Record; certified copy
Sec. 2. The record of any deposition recorded under the
provisions of section 1 of this chapter (or IC 34-1-16-1 before its
repeal), and copies of the record, duly certified, may be used as
evidence, whenever and wherever the original deposition might be
used.
As added by P.L.1-1998, SEC.33.
&DNM.IC 34-6-2
&YENC.
&YAMD.
Chapter 2. Definitions
&DNM.IC 34-6-2-1
&YENC.
&YAMD.
Repealed
(Repealed by P.L.133-2002, SEC.69.)
&DNM.IC 34-6-2-2
&YENC.1998
&YAMD.1998
"Actual damages"
IC 34-6-2-2 Sec. 2. (a) "Actual damages", for purposes of IC
34-15-3, includes all damages that the plaintiff may have suffered in
respect to the plaintiff's character, property, business, trade, profession,
or occupation.
(b)"Actual damages", for purposes of IC 34-15-4, means all
damages that the plaintiff may have suffered in respect to the plaintiff's
reputation, property, business, trade, profession, or occupation.
(c) The phrase does not include any other damages.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-2.5
&YENC.1999
&YAMD.1999
"Adult person"
IC 34-6-2-2.5 Sec. 2.5. "Adult person", for purposes of IC
34-23-1-2, has the meaning set forth in IC 34-23-1-2(a).
&HST.As added by P.L.84-1999, SEC.1.&EHST.
&DNM.IC 34-6-2-3
&YENC.1998
&YAMD.1998
"Advance payment"
IC 34-6-2-3 Sec. 3. "Advance payment", for purposes of IC 34-44-2,
means a payment made:
(1) by:
(A) the defendant in an action to recover damages for personal
injuries, wrongful death, or property damage; or
(B) the defendant's insurance company; and
(2) to or for the plaintiff or any other person.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-3.3
&YENC.2005
&YAMD.2005
"Advertiser or sponsor"
IC 34-6-2-3.3 Sec. 3.3. (a) "Advertiser or sponsor", for purposes of
IC 34-30-22, means a person who for political, commercial,
educational, benevolent, or charitable purposes:
(1) donates or contributes money, materials, or products; or
(2) pays fees to advertise or display trademarks;
in connection with an event.
(b) The term does not include a person who exercises primary
control over an event.
&HST.As added by P.L.116-2005, SEC.1.&EHST.
&DNM.IC 34-6-2-4
&YENC.
&YAMD.
Repealed
(Repealed by P.L.205-2003, SEC.44.)
&DNM.IC 34-6-2-5
&YENC.1998
&YAMD.1998
"Agency"
IC 34-6-2-5 Sec. 5. (a)"Agency", for purposes of IC 34-30-9, has the
meaning set forth in IC 4-20.5-1-3. The term includes any institution
supported by taxes.
(b) "Agency", for purposes of IC 34-52-2, refers to any elected
official or other authority exercising any of the executive, including
administrative, authority of the state. The term does not include the
legislative or judicial department of state government or a political
subdivision.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-6
&YENC.1998
&YAMD.1998
"Aggrieved person"
IC 34-6-2-6 Sec. 6. "Aggrieved person", for purposes of IC 34-24-2,
means any of the following:
(1) A person who has an interest in property or in an enterprise
that:
(A) is the object of corrupt business influence (IC 35-45-6-2);
or
(B) has suffered damages or harm as a result of corrupt
business influence (IC 35-45-6-2).
(2) An individual whose personal safety is threatened by criminal
gang (as defined in section 32 of this chapter) activity.
(3) An individual or a business whose property value or business
activity is negatively affected due to criminal gang (as defined in
section 32 of this chapter) activity.
(4) A political subdivision in which criminal gang (as defined in
section 32 of this chapter) activity negatively affects the property
values or business activity of the political subdivision or the
personal safety of the political subdivision's residents.
(5) The state.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-7
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-8
&YENC.1998
&YAMD.1998
"Agricultural product"
IC 34-6-2-8 Sec. 8. "Agricultural product", for purposes of IC
34-30-3, means a natural product of a farm, a nursery, a grove, an
orchard, a vineyard, a garden, or an apiary. The term includes trees and
firewood.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-9
&YENC.1998
&YAMD.1998
"Ambulance service"
IC 34-6-2-9 Sec. 9. "Ambulance service", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-4.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-10
&YENC.1998
&YAMD.1998
"Annual aggregate"
IC 34-6-2-10 Sec. 10. "Annual aggregate", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-5.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-11
&YENC.1998
&YAMD.2003
"Armory"
IC 34-6-2-11 Sec. 11. "Armory", for purposes of IC 34-30-8, means
an armory constructed and operated under IC 10-16-3 or IC 10-16-4.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.2-2003,
SEC.81.&EHST.
&DNM.IC 34-6-2-12
&YENC.1998
&YAMD.1998
"Assisting sheriff"
IC 34-6-2-12 Sec. 12. "Assisting sheriff", for purposes of IC
34-47-4, means the sheriff of a county other than the county in which
a writ of attachment has been issued under IC 34-47-4.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-13
&YENC.1998
&YAMD.1998
"Auctioneer"
IC 34-6-2-13 Sec. 13. "Auctioneer", for purposes of IC 34-55-6,
means an auctioneer licensed under IC 25-6.1.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-14
&YENC.1998
&YAMD.1998
"Authority"
IC 34-6-2-14 Sec. 14. "Authority", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-6.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-15
&YENC.1998
&YAMD.1998
"Authorized persons"
IC 34-6-2-15 Sec. 15. "Authorized persons", for purposes of IC
34-43-1, include:
(1) the patient;
(2) a person authorized by the patient to request the records, if the
authorization was made in writing not more than sixty (60) days
before the date of the request for the records;
(3) physicians or other professionals within the hospital;
(4) a person entitled to request health records under IC 16-39-1-3;
(5) a coroner who is investigating a death under IC 36-2-14-6; and
(6) any other person designated by order of a court of competent
jurisdiction.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-16
&YENC.1998
&YAMD.1998
"Beverages"
IC 34-6-2-16 Sec. 16. "Beverages", for purposes of IC 34-30-8,
includes alcoholic beverages.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-17
&YENC.1998
&YAMD.1998
"Business"
IC 34-6-2-17 Sec. 17. "Business", for purposes of IC 34-42, means
each business, bank, industry, governmental entity, profession,
occupation, and calling of every kind.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-18
&YENC.1998
&YAMD.1998
"Center"
IC 34-6-2-18 Sec. 18. "Center", for purposes of IC 34-57-3, means
a community dispute resolution center or local program that provides
conciliation, mediation, arbitration, or other dispute resolution services.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-19
&YENC.1998
&YAMD.1998
"Certified copy of a certificate of title"
IC 34-6-2-19 Sec. 19. "Certified copy of a certificate of title", for
purposes of IC 34-40-4, means a document that is:
(1) a copy of a certificate of title for a motor vehicle, by whatever
name designated, that is issued by the bureau of motor vehicles or
a governmental entity in another state;
(2) prepared from a record of the governmental entity issuing the
certificate of title; and
(3) certified by the officer having legal custody of the record
described in subdivision (2) or the officer's deputy.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-20
&YENC.1998
&YAMD.2002
"Charitable entity"
IC 34-6-2-20 Sec. 20. "Charitable entity", for purposes of IC
34-30-5, means any entity exempted from state gross retail tax under
IC 6-2.5-5-21(b)(1)(B).
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.192-2002(ss),
SEC.173.&EHST.
&DNM.IC 34-6-2-21
&YENC.1998
&YAMD.1998
"Child"
IC 34-6-2-21 Sec. 21. (a) "Child", for purposes of IC 34-23-2, has
the meaning set forth in IC 34-23-2.
(b) "Child", for purposes of IC 34-30-11, includes a child of any
age.
(c) "Child", for purposes of IC 34-31-4, means an unemancipated
person who is less than eighteen (18) years of age.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-21.2
&YENC.
&YAMD.
Repealed
(Repealed by P.L.1-2003, SEC.105.)
&DNM.IC 34-6-2-22
&YENC.1998
&YAMD.1998
"Cognovit note"
IC 34-6-2-22 Sec. 22. "Cognovit note", for purposes of IC 34-54-4,
means a negotiable instrument or other written contract to pay money
that contains a provision or stipulation:
(1) giving to any person a power of attorney, or authority as
attorney, for the maker, endorser, assignor, or other person liable
on the negotiable instrument or contract, and in the name of the
maker, endorser, assignor, or other obligor:
(A) to appear in any court, whether of record or inferior; or
(B) to waive personal service of process;
in any action to enforce payment of money or any part of the
money claimed to be due;
(2) authorizing or purporting to authorize an attorney, agent, or
other representative, however designated, to confess judgment on
the instrument for a sum of money when the sum is to be
ascertained, or the judgment is to be rendered or entered
otherwise than by action of court upon a hearing after personal
service upon the debtor, whether with or without attorney's fee; or
(3) authorizing or purporting to authorize an attorney, agent, or
representative to:
(A) release errors or the right of appeal from any judgment; or
(B) consent to the issuance of execution on the judgment.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-23
&YENC.1998
&YAMD.1998
"College, university, or junior college"
IC 34-6-2-23 Sec. 23. "College, university, or junior college", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-7.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-24
&YENC.1998
&YAMD.1998
"Commissioner"
IC 34-6-2-24 Sec. 24. "Commissioner", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-8.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-25
&YENC.1998
&YAMD.1998
"Community health center"
IC 34-6-2-25 Sec. 25. "Community health center", for purposes of
IC 34-18, has the meaning set forth in IC 34-18-2-9.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-26
&YENC.1998
&YAMD.1998
"Community mental health center"
IC 34-6-2-26 Sec. 26. "Community mental health center", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-10.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-27
&YENC.1998
&YAMD.1998
"Community mental retardation center"
IC 34-6-2-27 Sec. 27. "Community mental retardation center", for
purposes of IC 34-18, has the meaning set forth in IC 34-18-2-11.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-28
&YENC.1998
&YAMD.1998
"Compensation"
IC 34-6-2-28 Sec. 28. (a) "Compensation", for purposes of section
127 of this chapter, does not include payments:
(1) to reimburse the expenses of a qualified director (as defined
in section 127 of this chapter); and
(2) for per diem.
