2014 Indiana Code TITLE 16. HEALTH ARTICLE 41. PUBLIC HEALTH MEASURES FOR THE PREVENTION AND CONTROL OF DISEASE CHAPTER 13. COMMUNICABLE DISEASE: BODY FLUID PRECAUTIONS WITH RESPECT TO HANDLING OF DEAD BODIES
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IC 16-41-13
Chapter 13. Communicable Disease: Body Fluid Precautions
With Respect to Handling of Dead Bodies
IC 16-41-13-1
Notice requirement
Sec. 1. (a) The attending physician or health care provider shall
prepare and attach to the body of a deceased individual a conspicuous
notice with the statement: "Observe Body Fluid Precautions"
whenever the physician or provider knows that at least one (1) of the
following disease processes was present in the deceased at the time
of death:
(1) Hepatitis (Types B, non A, non B).
(2) Human immunodeficiency virus (HIV) infection (acquired
immune deficiency syndrome and AIDS related complex).
(3) Tuberculosis.
(4) Herpes.
(5) Gonorrhea.
(6) Syphilis (primary and secondary).
(7) Burkett's lymphoma.
(8) Kaposi's sarcoma.
(9) Arthropod-borne viral diseases.
(10) Babesiosis.
(11) Creutzfeldt-Jakob disease.
(12) Leptospirosis.
(13) Malaria.
(14) Rat-bite fever.
(15) Relapsing fever.
(16) Y. Pestis.
(17) Hemorrhagic fevers.
(18) Rabies.
(19) Any other communicable disease (as defined in
IC 16-41-2).
(b) The notice required in this chapter must accompany the body
when the body is picked up for disposition.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-2
Presentation of notice
Sec. 2. A person who:
(1) picks up or transports a body for disposition; and
(2) has received notice of a communicable disease under this
chapter;
shall present the notice described in section 1 of this chapter to the
embalmer, funeral director, or other person taking possession of the
body.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-3
Confidentiality of information
Sec. 3. (a) Information regarding a deceased individual's
communicable disease contained in the notice required by this
chapter shall be kept confidential by the attending physician, health
care provider, funeral director, or other person in possession of the
body. Such information may be disclosed only if the information is
required by state or federal law or under a court order based on
circumstances described in IC 16-41-8-1.
(b) An attending physician, health care provider, or other person
in possession of the body who discloses information in violation of
this chapter commits a Class A misdemeanor.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-4
Refusal or failure to give notice; penalty
Sec. 4. A person who knowingly refuses or fails to give notice
under section 1 of this chapter to persons disposing of a body that the
deceased individual was known to have been diagnosed as having a
communicable disease listed in section 1 of this chapter commits a
Class C misdemeanor.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-5
Use of universal precautions
Sec. 5. The provisions of IC 16-41-11 requiring the use of
universal precautions apply to embalmers, funeral directors, and other
persons who take possession of or handle a body.
As added by P.L.2-1993, SEC.24.
IC 16-41-13-6
Violations
Sec. 6. (a) Except as otherwise provided, a person who recklessly
violates or fails to comply with this chapter commits a Class B
misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.
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