IC 16-41-9
    Chapter 9. Communicable Disease: Imposition of Restrictions onIndividuals With Certain Communicable or DangerousCommunicable Diseases

IC 16-41-9-1
Repealed
    (Repealed by P.L.138-2006, SEC.14.)

IC 16-41-9-1.5
Isolation; quarantine; notice; hearing; orders; renewal; crime;rules
    Sec. 1.5. (a) If a public health authority has reason to believe that:
        (1) an individual:
            (A) has been infected with; or
            (B) has been exposed to;
        a dangerous communicable disease or outbreak; and
        (2) the individual is likely to cause the infection of anuninfected individual if the individual is not restricted in theindividual's ability to come into contact with an uninfectedindividual;
the public health authority may petition a circuit or superior court foran order imposing isolation or quarantine on the individual. Apetition for isolation or quarantine filed under this subsection mustbe verified and include a brief description of the facts supporting thepublic health authority's belief that isolation or quarantine should beimposed on an individual, including a description of any efforts thepublic health authority made to obtain the individual's voluntarycompliance with isolation or quarantine before filing the petition.
    (b) Except as provided in subsections (e) and (k), an individualdescribed in subsection (a) is entitled to notice and an opportunity tobe heard, in person or by counsel, before a court issues an orderimposing isolation or quarantine. A court may restrict an individual'sright to appear in person if the court finds that the individual'spersonal appearance is likely to expose an uninfected person to adangerous communicable disease or outbreak.
    (c) If an individual is restricted from appearing in person undersubsection (b), the court shall hold the hearing in a manner thatallows all parties to fully and safely participate in the proceedingsunder the circumstances.
    (d) If the public health authority proves by clear and convincingevidence that:
        (1) an individual has been infected or exposed to a dangerouscommunicable disease or outbreak; and
        (2) the individual is likely to cause the infection of anuninfected individual if the individual is not restricted in theindividual's ability to come into contact with an uninfectedindividual;
the court may issue an order imposing isolation or quarantine on theindividual. The court shall establish the conditions of isolation or

quarantine, including the duration of isolation or quarantine. Thecourt shall impose the least restrictive conditions of isolation orquarantine that are consistent with the protection of the public.
    (e) If the public health authority has reason to believe that anindividual described in subsection (a) is likely to expose anuninfected individual to a dangerous communicable disease oroutbreak before the individual can be provided with notice and anopportunity to be heard, the public health authority may seek in acircuit or superior court an emergency order of quarantine orisolation by filing a verified petition for emergency quarantine orisolation. The verified petition must include a brief description of thefacts supporting the public health authority's belief that:
        (1) isolation or quarantine should be imposed on an individual;and
        (2) the individual may expose an uninfected individual to adangerous communicable disease or outbreak before theindividual can be provided with notice and an opportunity to beheard.
The verified petition must include a description of any efforts thepublic health authority made to obtain the individual's voluntarycompliance with isolation or quarantine before filing the petition.
    (f) If the public health authority proves by clear and convincingevidence that:
        (1) an individual has been infected or exposed to a dangerouscommunicable disease or outbreak;
        (2) the individual is likely to cause the infection of anuninfected individual if the individual is not restricted in theindividual's ability to come into contact with an uninfectedindividual; and
        (3) the individual may expose an uninfected individual to adangerous communicable disease or outbreak before theindividual can be provided with notice and an opportunity to beheard;
the court may issue an emergency order imposing isolation orquarantine on the individual. The court shall establish the durationand other conditions of isolation or quarantine. The court shallimpose the least restrictive conditions of isolation or quarantine thatare consistent with the protection of the public.
    (g) A court may issue an emergency order of isolation orquarantine without the verified petition required under subsection (e)if the court receives sworn testimony of the same facts required inthe verified petition:
        (1) in a nonadversarial, recorded hearing before the judge;
        (2) orally by telephone or radio;
        (3) in writing by facsimile transmission (fax); or
        (4) through other electronic means approved by the court.
If the court agrees to issue an emergency order of isolation orquarantine based upon information received under subdivision (2),the court shall direct the public health authority to sign the judge'sname and to write the time and date of issuance on the proposed