(b) "Compensation", for purposes of IC 34-30-18, means anything
of value given as payment for performing a function. The term does not
include:
(1) payment for expenses, prizes, or trophies; or
(2) a payment to an individual of fifteen dollars ($15) or less for
performing one (1) or more functions during a day.
(c) "Compensation", for purposes of IC 34-30-19, does not include
the following:
(1) Reimbursement or payment of reasonable expenses incurred
for the benefit of a sports or leisure activity.
(2) Any award, meal, or other gift that does not exceed one
hundred dollars ($100) in value and is given as a token of
appreciation or recognition.
(3) Any per diem payment that does not exceed fifty dollars ($50)
for personal services as a referee, umpire, judge, or assistant to a
referee, umpire, or judge.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-29
&YENC.1998
&YAMD.1998
"Consumer"
IC 34-6-2-29 Sec. 29. "Consumer", for purposes of IC 34-20, means:
(1) a purchaser;
(2) any individual who uses or consumes the product;
(3) any other person who, while acting for or on behalf of the
injured party, was in possession and control of the product in
question; or
(4) any bystander injured by the product who would reasonably be
expected to be in the vicinity of the product during its reasonably
expected use.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-30
&YENC.1998
&YAMD.1998
"Cost of the periodic payments agreement"
IC 34-6-2-30 Sec. 30. "Cost of the periodic payments agreement",
for purposes of IC 34-18-14, has the meaning set forth in IC
34-18-14-1.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-31
&YENC.1998
&YAMD.1998
"Court"
IC 34-6-2-31 Sec. 31. (a) "Court", for purposes of IC 34-51-4, refers
to the court awarding a judgment.
(b) "Court", for purposes of IC 34-57-2, has the meaning set forth
in IC 34-57-2-17.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-32
&YENC.1998
&YAMD.1998
"Criminal gang"
IC 34-6-2-32 Sec. 32. "Criminal gang", for purposes of section 6 of
this chapter, has the meaning set forth in IC 35-45-9-1.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-33
&YENC.1998
&YAMD.1998
"Daily newspaper"
IC 34-6-2-33 Sec. 33. "Daily newspaper", for purposes of IC
34-15-4, means a newspaper that publishes five (5) or more issues each
week.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-33.5
&YENC.2005
&YAMD.2005
"Debt"
IC 34-6-2-33.5 Sec. 33.5. "Debt", for purposes of sections 44.3,
44.4, 71.9, 73.5, 73.7, and 135.5 of this chapter and IC 34-55-10,
means a legally or an equitably enforced monetary obligation or
liability of an individual arising out of contract, tort, or otherwise.
&HST.As added by P.L.179-2005, SEC.2.&EHST.
&DNM.IC 34-6-2-34
&YENC.1998
&YAMD.1998
"Department"
IC 34-6-2-34 Sec. 34. "Department", for purposes of IC 34-13-3-7,
refers to the department of correction.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-34.5
&YENC.2002
&YAMD.2003
"Domestic or family violence"
IC 34-6-2-34.5 Sec. 34.5. "Domestic or family violence" means,
except for an act of self-defense, the occurrence of at least one (1) of
the following acts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causing physical
harm to another family or household member.
(2) Placing a family or household member in fear of physical
harm.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
For purposes of IC 34-26-5, domestic and family violence also includes
stalking (as defined in IC 35-45-10-1) or a sex offense under IC
35-42-4, whether or not the stalking or sex offense is committed by a
family or household member.
&HST.As added by P.L.133-2002, SEC.41. Amended by P.L.221-2003,
SEC.7.&EHST.
&DNM.IC 34-6-2-35
&YENC.1998
&YAMD.1998
"Economically feasible"
IC 34-6-2-35 Sec. 35. "Economically feasible", for purposes of IC
34-55-6, means a finding by the court that:
(1) a reasonable probability exists that with the use of auctioneer
services a valid and enforceable bid will be made at the execution
for a sale price equal to or greater than the amount of the
judgment and the costs and expenses necessary to its satisfaction,
including the costs of the auctioneer; and
(2) no such probability exists without the use of an auctioneer.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-36
&YENC.1998
&YAMD.1998
"Emergency"
IC 34-6-2-36 Sec. 36. "Emergency", for purposes of IC 34-30-6,
means an occurrence or an imminent threat of an occurrence that
involves a hazardous substance or compressed gas and that creates the
possibility of harm to any person, to property, or to the environment.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-37
&YENC.1998
&YAMD.1998
"Emergency medical technician"
IC 34-6-2-37 Sec. 37. "Emergency medical technician", for purposes
of IC 34-18, has the meaning set forth in IC 34-18-2-12.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-37.2
&YENC.2003
&YAMD.2003
"Emergency medical technician-basic advanced"
IC 34-6-2-37.2 Sec. 37.2. "Emergency medical technician-basic
advanced", for purposes of IC 34-18, has the meaning set forth in IC
34-18-2-12.1.
&HST.As added by P.L.205-2003, SEC.38.&EHST.
&DNM.IC 34-6-2-37.4
&YENC.2003
&YAMD.2003
"Emergency medical technician-intermediate"
IC 34-6-2-37.4 Sec. 37.4. "Emergency medical
technician-intermediate", for purposes of IC 34-18, has the meaning set
forth in IC 34-18-2-12.2.
&HST.As added by P.L.205-2003, SEC.39.&EHST.
&DNM.IC 34-6-2-38
&YENC.1998
&YAMD.2003
"Employee" and "public employee"
IC 34-6-2-38 Sec. 38. (a) "Employee" and "public employee", for
purposes of section 91 of this chapter, IC 34-13-2, IC 34-13-3, IC
34-13-4, and IC 34-30-14, mean a person presently or formerly acting
on behalf of a governmental entity, whether temporarily or permanently
or with or without compensation, including members of boards,
committees, commissions, authorities, and other instrumentalities of
governmental entities, volunteer firefighters (as defined in IC
36-8-12-2), and elected public officials.
(b) The term also includes attorneys at law whether employed by the
governmental entity as employees or independent contractors and
physicians licensed under IC 25-22.5 and optometrists who provide
medical or optical care to confined offenders (as defined in IC 11-8-1)
within the course of their employment by or contractual relationship
with the department of correction. However, the term does not include:
(1) an independent contractor (other than an attorney at law, a
physician, or an optometrist described in this section);
(2) an agent or employee of an independent contractor;
(3) a person appointed by the governor to an honorary advisory or
honorary military position; or
(4) a physician licensed under IC 25-22.5 with regard to a claim
against the physician for an act or omission occurring or allegedly
occurring in the physician's capacity as an employee of a hospital.
(c) A physician licensed under IC 25-22.5 who is an employee of a
governmental entity (as defined in section 49 of this chapter) shall be
considered a public employee for purposes of IC 34-13-3-3(21).
(d) For purposes of IC 34-13-3 and IC 34-13-4, the term includes a
person that engages in an act or omission before July 1, 2004, in the
person's capacity as:
(1) a contractor under IC 6-1.1-4-32;
(2) an employee acting within the scope of the employee's duties
for a contractor under IC 6-1.1-4-32;
(3) a subcontractor of the contractor under IC 6-1.1-4-32 that is
acting within the scope of the subcontractor's duties; or
(4) an employee of a subcontractor described in subdivision (3)
that is acting within the scope of the employee's duties.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.142-1999,
SEC.1; P.L.250-2001, SEC.1; P.L.1-2002, SEC.142; P.L.151-2002,
SEC.4 and P.L.178-2002, SEC.112; P.L.1-2003, SEC.88.&EHST.
&DNM.IC 34-6-2-39
&YENC.1998
&YAMD.1998
"Enterprise"
IC 34-6-2-39 Sec. 39. "Enterprise", for purposes of IC 34-24-2, has
the meaning set forth in IC 35-45-6-1.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-40
&YENC.1998
&YAMD.1998
"Equine"
IC 34-6-2-40 Sec. 40. "Equine", for purposes of IC 34-31-5, means
a horse, pony, mule, donkey, or hinny.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-41
&YENC.1998
&YAMD.1998
"Equine activity"
IC 34-6-2-41 Sec. 41. (a) "Equine activity", for purposes of IC
34-31-5, includes the following:
(1) Equine shows, fairs, competitions, performances, or parades
that involve equines and any of the equine disciplines, including
dressage, hunter and jumper horse shows, grand prix jumping,
three (3) day events, combined training, rodeos, driving, pulling,
cutting, polo, steeplechasing, English and western performance
riding, endurance trail riding and western games, and hunting.
(2) Equine training or teaching activities.
(3) Boarding equines.
(4) Riding, driving, inspecting, or evaluating an equine, whether
or not monetary consideration or anything of value is exchanged.
(5) Rides, trips, hunts, or other equine activities of any type (even
if informal or impromptu) that are sponsored by an equine activity
sponsor.
(6) Placing or replacing horseshoes on an equine.
(b) The term does not include being a spectator at an equine activity.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-42
&YENC.1998
&YAMD.1998
"Equine activity sponsor"
IC 34-6-2-42 Sec. 42. "Equine activity sponsor", for purposes of IC
34-31-5, means a person who sponsors, organizes, or provides facilities
for an equine activity.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-43
&YENC.1998
&YAMD.1998
"Equine professional"
IC 34-6-2-43 Sec. 43. "Equine professional", for purposes of IC
34-31-5, means a person who, for compensation:
(1) instructs a participant on riding, driving, or being a passenger
upon an equine;
(2) rents to a participant an equine for the purpose of riding,
driving, or being a passenger upon the equine; or
(3) rents equipment or tack to a participant.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-44
&YENC.1998
&YAMD.1998
"Evaluation of patient care"
IC 34-6-2-44 Sec. 44.(a) "Evaluation of patient care", for purposes
of IC 34-30-15, relates to:
(1) the accuracy of diagnosis;
(2) the propriety, appropriateness, quality, or necessity of care
rendered by a professional health care provider; and
(3) the reasonableness of the utilization of services, procedures,
and facilities in the treatment of individual patients.
