0.3. "Nonpublic School"

Sec. 0.3. As used in this chapter, "nonpublic school" has the meaning set forth in IC 20-18-2-12.
As added by P.L.79-2008, SEC.7.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-0.5. "Public School"

Sec. 0.5. As used in this chapter, "public school" has the meaning set forth in IC 20-18-2-15(1).
As added by P.L.79-2008, SEC.8.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-1. "School"

Sec. 1. As used in this chapter, "school" refers to a:
(1) public school; or
(2) nonpublic school that is not located in a private home.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-33-1.]
As added by P.L.1-2005, SEC.33.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-1.3. "State Agency"

Sec. 1.3. As used in this chapter, "state agency" has the meaning set forth in IC 4-13-1-1(b).
As added by P.L.79-2008, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-2. Indoor Air Quality Inspection and Evaluation Program; Functions of State Department

Sec. 2. (a) The state department shall before July 1, 2010:
(1) adopt rules under IC 4-22-2 to establish an indoor air quality inspection, evaluation, and employee notification program to assist state agencies in improving indoor air quality; and
(2) amend 410 IAC 6-5.1 or adopt new rules under IC 4-22-2 to do the following:
(A) Establish an indoor air quality inspection, evaluation, and parent and employee notification program to assist schools in improving indoor air quality.
(B) Establish best practices to assure healthful indoor air quality in schools.
(b) Subject to subsection (c), the state department shall:
(1) inspect a school or state agency if the state department receives a complaint about the quality of air in the school or state agency;
(2) prepare a report, which may be in letter form, that:
(A) describes the state department's inspection findings;
(B) identifies any conditions that are contributing or could contribute to poor indoor air quality at the school or state agency, including:
(i) carbon dioxide levels;
(ii) humidity;
(iii) evidence of mold or water damage; and
(iv) excess dust;
(C) provides guidance on steps the school or state agency should take to address any issues; and
(D) requests a response from the school or state agency not later than sixty (60) days after the date of the report;
(3) report the results of the inspection to:
(A) the person who complained about the quality of air;
(B) the school's principal or the state agency head;
(C) the superintendent of the school corporation, if the school is part of a school corporation;
(D) the Indiana state board of education, if the school is a public school or a state accredited nonpublic school (as defined in IC 20-18-2-18.7);
(E) the Indiana department of administration, if the inspected entity is a state agency; and
(F) the appropriate local or county board of health; and
(4) assist the school or state agency in developing a reasonable plan to improve air quality conditions found in the inspection.
(c) A complaint referred to in subsection (b)(1):
(1) must be in writing; and
(2) may be made by electronic mail.
(d) The state department may release the name of a person who files a complaint referred to in subsection (b)(1) only if the person has authorized the release in writing.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-33-2.]
As added by P.L.1-2005, SEC.33. Amended by P.L.79-2008, SEC.10; P.L.132-2009, SEC.1; P.L.168-2009, SEC.4; P.L.92-2020, SEC.10.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-2.5. Manual of Best Practices for Indoor Air Quality at Schools

Sec. 2.5. (a) Before July 31, 2019, the state department shall distribute a manual of best practices for managing indoor air quality at schools as described in this section. The state department may use a manual on indoor air quality in schools developed by a federal health or environmental agency or another state and make additions or revisions to the manual to make the manual most useful to Indiana schools. The manual must include recommendations for radon testing. The state department shall provide the manual:
(1) to:
(A) the legislative council; and
(B) the department of education;
in an electronic format under IC 5-14-6; and
(2) to the facilities manager and superintendent of each school corporation and the chief administrative officer of each state accredited nonpublic school (as defined in IC 20-18-2-18.7).
(b) At least once every three (3) years the state department shall:
(1) review and revise the manual developed under subsection (a) to assure that the manual continues to represent best practices available to schools; and
(2) distribute the manual to individuals listed in subsection (a)(2).
As added by P.L.132-2009, SEC.2; P.L.168-2009, SEC.5. Amended by P.L.133-2012, SEC.183; P.L.21-2019, SEC.1; P.L.92-2020, SEC.11; P.L.156-2020, SEC.72.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-3. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-33-3.]
As added by P.L.1-2005, SEC.33. Amended by P.L.79-2008, SEC.11; P.L.132-2009, SEC.3; P.L.168-2009, SEC.6. Repealed by P.L.133-2012, SEC.184.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-4. Qualifications of Individual Conducting Indoor Air Quality Test; Certification of Test

