reglab/statecodes huggingface dataset:
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 › 16-41-7.5-4. Location of Programs; Complying With Requirements

Sec. 4. (a) A qualified entity may operate a program only in a county or municipality where:
(1) a public health emergency has been declared; or
(2) a program has been approved;
under section 5 of this chapter. However, a qualified entity may not operate a program outside of the jurisdictional area of the governmental body that approved the qualified entity.
(b) A qualified entity that meets the requirements in subsection (a) and complies with the requirements of this chapter may operate a program.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.1.
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 › 16-41-7.5-5. Requirements to Operate a Program

Sec. 5. Before a qualified entity may operate a program in a county, the following shall occur:
(1) The local health officer or the executive director must declare to the executive body of the county or the legislative body of the municipality the following:
(A) There is an epidemic of hepatitis C or HIV.
(B) That the primary mode of transmission of hepatitis C or HIV in the county is through intravenous drug use.
(C) That a syringe exchange program is medically appropriate as part of a comprehensive public health response.
(2) The legislative body of the municipality or the executive body of the county must do the following:
(A) Conduct a public hearing that allows for public testimony.
(B) Take official action adopting the declarations under subdivision (1) by the local health officer or the executive director in consideration of the public health for the area and, if the program complies with section 6 of this chapter and is within the jurisdictional limits of the county or municipality that the body represents, either:
(i) approve the operation of the program; or
(ii) submit a request under subdivision (3) to the state health commissioner.
(3) The legislative body of the municipality or the executive body of the county that took official action under subdivision (2) either:
(A) notifies the state health commissioner of the body's actions under subdivision (2), including:
(i) the period of time considered medically appropriate for the program;
(ii) whether a renewal or an extension of the program can occur; and
(iii) other measures taken concerning the epidemic that have proven ineffective; or
(B) if the body does not approve the operation of a program under subdivision (2)(B)(i) and submits a request under subdivision (2)(B)(ii), request that the state health commissioner declare a public health emergency and approve the operation of a program.
(4) If subdivision (3)(B) applies, the state health commissioner has declared a public health emergency for the county or municipality and approved the operation of a program.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.2.
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 › 16-41-7.5-6. Duties

Sec. 6. A qualified entity that operates a program under this chapter must do the following:
(1) Annually register the program in a manner prescribed by the state department with the:
(A) state department; and
(B) local health department in the county or municipality where services will be provided by the qualified entity if the qualified entity is not the local health department.
(2) Have one (1) of the following licensed in Indiana provide oversight to the qualified entity's programs:
(A) A physician.
(B) A registered nurse.
(C) A physician assistant.
(3) Store and dispose of all syringes and needles collected in a safe and legal manner.
(4) Provide education and training on drug overdose response and treatment, including the administration of an overdose intervention drug.
(5) Provide drug addiction treatment information and referrals to drug treatment programs, including programs in the local area and programs that offer medication assisted treatment that includes a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.
(6) Provide syringe and needle distribution and collection without collecting or recording personally identifiable information.
(7) Operate in a manner consistent with public health and safety.
(8) Ensure the program is medically appropriate and part of a comprehensive public health response.
(9) Keep sufficient quantities of an overdose intervention drug (as defined in IC 16-18-2-263.9) in stock and to administer in accordance with IC 16-42-27.
(10) Provide testing for communicable diseases, and if an individual tests positive for a communicable disease, provide health care services or a referral to a health care provider for the services.
(11) Establish a referral process for program participants in need of:
(A) information or education concerning communicable diseases; or
(B) health care.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.3; P.L.112-2020, SEC.26.
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 › 16-41-7.5-7. Termination

Sec. 7. (a) The following may terminate the approval of a qualified entity:
(1) The legislative body of the municipality, the executive body of the county, or the local health department that approved the qualified entity.
(2) The state health commissioner, if the state health commissioner determines that the qualified entity has failed to comply with section 6 of this chapter.
(b) If a person described in subsection (a)(1) or (a)(2) terminates the approval of a qualified entity, the person shall notify the other person with authority to terminate that is described in subsection (a) of the termination.
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 › 16-41-7.5-8. Use of State Funds

Sec. 8. A state agency may not provide funds to a qualified entity to purchase or otherwise acquire hypodermic syringes or needles for a program 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 › 16-41-7.5-9. Attending a Program Does Not Constitute Reasonable Suspicion or Probable Cause

