Introduced Version






SENATE BILL No. 307

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 16-18-2-328.3 ; IC 16-41-7 .

Synopsis: Duty to warn about sexually transmitted diseases. Provides that a person who knows that the person carries specified sexually transmitted diseases and who recklessly fails to warn the person's sexual partners of the status commits a Class B misdemeanor. Requires a physician who diagnoses, treats, or counsels a person who is a carrier of a sexually transmitted disease to inform the patient of the patient's duty to warn the person's sexual partners.

Effective: July 1, 2003.





Miller




    January 15, 2003, read first time and referred to Committee on Health and Provider Services.







Introduced

First Regular Session 113th General Assembly (2003)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 307



    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 16-18-2-328.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 328.3. "Sexually transmitted disease", for purposes of IC 16-41-7-1.5 , includes the diseases set forth in IC 16-41-7-1.5 (b).
    SECTION 2. IC 16-41-7-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 1.5. (a) As used in this section, "person at risk" refers to:
        (1) past and present sexual partners who may have engaged in; or
        (2) sexual partners before engaging in;
sexual contact that has been demonstrated epidemiologically to transmit a sexually transmitted disease.
    (b) As used in this section, "sexually transmitted disease" includes the following diseases:
        (1) Syphilis.


        (2) Genital herpes.
        (3) Gonorrhea.
        (4) Chlamydia.
        (5) Human papillomavirus.
    (c) A person who:
        (1) is a carrier of a sexually transmitted disease; and
        (2) knows that the person carries a sexually transmitted disease;
has a duty to warn a person at risk of the person's sexually transmitted disease status and to advise the person at risk to seek health care such as counseling and testing.
    
SECTION 3. IC 16-41-7-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3.5. A licensed physician who diagnoses, treats, or counsels a patient with a sexually transmitted disease specified in section 1.5(b) of this chapter shall inform the patient of the patient's duty under section 1.5 of this chapter.