CHAPTER 7. COMMUNICABLE DISEASE: DUTY OR AUTHORITY TO WARN OR NOTIFY
IC 16-41-7
Chapter 7. Communicable Disease: Duty or Authority to Warn or
Notify
IC 16-41-7-1
Carriers' duty to warn persons at risk
Sec. 1. (a) This section applies to the following dangerous
communicable diseases:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Human immunodeficiency virus (HIV).
(3) Hepatitis B.
(b) As used in this section, "high risk activity" means sexual or
needle sharing contact that has been demonstrated epidemiologically
to transmit a dangerous communicable disease described in
subsection (a).
(c) As used in this section, "person at risk" means:
(1) past and present sexual or needle sharing partners who may
have engaged in high risk activity; or
(2) sexual or needle sharing partners before engaging in high
risk activity;
with the carrier of a dangerous communicable disease described in
subsection (a).
(d) Carriers who know of their status as a carrier of a dangerous
communicable disease described in subsection (a) have a duty to
warn or cause to be warned by a third party a person at risk of the
following:
(1) The carrier's disease status.
(2) The need to seek health care such as counseling and testing.
As added by P.L.2-1993, SEC.24.
IC 16-41-7-2
Reporting of persons posing serious and present danger or being
at risk
Sec. 2. (a) A carrier is a "serious and present danger to the health
of others" under the following conditions:
(1) The carrier engages repeatedly in a behavior that has been
demonstrated epidemiologically (as defined by rules adopted by
the state department under IC 4-22-2) to transmit a dangerous
communicable disease or that indicates a careless disregard for
the transmission of the disease to others.
(2) The carrier's past behavior or statements indicate an
imminent danger that the carrier will engage in behavior that
transmits a dangerous communicable disease to others.
(3) The carrier has failed or refused to carry out the carrier's
duty to warn under section 1 of this chapter.
(b) A person who has reasonable cause to believe that a person:
(1) is a serious and present danger to the health of others as
described in subsection (a);
(2) has engaged in noncompliant behavior; or
(3) is suspected of being a person at risk (as described in section
1 of this chapter);
may report that information to a health officer.
(c) A person who makes a report under subsection (b) in good
faith is not subject to liability in a civil, an administrative, a
disciplinary, or a criminal action.
(d) A person who knowingly or recklessly makes a false report
under subsection (b) is civilly liable for actual damages suffered by
a person reported on and for punitive damages.
As added by P.L.2-1993, SEC.24.
IC 16-41-7-3
Notification by physician
Sec. 3. (a) A licensed physician who diagnoses, treats, or counsels
a patient with a dangerous communicable disease shall inform the
patient of the patient's duty under section 1 of this chapter.
(b) A physician described in subsection (a) may notify the
following:
(1) A health officer if the physician has reasonable cause to
believe that a patient:
(A) is a serious and present danger to the health of others as
described in section 2(a) of this chapter;
(B) has engaged in noncompliant behavior; or
(C) is suspected of being a person at risk (as defined in
section 1 of this chapter).
(2) A person at risk (as defined in section 1 of this chapter) or
a person legally responsible for the patient if the physician:
(A) has medical verification that the patient is a carrier;
(B) knows the identity of the person at risk;
(C) has a reasonable belief of a significant risk of harm to
the identified person at risk;
(D) has reason to believe the identified person at risk has not
been informed and will not be informed of the risk by the
patient or another person; and
(E) has made reasonable efforts to inform the carrier of the
physician's intent to make or cause the state department of
health to make a disclosure to the person at risk.
(c) A physician who notifies a person at risk under this section
shall do the following:
(1) Identify the dangerous communicable disease.
(2) Inform the person of available health care measures such as
counseling and testing.
(d) A physician who in good faith provides notification under this
section is not subject to liability in a civil, an administrative, a
disciplinary, or a criminal action.
(e) A patient's privilege with respect to a physician under
IC 34-46-3-1 is waived regarding:
(1) notification under subsection (b); and
(2) information provided about a patient's noncompliant
behavior in an investigation or action under this chapter,
IC 16-41-2, IC 16-41-3, IC 16-41-5, IC 16-41-6, IC 16-41-8,
IC 16-41-9, IC 16-41-13, IC 16-41-14, and IC 16-41-16.
(f) A physician's immunity from liability under subsection (d)
applies only to the provision of information reasonably calculated to
protect an identified person who is at epidemiological risk of
infection.
(g) A physician who notifies a person under this section is also
required to satisfy the reporting requirements under IC 16-41-2-2
through IC 16-41-2-8.
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.122.
IC 16-41-7-4
Investigation of carriers; notification of persons at risk
Sec. 4. (a) As used in this section, "person at risk" means an
individual who in the best judgment of a licensed physician:
(1) has engaged in high risk activity (as defined in section 1 of
this chapter); or
(2) is in imminent danger of engaging in high risk activity (as
defined in section 1 of this chapter).
(b) If a health officer is notified in writing by a physician under
section 3(b)(1)(A) of this chapter of a patient:
(1) for whom the physician has medical verification that the
patient is a carrier; and
(2) who, in the best judgment of the physician, is a serious and
present danger to the health of others;
the health officer shall make an investigation of the carrier as
authorized in IC 16-41-5-2 to determine whether the environmental
conditions surrounding the carrier or the conduct of the carrier
requires the intervention by the health officer or designated health
official to prevent the spread of disease to others.
(c) If the state department is requested in writing by a physician
who has complied with the requirements of section 3(b)(2) of this
chapter to notify a person at risk, the state department shall notify the
person at risk unless, in the opinion of the state department, the
person at risk:
(1) has already been notified;
(2) will be notified; or
(3) will otherwise be made aware that the person is a person at
risk.
(d) The state department shall establish a confidential registry of
all persons submitting written requests under subsection (c).
(e) The state department shall adopt rules under IC 4-22-2 to
implement this section. Local health officers may submit advisory
guidelines to the state department to implement this chapter,
IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. The
state department shall fully consider such advisory guidelines before
adopting a rule under IC 4-22-2-29 implementing this chapter,
IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9.
As added by P.L.2-1993, SEC.24.
IC 16-41-7-5
Violations
Sec. 5. (a) Except as provided in IC 35-42-1-9, a person who
recklessly violates or fails to comply with this chapter commits a
Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1999, SEC.47.