Sec. 9. (a) A law enforcement officer may not stop, search, or seize an individual based on the fact the individual has attended a program under this chapter.
(b) The fact an individual has attended a program under this chapter may not be the basis, in whole or in part, for a determination of probable cause or reasonable suspicion by a law enforcement officer.
As added by P.L.208-2015, SEC.9. Amended by P.L.44-2016, SEC.1.
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 › 16-41-7.5-10. Program Reports

Sec. 10. A program shall file a quarterly report with the state department. The report must contain the following information listed on a daily basis and by the location, identified by the postal ZIP code, where the program distributed and collected syringes and needles:
(1) The number of individuals served.
(2) The number of syringes and needles collected.
(3) The number of syringes and needles distributed.
The state department may request that a qualified entity supply additional information concerning the program operated by the qualified entity, including data concerning referrals to services.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.4.
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 › 16-41-7.5-11. Request for Public Health Emergency Declaration; Approval and Denial; Renewal; Notification of State Health Commissioner

Sec. 11. (a) If the state health commissioner receives a request to declare a public health emergency under this chapter, the state health commissioner shall approve, deny, or request additional information concerning the request under section 5 of this chapter not later than ten (10) calendar days from the date the request is submitted to the state health commissioner. If additional information is:
(1) requested by the state health commissioner; and
(2) provided by the entity seeking the declaration;
the state health commissioner shall approve or deny the request not later than ten (10) calendar days from the submission date of the additional information.
(b) A program established under this chapter may remain in effect for not more than two (2) years from the date approved under this chapter. However:
(1) the state health commissioner may:
(A) upon the request of the executive body of the county or the legislative body of the municipality that requested the initial declaration and approval, renew the declaration of a public health emergency and operation of the program for not more than two (2) years; or
(B) terminate a program; or
(2) the legislative body of the municipality or the executive body of the county that initially approved the program may, through official action:
(A) renew the program for not more than two (2) years; or
(B) terminate a program;
when warranted.
(c) The legislative body of the municipality or the executive body of the county shall notify the state health commissioner in writing immediately of any of the following:
(1) A renewal of a program under subsection (b) and the period of time of the renewal.
(2) The expiration or termination of a program.
(3) A change in the qualified entity administering the program.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.5.
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 › 16-41-7.5-12. State Department Report

Sec. 12. (a) Before November 1 of each year, the state department shall submit a report concerning syringe exchange programs operated under this chapter to the governor and to the general assembly in an electronic format under IC 5-14-6.
(b) Before November 1, 2020, as part of the report to the general assembly required under subsection (a), the state department shall ensure the report includes the following additional information concerning the program:
(1) The number of programs operating in Indiana.
(2) The data, compiled for each program, reported to the state department under section 10 of this chapter.
(3) Any other information the state department deems relevant to the general assembly in assessing the effectiveness of having a program in the state.
As added by P.L.208-2015, SEC.9. Amended by P.L.112-2020, SEC.27.
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 › 16-41-7.5-13. Governor's Authority

Sec. 13. This chapter may not be construed to preclude the governor from taking any action within the governor's authority.
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 › 16-41-7.5-14. Expiration of Chapter

Sec. 14. This chapter expires July 1, 2026.
As added by P.L.208-2015, SEC.9. Amended by P.L.198-2017, SEC.6; P.L.112-2020, SEC.28; P.L.130-2021, SEC.15.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 8. Communicable Disease: Confidentiality Requirements › 16-41-8-2. Voluntary Contact Notification Program Information; Use as Evidence; Release

Sec. 2. (a) Identifying information voluntarily given to the health officer or an agent of the health officer through a voluntary contact notification program may not be used as evidence in a court proceeding to determine noncompliant behavior under IC 16-41-1 through IC 16-41-16.
(b) A court may release to:
(1) an individual; or
(2) a representative designated in writing by the individual;
information or records relating to the individual's medical condition if the individual is a party in a pending action involving restriction of the individual's actions under IC 16-41-1 through IC 16-41-16. A person who obtains information under this subsection is subject to section 1 of this chapter.
[Pre-1993 Recodification Citation: 16-1-10.5-21(a), (c).]
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 8. Communicable Disease: Confidentiality Requirements › 16-41-8-3. 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 8. Communicable Disease: Confidentiality Requirements › 16-41-8-6. Right of a Victim to Require Certain Defendants to Undergo HIV Testing; Procedures

