IC 16-41-10
    Chapter 10. Communicable Disease: Exposure Notification forEmergency Care Providers

IC 16-41-10-1
"Emergency medical services provider" defined
    Sec. 1. As used in this chapter, "emergency medical servicesprovider" means a firefighter, a law enforcement officer, aparamedic, an emergency medical technician, a physician licensedunder IC 25-22.5, a nurse licensed under IC 25-23, or other personwho provides emergency medical services in the course of theperson's employment.
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,SEC.15; P.L.212-2003, SEC.5.

IC 16-41-10-2
Notification of emergency medical services providers
    Sec. 2. (a) An emergency medical services provider who isexposed to blood or body fluids while providing emergency medicalservices to a patient may request notification concerning exposure toa dangerous communicable disease under this chapter if the exposureis of a type that has been demonstrated epidemiologically to transmita dangerous communicable disease.
    (b) If an emergency medical services provider desires to benotified of results of testing following a possible exposure to adangerous communicable disease under this chapter, the emergencymedical services provider shall notify the emergency medicalservices provider's employer not more than twenty-four (24) hoursafter the emergency medical services provider is exposed on a formthat is prescribed by the state department and the Indiana emergencymedical services commission.
    (c) The emergency medical services provider shall distribute acopy of the completed form required under subsection (b) to thefollowing:
        (1) If applicable, the medical director of the emergencydepartment of the medical facility:
            (A) to which the patient was admitted following theexposure; or
            (B) in which the patient was located at the time of theexposure.
        (2) The emergency medical services provider's employer.
        (3) The state department.
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,SEC.16; P.L.212-2003, SEC.6.

IC 16-41-10-2.5
Consent by patient to testing and release of testing results; refusingtesting; petitioning court
    Sec. 2.5. (a) A patient (including a patient who is unable toconsent due to physical or mental incapacity) to whose blood or body

fluids an emergency medical services provider is exposed asdescribed in section 2 of this chapter is considered to have consentedto:
        (1) testing for the presence of a dangerous communicabledisease of a type that has been epidemiologically demonstratedto be transmittable by an exposure of the kind experienced bythe emergency medical services provider; and
        (2) release of the testing results to a medical director orphysician described in section 3 of this chapter.
The medical director or physician shall notify the emergency medicalservices provider of the test results.
    (b) If a patient described in subsection (a) refuses to provide ablood or body fluid specimen for testing for a dangerouscommunicable disease, the exposed emergency medical servicesprovider, the exposed emergency medical services provider'semployer, or the state department may petition the circuit or superiorcourt having jurisdiction in the county:
        (1) of the patient's residence; or
        (2) where the employer of the exposed emergency medicalservices provider has the employer's principal office;
for an order requiring that the patient provide a blood or body fluidspecimen.
As added by P.L.212-2003, SEC.7.

IC 16-41-10-3
Notification of facilities
    Sec. 3. (a) Except as provided in subsection (b), if a patient towhose blood or body fluids an emergency medical services provideris exposed as described in section 2 of this chapter:
        (1) is admitted to a medical facility following the exposure oris located in a medical facility at the time of the exposure, aphysician designated by the medical facility shall, not more thanseventy-two (72) hours after the medical facility is notifiedunder section 2 of this chapter:
            (A) cause a blood or body fluid specimen to be obtainedfrom the patient and testing to be performed for a dangerouscommunicable disease of a type that has beenepidemiologically demonstrated to be transmittable by anexposure of the kind experienced by the emergency medicalservices provider; and
            (B) notify the medical director of the emergency medicalservices provider's employer; or
        (2) is not described in subdivision (1), the exposed emergencymedical services provider, the exposed emergency medicalservices provider's employer, or the state department may:
            (A) arrange for testing of the patient as soon as possible; or
            (B) petition the circuit or superior court having jurisdictionin the county of the patient's residence or where theemployer of the exposed emergency medical servicesprovider has the employer's principal office for an order

requiring that the patient provide a blood or body fluidspecimen.
    (b) An emergency medical services provider may, on the formdescribed in section 2 of this chapter, designate a physician otherthan the medical director of the emergency medical servicesprovider's employer to receive the test results.
    (c) The medical director or physician described in this sectionshall notify the emergency medical services provider of the testresults not more than forty-eight (48) hours after the medical directoror physician receives the test results.
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,SEC.17; P.L.212-2003, SEC.8; P.L.97-2004, SEC.69.

IC 16-41-10-3.5
Prohibiting physical restraint; releasing patient; immunity
    Sec. 3.5. (a) A medical facility may not physically restrain apatient described in section 2.5 of this chapter in order to test thepatient for the presence of a dangerous communicable disease.
    (b) Nothing in this chapter prohibits a patient from beingdischarged from a medical facility before:
        (1) a test is performed under section 2.5 or 3 of this chapter; or
        (2) the results of a test are released under section 3 of thischapter.
    (c) A provider or a facility that tests a patient for the presence ofa dangerous communicable disease under section 2.5 or section 3 ofthis chapter is immune from liability for the performance of the testover the patient's objection or without the patient's consent.However, this subsection does not apply to an act or omission thatconstitutes gross negligence or willful or wanton misconduct.
As added by P.L.212-2003, SEC.9.

IC 16-41-10-4
Disclosure of exposure to infectious disease; treatment andcounseling
    Sec. 4. (a) A medical director or physician notified under section3 of this chapter shall, not more than forty-eight (48) hours afterreceiving the notification under section 3 of this chapter, contact theemergency medical services provider described in section 2 of thischapter to do the following:
        (1) Explain, without disclosing information about the patient,the dangerous communicable disease to which the emergencymedical services provider was exposed.
        (2) Provide for any medically necessary treatment andcounseling to the emergency medical services provider.
    (b) Expenses of testing or treatment and counseling are theresponsibility of the emergency medical services provider or theprovider's employer.
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,SEC.18; P.L.212-2003, SEC.10.
IC 16-41-10-5
Disclosure of medical or epidemiological information; penalties
    Sec. 5. (a) Except as otherwise provided in this chapter, themedical information referred to in this chapter is confidential, and aperson may not disclose or be compelled to disclose medical orepidemiological information referred to in this chapter.
    (b) A person responsible for recording, reporting, or maintaininginformation referred to in this chapter who recklessly, knowingly, orintentionally discloses or fails to protect medical or epidemiologicalinformation classified as confidential under this section commits aClass A misdemeanor.
    (c) In addition to the penalty prescribed by subsection (b), apublic employee who violates this section is subject to discharge orother disciplinary action under the personnel rules of the agency thatemploys the employee.
As added by P.L.2-1993, SEC.24. Amended by P.L.212-2003,SEC.11.

IC 16-41-10-6
Good faith reports; immunity
    Sec. 6. A person who makes a report under this chapter in goodfaith is not subject to liability in a civil, an administrative, adisciplinary, or a criminal action.
As added by P.L.2-1993, SEC.24.

IC 16-41-10-7
Violations
    Sec. 7. (a) Except as otherwise provided, a person who recklesslyviolates or fails to comply with this chapter commits a Class Bmisdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.

IC 16-41-10-8
Rules
    Sec. 8. The state department shall adopt rules under IC 4-22-2 tocarry out this chapter.
As added by P.L.2-1993, SEC.24.