(b) The term does not relate to charges for services or to methods
used in arriving at diagnoses.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-44.3 Version a
&YENC.2005
&YAMD.2005
"Event"
Note: This version of section added by P.L.116-2005, SEC.2. See
also following version of this section added by P.L.179-2005, SEC.3.
IC 34-6-2-44.3 Sec. 44.3. "Event", for purposes of section 3.3 of this
chapter and IC 34-30-22, means:
(1) a performance;
(2) a benefit;
(3) a fundraiser;
(4) an auction;
(5) a meal;
(6) a concert;
(7) a sporting event;
(8) a festival;
(9) a parade;
(10) a reception;
(11) a trade show;
(12) a convention;
(13) an educational program; or
(14) another occasion organized by or for a federally tax-exempt
organization.
&HST.As added by P.L.116-2005, SEC.2.&EHST.
&DNM.IC 34-6-2-44.3 Version b
&YENC.2005
&YAMD.2005
"Exempt"
Note: This version of section added by P.L.179-2005, SEC.3. See
also preceding version of this section added by P.L.116-2005, SEC.2.
IC 34-6-2-44.3 Sec. 44.3. "Exempt", for purposes of IC 34-55-10,
means protected from a judicial lien, process, or proceeding to collect
a debt.
&HST.As added by P.L.179-2005, SEC.3.&EHST.
&DNM.IC 34-6-2-44.4
&YENC.2005
&YAMD.2005
"Exemption"
IC 34-6-2-44.4 Sec. 44.4. "Exemption", for purposes of IC 34-55-10,
means protection from a judicial lien, process, or proceeding to collect
a debt.
&HST.As added by P.L.179-2005, SEC.4.&EHST.
&DNM.IC 34-6-2-44.5
&YENC.2001
&YAMD.2001
"Extreme sport area"
IC 34-6-2-44.5 Sec. 44.5. (a) "Extreme sport area", for purposes of
IC 34-13-3, means an indoor or outdoor ramp, course, or area
specifically designated for the exclusive recreational or sporting use of
one (1) or more types of extreme sport equipment.
(b) The term does not include property used at any time as a public
sidewalk, footpath, vehicle parking lot, multiple use trail, multiple use
greenway, or other public way.
&HST.As added by P.L.250-2001, SEC.2.&EHST.
&DNM.IC 34-6-2-44.6
&YENC.2001
&YAMD.2001
"Extreme sport equipment"
IC 34-6-2-44.6 Sec. 44.6. "Extreme sport equipment", for purposes
of section 44.5 of this chapter and IC 34-13-3, means any of the
following nonmotorized devices:
(1) Skateboards.
(2) Roller skates.
(3) Inline skates.
(4) Freestyle bicycles.
(5) Mountain bicycles.
(6) An apparatus that is:
(A) wheeled;
(B) recreational or sporting in nature;
(C) powered solely by the physical efforts of the user; and
(D) generally known, as the term is used in Rule 201 of the
Indiana Rules of Evidence, as an apparatus used for extreme
sport.
&HST.As added by P.L.250-2001, SEC.3.&EHST.
&DNM.IC 34-6-2-44.7
&YENC.2005
&YAMD.2005
"Family law arbitrator"
IC 34-6-2-44.7 Sec. 44.7. "Family law arbitrator", for purposes of IC
34-57-5, means:
(1) an attorney certified as a family law specialist in Indiana by an
independent certifying organization that is approved and
monitored under Rule 30 of the Rules for Admission to the Bar;
(2) a private judge qualified under Rule 1.3 of the Indiana
Supreme Court Rules for Alternative Dispute Resolution;
(3) an individual who is a former magistrate or commissioner of
an Indiana court of record; or
(4) an attorney who is a registered domestic relations mediator
under Rule 2.5(B) of the Indiana Supreme Court Rules for
Alternative Dispute Resolution.
&HST.As added by P.L.112-2005, SEC.1.&EHST.
&DNM.IC 34-6-2-44.8
&YENC.2002
&YAMD.2004
"Family or household member"
IC 34-6-2-44.8 Sec. 44.8. (a) An individual is a "family or
household member" of another person if the individual:
(1) is a current or former spouse of the other person;
(2) is dating or has dated the other person;
(3) is engaged or was engaged in a sexual relationship with the
other person;
(4) is related by blood or adoption to the other person;
(5) is or was related by marriage to the other person;
(6) has or previously had an established legal relationship:
(A) as a guardian of the other person;
(B) as a ward of the other person;
(C) as a custodian of the other person;
(D) as a foster parent of the other person; or
(E) in a capacity with respect to the other person similar to
those listed in clauses (A) through (D); or
(7) has a child in common with the other person.
(b) An individual is a "family or household member" of both
persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6),
or (a)(7) applies if the individual is a minor child of one (1) of the
persons.
&HST.As added by P.L.133-2002, SEC.42. Amended by P.L.97-2004,
SEC.113.&EHST.
&DNM.IC 34-6-2-45
&YENC.1998
&YAMD.1998
"Fault"
IC 34-6-2-45 Sec. 45. (a) "Fault", for purposes of IC 34-20, means
an act or omission that is negligent, willful, wanton, reckless, or
intentional toward the person or property of others. The term includes
the following:
(1) Unreasonable failure to avoid an injury or to mitigate
damages.
(2) A finding under IC 34-20-2 (or IC 33-1-1.5-3 before its
repeal) that a person is subject to liability for physical harm
caused by a product, notwithstanding the lack of negligence or
willful, wanton, or reckless conduct by the manufacturer or seller.
(b) "Fault", for purposes of IC 34-51-2, includes any act or omission
that is negligent, willful, wanton, reckless, or intentional toward the
person or property of others. The term also includes unreasonable
assumption of risk not constituting an enforceable express consent,
incurred risk, and unreasonable failure to avoid an injury or to mitigate
damages.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-46
&YENC.1998
&YAMD.1998
"Fees or other expenses"
IC 34-6-2-46 Sec. 46. "Fees or other expenses", for purposes of IC
34-52-2, include:
(1) the reasonable expenses of expert witnesses that are found by
a court under IC 34-52-2 to be necessary for the preparation of the
petitioner's case;
(2) the reasonable costs of any:
(A) study;
(B) analysis;
(C) engineering report; or
(D) test project;
that are found by a court under IC 34-52-2 to be necessary for the
preparation of the petitioner's case;
(3) any reasonable discovery expenses, that are found by a court
under IC 34-52-2 to be necessary for the preparation of the
petitioner's case; and
(4) reasonable attorney's fees.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-46.5
&YENC.2001
&YAMD.2001
"Fire control or protection equipment"
IC 34-6-2-46.5 Sec. 46.5. "Fire control or protection equipment", for
purposes of IC 34-30-10.5, includes vehicles, firefighting tools,
protective gear, breathing apparatuses, and other supplies, equipment,
and tools used in firefighting or emergency rescue.
&HST.As added by P.L.95-2001, SEC.1.&EHST.
&DNM.IC 34-6-2-46.7
&YENC.2004
&YAMD.2004
"Firearm"
IC 34-6-2-46.7 Sec. 46.7. "Firearm", for purposes of IC 34-30-20,
has the meaning set forth in IC 35-47-1-5.
&HST.As added by P.L.80-2004, SEC.1.&EHST.
&DNM.IC 34-6-2-47
&YENC.1998
&YAMD.1998
"Food item"
IC 34-6-2-47 Sec. 47. "Food item", for purposes of IC 34-30-5,
means any item that may be ingested as a normal part of the human
diet. The term includes food that was prepared for serving by a food
source (as defined in section 48 of this chapter) but not served by the
food source.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-48
&YENC.1998
&YAMD.1998
"Food source"
IC 34-6-2-48 Sec. 48. "Food source", for purposes of IC 34-30-5,
means any of the following:
(1) A restaurant.
(2) A cafeteria.
(3) A hospital.
(4) A hotel.
(5) A caterer.
(6) A public or private school, college, or university.
(7) A fraternal organization or veterans organization.
(8) Any other person that prepares and serves food to individuals
in the ordinary course of that person's business.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-48.3
&YENC.2003
&YAMD.2003
"Foreign judgment"
IC 34-6-2-48.3 Sec. 48.3. "Foreign judgment", for purposes of IC
34-54-11, means a judgment decree or order of a court:
(1) of the United States;
(2) of a state other than Indiana; or
(3) that is entitled to the full faith and credit of Indiana.
The term does not include a foreign protection order.
&HST.As added by P.L.40-2003, SEC.1.&EHST.
&DNM.IC 34-6-2-48.5
&YENC.2001
&YAMD.2002
"Foreign protection order"
IC 34-6-2-48.5 Sec. 48.5. "Foreign protection order", for purposes
of IC 34-26-5-17, means a protection order issued by a tribunal of:
(1) another state; or
(2) an Indian tribe;
regardless of whether the protection order was issued in an independent
proceeding or as part of another criminal or civil proceeding.
&HST.As added by P.L.280-2001, SEC.28. Amended by P.L.133-2002,
SEC.43.&EHST.
&DNM.IC 34-6-2-49
&YENC.1998
&YAMD.2002
"Governmental entity"
IC 34-6-2-49 Sec. 49. "Governmental entity", for purposes of
section 91 of this chapter, IC 34-13-2, IC 34-13-3, and IC 34-13-4,
means the state or a political subdivision of the state.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.250-2001,
SEC.4; P.L.280-2001, SEC.29; P.L.1-2002, SEC.143; P.L.133-2002,
SEC.44.&EHST.