Sec. 4. (a) An individual conducting an indoor air quality test under this chapter must be:
(1) a professional engineer (as defined in IC 25-31-1-2);
(2) an industrial hygienist; or
(3) a supervisor or technician certified by a national organization that:
(A) writes and adheres to standards for:
(i) testing, adjusting, and balancing of heating, ventilation, and air conditioning equipment or exhaust systems; and
(ii) indoor air quality testing procedures and requirements; and
(B) certifies supervisors and technicians to perform:
(i) testing, adjusting, and balancing of heating, ventilation, and air conditioning equipment or exhaust systems; and
(ii) indoor air quality testing procedures and requirements.
(b) The report of a test conducted under this chapter must be certified by the person conducting the test. If the person uses a professional seal on documents, the certification must include the person's seal.
As added by P.L.79-2008, SEC.12.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 37.5. Indoor Air Quality in Schools › 16-41-37.5-5. State Department Considerations in Amending School Building and Site Rules

Sec. 5. After June 30, 2009, if the department amends 410 IAC 6-5.1 concerning school buildings and school sites, the department shall consider the effects of outdoor air quality when establishing criteria for school siting.
As added by P.L.132-2009, SEC.4; P.L.168-2009, SEC.7.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-1. "Radon Gas" Defined

Sec. 1. As used in this chapter, "radon gas" means the radioactive gas and related decay products produced by the disintegration of the element radium.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-1 part.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-2. Rules

Sec. 2. The state department shall adopt rules under IC 4-22-2 to establish and operate programs for the certification of a person engaged in:
(1) testing for radon gas in buildings or on areas of land; or
(2) abatement of radon gas in buildings.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-3.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-3. Duties of State Department

Sec. 3. The state department shall, in the rules adopted under this chapter:
(1) require training and education as a precondition to certification;
(2) require continuing education and biennial reexamination to maintain certification;
(3) establish fees that are not more than necessary to recover the cost of administering this chapter;
(4) collect and disseminate information relating to radon gas; and
(5) conduct research on radon gas testing and mitigation.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-4.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-4. Use of Relevant Standards and Requirements

Sec. 4. In establishing standards and requirements under this chapter, the state department shall use any relevant standards or requirements concerning radon gas established by the United States Environmental Protection Agency.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-5.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-5. Exempted Individuals; Certification Requirement

Sec. 5. (a) This section does not apply to an individual who is testing for radon gas or engaged in the abatement of radon gas if the individual is:
(1) performing the testing or abatement in a building the individual owns;
(2) performing the testing on an area of land the individual owns; or
(3) conducting scientific research on radon gas testing or abatement in a building or on an area of land and the owner of the building or area of land is not charged for the testing or abatement.
(b) An individual may not engage or profess to engage in:
(1) testing for radon gas; or
(2) abatement of radon gas;
unless the individual is certified under this chapter.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-6.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-6. Denial, Suspension, or Revocation of Certificate

Sec. 6. The state department may under IC 4-21.5:
(1) deny;
(2) suspend; or
(3) revoke;
a certificate issued under this chapter or IC 13-1-14 (before its repeal).
[Pre-1996 Title 13 Recodification Citation: 13-1-14-7.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-7. Certification Without Examination

Sec. 7. An individual accredited in another state to perform testing for or abatement of radon gas may be certified under this chapter without passing an examination if:
(1) the state in which the individual is accredited maintains an accreditation program substantially similar to the certification program under this chapter; and
(2) the individual pays a fee.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-8.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-8. Radon Gas Trust Fund