Sec. 6. (a) If an indictment or information alleges that the defendant compelled another person to engage in sexual activity by force or threat of force, the alleged victim of the offense described in the indictment or information may request that the defendant against whom the indictment or information is filed be tested for the human immunodeficiency virus (HIV).
(b) Not later than forty-eight (48) hours after an alleged victim described in subsection (a) requests that the defendant be tested for the human immunodeficiency virus (HIV), the defendant must be tested for the human immunodeficiency virus (HIV).
(c) As soon as practicable, the results of a test for the human immunodeficiency virus (HIV) conducted under subsection (b) shall be sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim, if the alleged victim is less than eighteen (18) years of age; and
(3) the defendant.
(d) If follow-up testing of the defendant for the human immunodeficiency virus (HIV) is necessary, the results of follow-up testing of the defendant shall be sent to:
(1) the alleged victim;
(2) the parent or guardian of the alleged victim if the alleged victim is less than eighteen (18) years of age; and
(3) the defendant.
As added by P.L.94-2010, SEC.6.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-0.1. Repealed

As added by P.L.220-2011, SEC.320. Repealed by P.L.63-2012, SEC.23.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-1. Repealed

[Pre-1993 Recodification Citation: 16-1-9.5-4.]
As added by P.L.2-1993, SEC.24. Repealed by P.L.138-2006, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 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 a court 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 contracting the disease;
(D) the symptoms of the disease; and
(E) available medical or nonmedical treatments available for the disease.
(2) Instruct the public concerning social distancing.
(3) Request that the public inform the public health authority or a law enforcement agency if a family member contracts the disease.
(4) Instruct the public on self quarantine and provide a distinctive 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 nonessential situations in which people gather.
If a quarantine is imposed under section 1.5 of this chapter, the public health authority shall ensure that, to the extent possible, quarantined individuals have sufficient supplies to remain in their own home.
(b) If an out of home, nonhospital quarantine is imposed on an individual, the individual shall be housed as close as possible to the individual's residence.
(c) In exercising the powers described in this section or in section 1.5 of this chapter, the public health authority may not prohibit a person lawfully permitted to possess a firearm from possessing one (1) or more firearms unless the person is quarantined in a mass quarantine location. The public health authority may not remove a firearm from the person's home, even if the person is quarantined in a mass quarantine location.
(d) This section does not prohibit a public health authority from adopting rules and enforcing rules to implement this section if the rules are not inconsistent with this section.
As added by P.L.138-2006, SEC.7. Amended by P.L.1-2007, SEC.138.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-1.7. Immunization Programs

Sec. 1.7. (a) An immunization program established by a public health authority to combat a public health emergency involving a serious communicable disease must comply with the following:
(1) The state department must develop and distribute or post information concerning the risks and benefits of immunization.
(2) No person may be required to receive an immunization without that person's consent. No child may be required to receive an immunization without the consent of the child's parent, guardian, or custodian. The state department may implement the procedures described in section 1.5 of this chapter concerning a person who refuses to receive an immunization or the child of a parent, guardian, or custodian who refuses to consent to the child receiving an immunization.
(b) The state department shall adopt rules to implement this section. The absence of rules adopted under this subsection does not preclude the public health authority from implementing any provision of this section.
As added by P.L.138-2006, SEC.8. Amended by P.L.112-2020, SEC.32.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-2. Repealed

[Pre-1993 Recodification Citation: 16-1-9.5-5.]
As added by P.L.2-1993, SEC.24. Repealed by P.L.138-2006, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-3. Students With a Serious Communicable Disease; Exclusion From School

Sec. 3. (a) The local health officer may exclude from school a student who has a serious communicable disease that:
(1) is transmissible through normal school contacts; and
(2) poses a substantial threat to the health and safety of the school community.
(b) If the local health officer subsequently determines that a student who has been excluded from school under subsection (a) does not have a serious communicable disease that:
(1) is transmissible through normal school contacts; and
(2) poses a substantial threat to the health and safety of the school community;
the local health officer shall issue a certificate of health to admit or readmit the student to school.
(c) A person who objects to the determination made by the local health officer under this section may appeal to the executive board of the state department, which is the ultimate authority. IC 4-21.5 applies to proceedings under this section.
[Pre-1993 Recodification Citation: 16-1-9.5-6.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.33.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-4. Repealed

[Pre-1993 Recodification Citation: 16-1-10.5-12.]
As added by P.L.2-1993, SEC.24. Repealed by P.L.138-2006, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-5. Mentally Ill and Serious or Gravely Disabled Individuals With a Communicable Disease; Detention; Application for Detention

