Text of IN SB 174 (2026)

Introduced Version SENATE BILL No. 174 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 5-10; IC 9-24; IC 10-14-3-23; IC 12-15-15-4.5; IC 12-17.2; IC 13-18-16-17; IC 16-18; IC 16-21-7-4; IC 16-28; IC 16-38-5-1; IC 16-41; IC 16-42-5.3; IC 16-49-4-11; IC 16-50-1; IC 20-19-3-41; IC 20-26-22.5; IC 20-33-8; IC 20-34; IC 21-7-13-2; IC 21-40; IC 21-44-8; IC 22-4-15-1; IC 22-5; IC 22-12-1-4; IC 25-22.5-8.7; IC 27-2-30; IC 27-8-24-4; IC 31-27-9-2; IC 34-30-2.1; IC 35-31.5-2; IC 35-38-1; IC 35-42-2-1; IC 35-52-16. Synopsis: Various health matters. Prohibits a person from adding a chemical to a public water supply in certain circumstances. Defines "medical intervention" and provides that a person may not require an individual to accept, undergo, or engage in a medical intervention in or on the individual's body as a condition of employment, entrance, admission, compensation, benefits, or participation. Provides that a person may not take a punitive measure against an individual because the individual refused to accept, undergo, or engage in a medical intervention in or on the individual's body. Allows an individual who suffers bodily injury as a result of a violation of these provisions to file an action. Provides that a person who knowingly or intentionally causes bodily injury to another person by violating these provisions commits battery, a class B misdemeanor, enhanced to a level 5 felony if the offense constitutes a violation of the right to bodily integrity. Allows an individual to sell certain meat products from the individual's primary residence. Establishes various requirements for an individual to sell certain meat products from the individual's primary residence. Exempts a stand or another retail building used only for the sale of certain food products or meat products from the definition of a Class 1 structure. Provides that a student enrolled in a health profession education program may not be required to receive an immunization as a condition (Continued next page) Effective: July 1, 2026. Johnson T January 6, 2026, read first time and referred to Committee on Health and Provider Services. 2026 IN 174—LS 6614/DI 147 Digest Continued of: (1) participating in; or (2) obtaining; clinical training or clinical experience required by the program if receiving the immunization is against the student's conscience. Amends the information that the statewide child fatality review committee and statewide maternal mortality review committee must include in each committee's annual report. Provides that a physician may not be required to receive an immunization if receiving the immunization is against the physician's conscience. Provides that a health care provider, health care entity, and a health carrier may not be required to provide or refer an individual for a health care service that violates the conscience of the health care provider, health care entity, or health carrier. Establishes an exception for a health carrier. Specifies that a health care provider, health care entity, or a health carrier may not be subject to discrimination and certain other acts and liability for declining to provide the health care service. Establishes a civil action for a violation of these provisions. Provides that a person who prevails in a civil action is entitled to certain relief. Requires a licensed child care center, school, and person that operates a before or after school program to report the ingredients of each food product provided to a child or student. Requires the division of family resources and the department of education to publish the information on each agency's website. Allows a school corporation to contract with a health care provider, health system, or community partner to establish a school based health center (center). Sets forth requirements to establish a center. Provides that, notwithstanding state or federal law, a school may not conduct a physical or mental assessment or treatment of a student unless the physical or mental assessment or treatment is related to an illness or accident that occurred during school hours or on or near school property. Repeals certain superseded laws, including provisions concerning immunizations, communicable diseases, potentially disease transmitting offenses, quarantine, medical testing, disqualification for unemployment benefits, and COVID-19 immunization requirements. Makes conforming amendments. 2026 IN 174—LS 6614/DI 147 2026 IN 174—LS 6614/DI 147 Introduced Second Regular Session of the 124th General Assembly (2026) PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2025 Regular Session of the General Assembly. SENATE BILL No. 174 A BILL FOR AN ACT to amend the Indiana Code concerning health. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 5-10-8-10 IS AMENDED TO READ AS 2 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 10. (a) The state shall 3 cover the testing required under IC 16-41-6-4 and the examinations 4 required under IC 16-41-17-2 under a: 5 (1) self-insurance program established or maintained under 6 section 7(b) of this chapter to provide group health coverage; and 7 (2) contract entered into or renewed under section 7(c) of this 8 chapter to provide health services through a prepaid health care 9 delivery plan. 10 (b) Payment to a hospital for a test required under IC 16-41-6-4 11 must be in an amount equal to the hospital's actual cost of performing 12 the test. 13 SECTION 2. IC 5-10-13-5, AS AMENDED BY P.L.143-2021, 14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2026]: Sec. 5. (a) Except as provided in section 6 of this 2026 IN 174—LS 6614/DI 147 2 1 chapter, An employee who: 2 (1) is diagnosed with a health condition caused by an exposure 3 risk disease that: 4 (A) requires medical treatment; and 5 (B) results in total or partial disability or death; 6 (2) by written affidavit has provided to the employee's employer 7 a verification described in subsection (b), (c), (d), (e), (f), or (g); 8 and 9 (3) before the employee is diagnosed with a health condition 10 caused by hepatitis or tuberculosis, tests negative for evidence of 11 hepatitis or tuberculosis through medical testing; 12 is presumed to have a disability or death incurred in the line of duty. 13 (b) This subsection applies to an employee who is diagnosed with 14 a health condition caused by hepatitis. If the health condition results in 15 disability or death and the employee wishes to have a presumption of 16 disability or death incurred in the line of duty apply to the employee, 17 the employee shall, by written affidavit executed before death, provide 18 verification that the employee has not: 19 (1) outside the scope of the employee's current employment, been 20 exposed through transfer of body fluids to an individual known to 21 have a medical condition caused by hepatitis; 22 (2) received blood products other than a transfusion received 23 because of an injury to the employee that occurred in the scope of 24 the employee's current employment; 25 (3) received blood products for the treatment of a coagulation 26 disorder since testing negative for hepatitis; 27 (4) engaged in sexual practices or other behavior identified as 28 high risk by the Centers for Disease Control and Prevention or the 29 Surgeon General of the United States; 30 (5) had sexual relations with another individual known to the 31 employee to have engaged in sexual practices or other behavior 32 described in subdivision (4); or 33 (6) used intravenous drugs that were not prescribed by a 34 physician. 35 (c) This subsection applies to an employee who is diagnosed with 36 a health condition caused by meningococcal meningitis. If the health 37 condition results in disability or death and the employee wishes to have 38 a presumption of disability or death incurred in the line of duty apply 39 to the employee, the employee shall, by written affidavit executed 40 before death, provide verification that the employee, in the ten (10) 41 days immediately preceding the diagnosis, was not exposed to another 42 individual known to: 2026 IN 174—LS 6614/DI 147 3 1 (1) have meningococcal meningitis; or 2 (2) be an asymptomatic carrier of meningococcal meningitis; 3 outside the scope of the employee's current employment. 4 (d) This subsection applies to an employee who is diagnosed with 5 a health condition caused by tuberculosis. If the health condition results 6 in disability or death and the employee wishes to have a presumption 7 of disability or death incurred in the line of duty apply to the employee, 8 the employee shall, by written affidavit executed before death, provide 9 verification that the employee has not, outside the scope of the 10 employee's current employment, been exposed to another individual 11 known to have tuberculosis. 12 (e) This subsection applies to an employee who is diagnosed with 13 a health condition caused by HIV. If the health condition results in 14 disability or death and the employee wishes to have a presumption of 15 disability or death incurred in the line of duty apply to the employee, 16 the employee shall, by written affidavit executed before death, provide 17 verification that the employee has not: 18 (1) outside the scope of the employee's current employment, been 19 exposed through transfer of body fluids to an individual known to 20 have a medical condition caused by HIV; 21 (2) received blood products other than a transfusion received 22 because of an injury to the employee that occurred in the scope of 23 the employee's current employment; 24 (3) received blood products for the treatment of a coagulation 25 disorder since testing negative for HIV; 26 (4) engaged in sexual practices or other behavior identified as 27 high risk by the Centers for Disease Control and Prevention or the 28 Surgeon General of the United States; 29 (5) had sexual relations with another individual known to the 30 employee to have engaged in sexual practices or other behavior 31 described in subdivision (4); or 32 (6) used intravenous drugs that were not prescribed by a 33 physician. 34 (f) This subsection applies to an employee who is diagnosed with a 35 health condition caused by smallpox. If the health condition results in 36 disability or death and the employee wishes to have a presumption of 37 disability or death incurred in the line of duty apply to the employee, 38 the employee shall, by written affidavit executed before death, provide 39 verification that the employee has not, outside the scope of the 40 employee's current employment, been exposed to another individual 41 known to have smallpox. 42 (g) This subsection applies to an employee who is diagnosed after 2026 IN 174—LS 6614/DI 147 4 1 June 30, 2021, with a health condition caused by any variant of severe 2 acute respiratory syndrome (SARS), including coronavirus disease 3 (COVID-19). If the health condition results in disability or death and 4 the employee wishes to have a presumption of disability or death 5 incurred in the line of duty apply to the employee, the employee shall, 6 by written affidavit executed before death, provide verification that the 7 employee has not, outside the scope of the employee's current 8 employment, been exposed to another individual known to have any 9 variant of severe acute respiratory syndrome (SARS), including 10 coronavirus disease (COVID-19). 11 (h) A presumption of disability or death incurred in the line of duty 12 may be rebutted by competent evidence. 13 (i) A meeting or hearing held to rebut a presumption of disability or 14 death incurred in the line of duty may be held as an executive session 15 under IC 5-14-1.5-6.1(b)(1). 16 SECTION 3. IC 5-10-13-6 IS REPEALED [EFFECTIVE JULY 1, 17 2026]. Sec. 6. If a standard, medically recognized vaccine or other 18 measure exists for the prevention of an exposure risk disease and the 19 vaccine or other measure is medically indicated for an employee 20 according to immunization policies established by the Advisory 21 Committee on Immunization Practices of the United States Public 22 Health Service, the following apply: 23 (1) If: 24 (A) the employee receives the vaccine or other measure as 25 required by the employee's employer; or 26 (B) the employee's physician provides written notice to the 27 employer that the vaccine or other measure would pose a 28 significant risk to the employee's health; 29 and the employee meets the other requirements of this chapter, a 30 presumption of disability or death incurred in the line of duty 31 under this chapter applies to the employee. 32 (2) If: 33 (A) the employee does not receive the vaccine or other 34 measure as required by the employee's employer; and 35 (B) the employee's physician has not provided written notice 36 that the vaccine or other measure would pose a significant risk 37 to the employee's health; 38 a presumption of disability or death incurred in the line of duty 39 under this chapter does not apply to the employee. 40 SECTION 4. IC 9-24-10-4, AS AMENDED BY P.L.111-2021, 41 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2026]: Sec. 4. (a) Except as provided in subsection (c), an 2026 IN 174—LS 6614/DI 147 5 1 examination for a learner's permit or driver's license must include the 2 following: 3 (1) A test of the following of the applicant: 4 (A) Eyesight. 5 (B) (A) Ability to read and understand highway signs 6 regulating, warning, and directing traffic. 7 (C) (B) Knowledge of Indiana traffic laws, including 8 IC 9-26-1-1.5 and IC 9-21-12-1. 9 (2) An actual demonstration of the applicant's skill in exercising 10 ordinary and reasonable control in the operation of a motor 11 vehicle under the type of permit or driver's license applied for. 12 (b) The examination may include further physical and mental 13 examination that the bureau finds necessary to determine the 14 applicant's fitness to operate a motor vehicle safely upon a highway. 15 The applicant must provide the motor vehicle used in the examination. 16 An autocycle may not be used as the motor vehicle provided for the 17 examination. 18 (c) The bureau may waive: 19 (1) the testing required under subsection (a)(1)(A) if the applicant 20 provides evidence from a licensed ophthalmologist or licensed 21 optometrist that the applicant's vision is fit to operate a motor 22 vehicle in a manner that does not jeopardize the safety of 23 individuals or property; 24 (2) (1) the actual demonstration required under subsection (a)(2) 25 for an individual who has passed: 26 (A) a driver's education class and a skills test given by a driver 27 training school; 28 (B) a driver education program given by an entity licensed 29 under IC 9-27; or 30 (C) a skills assessment conducted by a third party approved by 31 the bureau; 32 (3) (2) the testing other than eyesight testing under subsection 33 (a)(1)(A), of an applicant who has passed: 34 (A) an examination concerning: 35 (i) subsection (a)(1)(B); (a)(1)(A); and 36 (ii) subsection (a)(1)(C); (a)(1)(B); and 37 (B) a skills test; 38 given by a driver training school or an entity licensed under 39 IC 9-27; and 40 (4) (3) the testing other than the eyesight testing described in 41 subsection (a)(1)(A), of an applicant who: 42 (A) is at least eighteen (18) years of age; 2026 IN 174—LS 6614/DI 147 6 1 (B) was previously a nonresident but now qualifies as an 2 Indiana resident at the time of application; and 3 (C) holds a valid driver's license, excluding a learner's permit 4 or its equivalent, from the applicant's state of prior residence. 5 (d) The following are An instructor having a license under 6 IC 9-27-6-8 is not civilly or criminally liable for a report made in good 7 faith to the bureau, commission, or driver licensing medical advisory 8 board concerning the fitness of the applicant to operate a motor vehicle 9 in a manner that does not jeopardize the safety of individuals or 10 property. 11 (1) An instructor having a license under IC 9-27-6-8. 12 (2) A licensed ophthalmologist or licensed optometrist. 13 SECTION 5. IC 9-24-12-5, AS AMENDED BY P.L.211-2023, 14 SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2026]: Sec. 5. (a) Except as provided in subsection (b), and 16 subject to subsection (d), an individual applying for renewal of a 17 driver's license in the form of a physical credential (issued under 18 IC 9-24-3), or a chauffeur's or a public passenger chauffeur's license, 19 including any endorsements in effect with respect to the license, must 20 apply in person at a license branch and do the following: 21 (1) Pass an eyesight examination. 22 (2) pass a written examination if: 23 (A) (1) the applicant has at least six (6) active points on the 24 applicant's driving record maintained by the bureau; 25 (B) (2) the applicant has not reached the applicant's 26 twenty-first birthday and has active points on the applicant's 27 driving record maintained by the bureau; or 28 (C) (3) the applicant is in possession of a driver's license that 29 is expired beyond one hundred eighty (180) days. 30 (b) The holder of a driver's license in the form of a physical 31 credential (issued under IC 9-24-3), a chauffeur's or a public passenger 32 chauffeur's license, or a learner's permit issued in the form of a physical 33 credential under IC 9-24-7 may renew the license, including any 34 endorsements in effect with respect to the license, by mail or by 35 electronic service, subject to the following conditions: 36 (1) A valid computerized image of the individual must exist 37 within the records of the bureau. 38 (2) The previous renewal of the individual's driver's license 39 (issued under IC 9-24-3), chauffeur's or public passenger 40 chauffeur's license, or a learner's permit issued under IC 9-24-7 41 must not have been by mail or by electronic service. 42 (3) The application for or previous renewal of the individual's 2026 IN 174—LS 6614/DI 147 7 1 license or permit must have included a test of the individual's 2 eyesight approved by the bureau. 3 (4) (3) If the individual were applying for the license or permit 4 renewal in person at a license branch, the individual would not be 5 required under subsection (a)(2) (a) to submit to a written 6 examination. 7 (5) (4) The individual must be a citizen of the United States, as 8 shown in the records of the bureau. 9 (6) (5) There must not have been any change in the: 10 (A) address; or 11 (B) name; 12 of the individual since the issuance or previous renewal of the 13 individual's driver's license (issued under IC 9-24-3), chauffeur's 14 or public passenger chauffeur's license, or a learner's permit 15 issued under IC 9-24-7. 16 (7) (6) The driver's license (issued under IC 9-24-3), chauffeur's 17 or public passenger chauffeur's license, or a learner's permit 18 issued under IC 9-24-7 of the individual must not be: 19 (A) suspended; or 20 (B) expired more than one hundred eighty (180) days; 21 at the time of the application for renewal. 22 (8) If the individual is seventy-five (75) years of age or older at 23 the time of the application for renewal, the individual must 24 provide proof, on a form approved by the bureau, that the 25 individual has passed an eyesight examination within thirty (30) 26 days prior to the renewal application. 27 (c) An individual applying for the renewal of a driver's license 28 issued in the form of a physical credential (issued under IC 9-24-3), a 29 chauffeur's license or a public passenger chauffeur's license, or a 30 learner's permit issued in the form of a physical credential under 31 IC 9-24-7, including any endorsements in effect with respect to the 32 license, must apply in person at a license branch under subsection (a) 33 if the individual is not entitled to apply by mail or by electronic service 34 under subsection (b). 35 (d) The bureau may not issue or renew a chauffeur's or a public 36 passenger chauffeur's license after December 31, 2016. If a holder of 37 a chauffeur's or a public passenger chauffeur's license applies after 38 December 31, 2016, for renewal of the chauffeur's or public passenger 39 chauffeur's license, the bureau shall issue to the holder a driver's 40 license under IC 9-24-3 with a for-hire endorsement if the holder: 41 (1) applies in a form and manner prescribed by the bureau; and 42 (2) satisfies the requirements for renewal of a driver's license 2026 IN 174—LS 6614/DI 147 8 1 issued under IC 9-24-3, including the fee and examination 2 requirements under this section. 3 (e) An individual applying for the renewal of a driver's license 4 issued in the form of a physical credential under IC 9-24-3 shall pay the 5 following applicable fee: 6 (1) If the individual is less than seventy-five (75) years of age, 7 seventeen dollars and fifty cents ($17.50). The fee shall be 8 distributed as follows: 9 (A) Fifty cents ($0.50) to the state motor vehicle technology 10 fund. 11 (B) Two dollars ($2) to the crossroads 2000 fund. 12 (C) Four dollars and fifty cents ($4.50) to the motor vehicle 13 highway account. 14 (D) One dollar and twenty-five cents ($1.25) to the integrated 15 public safety communications fund. 16 (E) Nine dollars and twenty-five cents ($9.25) to the 17 commission fund. 18 (2) If the individual is at least seventy-five (75) years of age and 19 less than eighty-five (85) years of age, eleven dollars ($11). The 20 fee shall be distributed as follows: 21 (A) Fifty cents ($0.50) to the state motor vehicle technology 22 fund. 23 (B) One dollar and fifty cents ($1.50) to the crossroads 2000 24 fund. 25 (C) Three dollars ($3) to the motor vehicle highway account. 26 (D) One dollar and twenty-five cents ($1.25) to the integrated 27 public safety communications fund. 28 (E) Four dollars and seventy-five cents ($4.75) to the 29 commission fund. 30 (3) If the individual is at least eighty-five (85) years of age, seven 31 dollars ($7). The fee shall be distributed as follows: 32 (A) Fifty cents ($0.50) to the state motor vehicle technology 33 fund. 34 (B) One dollar ($1) to the crossroads 2000 fund. 35 (C) Two dollars ($2) to the motor vehicle highway account. 36 (D) One dollar and twenty-five cents ($1.25) to the integrated 37 public safety communications fund. 38 (E) Two dollars and twenty-five cents ($2.25) to the 39 commission fund. 40 A fee paid under this subsection after December 31, 2016, includes the 41 renewal of any endorsements that are in effect with respect to the 42 driver's license issued in the form of a physical credential under 2026 IN 174—LS 6614/DI 147 9 1 IC 9-24-3 at the time of renewal. 2 SECTION 6. IC 10-14-3-23 IS AMENDED TO READ AS 3 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 23. This chapter may 4 not be construed to compel a person, either on behalf of: 5 (1) the person; 6 (2) the person's child less than eighteen (18) years of age; or 7 (3) a protected person for whom the person acts as a guardian; 8 to submit to any physical examination, medical treatment, or 9 immunization. if the person, parent, or guardian relies in good faith on 10 spiritual means or prayer to prevent or cure disease or suffering and 11 objects to the treatment in writing. 12 SECTION 7. IC 12-15-15-4.5 IS REPEALED [EFFECTIVE JULY 13 1, 2026]. Sec. 4.5. Payment to a hospital for a test required under 14 IC 16-41-6-4 must be in an amount equal to the hospital's actual cost 15 of performing the test and may not reduce or replace the reimbursement 16 of other services that are provided to the patient under the state 17 Medicaid program. The total cost to the state may not be more than 18 twenty-four thousand dollars ($24,000) in a state fiscal year. 19 SECTION 8. IC 12-17.2-2-1, AS AMENDED BY P.L.1-2025, 20 SECTION 171, IS AMENDED TO READ AS FOLLOWS 21 [EFFECTIVE JULY 1, 2026]: Sec. 1. The division shall perform the 22 following duties: 23 (1) Administer the licensing and monitoring of child care centers 24 or child care homes in accordance with this article. 25 (2) Ensure that a national criminal history background check of 26 the following is completed through the state police department 27 under IC 10-13-3-39 before issuing a license: 28 (A) An applicant for a license. 29 (B) An employee or volunteer of an applicant who may be 30 present on the premises of the child care center or child care 31 home during the operating hours of the child care center or 32 child care home. 33 (C) If an applicant is applying for a license to operate a child 34 care home, the following: 35 (i) The applicant's spouse. 36 (ii) The applicant's household members who are at least 37 eighteen (18) years of age or who are less than eighteen (18) 38 years of age but have previously been waived from juvenile 39 court to adult court. 