TEXT OF LAW:
IC 35-42-2-7 Sec. 7.
(a) As used in this section, "tattoo" means:
(1) any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or
(2) any design, letter, scroll, figure, or symbol done by scarring; upon or under the skin.
(b) As used in this section, "body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other
decoration or for some other nonmedical purpose.
(c) Except as provided in subsection (e), a person who provides a tattoo to a person who is less than eighteen (18) years of age commits tattooing a minor, a
Class A misdemeanor.
(d) This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the
course of the health care professional's practice. Except as provided in subsection (e), a person who performs body piercing upon a person who is less than
eighteen (18) years of age commits body piercing a minor, a Class A misdemeanor.
(e) A person may provide a tattoo to a person who is less than eighteen (18) years of age or perform body piercing upon a person who is less than eighteen
(18) years of age if a parent or legal guardian of the person receiving the tattoo or undergoing the body piercing:
(1) is present at the time the tattoo is provided or the body piercing is performed; and
(2) provides written permission for the person to receive the tattoo or undergo the body piercing.
(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or more restrictive than this section
or a rule adopted under IC 16-19-3-4.1 or IC 16-19-3-4.2.
As added by P.L.181-1997, SEC.3. Amended by P.L.166-1999, SEC.2.
IC 25-22.5-1-1.1
As used in this article:
(a) "Practice of medicine or osteopathic medicine" means any one (1) or a combination of the following:
(1) Holding oneself out to the public as being engaged in:
(A) the diagnosis, treatment, correction, or prevention of any disease, ailment, defect, injury, infirmity, deformity, pain, or other
condition of human beings;
(B) the suggestion, recommendation, or prescription or administration of any form of treatment, without limitation;
(C) the performing of any kind of surgical operation upon a human being, including tattooing, except for tattooing (as defined in IC
35-42-2-7), in which human tissue is cut, burned, or vaporized by the use of any mechanical means, laser, or ionizing radiation, or
the penetration of the skin or body orifice by any means, for the intended palliation, relief, or cure; or
(D) the prevention of any physical, mental, or functional ailment or defect of any person.
IC 16-19-3 Chapter 3.
Powers and Duties of State Department of Health and Executive Board
IC 16-19-3-1 Sec. 1.
The state department shall supervise the health and life of the citizens of Indiana and shall possess all powers necessary to fulfill the duties prescribed in the statutes and
to bring action in the courts for the enforcement of health laws and health rules.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-2 Sec. 2.
(a) The state department may establish, operate, and maintain branch offices. The number of branch offices shall be determined by the state department.
(b) The purpose of authorizing the creation of branch offices is to furnish a more comprehensive and effective health program to the people of Indiana and to
provide additional assistance to all local health officials. The legislative intent of this section is to authorize the establishment of branch offices as a means of
assisting, but not limiting, the powers possessed by local health agencies.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-3 Sec. 3.
For the purpose of providing facilities for branch offices, the state department may, with the approval of the governor, purchase or lease real property. Structures may be
remodeled, repaired, constructed, and maintained. A building may not be constructed upon property not owned in fee simple by the state. All deeds and leases shall be
made to the state for the use of the state department. These procedures and powers shall be exercised under IC 4-13-2 where applicable.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-4 Sec. 4.
(a) The executive board may, by an affirmative vote of a majority of its members, adopt reasonable rules on behalf of the state department to protect or to
improve the public health in Indiana.
(b) The rules may concern but are not limited to the following:
(1) Nuisances dangerous to public health.
(2) The pollution of any water supply other than where jurisdiction is in the water pollution control board and department of environmental
management.
(3) The disposition of excremental and sewage matter.
(4) The control of fly and mosquito breeding places.
(5) The detection, reporting, prevention, and control of diseases that affect public health.
(6) The care of maternity and infant cases and the conduct of maternity homes.
(7) The production, distribution, and sale of human food.
(8) The conduct of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for public use.
