CHAPTER 2. DEFINITIONS
IC 16-18-2
Chapter 2. Definitions
IC 16-18-2-0.5
Abatement
Sec. 0.5. (a) "Abatement", for purposes of IC 16-41-39.8, means
any measure or set of measures designed to permanently eliminate
lead-based paint hazards. The term includes the following:
(1) The removal of lead-based paint and lead-contaminated
dust.
(2) The permanent enclosure or encapsulation of lead-based
paint.
(3) The replacement of lead-painted surfaces or fixtures.
(4) The removal or covering of lead-contaminated soil.
(5) All preparation, cleanup, disposal, and postabatement
clearance testing activities associated with subdivisions (1)
through (4).
(6) A project for which there is a written contract or other
documentation, providing that a person will be conducting
activities in or to a residential dwelling or child occupied
facility that:
(A) will permanently eliminate lead-based paint hazards; or
(B) are designed to permanently eliminate lead-based paint
hazards as described under subdivisions (1) through (5).
(7) A project resulting in the permanent elimination of
lead-based paint hazards, conducted by persons certified under
40 CFR 745.226 or IC 16-41-39.8, unless the project is
described under subsection (b) or (c).
(8) A project resulting in the permanent elimination of
lead-based paint hazards, conducted by persons who, through
the person's company name or promotional literature, represent,
advertise, or hold themselves out to be in the business of
performing lead-based paint activities, unless those projects are
described under subsection (b) or (c).
(9) A project resulting in the permanent elimination of
lead-based paint hazards that is conducted in response to state
or local abatement orders.
(b) The term does not include renovation, remodeling,
landscaping, or other activities when those activities are not designed
to permanently eliminate lead-based paint hazards but are designed
to repair, restore, or remodel a structure or dwelling, even though
these activities may incidentally result in a reduction or elimination
of lead-based paint hazards.
(c) The term does not include interim controls, operations, or
maintenance activities or other measures designed to temporarily
reduce lead-based paint hazards.
As added by P.L.57-2009, SEC.3. Amended by P.L.1-2010, SEC.67.
IC 16-18-2-1
Abortion
Sec. 1. "Abortion" means the termination of human pregnancy
with an intention other than to produce a live birth or to remove a
dead fetus.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-1.5
Abortion clinic
Sec. 1.5. (a) "Abortion clinic", for purposes of IC 16-21-2, means
a freestanding entity that performs surgical abortion procedures.
(b) The term does not include the following:
(1) A hospital that is licensed as a hospital under IC 16-21-2.
(2) An ambulatory outpatient surgical center that is licensed as
an ambulatory outpatient surgical center under IC 16-21-2.
(3) A physician's office as long as the surgical procedures
performed at the physician's office are not primarily surgical
abortion procedures.
As added by P.L.96-2005, SEC.2.
IC 16-18-2-1.8
Additional forensic services
Sec. 1.8. "Additional forensic services", for purposes of
IC 16-21-8, means the following:
(1) Initial pregnancy and sexually transmitted disease testing
related to an alleged sex crime.
(2) Prophylactic medication related to pregnancy, pregnancy
testing, or sexually transmitted disease testing. However, this
subdivision does not include HIV prophylactic medication that
may be paid at the discretion of the victim services division of
the Indiana criminal justice institute.
(3) Alcohol and drug testing.
(4) Syphilis testing up to ninety (90) days after an alleged sex
crime.
(5) Pregnancy testing up to thirty (30) days after an alleged sex
crime.
(6) Mental health counseling concerning problems directly
related to an alleged sex crime.
As added by P.L.121-2006, SEC.20.
IC 16-18-2-2
Adjustment and incentive support
Sec. 2. "Adjustment and incentive support", for purposes of
IC 16-46-1, has the meaning set forth in IC 16-46-1-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-3
Administrative adjudication, decision, or order
Sec. 3. "Administrative adjudication, decision, or order", for
purposes of IC 16-22-8, has the meaning set forth in IC 16-22-8-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-4
Administrative unit
Sec. 4. "Administrative unit", for purposes of IC 16-19-6, has the
meaning set forth in IC 16-19-6-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-5
Adult
Sec. 5. "Adult" means an individual who is at least eighteen (18)
years of age.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-5.5
Adult stem cell
Sec. 5.5. "Adult stem cell" means an undifferentiated cell that:
(1) is found in a differentiated tissue;
(2) is renewable; and
(3) yields specialized cell types with certain limitations of the
tissue from which it originated.
As added by P.L.126-2005, SEC.1.
IC 16-18-2-6
Repealed
(Repealed by P.L.205-2003, SEC.44.)
IC 16-18-2-7
Advanced life support
Sec. 7. (a) "Advanced life support", for purposes of IC 16-31,
means care that is given:
(1) at the scene of:
(A) an accident;
(B) an act of terrorism (as defined in IC 35-41-1-26.5), if the
governor has declared a disaster emergency under
IC 10-14-3-12 in response to the act of terrorism; or
(C) an illness;
(2) during transport; or
(3) at a hospital;
by a paramedic or an emergency medical technician-intermediate and
that is more advanced than the care usually provided by an
emergency medical technician or an emergency medical
technician-basic advanced.
(b) The term may include any of the following:
(1) Defibrillation.