Sec. 8. (a) The radon gas trust fund is established to provide a source of money for the purposes described in this chapter.
(b) The expenses of administering this chapter shall be paid from money in the fund.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) The sources of money for the fund are the following:
(1) Fees collected under this chapter.
(2) Appropriations made by the general assembly.
(3) Gifts and donations intended for deposit in the fund.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-9.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-9. Violations; Civil Penalty

Sec. 9. In addition to the penalties set out in this chapter, the state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of a compliance order to impose a civil penalty not to exceed one thousand dollars ($1,000) for each violation, each day, against a person who:
(1) fails to comply with this chapter or a rule adopted under this chapter; or
(2) interferes with or obstructs the state department or a designated agent of the state department in the performance of official duties under this chapter.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-10.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 38. Radon Gas › 16-41-38-10. Violations; Offense

Sec. 10. An individual who violates:
(1) this chapter; or
(2) a rule adopted under this chapter;
commits a Class A misdemeanor.
[Pre-1996 Title 13 Recodification Citation: 13-1-14-11.]
As added by P.L.1-1996, SEC.76.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39. Tobacco Sale Regulation › 16-41-39-1. General Assembly Having Exclusive Regulatory Power

Sec. 1. Regulation of the sale, distribution, or display of tobacco products may only be authorized by the general assembly.
As added by P.L.256-1996, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39. Tobacco Sale Regulation › 16-41-39-2. Local Ordinances, Bylaws, and Rules Void

Sec. 2. An ordinance, a bylaw, or a rule of:
(1) a county;
(2) a city;
(3) a township;
(4) a department, a board, or an agency of a:
(A) county;
(B) city; or
(C) township; or
(5) any other political subdivision or agency of the state;
concerning matters listed in section 1 of this chapter is void, regardless of when enacted.
As added by P.L.256-1996, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39. Tobacco Sale Regulation › 16-41-39-3. Local Restrictions on Transient Merchants

Sec. 3. Notwithstanding section 1 of this chapter, this chapter does not prohibit a political subdivision from adopting limitations on the locations at which a transient merchant licensed under IC 25-37-1-3 may conduct business within the jurisdiction of the political subdivision.
As added by P.L.256-1996, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-1. Rules

Sec. 1. (a) The state department may adopt rules under IC 4-22-2 to implement this chapter.
(b) The state department shall adopt rules under IC 4-22-2 for the case management of a child with lead poisoning.
As added by P.L.123-1997, SEC.12. Amended by P.L.99-2002, SEC.8; P.L.135-2005, SEC.3.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-2. Powers of State Department

Sec. 2. (a) The state department may do the following:
(1) Determine the magnitude of lead poisoning in Indiana's residents.
(2) Provide consultation and education to a medical provider network that screens for lead poisoning throughout Indiana.
(3) Receive and analyze blood samples or assist regional lab sites to receive and analyze blood samples for lead poisoning.
(4) Develop and maintain a data base of unduplicated children with lead poisoning.
(5) Provide consultation to local health departments regarding medical case follow-up and environmental inspections connected to reducing the incidence of lead poisoning.
(6) Coordinate lead exposure detection activities with local health departments.
(7) Coordinate with social service organizations for outreach programs regarding lead poisoning.
(8) Notify and update pediatricians and family practice physicians of lead hazards in a timely fashion.
(9) Provide consumer alerts and consumer education regarding lead hazards.
(b) The state department shall establish reporting, monitoring, and preventive procedures to protect from lead poisoning.
As added by P.L.123-1997, SEC.12. Amended by P.L.59-2003, SEC.1; P.L.135-2005, SEC.4.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-3. Blood Examinations; Reports; Penalties

