Section 16-41-7-3 - Notification by physician(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.
Amended by P.L. 56-2023,SEC. 158, eff. 7/1/2023.Amended by P.L. 112-2020,SEC. 24, eff. 7/1/2020.As added by P.L. 2-1993, SEC.24. Amended by P.L. 1-1998, SEC.122.