CHAPTER 14. COMMUNICABLE DISEASE: TESTING OF SEMEN USED IN ARTIFICIAL INSEMINATION FOR COMMUNICABLE AND SEXUALLY TRANSMITTED DISEASES
IC 16-41-14
Chapter 14. Communicable Disease: Testing of Semen Used in
Artificial Insemination for Communicable and Sexually Transmitted
Diseases
IC 16-41-14-1
Application of chapter to husbands
Sec. 1. This chapter does not apply to a donor who is the husband
of the recipient.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-2
Artificial insemination
Sec. 2. As used in this chapter, "artificial insemination" means the
introduction of semen into the vagina or cervix of a woman by means
other than through the act of coitus.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-3
Donor insemination
Sec. 3. As used in this chapter, "donor insemination" means
artificial insemination by a donor.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-4
Practitioner
Sec. 4. As used in this chapter, "practitioner" means a person
who:
(1) performs donor insemination; or
(2) receives, processes, or stores semen intended for donor
insemination.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-5
Disease testing; reports; pretesting donation
Sec. 5. (a) Except as provided in subsection (e) and section 7 of
this chapter, a practitioner shall test each donor of semen for the
following diseases before the donor provides a donation:
(1) Syphilis.
(2) Hepatitis B surface antigen and core antibody.
(3) HIV antibody.
(b) Except as provided in section 7 of this chapter, a practitioner
shall test each recipient initially and at least annually as long as
artificial insemination procedures are continuing for the following
diseases:
(1) Syphilis.
(2) Hepatitis B surface antigen.
(3) HIV antibody.
(c) A practitioner shall perform or arrange for a confirmatory test
for HIV antibody if the initial screening test for HIV antibody yields
positive results.
(d) The practitioner shall report the information required under
IC 16-41-2 when a test performed under subsection (c) confirms the
presence of a disease required to be reported to the state department.
(e) If a practitioner states in writing that a person has a disease or
will soon undergo medical treatment that may damage the person's:
(1) ability to donate semen; or
(2) semen;
the practitioner shall allow the person to donate semen before
performing the tests required under subsection (a).
As added by P.L.2-1993, SEC.24. Amended by P.L.255-1996,
SEC.14.
IC 16-41-14-6
Testing rules
Sec. 6. The state department shall adopt rules under IC 4-22-2 to
provide for testing for communicable and sexually transmitted
diseases under this chapter, including the identification of the
diseases to be tested and the type of test to be used.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-7
Use of semen; conditions; HIV testing
Sec. 7. (a) Except as provided in subsection (b), a practitioner
may not use a donation of semen until the following conditions are
met:
(1) The specimen has been frozen and quarantined for at least
one hundred eighty (180) days.
(2) The donor is retested after one hundred eighty (180) days
for the HIV antibody.
(b) If the recipient indicates that the donor is in a mutually
monogamous relationship with the recipient, the practitioner:
(1) shall perform the HIV test required under this chapter for
the donor at least annually as long as artificial insemination
procedures are continuing; and
(2) may not perform artificial insemination unless the tests for
HIV antibody performed under this chapter produce negative
results.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-8
Disposal of HIV infected semen
Sec. 8. A practitioner shall dispose of a donation of semen after
a confirmatory test indicates the presence of the HIV antibody. The
disposal must be made according to the rules concerning the disposal
of infectious waste.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-9
Reporting of diseases; notification of donors
Sec. 9. (a) A practitioner shall report the name and address of a
donor or recipient to the state department if a required test shows the
presence of a disease required to be reported under IC 16-41-2.
(b) A practitioner shall attempt to notify a donor or recipient if a
required test indicates the presence of a disease that must be reported
under IC 16-41-2.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-10
Referral of HIV infected donors to counseling
Sec. 10. A practitioner shall refer a donor or recipient to
appropriate counseling if a confirmatory test indicates the presence
of the HIV antibody.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-11
Additional testing
Sec. 11. A practitioner or other person is not required to perform
a test on the donor's semen if the following conditions are met:
(1) The semen is labeled indicating that the semen has been
previously tested as required by this chapter.
(2) Evidence is submitted that the donor has been tested as
required by this chapter and all tests were negative.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-12
Donor information
Sec. 12. (a) A practitioner shall require a semen donor to provide
the following information:
(1) Name.
