Sec. 2. (a) An individual with a communicable disease is a “serious and present risk to the health of others” under the following conditions:

(1) The individual with a communicable disease 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 serious communicable disease or that indicates a careless disregard for the transmission of the disease to others.

(2) The individual with a communicable disease’s past behavior or statements indicate an imminent risk that the individual with a communicable disease will engage in behavior that transmits a serious communicable disease to others.

(3) The individual with a communicable disease has failed or refused to carry out the individual with a communicable disease’s duty to inform under section 1 of this chapter.

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

(1) is a serious and present risk 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. Amended by P.L.112-2020, SEC.23.