Indiana Code

Ind. Code § 16-41-16-4 (2026)

"Infectious waste"

✓ current as of May 2026

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Sec. 4. (a) Except as provided in subsections (c) and (d), as used in this chapter, "infectious waste" means waste that epidemiologic evidence indicates is capable of transmitting a serious communicable disease (as set forth in the list published under IC 16-41-2-1).

(b) The term includes the following:

(1) Pathological wastes.

(2) Biological cultures and associated biologicals.

(3) Contaminated sharps.

(4) Infectious agent stock and associated biologicals.

(5) Blood and blood products in liquid or semiliquid form.

(6) Laboratory animal carcasses, body parts, and bedding.

(7) Wastes (as described under section 8 of this chapter).

(1) home health agency; or

(2) hospice service delivered in the home of a hospice patient;

includes only contaminated sharps.

(d) The term does not include an aborted fetus or a miscarried fetus.

[Pre-1993 Recodification Citation: 16-1-9.7-3.]

As added by P.L.2-1993, SEC.24. Amended by P.L.146-1996, SEC.6; P.L.213-2016, SEC.24; P.L.218-2019, SEC.9; P.L.112-2020, SEC.52.

Notes of Decisions

Cited in 7 cases, 1996–2019 · leading case: Box v. Planned Parenthood of Indiana & Kentucky, Inc., 139 S. Ct. 1780 (2019).

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Box v. Planned Parenthood of Indiana & Kentucky, Inc., 139 S. Ct. 1780 (2019). “Ind. Code § 16-41-16-4 (d) (2019) ; see §§ 16-41-16-2, 16-41-16-4, 16-41-16-5 ; Ind.”

Planned Parenthood Ind. & Ky., Inc. v. Comm'r of the Ind. State Dep't of Health, 888 F.3d 300 (7th Cir. 2018). “Infectious waste includes pathological waste, Ind. Code § 16-41-16-4 (b)(1), and pathological waste is defined as "(1) tissue; (2) organs; (3) body parts; and (4) blood or body fluids in liquid or semiliquid form; that are removed during surgery, biopsy, or autopsy.”

Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, Indiana State Dep't of Health, 265 F. Supp. 3d 859 (S.D. Ind. 2017). · cites it 2× “Infectious waste includes pathological waste, Ind. Code § 16-41-16-4 (b), and it can be destroyed through various procedures including incineration, Ind.”

Planned Parenthood of Indiana & Kentucky, Inc. v. Comm'r, 194 F. Supp. 3d 818 (S.D. Ind. 2016). · cites it 2× “” Ind. Code § 16-41-16-4 (d). This means that if a healthcare provider elects to use cremation rather than interment, the cremation.”

Med. Disposal Servs., Inc. v. Indiana Dep't of Env't Mgmt., 669 N.E.2d 1054 (Ind. Ct. App. 1996). “Cope § 16-41-16-4 (1993) states: (a) As used in this chapter, "infectious waste" means waste that epidemiologic evidence indicates is capable of transmitting a dangerous communicable disease (as defined by rule adopted under IC 16-41-2-1).”

Trs. of Ind. Univ. v. Prosecutor of Marion Cnty. Ind., 289 F. Supp. 3d 905 (S.D. Ind. 2018). · cites it 2× “, Ind. Code §§ 16-41-16-4 , 16-41-16-5, 16-41-16-7.”

Planned Parenthood of Indiana v. Comm'r of the Indiana St (7th Cir. 2018). “Infectious waste includes pathological waste, Ind. Code § 16-41-16-4 (b)(1), and pathological waste is defined as “(1) tissue; (2) organs; (3) body parts; and (4) blood or body fluids in liquid or semiliquid form; that are removed during surgery, biopsy, or autopsy.”

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