CHAPTER 9. COMMUNICABLE DISEASE: IMPOSITION OF RESTRICTIONS ON INDIVIDUALS WITH CERTAIN COMMUNICABLE OR DANGEROUS COMMUNICABLE DISEASES
IC 16-41-9
Chapter 9. Communicable Disease: Imposition of Restrictions on
Individuals With Certain Communicable or Dangerous
Communicable Diseases
IC 16-41-9-1
Repealed
(Repealed by P.L.138-2006, SEC.14.)
IC 16-41-9-1.5
Isolation; quarantine; notice; hearing; orders; renewal; crime;
rules
Sec. 1.5. (a) If a public health authority has reason to believe that:
(1) an individual:
(A) has been infected with; or
(B) has been exposed to;
a dangerous communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an
uninfected individual if the individual is not restricted in the
individual's ability to come into contact with an uninfected
individual;
the public health authority may petition a circuit or superior court for
an order imposing isolation or quarantine on the individual. A
petition for isolation or quarantine filed under this subsection must
be verified and include a brief description of the facts supporting the
public health authority's belief that isolation or quarantine should be
imposed on an individual, including a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(b) Except as provided in subsections (e) and (k), an individual
described in subsection (a) is entitled to notice and an opportunity to
be heard, in person or by counsel, before a court issues an order
imposing isolation or quarantine. A court may restrict an individual's
right to appear in person if the court finds that the individual's
personal appearance is likely to expose an uninfected person to a
dangerous communicable disease or outbreak.
(c) If an individual is restricted from appearing in person under
subsection (b), the court shall hold the hearing in a manner that
allows all parties to fully and safely participate in the proceedings
under the circumstances.
(d) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an
uninfected individual if the individual is not restricted in the
individual's ability to come into contact with an uninfected
individual;
the court may issue an order imposing isolation or quarantine on the
individual. The court shall establish the conditions of isolation or
quarantine, including the duration of isolation or quarantine. The
court shall impose the least restrictive conditions of isolation or
quarantine that are consistent with the protection of the public.
(e) If the public health authority has reason to believe that an
individual described in subsection (a) is likely to expose an
uninfected individual to a dangerous communicable disease or
outbreak before the individual can be provided with notice and an
opportunity to be heard, the public health authority may seek in a
circuit or superior court an emergency order of quarantine or
isolation by filing a verified petition for emergency quarantine or
isolation. The verified petition must include a brief description of the
facts supporting the public health authority's belief that:
(1) isolation or quarantine should be imposed on an individual;
and
(2) the individual may expose an uninfected individual to a
dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to be
heard.
The verified petition must include a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(f) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak;
(2) the individual is likely to cause the infection of an
uninfected individual if the individual is not restricted in the
individual's ability to come into contact with an uninfected
individual; and
(3) the individual may expose an uninfected individual to a
dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to be
heard;
the court may issue an emergency order imposing isolation or
quarantine on the individual. The court shall establish the duration
and other conditions of isolation or quarantine. The court shall
impose the least restrictive conditions of isolation or quarantine that
are consistent with the protection of the public.
(g) A court may issue an emergency order of isolation or
quarantine without the verified petition required under subsection (e)
if the court receives sworn testimony of the same facts required in
the verified petition:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission (fax); or
(4) through other electronic means approved by the court.
If the court agrees to issue an emergency order of isolation or
quarantine based upon information received under subdivision (2),
the court shall direct the public health authority to sign the judge's
name and to write the time and date of issuance on the proposed
emergency order. If the court agrees to issue an emergency order of
isolation or quarantine based upon information received under
subdivision (3), the court shall direct the public health authority to
transmit a proposed emergency order to the court, which the court
shall sign, add the date of issuance, and transmit back to the public
health authority. A court may modify the conditions of a proposed
emergency order.
(h) If an emergency order of isolation or quarantine is issued
under subsection (g)(2), the court shall record the conversation on
audiotape and order the court reporter to type or transcribe the
recording for entry in the record. The court shall certify the
audiotape, the transcription, and the order retained by the judge for
entry in the record.
