reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-6. Compliance With Data Collection Requirements

Sec. 6. The following shall comply with the data collection requirements of the program:
(1) A health coverage provider.
(2) A health care provider.
(3) An out-of-state health coverage provider that:
(A) provides health coverage;
(B) administers health coverage provided; or
(C) maintains records concerning health coverage provided;
to an individual who resides or receives health care services in Indiana.
(4) An out-of-state health care provider that:
(A) provides health care services; or
(B) maintains records concerning health care services provided;
to an individual who resides or receives health care services in Indiana.
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-7. Confidentiality of Information

Sec. 7. (a) Health care quality indicator data and other information collected under this chapter, or resulting from the program, from which the identity of a person, including:
(1) an individual;
(2) a health coverage provider; or
(3) a health care provider;
may be ascertained is confidential and, unless otherwise specified under state or federal law, may not be released to any person without the written consent of the identified person.
(b) Communications, including printed documents, by:
(1) an employee;
(2) an officer;
(3) a governing board member; or
(4) an agent;
of a hospital (licensed under IC 16-21) for the purpose of collecting, identifying, reviewing, or producing data for a health care quality indicator data program under this chapter are confidential.
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-8. Confidentiality of Financial Information

Sec. 8. Financial information that:
(1) is collected under this chapter; or
(2) results from the program;
is confidential.
As added by P.L.95-2005, SEC.5.
2023 Indiana Code › Title 16. Health › Article 40. Other Reporting Requirements › Chapter 4. Health Care Quality Indicator Data Program › 16-40-4-10. Records Confidential Under Chapter Remain Confidential After Chapter Expires

Sec. 10. Any information that is confidential under IC 16-40-5 (expired June 30, 2010) remains confidential after IC 16-40-5 expires.
As added by P.L.220-2011, SEC.318. Amended by P.L.63-2012, SEC.22.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 1. Communicable Disease: General Provisions › 16-41-1-1. Selection of Treatment

Sec. 1. This article is not intended to interfere with the right of an individual to select any mode of treatment, including reliance upon spiritual means through prayer alone for healing.
[Pre-1993 Recodification Citations: 16-1-9.5-8; 16-1-10.5-23.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 1. Communicable Disease: General Provisions › 16-41-1-2. Rules

Sec. 2. The state department may adopt rules under IC 4-22-2 to implement this article.
[Pre-1993 Recodification Citation: 16-1-10.5-24.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 1. Communicable Disease: General Provisions › 16-41-1-3. Violations

Sec. 3. (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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 1. Communicable Disease: General Provisions › 16-41-1-4. Rules

Sec. 4. The state department may adopt rules concerning:
(1) sanitation requirements;
(2) requirements for education on sanitation; and
(3) any other health concerns;
associated with threading (as defined in IC 25-8-2-19).
As added by P.L.78-2008, SEC.1.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-1. Rules; Publication of List of Diseases

Sec. 1. (a) The state department may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, that establish reporting, monitoring, and preventive procedures for communicable diseases.
(b) The state department shall publish a list of:
(1) reportable communicable diseases;
(2) other diseases or conditions that pose a serious health risk based upon the characteristics of the disease or condition; and
(3) the control measures for the diseases and conditions;
on the state department's Internet web site. The state department is not required to adopt rules under subsection (a) for the list described in this subsection.
(c) In updating the list described in subsection (b), the state department:
(1) shall consider recommendations from:
(A) the United States Centers for Disease Control and Prevention; and
(B) the Council of State and Territorial Epidemiologists; and
(2) may consult with local health departments.
[Pre-1993 Recodification Citation: 16-1-9.5-1.]
As added by P.L.2-1993, SEC.24. Amended by P.L.8-2008, SEC.2; P.L.218-2019, SEC.7; P.L.112-2020, SEC.13.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 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 the administrator's representative; or
(3) director of a medical laboratory or the director's representative;
shall report to the local or state health officer designated by the state department the information required to be reported by the rules adopted under section 1 of this chapter.
[Pre-1993 Recodification Citation: 16-1-9.5-2(a).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-3. Reporting of HIV and AIDS Cases

