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Ex. DUT-IN-007 Standing duty Primary source read

410 IAC 1-2.5, Communicable Disease Reporting and Control (Title 410, Article 1, Rule 2.5; official compilation published by the Indiana Department of Health): sections 410 IAC 1-2.5-75 and -76 (reporting), -77 (disease intervention measures), -79 (general control measures), -80 to -148 (specific control measures)

Communicable Disease Reporting and Control rule: duties of health officers, cases, carriers and contacts; general and specific control measures

Indiana Department of Health (Indiana State Department of Health; executive board rulemaking under Ind. Code 16-19-3-4 and 16-41-2-1) · Indiana (State)

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The record

Jurisdiction
Indiana
Level
State
Authority
Ind. Code 16-19-3-4; Ind. Code 16-41-2-1; Ind. Code 16-41-9 (affected)
Issued
2015-11-25 Nov. 25, 2015
Effective
In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3 (read as 2020-03-01)
End
standing (read as 2021-09-30)
In force
Standing since Mar. 1, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesQuarantine and isolationStanding dutyOperating condition
Addressees
  • persons generally (cases, carriers, suspect cases and contacts); employers of food, daycare and health care workers (exclusion from work); health care providers and laboratories (reporting); local health officers and the commissioner
Character
statutory duty
Collection
Standing duties: Indiana DUT-IN

Operative words

A local health officer or the commissioner, upon learning or being notified of communicable diseases that are not covered by any specific control measures in this section, shall place such restrictions upon the movements of cases or carriers and their contacts as may be reasonably necessary to prevent the spread of disease.

Penalty

Enforced through the isolation and quarantine orders and Class A misdemeanor of Ind. Code 16-41-9-1.5 (Ex. DUT-IN-001), the abatement and injunction powers of Ind. Code 16-20-1-25 and -26 (Ex. DUT-IN-003) and the State enforcement power of Ind. Code 16-19-3-12 (Ex. DUT-IN-004); the rule itself carries no separate fine

What it required

Health officers investigate every reported case ('Findings of the investigation shall be used to institute control measures to minimize or abrogate the risk of disease spread,' section 77(d)) and restrict the movements of cases, carriers and contacts of any communicable disease, including a disease not listed, applying the APHA Control of Communicable Diseases Manual 'to the extent that they are not in conflict with the laws of Indiana or this rule' (section 79(3)); cases, carriers and contacts submit to the least restrictive medically necessary procedures, including ceasing conduct that constitutes a health threat and confinement to a home or facility (section 79(8)); the specific measures for food employees, daycare workers and health care workers exclude cases from work (e.g., section 80 et seq.).

Retrieval note

Section 79 is the authority recited on the face of the IDOH COVID-19 Control Measures ('410 Ind. Admin. Code 1-2.5-79,' EO 21-19 para. 4, Ex. IN-068) and in the library record of Ex. IN-092; COVID-19 itself is not among the diseases with a codified specific control measure in this compilation, which is why the Department issued the COVID-19 Control Measures under section 79(2) and Ind. Code 16-41-2-1(b) (Exs. IN-092, DUT-IN-018). Section 79(4): procedures 'shall include provisions for proper hand washing procedures and universal precautions.' Section 77(b): the local health department 'is responsible for... instituting control measures.' The saved compilation is the Department's official PDF of Title 410, Article 1 (Communicable Disease Control), 887 KB.