(2) Endotracheal intubation.
(3) Parenteral injections of appropriate medications.
(4) Electrocardiogram interpretation.
(5) Emergency management of trauma and illness.
As added by P.L.2-1993, SEC.1. Amended by P.L.156-2001, SEC.1;
P.L.17-2002, SEC.1; P.L.2-2003, SEC.43; P.L.205-2003, SEC.8.
IC 16-18-2-8
Advertisement
Sec. 8. "Advertisement", for purposes of IC 16-42-1 through
IC 16-42-4, means all representations disseminated in any manner or
by any means, other than by labeling, for the purpose of inducing, or
which are likely to induce, directly or indirectly, the purchase of
food, drugs, devices, or cosmetics.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-9
Repealed
(Repealed by P.L.113-2010, SEC.170.)
IC 16-18-2-9.3
Advisory council
Sec. 9.3. "Advisory council", for purposes of IC 16-41-39.4, refers
to the lead-safe housing advisory council established by
IC 16-41-39.4-6.
As added by P.L.102-2008, SEC.1.
IC 16-18-2-10
Agency
Sec. 10. (a) "Agency", for purposes of IC 16-23.5, has the
meaning set forth in IC 16-23.5-1-2.
(b) "Agency", for purposes of IC 16-40-5, has the meaning set
forth in IC 16-40-5-1.
(c) "Agency", for purposes of IC 16-41-37, has the meaning set
forth in IC 16-41-37-1.
As added by P.L.2-1993, SEC.1. Amended by P.L.205-2003, SEC.9;
P.L.101-2006, SEC.23; P.L.2-2007, SEC.178; P.L.101-2007, SEC.1.
IC 16-18-2-11
Agricultural labor camp
Sec. 11. "Agricultural labor camp", for purposes of IC 16-41-26,
has the meaning set forth in IC 16-41-26-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-12
Alcohol and drug abuse records
Sec. 12. "Alcohol and drug abuse records", for purposes of
IC 16-39, means recorded or unrecorded information concerning the
diagnosis, treatment, or prognosis of a patient receiving alcohol or
drug abuse treatment services.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-13
Ambulance
Sec. 13. "Ambulance", for purposes of IC 16-31, means a
conveyance on:
(1) land;
(2) sea; or
(3) air;
that is used or is intended to be used for the purpose of responding
to emergency life-threatening situations and providing emergency
transportation service.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-14
Ambulatory outpatient surgical center
Sec. 14. (a) "Ambulatory outpatient surgical center", for purposes
of IC 16-21 and IC 16-38-2, means a public or private institution that
meets the following conditions:
(1) Is established, equipped, and operated primarily for the
purpose of performing surgical procedures and services.
(2) Is operated under the supervision of at least one (1) licensed
physician or under the supervision of the governing board of the
hospital if the center is affiliated with a hospital.
(3) Permits a surgical procedure to be performed only by a
physician, dentist, or podiatrist who meets the following
conditions:
(A) Is qualified by education and training to perform the
surgical procedure.
(B) Is legally authorized to perform the procedure.
(C) Is privileged to perform surgical procedures in at least
one (1) hospital within the county or an Indiana county
adjacent to the county in which the ambulatory outpatient
surgical center is located.
(D) Is admitted to the open staff of the ambulatory outpatient
surgical center.
(4) Requires that a licensed physician with specialized training
or experience in the administration of an anesthetic supervise
the administration of the anesthetic to a patient and remain
present in the facility during the surgical procedure, except
when only a local infiltration anesthetic is administered.
(5) Provides at least one (1) operating room and, if anesthetics
other than local infiltration anesthetics are administered, at least
one (1) postanesthesia recovery room.
(6) Is equipped to perform diagnostic x-ray and laboratory
examinations required in connection with any surgery
performed.
(7) Does not provide accommodations for patient stays of
longer than twenty-four (24) hours.
(8) Provides full-time services of registered and licensed nurses
for the professional care of the patients in the postanesthesia
recovery room.
(9) Has available the necessary equipment and trained
personnel to handle foreseeable emergencies such as a
defibrillator for cardiac arrest, a tracheotomy set for airway
obstructions, and a blood bank or other blood supply.
(10) Maintains a written agreement with at least one (1) hospital
for immediate acceptance of patients who develop
complications or require postoperative confinement.
(11) Provides for the periodic review of the center and the
center's operations by a committee of at least three (3) licensed
physicians having no financial connections with the center.
(12) Maintains adequate medical records for each patient.
(13) Meets all additional minimum requirements as established
by the state department for building and equipment
requirements.
(14) Meets the rules and other requirements established by the
state department for the health, safety, and welfare of the
patients.
(b) The term does not include a birthing center.
As added by P.L.2-1993, SEC.1. Amended by P.L.17-2004, SEC.1;
P.L.96-2005, SEC.1.
