IC 16-41-7
    Chapter 7. Communicable Disease: Duty or Authority to Warn orNotify

IC 16-41-7-1
Carriers' duty to warn persons at risk
    Sec. 1. (a) This section applies to the following dangerouscommunicable diseases:
        (1) Acquired immune deficiency syndrome (AIDS).
        (2) Human immunodeficiency virus (HIV).
        (3) Hepatitis B.
    (b) As used in this section, "high risk activity" means sexual orneedle sharing contact that has been demonstrated epidemiologicallyto transmit a dangerous communicable disease described insubsection (a).
    (c) As used in this section, "person at risk" means:
        (1) past and present sexual or needle sharing partners who mayhave engaged in high risk activity; or
        (2) sexual or needle sharing partners before engaging in highrisk activity;
with the carrier of a dangerous communicable disease described insubsection (a).
    (d) Carriers who know of their status as a carrier of a dangerouscommunicable disease described in subsection (a) have a duty towarn or cause to be warned by a third party a person at risk of thefollowing:
        (1) The carrier's disease status.
        (2) The need to seek health care such as counseling and testing.
As added by P.L.2-1993, SEC.24.

IC 16-41-7-2
Reporting of persons posing serious and present danger or beingat risk
    Sec. 2. (a) A carrier is a "serious and present danger to the healthof others" under the following conditions:
        (1) The carrier engages repeatedly in a behavior that has beendemonstrated epidemiologically (as defined by rules adopted bythe state department under IC 4-22-2) to transmit a dangerouscommunicable disease or that indicates a careless disregard forthe transmission of the disease to others.
        (2) The carrier's past behavior or statements indicate animminent danger that the carrier will engage in behavior thattransmits a dangerous communicable disease to others.
        (3) The carrier has failed or refused to carry out the carrier'sduty to warn under section 1 of this chapter.
    (b) A person who has reasonable cause to believe that a person:
        (1) is a serious and present danger to the health of others asdescribed in subsection (a);
        (2) has engaged in noncompliant behavior; or
        (3) is suspected of being a person at risk (as described in section

1 of this chapter);
may report that information to a health officer.
    (c) A person who makes a report under subsection (b) in goodfaith is not subject to liability in a civil, an administrative, adisciplinary, or a criminal action.
    (d) A person who knowingly or recklessly makes a false reportunder subsection (b) is civilly liable for actual damages suffered bya person reported on and for punitive damages.
As added by P.L.2-1993, SEC.24.

IC 16-41-7-3
Notification by physician
    Sec. 3. (a) A licensed physician who diagnoses, treats, or counselsa patient with a dangerous communicable disease shall inform thepatient of the patient's duty under section 1 of this chapter.
    (b) A physician described in subsection (a) may notify thefollowing:
        (1) A health officer if the physician has reasonable cause tobelieve that a patient:
            (A) is a serious and present danger to the health of others asdescribed in section 2(a) of this chapter;
            (B) has engaged in noncompliant behavior; or
            (C) is suspected of being a person at risk (as defined insection 1 of this chapter).
        (2) A person at risk (as defined in section 1 of this chapter) ora person legally responsible for the patient if the physician:
            (A) has medical verification that the patient is a carrier;
            (B) knows the identity of the person at risk;
            (C) has a reasonable belief of a significant risk of harm tothe identified person at risk;
            (D) has reason to believe the identified person at risk has notbeen informed and will not be informed of the risk by thepatient or another person; and
            (E) has made reasonable efforts to inform the carrier of thephysician's intent to make or cause the state department ofhealth to make a disclosure to the person at risk.
    (c) A physician who notifies a person at risk under this sectionshall do the following:
        (1) Identify the dangerous communicable disease.
        (2) Inform the person of available health care measures such ascounseling and testing.
    (d) A physician who in good faith provides notification under thissection is not subject to liability in a civil, an administrative, adisciplinary, or a criminal action.
    (e) A patient's privilege with respect to a physician underIC 34-46-3-1 is waived regarding:
        (1) notification under subsection (b); and
        (2) information provided about a patient's noncompliantbehavior in an investigation or action under this chapter,IC 16-41-2, IC 16-41-3, IC 16-41-5, IC 16-41-6, IC 16-41-8,

IC 16-41-9, IC 16-41-13, IC 16-41-14, and IC 16-41-16.
    (f) A physician's immunity from liability under subsection (d)applies only to the provision of information reasonably calculated toprotect an identified person who is at epidemiological risk ofinfection.
    (g) A physician who notifies a person under this section is alsorequired to satisfy the reporting requirements under IC 16-41-2-2through IC 16-41-2-8.
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.122.

IC 16-41-7-4
Investigation of carriers; notification of persons at risk
    Sec. 4. (a) As used in this section, "person at risk" means anindividual who in the best judgment of a licensed physician:
        (1) has engaged in high risk activity (as defined in section 1 ofthis chapter); or
        (2) is in imminent danger of engaging in high risk activity (asdefined in section 1 of this chapter).
    (b) If a health officer is notified in writing by a physician undersection 3(b)(1)(A) of this chapter of a patient:
        (1) for whom the physician has medical verification that thepatient is a carrier; and
        (2) who, in the best judgment of the physician, is a serious andpresent danger to the health of others;
the health officer shall make an investigation of the carrier asauthorized in IC 16-41-5-2 to determine whether the environmentalconditions surrounding the carrier or the conduct of the carrierrequires the intervention by the health officer or designated healthofficial to prevent the spread of disease to others.
    (c) If the state department is requested in writing by a physicianwho has complied with the requirements of section 3(b)(2) of thischapter to notify a person at risk, the state department shall notify theperson at risk unless, in the opinion of the state department, theperson at risk:
        (1) has already been notified;
        (2) will be notified; or
        (3) will otherwise be made aware that the person is a person atrisk.
    (d) The state department shall establish a confidential registry ofall persons submitting written requests under subsection (c).
    (e) The state department shall adopt rules under IC 4-22-2 toimplement this section. Local health officers may submit advisoryguidelines to the state department to implement this chapter,IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. Thestate department shall fully consider such advisory guidelines beforeadopting a rule under IC 4-22-2-29 implementing this chapter,IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9.
As added by P.L.2-1993, SEC.24.

IC 16-41-7-5 Violations
    Sec. 5. (a) Except as provided in IC 35-42-1-9, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1999, SEC.47.