Ind. Code ch. 16-21-2

Ind. Code ch. 16-21-2
in effect

Ind. Code § 16-21-2-1 Applicability

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all hospitals, rural emergency hospitals, ambulatory outpatient surgical centers, and birthing centers. (b) This chapter does not apply to a hospital operated by the federal government. (c) This chapter does not affect a statute pertaining to the placement and adoption of children. [Pre-1993 Recodification Citations: 16-10-1-7; 16-10-1-15.] As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.5; P.L.179-2022(ss), SEC.8; P.L.147-2023, SEC.6.

Ind. Code § 16-21-2-2 Licensure and regulation of entities

Sec. 2. The state department shall license and regulate: (1) hospitals; (2) ambulatory outpatient surgical centers; (3) birthing centers; and (4) rural emergency hospitals. [Pre-1993 Recodification Citation: 16-10-1-1.] As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.6; P.L.179-2022(ss), SEC.9; P.L.147-2023, SEC.7.

Ind. Code § 16-21-2-2.3 Adoption of rules concerning food and dietetic services

Sec. 2.3. The state department shall adopt rules under IC 4-22-2 to amend rules governing hospitals to comply with federal regulations under 42 CFR 482.28 concerning food and dietetic services. As added by P.L.131-2015, SEC.1.

Ind. Code § 16-21-2-2.5 Adoption of rules concerning birthing centers; penalties

Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers and other facilities as specified: (1) Establish minimum license qualifications. (2) Establish the following requirements: (A) Sanitation standards. (B) Staff qualifications. (C) Necessary emergency equipment. (D) Procedures to provide emergency care. (E) Procedures to monitor patients after the administration of anesthesia. (F) Procedures to provide follow-up care for patient complications. (G) Quality assurance standards. (H) Infection control. (I) Provision of informed consent brochures, as described in IC 16-34-2-1.5, to hospitals and ambulatory outpatient surgical centers in English, Spanish, and a third language determined by the state department. (J) Provision of a hotline telephone number that provides assistance for patients who are: (i) coerced into an abortion; or (ii) victims of sex trafficking. (K) Annual training by law enforcement officers on identifying and assisting women who are: (i) coerced into an abortion; or (ii) victims of sex trafficking. (3) Prescribe the operating policies, supervision, and maintenance of medical records, including the requirement that all forms that require a patient signature be stored in the patient's medical record. (4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under this subsection must address the following: (A) The form and content of the license. (B) The collection of an annual license fee. (5) Prescribe the procedures and standards for inspections. (6) Prescribe procedures for: (A) implementing a plan of correction to address any violations of any provision of this chapter or any rules adopted under this chapter; and (B) implementing a system for the state department to follow if the birthing center fails to comply with the plan of correction described in clause (A) and disciplinary action is needed. (b) A person who knowingly or intentionally: (1) operates a birthing center that is not licensed under this chapter; or (2) advertises the operation of a birthing center that is not licensed under this chapter; commits a Class A misdemeanor. As added by P.L.96-2005, SEC.7. Amended by P.L.136-2013, SEC.4; P.L.92-2015, SEC.4; P.L.173-2017, SEC.2; P.L.205-2018, SEC.4; P.L.179-2022(ss), SEC.10.

Ind. Code § 16-21-2-2.6 Repealed

As added by P.L.98-2014, SEC.1. Amended by P.L.205-2018, SEC.5. Repealed by P.L.179-2022(ss), SEC.11.

Ind. Code § 16-21-2-3 Determination of coverage of chapter; review

Sec. 3. The state department may determine if an institution or agency is covered by this chapter. A decision of the state department under this section is subject to review under IC 4-21.5. [Pre-1993 Recodification Citation: 16-10-1-3.4.] As added by P.L.2-1993, SEC.4. Amended by P.L.156-2011, SEC.13; P.L.197-2011, SEC.58.

Ind. Code § 16-21-2-4 Repealed

[Pre-1993 Recodification Citation: 16-10-1-4.] As added by P.L.2-1993, SEC.4. Repealed by P.L.141-2014, SEC.6.

