Ind. Code ch. 16-41-16

Ind. Code ch. 16-41-16
in effect

Ind. Code § 16-41-16-1 Application of chapter

Sec. 1. (a) This chapter applies to persons and facilities that handle infectious waste, including the following: (1) Hospitals. (2) Ambulatory surgical facilities. (3) Medical laboratories. (4) Diagnostic laboratories. (5) Blood centers. (6) Pharmaceutical companies. (7) Academic research laboratories. (8) Industrial research laboratories. (9) Health facilities. (10) Offices of health care providers. (11) Diet or health care clinics. (12) Offices of veterinarians. (13) Veterinary hospitals. (14) Emergency medical services providers. (15) Mortuaries. (b) Except as provided in sections 2, 4, and 7.5 of this chapter, this chapter does not apply to: (1) home health agencies; or (2) hospice services delivered in the home of a hospice patient. [Pre-1993 Recodification Citation: 16-1-9.7-6.] As added by P.L.2-1993, SEC.24. Amended by P.L.146-1996, SEC.5; P.L.213-2016, SEC.23; P.L.179-2022(ss), SEC.37.

Ind. Code § 16-41-16-1.5 "Blood and blood products in liquid or semiliquid form"

Sec. 1.5. As used in this chapter, "blood and blood products in liquid or semiliquid form" means blood and blood products that have intermediate fluid properties and are capable of flowing in a manner similar to a liquid. As added by P.L.96-2026, SEC.25.

Ind. Code § 16-41-16-1.6 "Container"

Sec. 1.6. As used in this chapter, "container" means any portable device or material in which infectious waste is: (1) stored; (2) transported; (3) treated; (4) disposed of; or (5) otherwise handled. As added by P.L.96-2026, SEC.26.

Ind. Code § 16-41-16-2 Contaminated sharp

Sec. 2. (a) As used in this chapter, "contaminated sharp" means an object that meets the following conditions: (1) Is capable of cutting or penetrating the skin. (2) Has been in contact with blood or body fluids. (b) The term includes a hypodermic or suture needle, syringe, scalpel blade, pipette, lancet, or broken glass. [Pre-1993 Recodification Citation: 16-1-9.7-1.] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-16-3 "Effective treatment"

Sec. 3. (a) As used in this chapter, "effective treatment" means treatment that meets the following conditions: (1) Reduces the pathogenic qualities of infectious waste to a point where the waste is safe to handle. (2) Is designed for the specific waste involved. (3) Is carried out in a manner consistent with rules adopted by the state department under section 8 of this chapter. (b) The term includes the following: (1) Incineration. (2) Steam sterilization. (3) Chemical disinfection. (4) Thermal inactivation. (5) Irradiation. (6) Discharge in a sanitary sewer or septic system that is properly installed and operates in accordance with local and state laws. [Pre-1993 Recodification Citation: 16-1-9.7-2.] As added by P.L.2-1993, SEC.24. Amended by P.L.96-2026, SEC.27.

Ind. Code § 16-41-16-4 "Infectious waste"

Sec. 4. (a) Except as provided in subsections (c) and (d), as used in this chapter, "infectious waste" means waste that epidemiologic evidence indicates is capable of transmitting a serious communicable disease (as set forth in the list published under IC 16-41-2-1). (b) The term includes the following: (1) Pathological wastes. (2) Biological cultures and associated biologicals. (3) Contaminated sharps. (4) Infectious agent stock and associated biologicals. (5) Blood and blood products in liquid or semiliquid form. (6) Laboratory animal carcasses, body parts, and bedding. (7) Wastes (as described under section 8 of this chapter). (c) "Infectious waste", as the term applies to a: (1) home health agency; or (2) hospice service delivered in the home of a hospice patient; includes only contaminated sharps. (d) The term does not include an aborted fetus or a miscarried fetus. [Pre-1993 Recodification Citation: 16-1-9.7-3.] As added by P.L.2-1993, SEC.24. Amended by P.L.146-1996, SEC.6; P.L.213-2016, SEC.24; P.L.218-2019, SEC.9; P.L.112-2020, SEC.52.

Ind. Code § 16-41-16-4.5 "Laboratory animal carcasses, body parts, blood and body fluids, and bedding"

Sec. 4.5. As used in this chapter, "laboratory animal carcasses, body parts, blood and body fluids, and bedding" means carcasses, body parts, blood and blood products in liquid or semiliquid form, and bedding of animals that have been intentionally or are suspected of having been exposed to pathogens in: (1) research; (2) production of biologicals; (3) the in vivo testing of pharmaceuticals; or (4) other procedures. As added by P.L.96-2026, SEC.28.

Ind. Code § 16-41-16-4.6 "Mortuary"

Sec. 4.6. As used in this chapter, "mortuary" means a funeral home (as defined in IC 25-15-2-15). As added by P.L.96-2026, SEC.29.

