CHAPTER 2. DEFINITIONS - Indiana Statutes

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, means any measure or set of measures designed to permanently eliminate lead-based paint hazards. The term includes the following:
        (1) The removal of lead-based paint and lead-contaminated dust.
        (2) The permanent enclosure or encapsulation of lead-based paint.
        (3) The replacement of lead-painted surfaces or fixtures.
        (4) The removal or covering of lead-contaminated soil.
        (5) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with subdivisions (1) through (4).
        (6) A project for which there is a written contract or other documentation, providing that a person will be conducting activities in or to a residential dwelling or child occupied facility that:
            (A) will permanently eliminate lead-based paint hazards; or
            (B) are designed to permanently eliminate lead-based paint hazards as described under subdivisions (1) through (5).
        (7) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons certified under 40 CFR 745.226 or IC 16-41-39.8, unless the project is described under subsection (b) or (c).
        (8) A project resulting in the permanent elimination of lead-based paint hazards, conducted by persons who, through the person's company name or promotional literature, represent, advertise, or hold themselves out to be in the business of performing lead-based paint activities, unless those projects are described under subsection (b) or (c).
        (9) A project resulting in the permanent elimination of lead-based paint hazards that is conducted in response to state or local abatement orders.
    (b) The term does not include renovation, remodeling, landscaping, or other activities when those activities are not designed to permanently eliminate lead-based paint hazards but are designed to repair, restore, or remodel a structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards.
    (c) The term does not include interim controls, operations, or maintenance activities or other measures designed to temporarily reduce 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 pregnancy with an intention other than to produce a live birth or to remove a dead 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, means a 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 as an ambulatory outpatient surgical center under IC 16-21-2.
        (3) A physician's office as long as the surgical procedures performed at the physician's office are not primarily surgical abortion 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 of IC 16-21-8, means the following:
        (1) Initial pregnancy and sexually transmitted disease testing related to an alleged sex crime.
        (2) Prophylactic medication related to pregnancy, pregnancy testing, or sexually transmitted disease testing. However, this subdivision does not include HIV prophylactic medication that may be paid at the discretion of the victim services division of the Indiana criminal justice institute.
        (3) Alcohol and drug testing.
        (4) Syphilis testing up to ninety (90) days after an alleged sex crime.
        (5) Pregnancy testing up to thirty (30) days after an alleged sex crime.
        (6) Mental health counseling concerning problems directly related 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 of IC 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", for purposes 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 the meaning 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 the tissue 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 the governor has declared a disaster emergency under IC 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 and that is more advanced than the care usually provided by an emergency medical technician or an emergency medical technician-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 through IC 16-42-4, means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, 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, refers to the lead-safe housing advisory council established by IC 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 the meaning set forth in IC 16-23.5-1-2.
    (b) "Agency", for purposes of IC 16-40-5, has the meaning set forth in IC 16-40-5-1.
    (c) "Agency", for purposes of IC 16-41-37, has the meaning set forth 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 of IC 16-39, means recorded or unrecorded information concerning the diagnosis, treatment, or prognosis of a patient receiving alcohol or drug 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 a conveyance on:
        (1) land;         (2) sea; or
        (3) air;
that is used or is intended to be used for the purpose of responding to emergency life-threatening situations and providing emergency transportation 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 purposes of IC 16-21 and IC 16-38-2, means a public or private institution that meets the following conditions:
        (1) Is established, equipped, and operated primarily for the purpose of performing surgical procedures and services.
        (2) Is operated under the supervision of at least one (1) licensed physician or under the supervision of the governing board of the hospital if the center is affiliated with a hospital.
        (3) Permits a surgical procedure to be performed only by a physician, dentist, or podiatrist who meets the following conditions:
            (A) Is qualified by education and training to perform the surgical procedure.
            (B) Is legally authorized to perform the procedure.
            (C) Is privileged to perform surgical procedures in at least one (1) hospital within the county or an Indiana county adjacent to the county in which the ambulatory outpatient surgical center is located.
            (D) Is admitted to the open staff of the ambulatory outpatient surgical center.
        (4) Requires that a licensed physician with specialized training or experience in the administration of an anesthetic supervise the administration of the anesthetic to a patient and remain present in the facility during the surgical procedure, except when only a local infiltration anesthetic is administered.
        (5) Provides at least one (1) operating room and, if anesthetics other than local infiltration anesthetics are administered, at least one (1) postanesthesia recovery room.
        (6) Is equipped to perform diagnostic x-ray and laboratory examinations required in connection with any surgery performed.
        (7) Does not provide accommodations for patient stays of longer than twenty-four (24) hours.
