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, meansany measure or set of measures designed to permanently eliminatelead-based paint hazards. The term includes the following:
(1) The removal of lead-based paint and lead-contaminateddust.
(2) The permanent enclosure or encapsulation of lead-basedpaint.
(3) The replacement of lead-painted surfaces or fixtures.
(4) The removal or covering of lead-contaminated soil.
(5) All preparation, cleanup, disposal, and postabatementclearance testing activities associated with subdivisions (1)through (4).
(6) A project for which there is a written contract or otherdocumentation, providing that a person will be conductingactivities in or to a residential dwelling or child occupiedfacility that:
(A) will permanently eliminate lead-based paint hazards; or
(B) are designed to permanently eliminate lead-based painthazards as described under subdivisions (1) through (5).
(7) A project resulting in the permanent elimination oflead-based paint hazards, conducted by persons certified under40 CFR 745.226 or IC 16-41-39.8, unless the project isdescribed under subsection (b) or (c).
(8) A project resulting in the permanent elimination oflead-based paint hazards, conducted by persons who, throughthe person's company name or promotional literature, represent,advertise, or hold themselves out to be in the business ofperforming lead-based paint activities, unless those projects aredescribed under subsection (b) or (c).
(9) A project resulting in the permanent elimination oflead-based paint hazards that is conducted in response to stateor local abatement orders.
(b) The term does not include renovation, remodeling,landscaping, or other activities when those activities are not designedto permanently eliminate lead-based paint hazards but are designedto repair, restore, or remodel a structure or dwelling, even thoughthese activities may incidentally result in a reduction or eliminationof lead-based paint hazards.
(c) The term does not include interim controls, operations, ormaintenance activities or other measures designed to temporarilyreduce 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 pregnancywith an intention other than to produce a live birth or to remove adead 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, meansa 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 asan ambulatory outpatient surgical center under IC 16-21-2.
(3) A physician's office as long as the surgical proceduresperformed at the physician's office are not primarily surgicalabortion 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 ofIC 16-21-8, means the following:
(1) Initial pregnancy and sexually transmitted disease testingrelated to an alleged sex crime.
(2) Prophylactic medication related to pregnancy, pregnancytesting, or sexually transmitted disease testing. However, thissubdivision does not include HIV prophylactic medication thatmay be paid at the discretion of the victim services division ofthe Indiana criminal justice institute.
(3) Alcohol and drug testing.
(4) Syphilis testing up to ninety (90) days after an alleged sexcrime.
(5) Pregnancy testing up to thirty (30) days after an alleged sexcrime.
(6) Mental health counseling concerning problems directlyrelated 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 ofIC 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", forpurposes 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 themeaning 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 thetissue 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 thegovernor has declared a disaster emergency underIC 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 andthat is more advanced than the care usually provided by anemergency medical technician or an emergency medicaltechnician-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 throughIC 16-42-4, means all representations disseminated in any manner orby any means, other than by labeling, for the purpose of inducing, orwhich are likely to induce, directly or indirectly, the purchase offood, 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, refersto the lead-safe housing advisory council established byIC 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 themeaning set forth in IC 16-23.5-1-2.
(b) "Agency", for purposes of IC 16-40-5, has the meaning setforth in IC 16-40-5-1.
(c) "Agency", for purposes of IC 16-41-37, has the meaning setforth 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 ofIC 16-39, means recorded or unrecorded information concerning thediagnosis, treatment, or prognosis of a patient receiving alcohol ordrug 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 aconveyance on:
(1) land; (2) sea; or
(3) air;
that is used or is intended to be used for the purpose of respondingto emergency life-threatening situations and providing emergencytransportation 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 purposesof IC 16-21 and IC 16-38-2, means a public or private institution thatmeets the following conditions:
(1) Is established, equipped, and operated primarily for thepurpose of performing surgical procedures and services.
(2) Is operated under the supervision of at least one (1) licensedphysician or under the supervision of the governing board of thehospital if the center is affiliated with a hospital.
(3) Permits a surgical procedure to be performed only by aphysician, dentist, or podiatrist who meets the followingconditions:
(A) Is qualified by education and training to perform thesurgical procedure.
(B) Is legally authorized to perform the procedure.
(C) Is privileged to perform surgical procedures in at leastone (1) hospital within the county or an Indiana countyadjacent to the county in which the ambulatory outpatientsurgical center is located.
(D) Is admitted to the open staff of the ambulatory outpatientsurgical center.
(4) Requires that a licensed physician with specialized trainingor experience in the administration of an anesthetic supervisethe administration of the anesthetic to a patient and remainpresent in the facility during the surgical procedure, exceptwhen only a local infiltration anesthetic is administered.
(5) Provides at least one (1) operating room and, if anestheticsother than local infiltration anesthetics are administered, at leastone (1) postanesthesia recovery room.
(6) Is equipped to perform diagnostic x-ray and laboratoryexaminations required in connection with any surgeryperformed.
(7) Does not provide accommodations for patient stays oflonger than twenty-four (24) hours.
(8) Provides full-time services of registered and licensed nursesfor the professional care of the patients in the postanesthesiarecovery room.