Ind. Code § 16-41-16-5 Pathological waste

Sec. 5. As used in this chapter, "pathological waste" includes: (1) tissues; (2) organs; (3) body parts; and (4) blood or body fluids in liquid or semiliquid form; that are removed during surgery, biopsy, or autopsy. The term does not include an aborted fetus or a miscarried fetus. [Pre-1993 Recodification Citation: 16-1-9.7-4.] As added by P.L.2-1993, SEC.24. Amended by P.L.213-2016, SEC.25.

Ind. Code § 16-41-16-6 Secure area

Sec. 6. As used in this chapter, "secure area" means an area that is designed and maintained to prevent the entry of unauthorized persons. [Pre-1993 Recodification Citation: 16-1-9.7-5.] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-16-6.6 "Waste handler"

Sec. 6.6. As used in this chapter, "waste handler" means a person who handles infectious waste. As added by P.L.96-2026, SEC.30.

Ind. Code § 16-41-16-6.9 Responsibilities of a person who generates infectious waste

Sec. 6.9. (a) A person who generates infectious waste is responsible for the: (1) appropriate containment; (2) appropriate labeling; (3) effective treatment; (4) transport; and (5) disposal of; infectious waste as required by this chapter. (b) A person may provide services to the person who generates infectious waste, including the responsibilities described in subsection (a)(1) through (a)(5). A person described in this section shall comply with the requirements of this chapter. As added by P.L.96-2026, SEC.31.

Ind. Code § 16-41-16-7 Treatment of infectious waste

Sec. 7. (a) Before infectious waste is placed in an area that is not a secure area and before the waste is sent for final disposal, a person shall: (1) conduct effective treatment on the infectious waste on site; or (2) transport the infectious waste off site for effective treatment; according to this chapter. (b) A facility shall treat liquid infectious waste or excreta that are infectious waste as required by subsection (a) or flush the liquid infectious waste or excreta that are infectious waste in compliance with rules adopted under IC 4-22-2. [Pre-1993 Recodification Citation: 16-1-9.7-7.] As added by P.L.2-1993, SEC.24. Amended by P.L.96-2026, SEC.32.

Ind. Code § 16-41-16-7.5 Treatment of noninfectious waste

Sec. 7.5. Any waste that is not infectious waste (as defined in section 4(c) of this chapter) must be double bagged and tied to protect handlers. As added by P.L.146-1996, SEC.7.

Ind. Code § 16-41-16-7.6 Disposition of a miscarried fetus or an aborted fetus

Sec. 7.6. (a) This section applies to a person or facility possessing either an aborted fetus or a miscarried fetus. (b) Within ten (10) business days after a miscarriage occurs or an abortion is performed, a person or facility described in subsection (a) shall: (1) conduct the final disposition of a miscarried fetus or an aborted fetus in the manner required by IC 16-21-11-6 or IC 16-34-3-4; or (2) ensure that the miscarried fetus or aborted fetus is preserved until final disposition under IC 16-21-11-6 or IC 16-34-3-4 occurs. As added by P.L.213-2016, SEC.26.

Ind. Code § 16-41-16-7.7 Containment of infectious waste

Sec. 7.7. (a) A person shall ensure that infectious waste is, at all times, contained in a manner that will reasonably protect: (1) a waste handler; and (2) the public; from contracting a dangerous communicable disease that may result from exposure to the infectious waste. (b) A person shall place a contaminated sharp or a contaminated object that could potentially become a contaminated sharp, infectious biological culture, infectious associated biological, and infectious agent stock in a container that: (1) is leak proof, rigid, and puncture resistant; (2) is tightly sealed to prevent expulsion; (3) is labeled with the biohazard symbol; and (4) undergoes effective treatment before being stored in an unsecured area and sent for final disposal. (c) A person shall place pathological waste, laboratory animal carcasses, body parts, blood and body fluids, and bedding, blood and blood products in liquid or semiliquid form, and human body fluids that are visibly contaminated with blood, in a container that: (1) is impervious to moisture; (2) is sufficiently strong and thick to prevent expulsion; (3) is secured in a manner that prevents leakage or expulsion; (4) is labeled with the biohazard symbol; and (5) undergoes effective treatment before being stored in an unsecured area and sent for final disposal. As added by P.L.96-2026, SEC.33.

Ind. Code § 16-41-16-7.8 Policies and procedures

Sec. 7.8. A person shall have written policies and procedures that include at least the following: (1) The requirements of this chapter. (2) The sanctions for failing to comply with the requirements of this chapter, including the discipline and dismissal of a person. (3) The instruction and materials concerning this chapter to a person before the person is likely to be exposed to infectious waste. (4) Documentation concerning instruction provided under subdivision (3). (5) A procedure for providing records to the state department for inspection under section 9 of this chapter. As added by P.L.96-2026, SEC.34.