Ind. Code § 16-21-2-5 Hospital governing board; responsibilities

Sec. 5. (a) The governing board of the hospital is the supreme authority in the hospital and is responsible for the following: (1) The management, operation, and control of the hospital. (2) The appointment, reappointment, and assignment of privileges to members of the medical staff, with the advice and recommendations of the medical staff, consistent with the individual training, experience, and other qualifications of the medical staff. (3) Establishing requirements for appointments to and continued service on the hospital's medical staff, consistent with the appointee's individual training, experience, and other qualifications, including the following requirements: (A) Proof that a medical staff member has qualified as a health care provider under IC 16-18-2-163(a). (B) The performance of patient care and related duties in a manner that is not disruptive to the delivery of quality medical care in the hospital setting. (C) Standards of quality medical care that recognize the efficient and effective utilization of hospital resources, developed by the medical staff. (4) Upon recommendation of the medical staff, establishing protocols within the requirements of this chapter and 410 IAC 15-1.2-1 for the admission, treatment, and care of patients with extended lengths of stay. (b) The protocols established under subsection (a)(4) must provide that: (1) a patient's attending physician or the physician's designee must sign an order when the patient needs ambulance services other than emergency ambulance services; and (2) the order signed by a patient's physician or the physician's designee under subdivision (1) must state: (A) the level of ambulance service needed for the patient; and (B) the condition or diagnosis of the patient that makes the transportation of the patient by ambulance necessary. [Pre-1993 Recodification Citation: 16-10-1-6.5(a).] As added by P.L.2-1993, SEC.4. Amended by P.L.162-1999, SEC.5; P.L.170-2022, SEC.22.

Ind. Code § 16-21-2-6 Hospital governing board; disciplinary actions; reports; immunity

Sec. 6. (a) The governing board shall report, in writing, to the Indiana medical licensing board the results and circumstances of a final, a substantive, and an adverse disciplinary action taken by the governing board regarding a physician on the medical staff or an applicant for the medical staff if the action results in voluntary or involuntary resignation, termination, nonappointment, revocation, or significant reduction of clinical privileges or staff membership. The report shall not be made for nondisciplinary resignations or for minor disciplinary action. (b) The governing board and the governing board's employees, agents, consultants, and attorneys have absolute immunity from civil liability for communications, discussions, actions taken, and reports made concerning disciplinary action or investigation taken or contemplated if the reports or actions are made in good faith and without malice. [Pre-1993 Recodification Citation: 16-10-1-6.5(b).] As added by P.L.2-1993, SEC.4.

Ind. Code § 16-21-2-7 Medical staff; responsibilities

Sec. 7. The medical staff of a hospital is responsible to the governing board for the following: (1) The clinical and scientific work of the hospital. (2) Advice regarding professional matters and policies. (3) Review of the professional practices in the hospital for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital, including the following: (A) The quality and necessity of care provided. (B) The preventability of complications and deaths occurring in the hospital. [Pre-1993 Recodification Citation: 16-10-1-6.5(c).] As added by P.L.2-1993, SEC.4.

Ind. Code § 16-21-2-8 Retrospective medical review; medical staff committee members; immunity

Sec. 8. The members of a medical staff committee who conduct a retrospective medical review have absolute immunity from civil liability for the following: (1) Communications made in committee meetings. (2) Reports and recommendations made by the committee arising from deliberations by the committee to the governing board of the hospital or another duly authorized medical staff committee. [Pre-1993 Recodification Citation: 16-10-1-6.5(d).] As added by P.L.2-1993, SEC.4.

Ind. Code § 16-21-2-9 Practice of medicine not authorized by chapter; performance of health care services not prohibited

Sec. 9. This chapter does not authorize a person or a state, county, or local governmental unit, division, department, board, or agency to engage in the practice of medicine. However, this chapter does not prohibit the performance of health care services by a hospital employee in a hospital when that performance is delegated or ordered by a licensed health practitioner if the services performed are within the practitioner's scope of practice. [Pre-1993 Recodification Citation: 16-10-1-8.] As added by P.L.2-1993, SEC.4.

Ind. Code § 16-21-2-10 Necessity of license

Sec. 10. A: (1) person; (2) state, county, or local governmental unit; or (3) division, a department, a board, or an agency of a state, county, or local governmental unit; must obtain a license from the state health commissioner under IC 4-21.5-3-5 before establishing, conducting, operating, or maintaining a hospital, an ambulatory outpatient surgical center, or a birthing center. [Pre-1993 Recodification Citation: 16-10-1-9(a).] As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.8; P.L.179-2022(ss), SEC.12.