Sec. 3. (a) A person that examines the blood of an individual described in section 2 of this chapter for the presence of lead must report to the state department the results of the examination not later than one (1) week after completing the examination. The report must include at least the following:
(1) With respect to the individual whose blood is examined:
(A) the name;
(B) the date of birth;
(C) the gender;
(D) the race; and
(E) any other information that is required to be included to qualify to receive federal funding.
(2) With respect to the examination:
(A) the date;
(B) the type of blood test performed;
(C) the person's normal limits for the test;
(D) the results of the test; and
(E) the person's interpretation of the results of the test.
(3) The names, addresses, and telephone numbers of:
(A) the person; and
(B) the attending physician, hospital, clinic, or other specimen submitter.
(b) If a person required to report under subsection (a) has submitted more than fifty (50) results in the previous calendar year, the person must submit subsequent reports in an electronic format determined by the state department.
(c) Except as provided in subsection (d), if a person required to report under subsection (a) fails to provide complete information within ten (10) days after notification by the state department, the state department may, in accordance with IC 4-21.5, assess a civil penalty against the person in an amount equal to one thousand five hundred dollars ($1,500) for each incomplete report that is submitted after receipt of the notification. Money received by the state department under this subsection shall be deposited in the fund.
(d) Subsection (c) does not apply to a person who acts in good faith to provide a complete report required under subsection (a), but who:
(1) is unable to collect all of the information required for a complete report; or
(2) provides incorrect information on a completed report.
As added by P.L.99-2002, SEC.9. Amended by P.L.59-2003, SEC.2; P.L.135-2005, SEC.5; P.L.102-2008, SEC.11.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-3.1. Childhood Lead Poisoning Prevention Fund

Sec. 3.1. (a) The childhood lead poisoning prevention fund is established for the purpose of funding childhood lead poisoning outreach and prevention activities. The fund shall be administered by the state department.
(b) The expenses of administering the fund shall be paid from money in the fund.
(c) The fund consists of:
(1) civil penalties assessed under section 3 of this chapter;
(2) gifts; and
(3) appropriations from the general assembly.
(d) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.102-2008, SEC.12.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-4. Distribution of Information

Sec. 4. (a) The state department, the office of the secretary of family and social services, and local health departments shall share among themselves and with the United States Department of Health and Human Services and the United States Department of Housing and Urban Development information, including a child's name, address, and demographic information, that is gathered after January 1, 1990, concerning the concentration of lead in the blood of a child less than seven (7) years of age to the extent necessary to determine the prevalence and distribution of lead poisoning in children less than seven (7) years of age.
(b) The state department, the office of the secretary of family and social services, and local health departments shall share information described in subsection (a) that is gathered after July 1, 2002, among themselves and with organizations that administer federal, state, and local programs covered by the United States Department of Housing and Urban Development regulations concerning lead-based paint poisoning prevention in certain residential structures under 24 CFR Subpart A, Part 35 to the extent necessary to ensure that children potentially affected by lead-based paint and lead hazards are adequately protected from lead poisoning.
(c) A person who shares data under this section is not liable for any damages caused by compliance with this section.
As added by P.L.99-2002, SEC.10. Amended by P.L.1-2003, SEC.63; P.L.135-2005, SEC.6.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-5. Annual Report

Sec. 5. (a) The state department shall, in cooperation with other state agencies, collect data under this chapter and, before June 1 of each year, report the results to the general assembly for the previous calendar year. A copy of the report shall be transmitted in an electronic format under IC 5-14-6 to the executive director of the legislative services agency for distribution to the members of the general assembly.
(b) The report transmitted under subsection (a) must include for each county the following information concerning children who are less than seven (7) years of age:
(1) The number of children who received a blood lead test.
(2) The number of children who had a blood test result of at least ten (10) micrograms of lead per deciliter of blood.
(3) The number of children identified under subdivision (2) who received a blood test to confirm that they had lead poisoning.
(4) The number of children identified under subdivision (3) who had lead poisoning.
(5) The number of children identified under subdivision (4) who had a blood test result of less than ten (10) micrograms of lead per deciliter of blood.
(6) The average number of days taken to confirm a blood lead test.
(7) The number of risk assessments performed for children identified under subdivision (4) and the average number of days taken to perform the risk assessment.
(8) The number of housing units in which risk assessments performed under subdivision (7) documented lead hazards as defined by 40 CFR 745.
(9) The number of housing units identified under subdivision (8) that were covered by orders issued under IC 13-14-10-2 or by another governmental authority to eliminate lead hazards.
(10) The number of housing units identified under subdivision (9) for which lead hazards have been eliminated within thirty (30) days, three (3) months, and six (6) months.
As added by P.L.135-2005, SEC.7. Amended by P.L.147-2023, SEC.25.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-9. Lead-Safe Work Practices Training Program

