The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Const. art. 4; Title 16 (Health), Article 41 (Public Health Measures for the Prevention and Control of Disease)
- Issued
- 2021-07-01 July 1, 2021
- 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
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capQuarantine and isolationStanding duty
- Addressees
- persons generally (every individual infected or exposed); public health authorities (State Department of Health and local health officers); premises where groups are isolated or quarantined
- Character
- statutory authority
- Collection
- Standing duties: Indiana DUT-IN
Operative words
The public health authority may issue an immediate order imposing isolation or quarantine on an individual if exigent circumstances, including the number of affected individuals, exist that make it impracticable for the public health authority to seek an order from a court, and obtaining the individual's voluntary compliance is or has proven impracticable or ineffective.
Penalty
Ind. Code 16-41-9-1.5(t): 'A person who knowingly or intentionally violates a condition of isolation or quarantine under this chapter commits violating quarantine or isolation, a Class A misdemeanor.' (Indiana Class A misdemeanor: up to one year and $5,000.)
What it required
Persons infected with or exposed to a serious communicable disease or outbreak submit to isolation or quarantine imposed by court order on a public health authority's verified petition, or by the authority's immediate order in exigent circumstances (posted on the premises where a group is affected); State and local law enforcement 'shall cooperate' in enforcement; the State Department publishes the list of reportable diseases and 'the control measures for the diseases and conditions' (section 16-41-2-1(b)(3)), which the local health officer implements under 410 IAC 1-2.5. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteSection 16-41-9-1 is repealed; the operative isolation and quarantine section is 16-41-9-1.5 (subsection (a) petition; (d) clear-and-convincing standard and least-restrictive conditions; (e)-(g) emergency orders; (k) immediate orders for groups with posting on the premises; (r) law-enforcement cooperation; (t) Class A misdemeanor). Section 16-41-2-1(a) authorizes rules 'including emergency rules' establishing 'reporting, monitoring, and preventive procedures for communicable diseases'; (b) requires publication of 'the control measures for the diseases and conditions' (the authority recited on the face of the IDOH COVID-19 Control Measures, Exs. IN-092 and DUT-IN-018, and in EO 21-19 para. 4, Ex. IN-068). Article 41 also carries a general Class B misdemeanor for failure to comply with several of its chapters (e.g., chapter 6). The 2021 edition text of these sections is identical in substance to the text in force in 2020 except as the P.L.112-2020 history lines record; the whole Article (2.8 MB) is saved so that any section can be pinned.