Ind. Code § 16-21-2-11 License form and information; tax warrant list

Sec. 11. (a) An applicant must submit an application for a license on a form prepared by the state department showing that: (1) the applicant is of reputable and responsible character; (2) the applicant is able to comply with the minimum standards for a hospital, an ambulatory outpatient surgical center, or a birthing center, and with rules adopted under this chapter; and (3) the applicant has complied with section 15.4 of this chapter. (b) The application must contain the following additional information: (1) The name of the applicant. (2) The type of institution to be operated. (3) The location of the institution. (4) The name of the person to be in charge of the institution. (5) If the applicant is a hospital, the range and types of services to be provided under the general hospital license, including any service that would otherwise require licensure by the state department under the authority of IC 16-19. (6) Other information the state department requires. (c) If the department of state revenue notifies the state department that a person is on the most recent tax warrant list, the state department shall not issue or renew the person's license until: (1) the person provides to the state department a statement from the department of state revenue that the person's tax warrant has been satisfied; or (2) the state department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k). [Pre-1993 Recodification Citation: 16-10-1-9(b).] As added by P.L.2-1993, SEC.4. Amended by P.L.12-1994, SEC.10; P.L.162-1999, SEC.6; P.L.96-2005, SEC.9; P.L.172-2011, SEC.114; P.L.205-2018, SEC.6; P.L.179-2022(ss), SEC.13; P.L.56-2023, SEC.148.

Ind. Code § 16-21-2-11.5 Construction projects; prior notice and hearing

Sec. 11.5. (a) As used in this section, "construction project" means the erection, installation, alteration, repair, or remodeling of a building or structure that, when completed, will be subject to licensure as a hospital or an ambulatory outpatient surgical center under this article. The term does not include the acquisition or installation of medical equipment or the purchase of the services of an architect, engineer, or consultant to prepare plans or studies related to a construction project. (b) Except as provided in subsection (c), this section applies to a hospital or an ambulatory outpatient surgical center for which licensure is required under this article. (c) This section does not apply to: (1) a hospital or an ambulatory outpatient surgical center that is operated by the federal government or an agency of the federal government; or (2) a construction project begun before July 1, 2005. For purposes of this subsection, a construction project is considered to have begun on the day that the physical erection, installation, alteration, repair, or remodeling of the building or structure commences. (d) Before the owner of: (1) a hospital or proposed hospital may begin a construction project that is estimated by the owner to cost at least ten million dollars ($10,000,000); or (2) an ambulatory outpatient surgical center or a proposed ambulatory outpatient surgical center may begin a construction project that is estimated by the owner to cost at least three million dollars ($3,000,000); the owner shall hold at least two (2) public hearings concerning the construction project and publish notice of each hearing at least ten (10) days before the hearing is held. (e) A notice published under subsection (d) must meet the standards specified for public notices in IC 5-3-1. (f) A hearing held under subsection (d): (1) must: (A) be held at a location not more than ten (10) miles from the site of the construction project; (B) be held exclusively by the owner or the owner's representative; and (C) include an announcement from the owner or the owner's representative that provides to the public: (i) a description of; (ii) an estimate of the cost of; and (iii) a statement regarding the owner's reason for; the construction project, including a description of the health care services that will be provided by the hospital or ambulatory outpatient surgical center as a result of the construction project; and (2) may be held: (A) on any day of the week other than Saturday or Sunday; and (B) at any time not earlier than 3 p.m. or later than 9 p.m.; as determined by the owner. (g) A hearing held as required under this section does not cause any information or materials possessed or held by the owner or the owner's employee, contractor, agent, or representative to be discoverable or considered public information or public materials. (h) A statement or question concerning a construction project, or an objection to a construction project, that arises during a hearing held under this section may not cause a delay in or denial of the issuance of a license under this article. (i) Compliance with this section may be enforced only by the state department. As added by P.L.67-2005, SEC.2.

Ind. Code § 16-21-2-12 License; application; fee

Sec. 12. An application must be accompanied by a licensing fee at the rate adopted by the state department under IC 4-22-2. [Pre-1993 Recodification Citation: 16-10-1-9(c).] As added by P.L.2-1993, SEC.4. Amended by P.L.156-2011, SEC.14; P.L.197-2011, SEC.59.

