Sec. 6. If a standard, medically recognized vaccine or other measure exists for the prevention of an exposure risk disease and the vaccine or other measure is medically indicated for an employee according to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, the following apply:

(1) If:

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Terms Used In Indiana Code 5-10-13-6

  • employee: means an individual who:

    Indiana Code 5-10-13-2

  • exposure risk disease: refers to :

    Indiana Code 5-10-13-1

  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(A) the employee receives the vaccine or other measure as required by the employee’s employer; or

(B) the employee’s physician provides written notice to the employer that the vaccine or other measure would pose a significant risk to the employee’s health;

and the employee meets the other requirements of this chapter, a presumption of disability or death incurred in the line of duty under this chapter applies to the employee.

(2) If:

(A) the employee does not receive the vaccine or other measure as required by the employee’s employer; and

(B) the employee’s physician has not provided written notice that the vaccine or other measure would pose a significant risk to the employee’s health;

a presumption of disability or death incurred in the line of duty under this chapter does not apply to the employee.

As added by P.L.185-2002, SEC.3.