Section 16-41-9-5 - Mentally ill and serious or gravely disabled individuals with a communicable disease; detention; application for detention(a) If a designated health official determines that an individual with a communicable disease has a serious communicable disease and has reasonable grounds to believe that the individual with a communicable disease is mentally ill and either dangerous or gravely disabled, the designated health official may request emergency detention under IC 12-26-5 for the purpose of having the individual with a communicable disease apprehended, detained, and examined. The designated health official may provide to the superintendent of the psychiatric hospital or center or the attending physician information about the communicable disease status of the individual with a communicable disease. Communications under this subsection do not constitute a breach of confidentiality.(b) If the application for detention required under IC 12-26-5 states there is probable cause to believe the individual with a communicable disease is mentally ill and either dangerous or gravely disabled and requires continuing care and treatment, proceedings may continue under IC 12-26.(c) If the court does not approve an application for detention required under IC 12-26-5, or if an application for detention is not timely filed, the individual with a communicable disease shall be referred to the designated health official who may take action under this article.Pre-1993 Recodification Citation: 16-1-10.5-13.
Amended by P.L. 205-2023,SEC. 23, eff. 7/1/2023.Amended by P.L. 112-2020,SEC. 34, eff. 7/1/2020.As added by P.L. 2-1993, SEC.24.