40 (3) Ensure that a national criminal history background check of 41 the following is completed through the state police department 42 under IC 10-13-3-39 before registering a child care ministry: 2026 IN 174—LS 6614/DI 147 10 1 (A) An applicant for a child care ministry registration. 2 (B) An employee or volunteer of an applicant who may be 3 present on the premises of the child care ministry during the 4 operating hours of the child care ministry. 5 (4) Provide for the issuance, denial, suspension, and revocation of 6 licenses. 7 (5) Cooperate with governing bodies of child care centers and 8 child care homes and their staffs to improve standards of child 9 care. 10 (6) Prepare at least biannually a directory of licensees with a 11 description of the program capacity and type of children served 12 that will be distributed to the legislature, licensees, and other 13 interested parties as a public document. 14 (7) Deposit all license application fees collected under section 2 15 of this chapter in the division of family resources child care fund 16 established by section 3 of this chapter. 17 (8) Require each child care center or child care home to record 18 proof of a child's date of birth before accepting the child. A child's 19 date of birth may be proven by the child's original birth certificate 20 or other reliable proof of the child's date of birth, including a duly 21 attested transcript of a birth certificate. 22 (9) Provide a website through which members of the public may 23 obtain the following information: 24 (A) Information concerning violations of this article by a 25 licensed child care provider, including: 26 (i) the identity of the child care provider; 27 (ii) the date of the violation; and 28 (iii) action taken by the division in response to the violation. 29 (B) Current status of a child care provider's license. 30 (C) Other relevant information. 31 The website may not contain the address of a child care home or 32 information identifying an individual child. However, the website 33 may include the county and ZIP code in which a child care home 34 is located. 35 (10) Provide or approve training concerning safe sleeping 36 practices for children to: 37 (A) a provider who operates a child care program in the 38 provider's home as described in IC 12-17.2-3.5-12.5; 39 (B) a child care home licensed under IC 12-17.2-5; 40 (C) a child care center licensed under IC 12-17.2-4; and 41 (D) a child care ministry registered under IC 12-17.2-6; 42 including practices to reduce the risk of sudden infant death 2026 IN 174—LS 6614/DI 147 11 1 syndrome. 2 (11) Publish the information received from each licensed child 3 care center under IC 12-17.2-4-18.2 on the division's website. 4 SECTION 9. IC 12-17.2-3.5-11.1 IS REPEALED [EFFECTIVE 5 JULY 1, 2026]. Sec. 11.1. (a) After December 31, 2002, a provider 6 shall maintain and annually update documentation provided by the 7 physician of each child who is cared for in a facility where the provider 8 operates a child care program that the child has received complete age 9 appropriate immunizations, including: 10 (1) conjugated pneumococcal vaccine; and 11 (2) varicella vaccine or a demonstrated immunity to varicella. 12 The Indiana department of health shall determine for each age level the 13 immunizations that constitute complete age appropriate immunizations. 14 (b) A provider meets the requirement of subsection (a) if: 15 (1) a child's parent: 16 (A) objects to immunizations for religious reasons; and 17 (B) provides documentation of the parent's objection; 18 (2) the child's physician provides documentation of a medical 19 reason the child should not be immunized; or 20 (3) the child's physician provides documentation that the child is 21 currently in the process of receiving complete age appropriate 22 immunizations; 23 and the provider maintains and annually updates the documentation 24 provided by the parent or physician under this subsection. 25 SECTION 10. IC 12-17.2-4-18.1 IS REPEALED [EFFECTIVE 26 JULY 1, 2026]. Sec. 18.1. (a) After December 31, 2002, a licensee 27 shall maintain and annually update documentation provided by the 28 physician of each child who is cared for in a child care center where the 29 licensee provides child care that the child has received complete age 30 appropriate immunizations, including: 31 (1) conjugated pneumococcal vaccine; and 32 (2) varicella vaccine or a demonstrated immunity to varicella. 33 The Indiana department of health shall determine for each age level the 34 immunizations that constitute complete age appropriate immunizations. 35 (b) A licensee meets the requirement of subsection (a) if: 36 (1) a child's parent: 37 (A) objects to immunizations for religious reasons; and 38 (B) provides documentation of the parent's objection; 39 (2) the child's physician provides documentation of a medical 40 reason the child should not be immunized; or 41 (3) the child's physician provides documentation that the child is 42 currently in the process of receiving complete age appropriate 2026 IN 174—LS 6614/DI 147 12 1 immunizations; 2 and the licensee maintains and annually updates the documentation 3 provided by the parent or physician under this subsection. 4 SECTION 11. IC 12-17.2-4-18.2 IS ADDED TO THE INDIANA 5 CODE AS A NEW SECTION TO READ AS FOLLOWS 6 [EFFECTIVE JULY 1, 2026]: Sec. 18.2. A licensee shall report to the 7 division the ingredients in each food product provided to a child 8 enrolled at the child care center. 9 SECTION 12. IC 12-17.2-5-18.1 IS REPEALED [EFFECTIVE 10 JULY 1, 2026]. Sec. 18.1. (a) After December 31, 2002, a licensee 11 shall maintain and annually update documentation provided by the 12 physician of each child who is cared for in a child care home where the 13 licensee provides child care that the child has received complete age 14 appropriate immunizations, including: 15 (1) conjugated pneumococcal vaccine; and 16 (2) varicella vaccine or a demonstrated immunity to varicella. 17 The Indiana department of health shall determine for each age level the 18 immunizations that constitute complete age appropriate immunizations. 19 (b) A licensee meets the requirement of subsection (a) if: 20 (1) a child's parent: 21 (A) objects to immunizations for religious reasons; and 22 (B) provides documentation of the parent's objection; 23 (2) the child's physician provides documentation of a medical 24 reason the child should not be immunized; or 25 (3) the child's physician provides documentation that the child is 26 currently in the process of receiving complete age appropriate 27 immunizations; 28 and the licensee maintains and annually updates the documentation 29 provided by the parent or physician under this subsection. 30 SECTION 13. IC 12-17.2-6-11 IS REPEALED [EFFECTIVE JULY 31 1, 2026]. Sec. 11. (a) The parent or guardian of a child shall, when the 32 child is enrolled in a child care ministry, provide the child care ministry 33 with proof that the child has received the required immunizations 34 against the following: 35 (1) Diphtheria. 36 (2) Whooping cough. 37 (3) Tetanus. 38 (4) Measles. 39 (5) Rubella. 40 (6) Poliomyelitis. 41 (7) Mumps. 42 (b) A child enrolled in a child care ministry may not be required to 2026 IN 174—LS 6614/DI 147 13 1 undergo an immunization required under this section if the parents 2 object for religious reasons. The objection must be: 3 (1) made in writing; 4 (2) signed by the child's parent or guardian; and 5 (3) delivered to the child care ministry. 6 (c) If a physician certifies that a particular immunization required 7 by this section is or may be detrimental to the child's health, the 8 requirements of this section for that particular immunization are 9 inapplicable to that child until the immunization is found to be no 10 longer detrimental to the child's health. 11 SECTION 14. IC 13-18-16-17 IS ADDED TO THE INDIANA 12 CODE AS A NEW SECTION TO READ AS FOLLOWS 13 [EFFECTIVE JULY 1, 2026]: Sec. 17. (a) As used in this section, 14 "public water supply" means a system that: 15 (1) is for the provision to the public of water for human 16 consumption through pipes or other constructed conveyances; 17 and 18 (2) either: 19 (A) has at least fifteen (15) service connections; or 20 (B) regularly serves an average of at least twenty-five (25) 21 individuals daily at least sixty (60) days out of the year. 22 (b) A person may not add a chemical to a public water supply if 23 the primary purpose of adding the chemical is to affect human 24 health. 25 (c) This section does not prohibit a person from adding a 26 chemical to a public water supply for the purpose of purifying the 27 public water supply. 28 SECTION 15. IC 16-18-2-23 IS REPEALED [EFFECTIVE JULY 29 1, 2026]. Sec. 23. "Approved laboratory", for purposes of IC 16-41-6 30 and IC 16-41-15, has the meaning set forth in IC 16-41-15-1. 31 SECTION 16. IC 16-18-2-68.8 IS ADDED TO THE INDIANA 32 CODE AS A NEW SECTION TO READ AS FOLLOWS 33 [EFFECTIVE JULY 1, 2026]: Sec. 68.8. "Conscience", for purposes 34 of IC 16-18-5, has the meaning set forth in IC 16-18-5-1. 35 SECTION 17. IC 16-18-2-79.5, AS ADDED BY P.L.164-2023, 36 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 37 JULY 1, 2026]: Sec. 79.5. "Core public health services" means basic 38 services provided by local health departments or through local health 39 department contracts or grants with an entity, including the following: 40 (1) Food protection under IC 16-20-8 and IC 16-42-5. 41 (2) Communicable disease prevention and control under 42 IC 16-20-1 and IC 16-41. 2026 IN 174—LS 6614/DI 147 14 1 (3) Screening and case management for childhood lead exposure 2 and poisoning under IC 16-41-39.4. 3 (4) Pest and vector control and abatement under IC 16-41-33 and 4 IC 16-41-34. 5 (5) Inspection and testing of public and semipublic pools under 6 rules adopted by the state department in accordance with 7 IC 16-19-3-4. 8 (6) Residential onsite sewage system permitting and inspections 9 under IC 13-26-5 and IC 16-41-25. 10 (7) Orders for the decontamination of property used to illegally 11 manufacture a controlled substance under IC 16-19-3.1 and 12 IC 16-41-20. 13 (8) Sanitary inspections and surveys of public buildings under 14 IC 16-20-1-22. 15 (9) Sanitary operation of tattoo parlors and body piercing facilities 16 under rules adopted by the state department under 17 IC 16-19-3-4(c). 18 (10) Sanitary operations of facilities where eyelash extensions are 19 applied under rules adopted by the state department under 20 IC 16-19-3-4.5. 21 (11) Vital statistics under IC 16-20-1-17. 22 (12) Access to childhood and adult immunizations, including 23 immunizations required under IC 16-41-19. 24 (13) Tobacco prevention and cessation, including education on 25 vaping and smoking cessation for youth and pregnant women. 26 (14) Partnering with schools and school nurses to support student 27 health, including the following: 28 (A) evidence based education on nutrition and physical 29 activity. 30 (B) Hearing screenings under IC 20-34-3-14, vision screenings 31 under IC 20-34-3-12, and oral health screenings. 32 (15) Child fatality review under IC 16-49-2. 33 (16) Suicide and overdose fatality review under IC 16-49.5-2. 34 (17) Maternal and child health. 35 (18) Testing and counseling for HIV, hepatitis C, and other 36 sexually transmitted infections, in accordance with IC 20-30-5-13. 37 (19) Health promotion and education for preventing trauma and 38 injury, including safe sleep, child safety car seats, and bicycle 39 helmets for children. 40 (20) Tuberculosis control and case management. 41 (21) Emergency preparedness. 42 (22) Referrals to clinical care, including: 2026 IN 174—LS 6614/DI 147 15 1 (A) health screenings; 2 (B) prenatal care; and 3 (C) substance use disorder treatment. 4 (23) The prevention and reduction of chronic illnesses, including 5 the following: 6 (A) Obesity. 7 (B) Diabetes. 8 (C) Cardiovascular diseases, including hypertension and 9 hyperlipidemia. 10 (D) Hepatitis C. 11 (E) Cancer. 12 SECTION 18. IC 16-18-2-160.5, AS AMENDED BY P.L.3-2008, 13 SECTION 107, IS AMENDED TO READ AS FOLLOWS 14 [EFFECTIVE JULY 1, 2026]: Sec. 160.5. (a) "Health care entity", 15 for purposes of IC 16-18-5, has the meaning set forth in 16 IC 16-18-5-2. 17 (b) "Health care entity", for purposes of IC 16-41-42.1, has the 18 meaning set forth in IC 16-41-42.1-1. 19 SECTION 19. IC 16-18-2-163, AS AMENDED BY 20 P.L.179-2022(ss), SECTION 4, IS AMENDED TO READ AS 21 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 163. (a) Except as 22 provided in subsection (c), "health care provider", for purposes of 23 IC 16-21 and IC 16-41, means any of the following: 24 (1) An individual, a partnership, a corporation, a professional 25 corporation, a facility, or an institution licensed or legally 26 authorized by this state to provide health care or professional 27 services as a licensed physician, a psychiatric hospital, a hospital, 28 a health facility, an emergency ambulance service (IC 16-31-3), 29 a dentist, a registered or licensed practical nurse, a midwife, an 30 optometrist, a pharmacist, a podiatrist, a chiropractor, a physical 31 therapist, a respiratory care practitioner, an occupational therapist, 32 a psychologist, a paramedic, an emergency medical technician, an 33 advanced emergency medical technician, an athletic trainer, or a 34 person who is an officer, employee, or agent of the individual, 35 partnership, corporation, professional corporation, facility, or 36 institution acting in the course and scope of the person's 37 employment. 38 (2) A college, university, or junior college that provides health 39 care to a student, a faculty member, or an employee, and the 40 governing board or a person who is an officer, employee, or agent 41 of the college, university, or junior college acting in the course 42 and scope of the person's employment. 2026 IN 174—LS 6614/DI 147 16 1 (3) A blood bank, community mental health center, community 2 intellectual disability center, community health center, or migrant 3 health center. 4 (4) A home health agency (as defined in IC 16-27-1-2). 5 (5) A health maintenance organization (as defined in 6 IC 27-13-1-19). 7 (6) A health care organization whose members, shareholders, or 8 partners are health care providers under subdivision (1). 9 (7) A corporation, partnership, or professional corporation not 10 otherwise qualified under this subsection that: 11 (A) provides health care as one (1) of the corporation's, 12 partnership's, or professional corporation's functions; 13 (B) is organized or registered under state law; and 14 (C) is determined to be eligible for coverage as a health care 15 provider under IC 34-18 for the corporation's, partnership's, or 16 professional corporation's health care function. 17 Coverage for a health care provider qualified under this subdivision is 18 limited to the health care provider's health care functions and does not 19 extend to other causes of action. 20 (b) "Health care provider", for purposes of IC 16-35, has the 21 meaning set forth in subsection (a). However, for purposes of IC 16-35, 22 the term also includes a health facility (as defined in section 167 of this 23 chapter). 24 (c) "Health care provider", for purposes of IC 16-32-5, IC 16-36-5, 25 IC 16-36-6, and IC 16-41-10 means an individual licensed or 26 authorized by this state to provide health care or professional services 27 as: 28 (1) a licensed physician; 29 (2) a registered nurse; 30 (3) a licensed practical nurse; 31 (4) an advanced practice registered nurse; 32 (5) a certified nurse midwife; 33 (6) a paramedic; 34 (7) an emergency medical technician; 35 (8) an advanced emergency medical technician; 36 (9) an emergency medical responder, as defined by section 109.8 37 of this chapter; 38 (10) a licensed dentist; 39 (11) a home health aide, as defined by section 174 of this chapter; 40 or 41 (12) a licensed physician assistant. 42 The term includes an individual who is an employee or agent of a 2026 IN 174—LS 6614/DI 147 17 1 health care provider acting in the course and scope of the individual's 2 employment. 3 (d) "Health care provider", for purposes of IC 16-36-7, has the 4 meaning set forth in IC 16-36-7-12. 5 (e) "Health care provider", for purposes of IC 16-40-4, means any 6 of the following: 7 (1) An individual, a partnership, a corporation, a professional 8 corporation, a facility, or an institution licensed or authorized by 9 the state to provide health care or professional services as a 10 licensed physician, a psychiatric hospital, a hospital, a health 11 facility, an emergency ambulance service (IC 16-31-3), an 12 ambulatory outpatient surgical center, a dentist, an optometrist, a 13 pharmacist, a podiatrist, a chiropractor, a psychologist, or a 14 person who is an officer, employee, or agent of the individual, 15 partnership, corporation, professional corporation, facility, or 16 institution acting in the course and scope of the person's 17 employment. 18 (2) A blood bank, laboratory, community mental health center, 19 community intellectual disability center, community health 20 center, or migrant health center. 21 (3) A home health agency (as defined in IC 16-27-1-2). 22 (4) A health maintenance organization (as defined in 23 IC 27-13-1-19). 24 (5) A health care organization whose members, shareholders, or 25 partners are health care providers under subdivision (1). 26 (6) A corporation, partnership, or professional corporation not 27 otherwise specified in this subsection that: 28 (A) provides health care as one (1) of the corporation's, 29 partnership's, or professional corporation's functions; 30 (B) is organized or registered under state law; and 31 (C) is determined to be eligible for coverage as a health care 32 provider under IC 34-18 for the corporation's, partnership's, or 33 professional corporation's health care function. 34 (7) A person that is designated to maintain the records of a person 35 described in subdivisions (1) through (6). 36 (f) "Health care provider", for purposes of IC 16-45-4, has the 37 meaning set forth in 47 CFR 54.601(a). 38 (g) "Health care provider", for purposes of IC 16-18-5, has the 39 meaning set forth in IC 16-18-5-3. 40 SECTION 20. IC 16-18-2-163.7 IS ADDED TO THE INDIANA 41 CODE AS A NEW SECTION TO READ AS FOLLOWS 42 [EFFECTIVE JULY 1, 2026]: Sec. 163.7. "Health care service", for 2026 IN 174—LS 6614/DI 147 18 1 purposes of IC 16-18-5, has the meaning set forth in IC 16-18-5-4. 2 SECTION 21. IC 16-18-2-223.7 IS REPEALED [EFFECTIVE 3 JULY 1, 2026]. Sec. 223.7. "Medically contraindicated", for purposes 4 of IC 16-28-14 and IC 16-28-14.5, means that a vaccine would be 5 detrimental to an individual's health because of a medical condition of 6 the individual. 7 SECTION 22. IC 16-18-5 IS ADDED TO THE INDIANA CODE 8 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 9 JULY 1, 2026]: 10 Chapter 5. Health Care Freedom of Conscience 11 Sec. 1. As used in this chapter, "conscience" means religious, 12 moral, or ethical beliefs or principles. 13 Sec. 2. As used in this chapter, "health care entity" means an 14 entity, a partnership, a corporation, a professional corporation, a 15 facility, or an institution licensed or legally authorized by this state 16 to provide a health care service. 17 Sec. 3. (a) As used in this chapter, "health care provider" means 18 an individual licensed or authorized by this state to provide health 19 care services. 20 (b) The term includes an individual who is an employee or agent 21 of a health care provider acting in the course and scope of the 22 individual's employment. 23 Sec. 4. As used in this chapter, "health care service" means any 24 health care related service, treatment, or procedure to maintain, 25 diagnose, or treat an individual's physical or mental condition. 26 Sec. 5. (a) A health care provider may not be required to: 27 (1) perform; 28 (2) provide; 29 (3) participate in; or 30 (4) refer an individual for; 31 a health care service that violates the health care provider's 32 conscience. 33 (b) A health care provider may not be subject to any of the 34 following for declining to perform, provide, participate in, or refer 35 an individual for a health care service described in subsection (a): 36 (1) Discrimination, including denial of, revocation of, or 37 disqualification for: 38 (A) licensure, staff privileges, board certification, or career 39 specialty; 40 (B) a grant, contract, or other program; or 41 (C) a residency or other training opportunity. 42 (2) Adverse employment action, including termination of 2026 IN 174—LS 6614/DI 147 19 1 employment, transfer, demotion, reassignment to a different 2 shift, or loss or reduction of wages or benefits. 3 (3) Adverse administrative action. 4 (4) Disciplinary or retaliatory action. 5 (5) Criminal, administrative, or civil liability. 6 Sec. 6. (a) A health care entity may not be required to perform, 7 provide, participate in, or refer an individual for a health care 8 service that violates the health care entity's conscience, as 9 determined by the entity's existing or proposed: 10 (1) guidelines; 11 (2) mission statement; 12 (3) constitution; 13 (4) bylaws; 14 (5) articles of incorporation; 15 (6) regulations; or 16 (7) other documents. 17 (b) A health care entity that: 18 (1) declines to perform, provide, participate in, or refer an 19 individual for a health care service described in subsection 20 (a); 21 (2) discloses to the patient, in writing, that the health care 22 entity reserves the right to decline to perform, provide, 23 participate in, or refer the patient for a health care service 24 that violates the health care entity's conscience; and 25 (3) obtains written consent from the patient before the patient 26 is admitted to the health care entity's facility; 27 may not be criminally prosecuted or held administratively or 28 civilly liable for refusing to perform, provide, participate in, or 29 refer the patient for the health care service. 30 (c) A health care entity or a prospective health care entity may 31 not be subject to any of the following for declining to perform, 32 provide, participate in, or refer an individual for a health care 33 service described in subsection (a): 34 (1) Discrimination. 35 (2) Denial of, revocation of, or disqualification for: 36 (A) licensure; 37 (B) staff privileges; 38 (C) a grant; or 39 (D) any form of aid, assistance, benefit, or privilege. 40 (3) Denial of authorization to establish, expand, improve, 41 acquire, affiliate, or merge with the health care entity. 42 Sec. 7. (a) A person injured by a violation of this chapter may 2026 IN 174—LS 6614/DI 147 20 1 bring an action against the person that violated this chapter. 2 (b) It is not a defense in an action under this chapter that a 3 violation was necessary to prevent additional burden or expense on 4 a health care provider, a health care entity, an individual, or a 5 patient. 6 (c) A person whose rights have been violated by a violation of 7 this chapter may assert the violation or impending violation as a 8 claim or defense in a judicial, administrative, or other proceeding. 9 Sec. 8. A prevailing plaintiff in an action brought under section 10 7 of this chapter is entitled to the following: 11 (1) Injunctive relief. 12 (2) The greater of: 13 (A) an amount not to exceed three (3) times the actual 14 damages sustained; or 15 (B) liquidated damages of five thousand dollars ($5,000). 16 (3) Court costs and reasonable attorney's fees. 17 (4) Any other appropriate relief determined by the court. 18 SECTION 23. IC 16-21-7-4, AS AMENDED BY P.L.112-2020, 19 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 20 JULY 1, 2026]: Sec. 4. With the approval of the budget director and 21 upon the recommendation of the budget committee, each county that 22 has incurred costs for an individual with a communicable disease 23 under: 24 (1) IC 16-41-1; 25 (2) IC 16-41-2; 26 (3) IC 16-41-3; 27 (4) IC 16-41-5; 28 (5) (4) IC 16-41-6; 29 (6) (5) IC 16-41-7; 30 (7) (6) IC 16-41-8; 31 (8) (7) IC 16-41-9; or 32 (9) (8) IC 16-41-13; 33 is entitled to a pro rata share of the money remaining at the end of the 34 state fiscal year in the fund established under this chapter. 35 SECTION 24. IC 16-28-14 IS REPEALED [EFFECTIVE JULY 1, 36 2026]. (Patient Immunizations). 37 SECTION 25. IC 16-28-14.5 IS REPEALED [EFFECTIVE JULY 38 1, 2026]. (Health Facility Employee Immunizations). 39 SECTION 26. IC 16-38-5-1, AS AMENDED BY P.L.45-2020, 40 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 41 JULY 1, 2026]: Sec. 1. (a) The state department shall maintain an 42 immunization data registry to collect, store, analyze, release, and report 2026 IN 174—LS 6614/DI 147 21 1 immunization data. 2 (b) Except as provided in subsection (c), data in the immunization 3 data registry may be used only for the following purposes: 4 (1) To assure that necessary immunizations are provided and 5 overimmunization is avoided. 