Sec. 9. (a) The state department shall, not later than July 1, 2009, adopt rules under IC 4-22-2 to establish a lead-safe work practices training program for contractors, renovators, and remodelers who:
(1) perform work on housing units that were built before 1978; and
(2) disturb lead-based paint in the housing units.
(b) The rules adopted under subsection (a) must:
(1) be consistent with the federal Department of Housing and Urban Development Lead Safe Housing Rule requirements for lead safe work practices training (24 CFR 35.1330(a)(4)); and
(2) provide for training courses taught in English and Spanish.
As added by P.L.102-2008, SEC.15. Amended by P.L.7-2015, SEC.44.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-10. Guidance and Standards

Sec. 10. (a) The state department shall establish guidance and standards for health care providers for screening children in Indiana for lead poisoning. When developing the guidance and standards, the state department shall consult with the American Academy of Pediatrics.
(b) The state department shall make the guidance and standards established under subsection (a) available on the state department's Internet web site.
(c) This section expires December 31, 2026.
As added by P.L.80-2022, SEC.1.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.4. Childhood Lead Poisoning › 16-41-39.4-11. Lead Poisoning Screening

Sec. 11. (a) A health care provider who provides health care services to a child who is less than six (6) years of age shall do the following:
(1) Determine whether the child has had a blood lead screening test.
(2) If the child has had a blood lead screening test, determine at what age the child was tested and the results of the blood lead screening test.
(3) If the child has not had a blood lead screening test and is:
(A) at least nine (9) months old; and
(B) less than seventy-two (72) months old;
offer a lead poisoning screening in accordance with guidance and standards established by the state department under section 10 of this chapter.
(b) Nothing in this section shall be construed to require a parent or guardian to have their child receive a blood lead screening test.
(c) This section expires December 31, 2026.
As added by P.L.80-2022, SEC.2.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.6. Osteoporosis Education › 16-41-39.6-1. Osteoporosis Prevention and Treatment Education Program

Sec. 1. (a) The state department may establish an osteoporosis prevention and treatment education program.
(b) If the state department establishes a program under subsection (a) the state department shall do the following:
(1) Design and implement strategies for raising public awareness concerning the causes and nature of osteoporosis, personal risk factors, the value of prevention and early detection, and options for diagnosing and treating osteoporosis.
(2) Develop and work with other state and local governmental agencies in presenting osteoporosis educational programs for physicians and other health professionals with the most current and accurate scientific and medical information on:
(A) prevention, diagnosis, and treatment;
(B) therapeutic decision making, including guidelines for detecting and treating the disease in special populations;
(C) risks and benefits of medications; and
(D) research advances.
(3) Conduct a statewide needs assessment to identify one (1) or more of the following concerning osteoporosis:
(A) Indiana specific data that analyzes the extent of osteoporosis in the state.
(B) Available technical assistance and educational materials and programs nationwide.
(C) The level of public awareness about osteoporosis.
(D) The needs of osteoporosis patients and their families and caregivers.
(E) The needs of health care providers.
(F) The services available to osteoporosis patients.
(G) The existence of osteoporosis treatment programs.
(H) The existence of osteoporosis support groups.
(I) The existence of osteoporosis rehabilitative services.
(J) The number and location of bone density testing equipment.
(c) Based on the results of the needs assessment conducted under subsection (b), the state department shall develop, maintain, and make available a list of osteoporosis services and osteoporosis health care providers who have a specialization in services to prevent, diagnose, and treat osteoporosis.
As added by P.L.147-1997, SEC.4.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.6. Osteoporosis Education › 16-41-39.6-2. State Department Powers; Improvement and Coordination of Services