(i) If an emergency order of isolation or quarantine is issued under
subsection (g)(3), the court shall order the court reporter to retype or
copy the facsimile transmission for entry in the record. The court
shall certify the transcription or copy and order retained by the judge
for entry in the record.
(j) The clerk shall notify the public health authority who received
an emergency order under subsection (g)(2) or (g)(3) when the
transcription or copy required under this section is entered in the
record. The public health authority shall sign the typed, transcribed,
or copied entry upon receiving notice from the court reporter.
(k) The public health authority may issue an immediate order
imposing isolation or quarantine on an individual if exigent
circumstances, including the number of affected individuals, exist
that make it impracticable for the public health authority to seek an
order from a court, and obtaining the individual's voluntary
compliance is or has proven impracticable or ineffective. An
immediate order of isolation or quarantine expires after seventy-two
(72) hours, excluding Saturdays, Sundays, and legal holidays, unless
renewed in accordance with subsection (l). The public health
authority shall establish the other conditions of isolation or
quarantine. The public health authority shall impose the least
restrictive conditions of isolation or quarantine that are consistent
with the protection of the public. If the immediate order applies to a
group of individuals and it is impracticable to provide individual
notice, the public health authority shall post a copy of the order
where it is likely to be seen by individuals subject to the order.
(l) The public health authority may seek to renew an order of
isolation or quarantine or an immediate order of isolation or
quarantine issued under this section by doing the following:
(1) By filing a petition to renew the emergency order of
isolation or quarantine or the immediate order of isolation or
quarantine with:
(A) the court that granted the emergency order of isolation
or quarantine; or
(B) a circuit or superior court, in the case of an immediate
order.
The petition for renewal must include a brief description of the
facts supporting the public health authority's belief that the
individual who is the subject of the petition should remain in
isolation or quarantine and a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the
petition.
(2) By providing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate
order of isolation or quarantine with a copy of the petition and
notice of the hearing at least twenty-four (24) hours before the
time of the hearing.
(3) By informing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate
order of isolation or quarantine that the individual has the right
to:
(A) appear, unless the court finds that the individual's
personal appearance may expose an uninfected person to a
dangerous communicable disease or outbreak;
(B) cross-examine witnesses; and
(C) counsel, including court appointed counsel in
accordance with subsection (c).
(4) If:
(A) the petition applies to a group of individuals; and
(B) it is impracticable to provide individual notice;
by posting the petition in a conspicuous location on the
isolation or quarantine premises.
(m) If the public health authority proves by clear and convincing
evidence at a hearing under subsection (l) that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an
uninfected individual if the individual is not restricted in the
individual's ability to come into contact with an uninfected
individual;
the court may renew the existing order of isolation or quarantine or
issue a new order imposing isolation or quarantine on the individual.
The court shall establish the conditions of isolation or quarantine,
including the duration of isolation or quarantine. The court shall
impose the least restrictive conditions of isolation or quarantine that
are consistent with the protection of the public.
(n) Unless otherwise provided by law, a petition for isolation or
quarantine, or a petition to renew an immediate order for isolation or
quarantine, may be filed in a circuit or superior court in any county.
Preferred venue for a petition described in this subsection is:
(1) the county or counties (if the area of isolation or quarantine
includes more than one (1) county) where the individual,
premises, or location to be isolated or quarantined is located; or
(2) a county adjacent to the county or counties (if the area of
isolation or quarantine includes more than one (1) county)
where the individual, premises, or location to be isolated or
quarantined is located.
This subsection does not preclude a change of venue for good cause
shown.
(o) Upon the motion of any party, or upon its own motion, a court
may consolidate cases for a hearing under this section if:
(1) the number of individuals who may be subject to isolation
or quarantine, or who are subject to isolation or quarantine, is
so large as to render individual participation impractical;
(2) the law and the facts concerning the individuals are similar;
and
(3) the individuals have similar rights at issue.
A court may appoint an attorney to represent a group of similarly
situated individuals if the individuals can be adequately represented.
An individual may retain his or her own counsel or proceed pro se.
