2006 Indiana Code - CHAPTER 8. EMERGENCY SERVICES TO SEX CRIME VICTIMS

IC 16-21-8
     Chapter 8. Emergency Services to Sex Crime Victims

IC 16-21-8-0.5
"Division"
     Sec. 0.5. As used in this chapter, "division" refers to the victim services division of the Indiana criminal justice institute established by IC 5-2-6-8(a).
As added by P.L.90-2005, SEC.4.

IC 16-21-8-0.6
"Provider"
     Sec. 0.6. As used in this chapter, "provider" means a hospital or licensed medical services provider that provides forensic medical exams and additional forensic services to a victim.
As added by P.L.90-2005, SEC.5. Amended by P.L.121-2006, SEC.22.

IC 16-21-8-0.7
"Victim"
     Sec. 0.7. As used in this chapter, "victim" means an alleged sex crime victim.
As added by P.L.90-2005, SEC.6.

IC 16-21-8-1
Forensic medical exams and additional forensic services; rules; enumeration of sex crimes
     Sec. 1. (a) A hospital licensed under IC 16-21-2 that provides general medical and surgical hospital services shall provide forensic medical exams and additional forensic services, in accordance with rules adopted by the victim services division of the Indiana criminal justice institute, to all alleged sex crime victims who apply for forensic medical exams and additional forensic services in relation to injuries or trauma resulting from the alleged sex crime.
    (b) For the purposes of this chapter, the following crimes are considered sex crimes:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Child molesting (IC 35-42-4-3).
        (4) Vicarious sexual gratification (IC 35-42-4-5).
        (5) Sexual battery (IC 35-42-4-8).
        (6) Sexual misconduct with a minor (IC 35-42-4-9).
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.7; P.L.36-1997, SEC.7; P.L.121-2006, SEC.23.

IC 16-21-8-2
Community or areawide plans; development; hospital participation
     Sec. 2. (a) Community or areawide plans may be developed by the hospitals.     (b) A hospital may participate with at least one (1) other hospital in a community or an areawide plan to furnish forensic medical exams and additional forensic services to alleged sex crime victims. A hospital participating in the plan must furnish the forensic medical exams and additional forensic services that the plan designates to an alleged sex crime victim who applies for forensic medical exams and additional forensic services for injuries or trauma resulting from the alleged sex crime.
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.24.

IC 16-21-8-3
Forensic medical exams and additional forensic services; consent
     Sec. 3. A hospital that provides forensic medical exams and additional forensic services shall provide the forensic medical exams and additional forensic services to an alleged sex crime victim under this chapter with the consent of the alleged sex crime victim and as ordered by the attending physician.
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.25.

IC 16-21-8-4
Assistance in development and operation of forensic medical exams and additional forensic services
     Sec. 4. The victim services division of the Indiana criminal justice institute shall assist in the development and operation of programs that provide forensic medical exams and additional forensic services to alleged sex crime victims, and if necessary, provide grants to hospitals for this purpose.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.8; P.L.121-2006, SEC.26.

IC 16-21-8-5
Payment of forensic medical exams; police report; requirements; suspension
     Sec. 5. (a) The division shall award compensation or reimbursement under this chapter for forensic medical exams.
    (b) The division shall award compensation or reimbursement under this chapter for additional forensic services if the following conditions are met:
        (1) If the victim is at least eighteen (18) years of age:
            (A) the sex crime must be reported to a law enforcement officer within ninety-six (96) hours after the crime's occurrence; and
            (B) the victim must cooperate to the fullest extent possible with law enforcement personnel to solve the crime.
        (2) If the victim is less than eighteen (18) years of age, a report of the sex crime must be made to child protective services or a law enforcement officer. The division may not deny an application for reimbursement under this subdivision based on the victim reporting the sex crime more than ninety-six (96) hours after the crime's occurrence.     (c) If the division finds a compelling reason for failure to report to or cooperate with law enforcement officials and justice requires, the division may suspend the requirements of this section.
    (d) A claim filed for services provided at a time before the provision of the forensic medical exams and additional forensic services for which an application for reimbursement is filed is not covered under this chapter.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.9; P.L.90-2005, SEC.7; P.L.121-2006, SEC.27.

IC 16-21-8-6
Services without charge; reimbursement
     Sec. 6. (a) When a provider provides forensic medical exams and additional forensic services under this chapter to a victim, the provider shall furnish the services without charge.
    (b) When a provider provides additional forensic services under section 5(b) and 5(c) of this chapter, the provider shall furnish the services without charge.
    (c) The division shall reimburse a provider for the cost for providing services and shall adopt rules and procedures to provide for reimbursement.
    (d) The application for reimbursement must be filed not more than one hundred eighty (180) days after the date the service was provided.
    (e) The division shall approve or deny an application for reimbursement filed under subsection (b) not more than one hundred twenty (120) days after receipt of the application for reimbursement.
    (f) A provider may not charge the victim for services required under this chapter despite delays in reimbursement from the division.
As added by P.L.2-1993, SEC.4. Amended by P.L.47-1993, SEC.10; P.L.36-1997, SEC.8; P.L.90-2005, SEC.8; P.L.121-2006, SEC.28.

IC 16-21-8-7
Abortion services not required
     Sec. 7. This chapter does not require a hospital to provide a service related to an abortion.
As added by P.L.2-1993, SEC.4.