IC 16-41-10
Chapter 10. Communicable Disease: Exposure Notification for
Emergency Care Providers
IC 16-41-10-1 "Emergency medical services provider" defined
Sec. 1. As used in this chapter, "emergency medical services
provider" means a firefighter, a law enforcement officer, a
paramedic, an emergency medical technician, a physician licensed
under IC 25-22.5, a nurse licensed under IC 25-23, or other person
who provides emergency medical services in the course of the
person's employment. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.15; P.L.212-2003, SEC.5.
IC 16-41-10-2 Notification of emergency medical services providers
Sec. 2. (a) An emergency medical services provider who is
exposed to blood or body fluids while providing emergency medical
services to a patient may request notification concerning exposure to
a dangerous communicable disease under this chapter if the exposure
is of a type that has been demonstrated epidemiologically to transmit
a dangerous communicable disease.
(b) If an emergency medical services provider desires to be
notified of results of testing following a possible exposure to a
dangerous communicable disease under this chapter, the emergency
medical services provider shall notify the emergency medical
services provider's employer not more than twenty-four (24) hours
after the emergency medical services provider is exposed on a form
that is prescribed by the state department and the Indiana emergency
medical services commission.
(c) The emergency medical services provider shall distribute a
copy of the completed form required under subsection (b) to the
following:
(1) If applicable, the medical director of the emergency
department of the medical facility:
(A) to which the patient was admitted following the
exposure; or
(B) in which the patient was located at the time of the
exposure.
(2) The emergency medical services provider's employer.
(3) The state department. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.16; P.L.212-2003, SEC.6.
IC 16-41-10-2.5 Consent by patient to testing and release of testing results; refusing
testing; petitioning court
Sec. 2.5. (a) A patient (including a patient who is unable to
consent due to physical or mental incapacity) to whose blood or body
fluids an emergency medical services provider is exposed as
described in section 2 of this chapter is considered to have consented
to:
(1) testing for the presence of a dangerous communicable
disease of a type that has been epidemiologically demonstrated
to be transmittable by an exposure of the kind experienced by
the emergency medical services provider; and
(2) release of the testing results to a medical director or
physician described in section 3 of this chapter.
The medical director or physician shall notify the emergency medical
services provider of the test results.
(b) If a patient described in subsection (a) refuses to provide a
blood or body fluid specimen for testing for a dangerous
communicable disease, the exposed emergency medical services
provider, the exposed emergency medical services provider's
employer, or the state department may petition the circuit or superior
court having jurisdiction in the county:
(1) of the patient's residence; or
(2) where the employer of the exposed emergency medical
services provider has the employer's principal office;
for an order requiring that the patient provide a blood or body fluid
specimen. As added by P.L.212-2003, SEC.7.
IC 16-41-10-3 Notification of facilities
Sec. 3. (a) Except as provided in subsection (b), if a patient to
whose blood or body fluids an emergency medical services provider
is exposed as described in section 2 of this chapter:
(1) is admitted to a medical facility following the exposure or
is located in a medical facility at the time of the exposure, a
physician designated by the medical facility shall, not more than
seventy-two (72) hours after the medical facility is notified
under section 2 of this chapter:
(A) cause a blood or body fluid specimen to be obtained
from the patient and testing to be performed for a dangerous
communicable disease of a type that has been
epidemiologically demonstrated to be transmittable by an
exposure of the kind experienced by the emergency medical
services provider; and
(B) notify the medical director of the emergency medical
services provider's employer; or
(2) is not described in subdivision (1), the exposed emergency
medical services provider, the exposed emergency medical
services provider's employer, or the state department may:
(A) arrange for testing of the patient as soon as possible; or
(B) petition the circuit or superior court having jurisdiction
in the county of the patient's residence or where the
employer of the exposed emergency medical services
provider has the employer's principal office for an order
requiring that the patient provide a blood or body fluid
specimen.
(b) An emergency medical services provider may, on the form
described in section 2 of this chapter, designate a physician other
than the medical director of the emergency medical services
provider's employer to receive the test results.
(c) The medical director or physician described in this section
shall notify the emergency medical services provider of the test
results not more than forty-eight (48) hours after the medical director
or physician receives the test results. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.17; P.L.212-2003, SEC.8; P.L.97-2004, SEC.69.