(9) Has available the necessary equipment and trainedpersonnel to handle foreseeable emergencies such as adefibrillator for cardiac arrest, a tracheotomy set for airwayobstructions, 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 developcomplications or require postoperative confinement.
(11) Provides for the periodic review of the center and thecenter's operations by a committee of at least three (3) licensedphysicians having no financial connections with the center.
(12) Maintains adequate medical records for each patient.
(13) Meets all additional minimum requirements as establishedby the state department for building and equipmentrequirements.
(14) Meets the rules and other requirements established by thestate department for the health, safety, and welfare of thepatients.
(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, meansa material, compound, mixture, or preparation that contains ananabolic 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 themeaning 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 themeaning set forth in IC 16-25-1.1-2.
(b) "Applicant", for purposes of IC 16-26-2, has the meaning setforth 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, hasthe 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 themeaning 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 andIC 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 ofIC 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 themeaning 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 themeaning 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 andMaterials.
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 themeaning 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 ofIC 16-27-1 and IC 16-27-4, means services:
(1) that could be performed by an impaired individual for whomthe 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 ratherthan in an institution; and
(B) to carry out functions of daily living, self-care, andmobility.
(b) The term includes the following:
(1) Assistance in getting in and out of beds, wheelchairs, andmotor 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 providingassistance in the handling or ingesting of noncontrolledsubstance medications, including eye drops, herbs,supplements, and over-the-counter medications; and
(B) to an individual who is unable to accomplish the taskdue to an impairment and who is: (i) competent and has directed the services; or
(ii) incompetent and has the services directed by acompetent individual who may consent to health care forthe 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 whohas the primary responsibility for the treatment and care of thepatient. For purposes of IC 16-36-5, the term includes a physicianlicensed 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 underIC 16-22-6-2.
(2) For purposes of IC 16-22-7, the authority created underIC 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 andsyringe:
(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, hasthe 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 meaningset 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 oremergency medical technician-basic advanced of epinephrinethrough an auto-injector.
(10) For an emergency medical technician-basic advanced, thefollowing:
(A) Electrocardiogram interpretation.
(B) Manual external defibrillation.
(C) Intravenous fluid therapy.
(11) Other procedures authorized by the Indiana emergencymedical services commission, including procedures containedin the revised national emergency medical technician basictraining curriculum guide.
(b) Except as provided by:
(1) subsection (a)(9) and the training and certification standardsestablished 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 oradvanced 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 ofIC 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 meaningset 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 themeaning 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 andIC 16-21-7.5, means a freestanding entity that has the sole purposeof delivering a normal or uncomplicated pregnancy.
(b) The term does not include a hospital that is licensed as ahospital 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 themeaning 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 themeaning set forth in IC 16-22-8-2.1.
(b) "Board", for purposes of IC 16-41-42.2, has the meaning setforth 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 themeaning 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 anestablishment in which space in individual lockers is rented toindividuals for the storage of food at not more than forty-five (45)degrees Fahrenheit after the food has been prepared for storage at acentral 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 themeaning 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 asprovided in subsection (b), means a building, or an addition, forhospital purposes, and includes the site if a site is acquired, theequipment, heating facilities, sewage disposal facilities, landscaping,walks, drives, parking facilities and other structures, facilities,appurtenances, materials, and supplies that may be necessary torender that building suitable for use and occupancy for hospitalpurposes.
(b) "Building", for purposes of IC 16-22-2, has the meaning setforth in subsection (a) and includes, in the discretion of thegoverning 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, hasthe 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", forpurposes 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 whohas:
(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 themeaning set forth in IC 16-19-10-1.
(b) "Center", for purposes of IC 16-33-3, has the meaning set forthin 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 emergencymedical services commission to a person to furnish, operate, conduct,maintain, advertise, or otherwise engage in providing emergencymedical 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 andIC 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 indigentor medically indigent on an inpatient or outpatient basis; and
(2) to financially indigent patients through other nonprofit orpublic outpatient clinics, hospitals, or health care organizations.
(b) As used in this section, "financially indigent" means anuninsured or underinsured person who is accepted for care with noobligation or a discounted obligation to pay for the services renderedbased on the hospital's financial criteria and procedure used todetermine if a patient is eligible for charity care. The criteria andprocedure must include income levels and means testing indexed tothe federal poverty guidelines. A hospital may determine that aperson is financially or medically indigent under the hospital'seligibility system after health care services are provided.
(c) As used in this section, "medically indigent" means a personwhose medical or hospital bills after payment by third party payorsexceed a specified percentage of the patient's annual gross income asdetermined in accordance with the hospital's eligibility system, andwho 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 meaningset 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 meaningset 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, hasthe 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-basedpaint activities and IC 16-41-39.8, means a building or a portion ofa 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 inclause (A), (B), or (C):
(A) The child visits at least two (2) days a week (Sundaythrough 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 calendaryear total at least sixty (60) hours.
The term includes day care centers, preschools, and kindergartenclassrooms.