(2) Address.
(3) Date of birth.
(b) A practitioner shall request a semen donor to provide the
semen donor's Social Security number.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-13
Informed consent
Sec. 13. A practitioner shall provide information to a semen donor
to enable the semen donor to give informed consent to the procedures
required by this chapter. The information required by this section
must be in the following form:
NOTICE
(1) This facility performs a screening test for the human immunodeficiency virus (HIV) on every donor's blood.
(2) This facility reports to the state department of health the name and address of a semen donor or recipient when a confirmatory test of the semen donor's blood or the recipient's blood confirms the presence of antibodies to the human immunodeficiency virus (HIV). (3) A person who, for the purpose of artificial insemination, recklessly, knowingly, or intentionally donates, sells, or transfers semen that contains antibodies for the human immunodeficiency virus (HIV) commits transferring contaminated semen, a Class C felony. The offense is a Class A felony if the offense results in the transmission of the virus to another person.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-14
Practitioners' records; inspections
Sec. 14. (a) A practitioner shall keep the following:
(1) A record of the information required under this chapter.
(2) The results of tests required under sections 5 and 7 of this
chapter.
(3) A writing required under section 5(e) of this chapter.
(b) Records kept under this section shall be made available to the
state department for inspection.
(c) The state department may enter and inspect a practitioner's
facility to investigate the premises, books, and records as necessary
to carry out this chapter.
(d) A person may not interfere with the performance of the state
department of health under this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.255-1996,
SEC.15.
IC 16-41-14-15
Confidentiality of information; violations
Sec. 15. (a) A person may not disclose or be compelled to disclose
information collected under this chapter or rules adopted under this
chapter. This information may not be released or made public on
subpoena or otherwise, except under the following circumstances:
(1) Release may be made of the information for statistical
purposes if done in a manner that does not identify an
individual.
(2) Release may be made of the information with the written
consent of all individuals identified in the information released.
(3) Release may be made of the information to the extent
necessary to enforce public health laws or to protect the health
or life of a named person.
(b) Except as provided in subsection (a), a person who:
(1) is responsible for recording, reporting, or maintaining
information required to be reported under this chapter; and
(2) recklessly, knowingly, or intentionally discloses or fails to
protect information classified as confidential under this section;
commits a Class A misdemeanor.
(c) In addition to subsection (b), a public employee who violates
this section is subject to discharge or other disciplinary action under
the personnel rules of the agency that employs the employee.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-16
Failure to conduct tests; penalty
Sec. 16. A practitioner who:
(1) is responsible for conducting a screening test required under
this chapter; and
(2) knowingly or intentionally fails to conduct the screening
test;
commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-17
Donation, sale, or transfer of HIV infected semen; penalties
Sec. 17. (a) This section does not apply to a person who transfers
for research purposes semen that contains antibodies for the human
immunodeficiency virus (HIV).
(b) A person who, for the purpose of artificial insemination,
recklessly, knowingly, or intentionally donates, sells, or transfers
semen that contains antibodies for the human immunodeficiency
virus (HIV) commits transferring contaminated semen, a Class C
felony. The offense is a Class A felony if the offense results in the
transmission of the virus to another person.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-18
Inspections on private property
Sec. 18. (a) The state department may designate an agent who:
(1) if the agent has probable cause to believe that evidence of a
health threat exists on private property;
(2) upon presentation of proper credentials; and
(3) under emergency circumstances or on issuance of a warrant;
may enter upon private property to inspect for and investigate
possible violations of this chapter or rules adopted under this chapter.
(b) This section does not impair the authority of the state
department to enter public or private property as authorized by law.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-19
Orders of compliance; civil penalties
Sec. 19. (a) The state department may commence an action under
IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance
and a civil penalty not to exceed one thousand dollars ($1,000) per
violation per day against any 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 state
department's designated agent in the performance of official
duties under this chapter or a rule adopted under this chapter.
(b) The state department may commence an action against a
facility licensed by the state department under either subsection (a)
or the licensure statute for the facility, but the state department may
not bring an action arising out of one (1) incident under both statutes.
As added by P.L.2-1993, SEC.24.
IC 16-41-14-20
Violations
Sec. 20. (a) Except as otherwise provided, a person who
recklessly violates or fails to comply with section 18 or 19 of this
chapter commits a Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.