(p) A public health authority that imposes a quarantine that is not
in the person's home:
(1) shall allow the parent or guardian of a child who is
quarantined under this section; and
(2) may allow an adult;
to remain with the quarantined individual in quarantine. As a
condition of remaining with the quarantined individual, the public
health authority may require a person described in subdivision (2)
who has not been exposed to a dangerous communicable disease to
receive an immunization or treatment for the disease or condition, if
an immunization or treatment is available and if requiring
immunization or treatment does not violate a constitutional right.
(q) If an individual who is quarantined under this section is the
sole parent or guardian of one (1) or more children who are not
quarantined, the child or children shall be placed in the residence of
a relative, friend, or neighbor of the quarantined individual until the
quarantine period has expired. Placement under this subsection must
be in accordance with the directives of the parent or guardian, if
possible.
(r) State and local law enforcement agencies shall cooperate with
the public health authority in enforcing an order of isolation or
quarantine.
(s) The court shall appoint an attorney to represent an indigent
individual in an action brought under this chapter or under
IC 16-41-6. If funds to pay for the court appointed attorney are not
available from any other source, the state department may use the
proceeds of a grant or loan to reimburse the county, state, or attorney
for the costs of representation.
(t) A person who knowingly or intentionally violates a condition
of isolation or quarantine under this chapter commits violating
quarantine or isolation, a Class A misdemeanor.
(u) The state department shall adopt rules under IC 4-22-2 to
implement this section, including rules to establish guidelines for:
(1) voluntary compliance with isolation and quarantine;
(2) quarantine locations and logistical support; and
(3) moving individuals to and from a quarantine location.
The absence of rules adopted under this subsection does not preclude
the public health authority from implementing any provision of this
section.
As added by P.L.138-2006, SEC.6. Amended by P.L.1-2007,
SEC.137.
IC 16-41-9-1.6
Actions of public health authority in event of quarantine
Sec. 1.6. (a) A public health authority may impose or petition a
court to impose a quarantine and do the following:
(1) Distribute information to the public concerning:
(A) the risks of the disease;
(B) how the disease is transmitted;
(C) available precautions to reduce the risk of contracting
the disease;
(D) the symptoms of the disease; and
(E) available medical or nonmedical treatments available for
the disease.
(2) Instruct the public concerning social distancing.
(3) Request that the public inform the public health authority or
a law enforcement agency if a family member contracts the
disease.
(4) Instruct the public on self quarantine and provide a
distinctive means of identifying a home that is self quarantined.
(5) Instruct the public on the use of masks, gloves, disinfectant,
and other means of reducing exposure to the disease.
(6) Close schools, athletic events, and other nonessential
situations in which people gather.
If a quarantine is imposed under section 1.5 of this chapter, the
public health authority shall ensure that, to the extent possible,
quarantined individuals have sufficient supplies to remain in their
own home.
(b) If an out of home, nonhospital quarantine is imposed on an
individual, the individual shall be housed as close as possible to the
individual's residence.
(c) In exercising the powers described in this section or in section
1.5 of this chapter, the public health authority may not prohibit a
person lawfully permitted to possess a firearm from possessing one
(1) or more firearms unless the person is quarantined in a mass
quarantine location. The public health authority may not remove a
firearm from the person's home, even if the person is quarantined in
a mass quarantine location.
(d) This section does not prohibit a public health authority from
adopting rules and enforcing rules to implement this section if the
rules are not inconsistent with this section.
As added by P.L.138-2006, SEC.7. Amended by P.L.1-2007,
SEC.138.
IC 16-41-9-1.7
Immunization programs
Sec. 1.7. (a) An immunization program established by a public
health authority to combat a public health emergency involving a
dangerous communicable disease must comply with the following:
(1) The state department must develop and distribute or post
information concerning the risks and benefits of immunization.
(2) No person may be required to receive an immunization
without that person's consent. No child may be required to
receive an immunization without the consent of the child's
parent, guardian, or custodian. The state department may
implement the procedures described in section 1.5 of this
chapter concerning a person who refuses to receive an
immunization or the child of a parent, guardian, or custodian
who refuses to consent to the child receiving an immunization.
(b) The state department shall adopt rules to implement this
section. The absence of rules adopted under this subsection does not
preclude the public health authority from implementing any
provision of this section.
