2014 Indiana Code TITLE 35. CRIMINAL LAW AND PROCEDURE ARTICLE 45. OFFENSES AGAINST PUBLIC HEALTH, ORDER, AND DECENCY CHAPTER 21. OFFENSES AGAINST PUBLIC HEALTH
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IC 35-45-21
Chapter 21. Offenses Against Public Health
IC 35-45-21-1
Transferring contaminated body fluids
Sec. 1. (a) As used in this section, "blood" has the meaning set
forth in IC 16-41-12-2.5.
(b) A person who recklessly, knowingly, or intentionally donates,
sells, or transfers blood or semen for artificial insemination (as
defined in IC 16-41-14-2) that contains the human immunodeficiency
virus (HIV) commits transferring contaminated body fluids, a Level
5 felony.
(c) However, the offense under subsection (b) is a Level 3 felony
if it results in the transmission of the human immunodeficiency virus
(HIV) to any person other than the defendant.
(d) This section does not apply to:
(1) a person who, for reasons of privacy, donates, sells, or
transfers blood at a blood center (as defined in IC 16-41-12-3)
after the person has notified the blood center that the blood must
be disposed of and may not be used for any purpose;
(2) a person who transfers blood semen, or another body fluid
that contains the human immunodeficiency virus (HIV) for
research purposes; or
(3) a person who is an autologous blood donor for stem cell
transplantation.
As added by P.L.158-2013, SEC.547. Amended by P.L.213-2013,
SEC.18.
IC 35-45-21-2
Sale or distribution of HIV testing equipment
Sec. 2. (a) The sale or distribution of:
(1) diagnostic testing equipment or apparatus; or
(2) a blood collection kit;
intended for home use to diagnose or confirm human
immunodeficiency virus (HIV) infection or disease is prohibited
unless the testing equipment, apparatus, or kit has been approved for
such use by the federal Food and Drug Administration.
(b) A person who recklessly, knowingly, or intentionally violates
this section commits a Class A misdemeanor.
As added by P.L.158-2013, SEC.547.
IC 35-45-21-3
Failure of carriers of dangerous communicable diseases to warn
persons at risk
Sec. 3. (a) A person who recklessly violates or fails to comply
with IC 16-41-7 commits a Class B misdemeanor.
(b) A person who knowingly or intentionally violates or fails to
comply with IC 16-41-7-1 commits a Level 6 felony.
(c) Each day a violation described in this section continues
constitutes a separate offense.
As added by P.L.158-2013, SEC.547.
IC 35-45-21-4
Tattooing or body piercing a minor
Sec. 4. (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 recklessly,
knowingly, or intentionally 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
recklessly, knowingly, or intentionally 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.158-2013, SEC.547.
IC 35-45-21-5
Obstruction of delivery of prescription drug
Sec. 5. (a) The following definitions apply throughout this section:
(1) "Health care provider" refers to a health care provider (as
defined in IC 16-18-2-163(a), IC 16-18-2-163(b), or
IC 16-18-2-163(c)) or a qualified medication aide as described
in IC 16-28-1-11.
(2) "Licensed health professional" has the meaning set forth in
IC 25-23-1-27.1.
(3) "Practitioner" has the meaning set forth in IC 16-42-19-5.
However, the term does not include a veterinarian.
(4) "Prescription drug" has the meaning set forth in
IC 35-48-1-25.
(b) A person who knowingly or intentionally physically interrupts,
obstructs, or alters the delivery or administration of a prescription
drug:
(1) prescribed or ordered by a practitioner for a person who is
a patient of the practitioner; and
(2) without the prescription or order of a practitioner;
commits interference with medical services, a Class A misdemeanor,
except as provided in subsection (c).
(c) An offense described in subsection (b) is:
(1) a Level 6 felony if the offense results in bodily injury;
(2) a Level 5 felony if it is committed by a person who is a
licensed health care provider or licensed health professional;
(3) a Level 4 felony if it results in serious bodily injury to the
patient; and
(4) a Level 2 felony if it results in the death of the patient.
(d) A person is justified in engaging in conduct otherwise
prohibited under this section if the conduct is performed by:
(1) a health care provider or licensed health professional who
acts in good faith within the scope of the person's practice or
employment; or
(2) a person who is rendering emergency care at the scene of an
emergency or accident in a good faith attempt to avoid or
minimize serious bodily injury to the patient.
As added by P.L.158-2013, SEC.547.
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