2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 11. COMMUNICABLE DISEASE: TRAINING IN HEALTH PRECAUTIONS FOR COMMUNICABLE DISEASES
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IC 16-41-11
Chapter 11. Communicable Disease: Training in Health
Precautions for Communicable Diseases
IC 16-41-11-1
Employer
Sec. 1. As used in this chapter, "employer" has the meaning set
forth in IC 22-8-1.1-1.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-2
Facility
Sec. 2. As used in this chapter, "facility" means a building where
an individual handles blood or other body fluids in the regular course
of the individual's employment.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-3
Universal precautions
Sec. 3. As used in this chapter, "universal precautions" means
procedures specified by rule adopted by the state department under
IC 4-22-2 that are used to prevent the transmission of dangerous
communicable diseases, including acquired immune deficiency
syndrome (AIDS), through blood or other body fluids.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-4
Use of universal precautions
Sec. 4. An individual who has professional, employment, or
volunteer duties that require the individual to have direct contact with
blood or body fluids in the scope of the individual's duties must use
universal precautions.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-5
Training and equipment
Sec. 5. An employer shall provide training and the necessary
equipment to each employee and student trainee who has duties that
require the employee to have direct contact with blood or body fluids
in the scope of the employee's employment. The employer shall
comply with the following:
(1) The training must be provided before the individual is given
an assignment where contact with blood or body fluids is likely.
(2) The training must include training in the universal
precautions and other infection control measures that the state
department adopts by rule under IC 4-22-2.
(3) An attendance record must be maintained of an individual's
participation in the training that is provided. The record must be
made available to the state department for inspection under
section 7 of this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-6
Personnel policy
Sec. 6. An employer who is required to provide training under
section 5 of this chapter shall develop a written personnel policy that
does the following:
(1) Requires the use of universal precautions when an individual
has direct contact with blood or other body fluids.
(2) Provides sanctions, including discipline and dismissal if
warranted, for failure to use universal precautions.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-7
Inspections; compliance orders; civil penalties; reports of violations
Sec. 7. (a) The state department may designate an agent who, upon
presentation of proper credentials, may enter a facility to inspect for
possible violations of this chapter or rules adopted under this chapter.
(b) The state department may commence an action under
IC 4-21.5-3-6 or IC 4-21.5-4 for issuance of an order of compliance
and civil penalty not to exceed one thousand dollars ($1,000) per
violation per day against a person who does any of the following:
(1) Fails to comply with this chapter or rules adopted under this
chapter.
(2) Interferes with or obstructs the state department or the state
department's designated agent in the performance of official
duties under this chapter.
(c) The state department may commence an action against a
facility under either:
(1) subsection (b); or
(2) the licensure statute for the facility;
if the facility is licensed by the state department. However, the state
department may not bring an action arising out of one (1) incident
under both statutes.
(d) The state department may report to any other board or agency
responsible for licensure, registration, or certification of health care
providers, facilities, or other health care workers an individual or
facility that is found to be operating in violation of this chapter or
rules adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-8
Complaints
Sec. 8. (a) A person who believes that this chapter or rules adopted
under this chapter have been violated may file a complaint with the
state department. A complaint must be in writing unless the violation
complained of constitutes an emergency. The state department shall
reduce an oral complaint to writing. The state department shall
maintain the confidentiality of the person who files the complaint.
(b) The state department shall promptly investigate all complaints
received under this section.
(c) The state department shall not disclose the name or identifying
characteristics of the person who files a complaint under this section
unless:
(1) the person consents in writing to the disclosure; or
(2) the investigation results in an administrative or judicial
proceeding and disclosure is ordered by the administrative law
judge or the court.
(d) The state department shall give a person who files a complaint
under this section the opportunity to withdraw the complaint before
disclosure.
(e) An employee must make a reasonable attempt to ascertain the
correctness of any information to be furnished and may be subject to
disciplinary actions for knowingly furnishing false information,
including suspension or dismissal, as determined by the employer or
the ethics commission. However, an employee disciplined under this
subsection is entitled to process an appeal of the disciplinary action
under any procedure otherwise available to the employee by
employment contract, collective bargaining agreement, or, if the
employee is an employee of the state, IC 4-15-2.2-42.
(f) The employer of an employee who files a complaint in good
faith with the state department under this section may not, solely in
retaliation for filing the complaint, do any of the following:
(1) Dismiss the employee.
(2) Withhold salary increases or employment related benefits
from the employee.
(3) Transfer or reassign the employee.
(4) Deny a promotion that the employee would have received.
(5) Demote the employee.
As added by P.L.2-1993, SEC.24. Amended by P.L.222-2005,
SEC.31; P.L.6-2012, SEC.121.
IC 16-41-11-9
Rules
Sec. 9. The state department shall adopt rules under IC 4-22-2 to
implement this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-11-10
Expert review panels
Sec. 10. (a) This section does not apply to a medical review panel
created under IC 34-18-10 (or IC 27-12-10 before its repeal) or a peer
review committee (as defined in IC 34-6-2-99).
(b) The state department may authorize by rule expert review
panels to provide confidential consultation and advice to health care
workers who are:
(1) infected with the human immunodeficiency virus (HIV); or
(2) infected with the hepatitis-B virus (HBV) and are
hepatitis-Be antigen (HBeAg) positive.
(c) All proceedings and communications of an authorized expert
review panel are confidential and privileged communications.
(d) A member or a member of the staff of an authorized expert
review panel is immune from any civil liability for any act, statement,
determination, or recommendation made in good faith in the scope of
the panel's duties.
As added by P.L.95-1994, SEC.3. Amended by P.L.1-1998, SEC.123.
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