&DNM.IC 34-6-2-50
&YENC.1998
&YAMD.1998
"Grant recipient"
IC 34-6-2-50 Sec. 50. "Grant recipient", for purposes of IC 34-57-3,
means a nonprofit corporation or an organization that administers a
community dispute resolution center under IC 34-57-3.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-51
&YENC.1998
&YAMD.1999
"Gratuitously renders emergency care"
IC 34-6-2-51 Sec. 51. (a) "Gratuitously renders emergency care", for
purposes of IC 34-30-12-1, means the giving of emergency care
(including the use of an automatic external defibrillator):
(1) that was volunteered without legal obligation on the part of the
person rendering the emergency care; and
(2) for which the person rendering the emergency care does not
expect remuneration.
(b) Emergency care may not be considered to be gratuitously
rendered emergency care solely because of the failure to send a bill for
the emergency care.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.1-1999,
SEC.67.&EHST.
&DNM.IC 34-6-2-52
&YENC.1998
&YAMD.1998
"Hazardous substance"
IC 34-6-2-52 Sec. 52. "Hazardous substance", for purposes of IC
34-30-6, means:
(1) a material or waste that has been determined to be hazardous
or potentially hazardous to any individual, to property, or to the
environment by the United States Environmental Protection
Agency, the federal Nuclear Regulatory Commission, the United
States Department of Transportation, the solid waste management
board, or the United States Occupational Safety and Health
Agency or any agent or designee of any of the above mentioned
boards, agencies, or commission; or
(2) any substance that may be potentially hazardous to any person,
to property or to the environment.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-53
&YENC.1998
&YAMD.1998
"Health care"
IC 34-6-2-53 Sec. 53. "Health care", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-13.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-54
&YENC.1998
&YAMD.2003
"Health care provider"
IC 34-6-2-54 Sec. 54. (a) "Health care provider", for purposes of IC
34-18, has the meaning set forth in IC 34-18-2-14.
(b) "Health care provider", for purposes of IC 34-30-12.5, has the
meaning set forth in IC 34-30-12.5-2.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.136-2003,
SEC.1.&EHST.
&DNM.IC 34-6-2-55
&YENC.1998
&YAMD.1998
"Health care services"
IC 34-6-2-55 Sec. 55. "Health care services", for purposes of IC
34-30-13, has the meaning set forth in IC 27-13-1-18(a).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-56
&YENC.1998
&YAMD.1998
"Health facility"
IC 34-6-2-56 Sec. 56. "Health facility", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-15.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-57
&YENC.1998
&YAMD.1998
"Hitchhiker"
IC 34-6-2-57 Sec. 57. "Hitchhiker", for purposes of IC 34-30-11,
means a passenger who has solicited a ride in violation of IC
9-21-17-16.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-58
&YENC.1998
&YAMD.1998
"Homeowners association"
IC 34-6-2-58 Sec. 58. "Homeowners association", for purposes of
section 127 of this chapter, means a corporation or other entity that:
(1) is organized and operated exclusively for the benefit of two (2)
or more persons who each own a dwelling in fee simple; and
(2) acts, in accordance with the articles, bylaws, and other
documents governing the entity, to:
(A) acquire, transfer, manage, repair, maintain, or engage in
construction on or in the land and improvements on the land
related to the use of the dwellings owned by the members of
the corporation;
(B) purchase insurance to cover a casualty or an activity on or
in the land and improvements on the land;
(C) engage in an activity incidental to an activity described in
clause (A) or (B); or
(D) engage in more than one (1) of the activities described in
clauses (A) through (C).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-59
&YENC.1998
&YAMD.1998
"Hospital"
IC 34-6-2-59 Sec. 59. "Hospital", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-16.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-60
&YENC.1998
&YAMD.2003
"Hospital medical record"
IC 34-6-2-60 Sec. 60. "Hospital medical record", for purposes of IC
34-43-1, means the hospital's clinical record maintained on each
hospital patient as provided in IC 16-18-2-168.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.255-2003,
SEC.54.&EHST.
&DNM.IC 34-6-2-61
&YENC.1998
&YAMD.1998
"Illegal drug"
IC 34-6-2-61 Sec. 61. "Illegal drug", for purposes of IC 34-24-4,
means a drug that is illegal to distribute under state law.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-62
&YENC.1998
&YAMD.1998
"Illegal drug market"
IC 34-6-2-62 Sec. 62. "Illegal drug market", for purposes of IC
34-24-4, means the support system of illegal drug related operations,
from production to retail sales, through which an illegal drug reaches
a drug user.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-63
&YENC.1998
&YAMD.1998
"Illegal drug market target community"
IC 34-6-2-63 Sec. 63. "Illegal drug market target community", for
purposes of IC 34-24-4, means the following areas where a person
participates in the illegal drug market:
(1) The county in which the person's place of participation is
located if the person violates a statute concerning possession or
dealing of an illegal drug that is punishable as a Class D felony.
(2) The county described in subdivision (1) plus all counties with
a border contiguous to the county if the person violates a statute
concerning possession or dealing of an illegal drug that is
punishable as a Class C felony.
(3) The counties described in subdivision (2) plus all counties
with a border contiguous to those counties if the person violates
a statute concerning possession or dealing of an illegal drug that
is punishable as a Class B felony.
(4) Indiana if the person violates a statute in Indiana concerning
possession or dealing of an illegal drug that is punishable as a
Class A felony.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-64
&YENC.1998
&YAMD.2001
"In good faith"
IC 34-6-2-64 Sec. 64. "In good faith", for purposes of IC 34-13-3
and IC 34-30-15, refers to an act taken:
(1) without malice;
(2) after a reasonable effort to obtain the facts of the matter; and
(3) in the reasonable belief that the action taken is warranted by
the facts known.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001,
SEC.30.&EHST.
&DNM.IC 34-6-2-65
&YENC.1998
&YAMD.1998
"Incapacitated"
IC 34-6-2-65 Sec. 65. "Incapacitated", for purposes of IC 34-13-3,
has the meaning set forth in IC 29-3-1-7.5.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-66
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-66.7
&YENC.2001
&YAMD.2002
"Indian tribe"
IC 34-6-2-66.7 Sec. 66.7. "Indian tribe", for purposes of sections
48.5, 71.7, and 121.6 of this chapter and IC 34-26-5-17, means an
Indian:
(1) tribe;
(2) band;
(3) pueblo;
(4) nation; or
(5) organized group or community, including an Alaska Native
village or regional or village corporation as defined in or
established under the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.);
that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their special status
as Indians.
&HST.As added by P.L.280-2001, SEC.31. Amended by P.L.133-2002,
SEC.45.&EHST.
&DNM.IC 34-6-2-67
&YENC.1998
&YAMD.1998
"Individual drug user"
IC 34-6-2-67 Sec. 67. "Individual drug user", for purposes of IC
34-24-4, means an individual whose illegal drug use is the basis of an
action brought under IC 34-24-4 (or IC 34-1-70 before its repeal).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-68
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-69
&YENC.1998
&YAMD.1998
"Inherent risks of equine activities"
IC 34-6-2-69 Sec. 69. "Inherent risks of equine activities", for
purposes of IC 34-31-5, means the dangers or conditions that are an
integral part of equine activities, including the following:
(1) The propensity of an equine to behave in ways that may result
in injury, harm, or death to persons on or around the equine.
(2) The unpredictability of an equine's reaction to such things as
sound, sudden movement, unfamiliar objects, people, or other
animals.
(3) Hazards such as surface and subsurface conditions.
(4) Collisions with other equines or objects.
(5) The potential of a participant to act in a negligent manner that
may contribute to injury to the participant or others, such as
failing to maintain control over the animal or not acting within the
participant's ability.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-70
&YENC.1998
&YAMD.1998
"Insured"
IC 34-6-2-70 Sec. 70. "Insured", for purposes of IC 34-53, means a
person insured by an insurer.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-71
&YENC.1998
&YAMD.1998
"Insurer"
IC 34-6-2-71 Sec. 71. (a) "Insurer", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-17.
(b) "Insurer", for purposes of IC 34-53, has the meaning set forth in
IC 27-1-2-3.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-71.3
&YENC.2001
&YAMD.2001
"Interested party"
IC 34-6-2-71.3 Sec. 71.3. "Interested party", for purposes of IC
34-50-2, has the meaning set forth in IC 34-50-2-1.
&HST.As added by P.L.219-2001, SEC.2.&EHST.
&DNM.IC 34-6-2-71.7
&YENC.2001
&YAMD.2002
"Issuing state or Indian tribe"
IC 34-6-2-71.7 Sec. 71.7. "Issuing state or Indian tribe", for
purposes of IC 34-26-5-17, means the state or Indian tribe whose
tribunal issues a protection order.
&HST.As added by P.L.280-2001, SEC.32. Amended by P.L.133-2002,
SEC.46.&EHST.
&DNM.IC 34-6-2-71.9
&YENC.2005
&YAMD.2005
"Judicial lien"
IC 34-6-2-71.9 Sec. 71.9. "Judicial lien", for purposes of sections
44.3, 44.4, and 73.7 of this chapter, means a lien on property obtained
by a judgment, levy, or another legal or equitable process or proceeding
instituted to collect a debt.
&HST.As added by P.L.179-2005, SEC.5.&EHST.
&DNM.IC 34-6-2-72
&YENC.1998
&YAMD.1998
"Law"
IC 34-6-2-72 Sec. 72. "Law", as for example "the law relating to
other civil actions", for purposes of IC 34-13-5, means the statutes,
including but not limited to IC 34-13-5 (and IC 34-4-17 before its
repeal), and any applicable rules of the Indiana supreme court on any
subject.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-73
&YENC.1998
&YAMD.1998
"Law enforcement costs"
IC 34-6-2-73 Sec. 73. "Law enforcement costs", for purposes of IC
34-24-1, means:
(1) expenses incurred by the law enforcement agency that makes
a seizure under IC 34-24-1 (or IC 34-4-30.1 before its repeal) for
the criminal investigation associated with the seizure;
(2) repayment of the investigative fund of the law enforcement
agency that makes a seizure under IC 34-24-1 to the extent that
the agency can specifically identify any part of the money as
having been expended from the fund; and
(3) expenses of the prosecuting attorney associated with the costs
of proceedings associated with the seizure and the offenses
related to the seizure.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-73.3
&YENC.2001
&YAMD.2002
"Law enforcement officer"
IC 34-6-2-73.3 Sec. 73.3. "Law enforcement officer", for purposes
of IC 34-26-5, has the meaning set forth in IC 35-41-1-17.
