2016 Indiana Code
TITLE 16. HEALTH
ARTICLE 21. HOSPITALS
CHAPTER 8. EMERGENCY SERVICES TO SEX CRIME VICTIMS
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IC 16-21-8
Chapter 8. Emergency Services to Sex Crime Victims
IC 16-21-8-0.1
Repealed
(As added by P.L.41-2007, SEC.6. Repealed by P.L.161-2014,
SEC.10.)
IC 16-21-8-0.2
Definitions
Sec. 0.2. The following definitions apply throughout this chapter:
(1) "Division" refers to the victim services division of the
Indiana criminal justice institute established by IC 5-2-6-8(a).
(2) "Evidence" means the results collected from a forensic
medical examination of a victim by a provider.
(3)"Provider" means a hospital or licensed medical services
provider that provides forensic medical exams and additional
forensic services to a victim.
(4) "Sample" means the result collected from a forensic medical
examination of the victim by a provider, when the victim has
not yet reported the sex crime to law enforcement.
(5) "Secured storage" means a method of storing a sample that
will adequately safeguard the integrity and viability of the
sample.
(6) "Sexual assault examination kit" means the standard medical
forensic examination kit for victims of sexual assault developed
by the state police department under IC 10-11-2-33.
(7) "Sexual assault nurse examiner" means a registered nurse
who:
(A) has received training to provide comprehensive care to
sexual assault survivors; and
(B) can:
(i) conduct a forensic medical examination; and
(ii) collect evidence from a sexual assault victim.
As added by P.L.161-2014, SEC.11.
IC 16-21-8-0.3
Repealed
(As added by P.L.41-2007, SEC.7. Repealed by P.L.161-2014,
SEC.12.)
IC 16-21-8-0.5
Repealed
(As added by P.L.90-2005, SEC.4. Amended by P.L.41-2007,
SEC.8. Repealed by P.L.161-2014, SEC.13.)
IC 16-21-8-0.6
Repealed
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(As added by P.L.90-2005, SEC.5. Amended by P.L.121-2006,
SEC.22; P.L.41-2007, SEC.9. Repealed by P.L.161-2014, SEC.14.)
IC 16-21-8-0.7
Repealed
(As added by P.L.90-2005, SEC.6. Amended by P.L.41-2007,
SEC.10. Repealed by P.L.161-2014, SEC.15.)
IC 16-21-8-0.8
Repealed
(As added by P.L.41-2007, SEC.11. Repealed by P.L.161-2014,
SEC.16.)
IC 16-21-8-0.9
Repealed
(As added by P.L.41-2007, SEC.12. Repealed by P.L.161-2014,
SEC.17.)
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 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. To the extent practicable, the hospital shall use a
sexual assault examination kit to conduct forensic exams and provide
forensic services. The provision of services may not be dependent on
a victim's reporting to, or cooperating with, law enforcement.
(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) (repealed).
(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).
(7) Child solicitation (IC 35-42-4-6).
(8) Child seduction (IC 35-42-4-7).
(9) Incest (IC 35-46-1-3).
(c) Payment for services under this section shall be processed in
accordance with rules adopted by the victim services division of the
Indiana criminal justice institute.
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; P.L.41-2007, SEC.13;
P.L.158-2013, SEC.228; P.L.214-2013, SEC.15; P.L.161-2014,
SEC.18.
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IC 16-21-8-1.1
Forensic medical examinations without consent of the examinee
Sec. 1.1. (a) A provider may conduct a forensic medical
examination without the consent of the person who is the subject of
the examination, or the consent of another person authorized to give
consent under IC 16-36-1-5, if the following conditions are met:
(1) The person:
(A) does not have the capacity to provide informed consent
under IC 16-36-1; and
(B) is, based on the medical opinion of the health care
provider, incapable of providing consent within the time for
evidence to be collected through a forensic medical
examination.
(2) The provider has a reasonable suspicion that the person may
be the victim of a sex crime.
(3) A person authorized to give consent under IC 16-36-1-5 is:
(A) not reasonably available; or
(B) the suspected perpetrator of the sex crime.
(b) A provider is immune from civil liability for conducting a
forensic medical examination without consent in accordance with
this section unless performance of the forensic medical examination
constitutes gross negligence or willful or wanton misconduct.
As added by P.L.161-2014, SEC.19.
