Indiana Code
Chapter 8. Communicable Disease: Confidentiality Requirements
16-41-8-1. "Potentially Disease Transmitting Offense"

Sec. 1. (a) As used in this chapter, "potentially disease transmitting offense" means any of the following:
(1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3) involving placing a bodily fluid or waste on another person.
(2) An offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216), if sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred.
The term includes an attempt to commit an offense, if sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred, and a delinquent act that would be a crime if committed by an adult.
(b) Except as provided in this chapter, a person may not disclose or be compelled to disclose medical or epidemiological information involving a communicable disease or other serious disease (as set forth in the list published under IC 16-41-2-1). This information may not be released or made public upon subpoena or otherwise, except under the following circumstances:
(1) Release may be made of medical or epidemiologic information for statistical purposes if done in a manner that does not identify an individual.
(2) Release may be made of medical or epidemiologic information with the written consent of all individuals identified in the information released.
(3) Release may be made of medical or epidemiologic information to the extent necessary to enforce public health laws, laws described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23, IC 35-38-1-7.1, and IC 35-45-21-1 or to protect the health or life of a named party.
(4) Release may be made of the medical information of a person in accordance with this chapter.
(5) Release may be made of the medical information or epidemiologic information of a person to an Indiana nonprofit entity that performs health data services for health care providers if the state department:
(A) determines that the release is necessary as part of a response to a public health event, including an outbreak, epidemic, or pandemic; and
(B) executes a data use agreement with the entity that specifies the permitted use and disclosure of any released information.
(c) Except as provided in this chapter, a person responsible for recording, reporting, or maintaining information required to be reported under IC 16-41-2 who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiologic information classified as confidential under this section commits a Class A misdemeanor.
(d) In addition to subsection (c), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee.
(e) Release shall be made of the medical records concerning an individual to:
(1) the individual;
(2) a person authorized in writing by the individual to receive the medical records; or
(3) a coroner under IC 36-2-14-21.
(f) An individual may voluntarily disclose information about the individual's communicable disease.
(g) The provisions of this section regarding confidentiality apply to information obtained under IC 16-41-1 through IC 16-41-16.
[Pre-1993 Recodification Citations: 16-1-9.5-7; 16-1-10.5-21(b).]
As added by P.L.2-1993, SEC.24. Amended by P.L.181-1993, SEC.1; P.L.1-1997, SEC.99; P.L.28-2002, SEC.2; P.L.99-2002, SEC.7; P.L.135-2005, SEC.2; P.L.125-2009, SEC.1; P.L.114-2012, SEC.41; P.L.158-2013, SEC.241; P.L.149-2016, SEC.48; P.L.65-2016, SEC.7; P.L.218-2019, SEC.8; P.L.112-2020, SEC.29; P.L.130-2021, SEC.16.

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