Ind. Code § 16-21-2-12.5 Enforcement publications; new version implementation procedure; plan review; voided rules

Sec. 12.5. (a) Except as provided in subsections (d) and (e), in regulating the licensure of hospitals and ambulatory outpatient surgical centers under this article, the state department shall use the following for purposes of enforcement: (1) The most recent published version of the Facility Guidelines Institute (FGI) planning codes, except to the extent the codes conflict with subdivision (2) or (3). (2) The National Fire Protection Association (NFPA) 101, Life Safety Code Handbook and Tentative Interim Amendments (TIAs), as adopted by the federal Centers for Medicare and Medicaid Services regulations, as part of the Conditions of Participation for Medicare and Medicaid. (3) The National Fire Protection Association (NFPA) 99, Health Care Facilities Code Handbook and Tentative Interim Amendments (TIAs), as adopted by the federal Centers for Medicare and Medicaid Services regulations, as part of the Conditions of Participation for Medicare and Medicaid. (b) The state department shall list the version of each publication described in subsection (a) being utilized by the state department on the state department's website. (c) The state department shall meet the following requirements when a new version of a publication described in subsection (a)(1) is published: (1) Not later than ninety (90) days from the publication of the new version, post a notice of the publication on the state department's website, stating the state department's intent to adopt the new version. (2) Set forth as part of the notice a date that is: (A) not earlier than two hundred seventy (270) days; and (B) not later than three hundred sixty (360) days; from the posting of the notice in which the state department may take action using the new version of the publication. (d) The following apply for a plan review submitted to the state department concerning the construction, renovation, or addition to a hospital or ambulatory outpatient surgical center: (1) For a plan review submitted before July 1, 2025, the state department shall utilize, for purposes of enforcement, the version of each publication described in subsection (a) that was in effect at the time the plan review was submitted. (2) For a plan review submitted on July 1, 2025, and thereafter, the state department shall utilize, for purposes of enforcement, the version of each publication that was in place on the date that the plan review was submitted and complying with the limitations set forth in subsection (c)(2). (e) The following are void: (1) 410 IAC 15-1.5-8(c)(1). (2) 410 IAC 15-1.5-8(c)(3). (3) 410 IAC 15-2.5-7(a)(4)(A). (4) 410 IAC 15-2.5-7(a)(4)(C). The publisher of the Indiana Code and Indiana Register shall remove these provisions from the Indiana Administrative Code. As added by P.L.171-2025, SEC.3. Amended by P.L.96-2026, SEC.18.

Ind. Code § 16-21-2-13 Licensure issuance; recognized accrediting organization; investigation; survey; effect

Sec. 13. (a) The state health commissioner: (1) may: (A) issue a license upon the application of a hospital that is not accredited by a recognized accrediting organization without further evidence; or (B) request additional information concerning the application of a hospital that is not accredited by a recognized accrediting organization and conduct an investigation to determine whether a license should be granted; and (2) shall issue a license upon the application of a hospital that has received accreditation by a recognized accrediting organization for the period the recognized accrediting organization has been granted accreditation without the state department conducting an annual survey. (b) The state department may investigate a complaint against an accredited hospital described in subsection (a)(2) for substantial noncompliance, as determined by the state department, with state law or rules. Nothing in this section prohibits the state health commissioner from taking action against a hospital under IC 16-21-3 for substantial noncompliance with state law or rules. (c) If a hospital is not accredited by a recognized accrediting organization, the state department shall conduct an annual survey of the hospital. (d) When requested by the federal Centers for Medicare and Medicaid Services, the state department shall conduct random validation surveys on behalf of the federal Centers for Medicare and Medicaid Services. (e) A hospital shall provide a copy of the survey report and certificate of accreditation from a recognized accrediting organization to the state health commissioner not more than ten (10) days after receipt of the survey or accreditation. (f) Subsections (a) through (e) do not affect the state department's performance of an initial survey of a hospital obtaining an initial license under this article. [Pre-1993 Recodification Citation: 16-10-1-9(d).] As added by P.L.2-1993, SEC.4. Amended by P.L.81-2018, SEC.2; P.L.156-2020, SEC.65.

Ind. Code § 16-21-2-13.5 Common accrediting and licensure standards; notification to recognized accrediting organization of changes in state law

Sec. 13.5. (a) The state department shall work with recognized accrediting organizations to identify, develop, implement, and maintain common accrediting and licensure standards. Any licensure survey must be based on: (1) the standards established by the recognized accrediting organization that accredits the hospital; and (2) state law. (b) The state department shall notify the recognized accrediting organization of any changes to state law for purposes of licensure. As added by P.L.81-2018, SEC.3.

