Ind. Code ch. 16-41-7

in effect

Ind. Code § 16-41-7-1 Individual with a communicable disease's duty to inform persons at risk

Sec. 1. (a) This section applies to the following serious communicable diseases: (1) Human immunodeficiency virus (HIV). (2) Hepatitis B. (b) As used in this section, "high risk activity" means sexual or needle sharing contact that has been epidemiologically demonstrated, as determined by the federal Centers for Disease Control and Prevention, to bear a significant risk of transmitting a serious communicable disease described in subsection (a). (c) As used in this section, "person at risk" means: (1) past and present sexual or needle sharing partners who may have engaged in high risk activity; or (2) sexual or needle sharing partners before engaging in high risk activity; with an individual with a communicable disease who has a serious communicable disease described in subsection (a). (d) Individuals with a communicable disease who know of their status as an individual with a communicable disease and have a serious communicable disease described in subsection (a) have a duty to inform or cause to be notified by a third party a person at risk of the following: (1) The individual with a communicable disease's disease status. (2) The need to seek health care such as counseling and testing. [Pre-1993 Recodification Citation: 16-1-10.5-8.5.] As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.22.

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

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

Ind. Code § 16-41-7-3 Notification by physician

Sec. 3. (a) A licensed physician who diagnoses, treats, or counsels a patient with a serious communicable disease shall inform the patient of the patient's duty under section 1 of this chapter. (b) A physician described in subsection (a) may notify the following: (1) A health officer if the physician has reasonable cause to believe that a patient: (A) is a serious and present risk to the health of others as described in section 2(a) of this chapter; (B) has engaged in noncompliant behavior; or (C) is suspected of being a person at risk (as defined in section 1 of this chapter). (2) A person at risk (as defined in section 1 of this chapter) or a person legally responsible for the patient if the physician: (A) has medical verification that the patient is an individual with a communicable disease; (B) knows the identity of the person at risk; (C) has a reasonable belief of a significant risk of harm to the identified person at risk; (D) has reason to believe the identified person at risk has not been informed and will not be informed of the risk by the patient or another person; and (E) has made reasonable efforts to inform the individual with a communicable disease of the physician's intent to make or cause the state department to make a disclosure to the person at risk. (c) A physician who notifies a person at risk under this section shall do the following: (1) Identify the serious communicable disease. (2) Inform the person of available health care measures such as counseling and testing. (d) A physician who in good faith provides notification under this section is not subject to liability in a civil, an administrative, a disciplinary, or a criminal action. (e) A patient's privilege with respect to a physician under IC 34-46-3-1 is waived regarding: (1) notification under subsection (b); and (2) information provided about a patient's noncompliant behavior in an investigation or action under this chapter, IC 16-41-2, IC 16-41-3, IC 16-41-5, IC 16-41-6, IC 16-41-8, IC 16-41-9, IC 16-41-13, IC 16-41-14, and IC 16-41-16. (f) A physician's immunity from liability under subsection (d) applies only to the provision of information reasonably calculated to protect an identified person who is at epidemiological risk of infection. (g) A physician who notifies a person under this section is also required to satisfy the reporting requirements under IC 16-41-2-2 through IC 16-41-2-8. [Pre-1993 Recodification Citation: 16-1-10.5-11.5.] As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.122; P.L.112-2020, SEC.24; P.L.56-2023, SEC.158.

Ind. Code § 16-41-7-4 Investigation of persons with a communicable disease; notification of persons at risk

Sec. 4. (a) As used in this section, "person at risk" means an individual who in the best judgment of a licensed physician: (1) has engaged in high risk activity (as defined in section 1 of this chapter); or (2) is in imminent risk of engaging in high risk activity (as defined in section 1 of this chapter). (b) If a health officer is notified in writing by a physician under section 3(b)(1)(A) of this chapter of a patient: (1) for whom the physician has medical verification that the patient is an individual with a communicable disease; and (2) who, in the best judgment of the physician, is a serious and present risk to the health of others; the health officer shall make an investigation of the individual with a communicable disease as authorized in IC 16-41-5-2 to determine whether the environmental conditions surrounding the individual with a communicable disease or the conduct of the individual with a communicable disease requires the intervention by the health officer or designated health official to prevent the transmission of disease to others. (c) If the state department is requested in writing by a physician who has complied with the requirements of section 3(b)(2) of this chapter to notify a person at risk, the state department shall notify the person at risk unless, in the opinion of the state department, the person at risk: (1) has already been notified; (2) will be notified; or (3) will otherwise be made aware that the person is a person at risk. (d) The state department shall establish a confidential registry of all persons submitting written requests under subsection (c). (e) The state department shall adopt rules under IC 4-22-2 to implement this section. Local health officers may submit advisory guidelines to the state department to implement this chapter, IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. The state department shall fully consider such advisory guidelines before adopting a rule under IC 4-22-2-29 implementing this chapter, IC 16-41-1, IC 16-41-3, IC 16-41-5, IC 16-41-8, or IC 16-41-9. [Pre-1993 Recodification Citation: 16-1-10.5-11.6.] As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.25.

Ind. Code § 16-41-7-5 Violations

Sec. 5. (a) Except as provided in IC 35-45-21-3, 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. Amended by P.L.1-1999, SEC.47; P.L.158-2013, SEC.240.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026