6 (2) To assess immunization coverage rates. 7 (3) To determine areas of underimmunization and other 8 epidemiological research for disease control purposes. 9 (4) To document that required immunizations have been provided 10 as required for school or child care admission. 11 (5) (4) To accomplish other public health purposes as determined 12 by the state department. 13 (c) The immunization data registry may be used to store and release 14 other nonimmunization personal health information maintained by the 15 state department, including blood lead screening and newborn 16 screening information, so providers and the individual may access the 17 health information. However, section 3 of this chapter does not apply 18 to the release of nonimmunization personal health information. 19 Nonimmunization personal health information may be released only in 20 accordance with state and federal laws concerning that personal health 21 information. 22 (d) The state department may adopt rules under IC 4-22-2 23 concerning who may input and retrieve information from the 24 immunization data registry. 25 SECTION 27. IC 16-41-5 IS REPEALED [EFFECTIVE JULY 1, 26 2026]. (Communicable Disease: Investigation by Health Officers; 27 Examination of Individuals With Communicable Disease). 28 SECTION 28. IC 16-41-6-1, AS AMENDED BY P.L.112-2020, 29 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 30 JULY 1, 2026]: Sec. 1. (a) As used in this section, "physician's 31 authorized representative" means: 32 (1) an advanced practice registered nurse (as defined by 33 IC 25-23-1-1(b)) who is operating in collaboration with a licensed 34 physician; or 35 (2) an individual acting under the supervision of a licensed 36 physician and within the individual's scope of employment. 37 (b) A physician or the physician's authorized representative shall not 38 order an HIV test on an individual under the care of a physician unless 39 the physician or the physician's authorized representative does the 40 following: 41 (1) Informs the patient of the test, orally or in writing. 42 (2) Provides the patient with an explanation of the test orally, in 2026 IN 174—LS 6614/DI 147 22 1 writing, by video, or by a combination of these methods. 2 (3) Informs the patient of the patient's right to ask questions and 3 to refuse the test. 4 Subject to subsection (e), If the patient refuses the test, the physician 5 or the physician's authorized representative may not perform the test 6 and shall document the patient's refusal in the patient's medical record. 7 (c) Unless it is clearly not feasible, the information delivered to the 8 patient who is to be tested under subsection (b) must be provided in the 9 native language or other communication used by the patient. If the 10 patient is unable to read written materials, the materials must be 11 translated or read to the patient in a language the patient understands. 12 (d) After ordering an HIV test for a patient, the physician or the 13 physician's authorized representative shall notify the patient of the test 14 results and the availability of HIV and other bloodborne disease 15 prevention counseling. If a test conducted under this section indicates 16 that a patient is HIV positive, in addition to the requirements set forth 17 in IC 16-41-2, the physician or the physician's authorized 18 representative shall inform the patient of the availability of counseling 19 and of the treatment and referral options available to the patient. 20 (e) A physician or a physician's authorized representative may order 21 an HIV test to be performed without informing the patient or the 22 patient's representative (as defined in IC 16-36-1-2) of the test or 23 regardless of the patient's or the patient's representative's refusal of the 24 HIV test if any of the following conditions apply: 25 (1) If ordered by a physician, consent can be implied due to 26 emergency circumstances and the test is medically necessary to 27 diagnose or treat the patient's emergent condition. 28 (2) Under a court order based on clear and convincing evidence 29 of a serious and present health threat to others posed by an 30 individual. A patient shall be notified of the patient's right to: 31 (A) a hearing; and 32 (B) counsel; 33 before a hearing is held under this subdivision. Any hearing 34 conducted under this subdivision shall be held in camera at the 35 request of the individual. 36 (3) If the test is done on blood collected or tested anonymously as 37 part of an epidemiologic survey under IC 16-41-2-3 or 38 IC 16-41-17-10(a)(5). 39 (4) The test is ordered under section 4 of this chapter. 40 (5) The test is required or authorized under IC 11-10-3-2.5. 41 (6) The individual upon whom the test will be performed is 42 described in IC 16-41-8-6 or IC 16-41-10-2.5. 2026 IN 174—LS 6614/DI 147 23 1 (7) A court has ordered the individual to undergo testing for HIV 2 under IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(17). 3 (f) (e) The state department shall make HIV testing and treatment 4 information from the federal Centers for Disease Control and 5 Prevention available to health care providers. 6 (g) (f) The state department may adopt rules under IC 4-22-2 7 necessary to implement this section. 8 SECTION 29. IC 16-41-6-2, AS AMENDED BY P.L.112-2020, 9 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2026]: Sec. 2. (a) As used in this section, "informed consent" 11 means authorization for a physical examination, made without undue 12 inducement or any form of force, fraud, constraint, deceit, duress, or 13 coercion after the following: 14 (1) A fair explanation of the examination, including the purpose, 15 potential uses, limitations, and the fair meaning of the 16 examination results. 17 (2) A fair explanation of the procedures to be followed, including 18 the following: 19 (A) The voluntary nature of the examination. 20 (B) The right to withdraw consent to the examination process 21 at any time. 22 (C) The right to anonymity to the extent provided by law with 23 respect to participation in the examination and disclosure of 24 examination results. 25 (D) The right to confidential treatment to the extent provided 26 by law of information identifying the subject of the 27 examination and the results of the examination. 28 (b) If the state health commissioner, the state health commissioner's 29 legally authorized agent, or local health official has reasonable grounds 30 to believe that an individual may have a communicable disease or other 31 disease that poses a serious health risk, the state health commissioner, 32 the state health commissioner's legally authorized agent, or local health 33 officer may ask the individual for written informed consent to be 34 examined to prevent the transmission of the disease to other 35 individuals. 36 (c) If the individual, when requested, refuses such an examination, 37 the state health commissioner, the state health commissioner's legally 38 authorized agent, or local health officer may not compel the 39 examination. only upon a court order based on clear and convincing 40 evidence of a serious and present health threat to others posed by the 41 individual. 42 (d) A hearing held under this section shall be held in camera at the 2026 IN 174—LS 6614/DI 147 24 1 request of the individual. 2 SECTION 30. IC 16-41-6-3 IS REPEALED [EFFECTIVE JULY 1, 3 2026]. Sec. 3. (a) Except as otherwise provided, a person who 4 recklessly violates or fails to comply with this chapter commits a Class 5 B misdemeanor. 6 (b) Each day a violation continues constitutes a separate offense. 7 SECTION 31. IC 16-41-6-4 IS REPEALED [EFFECTIVE JULY 1, 8 2026]. Sec. 4. (a) Subject to subsection (f), if: 9 (1) the mother of a newborn infant has not had a test performed 10 under section 5 or 6 of this chapter; 11 (2) the mother of a newborn infant has refused a test for the 12 newborn infant to detect HIV or the antibody or antigen to HIV; 13 and 14 (3) a physician believes that testing the newborn infant is 15 medically necessary; 16 the physician overseeing the care of the newborn infant may order a 17 confidential test for the newborn infant in order to detect HIV or the 18 antibody or antigen to HIV. The test must be ordered at the earliest 19 feasible time not exceeding forty-eight (48) hours after the birth of the 20 infant. 21 (b) If the physician orders a test under subsection (a), the physician 22 must: 23 (1) notify the mother of the newborn infant of the test; and 24 (2) provide HIV information and counseling to the mother. The 25 information and counseling must include the following: 26 (A) The purpose of the test. 27 (B) The risks and benefits of the test. 28 (C) A description of the methods of HIV transmission. 29 (D) A discussion of risk reduction behavior modifications, 30 including methods to reduce the risk of perinatal HIV 31 transmission and HIV transmission through breast milk. 32 (E) Referral information to other HIV prevention, health care, 33 and psychosocial services. 34 (c) The confidentiality provisions of IC 16-41-2-3 apply to this 35 section. 36 (d) The results of the confidential test ordered under subsection (a) 37 must be released to the mother of the newborn infant. 38 (e) If a test ordered under subsection (a) is positive, the person who 39 provides the results of the test shall inform the mother of the newborn 40 infant of treatment options or referral options available to the newborn 41 infant. 42 (f) If a parent of the newborn infant objects in writing for reasons 2026 IN 174—LS 6614/DI 147 25 1 pertaining to religious beliefs, the newborn infant is exempt from the 2 test under subsection (a). 3 (g) The state department shall adopt rules under IC 4-22-2 to carry 4 out this section. 5 (h) The results of a test performed under this section are 6 confidential. 7 (i) The state department shall apply for funds under Section 2625 of 8 the Ryan White CARE Amendments of 1996 (42 U.S.C. 300ff-21 et 9 seq.) to pay for all tests conducted under subsection (a). 10 SECTION 32. IC 16-41-6-5 IS REPEALED [EFFECTIVE JULY 1, 11 2026]. Sec. 5. (a) This section applies to: 12 (1) a physician licensed under IC 25-22.5; or 13 (2) an advanced practice registered nurse licensed under 14 IC 25-23; 15 who provides prenatal care within the scope of the provider's license. 16 (b) Subject to section 8 of this chapter, an individual described in 17 subsection (a) who: 18 (1) diagnoses the pregnancy of a woman; or 19 (2) is primarily responsible for providing prenatal care to a 20 pregnant woman; 21 shall order to be taken a sample of the pregnant woman's blood and 22 shall submit the sample to an approved laboratory for a standard 23 licensed diagnostic test for HIV. 24 SECTION 33. IC 16-41-6-6 IS REPEALED [EFFECTIVE JULY 1, 25 2026]. Sec. 6. Subject to section 8 of this chapter, if, at the time of 26 delivery, there is no written evidence that a standard licensed 27 diagnostic test for HIV has been performed under section 5 of this 28 chapter, the physician or advanced practice registered nurse in 29 attendance at the delivery shall order to be taken a sample of the 30 woman's blood at the time of the delivery and shall submit the sample 31 to an approved laboratory for a standard licensed diagnostic test for 32 HIV. 33 SECTION 34. IC 16-41-6-7 IS AMENDED TO READ AS 34 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 7. A pregnant woman 35 has a right to refuse a test under section 5 or 6 of this chapter. standard 36 licensed diagnostic test for HIV. 37 SECTION 35. IC 16-41-6-8, AS AMENDED BY P.L.129-2018, 38 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 39 JULY 1, 2026]: Sec. 8. (a) This section applies to a physician or an 40 advanced practice registered nurse who orders an HIV test under 41 section 5 or 6 of this chapter or to the physician's or nurse's designee. 42 (b) An individual described in subsection (a) shall: 2026 IN 174—LS 6614/DI 147 26 1 (1) inform the pregnant woman that: 2 (A) the individual is required by law to order an HIV test 3 unless the pregnant woman refuses; and 4 (B) the pregnant woman has a right to refuse the test; and 5 (2) explain to the pregnant woman: 6 (A) the purpose of the test; and 7 (B) the risks and benefits of the test. 8 (c) An individual described in subsection (a) shall document in the 9 pregnant woman's medical records that the pregnant woman received 10 the information required under subsection (b). 11 (d) If a pregnant woman refuses to consent to an HIV test, the 12 refusal must be noted by an individual described in subsection (a) in 13 the pregnant woman's medical records. 14 (e) If a test ordered under section 5 or 6 of this chapter is positive, 15 an individual described in subsection (a): 16 (1) shall inform the pregnant woman of the test results; 17 (2) shall inform the pregnant woman of the treatment options or 18 referral options available to the pregnant woman; and 19 (3) shall: 20 (A) provide the pregnant woman with a description of the 21 methods of HIV transmission; 22 (B) discuss risk reduction behavior modifications with the 23 pregnant woman, including methods to reduce the risk of 24 perinatal HIV transmission and HIV transmission through 25 breast milk; and 26 (C) provide the pregnant woman with referral information to 27 other HIV prevention, health care, and psychosocial services. 28 (f) The provisions of IC 16-41-2-3 apply to a positive HIV test under 29 section 5 or 6 of this chapter. 30 (g) The results of a test performed under section 5 or 6 of this 31 chapter are confidential. 32 (h) As a routine component of prenatal care, every individual 33 described in subsection (a) a physician or an advanced practice 34 registered nurse is required to provide information and counseling 35 regarding HIV and the standard licensed diagnostic test for HIV and to 36 offer and recommend the standard licensed diagnostic test for HIV. 37 (i) An individual described in subsection (a) shall document: 38 (1) the oral or written consent of the pregnant woman to be tested; 39 and 40 (2) that the pregnant woman was counseled and provided the 41 required information set forth in subsection (b) to ensure that an 42 informed decision has been made. 2026 IN 174—LS 6614/DI 147 27 1 (j) A pregnant woman who refuses a test under this section must do 2 so in writing. 3 SECTION 36. IC 16-41-6-11, AS AMENDED BY P.L.112-2020, 4 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2026]: Sec. 11. (a) The state department shall adopt rules 6 under IC 4-22-2 that include procedures: 7 (1) to inform the woman of the test results under this chapter, 8 whether they are positive or negative; 9 (2) for explaining the side effects of any treatment for HIV if the 10 test results under this chapter are positive; and 11 (3) to establish a process for a woman who tests positive under 12 this chapter to appeal the woman's status on a waiting list on a 13 treatment program for which the woman is eligible. The rule 14 must: 15 (A) include a requirement that the state department make a 16 determination in the process described in this subdivision not 17 later than seventy-two (72) hours after the state department 18 receives all the requested medical information; and 19 (B) set forth the necessary medical information that must be 20 provided to the state department and reviewed by the state 21 department in the process described in this subdivision. 22 (b) The state department shall maintain rules under IC 4-22-2 that 23 set forth standards to provide to women who are pregnant, before 24 delivery, at delivery, and after delivery, information concerning HIV. 25 The rules must include: 26 (1) an explanation of the nature of AIDS and HIV; 27 (2) information concerning discrimination and legal protections; 28 (3) information concerning the duty to notify persons at risk as 29 described in IC 16-41-7-1; 30 (4) information about risk behaviors for HIV transmission; 31 (5) information about the risk of transmission through breast 32 feeding; 33 (6) notification that if the woman chooses not to be tested for HIV 34 before delivery, at delivery the child will be tested subject to 35 section 4 of this chapter; 36 (7) (6) procedures for obtaining informed, written consent for 37 testing under this chapter; 38 (8) (7) procedures for post-test counseling by a health care 39 provider when the test results are communicated to the woman, 40 whether the results are positive or negative; 41 (9) (8) procedures for referral for physical and emotional services 42 if the test results are positive; 2026 IN 174—LS 6614/DI 147 28 1 (10) (9) procedures for explaining the importance of immediate 2 entry into medical care if the test results are positive; and 3 (11) (10) procedures for explaining that the use of antiretroviral 4 drugs and other medical interventions lessen the likelihood of 5 transmitting HIV to the child during childbirth. 6 SECTION 37. IC 16-41-6-13 IS AMENDED TO READ AS 7 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 13. (a) Women who: 8 (1) meet all qualifications to participate in the children's health 9 insurance program, the AIDS drug assistance program, the health 10 insurance assistance program, or any other health care program of 11 the state; and 12 (2) test positive under section 5 or 6 of this chapter; on a 13 standard licensed diagnostic test for HIV; 14 shall be given first priority on a waiting list for the program if a waiting 15 list exists. If a program does not have a waiting list, the woman 16 described in this subsection shall be automatically approved and 17 accepted into the program. 18 (b) If the state department determines during the process described 19 in section 11(a)(3) of this chapter that the treatment of a woman who 20 tests positive under this chapter should not be interrupted because of 21 medical necessity, the woman may enter a program described in 22 subsection (a) regardless of the existence of a waiting list for the 23 program. 24 SECTION 38. IC 16-41-7-3, AS AMENDED BY P.L.56-2023, 25 SECTION 158, IS AMENDED TO READ AS FOLLOWS 26 [EFFECTIVE JULY 1, 2026]: Sec. 3. (a) A licensed physician who 27 diagnoses, treats, or counsels a patient with a serious communicable 28 disease shall inform the patient of the patient's duty under section 1 of 29 this chapter. 30 (b) A physician described in subsection (a) may notify the 31 following: 32 (1) A health officer if the physician has reasonable cause to 33 believe that a patient: 34 (A) is a serious and present risk to the health of others as 35 described in section 2(a) of this chapter; 36 (B) has engaged in noncompliant behavior; or 37 (C) is suspected of being a person at risk (as defined in section 38 1 of this chapter). 39 (2) A person at risk (as defined in section 1 of this chapter) or a 40 person legally responsible for the patient if the physician: 41 (A) has medical verification that the patient is an individual 42 with a communicable disease; 2026 IN 174—LS 6614/DI 147 29 1 (B) knows the identity of the person at risk; 2 (C) has a reasonable belief of a significant risk of harm to the 3 identified person at risk; 4 (D) has reason to believe the identified person at risk has not 5 been informed and will not be informed of the risk by the 6 patient or another person; and 7 (E) has made reasonable efforts to inform the individual with 8 a communicable disease of the physician's intent to make or 9 cause the state department to make a disclosure to the person 10 at risk. 11 (c) A physician who notifies a person at risk under this section shall 12 do the following: 13 (1) Identify the serious communicable disease. 14 (2) Inform the person of available health care measures such as 15 counseling and testing. 16 (d) A physician who in good faith provides notification under this 17 section is not subject to liability in a civil, an administrative, a 18 disciplinary, or a criminal action. 19 (e) A patient's privilege with respect to a physician under 20 IC 34-46-3-1 is waived regarding: 21 (1) notification under subsection (b); and 22 (2) information provided about a patient's noncompliant behavior 23 in an investigation or action under this chapter, IC 16-41-2, 24 IC 16-41-3, IC 16-41-5, IC 16-41-6, IC 16-41-8, IC 16-41-9, 25 IC 16-41-13, IC 16-41-14, and IC 16-41-16. 26 (f) A physician's immunity from liability under subsection (d) 27 applies only to the provision of information reasonably calculated to 28 protect an identified person who is at epidemiological risk of infection. 29 (g) A physician who notifies a person under this section is also 30 required to satisfy the reporting requirements under IC 16-41-2-2 31 through IC 16-41-2-8. 32 SECTION 39. IC 16-41-7-4, AS AMENDED BY P.L.112-2020, 33 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2026]: Sec. 4. (a) As used in this section, "person at risk" 35 means an individual who in the best judgment of a licensed physician: 36 (1) has engaged in high risk activity (as defined in section 1 of 37 this chapter); or 38 (2) is in imminent risk of engaging in high risk activity (as 39 defined in section 1 of this chapter). 40 (b) If a health officer is notified in writing by a physician under 41 section 3(b)(1)(A) of this chapter of a patient: 42 (1) for whom the physician has medical verification that the 2026 IN 174—LS 6614/DI 147 30 1 patient is an individual with a communicable disease; and 2 (2) who, in the best judgment of the physician, is a serious and 3 present risk to the health of others; 4 the health officer shall make an investigation of the individual with a 5 communicable disease as authorized in IC 16-41-5-2 to determine 6 whether the environmental conditions surrounding the individual with 7 a communicable disease or the conduct of the individual with a 8 communicable disease requires the intervention by the health officer or 9 designated health official to prevent the transmission of disease to 10 others. 11 (c) If the state department is requested in writing by a physician who 12 has complied with the requirements of section 3(b)(2) of this chapter 13 to notify a person at risk, the state department shall notify the person 14 at risk unless, in the opinion of the state department, the person at risk: 15 (1) has already been notified; 16 (2) will be notified; or 17 (3) will otherwise be made aware that the person is a person at 18 risk. 19 (d) The state department shall establish a confidential registry of all 20 persons submitting written requests under subsection (c). 21 (e) The state department shall adopt rules under IC 4-22-2 to 22 implement this section. Local health officers may submit advisory 23 guidelines to the state department to implement this chapter, 24 IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. The 25 state department shall fully consider such advisory guidelines before 26 adopting a rule under IC 4-22-2-29 implementing this chapter, 27 IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. 28 SECTION 40. IC 16-41-8-5 IS REPEALED [EFFECTIVE JULY 1, 29 2026]. Sec. 5. (a) This section does not apply to medical testing of an 30 individual for whom an indictment or information is filed for a sex 31 crime and for whom a request to have the individual tested under 32 section 6 of this chapter is filed. 33 (b) The following definitions apply throughout this section: 34 (1) "Bodily fluid" means blood, human waste, or any other bodily 35 fluid. 36 (2) "Serious disease" means any of the following: 37 (A) Chancroid. 38 (B) Chlamydia. 39 (C) Gonorrhea. 40 (D) Hepatitis. 41 (E) Human immunodeficiency virus (HIV). 42 (F) Lymphogranuloma venereum. 2026 IN 174—LS 6614/DI 147 31 1 (G) Syphilis. 2 (H) Tuberculosis. 3 (3) "Offense involving the transmission of a bodily fluid" means 4 any offense (including a delinquent act that would be a crime if 5 committed by an adult) in which a bodily fluid is transmitted from 6 the defendant to the victim in connection with the commission of 7 the offense. 