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.
Structure Indiana Code
Chapter 8. Emergency Services to Sex Crime Victims
16-21-8-1. Forensic Medical Exams and Additional Forensic Services; Rules; Enumeration of Sex Crimes
16-21-8-1.1. Forensic Medical Examinations Without Consent of the Examinee
16-21-8-1.5. Appointment of a Sexual Assault Response Team
16-21-8-2. County or Regional Sexual Response Team; Duties
16-21-8-3. Forensic Medical Exams and Additional Forensic Services; Consent
16-21-8-5. Payment of Forensic Medical Exams; Requirements; Suspension
16-21-8-6. Services Without Charge; Reimbursement
16-21-8-7. Abortion Services Not Required
16-21-8-9. Duties of a Provider; Delayed Implementation
16-21-8-9.5. Shower After Forensic Medical Examination
16-21-8-11. Confidentiality of Sexual Assault Examination Kits
16-21-8-12. Sexual Assault Examination Kit Tracking, Status, and Storage