IC 16-21-8-1.5
Appointment of a sexual assault response team
Sec. 1.5. If a sexual assault response team has not been
established in a county, the prosecuting attorney shall appoint a
sexual assault response team in that county, or the county shall join
with one (1) or more other counties to create a regional team, to
comply with duties assigned to sexual assault response teams under
this chapter.
As added by P.L.41-2007, SEC.14.
IC 16-21-8-2
County or regional sexual response team; duties
Sec. 2. (a) Each county or regional sexual assault response team
shall develop a plan that establishes the protocol for sexual assault
victim response and treatment, including the:
(1) collection;
(2) preservation;
(3) secured storage; and
(4) destruction;
of samples.
(b) The plan under subsection (a) shall address the following
regarding an alleged sexual assault victim who is at least eighteen
(18) years of age and who either reports a sexual assault or elects not
to report a sexual assault to law enforcement:
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(1) The method of maintaining the confidentiality of the alleged
sexual assault victim regarding the chain of custody and secured
storage of a sample.
(2) The development of a victim notification form that notifies
an alleged sexual assault victim of his or her rights under the
law.
(3) How a victim will receive the victim notification form.
(4) Identification of law enforcement agencies that will be
responsible to transport samples.
(5) Agreements between medical providers and law
enforcement agencies to pick up and store samples.
(6) Maintaining samples in secured storage.
(7) Procedures to destroy a sample following applicable statute
of limitations.
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.24;
P.L.41-2007, SEC.15.
IC 16-21-8-3
Forensic medical exams and additional forensic services; consent
Sec. 3. A physician or sexual assault nurse examiner who 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.
As added by P.L.2-1993, SEC.4. Amended by P.L.121-2006, SEC.25;
P.L.41-2007, SEC.16.
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; requirements; suspension
Sec. 5. (a) The division shall award compensation or
reimbursement under this chapter for forensic medical exams.
(b) The division is not required to award compensation or
reimbursement under this chapter for additional forensic services
unless the following conditions are met:
(1) The victim is at least eighteen (18) years of age.
(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
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law enforcement officer.
(3) The sex crime occurred in Indiana.
If the division finds a compelling reason for failure to comply with
the requirements of this section, the division may suspend the
requirements of this section.
(c) 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; P.L.41-2007, SEC.17.
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.
IC 16-21-8-9
Duties of a provider; delayed implementation
Sec. 9. (a) Prior to the discharge of a victim from the hospital, a
provider shall:
(1) require the victim to sign a form that notifies the victim of
his or her rights under this chapter;
(2) provide a copy of the signed form to the victim; and
(3) inform law enforcement that the sample is available.
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(b) The director of the Indiana criminal justice institute may delay
the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation
of this section, the director shall notify the prosecuting attorney of
each county of the director's action and when funding become
available to implement this section.
As added by P.L.41-2007, SEC.18.
IC 16-21-8-10
Law enforcement duty to transport a sample to secured storage;
victim notification; county plans
Sec. 10. (a) Law enforcement shall:
(1) obtain the sample within forty-eight (48) hours after
receiving a provider's notification; and
(2) transport the sample to secured storage.
(b) Law enforcement shall keep the sample in secured storage
until the earlier of the following:
(1) At least one (1) year after the date the sample is placed in
secured storage.
(2) The victim reports the sex crime to law enforcement and the
sample is transported to the crime lab for investigation and use
as evidence.
(c) The division shall notify the victim, as described in subsection
(d), that the victim's sample will be removed from secured storage
and may be destroyed if the victim does not report the sex crime to
law enforcement on or before the date described in subsection (b)(1).
(d) The notice the division is required to provide a victim under
subsection (c) shall be sent:
(1) by first class mail to the individual's last known address;
(2) by electronic mail to the individual's last known electronic
mail address; and
(3) six (6) months and thirty (30) days before the date described
in subsection (b)(1).
(e) Each county shall develop and implement a plan for the
secured storage of samples.
(f) The director of the Indiana criminal justice institute may delay
the implementation of this section until the earlier of the following:
(1) A date set by the director.
(2) The date funding becomes available by a grant through the
criminal justice institute or by an appropriation from the general
assembly.
If the director of the criminal justice institute delays implementation
of this section, the director shall notify the prosecuting attorney of
each county of the director's action and when funding becomes
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available to implement this section.
(g) The failure to comply with:
(1) this chapter;
(2) a plan adopted by a county; or
(3) a protocol adopted by a sexual assault response team;
does not, standing alone, affect the admissibility of a sample as
evidence in a criminal or civil proceeding.
As added by P.L.41-2007, SEC.19.
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