8 (c) This subsection applies only to a defendant who has been 9 charged with a potentially disease transmitting offense. At the request 10 of an alleged victim of the offense, the parent, guardian, or custodian 11 of an alleged victim who is less than eighteen (18) years of age, or the 12 parent, guardian, or custodian of an alleged victim who is an 13 endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney 14 shall petition a court to order a defendant charged with the commission 15 of a potentially disease transmitting offense to submit to a screening 16 test to determine whether the defendant is infected with a serious 17 disease. In the petition, the prosecuting attorney must set forth 18 information demonstrating that the defendant has committed a 19 potentially disease transmitting offense. The court shall set the matter 20 for hearing not later than forty-eight (48) hours after the prosecuting 21 attorney files a petition under this subsection. The alleged victim, the 22 parent, guardian, or custodian of an alleged victim who is less than 23 eighteen (18) years of age, and the parent, guardian, or custodian of an 24 alleged victim who is an endangered adult (as defined in IC 12-10-3-2) 25 are entitled to receive notice of the hearing and are entitled to attend 26 the hearing. The defendant and the defendant's counsel are entitled to 27 receive notice of the hearing and are entitled to attend the hearing. If, 28 following the hearing, the court finds probable cause to believe that the 29 defendant has committed a potentially disease transmitting offense, the 30 court may order the defendant to submit to a screening test for one (1) 31 or more serious diseases. The court shall take actions to ensure the 32 confidentiality of evidence introduced at the hearing. 33 (d) This subsection applies only to a defendant who has been 34 charged with an offense involving the transmission of a bodily fluid. At 35 the request of an alleged victim of the offense, the parent, guardian, or 36 custodian of an alleged victim who is less than eighteen (18) years of 37 age, or the parent, guardian, or custodian of an alleged victim who is 38 an endangered adult (as defined in IC 12-10-3-2), the prosecuting 39 attorney shall petition a court to order a defendant charged with the 40 commission of an offense involving the transmission of a bodily fluid 41 to submit to a screening test to determine whether the defendant is 42 infected with a serious disease. In the petition, the prosecuting attorney 2026 IN 174—LS 6614/DI 147 32 1 must set forth information demonstrating that: 2 (1) the defendant has committed an offense; and 3 (2) a bodily fluid was transmitted from the defendant to the victim 4 in connection with the commission of the offense. 5 The court shall set the matter for hearing not later than forty-eight (48) 6 hours after the prosecuting attorney files a petition under this 7 subsection. The alleged victim of the offense, the parent, guardian, or 8 custodian of an alleged victim who is less than eighteen (18) years of 9 age, and the parent, guardian, or custodian of an alleged victim who is 10 an endangered adult (as defined in IC 12-10-3-2) are entitled to receive 11 notice of the hearing and are entitled to attend the hearing. The 12 defendant and the defendant's counsel are entitled to receive notice of 13 the hearing and are entitled to attend the hearing. If, following the 14 hearing, the court finds probable cause to believe that the defendant has 15 committed an offense and that a bodily fluid was transmitted from the 16 defendant to the alleged victim in connection with the commission of 17 the offense, the court may order the defendant to submit to a screening 18 test for one (1) or more serious diseases. The court shall take actions to 19 ensure the confidentiality of evidence introduced at the hearing. 20 (e) The testimonial privileges applying to communication between 21 a husband and wife and between a health care provider and the health 22 care provider's patient are not sufficient grounds for not testifying or 23 providing other information at a hearing conducted in accordance with 24 this section. 25 (f) A health care provider (as defined in IC 16-18-2-163) who 26 discloses information that must be disclosed to comply with this 27 section is immune from civil and criminal liability under Indiana 28 statutes that protect patient privacy and confidentiality. 29 (g) The results of a screening test conducted under this section shall 30 be kept confidential if the defendant ordered to submit to the screening 31 test under this section has not been convicted of the potentially disease 32 transmitting offense or offense involving the transmission of a bodily 33 fluid with which the defendant is charged. The results may not be made 34 available to any person or public or private agency other than the 35 following: 36 (1) The defendant and the defendant's counsel. 37 (2) The prosecuting attorney. 38 (3) The department of correction or the penal facility, juvenile 39 detention facility, or secure private facility where the defendant 40 is housed. 41 (4) The alleged victim or the parent, guardian, or custodian of an 42 alleged victim who is less than eighteen (18) years of age, or the 2026 IN 174—LS 6614/DI 147 33 1 parent, guardian, or custodian of an alleged victim who is an 2 endangered adult (as defined in IC 12-10-3-2), and the alleged 3 victim's counsel. 4 The results of a screening test conducted under this section may not be 5 admitted against a defendant in a criminal proceeding or against a child 6 in a juvenile delinquency proceeding. 7 (h) As soon as practicable after a screening test ordered under this 8 section has been conducted, the alleged victim or the parent, guardian, 9 or custodian of an alleged victim who is less than eighteen (18) years 10 of age, or the parent, guardian, or custodian of an alleged victim who 11 is an endangered adult (as defined in IC 12-10-3-2), and the victim's 12 counsel shall be notified of the results of the test. 13 (i) An alleged victim may disclose the results of a screening test to 14 which a defendant is ordered to submit under this section to an 15 individual or organization to protect the health and safety of or to seek 16 compensation for: 17 (1) the alleged victim; 18 (2) the alleged victim's sexual partner; or 19 (3) the alleged victim's family. 20 (j) The court shall order a petition filed and any order entered under 21 this section sealed. 22 (k) A person that knowingly or intentionally: 23 (1) receives notification or disclosure of the results of a screening 24 test under this section; and 25 (2) discloses the results of the screening test in violation of this 26 section; 27 commits a Class B misdemeanor. 28 SECTION 41. IC 16-41-8-6 IS REPEALED [EFFECTIVE JULY 1, 29 2026]. Sec. 6. (a) If an indictment or information alleges that the 30 defendant compelled another person to engage in sexual activity by 31 force or threat of force, the alleged victim of the offense described in 32 the indictment or information may request that the defendant against 33 whom the indictment or information is filed be tested for the human 34 immunodeficiency virus (HIV). 35 (b) Not later than forty-eight (48) hours after an alleged victim 36 described in subsection (a) requests that the defendant be tested for the 37 human immunodeficiency virus (HIV), the defendant must be tested for 38 the human immunodeficiency virus (HIV). 39 (c) As soon as practicable, the results of a test for the human 40 immunodeficiency virus (HIV) conducted under subsection (b) shall be 41 sent to: 42 (1) the alleged victim; 2026 IN 174—LS 6614/DI 147 34 1 (2) the parent or guardian of the alleged victim, if the alleged 2 victim is less than eighteen (18) years of age; and 3 (3) the defendant. 4 (d) If follow-up testing of the defendant for the human 5 immunodeficiency virus (HIV) is necessary, the results of follow-up 6 testing of the defendant shall be sent to: 7 (1) the alleged victim; 8 (2) the parent or guardian of the alleged victim if the alleged 9 victim is less than eighteen (18) years of age; and 10 (3) the defendant. 11 SECTION 42. IC 16-41-9-1.5 IS REPEALED [EFFECTIVE JULY 12 1, 2026]. Sec. 1.5. (a) If a public health authority has reason to believe 13 that: 14 (1) an individual: 15 (A) has been infected with; or 16 (B) has been exposed to; 17 a serious communicable disease or outbreak; and 18 (2) the individual is likely to cause the infection of an uninfected 19 individual if the individual is not restricted in the individual's 20 ability to come into contact with an uninfected individual; 21 the public health authority may petition a circuit or superior court for 22 an order imposing isolation or quarantine on the individual. A petition 23 for isolation or quarantine filed under this subsection must be verified 24 and include a brief description of the facts supporting the public health 25 authority's belief that isolation or quarantine should be imposed on an 26 individual, including a description of any efforts the public health 27 authority made to obtain the individual's voluntary compliance with 28 isolation or quarantine before filing the petition. 29 (b) Except as provided in subsections (e) and (k), an individual 30 described in subsection (a) is entitled to notice and an opportunity to 31 be heard, in person or by counsel, before a court issues an order 32 imposing isolation or quarantine. A court may restrict an individual's 33 right to appear in person if the court finds that the individual's personal 34 appearance is likely to expose an uninfected person to a serious 35 communicable disease or outbreak. 36 (c) If an individual is restricted from appearing in person under 37 subsection (b), the court shall hold the hearing in a manner that allows 38 all parties to fully and safely participate in the proceedings under the 39 circumstances. 40 (d) If the public health authority proves by clear and convincing 41 evidence that: 42 (1) an individual has been infected or exposed to a serious 2026 IN 174—LS 6614/DI 147 35 1 communicable disease or outbreak; and 2 (2) the individual is likely to cause the infection of an uninfected 3 individual if the individual is not restricted in the individual's 4 ability to come into contact with an uninfected individual; 5 the court may issue an order imposing isolation or quarantine on the 6 individual. The court shall establish the conditions of isolation or 7 quarantine, including the duration of isolation or quarantine. The court 8 shall impose the least restrictive conditions of isolation or quarantine 9 that are consistent with the protection of the public. 10 (e) If the public health authority has reason to believe that an 11 individual described in subsection (a) is likely to expose an uninfected 12 individual to a serious communicable disease or outbreak before the 13 individual described in subsection (a) can be provided with notice and 14 an opportunity to be heard, the public health authority may seek in a 15 circuit or superior court an emergency order of quarantine or isolation 16 by filing a verified petition for emergency quarantine or isolation. The 17 verified petition must include a brief description of the facts supporting 18 the public health authority's belief that: 19 (1) isolation or quarantine should be imposed on an individual; 20 and 21 (2) the individual described in subsection (a) may expose an 22 uninfected individual to a serious communicable disease or 23 outbreak before the individual described in subsection (a) can be 24 provided with notice and an opportunity to be heard. 25 The verified petition must include a description of any efforts the 26 public health authority made to obtain the individual's voluntary 27 compliance with isolation or quarantine before filing the petition. 28 (f) If the public health authority proves by clear and convincing 29 evidence that: 30 (1) an individual has been infected or exposed to a serious 31 communicable disease or outbreak; 32 (2) the individual is likely to cause the infection of an uninfected 33 individual if the individual is not restricted in the individual's 34 ability to come into contact with an uninfected individual; and 35 (3) the individual may expose an uninfected individual to a 36 serious communicable disease or outbreak before the individual 37 can be provided with notice and an opportunity to be heard; 38 the court may issue an emergency order imposing isolation or 39 quarantine on the individual. The court shall establish the duration and 40 other conditions of isolation or quarantine. The court shall impose the 41 least restrictive conditions of isolation or quarantine that are consistent 42 with the protection of the public. 2026 IN 174—LS 6614/DI 147 36 1 (g) A court may issue an emergency order of isolation or quarantine 2 without the verified petition required under subsection (e) if the court 3 receives sworn testimony of the same facts required in the verified 4 petition: 5 (1) in a nonadversarial, recorded hearing before the judge; 6 (2) orally by telephone or radio; 7 (3) in writing by facsimile transmission (fax); or 8 (4) through other electronic means approved by the court. 9 If the court agrees to issue an emergency order of isolation or 10 quarantine based upon information received under subdivision (2), the 11 court shall direct the public health authority to sign the judge's name 12 and to write the time and date of issuance on the proposed emergency 13 order. If the court agrees to issue an emergency order of isolation or 14 quarantine based upon information received under subdivision (3), the 15 court shall direct the public health authority to transmit a proposed 16 emergency order to the court, which the court shall sign, add the date 17 of issuance, and transmit back to the public health authority. A court 18 may modify the conditions of a proposed emergency order. 19 (h) If an emergency order of isolation or quarantine is issued under 20 subsection (g)(2), the court shall record the conversation on audiotape 21 and order the court reporter to type or transcribe the recording for entry 22 in the record. The court shall certify the audiotape, the transcription, 23 and the order retained by the judge for entry in the record. 24 (i) If an emergency order of isolation or quarantine is issued under 25 subsection (g)(3), the court shall order the court reporter to retype or 26 copy the facsimile transmission for entry in the record. The court shall 27 certify the transcription or copy and order retained by the judge for 28 entry in the record. 29 (j) The clerk shall notify the public health authority who received an 30 emergency order under subsection (g)(2) or (g)(3) when the 31 transcription or copy required under this section is entered in the 32 record. The public health authority shall sign the typed, transcribed, or 33 copied entry upon receiving notice from the court reporter. 34 (k) The public health authority may issue an immediate order 35 imposing isolation or quarantine on an individual if exigent 36 circumstances, including the number of affected individuals, exist that 37 make it impracticable for the public health authority to seek an order 38 from a court, and obtaining the individual's voluntary compliance is or 39 has proven impracticable or ineffective. An immediate order of 40 isolation or quarantine expires after seventy-two (72) hours, excluding 41 Saturdays, Sundays, and legal holidays, unless renewed in accordance 42 with subsection (l). The public health authority shall establish the other 2026 IN 174—LS 6614/DI 147 37 1 conditions of isolation or quarantine. The public health authority shall 2 impose the least restrictive conditions of isolation or quarantine that are 3 consistent with the protection of the public. If the immediate order 4 applies to a group of individuals and it is impracticable to provide 5 individual notice, the public health authority shall post a copy of the 6 order where it is likely to be seen by individuals subject to the order. 7 (l) The public health authority may seek to renew an order of 8 isolation or quarantine or an immediate order of isolation or quarantine 9 issued under this section by doing the following: 10 (1) By filing a petition to renew the emergency order of isolation 11 or quarantine or the immediate order of isolation or quarantine 12 with: 13 (A) the court that granted the emergency order of isolation or 14 quarantine; or 15 (B) a circuit or superior court, in the case of an immediate 16 order. 17 The petition for renewal must include a brief description of the 18 facts supporting the public health authority's belief that the 19 individual who is the subject of the petition should remain in 20 isolation or quarantine and a description of any efforts the public 21 health authority made to obtain the individual's voluntary 22 compliance with isolation or quarantine before filing the petition. 23 (2) By providing the individual who is the subject of the 24 emergency order of isolation or quarantine or the immediate order 25 of isolation or quarantine with a copy of the petition and notice of 26 the hearing at least twenty-four (24) hours before the time of the 27 hearing. 28 (3) By informing the individual who is the subject of the 29 emergency order of isolation or quarantine or the immediate order 30 of isolation or quarantine that the individual has the right to: 31 (A) appear, unless the court finds that the individual's personal 32 appearance may expose an uninfected person to a serious 33 communicable disease or outbreak; 34 (B) cross-examine witnesses; and 35 (C) counsel, including court appointed counsel in accordance 36 with subsection (c). 37 (4) If: 38 (A) the petition applies to a group of individuals; and 39 (B) it is impracticable to provide individual notice; 40 by posting the petition in a conspicuous location on the isolation 41 or quarantine premises. 42 (m) If the public health authority proves by clear and convincing 2026 IN 174—LS 6614/DI 147 38 1 evidence at a hearing under subsection (l) that: 2 (1) an individual has been infected or exposed to a serious 3 communicable disease or outbreak; and 4 (2) the individual is likely to cause the infection of an uninfected 5 individual if the individual is not restricted in the individual's 6 ability to come into contact with an uninfected individual; 7 the court may renew the existing order of isolation or quarantine or 8 issue a new order imposing isolation or quarantine on the individual. 9 The court shall establish the conditions of isolation or quarantine, 10 including the duration of isolation or quarantine. The court shall 11 impose the least restrictive conditions of isolation or quarantine that are 12 consistent with the protection of the public. 13 (n) Unless otherwise provided by law, a petition for isolation or 14 quarantine, or a petition to renew an immediate order for isolation or 15 quarantine, may be filed in a circuit or superior court in any county. 16 Preferred venue for a petition described in this subsection is: 17 (1) the county or counties (if the area of isolation or quarantine 18 includes more than one (1) county) where the individual, 19 premises, or location to be isolated or quarantined is located; or 20 (2) a county adjacent to the county or counties (if the area of 21 isolation or quarantine includes more than one (1) county) where 22 the individual, premises, or location to be isolated or quarantined 23 is located. 24 This subsection does not preclude a change of venue for good cause 25 shown. 26 (o) Upon the motion of any party, or upon its own motion, a court 27 may consolidate cases for a hearing under this section if: 28 (1) the number of individuals who may be subject to isolation or 29 quarantine, or who are subject to isolation or quarantine, is so 30 large as to render individual participation impractical; 31 (2) the law and the facts concerning the individuals are similar; 32 and 33 (3) the individuals have similar rights at issue. 34 A court may appoint an attorney to represent a group of similarly 35 situated individuals if the individuals can be adequately represented. 36 An individual may retain his or her own counsel or proceed pro se. 37 (p) A public health authority that imposes a quarantine that is not in 38 the person's home: 39 (1) shall allow the parent or guardian of a child who is 40 quarantined under this section; and 41 (2) may allow an adult; 42 to remain with the quarantined individual in quarantine. As a condition 2026 IN 174—LS 6614/DI 147 39 1 of remaining with the quarantined individual, the public health 2 authority may require a person described in subdivision (2) who has not 3 been exposed to a serious communicable disease to receive an 4 immunization or treatment for the disease or condition, if an 5 immunization or treatment is available and if requiring immunization 6 or treatment does not violate a constitutional right. 7 (q) If an individual who is quarantined under this section is the sole 8 parent or guardian of one (1) or more children who are not quarantined, 9 the child or children shall be placed in the residence of a relative, 10 friend, or neighbor of the quarantined individual until the quarantine 11 period has expired. Placement under this subsection must be in 12 accordance with the directives of the parent or guardian, if possible. 13 (r) State and local law enforcement agencies shall cooperate with 14 the public health authority in enforcing an order of isolation or 15 quarantine. 16 (s) The court shall appoint an attorney to represent an indigent 17 individual in an action brought under this chapter or under IC 16-41-6. 18 If funds to pay for the court appointed attorney are not available from 19 any other source, the state department may use the proceeds of a grant 20 or loan to reimburse the county, state, or attorney for the costs of 21 representation. 22 (t) A person who knowingly or intentionally violates a condition of 23 isolation or quarantine under this chapter commits violating quarantine 24 or isolation, a Class A misdemeanor. 25 (u) The state department shall adopt rules under IC 4-22-2 to 26 implement this section, including rules to establish guidelines for: 27 (1) voluntary compliance with isolation and quarantine; 28 (2) quarantine locations and logistical support; and 29 (3) moving individuals to and from a quarantine location. 30 The absence of rules adopted under this subsection does not preclude 31 the public health authority from implementing any provision of this 32 section. 33 SECTION 43. IC 16-41-9-1.6, AS AMENDED BY P.L.1-2007, 34 SECTION 138, IS AMENDED TO READ AS FOLLOWS 35 [EFFECTIVE JULY 1, 2026]: Sec. 1.6. (a) A public health authority 36 may impose or petition a court to impose a quarantine and do the 37 following: 38 (1) Distribute information to the public concerning: 39 (A) the risks of the disease; 40 (B) how the disease is transmitted; 41 (C) available precautions to reduce the risk of contracting the 42 disease; 2026 IN 174—LS 6614/DI 147 40 1 (D) the symptoms of the disease; and 2 (E) available medical or nonmedical treatments available for 3 the disease. 4 (2) Instruct the public concerning social distancing. 5 (3) Request that the public inform the public health authority or 6 a law enforcement agency if a family member contracts the 7 disease. 8 (4) Instruct the public on self quarantine and provide a distinctive 9 means of identifying a home that is self quarantined. 10 (5) Instruct the public on the use of masks, gloves, disinfectant, 11 and other means of reducing exposure to the disease. 12 (6) Close schools, athletic events, and other nonessential 13 situations in which people gather. 14 If a quarantine is imposed under section 1.5 of this chapter, the public 15 health authority shall ensure that, to the extent possible, quarantined 16 individuals have sufficient supplies to remain in their own home. 17 (b) If an out of home, nonhospital quarantine is imposed on an 18 individual, the individual shall be housed as close as possible to the 19 individual's residence. 20 (c) In exercising the powers described in this section or in section 21 1.5 of this chapter, the public health authority may not prohibit a 22 person lawfully permitted to possess a firearm from possessing one (1) 23 or more firearms unless the person is quarantined in a mass quarantine 24 location. The public health authority may not remove a firearm from 25 the person's home, even if the person is quarantined in a mass 26 quarantine location. 27 (d) (b) This section does not prohibit a public health authority from 28 adopting rules and enforcing rules to implement this section if the rules 29 are not inconsistent with this section. 30 SECTION 44. IC 16-41-9-1.7, AS AMENDED BY P.L.112-2020, 31 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2026]: Sec. 1.7. (a) An immunization program established by 33 a public health authority to combat a public health emergency 34 involving a serious communicable disease must comply with the 35 following: 36 (1) The state department must develop and distribute or post 37 information concerning the risks and benefits of immunization. 