CHAPTER 2. CANCER REGISTRY
IC 16-38-2
Chapter 2. Cancer Registry
IC 16-38-2-1
Cancer registry; establishment
Sec. 1. (a) The state department shall establish a cancer registry
for the purpose of:
(1) recording:
(A) all cases of malignant disease; and
(B) other tumors and precancerous diseases required to be
reported by:
(i) federal law or federal regulation; or
(ii) the National Program of Cancer Registries;
that are diagnosed or treated in Indiana; and
(2) compiling necessary and appropriate information concerning
those cases, as determined by the state department;
in order to conduct epidemiologic surveys of cancer and to apply
appropriate preventive and control measures.
(b) The department may contract for the collection and analysis
of, and the research related to, the epidemiologic data compiled
under this chapter.
As added by P.L.2-1993, SEC.21. Amended by P.L.93-2001, SEC.1;
P.L.17-2004, SEC.2.
IC 16-38-2-2
Development of registry from existing data
Sec. 2. The state department shall, to the greatest extent possible,
utilize information compiled by public or private cancer registries in
the development of a statewide cancer registry under this chapter.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-3
Reports
Sec. 3. (a) The following persons shall report to the cancer
registry each confirmed case of cancer and other tumors and
precancerous diseases required to be recorded under section 1 of this
chapter:
(1) Physicians.
(2) Dentists.
(3) Hospitals.
(4) Medical laboratories.
(5) Ambulatory outpatient surgical centers.
(6) Health facilities.
(b) A person required to report information to the state cancer
registry under this section may utilize, when available:
(1) information submitted to any other public or private cancer
registry; or
(2) information required to be filed with federal, state, or local
agencies;
when completing reports required by this chapter. However, the state
department may require additional, definitive information.
As added by P.L.2-1993, SEC.21. Amended by P.L.17-2004, SEC.3.
IC 16-38-2-4
Confidentiality
Sec. 4. Except as provided in sections 5, 6, and 7 of this chapter,
information obtained under this chapter by the state department
concerning individual cancer patients is for the confidential use of
the state department only.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-5
Access to confidential information for research purposes
Sec. 5. The state department shall grant any person involved in a
legitimate research activity access to confidential information
concerning individual cancer patients obtained by the state
department under this chapter if all of the following conditions are
met:
(1) The person conducting the research provides written
information about the following:
(A) The purpose of the research project.
(B) The nature of the data to be collected and how the
researcher intends to analyze the data.
(C) The records the researcher desires to review.
(D) The safeguards the researcher will take to protect the
identity of the patients whose records the researcher will be
reviewing.
(2) The proposed safeguards are adequate to protect the identity
of each patient whose records will be reviewed.
(3) An agreement is executed between the state department and
the researcher that meets all of the following conditions:
(A) Specifies the terms of the researcher's use of the records.
(B) Prohibits the publication or release of the names of
individual cancer patients or any facts tending to lead to the
identification of individual cancer patients.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-6
Additional information requests; individual patients; consent
Sec. 6. Researchers may, with the approval of the state
department, use the names of individual cancer patients when
requesting additional information for research purposes or soliciting
an individual patient's participation in a research project. However,
if a researcher requests additional information for an individual
cancer patient's participation in a research project, the researcher
must first obtain the oral or written consent of the patient's attending
physician. If the consent of the patient's attending physician is
obtained, the researcher must then obtain the individual cancer
patient's written consent by having the patient complete a release of
confidential medical information form.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-7
Release of confidential information
Sec. 7. The state department may release confidential information
concerning individual cancer patients to the following:
(1) The cancer registry of another state if the following
conditions are met:
(A) The other state has entered into a reciprocal agreement
with the state department.
(B) The agreement provides that information that identifies
a patient will not be released to any other person without the
written consent of the patient.
(2) Physicians and local health officers for diagnostic and
treatment purposes if the following conditions are met:
(A) The patient's attending physician gives oral or written
consent to the release of the information.
(B) The patient gives written consent by completing a
release of confidential medical information form.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-8
Immunity from liability
Sec. 8. A person who reports information to the cancer registry
system under this chapter is immune from any civil or criminal
liability that might otherwise be imposed because of the release of
what is otherwise confidential information.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-9
Epidemiological information; release
Sec. 9. This chapter does not prevent the release to any interested
person of epidemiological information that does not identify
individual cancer patients.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-10
Administrative rules
Sec. 10. The state department shall adopt rules under IC 4-22-2
necessary to carry out this chapter.
As added by P.L.2-1993, SEC.21.
IC 16-38-2-11
Annual report
Sec. 11. Not later than December 31 of each year, the department
shall publish and make available to the public an annual report
summarizing the information collected under this chapter during the
previous calendar year.
As added by P.L.93-2001, SEC.2. Amended by P.L.17-2004, SEC.4.