§ 16-41-8-1 — "Potentially disease transmitting offense"

Indiana § 16-41-8-1

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 8: Communicable Disease: Confidentiality Requirements

Text

(a) As used in this chapter, "potentially disease
transmitting offense" means any of the following:
(1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3)
involving placing a bodily fluid or waste on another person.
(2) An offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216), if sexual intercourse or other sexual conduct (as
defined in IC 35-31.5-2-221.5) occurred.
The term includes an attempt to commit an offense, if sexual
intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5)
occurred, and a delinquent act that would be a crime if committed by
an adult.
(b) Except as provided in this chapter, a person may not disclose or
be compelled to disclose medical or epidemiological information
involving a communicable disease or other serious disease (as set forth
in the list published under IC 16-41-2-1). This information may not be
released or made public except under the following circumstances:
(1) Release may be made of medical or epidemiologic information
for statistical purposes if done in a manner that does not identify
an individual.
(2) Release may be made of medical or epidemiologic information
with the written consent of all individuals identified in the
information released.
(3) Release may be made of medical or epidemiologic information
to the extent necessary to enforce public health laws, laws
described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9
through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23,
IC 35-38-1-7.1, and IC 35-45-21-1 or to protect the health or life
of a named party.
(4) Release may be made of the medical information of a person
in accordance with this chapter.
(5) Release may be made of the medical information or
epidemiologic information of a person to an Indiana nonprofit
entity that performs health data services for health care providers
if the state department:
(A) determines that the release is necessary as part of a
response to a public health event, including an outbreak,
epidemic, or pandemic; and
(B) executes a data use agreement with the entity that specifies
the permitted use and disclosure of any released information.
(c) Except as provided in this chapter, a person responsible for
recording, reporting, or maintaining information required to be reported
under IC 16-41-2 who recklessly, knowingly, or intentionally discloses
or fails to protect medical or epidemiologic information classified as
confidential under this section commits a Class A misdemeanor.
(d) In addition to subsection (c), a public employee who violates this
section is subject to discharge or other disciplinary action under the
personnel rules of the agency that employs the employee.
(e) Release shall be made of the medical records concerning an
individual to:
(1) the individual;
(2) a person authorized in writing by the individual to receive the
medical records; or
(3) a coroner under IC 36-2-14-21.
(f) An individual may voluntarily disclose information about the
individual's communicable disease.
(g) The provisions of this section regarding confidentiality apply to
information obtained by the state department or a local health
department, including the health and hospital corporation created under
IC 16-22-8, under IC 16-41-1 through IC 16-41-16.
[Pre-1993 Recodification Citations: 16-1-9.5-7;
16-1-10.5-21(b).]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.181-1993, SEC.1; P.L.1-1997, SEC.99; P.L.28-2002, SEC.2; P.L.99-2002, SEC.7; P.L.135-2005, SEC.2; P.L.125-2009, SEC.1; P.L.114-2012, SEC.41; P.L.158-2013, SEC.241; P.L.149-2016, SEC.48; P.L.65-2016, SEC.7; P.L.218-2019, SEC.8; P.L.112-2020, SEC.29; P.L.130-2021, SEC.16; P.L.143-2025, SEC.32.