38 (2) No person may be required to receive an immunization 39 without that person's consent. No child may be required to receive 40 an immunization without the consent of the child's parent, 41 guardian, or custodian. The state department may implement the 42 procedures described in section 1.5 of this chapter concerning a 2026 IN 174—LS 6614/DI 147 41 1 person who refuses to receive an immunization or the child of a 2 parent, guardian, or custodian who refuses to consent to the child 3 receiving an immunization. 4 (b) The state department shall adopt rules to implement this section. 5 The absence of rules adopted under this subsection does not preclude 6 the public health authority from implementing any provision of this 7 section. 8 SECTION 45. IC 16-41-9-3 IS REPEALED [EFFECTIVE JULY 1, 9 2026]. Sec. 3. (a) The local health officer may exclude from school a 10 student who has a serious communicable disease that: 11 (1) is transmissible through normal school contacts; and 12 (2) poses a substantial threat to the health and safety of the school 13 community. 14 (b) If the local health officer subsequently determines that a student 15 who has been excluded from school under subsection (a) does not have 16 a serious communicable disease that: 17 (1) is transmissible through normal school contacts; and 18 (2) poses a substantial threat to the health and safety of the school 19 community; 20 the local health officer shall issue a certificate of health to admit or 21 readmit the student to school. 22 (c) A person who objects to the determination made by the local 23 health officer under this section may appeal to the executive board of 24 the state department, which is the ultimate authority. IC 4-21.5 applies 25 to proceedings under this section. 26 SECTION 46. IC 16-41-9-5 IS REPEALED [EFFECTIVE JULY 1, 27 2026]. Sec. 5. (a) If a designated health official determines that an 28 individual with a communicable disease has a serious communicable 29 disease and has reasonable grounds to believe that the individual with 30 a communicable disease is mentally ill and either dangerous or gravely 31 disabled, the designated health official may request emergency 32 detention under IC 12-26-5 for the purpose of having the individual 33 with a communicable disease apprehended, detained, and examined. 34 The designated health official may provide to the superintendent of the 35 psychiatric hospital or center or the attending physician information 36 about the communicable disease status of the individual with a 37 communicable disease. Communications under this subsection do not 38 constitute a breach of confidentiality. 39 (b) If the application for detention required under IC 12-26-5 states 40 there is probable cause to believe the individual with a communicable 41 disease is mentally ill and either dangerous or gravely disabled and 42 requires continuing care and treatment, proceedings may continue 2026 IN 174—LS 6614/DI 147 42 1 under IC 12-26. 2 (c) If the court does not approve an application for detention 3 required under IC 12-26-5, or if an application for detention is not 4 timely filed, the individual with a communicable disease shall be 5 referred to the designated health official who may take action under 6 this article. 7 SECTION 47. IC 16-41-9-6 IS REPEALED [EFFECTIVE JULY 1, 8 2026]. Sec. 6. (a) The chief medical officer of a hospital or other 9 institutional facility may direct that an individual with a communicable 10 disease detained under this article be placed apart from the others and 11 restrained from leaving the facility. An individual with a 12 communicable disease detained under this article shall observe all the 13 rules of the facility or is subject to further action before the committing 14 court. 15 (b) An individual with a communicable disease detained under this 16 article who leaves a tuberculosis hospital or other institutional facility 17 without being authorized to leave or who fails to return from an 18 authorized leave without having been formally discharged is 19 considered absent without leave. 20 (c) The sheriff of the county in which an individual with a 21 communicable disease referred to in subsection (b) is found shall 22 apprehend the individual with a communicable disease and return the 23 individual with a communicable disease to the facility at which the 24 individual with a communicable disease was being detained upon 25 written request of the superintendent of the facility. Expenses incurred 26 under this section are treated as expenses described in section 13 of 27 this chapter. 28 SECTION 48. IC 16-41-9-7 IS REPEALED [EFFECTIVE JULY 1, 29 2026]. Sec. 7. (a) An individual with a communicable disease who: 30 (1) poses a serious and present risk to the health of others; 31 (2) has been voluntarily admitted to a hospital or other facility for 32 the treatment of tuberculosis or another serious communicable 33 disease; and 34 (3) who leaves the facility without authorized leave or against 35 medical advice or who fails to return from authorized leave; 36 shall be reported to a health officer by the facility not more than 37 twenty-four (24) hours after discovery of the individual with a 38 communicable disease's absence. 39 (b) If a health officer fails or refuses to institute or complete 40 necessary legal measures to prevent a health threat (as defined in 41 IC 16-41-7-2) by the individual with a communicable disease, the case 42 shall be referred to a designated health official for appropriate action 2026 IN 174—LS 6614/DI 147 43 1 under this article. 2 SECTION 49. IC 16-41-9-8 IS REPEALED [EFFECTIVE JULY 1, 3 2026]. Sec. 8. (a) A local health officer may file a report with the court 4 that states that an individual with a communicable disease who has 5 been detained under this article may be discharged without danger to 6 the health or life of others. 7 (b) The court may enter an order of release based on information 8 presented by the local health officer or other sources. 9 SECTION 50. IC 16-41-9-10 IS REPEALED [EFFECTIVE JULY 10 1, 2026]. Sec. 10. (a) The administrator of a hospital or other facility 11 for the treatment of tuberculosis or other serious communicable disease 12 may transfer or authorize the transfer of a nonresident indigent 13 individual with a communicable disease to the state or county of legal 14 residence of the individual with a communicable disease if the 15 individual with a communicable disease is able to travel. If the 16 individual with a communicable disease is unable to travel, the 17 administrator may have the individual with a communicable disease 18 hospitalized until the individual with a communicable disease is able 19 to travel. 20 (b) Costs for the travel and hospitalization authorized by this section 21 shall be paid by the: 22 (1) individual with a communicable disease under section 13 of 23 this chapter; or 24 (2) state department if the individual with a communicable 25 disease cannot pay the full cost. 26 SECTION 51. IC 16-41-9-12, AS AMENDED BY P.L.112-2020, 27 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2026]: Sec. 12. (a) The superintendent or the chief executive 29 officer of the facility to which an individual with a communicable 30 disease has been ordered under this chapter may decline to admit a 31 patient if the superintendent or chief executive officer determines that 32 there is not available adequate space, treatment staff, or treatment 33 facilities appropriate to the needs of the patient. 34 (b) (a) The state department may commence an action under 35 IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and 36 a civil penalty not to exceed one thousand dollars ($1,000) per 37 violation per day against a person who: 38 (1) fails to comply with IC 16-41-1 through IC 16-41-3, 39 IC 16-41-5 IC 16-41-6 through IC 16-41-9, IC 16-41-13, 40 IC 16-41-14, or IC 16-41-16 or a rule adopted under these 41 chapters; or 42 (2) interferes with or obstructs the state department or the state 2026 IN 174—LS 6614/DI 147 44 1 department's designated agent in the performance of official 2 duties under IC 16-41-1 through IC 16-41-3, IC 16-41-5 3 IC 16-41-6 through IC 16-41-9, IC 16-41-13, IC 16-41-14, or 4 IC 16-41-16 or a rule adopted under these chapters. 5 (c) (b) The state department may commence an action against a 6 facility licensed by the state department under either subsection (b) or 7 the licensure statute for that facility. but the state department may not 8 bring an action arising out of one (1) incident under both statutes. 9 SECTION 52. IC 16-41-9-13 IS REPEALED [EFFECTIVE JULY 10 1, 2026]. Sec. 13. (a) The court shall determine what part of the cost of 11 care or treatment ordered by the court, if any, the individual with a 12 communicable disease can pay and whether there are other available 13 sources of public or private funding responsible for payment of the 14 individual's care or treatment. The individual with a communicable 15 disease shall provide the court documents and other information 16 necessary to determine financial ability. If the individual with a 17 communicable disease cannot pay the full cost of care and other 18 sources of public or private funding responsible for payment of the 19 individual's care or treatment are not available, the county is 20 responsible for the cost. If the individual with a communicable disease: 21 (1) provides inaccurate or misleading information; or 22 (2) later becomes able to pay the full cost of care; 23 the individual with a communicable disease becomes liable to the 24 county for costs paid by the county. 25 (b) Except as provided in subsections (c) and (d), the costs incurred 26 by the county under this chapter are limited to the costs incurred under 27 section 1.5 of this chapter. 28 (c) However, subsection (b) does not relieve the county of the 29 responsibility for the costs of an individual with a communicable 30 disease who is ordered by the court under this chapter to a county 31 facility. 32 (d) Costs, other than costs described in subsections (b) and (c) that 33 are incurred by the county for care ordered by the court under this 34 chapter, shall be reimbursed by the state under IC 16-21-7 to the extent 35 funds have been appropriated for reimbursement. 36 SECTION 53. IC 16-41-9-15 IS REPEALED [EFFECTIVE JULY 37 1, 2026]. Sec. 15. In carrying out its duties under this chapter, a public 38 health authority shall attempt to seek the cooperation of cases, 39 individuals with a communicable disease, contacts, or suspect cases to 40 implement the least restrictive but medically necessary procedures to 41 protect the public health. 42 SECTION 54. IC 16-41-15-1 IS REPEALED [EFFECTIVE JULY 2026 IN 174—LS 6614/DI 147 45 1 1, 2026]. Sec. 1. As used in this chapter, "approved laboratory" means 2 a laboratory approved by the state department for making serological 3 tests. 4 SECTION 55. IC 16-41-15-6 IS REPEALED [EFFECTIVE JULY 5 1, 2026]. Sec. 6. A person in professional attendance at a birth shall 6 carefully examine the eyes of the infant and if there is reason for 7 suspecting infection in one (1) or both eyes, the person in professional 8 attendance at the birth shall apply such prophylactic treatment as may 9 be prescribed by the state department. 10 SECTION 56. IC 16-41-15-10 IS REPEALED [EFFECTIVE JULY 11 1, 2026]. Sec. 10. A physician who diagnoses a pregnancy of a woman 12 shall take or cause to be taken a sample of blood: 13 (1) at the time of diagnosis of pregnancy; and 14 (2) during the third trimester of pregnancy, if the woman belongs 15 to a high risk population for which the Centers for Disease 16 Control “Sexually Transmitted Diseases Treatment Guidelines" 17 recommend a third trimester syphilis testing; 18 and shall submit each sample to an approved laboratory for a standard 19 serological test for syphilis. 20 SECTION 57. IC 16-41-15-11 IS REPEALED [EFFECTIVE JULY 21 1, 2026]. Sec. 11. A person other than a physician who is permitted by 22 law to attend a pregnant woman, but who is not permitted by law to 23 take blood specimens, shall cause a sample of the blood of the pregnant 24 woman to be taken by a licensed physician, who shall submit the 25 sample to an approved laboratory for a standard serological test for 26 syphilis. 27 SECTION 58. IC 16-41-15-12 IS REPEALED [EFFECTIVE JULY 28 1, 2026]. Sec. 12. If at the time of delivery positive evidence is not 29 available to show that standard serological tests for syphilis have been 30 made in accordance with section 10 of this chapter, the person in 31 attendance at the delivery shall take or cause to be taken a sample of 32 the blood of the woman at the time of the delivery and shall submit the 33 sample to an approved laboratory for a standard serological test for 34 syphilis. 35 SECTION 59. IC 16-41-15-15 IS REPEALED [EFFECTIVE JULY 36 1, 2026]. Sec. 15. Whenever a person with a sexually transmitted 37 infection is admitted to a benevolent, charitable, or penal institution or 38 correctional facility of Indiana, the warden or official in charge of the 39 institution or correctional facility shall institute and provide the proper 40 treatment for the person and shall carry out laboratory tests necessary 41 to determine the nature, course, duration, and results of the treatment. 42 SECTION 60. IC 16-41-15-16, AS AMENDED BY P.L.147-2023, 2026 IN 174—LS 6614/DI 147 46 1 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2026]: Sec. 16. The services of the laboratory of the state 3 department shall be available without charge for the laboratory 4 diagnoses and tests as may be necessary to carry out sections section 5 14 and 15 of this chapter. The state institutions and the state 6 department shall cooperate in every reasonable way in the prevention 7 and suppression of sexually transmitted infection. 8 SECTION 61. IC 16-41-15-17 IS REPEALED [EFFECTIVE JULY 9 1, 2026]. Sec. 17. Sections 10 through 12 of this chapter do not apply 10 to the following: 11 (1) A person who administers to or treats the sick or suffering by 12 spiritual means or prayer. 13 (2) A person who, because of the person's religious belief, in good 14 faith selects and depends upon spiritual means or prayer for 15 treatment or cure of diseases. 16 SECTION 62. IC 16-41-39.8-7, AS AMENDED BY P.L.156-2011, 17 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 18 JULY 1, 2026]: Sec. 7. (a) The lead trust fund established by 19 IC 13-17-14-6 (repealed) is reestablished to provide a source of money 20 for the purposes set forth in subsection (f). 21 (b) The expenses of administering the fund shall be paid from the 22 money in the fund. 23 (c) The treasurer of state shall invest the money in the fund not 24 currently needed to meet the obligations of the fund in the same 25 manner as other public money may be invested. Interest that accrues 26 from these investments shall be deposited in the fund. 27 (d) Money in the fund at the end of a state fiscal year does not revert 28 to the state general fund. 29 (e) The sources of money for the fund are the following: 30 (1) License fees established under section 6 of this chapter. 31 (2) Appropriations made by the general assembly, gifts, and 32 donations intended for deposit in the fund. 33 (3) Penalties imposed under sections section 14 and 15 of this 34 chapter for violations of this chapter and rules adopted under this 35 chapter concerning lead-based paint activities. 36 (4) Any gifts and grants to the fund. 37 (f) The state department may use money in the fund to do the 38 following: 39 (1) Pay the expenses of administering this chapter. 40 (2) Cover other costs related to implementation of 40 CFR 745 for 41 lead-based paint activities in target housing and child occupied 42 facilities. 2026 IN 174—LS 6614/DI 147 47 1 SECTION 63. IC 16-41-39.8-10, AS ADDED BY P.L.57-2009, 2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2026]: Sec. 10. Without limiting the authority to inspect under 4 IC 16-41-5-1, The state department may do the following: 5 (1) Inspect the site of a lead-based paint activities project: 6 (A) during the project; or 7 (B) after the project is completed. 8 (2) Conduct an investigation of a lead-based paint activities 9 project upon: 10 (A) the state department's own initiation; or 11 (B) the receipt of a complaint by a person. 12 (3) Conduct an investigation of the provider of a lead-based paint 13 activities training course upon: 14 (A) the state department's own initiation; or 15 (B) the receipt of a complaint by a person. 16 SECTION 64. IC 16-41-39.8-15 IS REPEALED [EFFECTIVE 17 JULY 1, 2026]. Sec. 15. A person who obstructs, delays, resists, 18 prevents, or interferes with: 19 (1) the state department; or 20 (2) the state department's personnel or designated agent; 21 in the performance of an inspection or investigation performed under 22 IC 16-41-5-1 commits a Class C infraction. Each day of violation of 23 this section constitutes a separate infraction. 24 SECTION 65. IC 16-42-5.3-1, AS AMENDED BY P.L.151-2024, 25 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2026]: Sec. 1. (a) As used in this chapter, "board" refers 27 to the Indiana state board of animal health established by 28 IC 15-17-3-1. 29 (a) (b) As used in this chapter, "end consumer" means a person who 30 is the last person to purchase any food product or meat product and 31 who does not resell the food product. 32 (c) As used in this chapter, "meat product" has the meaning set 33 forth in IC 15-17-2-54. 34 (b) (d) As used in this chapter, "roadside stand" means a structure, 35 including a tent, stand, vehicle, or trailer that is: 36 (1) visible from a road; and 37 (2) located not more than one hundred (100) feet from the edge of 38 the side of the road; 39 where whole uncut produce, food products that are not time 40 temperature control for safety food, poultry that is exempt under 41 IC 15-17-5-11, rabbits, or eggs permitted for sale by the state egg board 42 are sold to an end consumer. 2026 IN 174—LS 6614/DI 147 48 1 SECTION 66. IC 16-42-5.3-3, AS ADDED BY P.L.49-2022, 2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2026]: Sec. 3. The production and sale of: 4 (1) food products by a home based vendor; or 5 (2) meat products; 6 in accordance with this chapter are exempt from the requirements of 7 this title that apply to food establishments. 8 SECTION 67. IC 16-42-5.3-7, AS ADDED BY P.L.49-2022, 9 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 10 JULY 1, 2026]: Sec. 7. (a) A home based vendor or an individual 11 selling meat products shall obtain a food handler certificate from a 12 certificate issuer that is accredited by the American National Standards 13 Institute. 14 (b) Upon request, a home based vendor or an individual selling 15 meat products shall provide a copy of the food handler certificate 16 required by subsection (a) to the state department or an end consumer. 17 (c) A home based vendor or an individual selling meat products 18 shall provide a copy of the food handler certificate required by 19 subsection (a) to the local health department in the county where the 20 individual selling meat products or the home based vendor's 21 residence is located. 22 SECTION 68. IC 16-42-5.3-10.5 IS ADDED TO THE INDIANA 23 CODE AS A NEW SECTION TO READ AS FOLLOWS 24 [EFFECTIVE JULY 1, 2026]: Sec. 10.5. (a) This section applies to 25 the sale of meat products by an individual at the individual's 26 primary residence. 27 (b) For the purpose of conducting sales at the individual's 28 primary residence, meat products from animals: 29 (1) raised at the individual's primary residence; and 30 (2) slaughtered and processed at an official establishment (as 31 defined in IC 15-17-2-72); 32 are exempt from the requirements of this title that apply to food 33 establishments. Meat products at the individual's primary 34 residence where the product is produced must be kept frozen at the 35 point of sale and through delivery by the producer to the end 36 consumer. An individual who sells meat products under this section 37 shall comply with the label requirements set forth in this chapter. 38 (c) An individual who sells a meat product under this section 39 may not further alter or process a meat product that is slaughtered 40 and processed at an official establishment. 41 (d) An individual selling a meat product under this section must 42 comply with all refrigeration and freezer requirements for meat 2026 IN 174—LS 6614/DI 147 49 1 products required by: 2 (1) the board; or 3 (2) the state department. 4 (e) Before an individual sells meat products under this section, 5 the individual shall do the following: 6 (1) Obtain a food handler certificate from a certificate issuer 7 that is accredited by the American National Standards 8 Institute. 9 (2) Complete and pass the certified food protection manager 10 course from a list of providers approved by the state 11 department. 12 (f) Upon request, an individual selling meat products shall 13 provide a copy of the food handler certificate required by 14 subsection (e) to the state department or an end consumer. 15 (g) An individual selling meat products shall provide a copy of 16 the food handler certificate required by subsection (e) to the local 17 health department in the county where the individual selling meat 18 products from cattle or swine or the home based vendor's 19 residence is located. 20 (h) The state department shall make the list of approved 21 certified food protection manager courses available on its website 22 by July 1, 2027. 23 SECTION 69. IC 16-42-5.3-12, AS ADDED BY P.L.49-2022, 24 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2026]: Sec. 12. Notwithstanding any other law, a local unit of 26 government (as defined in IC 14-22-31.5-1) may not by ordinance or 27 resolution require any licensure, certification, or inspection of foods or 28 food products of a home based vendor or an individual vendor who 29 prepares and sells food products or meat products under this chapter. 30 SECTION 70. IC 16-49-4-11, AS AMENDED BY THE 31 TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL 32 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 33 JULY 1, 2026]: Sec. 11. (a) The statewide child fatality review 34 committee shall submit to the legislative council, governor, department 35 of child services, state department, and commission on improving the 36 status of children in Indiana on or before December 31 of each year a 37 report that includes the following information: 38 (1) A summary of the data collected and reviewed by the 39 statewide child fatality review committee in the previous calendar 40 year. 41 (2) Trends and patterns that have been identified by the statewide 42 child fatality review committee concerning deaths of children in 2026 IN 174—LS 6614/DI 147 50 1 Indiana. 2 (3) Recommended actions or resources to prevent future child 3 fatalities in Indiana. 4 A report submitted under this section to the legislative council must be 5 in an electronic format under IC 5-14-6. 6 (b) The statewide child fatality review committee shall provide a 7 copy of a report submitted under this section to a member of the public 8 upon request. 9 (c) The state department shall make the report available on the state 10 department's Internet web site. website. 11 (d) A summary of data collected under subsection (a)(1) must 12 include the most recent date on which a child whose death is being 13 reviewed had received an immunization. 14 SECTION 71. IC 16-50-1-6, AS AMENDED BY P.L.65-2021, 15 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2026]: Sec. 6. (a) If a health care provider or a health care 17 facility has a patient who suffers a death occurring during pregnancy, 18 irrespective of the duration and site of the pregnancy, through one (1) 19 year after the pregnancy and the health care provider or health care 20 facility has knowledge of the circumstances of the maternal death, the 21 health care provider or the health care facility shall report the maternal 22 death for review to the statewide maternal mortality review committee 23 in the manner established by the statewide maternal mortality review 24 coordinator under IC 16-50-2-4. 25 (b) The state department may provide data held by the state 26 department, including: 27 (1) vital statistics; 28 (2) trauma data; and 29 (3) hospital discharge data; and 30 (4) immunization data; 31 to the statewide maternal mortality review coordinator to aid in the 32 identification of cases of maternal morbidity and maternal mortality. 33 SECTION 72. IC 16-50-1-9, AS AMENDED BY THE 34 TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL 35 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2026]: Sec. 9. (a) The statewide maternal mortality review 37 committee shall, before July 1 of each year, submit a report to the state 38 department that includes the following information: 39 (1) A summary of the data collected regarding the reviews 40 conducted by the statewide maternal mortality review committee. 