IC 16-41-10-3.5 Prohibiting physical restraint; releasing patient; immunity
Sec. 3.5. (a) A medical facility may not physically restrain a
patient described in section 2.5 of this chapter in order to test the
patient for the presence of a dangerous communicable disease.
(b) Nothing in this chapter prohibits a patient from being
discharged from a medical facility before:
(1) a test is performed under section 2.5 or 3 of this chapter; or
(2) the results of a test are released under section 3 of this
chapter.
(c) A provider or a facility that tests a patient for the presence of
a dangerous communicable disease under section 2.5 or section 3 of
this chapter is immune from liability for the performance of the test
over the patient's objection or without the patient's consent.
However, this subsection does not apply to an act or omission that
constitutes gross negligence or willful or wanton misconduct. As added by P.L.212-2003, SEC.9.
IC 16-41-10-4 Disclosure of exposure to infectious disease; treatment and
counseling
Sec. 4. (a) A medical director or physician notified under section
3 of this chapter shall, not more than forty-eight (48) hours after
receiving the notification under section 3 of this chapter, contact the
emergency medical services provider described in section 2 of this
chapter to do the following:
(1) Explain, without disclosing information about the patient,
the dangerous communicable disease to which the emergency
medical services provider was exposed.
(2) Provide for any medically necessary treatment and
counseling to the emergency medical services provider.
(b) Expenses of testing or treatment and counseling are the
responsibility of the emergency medical services provider or the
provider's employer. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.18; P.L.212-2003, SEC.10. IC 16-41-10-5 Disclosure of medical or epidemiological information; penalties
Sec. 5. (a) Except as otherwise provided in this chapter, the
medical information referred to in this chapter is confidential, and a
person may not disclose or be compelled to disclose medical or
epidemiological information referred to in this chapter.
(b) A person responsible for recording, reporting, or maintaining
information referred to in this chapter who recklessly, knowingly, or
intentionally discloses or fails to protect medical or epidemiological
information classified as confidential under this section commits a
Class A misdemeanor.
(c) In addition to the penalty prescribed by subsection (b), a
public employee who violates this section is subject to discharge or
other disciplinary action under the personnel rules of the agency that
employs the employee. As added by P.L.2-1993, SEC.24. Amended by P.L.212-2003,
SEC.11.
IC 16-41-10-6 Good faith reports; immunity
Sec. 6. A person who makes a report under this chapter in good
faith is not subject to liability in a civil, an administrative, a
disciplinary, or a criminal action. As added by P.L.2-1993, SEC.24.
IC 16-41-10-7 Violations
Sec. 7. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.2-1993, SEC.24.
IC 16-41-10-8 Rules
Sec. 8. The state department shall adopt rules under IC 4-22-2 to
carry out this chapter. As added by P.L.2-1993, SEC.24.
IC 16-41-10
Chapter 10. Communicable Disease: Exposure Notification for
Emergency Care Providers
IC 16-41-10-1 "Emergency medical services provider" defined
Sec. 1. As used in this chapter, "emergency medical services
provider" means a firefighter, a law enforcement officer, a
paramedic, an emergency medical technician, a physician licensed
under IC 25-22.5, a nurse licensed under IC 25-23, or other person
who provides emergency medical services in the course of the
person's employment. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.15; P.L.212-2003, SEC.5.
IC 16-41-10-2 Notification of emergency medical services providers
Sec. 2. (a) An emergency medical services provider who is
exposed to blood or body fluids while providing emergency medical
services to a patient may request notification concerning exposure to
a dangerous communicable disease under this chapter if the exposure
is of a type that has been demonstrated epidemiologically to transmit
a dangerous communicable disease.
(b) If an emergency medical services provider desires to be
notified of results of testing following a possible exposure to a
dangerous communicable disease under this chapter, the emergency
medical services provider shall notify the emergency medical
services provider's employer not more than twenty-four (24) hours
after the emergency medical services provider is exposed on a form
that is prescribed by the state department and the Indiana emergency
medical services commission.
(c) The emergency medical services provider shall distribute a
copy of the completed form required under subsection (b) to the
following:
(1) If applicable, the medical director of the emergency
department of the medical facility:
(A) to which the patient was admitted following the
exposure; or
(B) in which the patient was located at the time of the
exposure.