As added by P.L.138-2006, SEC.8.
IC 16-41-9-2
Repealed
(Repealed by P.L.138-2006, SEC.14.)
IC 16-41-9-3
Infected students; exclusion from school
Sec. 3. (a) The local health officer may exclude from school a
student who has a dangerous communicable disease that:
(1) is transmissible through normal school contacts; and
(2) poses a substantial threat to the health and safety of the
school community.
(b) If the local health officer subsequently determines that a
student who has been excluded from school under subsection (a)
does not have a dangerous communicable disease that:
(1) is transmissible through normal school contacts; and
(2) poses a substantial threat to the health and safety of the
school community;
the local health officer shall issue a certificate of health to admit or
readmit the student to school.
(c) A person who objects to the determination made by the local
health officer under this section may appeal to the executive board
of the state department, which is the ultimate authority. IC 4-21.5
applies to proceedings under this section.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-4
Repealed
(Repealed by P.L.138-2006, SEC.14.)
IC 16-41-9-5
Mentally ill and dangerous or gravely disabled carriers; detention;
reports
Sec. 5. (a) If a designated health official determines that a carrier
has a dangerous communicable disease and has reasonable grounds
to believe that the carrier is mentally ill and either dangerous or
gravely disabled, the designated health official may request:
(1) immediate detention under IC 12-26-4; or
(2) emergency detention under IC 12-26-5;
for the purpose of having the carrier apprehended, detained, and
examined. The designated health official may provide to the
superintendent of the psychiatric hospital or center or the attending
physician information about the carrier's communicable disease
status. Communications under this subsection do not constitute a
breach of confidentiality.
(b) If the written report required under IC 12-26-5-5 states there
is probable cause to believe the carrier is mentally ill and either
dangerous or gravely disabled and requires continuing care and
treatment, proceedings may continue under IC 12-26.
(c) If the written report required under IC 12-26-5-5 states there
is not probable cause to believe the carrier is mentally ill and either
dangerous or gravely disabled and requires continuing care and
treatment, the carrier shall be referred to the designated health
official who may take action under this article.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-6
Detained carriers; isolation; unauthorized absences
Sec. 6. (a) The chief medical officer of a hospital or other
institutional facility may direct that a carrier detained under this
article be placed apart from the others and restrained from leaving
the facility. A carrier detained under this article shall observe all the
rules of the facility or is subject to further action before the
committing court.
(b) A carrier detained under this article who leaves a tuberculosis
hospital or other institutional facility without being authorized to
leave or who fails to return from an authorized leave without having
been formally discharged is considered absent without leave.
(c) The sheriff of the county in which a carrier referred to in
subsection (b) is found shall apprehend the carrier and return the
carrier to the facility at which the carrier was being detained upon
written request of the superintendent of the facility. Expenses
incurred under this section are treated as expenses described in
section 13 of this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-7
Voluntarily admitted carriers; unauthorized absences; prevention
of health threat
Sec. 7. (a) A carrier who:
(1) poses a serious and present danger to the health of others;
(2) has been voluntarily admitted to a hospital or other facility
for the treatment of tuberculosis or another dangerous
communicable disease; and
(3) who leaves the facility without authorized leave or against
medical advice or who fails to return from authorized leave;
shall be reported to a health officer by the facility not more than
twenty-four (24) hours after discovery of the carrier's absence.
(b) If a health officer fails or refuses to institute or complete
necessary legal measures to prevent a health threat (as defined in
IC 16-41-7-2) by the carrier, the case shall be referred to a designated
health official for appropriate action under this article.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-8
Discharge reports; release orders
Sec. 8. (a) A local health officer may file a report with the court
that states that a carrier who has been detained under this article may
be discharged without danger to the health or life of others.
(b) The court may enter an order of release based on information
presented by the local health officer or other sources.
As added by P.L.2-1993, SEC.24. Amended by P.L.138-2006, SEC.9;
P.L.1-2007, SEC.139.