&HST.As added by P.L.280-2001, SEC.33. Amended by P.L.133-2002,
SEC.47.&EHST.
&DNM.IC 34-6-2-73.5
&YENC.2005
&YAMD.2005
"Levy"
IC 34-6-2-73.5 Sec. 73.5. "Levy", for purposes of section 71.9 of
this chapter and IC 34-55-10, means the seizure of property under a
writ of attachment, a garnishment, an execution, or a similar legal or
equitable process issued to collect a debt.
&HST.As added by P.L.179-2005, SEC.6.&EHST.
&DNM.IC 34-6-2-73.7
&YENC.2005
&YAMD.2005
"Lien"
IC 34-6-2-73.7 Sec. 73.7. "Lien", for purposes of section 71.9 of this
chapter and IC 34-55-10, means a security interest, judicial lien,
statutory lien, common law lien, or another interest in property to
secure the payment of a debt or the performance of an obligation.
&HST.As added by P.L.179-2005, SEC.7.&EHST.
&DNM.IC 34-6-2-74
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-75
&YENC.1998
&YAMD.1998
"Loss"
IC 34-6-2-75 Sec. 75. (a) "Loss", for purposes of IC 34-13-3, means
injury to or death of a person or damage to property.
(b) "Loss", for purposes of IC 34-30-6, means injury to or death of
a human being or damage to property or to the environment.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-76
&YENC.1998
&YAMD.1998
"Malpractice"
IC 34-6-2-76 Sec. 76. "Malpractice", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-18.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-77
&YENC.1998
&YAMD.1998
"Manufacturer"
IC 34-6-2-77 Sec. 77. (a) "Manufacturer", for purposes of IC 34-20,
means a person or an entity who designs, assembles, fabricates,
produces, constructs, or otherwise prepares a product or a component
part of a product before the sale of the product to a user or consumer.
"Manufacturer" includes a seller who:
(1) has actual knowledge of a defect in a product;
(2) creates and furnishes a manufacturer with specifications
relevant to the alleged defect for producing the product or who
otherwise exercises some significant control over all or a portion
of the manufacturing process;
(3) alters or modifies the product in any significant manner after
the product comes into the seller's possession and before it is sold
to the ultimate user or consumer;
(4) is owned in whole or significant part by the manufacturer; or
(5) owns in whole or significant part the manufacturer.
(b) A seller who discloses the name of the actual manufacturer of a
product is not a manufacturer under this section merely because the
seller places or has placed a private label on a product.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-78
&YENC.1998
&YAMD.1998
"Mediation"
IC 34-6-2-78 Sec. 78. "Mediation", for purposes of IC 34-57-3,
means a process where at least two (2) disputing parties choose to be
guided to a mutually agreeable solution with the aid of a mediator.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-79
&YENC.1998
&YAMD.1998
"Mediator"
IC 34-6-2-79 Sec. 79. "Mediator", for purposes of IC 34-57-3,
means a neutral and impartial person who assists in the resolution of a
dispute through the mediation process.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-80
&YENC.1998
&YAMD.2002
"Mental health service provider"
IC 34-6-2-80 Sec. 80. "Mental health service provider", for purposes
of IC 34-30-16, means any of the following:
(1) A physician licensed under IC 25-22.5.
(2) A hospital licensed under IC 16-21.
(3) A private institution licensed under IC 12-25.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(6) A university or college counseling center under the direction
of a licensed psychologist, physician, or mental health
professional.
(7) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(8) A clinical social worker licensed under IC 25-23.6-5-2.
(9) A partnership, a limited liability company, a corporation, or a
professional corporation (as defined in IC 23-1.5-1-10) whose
partners, members, or shareholders are mental health service
providers described in subdivisions (1) through (6).
(10) A community mental health center (as defined in IC
12-7-2-38).
(11) A program for the treatment, care, or rehabilitation of alcohol
abusers or drug abusers that is:
(A) certified under IC 12-23-1-6; or
(B) created and funded under IC 12-23-14 or IC 12-23-14.5.
(12) A state institution (as defined in IC 12-7-2-184).
(13) A managed care provider (as defined in IC 12-7-2-127(b)).
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.168-2002,
SEC.13.&EHST.
&DNM.IC 34-6-2-81
&YENC.1998
&YAMD.1998
"Midwife"
IC 34-6-2-81 Sec. 81. "Midwife", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-19.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-82
&YENC.1998
&YAMD.1998
"Migrant health center"
IC 34-6-2-82 Sec. 82. "Migrant health center", for purposes of IC
34-18, has the meaning set forth in IC 34-18-2-20.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-82.6
&YENC.2005
&YAMD.2005
"Military base"
IC 34-6-2-82.6 Sec. 82.6. "Military base", for purposes of IC
34-30-21, means a United States government military installation that:
(1) has an area of at least sixty thousand (60,000) acres; and
(2) is used for the design, construction, maintenance, and testing
of electronic devices and ordnance.
&HST.As added by P.L.5-2005, SEC.4.&EHST.
&DNM.IC 34-6-2-83
&YENC.1998
&YAMD.1998
"Minor"
IC 34-6-2-83 Sec. 83. "Minor", for purposes of IC 34-28-3, means
a person less than eighteen (18) years of age.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-84
&YENC.1998
&YAMD.1998
"Motor vehicle"
IC 34-6-2-84 Sec. 84. "Motor vehicle", for purposes of IC 34-40-4,
has the meaning set forth in IC 9-13-2-105(a).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-85
&YENC.1998
&YAMD.1998
"Moving traffic violation"
IC 34-6-2-85 Sec. 85. "Moving traffic violation", for purposes of IC
34-28-5, means a violation of:
(1) a statute defining an infraction; or
(2) an ordinance;
that applies when a motor vehicle is in motion.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-86
&YENC.1998
&YAMD.1998
"Municipal corporation"
IC 34-6-2-86 Sec. 86. "Municipal corporation", for purposes of IC
34-13-5, means:
(1) a:
(A) local subdivision of the state; or
(B) public instrumentality or public corporate body created by
state law;
including but not limited to cities, towns, townships, counties,
school corporations, special taxing districts, conservancy districts,
and any other local public instrumentality or corporation that has
the right to sue and be sued;
(2) a corporate or other entity that leases a public improvement to
a municipal corporation; or
(3) the governing body of a municipal corporation and its
members and officers in their official capacity.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-86.4
&YENC.
&YAMD.
Repealed
(Repealed by P.L.133-2002, SEC.69.)
&DNM.IC 34-6-2-87
&YENC.1998
&YAMD.1998
"News service"
IC 34-6-2-87 Sec. 87. "News service", for purposes of IC 34-15-4,
means an entity that is either a membership association or a corporation
with subscribers that:
(1) gathers and transmits news to its members or subscribers; and
(2) maintains an office in Indiana.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-88
&YENC.1998
&YAMD.1998
"Nonparty"
IC 34-6-2-88 Sec. 88. "Nonparty", for purposes of IC 34-51-2,
means a person who caused or contributed to cause the alleged injury,
death, or damage to property but who has not been joined in the action
as a defendant.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-88.3
&YENC.2005
&YAMD.2005
"Nonprofit religious organization"
IC 34-6-2-88.3 Sec. 88.3. "Nonprofit religious organization", for
purposes of IC 34-31-7, means an organization, a church, a body of
communicants, or a group organized primarily for religious purposes
and not for pecuniary profit that:
(1) operates:
(A) under Section 501 of the Internal Revenue Code or the
Section 501 nonprofit status of the parent organization of the
organization, church, body of communicants, or group; and
(B) has a constitution, a charter, an article, or a bylaw
containing a clause that provides that upon dissolution, all
remaining assets must:
(i) be used for nonprofit religious purposes; or
(ii) revert to the parent organization for nonprofit religious
purposes; or
(2) operates as a place of worship and is recognized as a nonprofit
organization by the Internal Revenue Service.
&HST.As added by P.L.149-2005, SEC.1.&EHST.
&DNM.IC 34-6-2-89
&YENC.1998
&YAMD.2004
"Offender"
IC 34-6-2-89 Sec. 89. (a) "Offender", for purposes of IC 34-13-3-7,
means a person who is committed to the department of correction or
was committed to the department of correction.
(b) "Offender", for purposes of IC 34-58, means a person who is
committed to the department of correction or incarcerated in a jail.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.80-2004,
SEC.2.&EHST.
&DNM.IC 34-6-2-90
&YENC.1998
&YAMD.1998
"Offeror"
IC 34-6-2-90 Sec. 90. "Offeror", for purposes of IC 34-50, means a
party to a civil action who makes a qualified settlement offer (as
defined in section 128 of this chapter) to a recipient (as defined in
section 129 of this chapter) who is an opposing party in the civil action.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-91
&YENC.1998
&YAMD.2001
"Operator"
IC 34-6-2-91 Sec. 91. (a) "Operator", for purposes of IC 34-30-3,
means a person who is an owner, a lessee, a tenant, or an occupant of
land or premises that are used in the production of agricultural
products.
(b) "Operator", for purposes of IC 34-31-6, means a person or an
entity, other than a governmental entity or an employee of a
governmental entity, that owns, manages, controls, directs, or has
operational responsibility for a roller skating rink.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.250-2001,
SEC.5.&EHST.
