CHAPTER 13. COMMUNICABLE DISEASE: BODY FLUID PRECAUTIONS WITH RESPECT TO HANDLING OF DEAD BODIES
IC 16-41-13
Chapter 13. Communicable Disease: Body Fluid Precautions WithRespect to Handling of Dead Bodies
IC 16-41-13-1
Notice requirement
Sec. 1. (a) The attending physician or health care provider shallprepare and attach to the body of a deceased individual aconspicuous notice with the statement: "Observe Body FluidPrecautions" whenever the physician or provider knows that at leastone (1) of the following disease processes was present in thedeceased at the time of death:
(1) Hepatitis (Types B, non A, non B).
(2) Human immunodeficiency virus (HIV) infection (acquiredimmune deficiency syndrome and AIDS related complex).
(3) Tuberculosis.
(4) Herpes.
(5) Gonorrhea.
(6) Syphilis (primary and secondary).
(7) Burkett's lymphoma.
(8) Kaposi's sarcoma.
(9) Arthropod-borne viral diseases.
(10) Babesiosis.
(11) Creutzfeldt-Jakob disease.
(12) Leptospirosis.
(13) Malaria.
(14) Rat-bite fever.
(15) Relapsing fever.
(16) Y. Pestis.
(17) Hemorrhagic fevers.
(18) Rabies.
(19) Any other communicable disease (as defined inIC 16-41-2).
(b) The notice required in this chapter must accompany the bodywhen the body is picked up for disposition.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-2
Presentation of notice
Sec. 2. A person who:
(1) picks up or transports a body for disposition; and
(2) has received notice of a communicable disease under thischapter;
shall present the notice described in section 1 of this chapter to theembalmer, funeral director, or other person taking possession of thebody.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-3
Confidentiality of information Sec. 3. (a) Information regarding a deceased individual'scommunicable disease contained in the notice required by thischapter shall be kept confidential by the attending physician, healthcare provider, funeral director, or other person in possession of thebody. Such information may be disclosed only if the information isrequired by state or federal law or under a court order based oncircumstances described in IC 16-41-8-1.
(b) An attending physician, health care provider, or other personin possession of the body who discloses information in violation ofthis chapter commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-4
Refusal or failure to give notice; penalty
Sec. 4. A person who knowingly refuses or fails to give noticeunder section 1 of this chapter to persons disposing of a body that thedeceased individual was known to have been diagnosed as having acommunicable disease listed in section 1 of this chapter commits aClass C misdemeanor.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-5
Use of universal precautions
Sec. 5. The provisions of IC 16-41-11 requiring the use ofuniversal precautions apply to embalmers, funeral directors, andother persons who take possession of or handle a body.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-6
Violations
Sec. 6. (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.