IC 16-41-11
    Chapter 11. Communicable Disease: Training in HealthPrecautions for Communicable Diseases

IC 16-41-11-1
Employer
    Sec. 1. As used in this chapter, "employer" has the meaning setforth in IC 22-8-1.1-1.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-2
Facility
    Sec. 2. As used in this chapter, "facility" means a building wherean individual handles blood or other body fluids in the regular courseof the individual's employment.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-3
Universal precautions
    Sec. 3. As used in this chapter, "universal precautions" meansprocedures specified by rule adopted by the state department underIC 4-22-2 that are used to prevent the transmission of dangerouscommunicable diseases, including acquired immune deficiencysyndrome (AIDS), through blood or other body fluids.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-4
Use of universal precautions
    Sec. 4. An individual who has professional, employment, orvolunteer duties that require the individual to have direct contactwith blood or body fluids in the scope of the individual's duties mustuse universal precautions.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-5
Training and equipment
    Sec. 5. An employer shall provide training and the necessaryequipment to each employee and student trainee who has duties thatrequire the employee to have direct contact with blood or body fluidsin the scope of the employee's employment. The employer shallcomply with the following:
        (1) The training must be provided before the individual is givenan assignment where contact with blood or body fluids is likely.
        (2) The training must include training in the universalprecautions and other infection control measures that the statedepartment adopts by rule under IC 4-22-2.
        (3) An attendance record must be maintained of an individual'sparticipation in the training that is provided. The record must bemade available to the state department for inspection undersection 7 of this chapter.As added by P.L.2-1993, SEC.24.

IC 16-41-11-6
Personnel policy
    Sec. 6. An employer who is required to provide training undersection 5 of this chapter shall develop a written personnel policy thatdoes the following:
        (1) Requires the use of universal precautions when anindividual has direct contact with blood or other body fluids.
        (2) Provides sanctions, including discipline and dismissal ifwarranted, for failure to use universal precautions.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-7
Inspections; compliance orders; civil penalties; reports ofviolations
    Sec. 7. (a) The state department may designate an agent who,upon presentation of proper credentials, may enter a facility toinspect for possible violations of this chapter or rules adopted underthis chapter.
    (b) The state department may commence an action underIC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of complianceand civil penalty not to exceed one thousand dollars ($1,000) perviolation per day against a person who does any of the following:
        (1) Fails to comply with this chapter or rules adopted under thischapter.
        (2) Interferes with or obstructs the state department or the statedepartment's designated agent in the performance of officialduties under this chapter.
    (c) The state department may commence an action against afacility under either:
        (1) subsection (b); or
        (2) the licensure statute for the facility;
if the facility is licensed by the state department. However, the statedepartment may not bring an action arising out of one (1) incidentunder both statutes.
    (d) The state department may report to any other board or agencyresponsible for licensure, registration, or certification of health careproviders, facilities, or other health care workers an individual orfacility that is found to be operating in violation of this chapter orrules adopted under this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-8
Complaints
    Sec. 8. (a) A person who believes that this chapter or rulesadopted under this chapter have been violated may file a complaintwith the state department. A complaint must be in writing unless theviolation complained of constitutes an emergency. The statedepartment shall reduce an oral complaint to writing. The state

department shall maintain the confidentiality of the person who filesthe complaint.
    (b) The state department shall promptly investigate all complaintsreceived under this section.
    (c) The state department shall not disclose the name or identifyingcharacteristics of the person who files a complaint under this sectionunless:
        (1) the person consents in writing to the disclosure; or
        (2) the investigation results in an administrative or judicialproceeding and disclosure is ordered by the administrative lawjudge or the court.
    (d) The state department shall give a person who files a complaintunder this section the opportunity to withdraw the complaint beforedisclosure.
    (e) An employee must make a reasonable attempt to ascertain thecorrectness of any information to be furnished and may be subject todisciplinary actions for knowingly furnishing false information,including suspension or dismissal, as determined by the employer orthe ethics commission. However, an employee disciplined under thissubsection is entitled to process an appeal of the disciplinary actionunder any procedure otherwise available to the employee byemployment contract, collective bargaining agreement, or, if theemployee is an employee of the state, a rule as set forth inIC 4-15-2-34 through IC 4-15-2-35.5.
    (f) The employer of an employee who files a complaint in goodfaith with the state department under this section may not, solely inretaliation for filing the complaint, do any of the following:
        (1) Dismiss the employee.
        (2) Withhold salary increases or employment related benefitsfrom the employee.
        (3) Transfer or reassign the employee.
        (4) Deny a promotion that the employee would have received.
        (5) Demote the employee.
As added by P.L.2-1993, SEC.24. Amended by P.L.222-2005,SEC.31.

IC 16-41-11-9
Rules
    Sec. 9. The state department shall adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-11-10
Expert review panels
    Sec. 10. (a) This section does not apply to a medical review panelcreated under IC 34-18-10 (or IC 27-12-10 before its repeal) or a peerreview committee (as defined in IC 34-6-2-99).
    (b) The state department may authorize by rule expert reviewpanels to provide confidential consultation and advice to health careworkers who are:        (1) infected with the human immunodeficiency virus (HIV); or
        (2) infected with the hepatitis-B virus (HBV) and arehepatitis-Be antigen (HBeAg) positive.
    (c) All proceedings and communications of an authorized expertreview panel are confidential and privileged communications.
    (d) A member or a member of the staff of an authorized expertreview panel is immune from any civil liability for any act,statement, determination, or recommendation made in good faith inthe scope of the panel's duties.
As added by P.L.95-1994, SEC.3. Amended by P.L.1-1998, SEC.123.