Sec. 3.5. (a) A medical facility may not physically restrain a patient described in section 2.5 of this chapter in order to test the patient for the presence of a serious communicable disease.
(b) Nothing in this chapter prohibits a patient from being discharged from a medical facility before:
(1) a test is performed under section 2.5 or 3 of this chapter; or
(2) the results of a test are released under section 3 of this chapter.
(c) A provider or a facility that tests a patient for the presence of a serious communicable disease under section 2.5 or 3 of this chapter is immune from liability for the performance of the test over the patient's objection or without the patient's consent. However, this subsection does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct.
As added by P.L.212-2003, SEC.9. Amended by P.L.112-2020, SEC.47.
Structure Indiana Code
Article 41. Public Health Measures for the Prevention and Control of Disease
16-41-10-1. "Emergency Medical Services Provider" Defined
16-41-10-2. Notification of Emergency Medical Services Providers and Law Enforcement Officers
16-41-10-2.6. Emergency Application for Blood or Body Fluid Specimen
16-41-10-3. Notification of Facilities
16-41-10-3.5. Prohibiting Physical Restraint; Releasing Patient; Immunity
16-41-10-4. Disclosure of Exposure to Communicable Disease; Treatment and Counseling
16-41-10-5. Disclosure of Medical or Epidemiological Information; Penalties