Sec. 3. (a) The following persons shall report to the state department each case of human immunodeficiency virus (HIV) infection, including each confirmed case of acquired immune deficiency 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 blood transfusions before being diagnosed as having AIDS or HIV infection;
(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 involve a 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 written study protocol has been filed with the state department;
(2) who is tested anonymously at a designated counseling or testing site; or
(3) who is tested by a health care provider permitted by rule by the state department to use a number identifier code;
may not include the name or other identifying characteristics of the individual tested.
[Pre-1993 Recodification Citation: 16-1-9.5-2(b), (c) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.293-2001, SEC.2.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-4. Waiver of Physician-Patient Privilege

Sec. 4. A patient's privilege with respect to a physician under IC 34-46-3-1 is waived regarding information reported to a local or state health officer under this chapter.
[Pre-1993 Recodification Citation: 16-1-9.5-2(h).]
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.121.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-5. Satisfaction of Statutory Notification Duties

Sec. 5. A person who reports information as required by this chapter does not satisfy the duties that exist under IC 16-41-7-3 or other laws to provide notification to persons identified as being at significant risk of being infected by the individual who is the subject of the report.
[Pre-1993 Recodification Citation: 16-1-9.5-2(e).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-6. Good Faith Reporting; Immunity

Sec. 6. A person who makes a report under this chapter in good faith is not subject to liability in:
(1) a civil;
(2) an administrative;
(3) a disciplinary; or
(4) a criminal;
action.
[Pre-1993 Recodification Citation: 16-1-9.5-2(f).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-7. False Reporting; Liability

Sec. 7. A person who knowingly or recklessly makes a false report under this chapter is civilly liable for actual damages suffered by a person who is falsely reported and for punitive damages.
[Pre-1993 Recodification Citation: 16-1-9.5-2(g).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-8. Failure to Report Required Information; Penalty

Sec. 8. A person who fails to report information as required by this chapter commits a Class A infraction.
[Pre-1993 Recodification Citation: 16-1-9.5-2(d).]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 2. Communicable Disease: Reporting of Communicable or Serious Diseases › 16-41-2-9. Violations

Sec. 9. (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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 3. Communicable Disease: Compilation of Data for Purposes of Preventing Spread of Disease › 16-41-3-1. Rules; Procedures; Notice

Sec. 1. (a) The state department may adopt rules under IC 4-22-2 concerning the compilation for statistical purposes of information collected under IC 16-41-2.
(b) The state department shall adopt procedures to gather, monitor, and tabulate case reports of incidents involving serious communicable diseases or unnatural outbreaks of diseases known or suspected to be used as weapons. The state department shall specifically engage in medical surveillance, tabulation, and reporting of confirmed or suspected cases set forth by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the United States Public Health Service of the United States Department of Health and Human Services.
(c) The state department shall notify the:
(1) department of homeland security;
(2) Indiana State Police; and
(3) county health department and local law enforcement agency having jurisdiction of each unnatural outbreak or reported case described in subsection (b);
as soon as possible after the state department receives a report under subsection (b). Notification under this subsection must be made not more than twenty-four (24) hours after receiving a report.
[Pre-1993 Recodification Citation: 16-1-9.5-2(c) part.]
As added by P.L.2-1993, SEC.24. Amended by P.L.156-2001, SEC.4; P.L.1-2006, SEC.304; P.L.112-2020, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 3. Communicable Disease: Compilation of Data for Purposes of Preventing Spread of Disease › 16-41-3-2. Duties of State Department of Health

Sec. 2. (a) The state department shall tabulate all case reports of tuberculosis and other serious communicable diseases reported under this article or under rules adopted under this article. The state department shall determine the prevalence and distribution of disease in Indiana and devise methods for restricting and controlling disease.
(b) The state department shall include the information on the prevalence and distribution of tuberculosis and other serious communicable diseases in the state department's annual report.
(c) The state department shall disseminate the information prepared under this section.
(d) The state department shall develop capabilities and procedures to perform preliminary analysis and identification in as close to a real time basis as is scientifically possible of unknown bacterial substances that have been or may be employed as a weapon. The state department shall implement the developed capacity and procedures immediately after the state department achieves a Level B capability as determined by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the United States Public Health Service of the United States Department of Health and Human Services.
[Pre-1993 Recodification Citation: 16-1-10.5-8.]
As added by P.L.2-1993, SEC.24. Amended by P.L.156-2001, SEC.5; P.L.112-2020, SEC.15.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 3. Communicable Disease: Compilation of Data for Purposes of Preventing Spread of Disease › 16-41-3-3. Violations

Sec. 3. (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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 4. Communicable Disease: HIV Literature › 16-41-4-1. Content

