Citations Affected: IC 16-18-2; IC 16-21-7-4; IC 16-22-8-31; IC 16-41-9; IC 16-42-5-4;
IC 34-6-2-55; IC 34-30-13.5.
Synopsis: Isolation, quarantine, and health matters. Conference committee report for HB 1235.
Establishes the procedure for a public health authority to obtain or issue an order to restrict the
movement of an individual in the least restrictive manner when there is evidence that the
individual has been exposed to a communicable disease, and requires a public health authority to
distribute certain information to the public. Prohibits a public health authority from prohibiting
a person from possessing a firearm unless the person is in a mass quarantine location, and
prohibits the removal of a firearm from a person's home. Establishes certain procedures
concerning immunizations. Provides that a person, facility, or other location that meets certain
criteria is immune from civil liability resulting from an act or omission in providing health care
services during an event that is declared a disaster emergency, even if the services were provided
before or after the disaster emergency declaration. Makes it a Class A misdemeanor to violate the
conditions of quarantine or isolation. Provides an exemption to food sanitation law for specified
organizations under certain circumstances until January 1, 2008. Repeals superseded provisions
concerning the isolation of certain individuals. (This conference committee report does the
following: (1) Adds language concerning the exemption of certain organizations, including
religious, nonreligious, and educational organizations, from the state food sanitary laws
under certain circumstances until January 1, 2008. (2) Adds references to law defining
dangerous communicable diseases. (3) Removes language concerning the procedure to
follow for quarantine after the public health authority has taken other steps. (4) Removes
language that required the distribution of certain information concerning the risks and
benefits of immunizations to each person who receives an immunization and allows the state
department to post the information. (5) Removes language that stated that a person may
not be subjected to civil penalty, criminal liability, or workplace discrimination for not
receiving an immunization. (6) Adds language specifying that the absence of adopted rules
by the state department does not preclude implementation of the law.)
Effective: July 1, 2006.
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1235 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
IC 16-22-8-6.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec. 1.5. (a) If the public health authority has
reason to believe that:
(1) an individual:
(A) has been infected with; or
(B) has been exposed to;
a dangerous communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the public health authority may petition a circuit or superior court
for an order imposing isolation or quarantine on the individual. A
petition for isolation or quarantine filed under this subsection must
be verified and include a brief description of the facts supporting
the public health authority's belief that isolation or quarantine
should be imposed on an individual, including a description of any
efforts the public health authority made to obtain the individual's
voluntary compliance with isolation or quarantine before filing the
petition.
(b) Except as provided in subsections (e) and (k), an individual
described in subsection (a) is entitled to notice and an opportunity
to be heard, in person or by counsel, before a court issues an order
imposing isolation or quarantine. A court may restrict an
individual's right to appear in person if the court finds that the
individual's personal appearance is likely to expose an uninfected
person to a dangerous communicable disease or outbreak.
(c) If an individual is restricted from appearing in person under
subsection (b), the court shall hold the hearing in a manner that
allows all parties to fully and safely participate in the proceedings
under the circumstances.
(d) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may issue an order imposing isolation or quarantine on
the individual. The court shall establish the conditions of isolation
or quarantine, including the duration of isolation or quarantine.
The court shall impose the least restrictive conditions of isolation
or quarantine that are consistent with the protection of the public.
(e) If the public health authority has reason to believe that an
individual described in subsection (a) is likely to expose an
uninfected individual to a dangerous communicable disease or
outbreak before the individual can be provided with notice and an
opportunity to be heard, the public health authority may seek in a
circuit or superior court an emergency order of quarantine or
isolation by filing a verified petition for emergency quarantine or
isolation. The verified petition must include a brief description of
the facts supporting the public health authority's belief that:
(1) isolation or quarantine should be imposed on an individual;
and
(2) the individual may expose an uninfected individual to a
dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to
be heard.
The verified petition must include a description of any efforts the
public health authority made to obtain the individual's voluntary
compliance with isolation or quarantine before filing the petition.
(f) If the public health authority proves by clear and convincing
evidence that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak;
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual; and
(3) the individual may expose an uninfected individual to a
dangerous communicable disease or outbreak before the
individual can be provided with notice and an opportunity to
be heard;
the court may issue an emergency order imposing isolation or
quarantine on the individual. The court shall establish the duration
and other conditions of isolation or quarantine. The court shall
impose the least restrictive conditions of isolation or quarantine
that are consistent with the protection of the public.
(g) A court may issue an emergency order of isolation or
quarantine without the verified petition required under subsection
(e) if the court receives sworn testimony of the same facts required
in the verified petition:
(1) in a nonadversarial, recorded hearing before the judge;
(2) orally by telephone or radio;
(3) in writing by facsimile transmission (fax); or
(4) through other electronic means approved by the court.
If the court agrees to issue an emergency order of isolation or
quarantine based upon information received under subdivision (2),
the court shall direct the public health authority to sign the judge's
name and to write the time and date of issuance on the proposed
emergency order. If the court agrees to issue an emergency order
of isolation or quarantine based upon information received under
subdivision (3), the court shall direct the public health authority to
transmit a proposed emergency order to the court, which the court
shall sign, add the date of issuance, and transmit back to the public
health authority. A court may modify the conditions of a proposed
emergency order.
(h) If an emergency order of isolation or quarantine is issued
under subsection (g)(2), the court shall record the conversation on
audiotape and order the court reporter to type or transcribe the
recording for entry in the record. The court shall certify the
audiotape, the transcription, and the order retained by the judge
for entry in the record.
(i) If an emergency order of isolation or quarantine is issued
under subsection (g)(3), the court shall order the court reporter to
retype or copy the facsimile transmission for entry in the record.