emergency order. If the court agrees to issue an emergency order ofisolation or quarantine based upon information received undersubdivision (3), the court shall direct the public health authority totransmit a proposed emergency order to the court, which the courtshall sign, add the date of issuance, and transmit back to the publichealth authority. A court may modify the conditions of a proposedemergency order.
    (h) If an emergency order of isolation or quarantine is issuedunder subsection (g)(2), the court shall record the conversation onaudiotape and order the court reporter to type or transcribe therecording for entry in the record. The court shall certify theaudiotape, the transcription, and the order retained by the judge forentry in the record.
    (i) If an emergency order of isolation or quarantine is issued undersubsection (g)(3), the court shall order the court reporter to retype orcopy the facsimile transmission for entry in the record. The courtshall certify the transcription or copy and order retained by the judgefor entry in the record.
    (j) The clerk shall notify the public health authority who receivedan emergency order under subsection (g)(2) or (g)(3) when thetranscription or copy required under this section is entered in therecord. The public health authority shall sign the typed, transcribed,or copied entry upon receiving notice from the court reporter.
    (k) The public health authority may issue an immediate orderimposing isolation or quarantine on an individual if exigentcircumstances, including the number of affected individuals, existthat make it impracticable for the public health authority to seek anorder from a court, and obtaining the individual's voluntarycompliance is or has proven impracticable or ineffective. Animmediate order of isolation or quarantine expires after seventy-two(72) hours, excluding Saturdays, Sundays, and legal holidays, unlessrenewed in accordance with subsection (l). The public healthauthority shall establish the other conditions of isolation orquarantine. The public health authority shall impose the leastrestrictive conditions of isolation or quarantine that are consistentwith the protection of the public. If the immediate order applies to agroup of individuals and it is impracticable to provide individualnotice, the public health authority shall post a copy of the orderwhere it is likely to be seen by individuals subject to the order.
    (l) The public health authority may seek to renew an order ofisolation or quarantine or an immediate order of isolation orquarantine issued under this section by doing the following:
        (1) By filing a petition to renew the emergency order ofisolation or quarantine or the immediate order of isolation orquarantine with:
            (A) the court that granted the emergency order of isolationor quarantine; or
            (B) a circuit or superior court, in the case of an immediateorder.
        The petition for renewal must include a brief description of the

facts supporting the public health authority's belief that theindividual who is the subject of the petition should remain inisolation or quarantine and a description of any efforts thepublic health authority made to obtain the individual's voluntarycompliance with isolation or quarantine before filing thepetition.
        (2) By providing the individual who is the subject of theemergency order of isolation or quarantine or the immediateorder of isolation or quarantine with a copy of the petition andnotice of the hearing at least twenty-four (24) hours before thetime of the hearing.
        (3) By informing the individual who is the subject of theemergency order of isolation or quarantine or the immediateorder of isolation or quarantine that the individual has the rightto:
            (A) appear, unless the court finds that the individual'spersonal appearance may expose an uninfected person to adangerous communicable disease or outbreak;
            (B) cross-examine witnesses; and
            (C) counsel, including court appointed counsel inaccordance with subsection (c).
        (4) If:
            (A) the petition applies to a group of individuals; and
            (B) it is impracticable to provide individual notice;
        by posting the petition in a conspicuous location on theisolation or quarantine premises.
    (m) If the public health authority proves by clear and convincingevidence at a hearing under subsection (l) that:
        (1) an individual has been infected or exposed to a dangerouscommunicable disease or outbreak; and
        (2) the individual is likely to cause the infection of anuninfected individual if the individual is not restricted in theindividual's ability to come into contact with an uninfectedindividual;
the court may renew the existing order of isolation or quarantine orissue a new order imposing isolation or quarantine on the individual.The court shall establish the conditions of isolation or quarantine,including the duration of isolation or quarantine. The court shallimpose the least restrictive conditions of isolation or quarantine thatare consistent with the protection of the public.
    (n) Unless otherwise provided by law, a petition for isolation orquarantine, or a petition to renew an immediate order for isolation orquarantine, may be filed in a circuit or superior court in any county.Preferred venue for a petition described in this subsection is:
        (1) the county or counties (if the area of isolation or quarantineincludes more than one (1) county) where the individual,premises, or location to be isolated or quarantined is located; or
        (2) a county adjacent to the county or counties (if the area ofisolation or quarantine includes more than one (1) county)where the individual, premises, or location to be isolated or