Sec. 5. (a) If a designated health official determines that an individual with a communicable disease has a serious communicable disease and has reasonable grounds to believe that the individual with a communicable disease is mentally ill and either dangerous or gravely disabled, the designated health official may request emergency detention under IC 12-26-5 for the purpose of having the individual with a communicable disease apprehended, detained, and examined. The designated health official may provide to the superintendent of the psychiatric hospital or center or the attending physician information about the communicable disease status of the individual with a communicable disease. Communications under this subsection do not constitute a breach of confidentiality.
(b) If the application for detention required under IC 12-26-5 states there is probable cause to believe the individual with a communicable disease is mentally ill and either dangerous or gravely disabled and requires continuing care and treatment, proceedings may continue under IC 12-26.
(c) If the court does not approve an application for detention required under IC 12-26-5, or if an application for detention is not timely filed, the individual with a communicable disease shall be referred to the designated health official who may take action under this article.
[Pre-1993 Recodification Citation: 16-1-10.5-13.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.34; P.L.205-2023, SEC.23.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-6. Detained Individuals With a Communicable Disease; Isolation; Unauthorized Absences

Sec. 6. (a) The chief medical officer of a hospital or other institutional facility may direct that an individual with a communicable disease detained under this article be placed apart from the others and restrained from leaving the facility. An individual with a communicable disease detained under this article shall observe all the rules of the facility or is subject to further action before the committing court.
(b) An individual with a communicable disease detained under this article who leaves a tuberculosis hospital or other institutional facility without being authorized to leave or who fails to return from an authorized leave without having been formally discharged is considered absent without leave.
(c) The sheriff of the county in which an individual with a communicable disease referred to in subsection (b) is found shall apprehend the individual with a communicable disease and return the individual with a communicable disease to the facility at which the individual with a communicable disease was being detained upon written request of the superintendent of the facility. Expenses incurred under this section are treated as expenses described in section 13 of this chapter.
[Pre-1993 Recodification Citation: 16-1-10.5-15.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.35.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-7. Voluntarily Admitted Individuals With a Communicable Disease; Unauthorized Absences; Prevention of Health Threat

Sec. 7. (a) An individual with a communicable disease who:
(1) poses a serious and present risk to the health of others;
(2) has been voluntarily admitted to a hospital or other facility for the treatment of tuberculosis or another serious communicable disease; and
(3) who leaves the facility without authorized leave or against medical advice or who fails to return from authorized leave;
shall be reported to a health officer by the facility not more than twenty-four (24) hours after discovery of the individual with a communicable disease's absence.
(b) If a health officer fails or refuses to institute or complete necessary legal measures to prevent a health threat (as defined in IC 16-41-7-2) by the individual with a communicable disease, the case shall be referred to a designated health official for appropriate action under this article.
[Pre-1993 Recodification Citation: 16-1-10.5-16.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.36.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-8. Discharge Reports; Release Orders

Sec. 8. (a) A local health officer may file a report with the court that states that an individual with a communicable disease who has been detained under this article may be discharged without danger to the health or life of others.
(b) The court may enter an order of release based on information presented by the local health officer or other sources.
[Pre-1993 Recodification Citation: 16-1-10.5-17.]
As added by P.L.2-1993, SEC.24. Amended by P.L.138-2006, SEC.9; P.L.1-2007, SEC.139; P.L.112-2020, SEC.37.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-9. Release of Individuals With a Communicable Disease From State Penal Institutions; Advanced Reports; Jurisdiction of Health Officers

Sec. 9. (a) Not more than thirty (30) days after the proposed release from a state penal institution of a prisoner who is known to have:
(1) tuberculosis in a communicable stage; or
(2) another serious communicable disease;
the chief administrative officer of the penal institution shall report to the state department the name, address, age, sex, and date of release of the prisoner.
(b) The state department shall provide the information furnished the state department under subsection (a) to the health officer having jurisdiction over the prisoner's destination address.
(c) Each health officer where the prisoner may be found has jurisdiction over the released prisoner.
[Pre-1993 Recodification Citation: 16-1-10.5-18.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.38.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-10. Nonresident, Indigent Individuals With a Communicable Disease; Transfer to Legal Residences

Sec. 10. (a) The administrator of a hospital or other facility for the treatment of tuberculosis or other serious communicable disease may transfer or authorize the transfer of a nonresident indigent individual with a communicable disease to the state or county of legal residence of the individual with a communicable disease if the individual with a communicable disease is able to travel. If the individual with a communicable disease is unable to travel, the administrator may have the individual with a communicable disease hospitalized until the individual with a communicable disease is able to travel.
(b) Costs for the travel and hospitalization authorized by this section shall be paid by the:
(1) individual with a communicable disease under section 13 of this chapter; or
(2) state department if the individual with a communicable disease cannot pay the full cost.
[Pre-1993 Recodification Citation: 16-1-10.5-19.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.39.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-11. Repealed