41 (2) Actions recommended by the statewide maternal mortality 42 review committee to improve systems of care and enhance 2026 IN 174—LS 6614/DI 147 51 1 coordination to reduce maternal morbidity and maternal mortality 2 in Indiana. 3 (3) Legislative recommendations for consideration by the general 4 assembly. 5 (b) A report released under this section must not contain identifying 6 information relating to the deaths reviewed by the statewide maternal 7 mortality review committee. 8 (c) The state department shall make a report prepared under this 9 section available to public inspection and post the report on the state 10 department's Internet web site. website. 11 (d) A summary of data collected under subsection (a)(1) must 12 include the most recent date on which an individual whose death 13 is being reviewed had received an immunization. 14 SECTION 73. IC 20-19-3-41 IS ADDED TO THE INDIANA 15 CODE AS A NEW SECTION TO READ AS FOLLOWS 16 [EFFECTIVE JULY 1, 2026]: Sec. 41. The department shall publish 17 on the department's website the information received from each 18 school under IC 20-34-3-28. 19 SECTION 74. IC 20-26-22.5 IS ADDED TO THE INDIANA 20 CODE AS A NEW CHAPTER TO READ AS FOLLOWS 21 [EFFECTIVE JULY 1, 2026]: 22 Chapter 22.5. School Health Services 23 Sec. 1. As used in this chapter, "health care provider" has the 24 meaning set forth in IC 16-18-2-163(a). 25 Sec. 2. As used in this chapter, "health records" has the 26 meaning set forth in IC 16-18-2-168(a). 27 Sec. 3. As used in this chapter, "informed consent" has the 28 meaning set forth in IC 16-36-7-16. 29 Sec. 4. As used in this chapter, "school based health center" 30 means a health clinic that: 31 (1) is located in or near a school or school facility of a school 32 corporation; 33 (2) is organized or promoted through school, community, or 34 health care provider relationships; 35 (3) provides primary health services to children by health 36 care providers, in accordance with state and federal law; and 37 (4) meets any other requirements necessary for the operation 38 of a school based health center. 39 Sec. 5. (a) As used in this chapter, "school nursing services" 40 refers to the responsibilities of a school nurse as described in 41 IC 20-34-3-6. 42 (b) The term does not include services provided: 2026 IN 174—LS 6614/DI 147 52 1 (1) in a school based health center; or 2 (2) by an individual who is not employed by the school. 3 Sec. 6. (a) Except as provided in subsection (b), a school 4 corporation may employ at least one (1) registered nurse who holds 5 a bachelor of science in nursing to coordinate school nursing 6 services in the school corporation. 7 (b) A school corporation may employ a registered nurse who 8 does not hold a bachelor of science in nursing to coordinate school 9 nursing services in the school corporation if the registered nurse: 10 (1) was employed by the school corporation on June 30, 2000, 11 to coordinate health services; and 12 (2) has been continuously employed by the school corporation 13 to coordinate health services described in subdivision (1) since 14 June 30, 2000. 15 Sec. 7. If a school corporation provides school nursing services, 16 the services must be provided to students in accordance with: 17 (1) all state and federal laws and regulations; and 18 (2) the applicable standard of care. 19 Sec. 8. A school corporation may contract with a health care 20 provider, health system, or community partner to establish a 21 school based health center for the purpose of providing services to 22 students beyond the scope of school nursing services if the 23 following requirements are met: 24 (1) The school based health center must be a distinct legal 25 entity that is separate from the school corporation. 26 (2) The establishment of a school based health center may not 27 replace the role of school nurses who are employed by the 28 school corporation to provide first aid and emergency 29 services. 30 (3) Student participation in services provided by a school 31 based health center must be voluntary. 32 (4) The school based health center or school corporation may 33 not offer an incentive to a student or parent of a student in 34 exchange for participation in services provided by the school 35 based health center. 36 (5) A student, if the student is an emancipated minor, or the 37 student's parent or guardian, if the student is an 38 unemancipated minor, must provide written informed consent 39 for the student to receive services at a school based health 40 center, and the parent of a student, if the student is an 41 unemancipated minor, must be present at the time the student 42 receives services at a school based health center. 2026 IN 174—LS 6614/DI 147 53 1 (6) Services provided at a school based health center must be 2 provided by a health care provider. 3 (7) A health care provider employed by or working in a school 4 based health center must maintain health records in 5 accordance with the federal Health Insurance Portability and 6 Accountability Act (HIPAA). 7 (8) Except as required by law, a school or school corporation 8 may not access a student's health records. 9 (9) A school, school corporation, or health care provider may 10 not be obligated to violate this section, including participating 11 in a grant program that requires a school, school corporation, 12 or health care provider to violate this section. 13 Sec. 9. The state board shall amend any rules necessary to 14 comply with this chapter. 15 SECTION 75. IC 20-33-8-3, AS ADDED BY P.L.1-2005, 16 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 17 JULY 1, 2026]: Sec. 3. (a) As used in this chapter, "expulsion" means 18 a disciplinary or other action whereby a student: 19 (1) is separated from school attendance for a period exceeding ten 20 (10) school days; 21 (2) is separated from school attendance for the balance of the 22 current semester or current year unless a student is permitted to 23 complete required examinations in order to receive credit for 24 courses taken in the current semester or current year; or 25 (3) is separated from school attendance for the period prescribed 26 under section 16 of this chapter, which may include an 27 assignment to attend an alternative school, an alternative 28 educational program, or a homebound educational program. 29 (b) The term does not include situations when a student is 30 (1) disciplined under section 25 of this chapter. 31 (2) removed from school in accordance with IC 20-34-3-9; or 32 (3) removed from school for failure to comply with the 33 immunization requirements of IC 20-34-4-5. 34 SECTION 76. IC 20-33-8-7, AS ADDED BY P.L.1-2005, 35 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 36 JULY 1, 2026]: Sec. 7. (a) As used in this chapter, "suspension" means 37 any disciplinary action that does not constitute an expulsion under 38 section 3 of this chapter, whereby a student is separated from school 39 attendance for a period of not more than ten (10) school days. 40 (b) The term does not include a situation in which a student is 41 (1) disciplined under section 25 of this chapter. 42 (2) removed from school in accordance with IC 20-34-3-9; or 2026 IN 174—LS 6614/DI 147 54 1 (3) removed from school for failure to comply with the 2 immunization requirements of IC 20-34-4-5. 3 SECTION 77. IC 20-34-3-2, AS ADDED BY P.L.1-2005, 4 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2026]: Sec. 2. (a) Except as otherwise provided, A student 6 may not be required to undergo, in a manner that violates 7 IC 22-5-9-5, any testing, examination, immunization, or treatment. 8 required under this chapter or IC 20-34-4 when the child's parent 9 objects on religious grounds. A religious objection does not exempt a 10 child from any testing, examination, immunization, or treatment 11 required under this chapter or IC 20-34-4 unless the objection is: 12 (1) made in writing; 13 (2) signed by the child's parent; and 14 (3) delivered to the child's teacher or to the individual who might 15 order a test, an exam, an immunization, or a treatment absent the 16 objection. 17 (b) A teacher may not be compelled to undergo, in a manner that 18 violates IC 22-5-9-5, any testing, examination, or treatment. under this 19 chapter or IC 20-34-4 if the teacher objects on religious grounds. A 20 religious objection does not exempt an objecting individual from any 21 testing, examination, or treatment required under this chapter or 22 IC 20-34-4 unless the objection is: 23 (1) made in writing; 24 (2) signed by the objecting individual; and 25 (3) delivered to the principal of the school in which the objecting 26 individual teaches. 27 SECTION 78. IC 20-34-3-3 IS REPEALED [EFFECTIVE JULY 1, 28 2026]. Sec. 3. If a physician certifies that a particular immunization 29 required by this chapter or IC 20-34-4 is or may be detrimental to a 30 student's health, the requirements of this chapter or IC 20-34-4 for that 31 particular immunization is inapplicable for the student until the 32 immunization is found no longer detrimental to the student's health. 33 SECTION 79. IC 20-34-3-4 IS REPEALED [EFFECTIVE JULY 1, 34 2026]. Sec. 4. The governing body of a school corporation may provide 35 for the inspection of students by a school physician to determine 36 whether any child suffers from disease, disability, decayed teeth, or 37 other defects that may reduce the student's efficiency or prevent the 38 student from receiving the full benefit of the student's school work. 39 SECTION 80. IC 20-34-3-5 IS REPEALED [EFFECTIVE JULY 1, 40 2026]. Sec. 5. If the parent of a student furnishes a certificate of 41 examination from an Indiana physician at the beginning of a school 42 year, the student is exempt from any examination the governing body 2026 IN 174—LS 6614/DI 147 55 1 requires under section 4 of this chapter. The certificate of examination 2 must state that the physician has examined the student and reported the 3 results of the examination to the parent. The governing body may 4 require a parent to periodically furnish additional certificates. 5 SECTION 81. IC 20-34-3-6, AS ADDED BY P.L.1-2005, 6 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 7 JULY 1, 2026]: Sec. 6. (a) The governing body of a school corporation 8 may appoint one (1) or more school physicians and one (1) or more 9 nurses who are registered to practice nursing in Indiana. 10 (b) A nurse appointed under this section is responsible for 11 emergency nursing care of students when an illness or accident occurs 12 during school hours or on or near school property. 13 (c) Notwithstanding any physical or mental assessment or 14 treatment required or permitted under state or federal law, a 15 school may not conduct a physical or mental assessment or 16 treatment of a student unless the physical or mental assessment or 17 treatment is related to an illness or accident that occurred during 18 school hours or on or near school property. 19 SECTION 82. IC 20-34-3-9 IS REPEALED [EFFECTIVE JULY 1, 20 2026]. Sec. 9. (a) If a student is ill, has a communicable disease, or is 21 infested with parasites, the school principal may send the student home 22 with a note to the student's parent. The note must describe the nature 23 of the illness or infestation and, if appropriate, recommend that the 24 family physician be consulted. 25 (b) If the parent of a student who is sent home under this section is 26 financially unable to provide the necessary medical care, the medical 27 care shall be provided by a public health facility. If a public health 28 facility is not available, the township trustee or an appropriate 29 governmental agency shall provide the necessary care. 30 (c) A student who is sent home under this section may be readmitted 31 to the school: 32 (1) when it is apparent to school officials that the student is no 33 longer ill, no longer has a communicable disease, or is no longer 34 infested with parasites; 35 (2) upon certification of a physician that the student is no longer 36 ill, no longer has a communicable disease, or is no longer infested 37 with parasites; 38 (3) upon certification of a physician that the student has a 39 communicable disease, but the disease is not transmissible 40 through normal school contacts; or 41 (4) upon certification of a Christian Science practitioner, who is 42 listed in The Christian Science Journal, that based on the 2026 IN 174—LS 6614/DI 147 56 1 practitioner's observation the student apparently is no longer ill, 2 no longer has a communicable disease, or is no longer infested 3 with parasites. 4 If school personnel disagree with the certifying physician or Christian 5 Science practitioner as to whether the student should be readmitted to 6 school, the local health officer shall determine whether the student may 7 be readmitted to school. 8 (d) An individual who objects to the determination made by the 9 local health officer under this section may appeal to the commissioner 10 of the Indiana department of health, who is the ultimate authority. 11 IC 4-21.5 applies to appeals under this subsection. 12 SECTION 83. IC 20-34-3-10 IS REPEALED [EFFECTIVE JULY 13 1, 2026]. Sec. 10. (a) A sickle cell anemia test shall be administered to 14 each student when the examining physician or school nurse determines 15 that the test is necessary. The physician shall state on the examination 16 form whether the test was given and, if it was, the result. All positive 17 results shall be filed with the examining physician and the Indiana 18 department of health. 19 (b) The Indiana department of health and the state board shall adopt 20 joint rules concerning sickle cell anemia testing equipment, 21 qualifications for sickle cell anemia testing personnel, and sickle cell 22 anemia testing procedures. 23 (c) Records of all tests administered under this section shall be 24 made and continuously maintained by the Indiana department of health 25 to provide information useful in protecting, promoting, and maintaining 26 the health of students. 27 SECTION 84. IC 20-34-3-11 IS REPEALED [EFFECTIVE JULY 28 1, 2026]. Sec. 11. (a) The governing body of a school corporation may 29 require students to be tested for lead poisoning. 30 (b) If a student's parent states in writing that the parent is financially 31 unable to pay for a test under this section, the student shall be referred 32 to the free clinic or public health facility in the area that provides 33 services for indigents. 34 (c) The Indiana department of health and the state board shall adopt 35 joint rules concerning lead poisoning testing under this section. 36 (d) Records of all tests administered under this section shall be 37 made and continuously maintained by the Indiana department of health 38 to provide information useful in protecting, promoting, and maintaining 39 the health of students. 40 SECTION 85. IC 20-34-3-12 IS REPEALED [EFFECTIVE JULY 41 1, 2026]. Sec. 12. (a) For purposes of this section, "modified clinical 42 technique" means a battery of vision tests that includes: 2026 IN 174—LS 6614/DI 147 57 1 (1) a visual acuity test to determine an individual's ability to see 2 at various distances; 3 (2) a refractive error test to determine the focusing power of the 4 eye; 5 (3) an ocular health test to determine any external or internal 6 abnormalities of the eye; and 7 (4) a binocular coordination test to determine if the eyes are 8 working together properly. 9 (b) For purposes of this section, "vision screening" means the testing 10 of visual acuity to determine an individual's ability to see at various 11 distances using: 12 (1) the Snellen chart; 13 (2) Sloan letter charts; 14 (3) HOTV letter or LEA symbol charts for younger students; or 15 (4) technology devices, including photoscreens or autorefractors, 16 for a child who is unable to perform the tests described in 17 subdivisions (1) through (3); 18 at a distance of either ten (10) or twenty (20) feet for distance vision, 19 depending on the calibration of the chart being used, and a distance of 20 fourteen (14) inches for near vision. 21 (c) The modified clinical technique shall be performed by an 22 ophthalmologist licensed as a physician under IC 25-22.5 or an 23 optometrist licensed under IC 25-24. 24 (d) The governing body of each school corporation shall conduct a 25 vision test for each student enrolling in or transferring into: 26 (1) either kindergarten or grade 1; 27 (2) grade 3; 28 (3) grade 5; and 29 (4) grade 8; 30 and for each student suspected of having a visual defect. 31 (e) The vision test for students in kindergarten and grade 1 shall be 32 conducted using the modified clinical technique unless a waiver is 33 granted under section 13 of this chapter. If a waiver is granted for a 34 school corporation, the governing body shall conduct a vision screening 35 described in subsection (b) upon each student's enrollment in 36 kindergarten or grade 1. 37 (f) Each student described in subsection (d)(2), (d)(3), and (d)(4), 38 and each student suspected of having a visual defect shall be tested 39 using a vision screening of the student's visual acuity. 40 (g) The following standards apply for a vision screening under 41 subsections (e) and (f): 42 (1) A student in kindergarten or grade 1 who is unable to read 2026 IN 174—LS 6614/DI 147 58 1 with each eye the 20/30 line of the Snellen chart or the 20/32 line 2 of the Sloan letters, HOTV, or LEA symbol optotypes shall be 3 recommended for further examination based upon the 4 recommendation of the individual performing the screening. 5 (2) A student: 6 (A) in grade 3, grade 5, or grade 8; or 7 (B) suspected of having a visual defect; 8 who is unable to read with each eye the 20/30 line of the Snellen 9 chart or the 20/32 line of the Sloan letters shall be recommended 10 for further examination based upon the recommendation of the 11 individual performing the screening. 12 (3) If a student at any grade level is recommended for further 13 examination, the school must provide a written recommendation 14 for further examination to the parent or legal guardian of the 15 student. 16 (h) Records of all tests shall be made and continuously maintained 17 by the school corporation to provide information useful in protecting, 18 promoting, and maintaining the health of students. The Indiana 19 department of health, in consultation with the state board, shall adopt 20 rules concerning vision testing equipment, qualifications of vision 21 testing personnel, visual screening procedures, and criteria for failure 22 and referral in the screening tests based on accepted medical practice 23 and standards. 24 (i) The school corporation's governing body and the superintendent 25 shall receive annually the following information concerning the tests 26 conducted under this section: 27 (1) The number of students eligible for testing, by grade. 28 (2) The number of students tested, by grade. 29 (3) The number of students by grade who were tested using the 30 modified clinical technique. 31 (4) The number of students by grade who were tested using a 32 vision screening. 33 (5) The number of students by grade who passed a test. 34 (6) The number of students by grade who failed a test or were 35 referred for further testing. 36 (7) The name of the individual or department that supervised the 37 testing. 38 (j) Each school corporation shall annually provide to the 39 department, for each school within the school corporation, the 40 following information concerning the tests conducted under this 41 section: 42 (1) the number of students tested by grade; 2026 IN 174—LS 6614/DI 147 59 1 (2) the number of students by grade who were tested using the 2 modified clinical technique; 3 (3) the number of students by grade who were tested using a 4 vision screening; 5 (4) the number of students who passed a test by grade; and 6 (5) the number of students who failed a test or who were referred 7 for further testing. 8 (k) Not later than October 1 each year, the department shall report 9 for the previous school year: 10 (1) a compilation of the information received from school 11 corporations under subsection (j); 12 (2) information received under section 13 of this chapter, 13 including: 14 (A) the number of school corporations that applied for a 15 waiver; 16 (B) the number of waivers approved; 17 (C) the number of waivers denied; 18 (D) the name of each school corporation that applied for a 19 waiver and whether the waiver was approved or denied; and 20 (E) the reason for the approval or denial; 21 (3) the total number of students eligible for testing; and 22 (4) the total number of students tested; 23 to the legislative council in electronic format under IC 5-14-6. 24 SECTION 86. IC 20-34-3-13 IS REPEALED [EFFECTIVE JULY 25 1, 2026]. Sec. 13. (a) If a school corporation is unable to comply with 26 section 12(e) of this chapter, the governing body may, before 27 November 1 of a school year, request from the secretary of education 28 a waiver of the requirements of section 12(e) of this chapter. 29 (b) The waiver request under subsection (a) must: 30 (1) be in writing; 31 (2) include the reason or reasons that necessitated the waiver 32 request; and 33 (3) indicate the extent to which the governing body attempted to 34 comply with the requirements under section 12(e) of this chapter. 35 (c) The secretary of education shall take action on the waiver 36 request not later than thirty (30) days after receiving the waiver request. 37 (d) The secretary of education may: 38 (1) approve the waiver request; 39 (2) deny the waiver request; or 40 (3) provide whatever relief that may be available to enable the 41 school corporation to comply with the requirements under section 42 12(e) of this chapter. 2026 IN 174—LS 6614/DI 147 60 1 (e) If the secretary of education approves the waiver request, the 2 governing body shall conduct an annual screening test of the visual 3 acuity of each student as described in section 12(b) of this chapter upon 4 the student's enrollment in or transfer to grade 1. 5 (f) The governing body of each school corporation shall make and 6 maintain records of all waivers requested by the governing body under 7 this section. 8 (g) The secretary of education shall make and continuously maintain 9 records of all actions taken by the secretary of education concerning all 10 waivers requested under this section. 11 (h) A request for a waiver under this section must be made annually. 12 SECTION 87. IC 20-34-3-14 IS REPEALED [EFFECTIVE JULY 13 1, 2026]. Sec. 14. (a) The governing body of each school corporation 14 shall annually conduct an audiometer test or a similar test to determine 15 the hearing efficiency of the following students: 16 (1) Students in grade 1, grade 4, grade 7, and grade 10. 17 (2) A student who has transferred into the school corporation. 18 (3) A student who is suspected of having hearing defects. 19 (b) A governing body may appoint the technicians and assistants 20 necessary to perform the testing required under this section. 21 (c) Records of all tests shall be made and continuously maintained 22 by the school corporation to provide information that may assist in 23 diagnosing and treating any student's auditory abnormality. However, 24 diagnosis and treatment shall be performed only on recommendation 25 of an Indiana physician who has examined the student. 26 (d) The governing body may adopt rules for the administration of 27 this section. 28 SECTION 88. IC 20-34-3-28 IS ADDED TO THE INDIANA 29 CODE AS A NEW SECTION TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2026]: Sec. 28. (a) As used in this section, 31 "school" means the following: 32 (1) A public school, including a charter school. 33 (2) A state accredited school. 34 (3) A nonaccredited nonpublic school that has at least one (1) 35 employee. 36 (4) A laboratory school established under IC 20-24.5-2. 37 (5) The Indiana School for the Blind and Visually Impaired 38 established by IC 20-21-2-1. 39 (6) The Indiana School for the Deaf established by 40 IC 20-22-2-1. 41 (b) A school, a before school program, and an after school 42 program shall report to the department the ingredients in each 2026 IN 174—LS 6614/DI 147 61 1 food product the school or program provides to a student enrolled 2 in the school or program. 3 SECTION 89. IC 20-34-4-2 IS REPEALED [EFFECTIVE JULY 1, 4 2026]. Sec. 2. (a) Every child residing in Indiana who is enrolled in an 5 accredited elementary school or high school shall be immunized as 6 determined by the Indiana department of health against: 7 (1) diphtheria; 8 (2) pertussis (whooping cough); 9 (3) tetanus; 10 (4) measles; 11 (5) rubella; 12 (6) poliomyelitis; 13 (7) mumps; 14 (8) varicella; 15 (9) hepatitis A; 16 (10) hepatitis B; and 17 (11) meningitis. 