quarantined is located.
This subsection does not preclude a change of venue for good causeshown.
    (o) Upon the motion of any party, or upon its own motion, a courtmay consolidate cases for a hearing under this section if:
        (1) the number of individuals who may be subject to isolationor quarantine, or who are subject to isolation or quarantine, isso large as to render individual participation impractical;
        (2) the law and the facts concerning the individuals are similar;and
        (3) the individuals have similar rights at issue.
A court may appoint an attorney to represent a group of similarlysituated individuals if the individuals can be adequately represented.An individual may retain his or her own counsel or proceed pro se.
    (p) A public health authority that imposes a quarantine that is notin the person's home:
        (1) shall allow the parent or guardian of a child who isquarantined under this section; and
        (2) may allow an adult;
to remain with the quarantined individual in quarantine. As acondition of remaining with the quarantined individual, the publichealth authority may require a person described in subdivision (2)who has not been exposed to a dangerous communicable disease toreceive an immunization or treatment for the disease or condition, ifan immunization or treatment is available and if requiringimmunization or treatment does not violate a constitutional right.
    (q) If an individual who is quarantined under this section is thesole parent or guardian of one (1) or more children who are notquarantined, the child or children shall be placed in the residence ofa relative, friend, or neighbor of the quarantined individual until thequarantine period has expired. Placement under this subsection mustbe in accordance with the directives of the parent or guardian, ifpossible.
    (r) State and local law enforcement agencies shall cooperate withthe public health authority in enforcing an order of isolation orquarantine.
    (s) The court shall appoint an attorney to represent an indigentindividual in an action brought under this chapter or underIC 16-41-6. If funds to pay for the court appointed attorney are notavailable from any other source, the state department may use theproceeds of a grant or loan to reimburse the county, state, or attorneyfor the costs of representation.
    (t) A person who knowingly or intentionally violates a conditionof isolation or quarantine under this chapter commits violatingquarantine or isolation, a Class A misdemeanor.
    (u) The state department shall adopt rules under IC 4-22-2 toimplement this section, including rules to establish guidelines for:
        (1) voluntary compliance with isolation and quarantine;
        (2) quarantine locations and logistical support; and
        (3) moving individuals to and from a quarantine location.The absence of rules adopted under this subsection does not precludethe public health authority from implementing any provision of thissection.
As added by P.L.138-2006, SEC.6. Amended by P.L.1-2007,SEC.137.

IC 16-41-9-1.6
Actions of public health authority in event of quarantine
    Sec. 1.6. (a) A public health authority may impose or petition acourt to impose a quarantine and do the following:
        (1) Distribute information to the public concerning:
            (A) the risks of the disease;
            (B) how the disease is transmitted;
            (C) available precautions to reduce the risk of contractingthe disease;
            (D) the symptoms of the disease; and
            (E) available medical or nonmedical treatments available forthe disease.
        (2) Instruct the public concerning social distancing.
        (3) Request that the public inform the public health authority ora law enforcement agency if a family member contracts thedisease.
        (4) Instruct the public on self quarantine and provide adistinctive means of identifying a home that is self quarantined.
        (5) Instruct the public on the use of masks, gloves, disinfectant,and other means of reducing exposure to the disease.
        (6) Close schools, athletic events, and other nonessentialsituations in which people gather.
If a quarantine is imposed under section 1.5 of this chapter, thepublic health authority shall ensure that, to the extent possible,quarantined individuals have sufficient supplies to remain in theirown home.
    (b) If an out of home, nonhospital quarantine is imposed on anindividual, the individual shall be housed as close as possible to theindividual's residence.
    (c) In exercising the powers described in this section or in section1.5 of this chapter, the public health authority may not prohibit aperson lawfully permitted to possess a firearm from possessing one(1) or more firearms unless the person is quarantined in a massquarantine location. The public health authority may not remove afirearm from the person's home, even if the person is quarantined ina mass quarantine location.
    (d) This section does not prohibit a public health authority fromadopting rules and enforcing rules to implement this section if therules are not inconsistent with this section.
As added by P.L.138-2006, SEC.7. Amended by P.L.1-2007,SEC.138.