(2) The emergency medical services provider's employer.
(3) The state department. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.16; P.L.212-2003, SEC.6.
IC 16-41-10-2.5 Consent by patient to testing and release of testing results; refusing
testing; petitioning court
Sec. 2.5. (a) A patient (including a patient who is unable to
consent due to physical or mental incapacity) to whose blood or body
fluids an emergency medical services provider is exposed as
described in section 2 of this chapter is considered to have consented
to:
(1) testing for the presence of a dangerous communicable
disease of a type that has been epidemiologically demonstrated
to be transmittable by an exposure of the kind experienced by
the emergency medical services provider; and
(2) release of the testing results to a medical director or
physician described in section 3 of this chapter.
The medical director or physician shall notify the emergency medical
services provider of the test results.
(b) If a patient described in subsection (a) refuses to provide a
blood or body fluid specimen for testing for a dangerous
communicable disease, the exposed emergency medical services
provider, the exposed emergency medical services provider's
employer, or the state department may petition the circuit or superior
court having jurisdiction in the county:
(1) of the patient's residence; or
(2) where the employer of the exposed emergency medical
services provider has the employer's principal office;
for an order requiring that the patient provide a blood or body fluid
specimen. As added by P.L.212-2003, SEC.7.
IC 16-41-10-3 Notification of facilities
Sec. 3. (a) Except as provided in subsection (b), if a patient to
whose blood or body fluids an emergency medical services provider
is exposed as described in section 2 of this chapter:
(1) is admitted to a medical facility following the exposure or
is located in a medical facility at the time of the exposure, a
physician designated by the medical facility shall, not more than
seventy-two (72) hours after the medical facility is notified
under section 2 of this chapter:
(A) cause a blood or body fluid specimen to be obtained
from the patient and testing to be performed for a dangerous
communicable disease of a type that has been
epidemiologically demonstrated to be transmittable by an
exposure of the kind experienced by the emergency medical
services provider; and
(B) notify the medical director of the emergency medical
services provider's employer; or
(2) is not described in subdivision (1), the exposed emergency
medical services provider, the exposed emergency medical
services provider's employer, or the state department may:
(A) arrange for testing of the patient as soon as possible; or
(B) petition the circuit or superior court having jurisdiction
in the county of the patient's residence or where the
employer of the exposed emergency medical services
provider has the employer's principal office for an order
requiring that the patient provide a blood or body fluid
specimen.
(b) An emergency medical services provider may, on the form
described in section 2 of this chapter, designate a physician other
than the medical director of the emergency medical services
provider's employer to receive the test results.
(c) The medical director or physician described in this section
shall notify the emergency medical services provider of the test
results not more than forty-eight (48) hours after the medical director
or physician receives the test results. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.17; P.L.212-2003, SEC.8; P.L.97-2004, SEC.69.
IC 16-41-10-3.5 Prohibiting physical restraint; releasing patient; immunity
Sec. 3.5. (a) A medical facility may not physically restrain a
patient described in section 2.5 of this chapter in order to test the
patient for the presence of a dangerous communicable disease.
(b) Nothing in this chapter prohibits a patient from being
discharged from a medical facility before:
(1) a test is performed under section 2.5 or 3 of this chapter; or
(2) the results of a test are released under section 3 of this
chapter.
(c) A provider or a facility that tests a patient for the presence of
a dangerous communicable disease under section 2.5 or section 3 of
this chapter is immune from liability for the performance of the test
over the patient's objection or without the patient's consent.
However, this subsection does not apply to an act or omission that
constitutes gross negligence or willful or wanton misconduct. As added by P.L.212-2003, SEC.9.
IC 16-41-10-4 Disclosure of exposure to infectious disease; treatment and
counseling
Sec. 4. (a) A medical director or physician notified under section
3 of this chapter shall, not more than forty-eight (48) hours after
receiving the notification under section 3 of this chapter, contact the
emergency medical services provider described in section 2 of this
chapter to do the following:
(1) Explain, without disclosing information about the patient,
the dangerous communicable disease to which the emergency
medical services provider was exposed.
(2) Provide for any medically necessary treatment and
counseling to the emergency medical services provider.