IC 16-41-9-9
Release of carriers from state penal institutions; advanced reports;
jurisdiction of health officers
Sec. 9. (a) Not more than thirty (30) days after the proposed
release from a state penal institution of a prisoner who is known to
have:
(1) tuberculosis in a communicable stage; or
(2) other dangerous communicable disease;
the chief administrative officer of the penal institution shall report to
the state department the name, address, age, sex, and date of release
of the prisoner.
(b) The state department shall provide the information furnished
the state department under subsection (a) to the health officer having
jurisdiction over the prisoner's destination address.
(c) Each health officer where the prisoner may be found has
jurisdiction over the released prisoner.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-10
Nonresident indigent carriers; transfer to legal residences
Sec. 10. (a) The administrator of a hospital or other facility for the
treatment of tuberculosis or other dangerous communicable disease
may transfer or authorize the transfer of a nonresident indigent
carrier to the carrier's state or county of legal residence if the carrier
is able to travel. If the carrier is unable to travel, the administrator
may have the carrier hospitalized until the carrier is able to travel.
(b) Costs for the travel and hospitalization authorized by this
section shall be paid by the:
(1) carrier under section 13 of this chapter; or
(2) state department if the carrier cannot pay the full cost.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-11
Repealed
(Repealed by P.L.138-2006, SEC.14.)
IC 16-41-9-12
Refusal of admission to facilities; actions against persons and
licensed facilities
Sec. 12. (a) The superintendent or the chief executive officer of
the facility to which a carrier has been ordered under this chapter
may decline to admit a patient if the superintendent or chief
executive officer determines that there is not available adequate
space, treatment staff, or treatment facilities appropriate to the needs
of the patient.
(b) The state department may commence an action under
IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance
and a civil penalty not to exceed one thousand dollars ($1,000) per
violation per day against a person who:
(1) fails to comply with IC 16-41-1 through IC 16-41-3,
IC 16-41-5 through IC 16-41-9, IC 16-41-13, IC 16-41-14, or
IC 16-41-16 or a rule adopted under these chapters; or
(2) interferes with or obstructs the state department or the state
department's designated agent in the performance of official
duties under IC 16-41-1 through IC 16-41-3, IC 16-41-5 through
IC 16-41-9, IC 16-41-13, IC 16-41-14, or IC 16-41-16 or a rule
adopted under these chapters.
(c) The state department may commence an action against a
facility licensed by the state department under either subsection (b)
or the licensure statute for that facility, but the state department may
not bring an action arising out of one (1) incident under both statutes.
As added by P.L.2-1993, SEC.24.
IC 16-41-9-13
Costs of care or treatment
Sec. 13. (a) The court shall determine what part of the cost of care
or treatment ordered by the court, if any, the carrier can pay and
whether there are other available sources of public or private funding
responsible for payment of the carrier's care or treatment. The carrier
shall provide the court documents and other information necessary
to determine financial ability. If the carrier cannot pay the full cost
of care and other sources of public or private funding responsible for
payment of the carrier's care or treatment are not available, the
county is responsible for the cost. If the carrier:
(1) provides inaccurate or misleading information; or
(2) later becomes able to pay the full cost of care;
the carrier becomes liable to the county for costs paid by the county.
(b) Except as provided in subsections (c) and (d), the costs
incurred by the county under this chapter are limited to the costs
incurred under section 1.5 of this chapter.
(c) However, subsection (b) does not relieve the county of the
responsibility for the costs of a carrier who is ordered by the court
under this chapter to a county facility.
(d) Costs, other than costs described in subsections (b) and (c)
that are incurred by the county for care ordered by the court under
this chapter, shall be reimbursed by the state under IC 16-21-7 to the
extent funds have been appropriated for reimbursement.
As added by P.L.2-1993, SEC.24. Amended by P.L.138-2006,
SEC.10.
IC 16-41-9-14
Repealed
(Repealed by P.L.138-2006, SEC.14.)
IC 16-41-9-15
Cooperation to implement least restrictive but medically necessary
procedures to protect public health
Sec. 15. In carrying out its duties under this chapter, a public
health authority shall attempt to seek the cooperation of cases,
carriers, contacts, or suspect cases to implement the least restrictive
but medically necessary procedures to protect the public health.
As added by P.L.16-2009, SEC.26.