(11) The handling, disposal, disinterment, and reburial of dead human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and grounds, including plumbing, drainage, sewage disposal, water supply, lighting,
heating, and ventilation, other than where jurisdiction is vested by law in the fire prevention and building safety commission or other state
agency.
(14) The design, construction, and operation of swimming and wading pools. However, the rules governing swimming and wading pools do not
apply to a pool maintained by an individual for the sole use of the individual's household and house guests.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-4.1 Sec. 4.1.
The executive board shall adopt reasonable rules to regulate the sanitary operation of tattoo parlors.
As added by P.L.181-1997, SEC.2.
IC 16-19-3-4.2 Sec. 4.2.
The executive board shall adopt reasonable rules to regulate the sanitary operation of body piercing facilities.
As added by P.L.166-1999, SEC.1.
IC 16-19-3-5 Sec. 5.
The executive board may adopt rules on behalf of the state department for the efficient enforcement of this title, except as otherwise provided. However, fees for inspections
relating to weight and measures may not be established by the rules.
As added by P.L.2-1993, SEC.2. Amended by P.L.80-1999, SEC.1.
IC 16-19-3-6 Sec. 6.
The rules of the state department may not be inconsistent with this title or any other Indiana statute.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-7 YAMD.1993 Sec. 7.
The state department may make sanitary inspections and surveys throughout Indiana and of all public buildings and institutions. After due notice is given, the state
department may enter upon and inspect private property in regard to the presence of cases of infectious and contagious diseases and the possible cause and source of
diseases.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-8 Sec. 8.
The state department may enforce all laws and rules concerning the character and location of plumbing, drainage, water supply, disposal of sewage, lighting, heating, and
ventilation and all sanitary features of all public buildings and institutions.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-9 Sec. 9.
The state department may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-10 Sec. 10.
The state department may order schools and churches closed and forbid public gatherings when considered necessary to prevent and stop epidemics.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-11 Sec. 11.
The state department may issue an order condemning or abating conditions causative of disease.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-12 Sec. 12.
(a) When, in the opinion of the state department:
(1) a local health authority fails or refuses to enforce the laws and rules necessary to prevent and control the spread of communicable or
infectious disease declared to be dangerous to the public health; or
(2) a public health emergency exists; the state department may enforce the orders and rules of the state department within the territorial
jurisdiction of the local health authorities. In that situation, the state department may exercise all the powers given by law to local health
authorities. All expenses incurred are charges against the respective counties or cities.
(b) In such cases, the failure or refusal of any local health officer or local health board to carry out and enforce the lawful orders and rules of the state
department is sufficient cause for the removal of the local health officer or the members of the local health board from office.
(c) Upon removal of a local health officer or a member of the local health board, the proper county or city authorities shall immediately appoint a successor,
other than the person removed, as provided by law for original appointments.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-13 Sec. 13.
The state department may remove a local health officer in the state for any of the following reasons:
(1) Intemperance.
(2) Failure to collect vital statistics.
(3) Failure to obey rules.
(4) Failure to keep records.
(5) Failure to make reports.
(6) Failure to answer letters of inquiry of the state department concerning the health of the people.
(7) Neglect of official duty.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-14 Sec. 14.
A local health officer may not be removed by the state department except under the procedure provided by law for the removal of an officer or employee for cause by a state
officer or agency.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-15 Sec. 15.
A health officer removed as provided in this chapter is ineligible to hold the position of health officer for four (4) years. The vacancy shall be filled for the unexpired term in
the same manner as the original appointment or employment.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-16 Sec. 16.
The state department may conduct hearings, issue orders, and take action on behalf of the state for the enforcement of orders as necessary to regulate the use of existing
or proposed sanitary systems that do not meet or would not meet health standards established by the state department under law or rule as means, by the use of the state
department's police power, to abate or prevent the pollution of streams, rivers, lakes, and other bodies of water.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-17 Sec. 17.