IC 16-18-2-15
Anabolic steroid
Sec. 15. "Anabolic steroid", for purposes of IC 16-42-19, means
a material, compound, mixture, or preparation that contains an
anabolic steroid that includes any of the following:
Chorionic gonadotropin
Clostebol
Dehydrochlormethyltestosterone
Ethylestrenol
Fluoxymesterone
Mesterolone
Metenolone
Methandienone
Methandro stenolone
Methyltestosterone
Nandrolone decanoate
Nandrolone phenpropionate
Norethandrolone
Oxandrolone
Oxymesterone
Oxymetholone
Stanozolol
Testosterone propionate
Testosterone-like related compounds.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-16
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-17
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-18
Antibiotic drug
Sec. 18. "Antibiotic drug", for purposes of IC 16-42-3, has the
meaning set forth in IC 16-42-3-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-19
Applicant
Sec. 19. (a) "Applicant", for purposes of IC 16-25, has the
meaning set forth in IC 16-25-1.1-2.
(b) "Applicant", for purposes of IC 16-26-2, has the meaning set
forth in IC 16-26-2-1.
As added by P.L.2-1993, SEC.1. Amended by P.L.256-1999, SEC.3.
IC 16-18-2-20
Appropriate facility
Sec. 20. "Appropriate facility", for purposes of IC 16-36-3, has
the meaning set forth in IC 16-36-3-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-21
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-22
Approved postsecondary educational institution
Sec. 22. "Approved postsecondary educational institution" has the
meaning set forth in IC 21-7-13-6(a).
As added by P.L.2-1993, SEC.1. Amended by P.L.2-2007, SEC.179.
IC 16-18-2-23
Approved laboratory
Sec. 23. "Approved laboratory", for purposes of IC 16-41-6 and
IC 16-41-15, has the meaning set forth in IC 16-41-15-1.
As added by P.L.2-1993, SEC.1. Amended by P.L.237-2003, SEC.3.
IC 16-18-2-24
Armed forces of the United States
Sec. 24. "Armed forces of the United States", for purposes of
IC 16-33-4, has the meaning set forth in IC 16-33-4-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-25
Artificial insemination
Sec. 25. "Artificial insemination", for purposes of IC 16-41-14,
has the meaning set forth in IC 16-41-14-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-26
Assembly
Sec. 26. "Assembly", for purposes of IC 16-41-22, has the
meaning set forth in IC 16-41-22-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-26.5
Association
Sec. 26.5. "Association", for purposes of IC 16-39-5-3, has the
meaning set forth in IC 16-39-5-3(a).
As added by P.L.231-1999, SEC.10.
IC 16-18-2-27
ASTM
Sec. 27. "ASTM" refers to the American Society for Testing and
Materials.
As added by P.L.2-1993, SEC.1. Amended by P.L.177-1993, SEC.1.
IC 16-18-2-28
Atomic energy
Sec. 28. "Atomic energy", for purposes of IC 16-41-35, has the
meaning set forth in IC 16-41-35-3.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-28.5
Attendant care services
Sec. 28.5. (a) "Attendant care services", for purposes of
IC 16-27-1 and IC 16-27-4, means services:
(1) that could be performed by an impaired individual for whom
the services are provided if the individual were not impaired;
and
(2) that enable the impaired individual:
(A) to live in the individual's home and community rather
than in an institution; and
(B) to carry out functions of daily living, self-care, and
mobility.
(b) The term includes the following:
(1) Assistance in getting in and out of beds, wheelchairs, and
motor vehicles.
(2) Assistance with routine bodily functions, including:
(A) bathing and personal hygiene;
(B) using the toilet;
(C) dressing and grooming; and
(D) feeding, including preparation and cleanup.
(3) The provision of assistance:
(A) through providing reminders or cues to take medication,
the opening of preset medication containers, and providing
assistance in the handling or ingesting of noncontrolled
substance medications, including eye drops, herbs,
supplements, and over-the-counter medications; and
(B) to an individual who is unable to accomplish the task
due to an impairment and who is:
(i) competent and has directed the services; or
(ii) incompetent and has the services directed by a
competent individual who may consent to health care for
the impaired individual.
As added by P.L.255-2001, SEC.12. Amended by P.L.212-2005,
SEC.3.
IC 16-18-2-29
Attending physician
Sec. 29. "Attending physician" means the licensed physician who
has the primary responsibility for the treatment and care of the
patient. For purposes of IC 16-36-5, the term includes a physician
licensed in another state.
As added by P.L.2-1993, SEC.1. Amended by P.L.148-1999, SEC.1.
IC 16-18-2-30
Authority
Sec. 30. "Authority" refers to the following:
(1) For purposes of IC 16-22-6, the authority created under
IC 16-22-6-2.
(2) For purposes of IC 16-22-7, the authority created under
IC 16-22-7-5.
(3) For purposes of IC 16-22:
(A) the authority created under IC 16-22-6-2; or
(B) the county building authority provided for in IC 36-9-13.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-30.5
Auto-injector
Sec. 30.5. "Auto-injector" means a spring loaded needle and
syringe:
(1) containing a single dose of medication; and
(2) that automatically releases and injects the medication.
As added by P.L.17-2002, SEC.2.
IC 16-18-2-31
Autologous donation
Sec. 31. "Autologous donation", for purposes of IC 16-41-12, has
the meaning set forth in IC 16-41-12-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-32
Autopsy
Sec. 32. "Autopsy", for purposes of IC 16-36-2, has the meaning
set forth in IC 16-36-2-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-33
Bank
Sec. 33. "Bank", for purposes of IC 16-41-12, has the meaning set
forth in IC 16-41-12-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-33.5
Basic life support
Sec. 33.5. (a) "Basic life support", for purposes of IC 16-31,
means the following:
(1) Assessment of emergency patients.