18 (b) The Indiana department of health may expand or otherwise 19 modify the list of communicable diseases that require documentation 20 of immunity as medical information becomes available that would 21 warrant the expansion or modification in the interest of public health. 22 (c) Before November 30 of each year, the Indiana department of 23 health shall publish a two (2) year calendar of immunization 24 requirements and recommendations. The calendar must include: 25 (1) the immunization requirements for the following school year; 26 and 27 (2) recommendations for immunization requirements for the year 28 subsequent to the following school year. 29 (d) The publishing time frame for the calendar described in 30 subsection (c) does not apply in the event of an emergency as 31 determined by the state health commissioner. 32 (e) The Indiana department of health shall adopt rules under 33 IC 4-22-2 specifying the: 34 (1) required immunizations; 35 (2) child's age for administering each vaccine; 36 (3) adequately immunizing doses; and 37 (4) method of documentation of proof of immunity. 38 SECTION 90. IC 20-34-4-3, AS AMENDED BY P.L.160-2023, 39 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 40 JULY 1, 2026]: Sec. 3. (a) Each school shall notify each parent of a 41 student who enrolls in the school of the requirement that the student 42 must be immunized and that the immunization is required for the 2026 IN 174—LS 6614/DI 147 62 1 student's continued enrollment, attendance, or residence at the school 2 unless: 3 (1) the parent or student provides the appropriate documentation 4 of immunity; or 5 (2) IC 20-34-3-2 or IC 20-34-3-3 applies. 6 (b) (a) A school that enrolls grade 6 students shall provide each 7 parent of a student who is entering grade 6 with information prescribed 8 by the Indiana department of health under subsection (c) (b) 9 concerning the link between cancer and the human papillomavirus 10 (HPV) infection and that an immunization against the human 11 papillomavirus (HPV) infection is available. 12 (c) (b) The Indiana department of health shall provide a school 13 described in subsection (b) (a) with the information concerning cancer 14 and the human papillomavirus (HPV) infection required in subsection 15 (b). (a). The information must include the following: 16 (1) The latest scientific information on the immunization against 17 the human papillomavirus (HPV) infection and the 18 immunization's effectiveness against causes of cancer. 19 (2) That a pap smear is still critical for the detection of 20 precancerous changes in the cervix to allow for treatment before 21 cervical cancer develops. 22 (3) Information concerning the means in which the human 23 papillomavirus (HPV) infection is contracted. 24 (4) A statement that any questions or concerns concerning 25 immunizing the child against human papillomavirus (HPV) could 26 be answered by contacting a health care provider. 27 (d) (c) The Indiana department of health shall provide the 28 department of education with material concerning immunizations and 29 immunization preventable diseases for distribution to parents and 30 guardians. The department of education shall provide these materials 31 to schools to be provided to students' parents and guardians. These 32 materials may be distributed by a school by posting the required 33 information on the school's website. 34 (e) Any notification or materials provided or distributed by the 35 Indiana department of health or a school to a parent of a student 36 regarding required or recommended immunizations for the student 37 must clearly delineate or label immunizations that are required and 38 immunizations that are only recommended. 39 SECTION 91. IC 20-34-4-4 IS REPEALED [EFFECTIVE JULY 1, 40 2026]. Sec. 4. (a) The parent of any student who has not received the 41 immunizations required under this chapter shall present the student to 42 a health care provider authorized to administer the immunizations. 2026 IN 174—LS 6614/DI 147 63 1 (b) The health care provider who administers the required 2 immunizations to a student or the health care provider's designee shall 3 enter the immunization information into the state immunization data 4 registry in accordance with IC 16-38-5. 5 SECTION 92. IC 20-34-4-5 IS REPEALED [EFFECTIVE JULY 1, 6 2026]. Sec. 5. (a) Each school shall require the parent of a student who 7 has enrolled in the school to furnish, not later than the first day of 8 school attendance, proof of the student's immunization status, either as 9 a written document from the health care provider who administered the 10 immunization or documentation provided from the state immunization 11 data registry. 12 (b) The statement must show, except for a student to whom 13 IC 20-34-3-2 or IC 20-34-3-3 applies, that the student has been 14 immunized as required under section 2 of this chapter. The statement 15 must include the student's date of birth and the date of each 16 immunization. 17 (c) A student may not be permitted to attend school beyond the first 18 day of school without furnishing the documentation described in 19 subsections (a) and (b) unless: 20 (1) the school gives the parent of the student a waiver; or 21 (2) the local health department or a health care provider 22 determines that the student's immunization schedule has been 23 delayed due to extreme circumstances and that the required 24 immunizations will not be completed before the first day of 25 school. 26 The waiver referred to in subdivision (1) may not be granted for a 27 period that exceeds twenty (20) school days. If subdivision (2) applies, 28 the parent of the student shall furnish the written statement and a 29 schedule, approved by a health care provider who is authorized to 30 administer the immunizations or the local health department, for the 31 completion of the remainder of the immunizations. 32 (d) The Indiana department of health may commence an action 33 against a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuance of 34 an order of compliance for failure to enforce this section. 35 (e) Neither a religious objection under IC 20-34-3-2 nor an 36 exception for the student's health under IC 20-34-3-3 relieves a parent 37 from the reporting requirements under this section. 38 (f) The Indiana department of health shall adopt rules under 39 IC 4-22-2 to implement this section. 40 SECTION 93. IC 20-34-4.5-2, AS AMENDED BY P.L.117-2017, 41 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2026]: Sec. 2. (a) Subject to IC 22-5-9, a school nurse may 2026 IN 174—LS 6614/DI 147 64 1 administer emergency stock medication obtained under section 1 of 2 this chapter to any of the following individuals if the individual is 3 demonstrating signs or symptoms of a life-threatening emergency and 4 the individual does not have emergency medication at the school or the 5 individual's prescription is not available: 6 (1) Students at the school. 7 (2) School employees. 8 (3) Visitors at the school. 9 (b) Subject to IC 22-5-9, school employees may administer 10 emergency stock medication obtained under section 1 of this chapter 11 if the following are met: 12 (1) The school employee has voluntarily received training in: 13 (A) recognizing a life-threatening emergency; and 14 (B) the proper administration of emergency medication; 15 by a health care provider who is licensed or certified in Indiana, 16 for whom the administration of emergency medication is within 17 the health care provider's scope of practice, who has received 18 training in the administration of emergency medication, and who 19 is knowledgeable in recognizing the symptoms of a 20 life-threatening emergency and the administration of emergency 21 medication. 22 (2) The individual to whom the emergency stock medication is 23 being administered is: 24 (A) a student at the school; 25 (B) a school employee; or 26 (C) a visitor at the school. 27 SECTION 94. IC 20-34-10 IS ADDED TO THE INDIANA CODE 28 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 29 JULY 1, 2026]: 30 Chapter 10. Health Profession Education Program 31 Sec. 1. This chapter does not apply to a contract entered into or 32 renewed before July 1, 2026. 33 Sec. 2. As used in this chapter, "health profession education 34 program" means an education program that: 35 (1) is designed to prepare a student for a career in a health 36 profession regulated by an entity described in IC 25-0.5-11; 37 and 38 (2) requires a student to complete clinical training or clinical 39 experience at an offsite facility. 40 Sec. 3. As used in this chapter, "immunization" means the 41 treatment of an individual with a vaccine to produce immunity. 42 Sec. 4. As used in this chapter, "student" means a student 2026 IN 174—LS 6614/DI 147 65 1 enrolled in a health profession education program. 2 Sec. 5. A student may not be required to receive an 3 immunization as a condition of: 4 (1) participating in; or 5 (2) obtaining; 6 clinical training or clinical experience required by a health 7 profession education program if receiving the immunization is 8 against the student's conscience. 9 Sec. 6. (a) A student may bring a civil action against an entity 10 that violates this chapter. 11 (b) The court may award to a student who prevails in an action 12 under this section any of the following: 13 (1) Injunctive relief. 14 (2) Costs and reasonable attorney's fees. 15 SECTION 95. IC 21-7-13-2, AS ADDED BY P.L.2-2007, 16 SECTION 243, IS AMENDED TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2026]: Sec. 2. "Academic term" 18 (1) for purposes of this title (other than IC 21-40), has the 19 meaning set forth in IC 21-12-1-2. and 20 (2) for purposes of IC 21-40, has the meaning set forth in 21 IC 21-40-1-2. 22 SECTION 96. IC 21-40-1 IS REPEALED [EFFECTIVE JULY 1, 23 2026]. (General Provisions; Definitions). 24 SECTION 97. IC 21-40-5 IS REPEALED [EFFECTIVE JULY 1, 25 2026]. (Immunization Requirements at State Educational Institutions). 26 SECTION 98. IC 21-44-8 IS ADDED TO THE INDIANA CODE 27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 28 JULY 1, 2026]: 29 Chapter 8. Health Profession Education Program 30 Sec. 1. This chapter does not apply to a contract entered into or 31 renewed before July 1, 2026. 32 Sec. 2. (a) As used in this chapter, "health profession education 33 program" means an education program that: 34 (1) is designed to prepare a student for a career in a health 35 profession regulated by an entity described in IC 25-0.5-11; 36 and 37 (2) requires a student to complete clinical training or clinical 38 experience at an offsite facility. 39 (b) The term includes an intern, residency, and graduate 40 program (as defined in IC 21-44-1-12). 41 Sec. 3. As used in this chapter, "immunization" means the 42 treatment of an individual with a vaccine to produce immunity. 2026 IN 174—LS 6614/DI 147 66 1 Sec. 4. As used in this chapter, "student" means a student 2 enrolled in a health profession education program. 3 Sec. 5. A student may not be required to receive an 4 immunization as a condition of: 5 (1) participating in; or 6 (2) obtaining; 7 clinical training or clinical experience required by a health 8 profession education program if receiving the immunization is 9 against the student's conscience. 10 Sec. 6. (a) A student may bring a civil action against an entity 11 that violates this chapter. 12 (b) The court may award to a student who prevails in an action 13 under this section any of the following: 14 (1) Injunctive relief. 15 (2) Costs and reasonable attorney's fees. 16 SECTION 99. IC 22-4-15-1, AS AMENDED BY P.L.186-2025, 17 SECTION 121, IS AMENDED TO READ AS FOLLOWS 18 [EFFECTIVE JULY 1, 2026]: Sec. 1. (a) Regarding an individual's 19 most recent separation from employment before filing an initial or 20 additional claim for benefits, an individual who voluntarily left the 21 employment without good cause in connection with the work or was 22 discharged from the employment for just cause is ineligible for waiting 23 period or benefit rights for the week in which the disqualifying 24 separation occurred and until: 25 (1) the individual has earned remuneration in employment in at 26 least eight (8) weeks; and 27 (2) the remuneration earned equals or exceeds the product of the 28 weekly benefit amount multiplied by eight (8). 29 If the qualification amount has not been earned at the expiration of an 30 individual's benefit period, the unearned amount shall be carried 31 forward to an extended benefit period or to the benefit period of a 32 subsequent claim. 33 (b) When it has been determined that an individual has been 34 separated from employment under disqualifying conditions as outlined 35 in this section, the maximum benefit amount of the individual's current 36 claim, as initially determined, shall be reduced by an amount 37 determined as follows: 38 (1) For the first separation from employment under disqualifying 39 conditions, the maximum benefit amount of the individual's 40 current claim is equal to the result of: 41 (A) the maximum benefit amount of the individual's current 42 claim, as initially determined; multiplied by 2026 IN 174—LS 6614/DI 147 67 1 (B) seventy-five percent (75%); 2 rounded (if not already a multiple of one dollar ($1)) to the next 3 higher dollar. 4 (2) For the second separation from employment under 5 disqualifying conditions, the maximum benefit amount of the 6 individual's current claim is equal to the result of: 7 (A) the maximum benefit amount of the individual's current 8 claim determined under subdivision (1); multiplied by 9 (B) eighty-five percent (85%); 10 rounded (if not already a multiple of one dollar ($1)) to the next 11 higher dollar. 12 (3) For the third and any subsequent separation from employment 13 under disqualifying conditions, the maximum benefit amount of 14 the individual's current claim is equal to the result of: 15 (A) the maximum benefit amount of the individual's current 16 claim determined under subdivision (2); multiplied by 17 (B) ninety percent (90%); 18 rounded (if not already a multiple of one dollar ($1)) to the next 19 higher dollar. 20 (c) The disqualifications provided in this section shall be subject to 21 the following modifications: 22 (1) An individual shall not be subject to disqualification because 23 of separation from the individual's employment if: 24 (A) the individual left to accept with another employer 25 previously secured permanent full-time work which offered 26 reasonable expectation of continued covered employment and 27 betterment of wages or working conditions and thereafter was 28 employed on said job; 29 (B) having been simultaneously employed by two (2) 30 employers, the individual leaves one (1) such employer 31 voluntarily without good cause in connection with the work 32 but remains in employment with the second employer with a 33 reasonable expectation of continued employment; or 34 (C) the individual left to accept recall made by a base period 35 employer. 36 (2) An individual whose unemployment is the result of medically 37 substantiated physical disability and who is involuntarily 38 unemployed after having made reasonable efforts to maintain the 39 employment relationship shall not be subject to disqualification 40 under this section for such separation. 41 (3) An individual who left work to enter the armed forces of the 42 United States shall not be subject to disqualification under this 2026 IN 174—LS 6614/DI 147 68 1 section for such leaving of work. 2 (4) An individual whose employment is terminated under the 3 compulsory retirement provision of a collective bargaining 4 agreement to which the employer is a party, or under any other 5 plan, system, or program, public or private, providing for 6 compulsory retirement and who is otherwise eligible shall not be 7 deemed to have left the individual's work voluntarily without 8 good cause in connection with the work. However, if such 9 individual subsequently becomes reemployed and thereafter 10 voluntarily leaves work without good cause in connection with the 11 work, the individual shall be deemed ineligible as outlined in this 12 section. 13 (5) An otherwise eligible individual shall not be denied benefits 14 for any week because the individual is in training approved under 15 Section 236(a)(1) of the Trade Act of 1974, nor shall the 16 individual be denied benefits by reason of leaving work to enter 17 such training, provided the work left is not suitable employment, 18 or because of the application to any week in training of provisions 19 in this law (or any applicable federal unemployment 20 compensation law), relating to availability for work, active search 21 for work, or refusal to accept work. For purposes of this 22 subdivision, the term "suitable employment" means with respect 23 to an individual, work of a substantially equal or higher skill level 24 than the individual's past adversely affected employment (as 25 defined for purposes of the Trade Act of 1974), and wages for 26 such work at not less than eighty percent (80%) of the individual's 27 average weekly wage as determined for the purposes of the Trade 28 Act of 1974. 29 (6) An individual is not subject to disqualification because of 30 separation from the individual's employment if: 31 (A) the employment was outside the individual's labor market; 32 (B) the individual left to accept previously secured full-time 33 work with an employer in the individual's labor market; and 34 (C) the individual actually became employed with the 35 employer in the individual's labor market. 36 (7) An individual who, but for the voluntary separation to move 37 to another labor market to join a spouse who had moved to that 38 labor market, shall not be disqualified for that voluntary 39 separation, if the individual is otherwise eligible for benefits. 40 Benefits paid to the spouse whose eligibility is established under 41 this subdivision shall not be charged against the employer from 42 whom the spouse voluntarily separated. 2026 IN 174—LS 6614/DI 147 69 1 (8) An individual shall not be subject to disqualification if the 2 individual voluntarily left employment or was discharged due to 3 circumstances directly caused by domestic or family violence (as 4 defined in IC 31-9-2-42). An individual who may be entitled to 5 benefits based on this modification may apply to the office of the 6 attorney general under IC 5-26.5 to have an address designated by 7 the office of the attorney general to serve as the individual's 8 address for purposes of this article. 9 (9) An individual shall not be subject to disqualification if the 10 individual 11 (A) has requested an exemption from an employer's 12 COVID-19 immunization requirement; 13 (B) has complied with the requirements set forth in 14 IC 22-5-4.6; and 15 (C) was discharged from employment for failing or refusing to 16 receive an immunization against COVID-19. refuses to 17 accept, undergo, or engage in a medical intervention (as 18 defined in IC 22-5-9-2) in or on the individual's body. 19 As used in this subsection, "labor market" means the area surrounding 20 an individual's permanent residence, outside which the individual 21 cannot reasonably commute on a daily basis. In determining whether 22 an individual can reasonably commute under this subdivision, the 23 department shall consider the nature of the individual's job. 24 (d) "Discharge for just cause" as used in this section is defined to 25 include but not be limited to: 26 (1) separation initiated by an employer for falsification of an 27 employment application to obtain employment through 28 subterfuge; 29 (2) knowing violation of a reasonable and uniformly enforced rule 30 of an employer, including a rule regarding attendance; 31 (3) if an employer does not have a rule regarding attendance, an 32 individual's unsatisfactory attendance, if good cause for absences 33 or tardiness is not established; 34 (4) damaging the employer's property through willful and wanton 35 misconduct; 36 (5) refusing to obey instructions; 37 (6) conduct endangering safety of self or coworkers; 38 (7) incarceration in jail following conviction of a misdemeanor or 39 felony by a court of competent jurisdiction; or 40 (8) any breach of duty in connection with work which is 41 reasonably owed an employer by an employee. 42 (e) To verify that domestic or family violence has occurred, an 2026 IN 174—LS 6614/DI 147 70 1 individual who applies for benefits under subsection (c)(8) shall 2 provide one (1) of the following: 3 (1) A report of a law enforcement agency (as defined in 4 IC 10-13-3-10). 5 (2) A protection order issued under IC 34-26-5. 6 (3) A foreign protection order (as defined in IC 34-6-2.1-76). 7 (4) An affidavit from a domestic violence service provider 8 verifying services provided to the individual by the domestic 9 violence service provider. 10 SECTION 100. IC 22-5-4.6 IS REPEALED [EFFECTIVE JULY 1, 11 2026]. (Exemptions from COVID-19 Immunization Requirements). 12 SECTION 101. IC 22-5-9 IS ADDED TO THE INDIANA CODE 13 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 14 JULY 1, 2026]: 15 Chapter 9. Medical Intervention 16 Sec. 1. As used in this chapter, "bodily injury" has the meaning 17 set forth in IC 35-31.5-2-29. 18 Sec. 2. As used in this chapter, "medical intervention" means: 19 (1) a medical: 20 (A) procedure; 21 (B) test; or 22 (C) treatment; 23 (2) an immunization; or 24 (3) a prophylaxis not described in subdivision (1) or (2). 25 Sec. 3. As used in this chapter, "person" has the meaning set 26 forth in IC 35-31.5-2-234(a). 27 Sec. 4. As used in this chapter, "punitive measure" means an 28 action that results in a negative consequence. 29 Sec. 5. Notwithstanding any other law, a person may not require 30 an individual to accept, undergo, or engage in a medical 31 intervention in or on the individual's body as a condition of: 32 (1) employment; 33 (2) entrance; 34 (3) admission; 35 (4) compensation; 36 (5) benefits; or 37 (6) participation. 38 Sec. 6. Notwithstanding any other law, a person may not take a 39 punitive measure against an individual because the individual 40 refused to accept, undergo, or engage in a medical intervention in 41 or on the individual's body. 42 Sec. 7. (a) An individual who suffers bodily injury as a result of 2026 IN 174—LS 6614/DI 147 71 1 a person's violation of section 5 or 6 of this chapter may file an 2 action in the circuit or superior court of the county in which the 3 violation occurred. 4 (b) An individual who files and prevails in an action described 5 in subsection (a) is entitled to recover from the defendant: 6 (1) compensatory damages, including damages for lost wages; 7 and 8 (2) damages for pain and suffering. 9 Sec. 8. An individual may report a violation under section 5 or 10 6 of this chapter to the attorney general. 11 Sec. 9. Nothing in this chapter precludes: 12 (1) a power of attorney or proxy from completing the 13 obligations of the power of attorney or proxy in good faith; 14 (2) an entity from offering: 15 (A) a medical: 16 (i) procedure; 17 (ii) test; or 18 (iii) treatment; 19 (B) an immunization; or 20 (C) a prophylaxis not described in clause (A) or (B); 21 at no cost to an individual; or 22 (3) a person from providing medical intervention to an 23 individual during an emergency. 24 SECTION 102. IC 22-12-1-4, AS AMENDED BY P.L.142-2013, 25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 26 JULY 1, 2026]: Sec. 4. (a) "Class 1 structure" means any part of the 27 following: 28 (1) A building or structure that is intended to be or is occupied or 29 otherwise used in any part by any of the following: 30 (A) The public. 31 (B) Three (3) or more tenants. 32 (C) One (1) or more persons who act as the employees of 33 another. 34 (2) A site improvement affecting access by persons with physical 35 disabilities to a building or structure described in subdivision (1). 36 (3) Outdoor event equipment. 37 (4) Any class of buildings or structures that the commission 38 determines by rules to affect a building or structure described in 39 subdivision (1), except buildings or structures described in 40 subsections (c) through (f). 41 (b) Subsection (a)(1) includes a structure that contains three (3) or 42 more condominium units (as defined in IC 32-25-2-9) or other units 2026 IN 174—LS 6614/DI 147 72 1 that: 2 (1) are intended to be or are used or leased by the owner of the 3 unit; and 4 (2) are not completely separated from each other by an 5 unimproved space. 