Sec. 1. The state department must provide information stressing the moral aspects of abstinence from sexual activity in any literature that the state department distributes to school children and young adults concerning available methods for the prevention of the human immunodeficiency virus (HIV). Such literature must state that the best way to prevent HIV transmission as a result of sexual activity is for young people to refrain from sexual activity until the young people are ready as adults to establish, in the context of marriage, a mutually faithful monogamous relationship.
[Pre-1993 Recodification Citation: 16-1-9.6-1.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.16.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 4. Communicable Disease: HIV Literature › 16-41-4-2. Distribution to School Children

Sec. 2. The state department may not distribute HIV literature described in section 1 of this chapter to school children without the consent of the governing body of the school corporation the school children attend.
[Pre-1993 Recodification Citation: 16-1-9.6-2.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.17.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 4. Communicable Disease: HIV Literature › 16-41-4-3. Violations

Sec. 3. (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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 5. Communicable Disease: Investigation by Health Officers; Examination of Individuals With Communicable Disease › 16-41-5-1. Entry Upon Private Property; Conditions

Sec. 1. (a) The state department may designate an agent who may enter upon private property to inspect for and investigate possible violations of this article or a rule adopted under this article if all of the following conditions are met:
(1) The agent has probable cause to believe that evidence of a health threat exists on private property.
(2) The agent presents proper credentials.
(3) Emergency circumstances exist or a warrant is issued.
(b) This section does not impair the authority of the state department to enter public or private property as authorized by law.
[Pre-1993 Recodification Citation: 16-1-9.5-10(a) part.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 5. Communicable Disease: Investigation by Health Officers; Examination of Individuals With Communicable Disease › 16-41-5-2. Investigation of Individuals With a Communicable Disease; Intervention

Sec. 2. The health officer may make an investigation of each individual with a communicable disease to determine whether the environmental conditions surrounding the individual with a communicable disease or the conduct of the individual with a communicable disease requires intervention by the health officer or designated health official to prevent the transmission of disease to others.
[Pre-1993 Recodification Citation: 16-1-10.5-10.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.18.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 5. Communicable Disease: Investigation by Health Officers; Examination of Individuals With Communicable Disease › 16-41-5-3. Violations

Sec. 3. (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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-0.5. "Standard Licensed Diagnostic Test for Hiv"

Sec. 0.5. As used in this chapter, "standard licensed diagnostic test for HIV" means a test recognized by the state department as a standard licensed diagnostic test for the antibody or antigen to HIV.
As added by P.L.237-2003, SEC.5.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-2. Informed Consent; Court Ordered Examinations

Sec. 2. (a) As used in this section, "informed consent" means authorization for a physical examination, made without undue inducement or any form of force, fraud, constraint, deceit, duress, or coercion after the following:
(1) A fair explanation of the examination, including the purpose, potential uses, limitations, and the fair meaning of the examination results.
(2) A fair explanation of the procedures to be followed, including the following:
(A) The voluntary nature of the examination.
(B) The right to withdraw consent to the examination process at any time.
(C) The right to anonymity to the extent provided by law with respect to participation in the examination and disclosure of examination results.
(D) The right to confidential treatment to the extent provided by law of information identifying the subject of the examination and the results of the examination.
(b) If the state health commissioner, the state health commissioner's legally authorized agent, or local health official has reasonable grounds to believe that an individual may have a communicable disease or other disease that poses a serious health risk, the state health commissioner, the state health commissioner's legally authorized agent, or local health officer may ask the individual for written informed consent to be examined to prevent the transmission of the disease to other individuals.
(c) If the individual, when requested, refuses such an examination, the state health commissioner, the state health commissioner's legally authorized agent, or local health officer may compel the examination only upon a court order based on clear and convincing evidence of a serious and present health threat to others posed by the individual.
(d) A hearing held under this section shall be held in camera at the request of the individual.
[Pre-1993 Recodification Citation: 16-1-9.5-3.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.20.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-2.5. Repealed

As added by P.L.255-1996, SEC.13. Repealed by P.L.237-2003, SEC.18.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-3. Violations

Sec. 3. (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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-4. Testing Newborn Infants; Confidentiality; Notice; Information on Treatment Options; Objecting; Rules; Application for Funds Under Ryan White Care Amendments