Ind. Code § 16-21-2-14 License; expiration; not transferable; premises; posting; renewal

Sec. 14. A license to operate a hospital, an ambulatory outpatient surgical center, a rural emergency hospital, or a birthing center: (1) expires: (A) one (1) year after the date of issuance for: (i) an ambulatory outpatient surgical center; and (ii) a birthing center; (B) beginning May 1, 2020, two (2) years after the date of issuance for a hospital; and (C) beginning January 1, 2023, two (2) years after the date of issuance for a rural emergency hospital; (2) is not assignable or transferable; (3) is issued only for the premises named in the application; (4) must be posted in a conspicuous place in the facility; and (5) may be renewed each year, or every two (2) years for a hospital or rural emergency hospital, upon the payment of a renewal fee at the rate adopted by the state department under IC 4-22-2. [Pre-1993 Recodification Citation: 16-10-1-9(e).] As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.10; P.L.156-2011, SEC.15; P.L.197-2011, SEC.60; P.L.117-2019, SEC.2; P.L.32-2021, SEC.44; P.L.179-2022(ss), SEC.14; P.L.147-2023, SEC.8.

Ind. Code § 16-21-2-14.5 Physician to be on site and on duty while emergency department is open

Sec. 14.5. A hospital with an emergency department must have at least one (1) physician on site and on duty who is responsible for the emergency department at all times the emergency department is open. As added by P.L.190-2023, SEC.6.

Ind. Code § 16-21-2-15 Physician to be on duty at all times at hospital with at least 100 beds

Sec. 15. A hospital with at least one hundred (100) beds shall have on duty at all times at least one (1) physician licensed under IC 25-22.5. Implementation of this section shall be subject to rules promulgated by the state department to ensure continuous coverage by physicians licensed under IC 25-22.5 for inpatient emergencies. As added by P.L.96-1994, SEC.1. Amended by P.L.56-2023, SEC.149.

Ind. Code § 16-21-2-15.4 Hospital procedures to aid in the identification of newborns and reduction of newborn and infant abductions; prerequisites to licensure

Sec. 15.4. (a) To obtain a license under this chapter, a hospital must demonstrate that the hospital has established procedures designed to reduce the likelihood of abduction of newborn babies and other infants from the hospital. These procedures may include the following: (1) Architectural plans to control access to areas of infant care. (2) Video camera observation of areas of infant care. (3) Procedures to identify hospital staff and visitors. (b) To obtain a license under this chapter, a hospital must demonstrate that the hospital has established procedures to aid in the identification of newborns and other infants. These procedures may include the following: (1) Footprinting of newborn infants by staff who have been trained by law enforcement personnel. (2) Photographing of newborn infants at the time of their birth and photographing of other infants upon their admission to the hospital. (3) Maintaining full written descriptions of each infant together with their footprints and photographs. (4) Obtaining and retaining cord blood samples at the time of an infant's birth for purposes of conducting genetic testing. (c) Failure to comply with this section is grounds for suspension or revocation of a hospital's license. As added by P.L.12-1994, SEC.11.

Ind. Code § 16-21-2-15.7 Visitation; requirements; limitation on number of visitors; immunity

Sec. 15.7. (a) As used in this section, "facility" includes the following: (1) A hospital licensed under this article. (2) A freestanding rehabilitation hospital. (3) A private psychiatric hospital licensed under IC 12-25. (4) An ambulatory outpatient surgical center licensed under this article. (b) Subject to subsections (c), (d), and (f), a facility shall allow visitation to a patient who has been admitted as a patient during a disaster emergency declared under IC 10-14-3-12, a public health emergency, or a similar crisis from one (1) or more of the following individuals: (1) A patient's family member. (2) A patient's legal representative. (3) The patient's designee. (4) A member of the clergy. (5) An essential caregiver. (6) Any other individual capable of meeting the patient's needs. (c) Subject to subsection (d), a person described in subsection (b) shall be permitted to daily visit a person who is admitted as a patient without regard for any visitation restrictions imposed by the facility during a compassionate care situation that involves one (1) or more of the following scenarios: (1) An end of life situation, including hospice. (2) A patient who is experiencing weight loss or dehydration and is in need of cuing or encouragement for eating or drinking. (3) A patient who is experiencing emotional distress, depression, or grief. (4) A patient who is diagnosed with Alzheimer's disease, dementia, or a related cognitive disorder. (5) The patient is experiencing an acute health situation that requires immediate attention. (6) The patient is undergoing surgery with general anesthesia. (7) The patient is experiencing a sudden deterioration in the patient's medical condition. (8) The patient is unable to provide or does not know pertinent and critical medical information that would aid the health care professional in treating the patient. (9) The patient is a minor. (d) A person who is described in subsection (b) or who visits a patient admitted as a patient for a reason specified in subsection (c) must comply with the following: (1) Applicable guidelines concerning disease control or prevention as determined by the Centers for Medicare and Medicaid Services or the Centers for Disease Control and Prevention. (2) Any facility requirements to undergo screening or to complete testing before visiting a patient admitted as a patient. If a screening protocol or test result prohibits a person from visiting the patient, another individual capable of successfully completing or passing the applicable screening protocol or test may be selected for visitation by the patient. (3) Limitations that an individual granted access under the protocols of this section may not access any area other than the patient's room or area designated or permitted by the facility. (e) The facility may specify any requirement that the facility will implement for the individual who is granted access to the facility, including the following: (1) Screening. (2) Personal protective equipment requirements and instructions on the proper use of the equipment. (3) Restrictions when entering patient rooms. (4) Disclosure of any risks associated with the individual's entry onto the premises, including risks during an epidemic or when a communicable disease is involved. (5) Written acknowledgment from the individual entering the premises that the individual: (A) will follow the established protocols; (B) holds the facility, its employees, and health care providers harmless for exposure to a disease or other harmful agent specified during a disaster emergency declared under IC 10-14-3-12 while the individual is allowed to enter the facility; and (C) received and acknowledges the disclosure of the risks described in subdivision (4). (f) Nothing in this section may be construed to prevent a facility from limiting the number of designated individuals that a person admitted as a patient may see if the limitations are explicitly required under a disaster emergency or public health emergency declaration. (g) A hospital, its employees, and contractors are immune from civil liability for an injury or harm caused by or resulting from: (1) the exposure of a contagious disease or other harmful agent that is specified during a disaster emergency declared under IC 10-14-3-12; or (2) acts or omissions by visitors who are present in the hospital; as a result of the implementation of the protocols under this chapter. The immunity described in this section does not apply to any act or omission that constitutes gross negligence or willful or wanton misconduct. As added by P.L.142-2021, SEC.3.