[Pre-1993 Recodification Citation: 16-1-10.5-20.]
As added by P.L.2-1993, SEC.24. Repealed by P.L.138-2006, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-12. Refusal of Admission to Facilities; Actions Against Persons and Licensed Facilities

Sec. 12. (a) The superintendent or the chief executive officer of the facility to which an individual with a communicable disease has been ordered under this chapter may decline to admit a patient if the superintendent or chief executive officer determines that there is not available adequate space, treatment staff, or treatment facilities appropriate to the needs of the patient.
(b) The state department may commence an action under IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance and a civil penalty not to exceed one thousand dollars ($1,000) per violation 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, or IC 16-41-16 or a rule adopted under these chapters; or
(2) interferes with or obstructs the state department or the state department's designated agent in the performance of official duties under 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, or IC 16-41-16 or a rule adopted under these chapters.
(c) The state department may commence an action against a facility licensed by the state department under either subsection (b) or the licensure statute for that facility, but the state department may not bring an action arising out of one (1) incident under both statutes.
[Pre-1993 Recodification Citations: 16-1-9.5-10(b) part, (c) part; 16-1-10.5-22.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.40.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-13. Costs of Care or Treatment

Sec. 13. (a) The court shall determine what part of the cost of care or treatment ordered by the court, if any, the individual with a communicable disease can pay and whether there are other available sources of public or private funding responsible for payment of the individual's care or treatment. The individual with a communicable disease shall provide the court documents and other information necessary to determine financial ability. If the individual with a communicable disease cannot pay the full cost of care and other sources of public or private funding responsible for payment of the individual's care or treatment are not available, the county is responsible for the cost. If the individual with a communicable disease:
(1) provides inaccurate or misleading information; or
(2) later becomes able to pay the full cost of care;
the individual with a communicable disease 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 costs incurred under section 1.5 of this chapter.
(c) However, subsection (b) does not relieve the county of the responsibility for the costs of an individual with a communicable disease who is ordered by the court under 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 under this chapter, shall be reimbursed by the state under IC 16-21-7 to the extent funds have been appropriated for reimbursement.
[Pre-1993 Recodification Citation: 16-1-10.5-14.]
As added by P.L.2-1993, SEC.24. Amended by P.L.138-2006, SEC.10; P.L.112-2020, SEC.41.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-14. Repealed

[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.24. Repealed by P.L.138-2006, SEC.14.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 9. Communicable Disease: Imposition of Restrictions on Individuals With Certain Communicable or Serious Communicable Diseases › 16-41-9-15. Cooperation to Implement Least Restrictive but Medically Necessary Procedures to Protect Public Health

Sec. 15. In carrying out its duties under this chapter, a public health authority shall attempt to seek the cooperation of cases, individuals with a communicable disease, contacts, or suspect cases to implement the least restrictive but medically necessary procedures to protect the public health.
As added by P.L.16-2009, SEC.26. Amended by P.L.112-2020, SEC.42.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 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.
[Pre-1993 Recodification Citation: 16-1-45-3.]
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.15; P.L.212-2003, SEC.5.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-2. Notification of Emergency Medical Services Providers and Law Enforcement Officers