Sec. 4. (a) Subject to subsection (f), if:
(1) the mother of a newborn infant has not had a test performed under section 5 or 6 of this chapter;
(2) the mother of a newborn infant has refused a test for the newborn infant to detect HIV or the antibody or antigen to HIV; and
(3) a physician believes that testing the newborn infant is medically necessary;
the physician overseeing the care of the newborn infant may order a confidential test for the newborn infant in order to detect HIV or the antibody or antigen to HIV. The test must be ordered at the earliest feasible time not exceeding forty-eight (48) hours after the birth of the infant.
(b) If the physician orders a test under subsection (a), the physician must:
(1) notify the mother of the newborn infant of the test; and
(2) provide HIV information and counseling to the mother. The information and counseling must include the following:
(A) The purpose of the test.
(B) The risks and benefits of the test.
(C) A description of the methods of HIV transmission.
(D) A discussion of risk reduction behavior modifications, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk.
(E) Referral information to other HIV prevention, health care, and psychosocial services.
(c) The confidentiality provisions of IC 16-41-2-3 apply to this section.
(d) The results of the confidential test ordered under subsection (a) must be released to the mother of the newborn infant.
(e) If a test ordered under subsection (a) is positive, the person who provides the results of the test shall inform the mother of the newborn infant of treatment options or referral options available to the newborn infant.
(f) If a parent of the newborn infant objects in writing for reasons pertaining to religious beliefs, the newborn infant is exempt from the test under subsection (a).
(g) The state department shall adopt rules under IC 4-22-2 to carry out this section.
(h) The results of a test performed under this section are confidential.
(i) The state department shall apply for funds under Section 2625 of the Ryan White CARE Amendments of 1996 (42 U.S.C. 300ff-21 et seq.) to pay for all tests conducted under subsection (a).
As added by P.L.106-1998, SEC.2. Amended by P.L.237-2003, SEC.7; P.L.220-2011, SEC.319.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-5. Ordering and Submitting a Pregnant Woman's Blood Sample for Testing

Sec. 5. (a) This section applies to:
(1) a physician licensed under IC 25-22.5; or
(2) an advanced practice registered nurse licensed under IC 25-23;
who provides prenatal care within the scope of the provider's license.
(b) Subject to section 8 of this chapter, an individual described in subsection (a) who:
(1) diagnoses the pregnancy of a woman; or
(2) is primarily responsible for providing prenatal care to a pregnant woman;
shall order to be taken a sample of the pregnant woman's blood and shall submit the sample to an approved laboratory for a standard licensed diagnostic test for HIV.
As added by P.L.237-2003, SEC.8. Amended by P.L.129-2018, SEC.13.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-6. No Written Evidence of Testing; Ordering and Submitting Sample

Sec. 6. Subject to section 8 of this chapter, if, at the time of delivery, there is no written evidence that a standard licensed diagnostic test for HIV has been performed under section 5 of this chapter, the physician or advanced practice registered nurse in attendance at the delivery shall order to be taken a sample of the woman's blood at the time of the delivery and shall submit the sample to an approved laboratory for a standard licensed diagnostic test for HIV.
As added by P.L.237-2003, SEC.9. Amended by P.L.129-2018, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-7. Right to Refuse Test

Sec. 7. A pregnant woman has a right to refuse a test under section 5 or 6 of this chapter.
As added by P.L.237-2003, SEC.10.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-8. Informing Pregnant Woman of Information; Documenting Information Given and a Refusal of Test; Information if Test Results Positive; Confidentiality

