§ 16-41-9-12 — Refusal of admission to facilities; actions against persons and licensed facilities

Indiana § 16-41-9-12

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 9: Communicable Disease: Imposition of Restrictions on

Text

(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.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.40.