§ 16-41-9-5 — Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention

Indiana § 16-41-9-5

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

Text

(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.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.34; P.L.205-2023, SEC.23.