Sec. 8. (a) This section applies to a physician or an advanced practice registered nurse who orders an HIV test under section 5 or 6 of this chapter or to the physician's or nurse's designee.
(b) An individual described in subsection (a) shall:
(1) inform the pregnant woman that:
(A) the individual is required by law to order an HIV test unless the pregnant woman refuses; and
(B) the pregnant woman has a right to refuse the test; and
(2) explain to the pregnant woman:
(A) the purpose of the test; and
(B) the risks and benefits of the test.
(c) An individual described in subsection (a) shall document in the pregnant woman's medical records that the pregnant woman received the information required under subsection (b).
(d) If a pregnant woman refuses to consent to an HIV test, the refusal must be noted by an individual described in subsection (a) in the pregnant woman's medical records.
(e) If a test ordered under section 5 or 6 of this chapter is positive, an individual described in subsection (a):
(1) shall inform the pregnant woman of the test results;
(2) shall inform the pregnant woman of the treatment options or referral options available to the pregnant woman; and
(3) shall:
(A) provide the pregnant woman with a description of the methods of HIV transmission;
(B) discuss risk reduction behavior modifications with the pregnant woman, including methods to reduce the risk of perinatal HIV transmission and HIV transmission through breast milk; and
(C) provide the pregnant woman with referral information to other HIV prevention, health care, and psychosocial services.
(f) The provisions of IC 16-41-2-3 apply to a positive HIV test under section 5 or 6 of this chapter.
(g) The results of a test performed under section 5 or 6 of this chapter are confidential.
(h) As a routine component of prenatal care, every individual described in subsection (a) is required to provide information and counseling regarding HIV and the standard licensed diagnostic test for HIV and to offer and recommend the standard licensed diagnostic test for HIV.
(i) An individual described in subsection (a) shall document:
(1) the oral or written consent of the pregnant woman to be tested; and
(2) that the pregnant woman was counseled and provided the required information set forth in subsection (b) to ensure that an informed decision has been made.
(j) A pregnant woman who refuses a test under this section must do so in writing.
As added by P.L.237-2003, SEC.11. Amended by P.L.97-2004, SEC.68; P.L.112-2011, SEC.1; P.L.129-2018, SEC.15.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-9. Information on Confidential Part of Birth Certificate

Sec. 9. The state department shall require, on the confidential part of each birth certificate and stillbirth certificate retained by the state department, in addition to the information otherwise required to be included on the certificate, the following information:
(1) Whether a standard licensed diagnostic test for HIV was performed on the woman who bore the child.
(2) If a standard licensed diagnostic test for HIV was performed:
(A) the date the blood specimen was taken; and
(B) whether the test was performed during pregnancy or at the time of delivery.
(3) If a standard licensed diagnostic test for HIV was not performed, the reason the test was not performed.
As added by P.L.237-2003, SEC.12.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-10. Distributing Information on HIV Treatment Options

Sec. 10. The state department shall distribute to physicians and to other individuals who are allowed by law to attend a pregnant woman information available from the federal Centers for Disease Control and Prevention that explains the treatment options available to an individual who has a positive test for HIV.
As added by P.L.237-2003, SEC.13.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-11. Rules

Sec. 11. (a) The state department shall adopt rules under IC 4-22-2 that include procedures:
(1) to inform the woman of the test results under this chapter, whether they are positive or negative;
(2) for explaining the side effects of any treatment for HIV if the test results under this chapter are positive; and
(3) to establish a process for a woman who tests positive under this chapter to appeal the woman's status on a waiting list on a treatment program for which the woman is eligible. The rule must:
(A) include a requirement that the state department make a determination in the process described in this subdivision not later than seventy-two (72) hours after the state department receives all the requested medical information; and
(B) set forth the necessary medical information that must be provided to the state department and reviewed by the state department in the process described in this subdivision.
(b) The state department shall maintain rules under IC 4-22-2 that set forth standards to provide to women who are pregnant, before delivery, at delivery, and after delivery, information concerning HIV. The rules must include:
(1) an explanation of the nature of AIDS and HIV;
(2) information concerning discrimination and legal protections;
(3) information concerning the duty to notify persons at risk as described in IC 16-41-7-1;
(4) information about risk behaviors for HIV transmission;
(5) information about the risk of transmission through breast feeding;
(6) notification that if the woman chooses not to be tested for HIV before delivery, at delivery the child will be tested subject to section 4 of this chapter;
(7) procedures for obtaining informed, written consent for testing under this chapter;
(8) procedures for post-test counseling by a health care provider when the test results are communicated to the woman, whether the results are positive or negative;
(9) procedures for referral for physical and emotional services if the test results are positive;
(10) procedures for explaining the importance of immediate entry into medical care if the test results are positive; and
(11) procedures for explaining that the use of antiretroviral drugs and other medical interventions lessen the likelihood of transmitting HIV to the child during childbirth.
As added by P.L.237-2003, SEC.14. Amended by P.L.112-2020, SEC.21.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-12. Completing HIV Test History and Assessment Form; Retaining Copy of Form in Patient's Medical File; Systemwide Evaluation of Prenatal HIV Testing