(2) Administration of oxygen.
(3) Use of mechanical breathing devices.
(4) Application of anti-shock trousers.
(5) Performance of cardiopulmonary resuscitation.
(6) Application of dressings and bandage materials.
(7) Application of splinting and immobilization devices.
(8) Use of lifting and moving devices to ensure safe transport.
(9) Administration by an emergency medical technician or
emergency medical technician-basic advanced of epinephrine
through an auto-injector.
(10) For an emergency medical technician-basic advanced, the
following:
(A) Electrocardiogram interpretation.
(B) Manual external defibrillation.
(C) Intravenous fluid therapy.
(11) Other procedures authorized by the Indiana emergency
medical services commission, including procedures contained
in the revised national emergency medical technician basic
training curriculum guide.
(b) Except as provided by:
(1) subsection (a)(9) and the training and certification standards
established under IC 16-31-2-9(3);
(2) subsection (a)(10)(C); and
(3) the training standards established under IC 16-31-2-9(4);
the term does not include invasive medical care techniques or
advanced life support.
As added by P.L.186-1995, SEC.1. Amended by P.L.17-2002, SEC.3;
P.L.93-2002, SEC.1; P.L.205-2003, SEC.10; P.L.74-2006, SEC.1.
IC 16-18-2-34
Bed and breakfast establishments
Sec. 34. "Bed and breakfast establishments", for purposes of
IC 16-41-31, has the meaning set forth in IC 16-41-31-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-35
Bedding
Sec. 35. "Bedding", for purposes of IC 16-41-32, has the meaning
set forth in IC 16-41-32-5.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-36
Biologicals
Sec. 36. "Biologicals", for purposes of IC 16-41-19, has the
meaning set forth in IC 16-41-19-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-36.5
Birthing center
Sec. 36.5. (a) "Birthing center", for purposes of IC 16-21-2 and
IC 16-21-7.5, means a freestanding entity that has the sole purpose
of delivering a normal or uncomplicated pregnancy.
(b) The term does not include a hospital that is licensed as a
hospital under IC 16-21-2.
As added by P.L.96-2005, SEC.3. Amended by P.L.134-2008, SEC.8.
IC 16-18-2-37
Blood center
Sec. 37. "Blood center", for purposes of IC 16-41-12, has the
meaning set forth in IC 16-41-12-3.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-37.5
Board
Sec. 37.5. (a) "Board", for purposes of IC 16-22-8, has the
meaning set forth in IC 16-22-8-2.1.
(b) "Board", for purposes of IC 16-41-42.2, has the meaning set
forth in IC 16-41-42.2-1.
As added by P.L.184-2005, SEC.4. Amended by P.L.234-2007,
SEC.44; P.L.3-2008, SEC.103.
IC 16-18-2-37.7
Board of commissioners
Sec. 37.7. "Board of commissioners", for purposes of IC 16-23.5,
has the meaning set forth in IC 16-23.5-1-3.
As added by P.L.2-2007, SEC.180.
IC 16-18-2-37.8
Board of trustees
Sec. 37.8. "Board of trustees", for purposes of IC 16-23.5, has the
meaning set forth in IC 16-23.5-1-4.
As added by P.L.2-2007, SEC.181.
IC 16-18-2-38
Branch locker plant
Sec. 38. "Branch locker plant" means a location or an
establishment in which space in individual lockers is rented to
individuals for the storage of food at not more than forty-five (45)
degrees Fahrenheit after the food has been prepared for storage at a
central plant.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-39
Brand name
Sec. 39. "Brand name", for purposes of IC 16-42-22, has the
meaning set forth in IC 16-42-22-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-40
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-41
Building
Sec. 41. (a) "Building", for purposes of IC 16-22 and except as
provided in subsection (b), means a building, or an addition, for
hospital purposes, and includes the site if a site is acquired, the
equipment, heating facilities, sewage disposal facilities, landscaping,
walks, drives, parking facilities and other structures, facilities,
appurtenances, materials, and supplies that may be necessary to
render that building suitable for use and occupancy for hospital
purposes.
(b) "Building", for purposes of IC 16-22-2, has the meaning set
forth in subsection (a) and includes, in the discretion of the
governing board, clinics and offices for physicians.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-42
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-43
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-44
Repealed
(Repealed by P.L.87-1994, SEC.16.)
IC 16-18-2-45
Byproduct material
Sec. 45. "Byproduct material", for purposes of IC 16-41-35, has
the meaning set forth in IC 16-41-35-4.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-46
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-47
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-48
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-48.5
Cardiopulmonary resuscitation or CPR
Sec. 48.5. "Cardiopulmonary resuscitation" or "CPR", for
purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-1.
As added by P.L.148-1999, SEC.2.
IC 16-18-2-49
Carrier
Sec. 49. "Carrier", for purposes of IC 16-41, means a person who
has:
(1) tuberculosis in a communicable stage; or
(2) another dangerous communicable disease.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-50
Repealed
(Repealed by P.L.28-2009, SEC.16.)