&DNM.IC 34-6-2-92
&YENC.1998
&YAMD.1998
"Paramedic"
IC 34-6-2-92 Sec. 92. "Paramedic", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-21.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-93
&YENC.1998
&YAMD.1998
"Parents"
IC 34-6-2-93 Sec. 93. (a) "Parents", for purposes of IC 34-28-3,
means:
(1) the child's birth mother and father who:
(A) is listed as the father on the birth certificate;
(B) is presumed by law under IC 31-14-7 to be the child's
father; or
(C) has established paternity with a court order;
(2) in the case of adoption, the adopting father and mother of a
child;
(3) where custody of a child has been awarded in a court
proceeding to someone other than the mother or father, the court
appointed guardian or custodian of the child;
(4) where the child's parents are divorced, the parent to whom the
divorce decree or modification awards physical custody or control
of the child; or
(5) if the child's parents are living apart, the parent to whom
physical custody or control of the child has been awarded by a
court order.
(b) The term does not include a natural or adopting parent who has
given written consent for the child to be adopted by another (if the
child has been adopted by another), nor does the term include a child's
parent who has lost custody of the child under subsection (a)(3), (a)(4),
or (a)(5).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-94
&YENC.1998
&YAMD.1998
"Partially emancipated minor"
IC 34-6-2-94 Sec. 94. "Partially emancipated minor", for purposes
of IC 34-28-3, means a minor who has been given certain limited
authority to contract under IC 34-28-3.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-95
&YENC.1998
&YAMD.1998
"Participant"
IC 34-6-2-95 Sec. 95. "Participant", for purposes of IC 34-31-5,
means a person, whether an amateur or a professional, who engages in
an equine activity, whether or not a fee is paid to participate in the
equine activity.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-96
&YENC.1998
&YAMD.1998
"Participate"
IC 34-6-2-96 Sec. 96. "Participate", for purposes of IC 34-28-3,
means any action a person takes:
(1) according to license or authority of the entity that sanctions a
professional automobile or motorcycle racing event; or
(2) by direction or authority of the race organizer of a sanctioned
event;
including participation as a driver, mechanic, pit crew member, or
unpaid volunteer in and around the pit and race track area.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-97
&YENC.1998
&YAMD.1998
"Participate in the illegal drug market"
IC 34-6-2-97 Sec. 97. (a) "Participate in the illegal drug market", for
purposes of IC 34-24-4, means to:
(1) distribute;
(2) possess with an intent to distribute;
(3) commit an act intended to facilitate the marketing or
distribution of; or
(4) agree to distribute;
an illegal drug.
(b) The term does not include the purchase or receipt of an illegal
drug for personal use only.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-98
&YENC.1998
&YAMD.1998
"Patient"
IC 34-6-2-98 Sec. 98. "Patient", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-22.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-99
&YENC.1998
&YAMD.1998
"Peer review committee"
IC 34-6-2-99 Sec. 99. (a) "Peer review committee", for purposes of
IC 34-30-15, means a committee that:
(1) has the responsibility of evaluation of:
(A) qualifications of professional health care providers;
(B) patient care rendered by professional health care
providers; or
(C) the merits of a complaint against a professional health care
provider that includes a determination or recommendation
concerning the complaint, and the complaint is based on the
competence or professional conduct of an individual health
care provider, whose competence or conduct affects or could
affect adversely the health or welfare of a patient or patients;
and
(2) meets the following criteria:
(A) The committee is organized:
(i) by a state, regional, or local organization of professional
health care providers or by a nonprofit foundation created by
the professional organization for purposes of improvement
of patient care;
(ii) by the professional staff of a hospital, another health care
facility, a nonprofit health care organization (under section
117(23) of this chapter), or a professional health care
organization;
(iii) by state or federal law or regulation;
(iv) by a governing board of a hospital, a nonprofit health
care organization (under section 117(23) of this chapter), or
professional health care organization;
(v) as a governing board or committee of the board of a
hospital, a nonprofit health care organization (under section
117(23) of this chapter), or professional health care
organization;
(vi) by an organization, a plan, or a program described in
section 117(16) through 117(17) of this chapter;
(vii) as a hospital or a nonprofit health care organization
(under section 117(23) of this chapter) medical staff or a
section of that staff; or
(viii) as a governing board or committee of the board of a
professional health care provider (as defined in section
117(16) through 117(17) of this chapter).
(B) At least fifty percent (50%) of the committee members are:
(i) individual professional health care providers, the
governing board of a hospital, the governing board of a
nonprofit health care organization (under section 117(23) of
this chapter), or professional health care organization, or the
governing board or a committee of the board of a
professional health care provider (as defined in section
117(16) through 117(17) of this chapter); or
(ii) individual professional health care providers and the
committee is organized as an interdisciplinary committee to
conduct evaluation of patient care services.
(b) However, "peer review committee" does not include a medical
review panel created under IC 34-18-10 (or IC 27-12-10 before its
repeal).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-100
&YENC.1998
&YAMD.1998
"Performance"
IC 34-6-2-100 Sec. 100. "Performance", for purposes of IC 34-30-4,
means the acts of a qualified director pertaining to the setting of policy
and the controlling or overseeing of the activities or functional
responsibilities of the entity served by the qualified director.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-101
&YENC.1998
&YAMD.1998
"Period of illegal drug use"
IC 34-6-2-101 Sec. 101. "Period of illegal drug use", for purposes
of IC 34-24-4, means the time:
(1) of an individual drug user's first use of an illegal drug to the
accrual of the cause of action under this chapter; and
(2) that is presumed to begin two (2) years before the cause of
action accrues unless a defendant in the action proves otherwise
by clear and convincing evidence.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-102
&YENC.1998
&YAMD.1998
"Periodic payments agreement"
IC 34-6-2-102 Sec. 102. "Periodic payments agreement", for
purposes of IC 34-18-14, has the meaning set forth in IC 34-18-14-2.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-103
&YENC.1998
&YAMD.2003
"Person"
IC 34-6-2-103 Sec. 103. (a) "Person", for purposes of IC 34-14, has
the meaning set forth in IC 34-14-1-13.
(b) "Person", for purposes of IC 34-24-4, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
foreign country.
(c) "Person", for purposes of section 44.8 of this chapter, means an
adult or a minor.
(d) "Person", for purposes of IC 34-26-4, has the meaning set forth
in IC 35-41-1-22.
(e) "Person", for purposes of IC 34-30-5, means any of the
following:
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in IC 34-6-2-140).
(6) A political subdivision (as defined in IC 34-6-2-110).
(7) Any other entity recognized by law.
(f) "Person", for purposes of IC 34-30-6, means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A) storing, transporting, or handling a hazardous substance or
compressed gas;
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(g) "Person", for purposes of IC 34-30-18, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the state of Indiana;
(4) a political subdivision (as defined in IC 36-1-2-13);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(h) "Person", for purposes of sections 42, 43, 69, and 95 of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
concert.
(i) "Person", for purposes of IC 34-30-10.5, means the following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
(5) After March 31, 2002, a corporation, a limited liability
company, a partnership, an unincorporated association, or any
other entity recognized by law.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.95-2001,
SEC.2; P.L.2-2002, SEC.89; P.L.133-2002, SEC.48; P.L.153-2002,
SEC.1; P.L.1-2003, SEC.89.&EHST.
&DNM.IC 34-6-2-104
&YENC.1998
&YAMD.1998
"Personnel of a peer review committee"
IC 34-6-2-104 Sec. 104. "Personnel of a peer review committee", for
purposes of IC 34-30-15, means not only members of the committee
but also all of the committee's employees, representatives, agents,
attorneys, investigators, assistants, clerks, staff, and any other person
or organization who serves a peer review committee in any capacity.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-105
&YENC.1998
&YAMD.1998
"Physical harm"
IC 34-6-2-105 Sec. 105. (a) "Physical harm", for purposes of IC
34-20, means bodily injury, death, loss of services, and rights arising
from any such injuries, as well as sudden, major damage to property.
(b) The term does not include gradually evolving damage to
property or economic losses from such damage.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-106
&YENC.1998
&YAMD.1998
"Physician"
IC 34-6-2-106 Sec. 106. "Physician", for purposes of IC 34-18, has
the meaning set forth in IC 34-18-2-23.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-107
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-108
&YENC.1998
&YAMD.1998
"Place of illegal drug activity"
IC 34-6-2-108 Sec. 108. "Place of illegal drug activity", for purposes
of IC 34-24-4, means each county in which:
(1) an individual drug user possesses or uses an illegal drug; or
(2) the individual drug user:
(A) resides;
(B) attends school; or
(C) is employed;
during the period of the individual drug user's illegal drug use;
unless a defendant in an action brought under IC 34-24-4 proves
otherwise by clear and convincing evidence.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-109
&YENC.1998
&YAMD.1998
"Place of participation"
IC 34-6-2-109 Sec. 109. "Place of participation", for purposes of IC
34-24-4, means each county in which:
(1) a person participates in the illegal drug market; or
(2) the person:
(A) resides;
(B) attends school; or
(C) is employed;
during the period of the person's participation in the illegal drug
market.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-110
&YENC.1998
&YAMD.1998
"Political subdivision"
IC 34-6-2-110 Sec. 110. "Political subdivision", for purposes of IC
34-13-3, means a:
(1) county;
(2) township;
(3) city;
(4) town;
(5) separate municipal corporation;
(6) special taxing district;
(7) state college or university;
(8) city or county hospital;
(9) school corporation;
(10) board or commission of one (1) of the entities listed in
subdivisions (1) through (9);
(11) drug enforcement task force operated jointly by political
subdivisions;
(12) community correctional service program organized under IC
12-12-1; or
(13) solid waste management district established under IC 13-21
or IC 13-9.5-2 (before its repeal).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-111
&YENC.1998
&YAMD.1998
"Position of the agency"
IC 34-6-2-111 Sec. 111. "Position of the agency", for purposes of IC
34-52-2, means the litigation stance taken by the state in a civil action
subject to IC 34-52-2.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-112
&YENC.1998
&YAMD.1998
"Practitioner"
IC 34-6-2-112 Sec. 112. "Practitioner", for purposes of IC 34-30-14,
means a person described in IC 16-42-19-5 who acts within the scope
of the practitioner's practice.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-113
&YENC.1998
&YAMD.1998
"Prejudgment interest"
IC 34-6-2-113 Sec. 113. "Prejudgment interest", for purposes of IC
34-51-4, means interest on the amount of a judgment that is computed
for a period preceding the date that the court returns a verdict or
finding in the proceeding.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-113.5
&YENC.1998
&YAMD.1998
"Prior civil law and procedure"
IC 34-6-2-113.5 Sec. 113.5. "Prior civil law and procedure", for
purposes of IC 34-7, refers to the statutes that are repealed or amended
in the recodification act of the 1998 regular session of the general
assembly as the statutes existed before the effective date of the
applicable or corresponding provision of the recodification act of the
1998 regular session of the general assembly.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-114
&YENC.1998
&YAMD.1998
"Product"
IC 34-6-2-114 Sec. 114. (a) "Product", for purposes of IC 34-20,
means any item or good that is personalty at the time it is conveyed by
the seller to another party.