Whenever a hearing is provided for or authorized to be held by the state department, the state department may designate a person as the state department's agent or
representative to conduct the hearings. The agent or representative shall conduct the hearings in the manner provided by law.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-18 Sec. 18.
(a) The state department may bring a proceeding against any person against whom a final order or determination has been made to compel compliance. The
court in such an action has jurisdiction to enforce the order or determination by injunction.
(b) Except as otherwise provided, the state department may bring an action to enforce this title, except as otherwise stated. Such an action shall be brought
in the name of the state. The court in such an action has jurisdiction to compel or enforce the provisions of this title by injunction.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-19 Sec. 19.
The state department shall study the vital statistics and endeavor to make intelligent and profitable use of the collected records of death and sickness among the people.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-20 Sec. 20.The state department shall provide facilities and personnel for investigation, research, and dissemination of knowledge to the public concerning dental public health.
As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC.5.
IC 16-19-3-21 Sec. 21.
The state department may:
(1) operate; and
(2) designate local boards that qualify to operate; programs in the public interest, to provide for the care of certain individuals in each individual's place of
residence. Eligibility for participation includes individuals who come within the purview of the federal Social Security Act (42 U.S.C. 301 et seq.). The state
department and the designated local boards shall periodically establish a schedule of reasonable fees for this service and shall collect the fees as prescribed
by IC 16-20-1-27.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-22 Sec. 22.
(a) The state department shall maintain a toll-free telephone answering service to provide information on safety precautions and emergency procedures with
regard to poisons.
(b) The telephone number shall be widely disseminated throughout Indiana and shall be manned on a twenty-four (24) hour per day basis.
(c) The telephone companies in Indiana, the state department, all hospitals, and all other boards or commissions registering or licensing health care
professions or emergency medical services shall cooperate in making the toll-free telephone number available to the public.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-23 Sec. 23.
(a) The state department shall maintain a toll-free telephone line to provide information, referral, follow-up, and personal assistance concerning federal, state,
local, and private programs that provide services to children less than twenty-one (21) years of age with long term health care needs. The state department
shall provide the telephone service to the following:
(1) Families with children having long term health care needs.
(2) Health care providers.
(3) Employees of state and local governmental entities.
(4) Educators.
(5) Other entities that provide services to children with long term health care needs.
(b) The state department may adopt rules under IC 4-22-2 to implement this section.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-24 Sec. 24.
The state department shall administer the Indiana acquired immune deficiency drug assistance program.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-25 Sec. 25.
(a) This section applies to inspections performed by the state department.
(b) Except as provided in this section, until the recipient of an inspection report has had ten (10) calendar days to respond to the inspection report the state
department may not release to the public:
(1) the inspection report; or
(2) records relating to the inspection.
(c) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time stated in subsection (b) if
the state department determines that the release is necessary to:
(1) protect the public from an imminent threat to health or safety;
(2) protect the consumers of health services from an imminent threat to health or safety; or
(3) protect the public from a gross deception or fraud.
(d) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time period in subsection (b):
(1) if the state department orders closure of a regulated entity; or
(2) after receipt of the regulated entity's written consent to the release of the inspection report and records relating to the inspection.
(e) With respect to a recipient of an inspection performed by the state department, the period of time described in subsection (b) begins as follows:
(1) If the inspection report is personally delivered to the recipient, on the date of delivery.
(2) If the inspection report is deposited in the United States mail, three (3) days after the date of deposit in the United States mail.
(f) After an inspection report is released under this section, the inspection report and records relating to the inspection may be inspected and copied as set
forth in IC 5-14-3.
As added by P.L.190-1995, SEC.1.
IC 16-19-3-26 Sec. 26.
The state department shall select appropriate organ procurement organizations to which the funds generated under IC 9-18-2-16(b)(3) shall be distributed.
As added by P.L.96-1997, SEC.3.
|