Sec. 12. (a) The state department shall provide that an HIV test history and assessment form from the patient's medical records or an interview with the patient must be filled out. The state department shall develop the form to determine if:
(1) the patient is HIV positive and has been informed; or
(2) the patient was tested during the current pregnancy and tested negative or was not tested during the current pregnancy and the HIV status is unknown.
(b) The form required under subsection (a) must identify what special support or assistance for continued medical care the patient might need as a result of a positive test.
(c) A copy of the form must be:
(1) kept in the patient's medical file;
(2) kept in the baby's medical file; and
(3) given to the doctor in the hospital designated to administer the newborn HIV testing program.
(d) The state department must maintain a systemwide evaluation of prenatal HIV testing in Indiana. The state department shall prescribe the HIV test history and assessment form and a newborn blood screening form. The state department shall remove all identifying information from the maternal test history before the state department performs its analyses and shall not maintain HIV test history data with identifying information.
As added by P.L.237-2003, SEC.15.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 6. Communicable Disease: Mandatory Testing of Individuals With Communicable or Serious Diseases › 16-41-6-13. Treatment Program Access for Women Who Test Positive for HIV

Sec. 13. (a) Women who:
(1) meet all qualifications to participate in the children's health insurance program, the AIDS drug assistance program, the health insurance assistance program, or any other health care program of the state; and
(2) test positive under section 5 or 6 of this chapter;
shall be given first priority on a waiting list for the program if a waiting list exists. If a program does not have a waiting list, the woman described in this subsection shall be automatically approved and accepted into the program.
(b) If the state department determines during the process described in section 11(a)(3) of this chapter that the treatment of a woman who tests positive under this chapter should not be interrupted because of medical necessity, the woman may enter a program described in subsection (a) regardless of the existence of a waiting list for the program.
As added by P.L.237-2003, SEC.16.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7. Communicable Disease: Duty or Authority to Inform or Notify › 16-41-7-1. Individual With a Communicable Disease's Duty to Inform Persons at Risk

Sec. 1. (a) This section applies to the following serious communicable diseases:
(1) Human immunodeficiency virus (HIV).
(2) Hepatitis B.
(b) As used in this section, "high risk activity" means sexual or needle sharing contact that has been epidemiologically demonstrated, as determined by the federal Centers for Disease Control and Prevention, to bear a significant risk of transmitting a serious communicable disease described in subsection (a).
(c) As used in this section, "person at risk" means:
(1) past and present sexual or needle sharing partners who may have engaged in high risk activity; or
(2) sexual or needle sharing partners before engaging in high risk activity;
with an individual with a communicable disease who has a serious communicable disease described in subsection (a).
(d) Individuals with a communicable disease who know of their status as an individual with a communicable disease and have a serious communicable disease described in subsection (a) have a duty to inform or cause to be notified by a third party a person at risk of the following:
(1) The individual with a communicable disease's disease status.
(2) The need to seek health care such as counseling and testing.
[Pre-1993 Recodification Citation: 16-1-10.5-8.5.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.22.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7. Communicable Disease: Duty or Authority to Inform or Notify › 16-41-7-2. Reporting of Persons Posing a Serious and Present Risk or Being at Risk

Sec. 2. (a) An individual with a communicable disease is a "serious and present risk to the health of others" under the following conditions:
(1) The individual with a communicable disease engages repeatedly in a behavior that has been demonstrated epidemiologically (as defined by rules adopted by the state department under IC 4-22-2) to transmit a serious communicable disease or that indicates a careless disregard for the transmission of the disease to others.
(2) The individual with a communicable disease's past behavior or statements indicate an imminent risk that the individual with a communicable disease will engage in behavior that transmits a serious communicable disease to others.
(3) The individual with a communicable disease has failed or refused to carry out the individual with a communicable disease's duty to inform under section 1 of this chapter.
(b) A person who has reasonable cause to believe that a person:
(1) is a serious and present risk to the health of others as described 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 good faith is not subject to liability in a civil, an administrative, a disciplinary, or a criminal action.
(d) A person who knowingly or recklessly makes a false report under subsection (b) is civilly liable for actual damages suffered by a person reported on and for punitive damages.
[Pre-1993 Recodification Citations: 16-1-10.5-9; 16-1-10.5-11.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.23.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7. Communicable Disease: Duty or Authority to Inform or Notify › 16-41-7-3. Notification by Physician