Ind. Code § 16-41-16-7.9 Storage before final disposal

Sec. 7.9. (a) If infectious waste is stored before final disposal, a person shall do the following: (1) Store the infectious waste in a secure area that: (A) is locked or otherwise secured to eliminate access by or exposure to the public; (B) affords protection from adverse environmental conditions and vermin; and (C) prominently displays a biohazard symbol. (2) Store the infectious waste in manner that: (A) preserves the integrity of the container in which the infectious waste is stored; and (B) is not conducive to rapid microbial growth and putrefaction. (3) Except as provided in subsection (b), disinfect a reusable container for infectious waste each time the container is emptied. (b) A person is not required to disinfect a reusable container under subsection (a)(3) if the reusable container was protected from contamination by a disposable liner, bag, or other device that was removed with the infectious waste. As added by P.L.96-2026, SEC.35.

Ind. Code § 16-41-16-8 Rules

Sec. 8. (a) After consulting with an advisory committee composed of representatives of persons or facilities that handle infectious wastes, the state department may adopt rules under IC 4-22-2 necessary to carry out this chapter. (b) The state department may adopt rules under this section after considering the guidelines of the following: (1) United States Environmental Protection Agency. (2) United States Centers for Disease Control. (3) United States Occupational Safety and Health Administration. (4) State department of labor. (5) State department of environmental management. (c) The state department shall adopt rules under this section that establish an alternative to 410 IAC 1-3-28 to allow a person or facility that transports infectious waste offsite to label each container of infectious waste in a manner that: (1) does not specifically identify the generating facility or treatment facility; and (2) ensures that the identity of the generating facility or treatment facility may be readily obtained based on the label information. [Pre-1993 Recodification Citation: 16-1-9.7-8.] As added by P.L.2-1993, SEC.24. Amended by P.L.128-1997, SEC.9; P.L.96-2026, SEC.36.

Ind. Code § 16-41-16-8.5 Transportation of infectious waste

Sec. 8.5. (a) A person shall: (1) transport infectious waste in a manner that reasonably protects waste handlers and the public from contracting a dangerous communicable disease; and (2) before the infectious waste in compacted, conduct effective treatment of the infectious waste. (b) A person who transports infectious waste offsite shall do the following: (1) Label the container of infectious waste with the name, address, and telephone number of the following facilities, if applicable: (A) The facility that generated the infectious waste. (B) The facility that treated or will treat the infectious waste. (2) Provide a form that contains: (A) the information for each facility described in subdivision (1); (B) a brief description of the: (i) infectious waste; and (ii) method of effective treatment of the infectious waste; and (C) the signature of the person responsible for transporting the infectious waste. As added by P.L.96-2026, SEC.37.

Ind. Code § 16-41-16-9 Inspections on private property

Sec. 9. (a) The state department may designate an agent who may enter on private property to inspect for and investigate possible violations of this chapter or rules adopted under this chapter if the following conditions are met: (1) The agent has probable cause to believe that evidence of a health threat exists on private property. (2) The agent presents proper credentials. (3) Emergency circumstances exist or a warrant is issued. (b) This section does not impair the authority of the state department to enter public or private property as authorized by law. [Pre-1993 Recodification Citation: 16-1-9.5-10(a) part.] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-16-10 Orders of compliance; civil penalties

Sec. 10. (a) The state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and a civil penalty not to exceed one thousand dollars ($1,000) per violation per day against a person who: (1) fails to comply with this chapter or a rule adopted under this chapter; or (2) interferes with or obstructs the state department or the state department's designated agent in the performance of official duties under this chapter or a rule adopted under this chapter. (b) The state department may commence an action against a facility licensed by the state department under either subsection (a) or the licensure statute for that facility, but the state department may not bring an action arising out of one (1) incident under both statutes. (c) In determining the nature of a violation and the amount of a civil penalty under subsection (a), the state department shall consider the following factors: (1) The potential harm or imminent threat to public health. (2) The extent of a deviation from the requirements of this chapter. (3) The degree of willfulness, recklessness, or negligence. (4) Whether the person who committed the violation has previously failed to comply with the requirements of this chapter. (5) Whether the person who committed the violation engaged in any of the following: (A) Obstruction of the state department's duties under this chapter. (B) Failure to cooperate with the state department. (C) Fraudulent conduct. [Pre-1993 Recodification Citation: 16-1-9.5-10(b) part, (c) part.] As added by P.L.2-1993, SEC.24. Amended by P.L.96-2026, SEC.38.

Ind. Code § 16-41-16-11 Violations

Sec. 11. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993, SEC.24.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026

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