Sec. 2. (a) This section applies to the following:
(1) An emergency medical services provider who is exposed to blood and body fluids while providing emergency medical services to a patient.
(2) A law enforcement officer who is exposed to blood and body fluids while performing the law enforcement officer's official duties.
(3) A health care provider who is exposed to blood and body fluids while providing medical care to a patient.
(b) An emergency medical services provider, a health care provider, or a law enforcement officer may request notification concerning exposure to a serious communicable disease under this chapter if the exposure is of a type that has been demonstrated epidemiologically to transmit a serious communicable disease.
(c) If an emergency medical services provider, a health care provider, or a law enforcement officer desires to be notified of results of testing following a possible exposure to a serious communicable disease under this chapter, the emergency medical services provider, health care provider, or law enforcement officer shall notify the emergency medical services provider's, health care provider's, or law enforcement officer's employer not more than twenty-four (24) hours after the emergency medical services provider, health care provider, or law enforcement officer is exposed on a form that is prescribed by the state department and the Indiana emergency medical services commission.
(d) The emergency medical services provider, health care provider, or law enforcement officer shall distribute a copy of the completed form required under subsection (c) 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, health care provider's, or law enforcement officer's employer.
[Pre-1993 Recodification Citation: 16-1-45-5.]
As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.16; P.L.212-2003, SEC.6; P.L.131-2018, SEC.1; P.L.112-2020, SEC.43; P.L.147-2023, SEC.18.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 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, a health care provider, or a law enforcement officer is exposed as described in section 2 of this chapter is considered to have consented to:
(1) testing for the presence of a serious 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, health care provider, or law enforcement officer; 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, health care provider, or law enforcement officer 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 serious communicable disease, the exposed emergency medical services provider, health care provider, or law enforcement officer, the exposed emergency medical services provider's, health care provider's, or law enforcement officer'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, health care provider, or law enforcement officer has the employer's principal office;
for an order requiring that the patient provide a blood or body fluid specimen, including an emergency order for a blood or body fluid specimen under section 2.6 of this chapter.
(c) If a patient described in subsection (a) refuses to provide a blood or body fluid specimen for testing for a serious communicable disease, and that patient is a witness, bystander, or victim of alleged criminal activity (IC 35-31.5-2-73), the exposed emergency medical services provider, health care provider, or law enforcement officer, the exposed emergency medical services provider's, health care provider's, or law enforcement officer's employer, or the state department may submit the form described in section 2 of this chapter to the medical director or physician of a hospital licensed under IC 16-21-2, IC 16-22-2, or IC 16-23-1. The medical director or physician described in this section shall notify the emergency medical services provider, health care provider, or law enforcement officer 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.212-2003, SEC.7. Amended by P.L.131-2018, SEC.2; P.L.224-2019, SEC.4; P.L.112-2020, SEC.44; P.L.190-2021, SEC.4.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 16-41-10-2.6. Emergency Application for Blood or Body Fluid Specimen

Sec. 2.6. (a) This section applies to:
(1) an emergency medical services provider;
(2) a law enforcement officer; and
(3) a health care provider;
who have been exposed to blood or body fluids as described in section 2(a) of this chapter.
(b) A person to whom this section applies may submit an emergency application for a blood or body fluid specimen to a circuit or superior court having jurisdiction to issue a warrant.
(c) An emergency application for a blood or body fluid specimen must be verified and include the following information:
(1) The name and employing agency of the person exposed to the blood or body fluids.
(2) The name of the patient to whose blood or body fluids the person has been exposed.
(3) A concise description of the circumstances under which the exposure occurred.
(4) A concise explanation of why immediate testing is necessary.
(5) Any other information required by the court.
(d) If it appears from the emergency application for a blood or body fluid specimen that:
(1) the person exposed to the blood or body fluid is a person to whom this section applies; and
(2) immediate testing is necessary;
the court shall approve the emergency application for a blood or body fluid specimen ex parte, without notice or a hearing, and issue an emergency order requiring the patient to whose blood or body fluid the emergency medical services provider, health care provider, or law enforcement officer has been exposed to provide a blood or body fluid specimen for testing.
As added by P.L.224-2019, SEC.5. Amended by P.L.112-2020, SEC.45; P.L.156-2020, SEC.71.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 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, health care provider, or a law enforcement officer 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 serious 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, health care provider, or law enforcement officer; and
(B) notify the medical director of the emergency medical services provider's or health care provider's, employer or a physician as designated under subsection (b) or (c); or
(2) is not described in subdivision (1), the exposed emergency medical services provider, health care provider, or law enforcement officer, the exposed emergency medical services provider's, health care provider's, or law enforcement officer'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, health care provider, or law enforcement officer 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 or health care 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 or health care provider's employer to receive the test results.
(c) A law enforcement officer shall, on the form described in section 2 of this chapter, designate a physician to receive the test results.
(d) The medical director or physician described in this section shall notify the emergency medical services provider, health care provider, or law enforcement officer of the test results not more than forty-eight (48) hours after the medical director or physician receives the test results.
[Pre-1993 Recodification Citation: 16-1-45-6.]
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; P.L.131-2018, SEC.3; P.L.112-2020, SEC.46.
2023 Indiana Code › Title 16. Health › Article 41. Public Health Measures for the Prevention and Control of Disease › Chapter 10. Communicable Disease: Exposure Notification for Emergency Care Providers and Law Enforcement Officers › 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 serious 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 serious communicable disease under section 2.5 or 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. Amended by P.L.112-2020, SEC.47.