(b) Expenses of testing or treatment and counseling are the
responsibility of the emergency medical services provider or the
provider's employer. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.18; P.L.212-2003, SEC.10. IC 16-41-10-5 Disclosure of medical or epidemiological information; penalties
Sec. 5. (a) Except as otherwise provided in this chapter, the
medical information referred to in this chapter is confidential, and a
person may not disclose or be compelled to disclose medical or
epidemiological information referred to in this chapter.
(b) A person responsible for recording, reporting, or maintaining
information referred to in this chapter who recklessly, knowingly, or
intentionally discloses or fails to protect medical or epidemiological
information classified as confidential under this section commits a
Class A misdemeanor.
(c) In addition to the penalty prescribed by subsection (b), a
public employee who violates this section is subject to discharge or
other disciplinary action under the personnel rules of the agency that
employs the employee. As added by P.L.2-1993, SEC.24. Amended by P.L.212-2003,
SEC.11.
IC 16-41-10-6 Good faith reports; immunity
Sec. 6. A person who makes a report under this chapter in good
faith is not subject to liability in a civil, an administrative, a
disciplinary, or a criminal action. As added by P.L.2-1993, SEC.24.
IC 16-41-10-7 Violations
Sec. 7. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.2-1993, SEC.24.
IC 16-41-10-8 Rules
Sec. 8. The state department shall adopt rules under IC 4-22-2 to
carry out this chapter. As added by P.L.2-1993, SEC.24.
IC 16-41-10
Chapter 10. Communicable Disease: Exposure Notification for
Emergency Care Providers
IC 16-41-10-1 "Emergency medical services provider" defined
Sec. 1. As used in this chapter, "emergency medical services
provider" means a firefighter, a law enforcement officer, a
paramedic, an emergency medical technician, a physician licensed
under IC 25-22.5, a nurse licensed under IC 25-23, or other person
who provides emergency medical services in the course of the
person's employment. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.15; P.L.212-2003, SEC.5.
IC 16-41-10-2 Notification of emergency medical services providers
Sec. 2. (a) An emergency medical services provider who is
exposed to blood or body fluids while providing emergency medical
services to a patient may request notification concerning exposure to
a dangerous communicable disease under this chapter if the exposure
is of a type that has been demonstrated epidemiologically to transmit
a dangerous communicable disease.
(b) If an emergency medical services provider desires to be
notified of results of testing following a possible exposure to a
dangerous communicable disease under this chapter, the emergency
medical services provider shall notify the emergency medical
services provider's employer not more than twenty-four (24) hours
after the emergency medical services provider is exposed on a form
that is prescribed by the state department and the Indiana emergency
medical services commission.
(c) The emergency medical services provider shall distribute a
copy of the completed form required under subsection (b) to the
following:
(1) If applicable, the medical director of the emergency
department of the medical facility:
(A) to which the patient was admitted following the
exposure; or
(B) in which the patient was located at the time of the
exposure.
(2) The emergency medical services provider's employer.
(3) The state department. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.16; P.L.212-2003, SEC.6.
IC 16-41-10-2.5 Consent by patient to testing and release of testing results; refusing
testing; petitioning court
Sec. 2.5. (a) A patient (including a patient who is unable to
consent due to physical or mental incapacity) to whose blood or body
fluids an emergency medical services provider is exposed as
described in section 2 of this chapter is considered to have consented
to:
(1) testing for the presence of a dangerous communicable
disease of a type that has been epidemiologically demonstrated
to be transmittable by an exposure of the kind experienced by
the emergency medical services provider; and
(2) release of the testing results to a medical director or
physician described in section 3 of this chapter.
The medical director or physician shall notify the emergency medical
services provider of the test results.
(b) If a patient described in subsection (a) refuses to provide a
blood or body fluid specimen for testing for a dangerous
communicable disease, the exposed emergency medical services
provider, the exposed emergency medical services provider's
employer, or the state department may petition the circuit or superior
court having jurisdiction in the county:
(1) of the patient's residence; or
(2) where the employer of the exposed emergency medical
services provider has the employer's principal office;
for an order requiring that the patient provide a blood or body fluid
specimen. As added by P.L.212-2003, SEC.7.
