CHAPTER 15. COMMUNICABLE DISEASE: PREVENTION AND CONTROL OF VENEREAL DISEASES
IC 16-41-15
Chapter 15. Communicable Disease: Prevention and Control of
Venereal Diseases
IC 16-41-15-1
Approved laboratory
Sec. 1. As used in this chapter, "approved laboratory" means a
laboratory approved by the state department for making serological
tests.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-2
Standard serological test for syphilis
Sec. 2. As used in this chapter, "standard serological test for
syphilis" means a test recognized as a standard serological test for
syphilis by the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-3
Venereal disease prevention and control programs; appropriation
requests
Sec. 3. The local board of health or health officer may request
from the appropriate body an appropriation for a venereal disease
prevention and control program, which may include hospitalization
and quarantine, when the local board of health or health officer
determines that either of the following conditions exist:
(1) There is a prevalency of venereal disease inimical to the
public health, safety, and welfare of the citizens.
(2) Venereal disease is causing economic interference with any
phase of public welfare in the local health board's or health
officer's jurisdiction.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-4
Appropriations
Sec. 4. The local health officer shall transmit the request for funds
to establish the venereal disease prevention and control program to
the appropriate governing body, which may appropriate, out of any
money that may be available in the governing body's general fund, an
amount the governing body considers necessary and advisable to
properly carry out the program as an emergency appropriation.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-5
Tax levies; collection; credit
Sec. 5. The appropriate governing body may levy annually a tax
of not more than one cent ($0.01) on each one hundred dollars ($100)
of taxable property for the control and prevention of venereal
disease. The tax is in addition to other taxes of the local governing
body. The tax shall be collected in the same manner as other taxes
and shall be credited to the local board of health venereal disease
prevention and control fund.
As added by P.L.2-1993, SEC.24. Amended by P.L.6-1997, SEC.178.
IC 16-41-15-6
Infant eye examinations; treatment
Sec. 6. A person in professional attendance at a birth shall
carefully examine the eyes of the infant and if there is reason for
suspecting infection in one (1) or both eyes, the person in
professional attendance at the birth shall apply such prophylactic
treatment as may be prescribed by the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-7
Birth certificates; ophthalmia neonatorum precaution information
Sec. 7. The state department shall require in each birth certificate,
in addition to information otherwise required in the certificate, an
answer to the question "Were precautions taken against ophthalmia
neonatorum?".
As added by P.L.2-1993, SEC.24.
IC 16-41-15-8
Duty to provide ophthalmia neonatorum precaution information
Sec. 8. It is unlawful for any person in professional attendance at
a birth to fail to include an answer to the question on a birth
certificate: "Were precautions taken against ophthalmia
neonatorum?".
As added by P.L.2-1993, SEC.24.
IC 16-41-15-9
Infant eye inflammation, swelling, or discharge; reports; treatment
Sec. 9. (a) If:
(1) one (1) or both eyes of an infant become inflamed, swollen,
or show an unnatural discharge or secretion at any time within
two (2) weeks after birth; and
(2) there is no legally qualified person in professional
attendance;
the parent or other person who is in charge of the care of the infant
shall immediately report in writing the infection or unnatural
discharge not more than six (6) hours after discovery to the health
officer.
(b) If treatment has not been secured by the time the report on the
infection or unnatural discharge is made, the local health officer shall
direct the person to secure adequate medical service and to make a
report to the local health officer when the treatment has been
secured.
(c) If the person who is in charge of the care of the infant is
unable to pay for medical treatment for the infant, the local health
officer may direct the person to place the infant in the charge of the
proper agency or official responsible for the medical care of
indigents.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-10
Syphilis testing during pregnancy; duty of physician
Sec. 10. A physician who diagnoses a pregnancy of a woman shall
take or cause to be taken a sample of blood:
(1) at the time of diagnosis of pregnancy; and
(2) during the third trimester of pregnancy, if the woman
belongs to a high risk population for which the Centers for
Disease Control “Sexually Transmitted Diseases Treatment
Guidelines" recommend a third trimester syphilis testing;
and shall submit each sample to an approved laboratory for a
standard serological test for syphilis.
As added by P.L.2-1993, SEC.24. Amended by P.L.255-1996,
SEC.16.
IC 16-41-15-11
Syphilis testing during pregnancy; duty of attendant
Sec. 11. A person other than a physician who is permitted by law
to attend a pregnant woman, but who is not permitted by law to take
blood specimens, shall cause a sample of the blood of the pregnant
woman to be taken by a licensed physician, who shall submit the
sample to an approved laboratory for a standard serological test for
syphilis.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-12
Syphilis testing at time of delivery
Sec. 12. If at the time of delivery positive evidence is not
available to show that standard serological tests for syphilis have
been made in accordance with section 10 of this chapter, the person
in attendance at the delivery shall take or cause to be taken a sample
of the blood of the woman at the time of the delivery and shall
submit the sample to an approved laboratory for a standard
serological test for syphilis.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-13
Syphilis testing information; inclusion in birth and stillbirth
certificates
Sec. 13. (a) The state department shall require in each birth
certificate and stillbirth certificate, in addition to information
otherwise required in the certificate, the following information:
(1) Whether a serological test for syphilis was made for the
woman who bore the child.
(2) If a serological test for syphilis was made, the date the blood
specimen was taken.
(3) If a serological test for syphilis was made, whether the test
was made during pregnancy or at the time of delivery.
(4) If a serological test for syphilis was not made, the reason
why the test was not made.
(b) A person who prepares a birth certificate or a stillbirth
certificate shall include the information required in subsection (a).
As added by P.L.2-1993, SEC.24.
IC 16-41-15-14
Admission of infected persons to charitable and penal institutions
Sec. 14. The fact that a person has a venereal disease may not bar
the person's admission to a benevolent, charitable, or penal
institution or correctional facility supported and maintained in any
part by state funds.
As added by P.L.2-1993, SEC.24. Amended by P.L.12-1996, SEC.12.
IC 16-41-15-15
Treatment of infected persons admitted to charitable and penal
institutions
Sec. 15. Whenever a person with a venereal disease is admitted to
a benevolent, charitable, or penal institution or correctional facility
of Indiana, the superintendent or official in charge of the institution
or correctional facility shall institute and provide the proper
treatment for the person and shall carry out laboratory tests necessary
to determine the nature, course, duration, and results of the treatment.
As added by P.L.2-1993, SEC.24. Amended by P.L.12-1996, SEC.13.
IC 16-41-15-16
Free laboratory service for charitable and penal institutions
Sec. 16. The services of the laboratory of the state department
shall be available without charge for the laboratory diagnoses and
tests as may be necessary to carry out sections 14 and 15 of this
chapter. The state institutions and the state department shall
cooperate in every reasonable way in the prevention and suppression
of venereal diseases.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-17
Application of chapter to spiritual and prayer healing
Sec. 17. Sections 10 through 12 of this chapter do not apply to the
following:
(1) A person who administers to or treats the sick or suffering
by spiritual means or prayer.
(2) A person who, because of the person's religious belief, in
good faith selects and depends upon spiritual means or prayer
for treatment or cure of diseases.
As added by P.L.2-1993, SEC.24.
IC 16-41-15-18
Violations
Sec. 18. (a) Except as otherwise provided, a person who
recklessly violates or fails to comply with 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.