        (8) Provides full-time services of registered and licensed nurses for the professional care of the patients in the postanesthesia recovery room.
        (9) Has available the necessary equipment and trained personnel to handle foreseeable emergencies such as a defibrillator for cardiac arrest, a tracheotomy set for airway obstructions, 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 develop complications or require postoperative confinement.
        (11) Provides for the periodic review of the center and the center's operations by a committee of at least three (3) licensed physicians having no financial connections with the center.
        (12) Maintains adequate medical records for each patient.
        (13) Meets all additional minimum requirements as established by the state department for building and equipment requirements.
        (14) Meets the rules and other requirements established by the state department for the health, safety, and welfare of the patients.
    (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, means a material, compound, mixture, or preparation that contains an anabolic 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 the meaning 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 the meaning set forth in IC 16-25-1.1-2.
    (b) "Applicant", for purposes of IC 16-26-2, has the meaning set forth 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, has the 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 the meaning 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 and IC 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 of IC 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 the meaning 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 the meaning 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 and Materials.
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 the meaning 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 of IC 16-27-1 and IC 16-27-4, means services:
        (1) that could be performed by an impaired individual for whom the 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 rather than in an institution; and
            (B) to carry out functions of daily living, self-care, and mobility.
    (b) The term includes the following:
        (1) Assistance in getting in and out of beds, wheelchairs, and motor 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 providing assistance in the handling or ingesting of noncontrolled substance medications, including eye drops, herbs, supplements, and over-the-counter medications; and
            (B) to an individual who is unable to accomplish the task due to an impairment and who is:                 (i) competent and has directed the services; or
                (ii) incompetent and has the services directed by a competent individual who may consent to health care for the 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 who has the primary responsibility for the treatment and care of the patient. For purposes of IC 16-36-5, the term includes a physician licensed 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 under IC 16-22-6-2.
        (2) For purposes of IC 16-22-7, the authority created under IC 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 and syringe:
        (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, has the 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 meaning set 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 or emergency medical technician-basic advanced of epinephrine through an auto-injector.
        (10) For an emergency medical technician-basic advanced, the following:
            (A) Electrocardiogram interpretation.
            (B) Manual external defibrillation.
            (C) Intravenous fluid therapy.
        (11) Other procedures authorized by the Indiana emergency medical services commission, including procedures contained in the revised national emergency medical technician basic training curriculum guide.
    (b) Except as provided by:
        (1) subsection (a)(9) and the training and certification standards established 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 or advanced 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 of IC 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 meaning set 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 the meaning 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 and IC 16-21-7.5, means a freestanding entity that has the sole purpose of delivering a normal or uncomplicated pregnancy.
    (b) The term does not include a hospital that is licensed as a hospital 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 the meaning 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 the meaning set forth in IC 16-22-8-2.1.
    (b) "Board", for purposes of IC 16-41-42.2, has the meaning set forth 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 the meaning 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 an establishment in which space in individual lockers is rented to individuals for the storage of food at not more than forty-five (45) degrees Fahrenheit after the food has been prepared for storage at a central 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 the meaning 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 as provided in subsection (b), means a building, or an addition, for hospital purposes, and includes the site if a site is acquired, the equipment, heating facilities, sewage disposal facilities, landscaping, walks, drives, parking facilities and other structures, facilities, appurtenances, materials, and supplies that may be necessary to render that building suitable for use and occupancy for hospital purposes.
    (b) "Building", for purposes of IC 16-22-2, has the meaning set forth in subsection (a) and includes, in the discretion of the governing 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, has the 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", for purposes 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 who has:
        (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 the meaning set forth in IC 16-19-10-1.
    (b) "Center", for purposes of IC 16-33-3, has the meaning set forth in 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 emergency medical services commission to a person to furnish, operate, conduct, maintain, advertise, or otherwise engage in providing emergency medical 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 and IC 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 indigent or medically indigent on an inpatient or outpatient basis; and
        (2) to financially indigent patients through other nonprofit or public outpatient clinics, hospitals, or health care organizations.
    (b) As used in this section, "financially indigent" means an uninsured or underinsured person who is accepted for care with no obligation or a discounted obligation to pay for the services rendered based on the hospital's financial criteria and procedure used to determine if a patient is eligible for charity care. The criteria and procedure must include income levels and means testing indexed to the federal poverty guidelines. A hospital may determine that a person is financially or medically indigent under the hospital's eligibility system after health care services are provided.
    (c) As used in this section, "medically indigent" means a person whose medical or hospital bills after payment by third party payors exceed a specified percentage of the patient's annual gross income as determined in accordance with the hospital's eligibility system, and who 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 meaning set 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 meaning set 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, has the 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-based paint activities and IC 16-41-39.8, means a building or a portion of a 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 in clause (A), (B), or (C):
            (A) The child visits at least two (2) days a week (Sunday through 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 calendar year total at least sixty (60) hours.
