§ 16-41-7-2 — Reporting of persons posing a serious and present risk or being at risk

Indiana § 16-41-7-2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 7: Communicable Disease: Duty or Authority to Inform or

Text

(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.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.23.