IC 16-18-2-51
Center
Sec. 51. (a) "Center", for purposes of IC 16-19-10, has the
meaning set forth in IC 16-19-10-1.
(b) "Center", for purposes of IC 16-33-3, has the meaning set forth
in IC 16-33-3-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-51.5
Certified food handler
Sec. 51.5. "Certified food handler", for purposes of IC 16-42-5.2,
has the meaning set forth in IC 16-42-5.2-4.
As added by P.L.266-2001, SEC.1.
IC 16-18-2-52
Certificate or certification
Sec. 52. "Certificate" or "certification", for purposes of IC 16-31,
means authorization in written form issued by the Indiana emergency
medical services commission to a person to furnish, operate, conduct,
maintain, advertise, or otherwise engage in providing emergency
medical services as a part of a regular course of doing business,
either paid or voluntary.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-52.5
Charity care; financially indigent; medically indigent
Sec. 52.5. (a) "Charity care", for purposes of IC 16-21-6 and
IC 16-21-9, means the unreimbursed cost to a hospital of providing,
funding, or otherwise financially supporting health care services:
(1) to a person classified by the hospital as financially indigent
or medically indigent on an inpatient or outpatient basis; and
(2) to financially indigent patients through other nonprofit or
public outpatient clinics, hospitals, or health care organizations.
(b) As used in this section, "financially indigent" means an
uninsured or underinsured person who is accepted for care with no
obligation or a discounted obligation to pay for the services rendered
based on the hospital's financial criteria and procedure used to
determine if a patient is eligible for charity care. The criteria and
procedure must include income levels and means testing indexed to
the federal poverty guidelines. A hospital may determine that a
person is financially or medically indigent under the hospital's
eligibility system after health care services are provided.
(c) As used in this section, "medically indigent" means a person
whose medical or hospital bills after payment by third party payors
exceed a specified percentage of the patient's annual gross income as
determined in accordance with the hospital's eligibility system, and
who is financially unable to pay the remaining bill.
As added by P.L.94-1994, SEC.1.
IC 16-18-2-53
Checklist
Sec. 53. "Checklist", for purposes of IC 16-20-8, has the meaning
set forth in IC 16-20-8-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-54
Repealed
(Repealed by P.L.239-1999, SEC.9.)
IC 16-18-2-54.3
Child
Sec. 54.3. "Child", for purposes of IC 16-35-8, has the meaning
set forth in IC 16-35-8-1.
As added by P.L.1-2010, SEC.68.
IC 16-18-2-54.5
Childhood hazards
Sec. 54.5. "Childhood hazards", for purposes of IC 16-41-40, has
the meaning set forth in IC 16-41-40-1.5.
As added by P.L.101-1999, SEC.1.
IC 16-18-2-54.7
Child-occupied facility
Sec. 54.7. "Child-occupied facility", for purposes of lead-based
paint activities and IC 16-41-39.8, means a building or a portion of
a building that:
(1) was constructed before 1978;
(2) does not qualify as target housing (as defined in section
346.3 of this chapter); and
(3) is visited regularly by a child who is not more than six (6)
years of age under the following circumstances described in
clause (A), (B), or (C):
(A) The child visits at least two (2) days a week (Sunday
through Saturday) and each of the visits lasts at least three
(3) hours.
(B) The child visits at least six (6) hours each week.
(C) The child's combined annual visits during a calendar
year total at least sixty (60) hours.
The term includes day care centers, preschools, and kindergarten
classrooms.
As added by P.L.57-2009, SEC.4.
IC 16-18-2-55
Children
Sec. 55. "Children", for purposes of IC 16-35-2, has the meaning
set forth in IC 16-35-2-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-55.5
Chronic disease
Sec. 55.5. "Chronic disease", for purposes of IC 16-38-6, has the
meaning set forth in IC 16-38-6-1.
As added by P.L.212-2003, SEC.2.
IC 16-18-2-56
City health department
Sec. 56. "City health department", for purposes of IC 16-20-4, has
the meaning set forth in IC 16-20-4-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-56.2
Clearance examination
Sec. 56.2. "Clearance examination", for purposes of
IC 16-41-39.4, means an activity conducted by a clearance examiner
who is licensed under IC 16-41-39.8 to establish proper completion
of interim controls (as defined in 24 CFR 35.110).
As added by P.L.102-2008, SEC.2. Amended by P.L.57-2009, SEC.5.
IC 16-18-2-56.3
Client
Sec. 56.3. "Client", for purposes of IC 16-27-4, has the meaning
set forth in IC 16-27-4-1.
As added by P.L.212-2005, SEC.4.
IC 16-18-2-56.5
Cloning
Sec. 56.5. (a) "Cloning" means the use of asexual reproduction to
create or grow a human embryo from a single cell or cells of a
genetically identical human.
(b) The term does not include:
(1) a treatment or procedure to enhance human reproductive
capability through the manipulation of human oocytes or
embryos, including the following:
(A) In vitro fertilization.
(B) Gamete intrafallopian transfer.
(C) Zygote intrafallopian transfer; or
(2) the following types of stem cell research:
(A) Adult stem cell.
(B) Fetal stem cell, as long as the biological parent has given
written consent for the use of the fetal stem cells.
(C) Embryonic stem cells from lines that are permissible for
use under applicable federal law.