(b) The term does not apply to a transaction that, by its nature,
involves wholly or predominantly the sale of a service rather than a
product.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-115
&YENC.1998
&YAMD.1998
"Product liability action"
IC 34-6-2-115 Sec. 115. "Product liability action", for purposes of
IC 34-20, means an action that is brought:
(1) against a manufacturer or seller of a product; and
(2) for or on account of physical harm;
regardless of the substantive legal theory or theories upon which the
action is brought.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-116
&YENC.1998
&YAMD.1998
"Professional health care organization"
IC 34-6-2-116 Sec. 116. "Professional health care organization", for
purposes of IC 34-30-15, refers to an organization described in section
117(14) of this chapter.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-117
&YENC.1998
&YAMD.2001
"Professional health care provider"
IC 34-6-2-117 Sec. 117. "Professional health care provider", for
purposes of IC 34-30-15, means:
(1) a physician licensed under IC 25-22.5;
(2) a dentist licensed under IC 25-14;
(3) a hospital licensed under IC 16-21;
(4) a podiatrist licensed under IC 25-29;
(5) a chiropractor licensed under IC 25-10;
(6) an optometrist licensed under IC 25-24;
(7) a psychologist licensed under IC 25-33;
(8) a pharmacist licensed under IC 25-26;
(9) a health facility licensed under IC 16-28-2;
(10) a registered or licensed practical nurse licensed under IC
25-23;
(11) a physical therapist licensed under IC 25-27;
(12) a home health agency licensed under IC 16-27-1;
(13) a community mental health center (as defined in IC
12-7-2-38);
(14) a health care organization whose members, shareholders, or
partners are:
(A) professional health care providers described in
subdivisions (1) through (13);
(B) professional corporations comprised of health care
professionals (as defined in IC 23-1.5-1-8); or
(C) professional health care providers described in
subdivisions (1) through (13) and professional corporations
comprised of persons described in subdivisions (1) through
(13);
(15) a private psychiatric hospital licensed under IC 12-25;
(16) a preferred provider organization (including a preferred
provider arrangement or reimbursement agreement under IC
27-8-11);
(17) a health maintenance organization (as defined in IC
27-13-1-19) or a limited service health maintenance organization
(as defined in IC 27-13-34-4);
(18) a respiratory care practitioner licensed under IC 25-34.5;
(19) an occupational therapist certified under IC 25-23.5;
(20) a state institution (as defined in IC 12-7-2-184);
(21) a clinical social worker who is licensed under IC
25-23.6-5-2;
(22) a managed care provider (as defined in IC 12-7-2-127(b));
(23) a nonprofit health care organization affiliated with a hospital
that is owned or operated by a religious order, whose members are
members of that religious order; or
(24) a nonprofit health care organization with one (1) or more
hospital affiliates.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.60-2000,
SEC.29; P.L.223-2001, SEC.11.&EHST.
&DNM.IC 34-6-2-118
&YENC.1998
&YAMD.1998
"Professional staff"
IC 34-6-2-118 Sec. 118. "Professional staff", for purposes of IC
34-30-15, means:
(1) all individual professional health care providers authorized to
provide health care in a hospital or other health care facility; or
(2) the multidisciplinary staff of a community mental health
center (as defined in IC 12-7-2-38).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-119
&YENC.1998
&YAMD.1998
"Program"
IC 34-6-2-119 Sec. 119. "Program", for purposes of IC 34-57-3,
refers to the community dispute resolution centers program established
under IC 34-57-3-2.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-120
&YENC.1998
&YAMD.1998
"Property"
IC 34-6-2-120 Sec. 120. (a) "Property", for purposes of IC 34-24-2,
has the meaning set forth in IC 35-41-1-23.
(b) "Property", for purposes of IC 34-30-9, includes the following:
(1) Real property.
(2) Private ways.
(3) Waters.
(4) A structure located on property listed in subdivisions (1)
through (3).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-121
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-121.4
&YENC.2001
&YAMD.2002
"Protected person"
IC 34-6-2-121.4 Sec. 121.4. "Protected person" means a petitioner
or a family or household member of the petitioner who is protected by
the terms of a civil protective order issued under IC 34-26-5.
&HST.As added by P.L.280-2001, SEC.35. Amended by P.L.133-2002,
SEC.49.&EHST.
&DNM.IC 34-6-2-121.6
&YENC.2001
&YAMD.2002
"Protection order" or "order for protection"
IC 34-6-2-121.6 Sec. 121.6. (a) "Protection order" or "order for
protection", for purposes of sections 48.5, 121.4, and 130.7 of this
chapter and IC 34-26-5, means an injunction or other order issued by
a tribunal of the issuing state or Indian tribe to prevent an individual
from:
(1) engaging in violent or threatening acts against;
(2) engaging in harassment of;
(3) engaging in contact or communication with; or
(4) being in physical proximity to;
another person, including temporary and final orders issued by civil
and criminal courts.
(b) The term does not include a support or child custody order
issued under the dissolution and child custody laws of a state or Indian
tribe, except to the extent that the order qualifies as a protection order
under subsection (a) and is entitled to full faith and credit under a
federal law other than 18 U.S.C. 2265.
(c) The term applies to an order regardless of whether the order is
obtained by filing an independent action or as a pendente lite order in
another proceeding if any civil order was issued in response to a
complaint, petition, or motion filed by or on behalf of a person seeking
protection.
&HST.As added by P.L.280-2001, SEC.36. Amended by P.L.133-2002,
SEC.50.&EHST.
&DNM.IC 34-6-2-122
&YENC.1998
&YAMD.1998
"Psychiatric hospital"
IC 34-6-2-122 Sec. 122. "Psychiatric hospital", for purposes of IC
34-18, has the meaning set forth in IC 34-18-2-24.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-123
&YENC.1998
&YAMD.2002
"Public employee"
IC 34-6-2-123 Sec. 123. "Public employee", for purposes of IC
34-13-2, IC 34-13-3, and IC 34-13-4, has the meaning set forth in
section 38 of this chapter.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001,
SEC.37; P.L.133-2002, SEC.51.&EHST.
&DNM.IC 34-6-2-124
&YENC.1998
&YAMD.1998
"Public lawsuit"
IC 34-6-2-124 Sec. 124. (a) "Public lawsuit", for purposes of IC
34-13-5, means:
(1) any action in which the validity, location, wisdom, feasibility,
extent, or character of construction, financing, or leasing of a
public improvement by a municipal corporation is questioned
directly or indirectly, including but not limited to suits for
declaratory judgments or injunctions to declare invalid or to
enjoin the construction, financing, or leasing; and
(2) any action to declare invalid or enjoin the creation,
organization, or formation of any municipal corporation.
(b) The definition of "public lawsuit", as used in IC 34-13-5, shall
not be construed to broaden any right of action as is validly limited by
applicable law.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-125
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-126
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-127
&YENC.1998
&YAMD.1998
"Qualified director"
IC 34-6-2-127 Sec. 127. "Qualified director", for purposes of IC
34-30-4, means any of the following individuals:
(1) An individual who serves without compensation for personal
services as a member of a board or commission of the state or a
political subdivision for the purpose of setting policy, controlling,
or otherwise overseeing the activities or functional
responsibilities of that board or commission.
(2) An individual who serves without compensation for personal
services as a director or an officer for the purpose of setting
policy, controlling, or otherwise overseeing the activities or
functional responsibilities of a nonprofit corporation operating
under IC 12-29, except IC 12-29-3-6 or an agency providing
services under IC 12-12-3, or a nonprofit corporation that has one
(1) of the following purposes:
(A) Religion.
(B) Charity.
(C) Benevolence.
(D) Providing goods or services at no charge to the general
public.
(E) Education.
(F) Scientific activity.
(G) Developing or providing hospital services.
(H) Medical research.
(I) Developing or providing ambulance services or emergency
medical treatment services.
(3) An individual who serves without compensation for personal
services as a director for the purpose of setting policy, controlling,
or otherwise overseeing the activities or functional
responsibilities of an organization that acts as an advocate for its
members and that has as its members individuals or organizations
that are:
(A) members of a particular trade or industry; or
(B) members of the business community of a particular
municipality or area of the state.
(4) An individual who serves without compensation for personal
services as a director of a national, regional, or local fraternity or
sorority that is connected with, and under the supervision of, a
college, university, or other educational institution located within
Indiana.
(5) An individual who serves the purpose of setting policy,
controlling, or otherwise overseeing the activities or functional
responsibilities of a homeowners association (as defined in
section 58 of this chapter).
(6) An individual who serves without compensation for personal
services as a director for the purpose of setting policy, controlling,
or otherwise overseeing the activities or functional
responsibilities of the Special Olympics or the Pan American
Games.
