2017 Indiana Code
TITLE 16. Health
ARTICLE 21. HOSPITALS
CHAPTER 8. Emergency Services to Sex Crime Victims
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.
