Sec. 5. (a) If a designated health official determines that an individual with a communicable disease has a serious communicable disease and has reasonable grounds to believe that the individual with a communicable disease is mentally ill and either dangerous or gravely disabled, the designated health official may request:
(1) immediate detention under IC 12-26-4; or
(2) emergency detention under IC 12-26-5;
for the purpose of having the individual with a communicable disease apprehended, detained, and examined. The designated health official may provide to the superintendent of the psychiatric hospital or center or the attending physician information about the communicable disease status of the individual with a communicable disease. Communications under this subsection do not constitute a breach of confidentiality.
(b) If the written report required under IC 12-26-5-5 states there is probable cause to believe the individual with a communicable disease is mentally ill and either dangerous or gravely disabled and requires continuing care and treatment, proceedings may continue under IC 12-26.
(c) If the written report required under IC 12-26-5-5 states there is not probable cause to believe the individual with a communicable disease is mentally ill and either dangerous or gravely disabled and requires continuing care and treatment, the individual with a communicable disease shall be referred to the designated health official who may take action under this article.
[Pre-1993 Recodification Citation: 16-1-10.5-13.]
As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.34.
Structure Indiana Code
Article 41. Public Health Measures for the Prevention and Control of Disease
16-41-9-1.5. Isolation; Quarantine; Notice; Hearing; Orders; Renewal; Crime; Rules
16-41-9-1.6. Actions of Public Health Authority in Event of Quarantine
16-41-9-1.7. Immunization Programs
16-41-9-3. Students With a Serious Communicable Disease; Exclusion From School
16-41-9-6. Detained Individuals With a Communicable Disease; Isolation; Unauthorized Absences
16-41-9-8. Discharge Reports; Release Orders
16-41-9-12. Refusal of Admission to Facilities; Actions Against Persons and Licensed Facilities