Current as of: 2009IC 16-41-7-3
Notification by physician
Sec. 3. (a) A licensed physician who diagnoses, treats, or counsels a patient with a dangerous 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 danger 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 a carrier;
(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 carrier of the physician's intent to make or cause the state department of health 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 dangerous 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.
As added by P.L.2-1993, SEC.24. Amended by P.L.1-1998, SEC.122.
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Federal Regulations: General Health and Prevention