Ind. Code § 16-21-2-16 Third party billing notice

Sec. 16. A hospital, an ambulatory outpatient surgical center, or a birthing center that provides to a patient notice concerning a third party billing for a service provided to the patient shall ensure that the notice: (1) conspicuously states that the notice is not a bill; (2) does not include a tear-off portion; and (3) is not accompanied by a return mailing envelope. As added by P.L.178-2003, SEC.4. Amended by P.L.96-2005, SEC.11; P.L.179-2022(ss), SEC.15.

Ind. Code § 16-21-2-17 "Born alive"; hospital duties; determination of perinatal level of care; penalties; discipline

Sec. 17. (a) As used in this section, "born alive" means the complete expulsion or extraction from the infant's mother, at any stage of development or gestational age, of an infant who after the expulsion or extraction: (1) breathes; (2) has a beating heart or pulsation of the umbilical cord; or (3) has a definite movement of voluntary muscles; regardless of whether the umbilical cord has been cut or whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. (b) If a woman who is in premature labor presents to a hospital, the hospital must inform the woman of the hospital's capabilities of treating the born alive infant and managing a high risk pregnancy. If the hospital does not have the capability to treat the premature born alive infant or the ability to manage a high risk pregnancy, the hospital must provide the woman options to get to a hospital with the appropriate level of care under the perinatal level of care designation established under IC 16-21-13. (c) A hospital must provide: (1) a medical screening examination; and (2) any needed stabilizing treatment; to an infant who is born alive, including born prematurely or with a disability, or a woman who is in premature labor. (d) After a hospital has provided a medical screening examination under subsection (c)(1), the hospital must inform: (1) a parent of the born alive infant of the: (A) infant's treatment options; and (B) hospital's determination of the appropriate level of care under the perinatal level of care designation established under IC 16-21-13; and (2) the woman who is in premature labor of the: (A) woman's treatment options; and (B) hospital's determination of the appropriate level of care under the perinatal level of care designation established under IC 16-21-13. (e) Subject to the requirements under the federal Emergency Medical Treatment and Labor Act, a hospital shall determine what perinatal level of care under IC 16-21-13 is appropriate for the born alive infant and mother and arrange for transport consistent with requirements adopted under IC 16-21-13-5. (f) A hospital that violates this section is subject to the penalties under IC 16-21-3-1. (g) A health care provider who is: (1) licensed or certified under IC 25; (2) employed or under contract with a hospital; and (3) responsible for providing treatment or an examination to a born alive infant or woman with a high risk pregnancy under this chapter; is subject to the standards of practice under IC 25-1-9. A health care provider who violates the standards of practice is subject to disciplinary sanctions under IC 25-1-9-9. As added by P.L.198-2021, SEC.11.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026