IC 16-40-3
    Chapter 3. Reporting Deaths or Complications From MorbidObesity Surgeries

IC 16-40-3-1
"Morbid obesity"
    Sec. 1. As used in this chapter, "morbid obesity" means:
        (1) a body mass index of at least thirty-five (35) kilograms permeter squared, with comorbidity or coexisting medicalconditions such as hypertension, cardiopulmonary conditions,sleep apnea, or diabetes; or
        (2) a body mass index of at least forty (40) kilograms per metersquared without comorbidity.
For purposes of this section, body mass index is equal to weight inkilograms divided by height in meters squared.
As added by P.L.196-2005, SEC.3.

IC 16-40-3-2
Physician discussions, monitoring, and reporting; reportrequirements
    Sec. 2. (a) As used in this section, "major complication" means acomplication from surgical treatment for morbid obesity that:
        (1) requires an extended hospitalization, additional surgicaltreatment, or invasive drug therapy within thirty (30) days ofthe original surgical treatment; or
        (2) results in a permanent disability.
    (b) As used in this section, "serious side effect" means anutritional deficiency that requires hospitalization or invasivetherapy.
    (c) A physician who is licensed under IC 25-22.5 and whoperforms a surgical treatment for the treatment of morbid obesityshall do the following:
        (1) Before performing surgery, discuss the following with thepatient:
            (A) The requirements to qualify for the surgery.
            (B) The details of the surgery.
            (C) The possible complications from the surgery.
            (D) The side effects from the surgery, including lifestylechanges and dietary protocols.
        (2) Monitor the patient for five (5) years following the patient'ssurgery, unless the physician is unable to locate the patient aftermaking reasonable efforts.
        (3) Report before June 30 and before December 31 of eachyear:
            (A) to; and
            (B) in a manner prescribed by;
        the state department any death, serious side effect, or majorcomplication of the patient.
    (d) A report required by subsection (c)(3) must include thefollowing information:        (1) The gender of the patient.
        (2) The name of the physician who performed the surgery.
        (3) The location where the surgery was performed.
        (4) Information concerning the death, serious side effect, ormajor complication and the circumstances in which the death,serious side effect, or major complication occurred.
        (5) The comorbidities, body mass index, and waistcircumference of the patient:
            (A) at the time of the surgical treatment; and
            (B) thirty (30) days, ninety (90) days, and one (1) year aftersurgical treatment.
        (6) Whether the patient has had previous abdominal surgery.
As added by P.L.196-2005, SEC.3. Amended by P.L.102-2006,SEC.2.

IC 16-40-3-3
Collection and maintenance of records; confidentiality of reports;statistical reports public record
    Sec. 3. (a) The state department shall collect and maintain theinformation reported to the state department under section 2 of thischapter.
    (b) The reports made under section 2(c)(3) of this chapter areconfidential. However, the state department may compile statisticalreports from information contained in reports made under section2(c)(3) of this chapter. Any statistical report is subject to publicinspection.
As added by P.L.196-2005, SEC.3. Amended by P.L.102-2006,SEC.3.

IC 16-40-3-4
Violations
    Sec. 4. A physician who knowingly violates this chapter may besubject to disciplinary sanctions under IC 25-1-9 as if the physicianhad knowingly violated a rule adopted by the medical licensing boardunder IC 25-22.5-2-7.
As added by P.L.196-2005, SEC.3.

IC 16-40-3-5
Rules
    Sec. 5. The state department shall adopt rules under IC 4-22-2necessary to implement this chapter.
As added by P.L.196-2005, SEC.3.

IC 16-40-3-6
Expiration
    Sec. 6. This chapter expires June 30, 2010.
As added by P.L.196-2005, SEC.3.