IC 16-41-16
    Chapter 16. Communicable Disease: Treatment of InfectiousWaste

IC 16-41-16-1
Application of chapter
    Sec. 1. (a) This chapter applies to persons and facilities thathandle infectious waste, including the following:
        (1) Hospitals.
        (2) Ambulatory surgical facilities.
        (3) Medical laboratories.
        (4) Diagnostic laboratories.
        (5) Blood centers.
        (6) Pharmaceutical companies.
        (7) Academic research laboratories.
        (8) Industrial research laboratories.
        (9) Health facilities.
        (10) Offices of health care providers.
        (11) Diet or health care clinics.
        (12) Offices of veterinarians.
        (13) Veterinary hospitals.
        (14) Emergency medical services providers.
        (15) Mortuaries.
    (b) Except as provided in sections 2, 4, and 7.5 of this chapter,this chapter does not apply to:
        (1) home health agencies; or
        (2) hospice services delivered in the home of a hospice patient.
As added by P.L.2-1993, SEC.24. Amended by P.L.146-1996, SEC.5.

IC 16-41-16-2
Contaminated sharp
    Sec. 2. (a) As used in this chapter, "contaminated sharp" means anobject that meets the following conditions:
        (1) Is capable of cutting or penetrating the skin.
        (2) Has been in contact with blood or body fluids.
    (b) The term includes a hypodermic or suture needle, syringe,scalpel blade, pipette, lancet, or broken glass.
As added by P.L.2-1993, SEC.24.

IC 16-41-16-3
Effective treatment
    Sec. 3. (a) As used in this chapter, "effective treatment" meanstreatment that meets the following conditions:
        (1) Reduces the pathogenic qualities of infectious waste to apoint where the waste is safe to handle.
        (2) Is designed for the specific waste involved.
        (3) Is carried out in a manner consistent with rules adopted bythe state department under section 8 of this chapter.
    (b) The term includes the following:
        (1) Incineration.        (2) Steam sterilization.
        (3) Chemical disinfection.
        (4) Thermal inactivation.
        (5) Irradiation.
As added by P.L.2-1993, SEC.24.

IC 16-41-16-4
Infectious waste
    Sec. 4. (a) Except as provided in subsection (c), as used in thischapter, "infectious waste" means waste that epidemiologic evidenceindicates is capable of transmitting a dangerous communicabledisease (as defined by rule adopted under IC 16-41-2-1).
    (b) The term includes the following:
        (1) Pathological wastes.
        (2) Biological cultures and associated biologicals.
        (3) Contaminated sharps.
        (4) Infectious agent stock and associated biologicals.
        (5) Blood and blood products in liquid or semiliquid form.
        (6) Laboratory animal carcasses, body parts, and bedding.
        (7) Wastes (as described under section 8 of this chapter).
    (c) "Infectious waste", as the term applies to a:
        (1) home health agency; or
        (2) hospice service delivered in the home of a hospice patient;
includes only contaminated sharps.
As added by P.L.2-1993, SEC.24. Amended by P.L.146-1996, SEC.6.

IC 16-41-16-5
Pathological waste
    Sec. 5. As used in this chapter, "pathological waste" includes:
        (1) tissues;
        (2) organs;
        (3) body parts; and
        (4) blood or body fluids in liquid or semiliquid form;
that are removed during surgery, biopsy, or autopsy.
As added by P.L.2-1993, SEC.24.

IC 16-41-16-6
Secure area
    Sec. 6. As used in this chapter, "secure area" means an area thatis designed and maintained to prevent the entry of unauthorizedpersons.
As added by P.L.2-1993, SEC.24.

IC 16-41-16-7
Treatment of infectious waste
    Sec. 7. (a) Before infectious waste is placed in an area that is nota secure area and before the waste is sent for final disposal, allinfectious waste must be:
        (1) effectively treated on site; or
        (2) transported off site for effective treatment;according to rules adopted under section 8 of this chapter.
    (b) A facility shall treat liquid infectious waste or excreta that areinfectious waste as required by subsection (a) or flush the liquidinfectious waste or excreta that are infectious waste in compliancewith rules adopted under IC 4-22-2.
As added by P.L.2-1993, SEC.24.

IC 16-41-16-7.5
Treatment of noninfectious waste
    Sec. 7.5. Any waste that is not infectious waste (as defined insection 4(c) of this chapter) must be double bagged and tied toprotect handlers.
As added by P.L.146-1996, SEC.7.

IC 16-41-16-8
Rules
    Sec. 8. (a) After consulting with an advisory committee composedof representatives of persons or facilities that handle infectiouswastes, the state department shall adopt rules under IC 4-22-2necessary to carry out this chapter.
    (b) The state department shall adopt rules under this section afterconsidering the guidelines of the following:
        (1) United States Environmental Protection Agency.
        (2) United States Centers for Disease Control.
        (3) United States Occupational Safety and HealthAdministration.
        (4) State department of labor.
        (5) State department of environmental management.
    (c) The state department shall adopt rules under this section thatestablish an alternative to 410 IAC 1-3-28 to allow a person orfacility that transports infectious waste offsite to label each containerof infectious waste in a manner that:
        (1) does not specifically identify the generating facility ortreatment facility; and
        (2) ensures that the identity of the generating facility ortreatment facility may be readily obtained based on the labelinformation.
As added by P.L.2-1993, SEC.24. Amended by P.L.128-1997, SEC.9.

IC 16-41-16-9
Inspections on private property
    Sec. 9. (a) The state department may designate an agent who mayenter on private property to inspect for and investigate possibleviolations of this chapter or rules adopted under this chapter if thefollowing conditions are met:
        (1) The agent has probable cause to believe that evidence of ahealth threat exists on private property.
        (2) The agent presents proper credentials.
        (3) Emergency circumstances exist or a warrant is issued.
    (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 16-41-16-10
Orders of compliance; civil penalties
    Sec. 10. (a) The state department may commence an action underIC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of complianceand a civil penalty not to exceed one thousand dollars ($1,000) perviolation per day against a person who:
        (1) fails to comply with this chapter or a rule adopted under thischapter; or
        (2) interferes with or obstructs the state department or the statedepartment's designated agent in the performance of officialduties under this chapter or a rule adopted under this chapter.
    (b) The state department may commence an action against afacility licensed by the state department under either subsection (a)or the licensure statute for that facility, but the state department maynot bring an action arising out of one (1) incident under both statutes.
As added by P.L.2-1993, SEC.24.

IC 16-41-16-11
Violations
    Sec. 11. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.