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 practicemedicine in Indiana, issued by the medical licensing board ofIndiana, or a medical officer of the United States government who isin Indiana performing his official duties.
"Psychiatrist" means a physician who is certified or boardqualified by the American Board of Psychiatry and Neurology, or aboard with equivalent standards approved by the AmericanOsteopathic Association.
"Psychologist" means an individual holding a valid certificate topractice psychology in Indiana, issued by the state psychology board.
"Qualified medical personnel" means individuals engaged in thedelivery of a medical or health care service who have been licensed,certified, or otherwise properly qualified under the laws of Indianaapplicable 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 oncommitment; medical and dental examination; care committedperson entitled to; prohibited acts
Sec. 2. (a) An individual committed to the department shall beimmediately examined for communicable diseases and conditions byqualified medical personnel under the direct supervision of aphysician. New admittees shall be segregated from the generalpopulation of a facility or program to the extent required byacceptable medical practice and standards until this examination iscompleted.
(b) Within fourteen (14) days after commitment to the department,an individual shall be given the opportunity to receive a thoroughmedical and dental examination conducted according to acceptablemedical practices and standards. All subsequent routine medical ordental examinations shall be scheduled by direction of a physician ordentist.
(c) A confined person is entitled to:
(1) medical care, medical personnel, and medical facilities of aquality 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, oranother mental health professional.
(d) A committed person may not prescribe, dispense, oradminister 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 alaboratory test or a series of tests approved by the state departmentof health and used in conjunction with a screening test to confirm orrefute the results of the screening test for the humanimmunodeficiency virus (HIV) antigen or antibodies to the humanimmunodeficiency virus (HIV).
(b) As used in this section, "screening test" means a laboratoryscreening test or a series of tests approved by the state department ofhealth to determine the possible presence of the humanimmunodeficiency virus (HIV) antigen or antibodies to the humanimmunodeficiency virus (HIV).
(c) For an individual who is committed to the department afterJune 30, 2001, the examination required under section 2(a) of thischapter 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 immunodeficiencyvirus (HIV).
(d) If the screening test required under subsection (c)(2) indicatesthe presence of antibodies to the human immunodeficiency virus(HIV), the department shall administer a confirmatory test to theindividual.
(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, theresults of a test administered under this section are confidential.
(g) The department shall, beginning September 1, 2002, file anannual report in an electronic format under IC 5-14-6 with theexecutive director of the legislative services agency containingstatistical information on the number of individuals tested and thenumber 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 shallbe provided consistent with acceptable medical practice andstandards. When possible, arrangements shall be made for childrento be born in a hospital outside the correctional facility. If a child isborn in a correctional facility, this fact may not be mentioned on thebirth 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 drugaddiction;
(2) administration of medical facilities and health centersoperated by the department;
(3) medical equipment, supplies, and devices to be available formedical care;
(4) provision of special diets to committed individuals;
(5) acquisition, storage, handling, distribution, and dispensingof all medication and drugs;
(6) training programs and first aid emergency care forcommitted 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 inspectionof every health facility, health center, or hospital operated by thedepartment and report to the commissioner whether that facility,center, or hospital meets the requirements established by the statedepartment of health. Any noncompliance with those requirementsmust be stated in writing to the commissioner, with a copy to thegovernor.
(c) For purposes of IC 4-22-2, the term "directive" as used in thissection relates solely to internal policy and procedure not having theforce 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 tothe department who:
(1) maintains a policy of insurance from a private companycovering:
(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 tothe department may be required to make a copayment in an amountof not more than ten dollars ($10) for each provision of any of thefollowing 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 makethe copayment under subsection (b) if:
(1) the person does not have funds in the person's commissaryaccount or trust account at the time the service is provided;
(2) the person does not have funds in the person's commissaryaccount or trust account within thirty (30) days after the serviceis provided;
(3) the service is provided in an emergency;
(4) the service is provided as a result of an injury received inthe correctional facility; or
(5) the service is provided at the request of the administrator ofthe correctional facility.
(d) Money collected under this section must be used to reimbursethe department whenever a person makes a copayment as a result ofhealth care related services provided during the person's confinementin a correctional facility.
(e) The department shall adopt rules under IC 4-22-2 to implementthis section.
As added by P.L.143-1995, SEC.1.