CHAPTER 3. MEDICAL CARE
IC 11-10-3
Chapter 3. Medical Care
IC 11-10-3-1
Definitions
Sec. 1. As used in this chapter:
"Physician" means an individual holding a license to practice
medicine in Indiana, issued by the medical licensing board of
Indiana, or a medical officer of the United States government who is
in Indiana performing his official duties.
"Psychiatrist" means a physician who is certified or board
qualified by the American Board of Psychiatry and Neurology, or a
board with equivalent standards approved by the American
Osteopathic Association.
"Psychologist" means an individual holding a valid certificate to
practice psychology in Indiana, issued by the state psychology board.
"Qualified medical personnel" means individuals engaged in the
delivery of a medical or health care service who have been licensed,
certified, or otherwise properly qualified under the laws of Indiana
applicable to that particular service.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.149-1987,
SEC.1.
IC 11-10-3-2
Examination for communicable diseases and conditions on
commitment; medical and dental examination; care committed
person entitled to; prohibited acts
Sec. 2. (a) An individual committed to the department shall be
immediately examined for communicable diseases and conditions by
qualified medical personnel under the direct supervision of a
physician. New admittees shall be segregated from the general
population of a facility or program to the extent required by
acceptable medical practice and standards until this examination is
completed.
(b) Within fourteen (14) days after commitment to the department,
an individual shall be given the opportunity to receive a thorough
medical and dental examination conducted according to acceptable
medical practices and standards. All subsequent routine medical or
dental examinations shall be scheduled by direction of a physician or
dentist.
(c) A confined person is entitled to:
(1) medical care, medical personnel, and medical facilities of a
quality complying with applicable state licensing requirements;
(2) first aid or emergency medical treatment on a twenty-four
(24) hour basis; and
(3) mental health care by a psychiatrist, a psychologist, or
another mental health professional.
(d) A committed person may not prescribe, dispense, or
administer drugs or medication.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.135-1993,
SEC.1.
IC 11-10-3-2.5
Offender blood testing; confidentiality; reporting requirements
Sec. 2.5. (a) As used in this section, "confirmatory test" means a
laboratory test or a series of tests approved by the state department
of health 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).
(b) As used in this section, "screening test" means a laboratory
screening test or a series of tests approved by the state department of
health to determine the possible presence of the human
immunodeficiency virus (HIV) antigen or antibodies to the human
immunodeficiency virus (HIV).
(c) For an individual who is committed to the department after
June 30, 2001, the examination required under section 2(a) of this
chapter must include the following:
(1) A blood test for hepatitis C.
(2) A screening test for the human immunodeficiency virus
(HIV) antigen or antibodies to the human immunodeficiency
virus (HIV).
(d) If the screening test required under subsection (c)(2) indicates
the presence of antibodies to the human immunodeficiency virus
(HIV), the department shall administer a confirmatory test to the
individual.
(e) The department may require an individual who:
(1) was committed to the department before July 1, 2001; and
(2) is in the custody of the department after June 30, 2001;
to undergo the tests required by subsection (c) and, if applicable,
subsection (d).
(f) Except as otherwise provided by state or federal law, the
results of a test administered under this section are confidential.
(g) The department shall, beginning September 1, 2002, file an
annual report in an electronic format under IC 5-14-6 with the
executive director of the legislative services agency containing
statistical information on the number of individuals tested and the
number of positive test results determined under this section.
As added by P.L.293-2001, SEC.1. Amended by P.L.28-2004,
SEC.83.
IC 11-10-3-3
Prenatal and postnatal care, treatment
Sec. 3. Necessary prenatal and postnatal care and treatment shall
be provided consistent with acceptable medical practice and
standards. When possible, arrangements shall be made for children
to be born in a hospital outside the correctional facility. If a child is
born in a correctional facility, this fact may not be mentioned on the
birth certificate.
As added by Acts 1979, P.L.120, SEC.3.
IC 11-10-3-4
Directives, establishment; annual inspection of health facility, etc.;
definition
Sec. 4. (a) The department shall establish directives governing:
(1) medical care to be provided to committed individuals,
including treatment for mental retardation, alcoholism, and drug
addiction;
(2) administration of medical facilities and health centers
operated by the department;
(3) medical equipment, supplies, and devices to be available for
medical care;
(4) provision of special diets to committed individuals;
(5) acquisition, storage, handling, distribution, and dispensing
of all medication and drugs;
(6) training programs and first aid emergency care for
committed individuals and department personnel;
(7) medical records of committed individuals; and
(8) professional staffing requirements for medical care.
(b) The state department of health shall make an annual inspection
of every health facility, health center, or hospital operated by the
department and report to the commissioner whether that facility,
center, or hospital meets the requirements established by the state
department of health. Any noncompliance with those requirements
must be stated in writing to the commissioner, with a copy to the
governor.
(c) For purposes of IC 4-22-2, the term "directive" as used in this
section relates solely to internal policy and procedure not having the
force of law.
As added by Acts 1979, P.L.120, SEC.3. Amended by P.L.2-1992,
SEC.102.
IC 11-10-3-5
Copayment requirements; exceptions
Sec. 5. (a) This section does not apply to a person committed to
the department who:
(1) maintains a policy of insurance from a private company
covering:
(A) medical care;
(B) dental care;
(C) eye care; or
(D) any other health care related service; or
(2) is willing to pay for the person's own medical care.
(b) Except as provided in subsection (c), a person committed to
the department may be required to make a copayment in an amount
of not more than ten dollars ($10) for each provision of any of the
following services:
(1) Medical care.
(2) Dental care.
(3) Eye care.
(4) Any other health care related service.
(c) A person committed to the department is not required to make
the copayment under subsection (b) if:
(1) the person does not have funds in the person's commissary
account or trust account at the time the service is provided;
(2) the person does not have funds in the person's commissary
account or trust account within thirty (30) days after the service
is provided;
(3) the service is provided in an emergency;
(4) the service is provided as a result of an injury received in
the correctional facility; or
(5) the service is provided at the request of the administrator of
the correctional facility.
(d) Money collected under this section must be used to reimburse
the department whenever a person makes a copayment as a result of
health care related services provided during the person's confinement
in a correctional facility.
(e) The department shall adopt rules under IC 4-22-2 to implement
this section.
As added by P.L.143-1995, SEC.1.