As added by P.L.126-2005, SEC.2.
IC 16-18-2-57
Cold storage
Sec. 57. "Cold storage", for purposes of IC 16-42, means the
storage of foods for at least thirty (30) days and at a temperature of
not more than forty-five (45) degrees Fahrenheit.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-58
Cold storage warehouse
Sec. 58. (a) "Cold storage warehouse", for purposes of IC 16-42,
means a structure, a part of a structure, or a fixture that meets the
following conditions:
(1) Uses refrigerating machinery or ice for the purpose of
refrigeration.
(2) Is used for cold storage of foods.
(b) The term does not include the following:
(1) A locker plant or a branch locker plant.
(2) Refrigerated storage facilities operated by a farmer and used
exclusively for the storage of raw, unprocessed fruits or
vegetables produced by the farmer on the farmer's farm.
(3) Cold storage equipment used to store perishable foods or
food products in conjunction with a dairy operation or a retail
grocery.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-59
Color
Sec. 59. "Color", for purposes of IC 16-42-1 through IC 16-42-4,
includes black, white, and intermediate grays.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-60
Color additive
Sec. 60. (a) "Color additive", for purposes of IC 16-42-1 through
IC 16-42-4, means a material that:
(1) is a dye, pigment, or other substance made by a process of
synthesis or similar artifice, or extracted, isolated, or otherwise
derived, with or without intermediate or final change of
identity, from a vegetable, animal, mineral, or other source; or
(2) when added or applied to a food, drug, or cosmetic or to the
human body is capable (alone or through reaction with other
substances) of imparting color.
The term does not include any material that has been exempted under
the Federal Act.
(b) Subsection (a) does not apply to a pesticide chemical, soil or
plant nutrient, or otherwise, affecting, directly or indirectly, the
growth or other natural physiological process of produce of the soil
and thereby affecting the produce's color, either before or after
harvest.
As added by P.L.2-1993, SEC.1. Amended by P.L.137-1996, SEC.58.
IC 16-18-2-61
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-62
Commission
Sec. 62. (a) "Commission", for purposes of IC 16-19-6, refers to
the commission for special institutions.
(b) "Commission", for purposes of IC 16-31, refers to the Indiana
emergency medical services commission.
(c) "Commission", for purposes of IC 16-46-11.1, has the meaning
set forth in IC 16-46-11.1-1.
As added by P.L.2-1993, SEC.1. Amended by P.L.61-2004, SEC.1.
IC 16-18-2-63
Repealed
(Repealed by P.L.87-1994, SEC.16.)
IC 16-18-2-64
Communicable disease
Sec. 64. "Communicable disease", for purposes of IC 16-41, has
the meaning prescribed by the state department under IC 16-41-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-64.4
Community
Sec. 64.4. "Community", for purposes of IC 16-21-6 and
IC 16-21-9, means the primary geographic area encompassing at least
the entire county in which the hospital is located and patient
categories for which the hospital provides health care services.
As added by P.L.94-1994, SEC.2.
IC 16-18-2-64.5
Community benefits
Sec. 64.5. "Community benefits", for purposes of IC 16-21-9, has
the meaning set forth in IC 16-21-9-1.
As added by P.L.94-1994, SEC.3.
IC 16-18-2-65
Community health services
Sec. 65. "Community health services", for purposes of IC 16-46-1,
has the meaning set forth in IC 16-46-1-3.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-66
Community or migrant health center
Sec. 66. "Community or migrant health center", for purposes of
IC 16-46-5, has the meaning set forth in IC 16-46-5-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-66.5
Competent witness
Sec. 66.5. "Competent witness", for purposes of IC 16-36-5, has
the meaning set forth in IC 16-36-5-2.
As added by P.L.148-1999, SEC.3.
IC 16-18-2-66.7
Component
Sec. 66.7. "Component", for purposes of IC 16-41-39.8, has the
meaning set forth in 24 CFR 35.110, as in effect July 1, 2002.
As added by P.L.57-2009, SEC.6.
IC 16-18-2-67
Comprehensive care bed
Sec. 67. "Comprehensive care bed", for purposes of IC 16-29-2,
has the meaning set forth in IC 16-29-2-1.
As added by P.L.2-1993, SEC.1. Amended by P.L.97-2004, SEC.63.
IC 16-18-2-67.5
Comprehensive plan
Sec. 67.5. "Comprehensive plan", for purposes of IC 16-23.5, has
the meaning set forth in IC 16-23.5-1-5.
As added by P.L.2-2007, SEC.182.
IC 16-18-2-68
Confirmatory test
Sec. 68. "Confirmatory test", for purposes of IC 16-41-12 and
IC 16-41-14, has the meaning set forth in IC 16-41-12-4.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-69
Consent
Sec. 69. "Consent", for purposes of IC 16-34, means a written
agreement to submit to an abortion:
(1) after the consenting party has had a full explanation of the
abortion procedure to be performed, including disclosures and
information required by IC 16-34-2-1.1; and
(2) as evidenced by the signature of the consenting party on a
consent form prescribed by the state department of health.
As added by P.L.2-1993, SEC.1. Amended by P.L.187-1995, SEC.1.