IC 16-41-9-1.7
Immunization programs    Sec. 1.7. (a) An immunization program established by a publichealth authority to combat a public health emergency involving adangerous communicable disease must comply with the following:
        (1) The state department must develop and distribute or postinformation concerning the risks and benefits of immunization.
        (2) No person may be required to receive an immunizationwithout that person's consent. No child may be required toreceive an immunization without the consent of the child'sparent, guardian, or custodian. The state department mayimplement the procedures described in section 1.5 of thischapter concerning a person who refuses to receive animmunization or the child of a parent, guardian, or custodianwho refuses to consent to the child receiving an immunization.
    (b) The state department shall adopt rules to implement thissection. The absence of rules adopted under this subsection does notpreclude the public health authority from implementing anyprovision of this section.
As added by P.L.138-2006, SEC.8.

IC 16-41-9-2
Repealed
    (Repealed by P.L.138-2006, SEC.14.)

IC 16-41-9-3
Infected students; exclusion from school
    Sec. 3. (a) The local health officer may exclude from school astudent who has a dangerous communicable disease that:
        (1) is transmissible through normal school contacts; and
        (2) poses a substantial threat to the health and safety of theschool community.
    (b) If the local health officer subsequently determines that astudent who has been excluded from school under subsection (a)does not have a dangerous communicable disease that:
        (1) is transmissible through normal school contacts; and
        (2) poses a substantial threat to the health and safety of theschool community;
the local health officer shall issue a certificate of health to admit orreadmit the student to school.
    (c) A person who objects to the determination made by the localhealth officer under this section may appeal to the executive boardof the state department, which is the ultimate authority. IC 4-21.5applies to proceedings under this section.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-4
Repealed
    (Repealed by P.L.138-2006, SEC.14.)

IC 16-41-9-5
Mentally ill and dangerous or gravely disabled carriers; detention;

reports
    Sec. 5. (a) If a designated health official determines that a carrierhas a dangerous communicable disease and has reasonable groundsto believe that the carrier is mentally ill and either dangerous orgravely disabled, the designated health official may request:
        (1) immediate detention under IC 12-26-4; or
        (2) emergency detention under IC 12-26-5;
for the purpose of having the carrier apprehended, detained, andexamined. The designated health official may provide to thesuperintendent of the psychiatric hospital or center or the attendingphysician information about the carrier's communicable diseasestatus. Communications under this subsection do not constitute abreach of confidentiality.
    (b) If the written report required under IC 12-26-5-5 states thereis probable cause to believe the carrier is mentally ill and eitherdangerous or gravely disabled and requires continuing care andtreatment, proceedings may continue under IC 12-26.
    (c) If the written report required under IC 12-26-5-5 states thereis not probable cause to believe the carrier is mentally ill and eitherdangerous or gravely disabled and requires continuing care andtreatment, the carrier shall be referred to the designated healthofficial who may take action under this article.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-6
Detained carriers; isolation; unauthorized absences
    Sec. 6. (a) The chief medical officer of a hospital or otherinstitutional facility may direct that a carrier detained under thisarticle be placed apart from the others and restrained from leavingthe facility. A carrier detained under this article shall observe all therules of the facility or is subject to further action before thecommitting court.
    (b) A carrier detained under this article who leaves a tuberculosishospital or other institutional facility without being authorized toleave or who fails to return from an authorized leave without havingbeen formally discharged is considered absent without leave.
    (c) The sheriff of the county in which a carrier referred to insubsection (b) is found shall apprehend the carrier and return thecarrier to the facility at which the carrier was being detained uponwritten request of the superintendent of the facility. Expensesincurred under this section are treated as expenses described insection 13 of this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-7
Voluntarily admitted carriers; unauthorized absences; preventionof health threat
    Sec. 7. (a) A carrier who:
        (1) poses a serious and present danger to the health of others;
        (2) has been voluntarily admitted to a hospital or other facility

for the treatment of tuberculosis or another dangerouscommunicable disease; and
        (3) who leaves the facility without authorized leave or againstmedical advice or who fails to return from authorized leave;
shall be reported to a health officer by the facility not more thantwenty-four (24) hours after discovery of the carrier's absence.
    (b) If a health officer fails or refuses to institute or completenecessary legal measures to prevent a health threat (as defined inIC 16-41-7-2) by the carrier, the case shall be referred to a designatedhealth official for appropriate action under this article.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-8
Discharge reports; release orders
    Sec. 8. (a) A local health officer may file a report with the courtthat states that a carrier who has been detained under this article maybe discharged without danger to the health or life of others.
    (b) The court may enter an order of release based on informationpresented by the local health officer or other sources.
As added by P.L.2-1993, SEC.24. Amended by P.L.138-2006, SEC.9;P.L.1-2007, SEC.139.

