IC 16-40-3
Chapter 3. Reporting Deaths or Complications From Morbid
Obesity 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 per
meter squared, with comorbidity or coexisting medical
conditions such as hypertension, cardiopulmonary conditions,
sleep apnea, or diabetes; or
(2) a body mass index of at least forty (40) kilograms per meter
squared without comorbidity.
For purposes of this section, body mass index is equal to weight in
kilograms 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; report
requirements
Sec. 2. (a) As used in this section, "major complication" means a
complication from surgical treatment for morbid obesity that:
(1) requires an extended hospitalization, additional surgical
treatment, or invasive drug therapy within thirty (30) days of
the original surgical treatment; or
(2) results in a permanent disability.
(b) As used in this section, "serious side effect" means a
nutritional deficiency that requires hospitalization or invasive
therapy.
(c) A physician who is licensed under IC 25-22.5 and who
performs a surgical treatment for the treatment of morbid obesity
shall do the following:
(1) Before performing surgery, discuss the following with the
patient:
(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 lifestyle
changes and dietary protocols.
(2) Monitor the patient for five (5) years following the patient's
surgery, unless the physician is unable to locate the patient after
making reasonable efforts.
(3) Report before June 30 and before December 31 of each
year:
(A) to; and
(B) in a manner prescribed by;
the state department any death, serious side effect, or major
complication of the patient.
(d) A report required by subsection (c)(3) must include the
following 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, or
major complication and the circumstances in which the death,
serious side effect, or major complication occurred.
(5) The comorbidities, body mass index, and waist
circumference of the patient:
(A) at the time of the surgical treatment; and
(B) thirty (30) days, ninety (90) days, and one (1) year after
surgical 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 the
information reported to the state department under section 2 of this
chapter.
(b) The reports made under section 2(c)(3) of this chapter are
confidential. However, the state department may compile statistical
reports from information contained in reports made under section
2(c)(3) of this chapter. Any statistical report is subject to public
inspection. 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 be
subject to disciplinary sanctions under IC 25-1-9 as if the physician
had knowingly violated a rule adopted by the medical licensing board
under 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 4-22-2
necessary 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.
IC 16-40-3
Chapter 3. Reporting Deaths or Complications From Morbid
Obesity 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 per
meter squared, with comorbidity or coexisting medical
conditions such as hypertension, cardiopulmonary conditions,
sleep apnea, or diabetes; or
(2) a body mass index of at least forty (40) kilograms per meter
squared without comorbidity.
For purposes of this section, body mass index is equal to weight in
kilograms 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; report
requirements
Sec. 2. (a) As used in this section, "major complication" means a
complication from surgical treatment for morbid obesity that:
(1) requires an extended hospitalization, additional surgical
treatment, or invasive drug therapy within thirty (30) days of
the original surgical treatment; or
(2) results in a permanent disability.
(b) As used in this section, "serious side effect" means a
nutritional deficiency that requires hospitalization or invasive
therapy.
(c) A physician who is licensed under IC 25-22.5 and who
performs a surgical treatment for the treatment of morbid obesity
shall do the following:
(1) Before performing surgery, discuss the following with the
patient:
(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 lifestyle
changes and dietary protocols.
(2) Monitor the patient for five (5) years following the patient's
surgery, unless the physician is unable to locate the patient after
making reasonable efforts.
(3) Report before June 30 and before December 31 of each
year:
(A) to; and
(B) in a manner prescribed by;
the state department any death, serious side effect, or major
complication of the patient.
(d) A report required by subsection (c)(3) must include the
following 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, or
major complication and the circumstances in which the death,
serious side effect, or major complication occurred.
(5) The comorbidities, body mass index, and waist
circumference of the patient:
(A) at the time of the surgical treatment; and
(B) thirty (30) days, ninety (90) days, and one (1) year after
surgical 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 the
information reported to the state department under section 2 of this
chapter.
(b) The reports made under section 2(c)(3) of this chapter are
confidential. However, the state department may compile statistical
reports from information contained in reports made under section
2(c)(3) of this chapter. Any statistical report is subject to public
inspection. 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 be
subject to disciplinary sanctions under IC 25-1-9 as if the physician
had knowingly violated a rule adopted by the medical licensing board
under 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 4-22-2
necessary 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.
IC 16-40-3
Chapter 3. Reporting Deaths or Complications From Morbid
Obesity 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 per
meter squared, with comorbidity or coexisting medical
conditions such as hypertension, cardiopulmonary conditions,
sleep apnea, or diabetes; or
(2) a body mass index of at least forty (40) kilograms per meter
squared without comorbidity.
For purposes of this section, body mass index is equal to weight in
kilograms 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; report
requirements
Sec. 2. (a) As used in this section, "major complication" means a
complication from surgical treatment for morbid obesity that:
(1) requires an extended hospitalization, additional surgical
treatment, or invasive drug therapy within thirty (30) days of
the original surgical treatment; or
(2) results in a permanent disability.
(b) As used in this section, "serious side effect" means a
nutritional deficiency that requires hospitalization or invasive
therapy.
(c) A physician who is licensed under IC 25-22.5 and who
performs a surgical treatment for the treatment of morbid obesity
shall do the following:
(1) Before performing surgery, discuss the following with the
patient:
(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 lifestyle
changes and dietary protocols.
(2) Monitor the patient for five (5) years following the patient's
surgery, unless the physician is unable to locate the patient after
making reasonable efforts.
(3) Report before June 30 and before December 31 of each
year:
(A) to; and
(B) in a manner prescribed by;
the state department any death, serious side effect, or major
complication of the patient.
(d) A report required by subsection (c)(3) must include the
following 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, or
major complication and the circumstances in which the death,
serious side effect, or major complication occurred.
(5) The comorbidities, body mass index, and waist
circumference of the patient:
(A) at the time of the surgical treatment; and
(B) thirty (30) days, ninety (90) days, and one (1) year after
surgical 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 the
information reported to the state department under section 2 of this
chapter.
(b) The reports made under section 2(c)(3) of this chapter are
confidential. However, the state department may compile statistical
reports from information contained in reports made under section
2(c)(3) of this chapter. Any statistical report is subject to public
inspection. 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 be
subject to disciplinary sanctions under IC 25-1-9 as if the physician
had knowingly violated a rule adopted by the medical licensing board
under 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 4-22-2
necessary 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.