"Compensation", for purposes of this section, has the meaning set forth
in section 28(a) of this chapter.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-128
&YENC.1998
&YAMD.1998
"Qualified settlement offer"
IC 34-6-2-128 Sec. 128. "Qualified settlement offer", for purposes
of IC 34-50, means an offer of full and final settlement to resolve all
claims and defenses at issue between the offeror (as defined in section
90 of this chapter) and the recipient (as defined in section 129 of this
chapter).
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-129
&YENC.1998
&YAMD.1998
"Recipient"
IC 34-6-2-129 Sec. 129. "Recipient", for purposes of IC 34-50,
means a party to a civil action who receives a qualified settlement offer
(as defined in section 128 of this chapter) from an offeror (as defined
in section 90 of this chapter) who is an opposing party in the civil
action.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-130
&YENC.1998
&YAMD.1998
"Representative"
IC 34-6-2-130 Sec. 130. "Representative", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-25.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-130.7
&YENC.2001
&YAMD.2003
"Respondent"
IC 34-6-2-130.7 Sec. 130.7. "Respondent", for purposes of IC
34-26-5, means the individual against whom the enforcement of a
protection order is sought.
&HST.As added by P.L.280-2001, SEC.38. Amended by P.L.133-2002,
SEC.52; P.L.1-2003, SEC.90.&EHST.
&DNM.IC 34-6-2-131
&YENC.1998
&YAMD.1998
"Retirement plan"
IC 34-6-2-131 Sec. 131. "Retirement plan", for purposes of IC
34-55-10, includes:
(1) a stock bonus, a pension, a profit sharing, an annuity, or a
similar plan or arrangement, including a retirement plan for
self-employed individuals or a simplified employee pension plan;
(2) a government or church retirement plan or contract; or
(3) an individual retirement annuity or individual retirement
account;
that is intended in good faith to qualify as a retirement plan under
applicable provisions of the Internal Revenue Code of 1986, as
amended.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-132
&YENC.1998
&YAMD.1998
"Risk"
IC 34-6-2-132 Sec. 132. "Risk", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-26.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-133
&YENC.1998
&YAMD.1998
"Risk manager"
IC 34-6-2-133 Sec. 133. "Risk manager", for purposes of IC 34-18,
has the meaning set forth in IC 34-18-2-27.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-134
&YENC.1998
&YAMD.1998
"Roller skater"
IC 34-6-2-134 Sec. 134. "Roller skater", for purposes of IC 34-31-6,
means a person, including an invitee, who wears roller skates while in
a roller skating rink for the purpose of recreational or competitive roller
skating, whether or not the person pays consideration for entrance to
the roller skating rink.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-135
&YENC.1998
&YAMD.1998
"Roller skating rink"
IC 34-6-2-135 Sec. 135. "Roller skating rink", for purposes of IC
34-31-6, means a building, facility, or other property where an area
specifically designed for use by the public for recreational or
competitive roller skating is present.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-135.5
&YENC.2005
&YAMD.2005
"Security interest"
IC 34-6-2-135.5 Sec. 135.5. "Security interest", for purposes of
section 73.7 of this chapter, means an interest in property created by a
contract to secure the payment of a debt or the performance of an
obligation.
&HST.As added by P.L.179-2005, SEC.8.&EHST.
&DNM.IC 34-6-2-136
&YENC.1998
&YAMD.1998
"Seller"
IC 34-6-2-136 Sec. 136. "Seller", for purposes of IC 34-20, means
a person engaged in the business of selling or leasing a product for
resale, use, or consumption.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-137
&YENC.1998
&YAMD.1998
"Session of the general assembly"
IC 34-6-2-137 Sec. 137. "Session of the general assembly", for
purposes of IC 34-13-1-6, does not include a regular technical session.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-138
&YENC.1998
&YAMD.2002
"Sheriff"
IC 34-6-2-138 Sec. 138. "Sheriff", for purposes of IC 34-47-4,
means the sheriff of the county in which a court issues a writ of
attachment under IC 34-47-4 (or IC 34-4-9 before its repeal).
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001,
SEC.39; P.L.133-2002, SEC.53.&EHST.
&DNM.IC 34-6-2-139
&YENC.1998
&YAMD.1998
"Sports or leisure activity"
IC 34-6-2-139 Sec. 139. "Sports or leisure activity", for purposes of
IC 34-30-19, means:
(1) an athletic or sports competition, exhibition, or event; and
(2) an activity conducted for a recreational purpose.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-140
&YENC.1998
&YAMD.2002
"State"
IC 34-6-2-140 Sec. 140. "State":
(1) for purposes of IC 34-13-3, means Indiana and its state
agencies; and
(2) for purposes of sections 48.5 and 71.7 of this chapter and IC
34-26-5, has the meaning set forth in IC 1-1-4-5.
&HST.As added by P.L.1-1998, SEC.1. Amended by P.L.280-2001,
SEC.40; P.L.133-2002, SEC.54.&EHST.
&DNM.IC 34-6-2-141
&YENC.1998
&YAMD.1998
"State agency"
IC 34-6-2-141 Sec. 141. "State agency", for purposes of IC 34-13-3,
means:
(1) a board;
(2) a commission;
(3) a department;
(4) a division;
(5) a governmental subdivision, including a soil and water
conservation district;
(6) a bureau;
(7) a committee;
(8) an authority;
(9) a military body; or
(10) other instrumentality;
of the state. However, the term does not include a political subdivision.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-142
&YENC.1998
&YAMD.1998
"Stepchild"
IC 34-6-2-142 Sec. 142. "Stepchild", for purposes of IC 34-30-11,
includes a stepchild of any age.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-142.3
&YENC.2001
&YAMD.2001
"Structured settlement"
IC 34-6-2-142.3 Sec. 142.3. "Structured settlement", for purposes
of IC 34-50-2, has the meaning set forth in IC 34-50-2-2.
&HST.As added by P.L.219-2001, SEC.3.&EHST.
&DNM.IC 34-6-2-142.6
&YENC.2005
&YAMD.2005
"Telecommunications"
IC 34-6-2-142.6 Sec. 142.6. "Telecommunications", for purposes of
IC 34-30-21, means the transmission of any document, picture, datum,
sound, or other symbol by television, radio, microwave, optical, or
other electromagnetic signal.
&HST.As added by P.L.5-2005, SEC.5.&EHST.
&DNM.IC 34-6-2-143
&YENC.1998
&YAMD.1998
"Tort"
IC 34-6-2-143 Sec. 143. "Tort", for purposes of IC 34-18, has the
meaning set forth in IC 34-18-2-28.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-143.5
&YENC.2001
&YAMD.2001
"Transfer"
IC 34-6-2-143.5 Sec. 143.5. "Transfer", for purposes of IC 34-50-2,
has the meaning set forth in IC 34-50-2-3.
&HST.As added by P.L.219-2001, SEC.4.&EHST.
&DNM.IC 34-6-2-143.7
&YENC.2001
&YAMD.2001
"Transferee"
IC 34-6-2-143.7 Sec. 143.7. "Transferee", for purposes of IC
34-50-2, has the meaning set forth in IC 34-50-2-4.
&HST.As added by P.L.219-2001, SEC.5.&EHST.
&DNM.IC 34-6-2-144
&YENC.1998
&YAMD.1998
"Trial"
IC 34-6-2-144 Sec. 144. "Trial", for purposes of IC 34-35-5,
includes the impaneling of the jury, the actual trial, or other evidentiary
hearing where witnesses are sworn and testify, hearings on motions for
summary judgment, and entries of final disposition of a cause of action.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-144.2
&YENC.2001
&YAMD.2002
"Tribunal"
IC 34-6-2-144.2 Sec. 144.2. "Tribunal", for purposes of sections
48.5 and 121.6 of this chapter and IC 34-26-5, means a court, an
agency, or another entity authorized by law to issue or modify a
protection order.
&HST.As added by P.L.280-2001, SEC.41. Amended by P.L.133-2002,
SEC.55.&EHST.
&DNM.IC 34-6-2-145
&YENC.1998
&YAMD.1998
"Unit"
IC 34-6-2-145 Sec. 145. "Unit", for purposes of IC 34-24-1 and IC
34-24-2, has the meaning specified in IC 36-1-2-23.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-146
&YENC.1998
&YAMD.1998
"Unreasonably dangerous"
IC 34-6-2-146 Sec. 146. "Unreasonably dangerous", for purposes of
IC 34-20, refers to any situation in which the use of a product exposes
the user or consumer to a risk of physical harm to an extent beyond that
contemplated by the ordinary consumer who purchases the product
with the ordinary knowledge about the product's characteristics
common to the community of consumers.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-147
&YENC.1998
&YAMD.1998
"User"
IC 34-6-2-147 Sec. 147. "User", for purposes of IC 34-20, has the
same meaning as the term "consumer", which is set forth in section 29
of this chapter.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-148
&YENC.1998
&YAMD.1998
"Vehicle"
IC 34-6-2-148 Sec. 148. "Vehicle", for purposes of IC 34-24-3, has
the meaning set forth in IC 35-41-1-28.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-149
&YENC.
&YAMD.
Repealed
(Repealed by P.L.2-2002, SEC.128.)
&DNM.IC 34-6-2-150
&YENC.1998
&YAMD.1998
"Volunteer"
IC 34-6-2-150 Sec. 150. "Volunteer", for purposes of IC 34-30-19,
means an individual who, without compensation, engages in or
provides other personal services for a sports or leisure activity such as
baseball, basketball, football, soccer, hockey, volleyball, cheerleading,
or other similar sports or leisure activities involving children who are
less than sixteen (16) years of age.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
&DNM.IC 34-6-2-151
&YENC.1998
&YAMD.1998
"Weekly newspaper"
IC 34-6-2-151 Sec. 151. "Weekly newspaper", for purposes of IC
35-15-4, means a newspaper that publishes one (1), two (2), three (3),
or four (4) issues each week.
&HST.As added by P.L.1-1998, SEC.1.&EHST.
Last modified: May 24, 2006