Indiana Code
Chapter 1. Entry of Judgment and Sentencing
35-38-1-10.5. Screening Test for Serious Diseases; Sex Crimes and Controlled Substances; Confirmatory Test; Presentence Investigation; Privileged Communications; Civil and Criminal Immunity

Sec. 10.5. (a) The court:
(1) shall order that a person undergo a screening test for the human immunodeficiency virus (HIV) if the person is:
(A) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or
(B) convicted of an offense relating to controlled substances and the offense involved:
(i) the delivery by any person to another person; or
(ii) the use by any person on another person;
of a contaminated sharp (as defined in IC 16-41-16-2) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact; and
(2) may order that a person undergo a screening test for a serious disease (as defined in IC 16-41-8-5) in accordance with IC 16-41-8-5.
(b) If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test.
(c) If the confirmatory test confirms the presence of the HIV antibodies, the court shall report the results to the state department of health and require a probation officer to conduct a presentence investigation to:
(1) obtain the medical record of the convicted person from the state department of health under IC 16-41-8-1(b)(3); and
(2) determine whether the convicted person had received risk counseling that included information on the behavior that facilitates the transmission of HIV.
(d) A person who, in good faith:
(1) makes a report required to be made under this section; or
(2) testifies in a judicial proceeding on matters arising from the report;
is immune from both civil and criminal liability due to the offering of that report or testimony.
(e) The privileged communication between a husband and wife or between a health care provider and the health care provider's patient is not a ground for excluding information required under this section.
(f) A mental health service provider (as defined in IC 34-6-2-80) who discloses information that must be disclosed to comply with this section is immune from civil and criminal liability under Indiana statutes that protect patient privacy and confidentiality.
As added by P.L.123-1988, SEC.26. Amended by P.L.184-1989, SEC.25; P.L.1-1990, SEC.347; P.L.2-1992, SEC.877; P.L.2-1993, SEC.183; P.L.1-1998, SEC.196; P.L.71-1998, SEC.2; P.L.125-2007, SEC.5; P.L.125-2009, SEC.5; P.L.86-2018, SEC.333; P.L.190-2021, SEC.11.

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