IC 16-41-9-9
Release of carriers from state penal institutions; advanced reports;jurisdiction of health officers
    Sec. 9. (a) Not more than thirty (30) days after the proposedrelease from a state penal institution of a prisoner who is known tohave:
        (1) tuberculosis in a communicable stage; or
        (2) other dangerous communicable disease;
the chief administrative officer of the penal institution shall report tothe state department the name, address, age, sex, and date of releaseof the prisoner.
    (b) The state department shall provide the information furnishedthe state department under subsection (a) to the health officer havingjurisdiction over the prisoner's destination address.
    (c) Each health officer where the prisoner may be found hasjurisdiction over the released prisoner.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-10
Nonresident indigent carriers; transfer to legal residences
    Sec. 10. (a) The administrator of a hospital or other facility for thetreatment of tuberculosis or other dangerous communicable diseasemay transfer or authorize the transfer of a nonresident indigentcarrier to the carrier's state or county of legal residence if the carrieris able to travel. If the carrier is unable to travel, the administratormay have the carrier hospitalized until the carrier is able to travel.
    (b) Costs for the travel and hospitalization authorized by thissection shall be paid by the:        (1) carrier under section 13 of this chapter; or
        (2) state department if the carrier cannot pay the full cost.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-11
Repealed
    (Repealed by P.L.138-2006, SEC.14.)

IC 16-41-9-12
Refusal of admission to facilities; actions against persons andlicensed facilities
    Sec. 12. (a) The superintendent or the chief executive officer ofthe facility to which a carrier has been ordered under this chaptermay decline to admit a patient if the superintendent or chiefexecutive officer determines that there is not available adequatespace, treatment staff, or treatment facilities appropriate to the needsof the patient.
    (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 a civil penalty not to exceed one thousand dollars ($1,000) perviolation per day against a person who:
        (1) fails to comply with IC 16-41-1 through IC 16-41-3,IC 16-41-5 through IC 16-41-9, IC 16-41-13, IC 16-41-14, orIC 16-41-16 or a rule adopted under these chapters; or
        (2) interferes with or obstructs the state department or the statedepartment's designated agent in the performance of officialduties under IC 16-41-1 through IC 16-41-3, IC 16-41-5 throughIC 16-41-9, IC 16-41-13, IC 16-41-14, or IC 16-41-16 or a ruleadopted under these chapters.
    (c) The state department may commence an action against afacility licensed by the state department under either subsection (b)or the licensure statute for that facility, but the state department maynot bring an action arising out of one (1) incident under both statutes.
As added by P.L.2-1993, SEC.24.

IC 16-41-9-13
Costs of care or treatment
    Sec. 13. (a) The court shall determine what part of the cost of careor treatment ordered by the court, if any, the carrier can pay andwhether there are other available sources of public or private fundingresponsible for payment of the carrier's care or treatment. The carriershall provide the court documents and other information necessaryto determine financial ability. If the carrier cannot pay the full costof care and other sources of public or private funding responsible forpayment of the carrier's care or treatment are not available, thecounty is responsible for the cost. If the carrier:
        (1) provides inaccurate or misleading information; or
        (2) later becomes able to pay the full cost of care;
the carrier becomes liable to the county for costs paid by the county.
    (b) Except as provided in subsections (c) and (d), the costs

incurred by the county under this chapter are limited to the costsincurred under section 1.5 of this chapter.
    (c) However, subsection (b) does not relieve the county of theresponsibility for the costs of a carrier who is ordered by the courtunder this chapter to a county facility.
    (d) Costs, other than costs described in subsections (b) and (c)that are incurred by the county for care ordered by the court underthis chapter, shall be reimbursed by the state under IC 16-21-7 to theextent funds have been appropriated for reimbursement.
As added by P.L.2-1993, SEC.24. Amended by P.L.138-2006,SEC.10.

IC 16-41-9-14
Repealed
    (Repealed by P.L.138-2006, SEC.14.)

IC 16-41-9-15
Cooperation to implement least restrictive but medically necessaryprocedures to protect public health
    Sec. 15. In carrying out its duties under this chapter, a publichealth authority shall attempt to seek the cooperation of cases,carriers, contacts, or suspect cases to implement the least restrictivebut medically necessary procedures to protect the public health.
As added by P.L.16-2009, SEC.26.