IC 16-18-2-69.2
Consumer product
Sec. 69.2. "Consumer product", for purposes of IC 16-41-39.4,
means an item or a component of an item that is produced or
distributed for:
(1) sale to a consumer for use; or
(2) the personal use, consumption, or enjoyment of a consumer.
As added by P.L.102-2008, SEC.3.
IC 16-18-2-69.4
Contractual allowances
Sec. 69.4. "Contractual allowances", for purposes of IC 16-21-6,
has the meaning set forth in IC 16-21-6-0.1.
As added by P.L.94-1994, SEC.4.
IC 16-18-2-69.5
Contributions
Sec. 69.5. "Contributions", for purposes of IC 16-21-6 and
IC 16-21-9, means the dollar value of cash donations and the fair
market value at the time of donation of in kind donations to the
hospital from individuals, organizations, or other entities. The term
does not include the value of a donation designated or otherwise
restricted by the donor for purposes other than charity care.
As added by P.L.94-1994, SEC.5.
IC 16-18-2-70
Construct, erect, or build
Sec. 70. "Construct", "erect", or "build", for purposes of IC 16-22,
includes the renovation or rebuilding of an existing structure.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-70.1
Construction project
Sec. 70.1. "Construction project" has the meaning set forth in
IC 16-21-2-11.5(a).
As added by P.L.67-2005, SEC.1.
IC 16-18-2-71
Repealed
(Repealed by P.L.144-1996, SEC.15.)
IC 16-18-2-72
Consumer commodity
Sec. 72. (a) "Consumer commodity", for purposes of IC 16-42-1
through IC 16-42-4, except as otherwise specifically provided by this
section, means any food, drug, device, or cosmetic as those terms are
defined by this article or in rules adopted under IC 16-42-1.
(b) The term does not include any of the following:
(1) Tobacco or a tobacco product.
(2) A commodity subject to packaging or labeling requirements
imposed under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136) or the provisions of the eighth
paragraph under the heading "Bureau of Animal Industry" of
the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151-157)
commonly known as the Virus-Serum Toxin Act.
(3) A drug subject to IC 16-42-3-6(a)(2), IC 16-42-3-4(12), or
Section 503(b)(1) or 506 of the Federal Act.
(4) A beverage subject to or complying with packaging or
labeling requirements imposed under the Federal Alcohol
Administration Act (27 U.S.C. et seq.).
(5) A commodity subject to the Federal Seed Act (7 U.S.C.
1551-1610).
As added by P.L.2-1993, SEC.1.
IC 16-18-2-73
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-74
Contaminated sharp
Sec. 74. "Contaminated sharp", for purposes of IC 16-41-16, has
the meaning set forth in IC 16-41-16-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-75
Contaminated with filth
Sec. 75. "Contaminated with filth", for purposes of IC 16-42-1
through IC 16-42-4, applies to a food, drug, device, or cosmetic not
securely protected from dust, dirt, and as far as necessary by all
reasonable means, from all foreign or injurious contaminations.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-76
Contracting county
Sec. 76. "Contracting county", for purposes of IC 16-24-2, has the
meaning set forth in IC 16-24-2-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-77
Contributing county
Sec. 77. "Contributing county", for purposes of IC 16-22-6, has
the meaning set forth in IC 16-22-6-27.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-78
Controlled premises
Sec. 78. "Controlled premises", for purposes of IC 16-42-20-2, has
the meaning set forth in IC 16-42-20-2(a).
As added by P.L.2-1993, SEC.1.
IC 16-18-2-79
Controlled substance
Sec. 79. "Controlled substance", for purposes of IC 16-42-21, has
the meaning set forth in IC 16-42-21-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-80
Corporation
Sec. 80. "Corporation", for purposes of IC 16-22-8, IC 16-42-5,
and IC 16-42-5.2, means the health and hospital corporation created
under IC 16-22-8.
As added by P.L.2-1993, SEC.1. Amended by P.L.266-2001, SEC.2.
IC 16-18-2-81
Repealed
(Repealed by P.L.87-1994, SEC.16.)
IC 16-18-2-82
Cosmetic
Sec. 82. (a) "Cosmetic", for purposes of IC 16-42-1 through
IC 16-42-4, means:
(1) articles intended to be rubbed, poured, sprinkled, or sprayed
on, introduced into, or otherwise applied to the human body for
cleansing, beautifying, promoting attractiveness, or altering the
appearance; and
(2) articles intended for use as a component of any of those
articles.
(b) The term does not include soap.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-82.8
Cost of receivership
Sec. 82.8. "Cost of receivership", for purposes of IC 16-28-8, has
the meaning set forth in IC 16-28-8-0.5.
As added by P.L.29-2002, SEC.1.
IC 16-18-2-83
Cost of construction
Sec. 83. "Cost of construction", for purposes of IC 16-45, means
the amount found by the Surgeon General of the United States to be
necessary for the construction of a project.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-84
Council
Sec. 84. "Council" refers to the following:
(1) For purposes of IC 16-21, the hospital council.
(2) For purposes of IC 16-25 and IC 16-27, the home health care
services and hospice services council.
(3) For purposes of IC 16-28 and IC 16-29, the Indiana health
facilities council.
(4) For purposes of IC 16-46-6, the interagency state council on
black and minority health.
