Sec. 7. (a) The state department may designate an agent who, upon presentation of proper credentials, may enter a facility to inspect for possible violations of this chapter or rules adopted under this chapter.

     (b) The state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and civil penalty not to exceed one thousand dollars ($1,000) per violation per day against a person who does any of the following:

Terms Used In Indiana Code 16-41-11-7

  • facility: means a building where an individual handles blood or other body fluids in the regular course of the individual's employment. See Indiana Code 16-41-11-2
  • Statute: A law passed by a legislature.
(1) Fails to comply with this chapter or rules adopted under this chapter.

(2) Interferes with or obstructs the state department or the state department’s designated agent in the performance of official duties under this chapter.

     (c) The state department may commence an action against a facility under either:

(1) subsection (b); or

(2) the licensure statute for the facility;

if the facility is licensed by the state department. However, the state department may not bring an action arising out of one (1) incident under both statutes.

     (d) The state department may report to any other board or agency responsible for licensure, registration, or certification of health care providers, facilities, or other health care workers an individual or facility that is found to be operating in violation of this chapter or rules adopted under this chapter.

[Pre-1993 Recodification Citation: 16-10-7-6.]

As added by P.L.2-1993, SEC.24.