Indiana § 16-41-6-11 Rules

Indiana Statutes

§ 16-41-6-11 — Rules

Indiana § 16-41-6-11

Title 16HEALTH

Art. 41PUBLIC HEALTH MEASURES FOR THE

Ch. 6Communicable Disease: Mandatory Testing of

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Bluebook

Ind. Code § 16-41-6-11 (2026).

Text

(a)The state department shall adopt rules under IC 4-22-2 that include procedures:

(1)to inform the woman of the test results under this chapter, whether they are positive or negative;

(2)for explaining the side effects of any treatment for HIV if the test results under this chapter are positive; and

(3)to establish a process for a woman who tests positive under this chapter to appeal the woman's status on a waiting list on a treatment program for which the woman is eligible. The rule must:

(A)include a requirement that the state department make a determination in the process described in this subdivision not later than seventy-two (72) hours after the state department receives all the requested medical information; and

(B)set forth the necessary medical information that must be prov

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(a) The state department shall adopt rules
under IC 4-22-2 that include procedures:
(1) to inform the woman of the test results under this chapter,
whether they are positive or negative;
(2) for explaining the side effects of any treatment for HIV if the
test results under this chapter are positive; and
(3) to establish a process for a woman who tests positive under
this chapter to appeal the woman's status on a waiting list on a
treatment program for which the woman is eligible. The rule
must:
(A) include a requirement that the state department make a
determination in the process described in this subdivision not
later than seventy-two (72) hours after the state department
receives all the requested medical information; and
(B) set forth the necessary medical information that must be
provided to the state department and reviewed by the state
department in the process described in this subdivision.
(b) The state department shall maintain rules under IC 4-22-2 that
set forth standards to provide to women who are pregnant, before
delivery, at delivery, and after delivery, information concerning HIV.
The rules must include:
(1) an explanation of the nature of AIDS and HIV;
(2) information concerning discrimination and legal protections;
(3) information concerning the duty to notify persons at risk as
described in IC 16-41-7-1;
(4) information about risk behaviors for HIV transmission;
(5) information about the risk of transmission through breast
feeding;
(6) notification that if the woman chooses not to be tested for HIV
before delivery, at delivery the child will be tested subject to
section 4 of this chapter;
(7) procedures for obtaining informed, written consent for testing
under this chapter;
(8) procedures for post-test counseling by a health care provider
when the test results are communicated to the woman, whether
the results are positive or negative;
(9) procedures for referral for physical and emotional services if
the test results are positive;
(10) procedures for explaining the importance of immediate entry
into medical care if the test results are positive; and
(11) procedures for explaining that the use of antiretroviral drugs
and other medical interventions lessen the likelihood of
transmitting HIV to the child during childbirth.