IC 16-41-10-3 Notification of facilities
Sec. 3. (a) Except as provided in subsection (b), if a patient to
whose blood or body fluids an emergency medical services provider
is exposed as described in section 2 of this chapter:
(1) is admitted to a medical facility following the exposure or
is located in a medical facility at the time of the exposure, a
physician designated by the medical facility shall, not more than
seventy-two (72) hours after the medical facility is notified
under section 2 of this chapter:
(A) cause a blood or body fluid specimen to be obtained
from the patient and testing to be performed for a dangerous
communicable disease of a type that has been
epidemiologically demonstrated to be transmittable by an
exposure of the kind experienced by the emergency medical
services provider; and
(B) notify the medical director of the emergency medical
services provider's employer; or
(2) is not described in subdivision (1), the exposed emergency
medical services provider, the exposed emergency medical
services provider's employer, or the state department may:
(A) arrange for testing of the patient as soon as possible; or
(B) petition the circuit or superior court having jurisdiction
in the county of the patient's residence or where the
employer of the exposed emergency medical services
provider has the employer's principal office for an order
requiring that the patient provide a blood or body fluid
specimen.
(b) An emergency medical services provider may, on the form
described in section 2 of this chapter, designate a physician other
than the medical director of the emergency medical services
provider's employer to receive the test results.
(c) The medical director or physician described in this section
shall notify the emergency medical services provider of the test
results not more than forty-eight (48) hours after the medical director
or physician receives the test results. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.17; P.L.212-2003, SEC.8; P.L.97-2004, SEC.69.
IC 16-41-10-3.5 Prohibiting physical restraint; releasing patient; immunity
Sec. 3.5. (a) A medical facility may not physically restrain a
patient described in section 2.5 of this chapter in order to test the
patient for the presence of a dangerous communicable disease.
(b) Nothing in this chapter prohibits a patient from being
discharged from a medical facility before:
(1) a test is performed under section 2.5 or 3 of this chapter; or
(2) the results of a test are released under section 3 of this
chapter.
(c) A provider or a facility that tests a patient for the presence of
a dangerous communicable disease under section 2.5 or section 3 of
this chapter is immune from liability for the performance of the test
over the patient's objection or without the patient's consent.
However, this subsection does not apply to an act or omission that
constitutes gross negligence or willful or wanton misconduct. As added by P.L.212-2003, SEC.9.
IC 16-41-10-4 Disclosure of exposure to infectious disease; treatment and
counseling
Sec. 4. (a) A medical director or physician notified under section
3 of this chapter shall, not more than forty-eight (48) hours after
receiving the notification under section 3 of this chapter, contact the
emergency medical services provider described in section 2 of this
chapter to do the following:
(1) Explain, without disclosing information about the patient,
the dangerous communicable disease to which the emergency
medical services provider was exposed.
(2) Provide for any medically necessary treatment and
counseling to the emergency medical services provider.
(b) Expenses of testing or treatment and counseling are the
responsibility of the emergency medical services provider or the
provider's employer. As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995,
SEC.18; P.L.212-2003, SEC.10. IC 16-41-10-5 Disclosure of medical or epidemiological information; penalties
Sec. 5. (a) Except as otherwise provided in this chapter, the
medical information referred to in this chapter is confidential, and a
person may not disclose or be compelled to disclose medical or
epidemiological information referred to in this chapter.
(b) A person responsible for recording, reporting, or maintaining
information referred to in this chapter who recklessly, knowingly, or
intentionally discloses or fails to protect medical or epidemiological
information classified as confidential under this section commits a
Class A misdemeanor.
(c) In addition to the penalty prescribed by subsection (b), a
public employee who violates this section is subject to discharge or
other disciplinary action under the personnel rules of the agency that
employs the employee. As added by P.L.2-1993, SEC.24. Amended by P.L.212-2003,
SEC.11.
IC 16-41-10-6 Good faith reports; immunity
Sec. 6. A person who makes a report under this chapter in good
faith is not subject to liability in a civil, an administrative, a
disciplinary, or a criminal action. As added by P.L.2-1993, SEC.24.
IC 16-41-10-7 Violations
Sec. 7. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.2-1993, SEC.24.
IC 16-41-10-8 Rules
Sec. 8. The state department shall adopt rules under IC 4-22-2 to
carry out this chapter. As added by P.L.2-1993, SEC.24.
