Sec. 8. (a) The state department shall establish a birth problems registry for the purpose of recording all cases of birth problems that occur in Indiana residents and compiling necessary and appropriate information concerning those cases, as determined by the state department, in order to:
(1) conduct epidemiologic and environmental studies and to apply appropriate preventive and control measures;
(2) except for an autism spectrum disorder, inform the parents of children with birth problems:
(A) at the time of discharge from the hospital; or
(B) if a birth problem is diagnosed during a physician or hospital visit that occurs before the child is:
(i) except as provided in item (ii), three (3) years of age at the time of diagnosis; or
(ii) five (5) years of age at the time of diagnosis if the disorder is a fetal alcohol spectrum disorder;
about physicians care facilities, and appropriate community resources, including local step ahead agencies and the infants and toddlers with disabilities program (IC 12-12.7-2);
(3) except as provided in subsection (d), inform:
(A) the individual with problems at any age; or
(B) the individual's parent;
at the time of diagnosis, if the individual's disorder is an autism spectrum disorder, about physicians and appropriate state and community resources, including local step ahead agencies and the infants and toddlers with disabilities program (IC 12-12.7-2); or
(4) inform citizens regarding programs designed to prevent or reduce birth problems.
(b) The state department shall record in the birth problems registry:
(1) all data concerning birth problems of children that are provided from the certificate of live birth;
(2) any additional information that may be provided by an individual or entity described in section 7(a) of this chapter concerning a birth problem that is:
(A) published in a list by the state department; and
(B) recognized:
(i) after the child is discharged from the hospital as a newborn;
(ii) before the child is five (5) years of age if the child is diagnosed with a fetal alcohol spectrum disorder;
(iii) before the child is three (3) years of age for any diagnosis not specified in items (ii) and (iv); and
(iv) at any age if the individual is diagnosed with an autism spectrum disorder; and
(3) information reported to the state department by the office of the secretary under IC 12-12-9-3 concerning a child who is less than five (5) years of age and diagnosed with a visual impairment or blindness.
(c) The state department shall provide a physician and a local health department with necessary forms for reporting under this chapter.
(d) Concerning an individual who is at least eight (8) years of age and diagnosed with an autism spectrum disorder, the state department is not required to do any of the following:
(1) Report information to the federal Centers for Disease Control and Prevention.
(2) Confirm the individual's diagnosis.
(3) Verbally inform an individual of the information set forth in subsection (a)(3).
As added by P.L.180-1993, SEC.2. Amended by P.L.93-2001, SEC.5; P.L.11-2002, SEC.1; P.L.28-2004, SEC.138; P.L.17-2004, SEC.6; P.L.2-2005, SEC.57; P.L.93-2006, SEC.14; P.L.188-2013, SEC.20; P.L.141-2014, SEC.20; P.L.130-2018, SEC.83; P.L.218-2019, SEC.4.
Structure Indiana Code
Chapter 4. Birth Problems Registry
16-38-4-2. "Other Severe Disability"
16-38-4-8. Birth Problems Registry; Reporting Forms; Autism Spectrum Disorder Exemptions
16-38-4-9. Reports of Birth Problems to Registry
16-38-4-10. Confidentiality of Information
16-38-4-11. Access to Confidential Information for Research
16-38-4-12. Requests for Additional Information
16-38-4-13. Release of Confidential Information
16-38-4-14. Persons Reporting to Registry; Immunity From Liability for Released Information
16-38-4-15. Epidemiological and Environmental Information; Release Permitted
16-38-4-16. Educational Programs
16-38-4-16.5. Review of Medical Records
16-38-4-17. Birth Problems Registry Fund