2013 Indiana Code
TITLE 12. HUMAN SERVICES
ARTICLE 24. STATE INSTITUTIONS
CHAPTER 17. OFFENSES
Download as PDF
<![CDATA[
IC 12-24-17
Chapter 17. Offenses
IC 12-24-17-1
"Administrator" defined
Sec. 1. (a) As used in this chapter, "administrator" means a person
who is the administrative head of a hospital, a sanitarium, an
institution, an agency, or an instrumentality:
(1) maintained or provided by the United States or an agency or
instrumentality of the United States; and
(2) where mental illnesses or developmental disabilities are
treated.
(b) The term, for purposes of this chapter and a court order,
includes successors in office.
As added by P.L.2-1992, SEC.18. Amended by P.L.6-1995, SEC.19.
IC 12-24-17-2
"Patient" defined
Sec. 2. As used in this chapter, "patient" means an individual who:
(1) has a mental illness or appears to have a mental illness;
(2) is in or under the supervision and control of a state
institution; or
(3) because of mental illness, is under the supervision and
control of a circuit or superior court of Indiana.
As added by P.L.2-1992, SEC.18. Amended by P.L.99-2007,
SEC.119.
IC 12-24-17-3
Neglect, abuse, or maltreatment of a patient in a state institution;
penalty
Sec. 3. A person who:
(1) neglects, when the person has a duty of care;
(2) abuses; or
(3) maltreats;
an individual with a mental illness or an individual with a
developmental disability under the care of a state institution commits
a Class B misdemeanor.
As added by P.L.2-1992, SEC.18. Amended by P.L.6-1995, SEC.20;
P.L.99-2007, SEC.120.
IC 12-24-17-4
Knowledge of alleged violation of IC 12-24-17-3; failure to make
written report to superintendent
Sec. 4. A person who:
(1) knows of an alleged violation of section 3 of this chapter;
and
(2) fails to make a written report to the superintendent within
twenty-four (24) hours of the alleged violation;
commits a Class A infraction.
As added by P.L.2-1992, SEC.18.
IC 12-24-17-5
Receipt by superintendent of report of alleged violation;
investigation; reporting requirements
Sec. 5. (a) A superintendent who receives a written report of an
alleged violation of section 3 of this chapter shall begin an
investigation within twenty-four (24) hours after receipt of the
written report.
(b) In accordance with IC 31-33, the superintendent shall report
the alleged violation of section 3 of this chapter to either of the
following:
(1) The department of child services if the alleged victim is less
than eighteen (18) years of age.
(2) The adult protective services unit designated under
IC 12-10-3 if the alleged victim is at least eighteen (18) years of
age.
As added by P.L.2-1992, SEC.18. Amended by P.L.4-1993, SEC.202;
P.L.5-1993, SEC.215; P.L.1-1997, SEC.85; P.L.234-2005, SEC.78.
IC 12-24-17-6
Unauthorized dealing or contracting by state institution employee
with or for a patient concerning money or property
Sec. 6. An employee of a state institution who does any of the
following commits a Class B misdemeanor:
(1) Knowingly deals with, contracts with, purchases from, or
purchases for a patient in the state institution any property
without the permission of the superintendent.
(2) Lends to or borrows from a patient money or other property.
As added by P.L.2-1992, SEC.18.
IC 12-24-17-7
Enticing or taking a patient away or aiding a patient to escape
from the custody of an administrator or a superintendent
Sec. 7. A person who:
(1) recklessly entices or takes a patient away; or
(2) aids, induces, or causes a patient to escape;
from an administrator or a superintendent who has been granted
custody of the patient commits a Class B misdemeanor.
As added by P.L.2-1992, SEC.18.
IC 12-24-17-8
Releasing information concerning a patient's medical records or
treatment without written consent of patient, parent, or guardian
Sec. 8. A person who knowingly or intentionally releases
information concerning a patient's medical records or treatment
under IC 12-24-11 or IC 16-39-2 without the knowing, written
consent of the patient or the patient's parent or guardian commits a
Class B infraction.
As added by P.L.2-1992, SEC.18. Amended by P.L.40-1994, SEC.53.
]]>
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