6 (c) Subsection (a)(1) does not include a building or structure that 7 (1) is intended to be or is used only for an agricultural purpose on 8 the land where it is located. and A building or structure under 9 this subsection includes a stand or another retail building 10 used only for the sale of food products or meat products (as 11 defined in IC 16-42-5.3-1) derived from the land where the 12 stand or retail building is located. 13 (2) is not used for retail trade or is a stand used for retail sales of 14 farm produce for eight (8) or less consecutive months in a 15 calendar year. 16 (d) Subsection (a)(1) does not include a Class 2 structure. 17 (e) Subsection (a)(1) does not include a vehicular bridge. 18 (f) Subsection (a)(1) does not include a structure that is intended to 19 be or is occupied solely to provide periodic maintenance or repair of: 20 (1) the structure; or 21 (2) mechanical or electrical equipment located within and affixed 22 to the structure. 23 SECTION 103. IC 25-22.5-8.7 IS ADDED TO THE INDIANA 24 CODE AS A NEW CHAPTER TO READ AS FOLLOWS 25 [EFFECTIVE JULY 1, 2026]: 26 Chapter 8.7. Exemption From Immunizations 27 Sec. 1. This chapter does not apply to a contract entered into or 28 renewed before July 1, 2026. 29 Sec. 2. As used in this chapter, "immunization" means the 30 treatment of an individual with a vaccine to produce immunity. 31 Sec. 3. A physician may not be required to receive an 32 immunization if receiving the immunization is against the 33 physician's conscience. 34 Sec. 4. (a) A physician may bring a civil action against an entity 35 that violates this chapter. 36 (b) The court may award to a physician who prevails in an 37 action under this section any of the following: 38 (1) Injunctive relief. 39 (2) Costs and reasonable attorney's fees. 40 SECTION 104. IC 27-2-30 IS ADDED TO THE INDIANA CODE 41 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2026]: 2026 IN 174—LS 6614/DI 147 73 1 Chapter 30. Health Care Freedom of Conscience 2 Sec. 1. This chapter applies to a policy or a contract issued, 3 entered into, delivered, amended, or renewed by a health carrier 4 after June 30, 2026. 5 Sec. 2. As used in this chapter, "conscience" means religious, 6 moral, or ethical beliefs or principles. 7 Sec. 3. As used in this chapter, "health care service" means any 8 health care related service, treatment, or procedure to maintain, 9 diagnose, or treat an individual's physical or mental condition. The 10 term includes a patient referral for a health care service. 11 Sec. 4. (a) As used in this chapter, "health carrier" means an 12 entity: 13 (1) that is subject to this title and the administrative rules 14 adopted under this title; and 15 (2) that enters into a contract to: 16 (A) provide health care services; 17 (B) deliver health care services; 18 (C) arrange for health care services; or 19 (D) pay for or reimburse any of the costs of health care 20 services. 21 (b) The term includes the following: 22 (1) An insurer, as defined in IC 27-1-2-3(x), that issues a 23 policy of accident and sickness insurance, as defined in 24 IC 27-8-5-1(a). 25 (2) A health maintenance organization, as defined in 26 IC 27-13-1-19. 27 (3) An administrator (as defined in IC 27-1-25-1(a)) that is 28 licensed under IC 27-1-25. 29 (4) A state employee health plan offered under IC 5-10-8. 30 (5) A short term insurance plan (as defined in IC 27-8-5.9-3). 31 (6) Any other entity that provides a plan of health insurance, 32 health benefits, or health care services. 33 (c) The term does not include: 34 (1) an insurer that issues a policy of accident and sickness 35 insurance; 36 (2) a limited service health maintenance organization (as 37 defined in IC 27-13-34-4); or 38 (3) an administrator; 39 that only provides coverage for, or processes claims for, dental or 40 vision care services. 41 Sec. 5. (a) Except as required by federal law, but 42 notwithstanding any other provision of this title, a health carrier 2026 IN 174—LS 6614/DI 147 74 1 may not be required to provide, deliver, arrange for, pay for, 2 reimburse any of the costs of, or refer an individual for a health 3 care service that violates the health carrier's conscience, as 4 determined by the health carrier's existing or proposed: 5 (1) guidelines; 6 (2) mission statement; 7 (3) constitution; 8 (4) bylaws; 9 (5) articles of incorporation; 10 (6) regulations; or 11 (7) other documents. 12 (b) A health carrier that declines to provide, deliver, arrange 13 for, pay for, reimburse any of the costs of, or refer an individual 14 for a health care service described in subsection (a) may not be 15 held civilly or criminally liable for declining to provide, deliver, 16 arrange for, pay for, or reimburse any of the costs of a health care 17 service. 18 Sec. 6. A health carrier or prospective health carrier may not be 19 subject to any of the following for declining to provide, deliver, 20 arrange for, pay for, reimburse any of the costs of, or refer an 21 individual for a health care service that violates the conscience of 22 the health carrier or prospective health carrier: 23 (1) Discrimination. 24 (2) Denial of, revocation of, or disqualification for: 25 (A) licensure; 26 (B) a grant; or 27 (C) any form of aid, assistance, benefit, or privilege. 28 (3) Denial of authorization to establish, expand, improve, 29 acquire, affiliate, or merge with the health carrier. 30 (4) Criminal or civil liability. 31 Sec. 7. (a) A person injured by a violation of this chapter may 32 bring an action against the person that violated this chapter. 33 (b) It is not a defense in an action under this chapter that a 34 violation was necessary to prevent additional burden or expense on 35 a health care provider, a health care entity, an individual, or a 36 patient. 37 (c) A person whose rights have been violated by a violation of 38 this chapter may assert the violation or impending violation as a 39 claim or defense in a judicial, administrative, or other proceeding. 40 Sec. 8. A prevailing plaintiff in an action brought under section 41 7 of this chapter is entitled to the following: 42 (1) Injunctive relief. 2026 IN 174—LS 6614/DI 147 75 1 (2) The greater of: 2 (A) an amount not to exceed three (3) times the actual 3 damages sustained; or 4 (B) liquidated damages of five thousand dollars ($5,000). 5 (3) Court costs and reasonable attorney's fees. 6 (4) Any other appropriate relief determined by the court. 7 SECTION 105. IC 27-8-24-4 IS AMENDED TO READ AS 8 FOLLOWS [EFFECTIVE JULY 1, 2026]: Sec. 4. (a) Except as 9 provided in section 5 of this chapter, every policy or group contract that 10 provides maternity benefits must provide minimum benefits to a 11 mother and her newborn child that cover: 12 (1) a minimum length of postpartum stay at a hospital licensed 13 under IC 16-21 that is consistent with the minimum postpartum 14 hospital stay recommended by the American Academy of 15 Pediatrics and the American College of Obstetricians and 16 Gynecologists in their Guidelines for Perinatal Care; and 17 (2) the examinations to the newborn child required under 18 IC 16-41-17-2. and 19 (3) the testing of the newborn child required under IC 16-41-6-4. 20 (b) Payment to a hospital for a test required under IC 16-41-6-4 21 must be in an amount equal to the hospital's actual cost of performing 22 the test. 23 SECTION 106. IC 31-27-9-2, AS AMENDED BY P.L.81-2025, 24 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 25 JULY 1, 2026]: Sec. 2. (a) A licensee shall obtain from the placing 26 agency or placing parent a statement indicating whether or not the child 27 has, to the best of the agency's or parent's knowledge, been exposed to 28 a communicable disease within twenty-one (21) days before the date 29 of admission. 30 (b) Each child must receive a health examination by a licensed 31 professional within ninety-three (93) days before admission, or not later 32 than twenty-one (21) days after admission. The examination must 33 include the following: 34 (1) Health history. 35 (2) Physical examination. 36 (3) Vision and hearing screening. 37 (4) A test for tuberculosis if the last such test is known to be 38 negative or if there is no record of a test. If the test is positive the 39 child shall have a diagnostic chest x-ray and other indicated 40 laboratory tests to determine whether or not the disease is in an 41 infectious state. 42 (5) A written statement from the licensed professional that in the 2026 IN 174—LS 6614/DI 147 76 1 professional's opinion there is no health condition that would be 2 hazardous either to the child or to other children in the licensee's 3 care. 4 (6) A statement of the medical findings, including physical 5 defects and need for dental care, state of development, and ability 6 of the child to take part in group activities, or a schedule of 7 permitted activities if activities need to be limited. 8 (7) A health examination, including a tuberculosis screen 9 annually and a tuberculosis test whenever there is reason to 10 suspect that the child may have a condition hazardous or 11 potentially hazardous to others or whenever the child's general 12 condition indicates the need for an examination. 13 (c) Each child must receive a dental examination from a licensed 14 dentist as follows: 15 (1) Within forty-five (45) days of admission unless the child 16 caring institution has documentation of a dental examination 17 within the one hundred eighty-five (185) days before admission. 18 (2) Annually. 19 (3) Whenever an interim condition indicates the need for 20 examination or treatment. 21 (d) Any treatment or corrective measures required by the licensed 22 professional or dentist must be arranged by the licensee, as approved 23 by a parent, legal guardian, or placing agency. 24 (e) This subsection does not apply to an emergency shelter or an 25 emergency shelter group home. A licensee, after attempting to 26 determine the child's immunization history, shall ensure that each child 27 has received all immunizations and booster shots which are required 28 under IC 20-34-4-2(c)(1). 29 (f) (e) All children must be immunized against routine childhood 30 diseases unless exempted by a licensed professional's statement. 31 (g) (f) A child may be exempted from immunizations against routine 32 childhood diseases upon the good faith religious belief statement of the 33 parent or guardian. 34 (h) (g) The adequate immunizing doses and the child's age for 35 administering each vaccine under subsection (e) must be those 36 recommended by the Indiana department of health. 37 (i) (h) Adequate documentation of an immunization history must 38 consist of one (1) of the following: 39 (1) A licensed professional's certificate, including the number and 40 dates of doses administered. 41 (2) Immunization records forwarded from a school corporation, 42 including the number and dates of doses administered. 2026 IN 174—LS 6614/DI 147 77 1 (3) A record maintained by the parent or guardian showing the 2 month, day, and year during which each dose of vaccine was 3 administered. 4 (j) (i) If a licensed professional certifies in writing that a particular 5 immunization required under this section is detrimental, or may be 6 detrimental, to the child's health, the requirements for that particular 7 immunization are not applicable for that child until the immunization 8 is found no longer to be detrimental to the child's health. 9 (k) (j) A licensee shall maintain a health record for each child. The 10 record must include the following: 11 (1) Admission and periodic health and dental examination 12 information. 13 (2) A licensed professional's written instructions with regard to 14 special dietary or health care required. 15 (3) Record of all medications and treatments. 16 (4) Record of observations and incidents, including accidents, 17 injuries, or any other condition which may be associated with a 18 health condition or possible abuse or neglect. 19 SECTION 107. IC 34-30-2.1-98, AS ADDED BY P.L.105-2022, 20 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 21 JULY 1, 2026]: Sec. 98. IC 9-24-10-4(d) (Concerning a driver 22 education instructors licensed ophthalmologists, and licensed 23 optometrists instructor who make reports makes a report concerning 24 the fitness of the applicant to operate a motor vehicle). 25 SECTION 108. IC 34-30-2.1-195.5 IS ADDED TO THE INDIANA 26 CODE AS A NEW SECTION TO READ AS FOLLOWS 27 [EFFECTIVE JULY 1, 2026]: Sec. 195.5. IC 16-18-5-5 and 28 IC 16-18-5-6 (Concerning a health care provider or a health care 29 entity that declines to provide a health care service that violates the 30 conscience of the health care provider or health care entity). 31 SECTION 109. IC 34-30-2.1-246 IS REPEALED [EFFECTIVE 32 JULY 1, 2026]. Sec. 246. IC 16-41-8-5(f) (Concerning a health care 33 provider who discloses information in compliance with IC 16-41-8-5). 34 SECTION 110. IC 34-30-2.1-420.5 IS ADDED TO THE INDIANA 35 CODE AS A NEW SECTION TO READ AS FOLLOWS 36 [EFFECTIVE JULY 1, 2026]: Sec. 420.5. IC 27-2-30-5 and 37 IC 27-2-30-6 (Concerning a health carrier or prospective health 38 carrier that declines to provide a health care service that violates 39 the conscience of the health carrier or prospective health carrier). 40 SECTION 111. IC 34-30-2.1-561 IS REPEALED [EFFECTIVE 41 JULY 1, 2026]. Sec. 561. IC 35-38-1-10.5 (Concerning a person who 42 makes a report or testifies in court regarding the results of a test for a 2026 IN 174—LS 6614/DI 147 78 1 serious disease performed on an individual convicted of certain 2 crimes). 3 SECTION 112. IC 35-31.5-2-138, AS ADDED BY P.L.114-2012, 4 SECTION 67, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 5 JULY 1, 2026]: Sec. 138. "Forcible felony" means a felony that 6 involves the use or threat of force against a human being, or in which 7 there is imminent danger of bodily injury to a human being. The term 8 includes a felony under IC 35-42-2-1(c)(3). 9 SECTION 113. IC 35-31.5-2-279.3 IS ADDED TO THE INDIANA 10 CODE AS A NEW SECTION TO READ AS FOLLOWS 11 [EFFECTIVE JULY 1, 2026]: Sec. 279.3. "Right to bodily integrity", 12 for purposes of IC 35-42-2-1, means the: 13 (1) inalienable right of a human being to remain whole and 14 intact as their creator intended; and 15 (2) right to be free from: 16 (A) a medical: 17 (i) procedure; 18 (ii) test; or 19 (iii) treatment; 20 (B) an immunization; or 21 (C) a prophylaxis not described in clause (A) or (B). 22 SECTION 114. IC 35-38-1-10.5 IS REPEALED [EFFECTIVE 23 JULY 1, 2026]. Sec. 10.5. (a) The court: 24 (1) shall order that a person undergo a screening test for the 25 human immunodeficiency virus (HIV) if the person is: 26 (A) convicted of an offense relating to a criminal sexual act 27 and the offense created an epidemiologically demonstrated 28 risk of transmission of the human immunodeficiency virus 29 (HIV); or 30 (B) convicted of an offense relating to controlled substances 31 and the offense involved: 32 (i) the delivery by any person to another person; or 33 (ii) the use by any person on another person; 34 of a contaminated sharp (as defined in IC 16-41-16-2) or other 35 paraphernalia that creates an epidemiologically demonstrated 36 risk of transmission of HIV by involving percutaneous contact; 37 and 38 (2) may order that a person undergo a screening test for a serious 39 disease (as defined in IC 16-41-8-5) in accordance with 40 IC 16-41-8-5. 41 (b) If the screening test required by this section indicates the 42 presence of antibodies to HIV, the court shall order the person to 2026 IN 174—LS 6614/DI 147 79 1 undergo a confirmatory test. 2 (c) If the confirmatory test confirms the presence of the HIV 3 antibodies, the court shall report the results to the Indiana department 4 of health and require a probation officer to conduct a presentence 5 investigation to: 6 (1) obtain the medical record of the convicted person from the 7 Indiana department of health under IC 16-41-8-1(b)(3); and 8 (2) determine whether the convicted person had received risk 9 counseling that included information on the behavior that 10 facilitates the transmission of HIV. 11 (d) A person who, in good faith: 12 (1) makes a report required to be made under this section; or 13 (2) testifies in a judicial proceeding on matters arising from the 14 report; 15 is immune from both civil and criminal liability due to the offering of 16 that report or testimony. 17 (e) The privileged communication between a husband and wife or 18 between a health care provider and the health care provider's patient is 19 not a ground for excluding information required under this section. 20 (f) A mental health service provider (as defined in IC 34-6-2.1-123) 21 who discloses information that must be disclosed to comply with this 22 section is immune from civil and criminal liability under Indiana 23 statutes that protect patient privacy and confidentiality. 24 SECTION 115. IC 35-38-1-10.6 IS REPEALED [EFFECTIVE 25 JULY 1, 2026]. Sec. 10.6. (a) The Indiana department of health shall 26 notify victims of an offense relating to a criminal sexual act or an 27 offense relating to controlled substances if tests conducted under 28 section 10.5 of this chapter or IC 16-41-8-5 confirm that the person 29 tested had antibodies for the human immunodeficiency virus (HIV). 30 (b) The Indiana department of health shall provide counseling to 31 persons notified under this section. 32 SECTION 116. IC 35-42-2-1, AS AMENDED BY P.L.148-2024, 33 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 34 JULY 1, 2026]: Sec. 1. (a) As used in this section, "public safety 35 official" means: 36 (1) a law enforcement officer, including an alcoholic beverage 37 enforcement officer; 38 (2) an employee of a penal facility or a juvenile detention facility 39 (as defined in IC 31-9-2-71); 40 (3) an employee of the department of correction; 41 (4) a probation officer; 42 (5) a parole officer; 2026 IN 174—LS 6614/DI 147 80 1 (6) a community corrections worker; 2 (7) a home detention officer; 3 (8) a department of child services employee; 4 (9) a firefighter; 5 (10) an emergency medical services provider; 6 (11) a judicial officer; 7 (12) a bailiff of any court; or 8 (13) a special deputy (as described in IC 36-8-10-10.6). 9 (b) As used in this section, "relative" means an individual related by 10 blood, half-blood, adoption, marriage, or remarriage, including: 11 (1) a spouse; 12 (2) a parent or stepparent; 13 (3) a child or stepchild; 14 (4) a grandchild or stepgrandchild; 15 (5) a grandparent or stepgrandparent; 16 (6) a brother, sister, stepbrother, or stepsister; 17 (7) a niece or nephew; 18 (8) an aunt or uncle; 19 (9) a daughter-in-law or son-in-law; 20 (10) a mother-in-law or father-in-law; or 21 (11) a first cousin. 22 (c) Except as provided in subsections (d) through (k), a person who 23 knowingly or intentionally: 24 (1) touches another person in a rude, insolent, or angry manner; 25 or 26 (2) in a rude, insolent, or angry manner places any bodily fluid or 27 waste on another person; or 28 (3) causes bodily injury to another person by violating 29 IC 22-5-9-5 or IC 22-5-9-6; 30 commits battery, a Class B misdemeanor. 31 (d) The offense described in subsection (c)(1) or (c)(2) is a Class A 32 misdemeanor if it: 33 (1) results in bodily injury to any other person; or 34 (2) is committed against a member of a foster family home (as 35 defined in IC 35-31.5-2-139.3) by a person who is not a resident 36 of the foster family home if the person who committed the offense 37 is a relative of a person who lived in the foster family home at the 38 time of the offense. 39 (e) The offense described in subsection (c)(1) or (c)(2) is a Level 6 40 felony if one (1) or more of the following apply: 41 (1) The offense results in moderate bodily injury to any other 42 person. 2026 IN 174—LS 6614/DI 147 81 1 (2) The offense is committed against a public safety official while 2 the official is engaged in the official's official duty, unless the 3 offense is committed by a person detained or committed under 4 IC 12-26. 5 (3) The offense is committed against a person less than fourteen 6 (14) years of age and is committed by a person at least eighteen 7 (18) years of age. 8 (4) The offense is committed against a person of any age who has 9 a mental or physical disability and is committed by a person 10 having the care of the person with the mental or physical 11 disability, whether the care is assumed voluntarily or because of 12 a legal obligation. 13 (5) The offense is committed against an endangered adult (as 14 defined in IC 12-10-3-2). 15 (6) The offense: 16 (A) is committed against a member of a foster family home (as 17 defined in IC 35-31.5-2-139.3) by a person who is not a 18 resident of the foster family home if the person who committed 19 the offense is a relative of a person who lived in the foster 20 family home at the time of the offense; and 21 (B) results in bodily injury to the member of the foster family. 22 (f) The offense described in subsection (c)(2) is a Level 6 felony if 23 the person knew or recklessly failed to know that the bodily fluid or 24 waste placed on another person was infected with hepatitis, 25 tuberculosis, or human immunodeficiency virus. 26 (g) The offense described in subsection (c)(1), or (c)(2), or (c)(3) is 27 a Level 5 felony if one (1) or more of the following apply: 28 (1) The offense results in serious bodily injury to another person. 29 (2) The offense is committed with a deadly weapon. 30 (3) The offense results in bodily injury to a pregnant woman if the 31 person knew of the pregnancy. 32 (4) The person has a previous conviction for a battery or 33 strangulation offense included in this chapter against the same 34 victim. 35 (5) The offense results in bodily injury to one (1) or more of the 36 following: 37 (A) A public safety official while the official is engaged in the 38 official's official duties, unless the offense is committed by a 39 person detained or committed under IC 12-26. 40 (B) A person less than fourteen (14) years of age if the offense 41 is committed by a person at least eighteen (18) years of age. 42 (C) A person who has a mental or physical disability if the 2026 IN 174—LS 6614/DI 147 82 1 offense is committed by an individual having care of the 2 person with the disability, regardless of whether the care is 3 assumed voluntarily or because of a legal obligation. 4 (D) An endangered adult (as defined in IC 12-10-3-2). 5 (6) The offense constitutes a violation of the right to bodily 6 integrity. 7 (h) The offense described in subsection (c)(2) is a Level 5 felony if: 8 (1) the person knew or recklessly failed to know that the bodily 9 fluid or waste placed on another person was infected with 10 hepatitis, tuberculosis, or human immunodeficiency virus; and 11 (2) the person placed the bodily fluid or waste on a public safety 12 official, unless the offense is committed by a person detained or 13 committed under IC 12-26. 14 (i) The offense described in subsection (c)(1) or (c)(2) is a Level 4 15 felony if it results in serious bodily injury to an endangered adult (as 16 defined in IC 12-10-3-2). 17 (j) The offense described in subsection (c)(1) or (c)(2) is a Level 3 18 felony if it results in serious bodily injury to a person less than fourteen 19 (14) years of age if the offense is committed by a person at least 20 eighteen (18) years of age. 21 (k) The offense described in subsection (c)(1) or (c)(2) is a Level 2 22 felony if it results in the death of one (1) or more of the following: 23 (1) A person less than fourteen (14) years of age if the offense is 24 committed by a person at least eighteen (18) years of age. 25 (2) An endangered adult (as defined in IC 12-10-3-2). 26 SECTION 117. IC 35-52-16-40 IS REPEALED [EFFECTIVE JULY 27 1, 2026]. Sec. 40. IC 16-41-5-3 defines a crime concerning 28 communicable diseases. 29 SECTION 118. IC 35-52-16-41 IS REPEALED [EFFECTIVE JULY 30 1, 2026]. Sec. 41. IC 16-41-6-3 defines a crime concerning 31 communicable diseases. 32 SECTION 119. IC 35-52-16-45 IS REPEALED [EFFECTIVE JULY 33 1, 2026]. Sec. 45. IC 16-41-8-5 defines a crime concerning 34 communicable diseases. 35 SECTION 120. IC 35-52-16-46 IS REPEALED [EFFECTIVE JULY 36 1, 2026]. Sec. 46. IC 16-41-9-1.5 defines a crime concerning 37 communicable diseases. 38 SECTION 121. [EFFECTIVE JULY 1, 2026] (a) Before December 39 31, 2026, the Indiana department of health shall amend rules 40 affected by IC 16-42-5.3-1, IC 16-42-5.3-3, IC 16-42-5.3-7, and 41 IC 16-42-5.3-12, all as amended by this act, and IC 16-42-5.3-10.5, 42 as added by this act, to comply with the amendments to those 2026 IN 174—LS 6614/DI 147 83 1 sections. 2 (b) This SECTION expires January 1, 2027. 2026 IN 174—LS 6614/DI 147