The court shall certify the transcription or copy and order retained
by the judge for entry in the record.
(j) The clerk shall notify the public health authority who received
an emergency order under subsection (g)(2) or (g)(3) when the
transcription or copy required under this section is entered in the
record. The public health authority shall sign the typed,
transcribed, or copied entry upon receiving notice from the court
reporter.
(k) The public health authority may issue an immediate order
imposing isolation or quarantine on an individual if exigent
circumstances, including the number of affected individuals, exist
that make it impracticable for the public health authority to seek
an order from a court, and obtaining the individual's voluntary
compliance is or has proven impracticable or ineffective. An
immediate order of isolation or quarantine expires after
seventy-two (72) hours, excluding Saturdays, Sundays, and legal
holidays, unless renewed in accordance with subsection (l). The
public health authority shall establish the other conditions of
isolation or quarantine. The public health authority shall impose
the least restrictive conditions of isolation or quarantine that are
consistent with the protection of the public. If the immediate order
applies to a group of individuals and it is impracticable to provide
individual notice, the public health authority shall post a copy of
the order where it is likely to be seen by individuals subject to the
order.
(l) The public health authority may seek to renew an order of
isolation or quarantine or an immediate order of isolation or
quarantine issued under this section by doing the following:
(1) By filing a petition to renew the emergency order of
isolation or quarantine or the immediate order of isolation or
quarantine with:
(A) the court that granted the emergency order of isolation
or quarantine; or
(B) a circuit or superior court, in the case of an immediate
order.
The petition for renewal must include a brief description of the
facts supporting the public health authority's belief that the
individual who is the subject of the petition should remain in
isolation or quarantine and a description of any efforts the
public health authority made to obtain the individual's
voluntary compliance with isolation or quarantine before filing
the petition.
(2) By providing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate
order of isolation or quarantine with a copy of the petition and
notice of the hearing at least twenty-four (24) hours before the
time of the hearing.
(3) By informing the individual who is the subject of the
emergency order of isolation or quarantine or the immediate
order of isolation or quarantine that the individual has the
right to:
(A) appear, unless the court finds that the individual's
personal appearance may expose an uninfected person to a
dangerous communicable disease or outbreak;
(B) cross-examine witnesses; and
(C) counsel, including court appointed counsel in accordance
with subsection (c).
(4) If:
(A) the petition applies to a group of individuals; and
(B) it is impracticable to provide individual notice;
by posting the petition in a conspicuous location on the
isolation or quarantine premises.
(m) If the public health authority proves by clear and convincing
evidence at a hearing under subsection (l) that:
(1) an individual has been infected or exposed to a dangerous
communicable disease or outbreak; and
(2) the individual is likely to cause the infection of an uninfected
individual if the individual is not restricted in the individual's
ability to come into contact with an uninfected individual;
the court may renew the existing order of isolation or quarantine
or issue a new order imposing isolation or quarantine on the
individual. The court shall establish the conditions of isolation or
quarantine, including the duration of isolation or quarantine. The
court shall impose the least restrictive conditions of isolation or
quarantine that are consistent with the protection of the public.
(n) Unless otherwise provided by law, a petition for isolation or
quarantine, or a petition to renew an immediate order for isolation
or quarantine, may be filed in a circuit or superior court in any
county. Preferred venue for a petition described in this subsection
is:
(1) the county or counties (if the area of isolation or quarantine
includes more than one (1) county) where the individual,
premises, or location to be isolated or quarantined is located;
or
(2) a county adjacent to the county or counties (if the area of
isolation or quarantine includes more than one (1) county)
where the individual, premises, or location to be isolated or
quarantined is located.
This subsection does not preclude a change of venue for good cause
shown.
(o) Upon the motion of any party, or upon its own motion, a
court may consolidate cases for a hearing under this section if:
receive an immunization without the consent of the child's
parent, guardian, or custodian. The state department may
implement the procedures described in section 1.5 of this
chapter concerning a person who refuses to receive an
immunization or the child of a parent, guardian, or custodian
who refuses to consent to the child receiving an immunization.
(b) The state department shall adopt rules to implement this
section. The absence of rules adopted under this subsection does
not preclude the public health authority from implementing any
provision of this section.
services", for purposes of IC 34-30-13, has the meaning set forth in
IC 27-13-1-18(a).
(b) "Health care services", for purposes of IC 34-30-13.5, means:
(1) any services provided by an individual licensed under:
(A) IC 25-2.5;
(B) IC 25-10;
(C) IC 25-13;
(D) IC 25-14;
(E) IC 25-22.5;
(F) IC 25-23;
(G) IC 25-23.5;
(H) IC 25-23.6;
(I) IC 25-24;
(J) IC 25-26;
(K) IC 25-27;
(L) IC 25-27.5;
(M) IC 25-29;
(N) IC 25-33;
(O) IC 25-34.5; or
(P) IC 25-35.6;
(2) services provided as the result of hospitalization;
(3) services incidental to the furnishing of services described in
subdivisions (1) or (2);
(4) any services by individuals certified as:
(A) paramedics;
(B) emergency medical technicians-intermediate;
(C) emergency medical technicians-advanced;
(D) emergency medical technicians basic-advanced; or
(E) emergency medical technicians under IC 16-31-2;
(5) any services provided by individuals certified as first
responders under IC 16-31-2; or
(6) any other services or goods furnished for the purpose of
preventing, alleviating, curing, or healing human illness,
physical disability, or injury.
____________________________ ____________________________
Representative Ruppel Senator Miller
Chairperson
____________________________ ____________________________
Representative Welch Senator Breaux
House Conferees Senate Conferees