16-41-7-2. Reporting of persons posing serious and present danger or being at risk

IN Code § 16-41-7-2 (2019) (N/A)
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Sec. 2. (a) A carrier is a "serious and present danger to the health of others" under the following conditions:

(1) The carrier 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 dangerous communicable disease or that indicates a careless disregard for the transmission of the disease to others.

(2) The carrier's past behavior or statements indicate an imminent danger that the carrier will engage in behavior that transmits a dangerous communicable disease to others.

(3) The carrier has failed or refused to carry out the carrier's duty to warn under section 1 of this chapter.

(b) A person who has reasonable cause to believe that a person:

(1) is a serious and present danger 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.