As added by P.L.2-1993, SEC.1. Amended by P.L.12-2004, SEC.1.
IC 16-18-2-85
Counterfeit drug
Sec. 85. "Counterfeit drug", for purposes of IC 16-42-1 through
IC 16-42-4, means a drug:
(1) that, without authorization:
(A) bears;
(B) is labeled with; or
(C) is in a container that bears;
the trademark, trade name, or other identifying mark, imprint,
or device, or any likeness of a drug manufacturer, processor,
packer, or distributor other than the person or persons who in
fact manufactured, processed, packed, or distributed the drug;
and
(2) that falsely purports or is represented:
(A) to be the product of; or
(B) to have been packed or distributed by;
the other drug manufacturer, processor, packer, or distributor.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-86
County
Sec. 86. "County", for the purposes of IC 16-22, means a county
that owns and operates a county hospital.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-86.5
County council
Sec. 86.5. "County council", for purposes of IC 16-23.5, has the
meaning set forth in IC 16-23.5-1-6.
As added by P.L.2-2007, SEC.183.
IC 16-18-2-87
County health fund
Sec. 87. "County health fund", for purposes of IC 16-46-1, has the
meaning set forth in IC 16-46-1-4.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-88
County of residence of the child
Sec. 88. "County of residence of the child", for purposes of
IC 16-33-4, has the meaning set forth in IC 16-33-4-2.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-89
Customer
Sec. 89. "Customer", for purposes of IC 16-42-22, has the
meaning set forth in IC 16-42-22-3.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-90
Repealed
(Repealed by P.L.137-1996, SEC.75.)
IC 16-18-2-91
Dangerous communicable disease
Sec. 91. "Dangerous communicable disease", for purposes of
IC 16-41, means a communicable disease that is classified by the
state department as dangerous under IC 16-41-2-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-91.3
Data aggregation
Sec. 91.3. "Data aggregation" has the meaning set forth in
IC 16-39-5-3(b).
As added by P.L.44-2002, SEC.1.
IC 16-18-2-92
Dead body
Sec. 92. "Dead body", for purposes of IC 16-37-3, has the
meaning set forth in IC 16-37-3-1.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-92.4
Declarant
Sec. 92.4. "Declarant", for purposes of IC 16-36-5, has the
meaning set forth in IC 16-36-5-3.
As added by P.L.148-1999, SEC.4.
IC 16-18-2-92.6
Department
Sec. 92.6. (a) "Department", for purposes of IC 16-31-8.5, has the
meaning set forth in IC 16-31-8.5-1.
(b) "Department", for purposes of IC 16-47-1, has the meaning set
forth in IC 16-47-1-1.
As added by P.L.50-2004, SEC.2. Amended by P.L.101-2006,
SEC.24.
IC 16-18-2-93
Designated health official
Sec. 93. "Designated health official", for purposes of IC 16-41,
means:
(1) the state health commissioner;
(2) an assistant state health commissioner; or
(3) a person designated by the state health commissioner or
assistant state health commissioner to implement IC 16-41 in a
specific situation.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-94
Device
Sec. 94. "Device", for purposes of IC 16-42-1 through IC 16-42-4
except for IC 16-42-1-7, IC 16-42-1-16(7), IC 16-42-2-3(7),
IC 16-42-3-4(3), and IC 16-42-4-3(3), means instruments, apparatus,
and contrivances, including their components, parts, and accessories,
intended:
(1) for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in man or other animals; or
(2) to affect the structure or any function of the body of man or
other animals.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-95
Directed donation
Sec. 95. "Directed donation", for purposes of IC 16-41-12, has the
meaning set forth in IC 16-41-12-5.
As added by P.L.2-1993, SEC.1.
IC 16-18-2-96
Director
Sec. 96. (a) "Director", for purposes of IC 16-19-13, refers to the
director of the office of women's health established by
IC 16-19-13-2.
(b) "Director", for purposes of IC 16-19-14, refers to the director
of the office of minority health established by IC 16-19-14-4.
(c) "Director", for purposes of IC 16-27, means the individual
acting under the authority of and assigned the responsibility by the
state health commissioner to implement IC 16-27.
(d) "Director", for purposes of IC 16-28, IC 16-29, and IC 16-30,
means the individual acting under the authority of and assigned the
responsibility by the state health commissioner to implement
IC 16-28, IC 16-29, and IC 16-30.
(e) "Director", for purposes of IC 16-31, refers to the executive
director of the department of homeland security established by
IC 10-19-2-1.
(f) "Director", for purposes of IC 16-35-2, refers to the director of
the program for children with special health care needs.
As added by P.L.2-1993, SEC.1. Amended by P.L.52-1999, SEC.1;
P.L.2-2003, SEC.44; P.L.12-2004, SEC.2; P.L.22-2005, SEC.18;
P.L.38-2010, SEC.1.
IC 16-18-2-97
Division
Sec. 97. "Division" means the following:
(1) For purposes of IC 16-21-8, the meaning set forth in
IC 16-21-8-0.1.
(2) For purposes of IC 16-22-8, the meaning set forth in
IC 16-22-8-3.
(3) For purposes of IC 16-27, a group of individuals under the
supervision of the director within the state department assigned
the responsibility of implementing IC 16-27.
(4) For purposes of IC 16-2