CRIMINAL LAWAND PROCEDURE
241
body;
commits failure to report a dead body, a Class A
misdemeanor.
Chapter 20. Dispensing Contact Lenses
Without Prescription.
35-45-20-1.
“Prescription” defined.
35-45-20-2.
Dispensing contact lenses without pre-
scription.
35-45-20-1. “Prescription” defined.
As used in this chapter, “prescription” means
a written or electronically transmitted contact
lens prescription or order that:
(1) is issued by an optometrist licensed
under IC 25-24 or a physician licensed
under IC 25-22.5; and
(2) was issued within the previous year.
35-45-20-2. Dispensing contact lenses
without prescription.
Aperson who dispenses a contact lens, includ-
ing a contact lens without corrective power, to an
individual who does not have a prescription for the
contact lens being dispensed commits a Class A
infraction.
Chapter 21. Offenses Against Public Health.
35-45-21-1.
Tranferring contaminated body fluids.
35-45-21-2.
Unlawful sale of home HIV test kit.
35-45-21-3 Recklessly violating or failing to comply
with IC 16-41-7.
35-45-21-4 Tattooing a minor.
35-45-21-5 Interference with medical services.
35-45-21-1. Transferring contaminated body
fluid.
(a) As used in this section, “blood” has the
meaning set forth in IC 16-41-12-2.5.
(b) A person who recklessly, knowingly, or
intentionally donates, sells, or transfers blood or
semen for artificial insemination (as defined in IC
16-41-14-2) that contains the human immunode-
ficiency virus (HIV) commits transferring con-
taminated body fluids, a Level 5 felony.
(c) However, the offense under subsection (b)
is a Level 3 felony if it results in the transmission
of the human immunodeficiency virus (HIV) to
any person other than the defendant.
(d) This section does not apply to:
(1) a person who, for reasons of privacy,
donates, sells, or transfers blood at a blood
center (as defined by IC 16-41-12-3) after
the person has notified the blood center that
the blood must be disposed of and may not
be used for any purpose;
(2) a person who transfers blood semen, or
another body fluid that contains the human
immunodeficiency virus (HIV) for research
purposes; or
(3) a person who is an autologous blood
donor for stem cell transplantation.
35-45-21-2. Unlawful sale of home HIV test
kits.
(a) The sale or distribution of:
(1) diagnostic testing equipment or appa-
ratus; or
(2) a blood collection kit;
intended for home use to diagnose or confirm
human immunodeficiency virus (HIV) infection
or disease is prohibited unless the testing equip-
ment, apparatus, or kit has been approved for
such use by the federal Food and Drug
Administration.
(b) A person who recklessly, knowingly, or
intentionally violates this section commits a Class
A misdemeanor.
35-45-21-3. Recklessly violating or failing to
comply with IC 16-41-7.
(a) A person who recklessly violates or fails
to comply with IC 16-41-7 commits a Class B mis-
demeanor.
(b) A person who knowingly or intentionally
violates or fails to comply with IC 16-41-7-1
commits a Level 6 felony.
(c) Each day a violation described in this sec-
tion continues constitutes a separate offense.
35-45-21-4. Tattooing a minor.
(a) As used in this section, “tattoo” means:
(1) any indelible design, letter, scroll, fig-
ure, symbol, or other mark placed with
the aid of needles or other instruments; or
(2) any design, letter, scroll, figure, or
symbol done by scarring;
upon or under the skin.
(b) As used in this section, “body piercing”
means the perforation of any human body part
other than an earlobe for the purpose of inserting