Sec. 2. The state department may do the following:
(1) Work to improve the capacity of community based services available to osteoporosis patients.
(2) Work with other state and local governmental agencies, community and business leaders, community organizations, health care and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of prevention, education, and treatment of osteoporosis.
(3) Identify and, when appropriate, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate experience and knowledge of osteoporosis.
As added by P.L.147-1997, SEC.4.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.6. Osteoporosis Education › 16-41-39.6-3. Osteoporosis Education Fund

Sec. 3. (a) The osteoporosis education fund is established for the purpose of carrying out the duties under this chapter. The fund shall be administered by the state department.
(b) The treasurer of state may invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be administered.
(c) Money in the fund at the end of a fiscal year does not revert to the state general fund.
(d) The fund consists of money accepted by the department from grants and donations from private entities.
As added by P.L.147-1997, SEC.4.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.8. Lead-Based Paint Activities › 16-41-39.8-1. Applicability

Sec. 1. (a) This chapter does not apply to the following:
(1) A person making an inspection under the authority of IC 22-8-1.1.
(2) A person who performs lead-based paint activities within a residential dwelling that the person owns, unless the residential dwelling is occupied by:
(A) a person, other than the owner or the owner's immediate family, while these activities are being performed; or
(B) a child who:
(i) is not more than six (6) years of age or an age specified in rules adopted under section 6 of this chapter; and
(ii) resides in the building and has been identified as having an elevated blood lead level.
(b) This chapter may not be construed as requiring the abatement of lead-based paint hazards in a child occupied facility or target housing.
As added by P.L.57-2009, SEC.17.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.8. Lead-Based Paint Activities › 16-41-39.8-2. Establishment of Lead-Based Paint Activities Program; Investigation

Sec. 2. (a) The lead-based paint activities program is established. The purpose of the program is to ensure that a person conducting lead-based paint activities in target housing, child occupied facilities, and any other type of building specified in rules adopted under section 6 of this chapter does so in a manner that safeguards the environment and protects the health of the building's occupants, especially children who are not more than six (6) years of age.
(b) The state department may investigate lead-based paint abatement activities in target housing and child-occupied facilities under the following circumstances:
(1) The state department has received a written complaint about abatement activities.
(2) The state department has been informed of a child who:
(A) is:
(i) not more than six (6) years of age; or
(ii) an age specified in rules adopted under section 6 of this chapter;
(B) has been identified as having an elevated blood lead level; and
(C) has visited the site to be investigated.
(3) The state department is ensuring regulatory compliance with licensure and abatement activities.
As added by P.L.57-2009, SEC.17.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.8. Lead-Based Paint Activities › 16-41-39.8-4. Lead-Based Paint Activities Training Program Requirements

Sec. 4. (a) A lead-based paint activities training program must meet requirements specified in rules adopted under section 6 of this chapter before providing initial or refresher training to a person seeking a license listed in section 3(b) of this chapter.
(b) The state department may approve a lead-based paint activities training course offered by a person who satisfies the requirements of subsection (a).
(c) A lead-based paint activities training course must be conducted by an instructor approved by the state department as provided in the rules adopted under section 6 of this chapter.
As added by P.L.57-2009, SEC.17.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 39.8. Lead-Based Paint Activities › 16-41-39.8-5. Clearance Examiner Training Program Requirements

Sec. 5. (a) A clearance examiner training program must meet requirements specified in rules adopted under section 6 of this chapter before providing initial or refresher training to a person seeking a license under section 3(c) of this chapter.
(b) The state department may approve a clearance examiner training course offered as part of a program that satisfies the requirements of subsection (a).
(c) A clearance examiner training course must be conducted by an instructor approved by the state department as provided in the rules adopted under section 6 of this chapter.
As added by P.L.57-2009, SEC.17.