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 meaningset 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 themeaning 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, hasthe 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 ofIC 16-41-39.4, means an activity conducted by a clearance examinerwho is licensed under IC 16-41-39.8 to establish proper completionof 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 meaningset 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 tocreate 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 reproductivecapability through the manipulation of human oocytes orembryos, 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 givenwritten consent for the use of the fetal stem cells.
(C) Embryonic stem cells from lines that are permissible foruse 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 thestorage of foods for at least thirty (30) days and at a temperature ofnot 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 thefollowing conditions:
(1) Uses refrigerating machinery or ice for the purpose ofrefrigeration.
(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 usedexclusively for the storage of raw, unprocessed fruits orvegetables produced by the farmer on the farmer's farm.
(3) Cold storage equipment used to store perishable foods orfood products in conjunction with a dairy operation or a retailgrocery.
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 ofsynthesis or similar artifice, or extracted, isolated, or otherwisederived, with or without intermediate or final change ofidentity, from a vegetable, animal, mineral, or other source; or
(2) when added or applied to a food, drug, or cosmetic or to thehuman body is capable (alone or through reaction with othersubstances) of imparting color.
The term does not include any material that has been exempted underthe Federal Act.
(b) Subsection (a) does not apply to a pesticide chemical, soil orplant nutrient, or otherwise, affecting, directly or indirectly, thegrowth or other natural physiological process of produce of the soiland thereby affecting the produce's color, either before or afterharvest.
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 tothe commission for special institutions.
(b) "Commission", for purposes of IC 16-31, refers to the Indianaemergency medical services commission.
(c) "Commission", for purposes of IC 16-46-11.1, has the meaningset 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, hasthe 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 andIC 16-21-9, means the primary geographic area encompassing at leastthe entire county in which the hospital is located and patientcategories 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, hasthe 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 ofIC 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, hasthe 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 themeaning 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, hasthe 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 andIC 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 theabortion procedure to be performed, including disclosures andinformation required by IC 16-34-2-1.1; and
(2) as evidenced by the signature of the consenting party on aconsent 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 ordistributed 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 andIC 16-21-9, means the dollar value of cash donations and the fairmarket value at the time of donation of in kind donations to thehospital from individuals, organizations, or other entities. The termdoes not include the value of a donation designated or otherwiserestricted 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 inIC 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 16-42-1through IC 16-42-4, except as otherwise specifically provided by thissection, means any food, drug, device, or cosmetic as those terms aredefined 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 requirementsimposed under the Federal Insecticide, Fungicide, andRodenticide Act (7 U.S.C. 136) or the provisions of the eighthparagraph under the heading "Bureau of Animal Industry" ofthe 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), orSection 503(b)(1) or 506 of the Federal Act.
(4) A beverage subject to or complying with packaging orlabeling requirements imposed under the Federal AlcoholAdministration 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, hasthe 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 16-42-1through IC 16-42-4, applies to a food, drug, device, or cosmetic notsecurely protected from dust, dirt, and as far as necessary by allreasonable 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 themeaning 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, hasthe 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, hasthe 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, hasthe 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 createdunder 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 throughIC 16-42-4, means:
(1) articles intended to be rubbed, poured, sprinkled, or sprayedon, introduced into, or otherwise applied to the human body forcleansing, beautifying, promoting attractiveness, or altering theappearance; and
(2) articles intended for use as a component of any of thosearticles.
(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, hasthe 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, meansthe amount found by the Surgeon General of the United States to benecessary 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 careservices and hospice services council.
(3) For purposes of IC 16-28 and IC 16-29, the Indiana healthfacilities council.
(4) For purposes of IC 16-46-6, the interagency state council onblack 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 throughIC 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 infact 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 countythat 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 themeaning 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 themeaning 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 ofIC 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 themeaning 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 ofIC 16-41, means a communicable disease that is classified by thestate 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 inIC 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 themeaning 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 themeaning 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 themeaning set forth in IC 16-31-8.5-1.
(b) "Department", for purposes of IC 16-47-1, has the meaning setforth 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 orassistant state health commissioner to implement IC 16-41 in aspecific 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 16-42-4except 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, orprevention of disease in man or other animals; or
(2) to affect the structure or any function of the body of man orother 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 themeaning 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 thedirector of the office of women's health established byIC 16-19-13-2.
(b) "Director", for purposes of IC 16-19-14, refers to the directorof the office of minority health established by IC 16-19-14-4.
(c) "Director", for purposes of IC 16-27, means the individualacting under the authority of and assigned the responsibility by thestate 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 theresponsibility by the state health commissioner to implementIC 16-28, IC 16-29, and IC 16-30.
(e) "Director", for purposes of IC 16-31, refers to the executivedirector of the department of homeland security established byIC 10-19-2-1.
(f) "Director", for purposes of IC 16-35-2, refers to the director ofthe 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 inIC 16-21-8-0.1.
(2) For purposes of IC 16-22-8, the meaning set forth inIC 16-22-8-3.
(3) For purposes of IC 16-27, a group of individuals under thesupervision of the director within the state department assignedthe responsibility of implementing IC 16-27.
(4) For purposes of IC 16-2