The term includes day care centers, preschools, and kindergarten classrooms.
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 meaning set 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 the meaning 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, has the 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 of IC 16-41-39.4, means an activity conducted by a clearance examiner who is licensed under IC 16-41-39.8 to establish proper completion of 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 meaning set 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 to create 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 reproductive capability through the manipulation of human oocytes or embryos, 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 given written consent for the use of the fetal stem cells.
            (C) Embryonic stem cells from lines that are permissible for use 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 the storage of foods for at least thirty (30) days and at a temperature of not 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 the following conditions:
        (1) Uses refrigerating machinery or ice for the purpose of refrigeration.
        (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 used exclusively for the storage of raw, unprocessed fruits or vegetables produced by the farmer on the farmer's farm.
        (3) Cold storage equipment used to store perishable foods or food products in conjunction with a dairy operation or a retail grocery.
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 of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral, or other source; or
        (2) when added or applied to a food, drug, or cosmetic or to the human body is capable (alone or through reaction with other substances) of imparting color.
The term does not include any material that has been exempted under the Federal Act.
    (b) Subsection (a) does not apply to a pesticide chemical, soil or plant nutrient, or otherwise, affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil and thereby affecting the produce's color, either before or after harvest.
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 to the commission for special institutions.
    (b) "Commission", for purposes of IC 16-31, refers to the Indiana emergency medical services commission.
    (c) "Commission", for purposes of IC 16-46-11.1, has the meaning set 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, has the 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 and IC 16-21-9, means the primary geographic area encompassing at least the entire county in which the hospital is located and patient categories 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, has the 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 of IC 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, has the 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 the meaning 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, has the 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 and IC 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 the abortion procedure to be performed, including disclosures and information required by IC 16-34-2-1.1; and
        (2) as evidenced by the signature of the consenting party on a consent 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 or distributed 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 and IC 16-21-9, means the dollar value of cash donations and the fair market value at the time of donation of in kind donations to the hospital from individuals, organizations, or other entities. The term does not include the value of a donation designated or otherwise restricted 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 in IC 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 16-42-1 through IC 16-42-4, except as otherwise specifically provided by this section, means any food, drug, device, or cosmetic as those terms are defined 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 requirements imposed under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the 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), or Section 503(b)(1) or 506 of the Federal Act.
        (4) A beverage subject to or complying with packaging or labeling requirements imposed under the Federal Alcohol Administration 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, has the 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 16-42-1 through IC 16-42-4, applies to a food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as necessary by all reasonable 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 the meaning 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, has the 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, has the 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, has the 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 created under 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 through IC 16-42-4, means:
        (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance; and
        (2) articles intended for use as a component of any of those articles.
    (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, has the 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, means the amount found by the Surgeon General of the United States to be necessary 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 care services and hospice services council.
        (3) For purposes of IC 16-28 and IC 16-29, the Indiana health facilities council.
        (4) For purposes of IC 16-46-6, the interagency state council on black 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 through IC 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 in fact 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 county that 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 the meaning 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 the meaning 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 of IC 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 the meaning 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 of IC 16-41, means a communicable disease that is classified by the state 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 in IC 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 the meaning 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 the meaning 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 the meaning set forth in IC 16-31-8.5-1.
    (b) "Department", for purposes of IC 16-47-1, has the meaning set forth 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 or assistant state health commissioner to implement IC 16-41 in a specific 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 16-42-4 except 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, or prevention of disease in man or other animals; or
        (2) to affect the structure or any function of the body of man or other 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 the meaning 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 the director of the office of women's health established by IC 16-19-13-2.
    (b) "Director", for purposes of IC 16-19-14, refers to the director of the office of minority health established by IC 16-19-14-4.
    (c) "Director", for purposes of IC 16-27, means the individual acting under the authority of and assigned the responsibility by the state 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 the responsibility by the state health commissioner to implement IC 16-28, IC 16-29, and IC 16-30.
    (e) "Director", for purposes of IC 16-31, refers to the executive director of the department of homeland security established by IC 10-19-2-1.
    (f) "Director", for purposes of IC 16-35-2, refers to the director of the 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 in IC 16-21-8-0.1.
        (2) For purposes of IC 16-22-8, the meaning set forth in IC 16-22-8-3.
        (3) For purposes of IC 16-27, a group of individuals under the supervision of the director within the state department assigned the responsibility of implementing IC 16-27.
        (4) For purposes of IC 16-2