Sec. 3. (a) A licensed physician who diagnoses, treats, or counsels a patient with a serious communicable disease shall inform the patient of the patient's duty under section 1 of this chapter.
(b) A physician described in subsection (a) may notify the following:
(1) A health officer if the physician has reasonable cause to believe that a patient:
(A) is a serious and present risk to the health of others as described 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 in section 1 of this chapter).
(2) A person at risk (as defined in section 1 of this chapter) or a person legally responsible for the patient if the physician:
(A) has medical verification that the patient is an individual with a communicable disease;
(B) knows the identity of the person at risk;
(C) has a reasonable belief of a significant risk of harm to the identified person at risk;
(D) has reason to believe the identified person at risk has not been informed and will not be informed of the risk by the patient or another person; and
(E) has made reasonable efforts to inform the individual with a communicable disease of the physician's intent to make or cause the state department to make a disclosure to the person at risk.
(c) A physician who notifies a person at risk under this section shall do the following:
(1) Identify the serious communicable disease.
(2) Inform the person of available health care measures such as counseling and testing.
(d) A physician who in good faith provides notification under this section is not subject to liability in a civil, an administrative, a disciplinary, or a criminal action.
(e) A patient's privilege with respect to a physician under IC 34-46-3-1 is waived regarding:
(1) notification under subsection (b); and
(2) information provided about a patient's noncompliant behavior 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 to protect an identified person who is at epidemiological risk of infection.
(g) A physician who notifies a person under this section is also required to satisfy the reporting requirements under IC 16-41-2-2 through IC 16-41-2-8.
[Pre-1993 Recodification Citation: 16-1-10.5-11.5.]
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.122; P.L.112-2020, SEC.24; P.L.56-2023, SEC.158.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7. Communicable Disease: Duty or Authority to Inform or Notify › 16-41-7-4. Investigation of Persons With a Communicable Disease; Notification of Persons at Risk

Sec. 4. (a) As used in this section, "person at risk" means an individual who in the best judgment of a licensed physician:
(1) has engaged in high risk activity (as defined in section 1 of this chapter); or
(2) is in imminent risk of engaging in high risk activity (as defined in section 1 of this chapter).
(b) If a health officer is notified in writing by a physician under section 3(b)(1)(A) of this chapter of a patient:
(1) for whom the physician has medical verification that the patient is an individual with a communicable disease; and
(2) who, in the best judgment of the physician, is a serious and present risk to the health of others;
the health officer shall make an investigation of the individual with a communicable disease as authorized in IC 16-41-5-2 to determine whether the environmental conditions surrounding the individual with a communicable disease or the conduct of the individual with a communicable disease requires the intervention by the health officer or designated health official to prevent the transmission of disease to others.
(c) If the state department is requested in writing by a physician who has complied with the requirements of section 3(b)(2) of this chapter to notify a person at risk, the state department shall notify the person at risk unless, in the opinion of the state department, the person at risk:
(1) has already been notified;
(2) will be notified; or
(3) will otherwise be made aware that the person is a person at risk.
(d) The state department shall establish a confidential registry of all persons submitting written requests under subsection (c).
(e) The state department shall adopt rules under IC 4-22-2 to implement this section. Local health officers may submit advisory guidelines 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. The state department shall fully consider such advisory guidelines before adopting 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.
[Pre-1993 Recodification Citation: 16-1-10.5-11.6.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.25.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7. Communicable Disease: Duty or Authority to Inform or Notify › 16-41-7-5. Violations

Sec. 5. (a) Except as provided in IC 35-45-21-3, 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.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1999, SEC.47; P.L.158-2013, SEC.240.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7.5. Communicable Disease: Syringe Exchange Program › 16-41-7.5-1. "Local Health Department"

Sec. 1. As used in this chapter, "local health department" refers to:
(1) a local health department established under IC 16-20; or
(2) the health and hospital corporation created under IC 16-22-8.
As added by P.L.208-2015, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7.5. Communicable Disease: Syringe Exchange Program › 16-41-7.5-2. "Program"

Sec. 2. As used in this chapter, "program" means a syringe exchange program operated under this chapter.
As added by P.L.208-2015, SEC.9.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 7.5. Communicable Disease: Syringe Exchange Program › 16-41-7.5-3. "Qualified Entity"

Sec. 3. As used in this chapter, "qualified entity" means any of the following:
(1) A local health department.
(2) A municipality (as defined by IC 36-1-2-11) that operates a program within the boundaries of the municipality.
(3) A nonprofit organization that operates a program and has been approved by official action to operate the program by:
(A) the local health department;
(B) the executive body of the county; or
(C) the legislative body of a municipality for the operation of a program within the boundaries of the municipality.
As added by P.L.208-2015, SEC.9.