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Ind. Code § 16-41-7-1

Individual with a communicable disease's duty to inform persons at risk

Applied in 3 court decisions — leading case Doe v. Methodist Hospital (1997)

Most recently applied in Clinic for Women, Inc. v. Brizzi (November 2005)

As added by P.L.2-1993, SEC.24

How often courts cite this section

19972000200510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.