IC 16-41-2
    Chapter 2. Communicable Disease: Reporting of Communicableor Dangerous Diseases

IC 16-41-2-1
Rules
    Sec. 1. The state department may adopt rules under IC 4-22-2,including emergency rules under IC 4-22-2-37.1, that do thefollowing:
        (1) Define and classify the following:
            (A) Communicable diseases.
            (B) Other diseases that are a danger to health based upon thecharacteristics of the disease.
        (2) Establish reporting, monitoring, and preventive proceduresfor communicable diseases.
As added by P.L.2-1993, SEC.24. Amended by P.L.8-2008, SEC.2.

IC 16-41-2-2
Reporting of required information
    Sec. 2. Each:
        (1) licensed physician;
        (2) administrator of a hospital licensed under IC 16-21-2 or theadministrator's representative; or
        (3) director of a medical laboratory or the director'srepresentative;
shall report to the local or state health officer designated by the statedepartment the information required to be reported by the rulesadopted under section 1 of this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-2-3
Reporting of HIV and AIDS cases
    Sec. 3. (a) The following persons shall report to the statedepartment each case of human immunodeficiency virus (HIV)infection, including each confirmed case of acquired immunedeficiency syndrome (AIDS):
        (1) A licensed physician.
        (2) A hospital licensed under IC 16-21.
        (3) A medical laboratory.
        (4) The department of correction.
The report must comply with rules adopted by the state department.
    (b) The records of the state department must indicate, if known:
        (1) whether the individual had undergone any bloodtransfusions before being diagnosed as having AIDS or HIVinfection;
        (2) the place the transfusions took place;
        (3) the blood center that furnished the blood; and
        (4) any other known risk factors.
    (c) A case report concerning HIV infection that does not involvea confirmed case of AIDS submitted to the state department under

this section that involves an individual:
        (1) enrolled in a formal research project for which a writtenstudy protocol has been filed with the state department;
        (2) who is tested anonymously at a designated counseling ortesting site; or
        (3) who is tested by a health care provider permitted by rule bythe state department to use a number identifier code;
may not include the name or other identifying characteristics of theindividual tested.
As added by P.L.2-1993, SEC.24. Amended by P.L.293-2001, SEC.2.

IC 16-41-2-4
Waiver of physician-patient privilege
    Sec. 4. A patient's privilege with respect to a physician underIC 34-46-3-1 is waived regarding information reported to a local orstate health officer under this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.121.

IC 16-41-2-5
Satisfaction of statutory notification duties
    Sec. 5. A person who reports information as required by thischapter does not satisfy the duties that exist under IC 16-41-7-3 orother laws to provide notification to persons identified as being atsignificant risk of being infected by the individual who is the subjectof the report.
As added by P.L.2-1993, SEC.24.

IC 16-41-2-6
Good faith reporting; immunity
    Sec. 6. A person who makes a report under this chapter in goodfaith is not subject to liability in:
        (1) a civil;
        (2) an administrative;
        (3) a disciplinary; or
        (4) a criminal;
action.
As added by P.L.2-1993, SEC.24.

IC 16-41-2-7
False reporting; liability
    Sec. 7. A person who knowingly or recklessly makes a false reportunder this chapter is civilly liable for actual damages suffered by aperson who is falsely reported and for punitive damages.
As added by P.L.2-1993, SEC.24.

IC 16-41-2-8
Failure to report required information; penalty
    Sec. 8. A person who fails to report information as required bythis chapter commits a Class A infraction.
As added by P.L.2-1993, SEC.24.
IC 16-41-2-9
Violations
    Sec. 9. (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.