Indiana § 16-21-8-1.1 Forensic medical examinations without consent of the examinee

Indiana Statutes

§ 16-21-8-1.1 — Forensic medical examinations without consent of the examinee

Indiana § 16-21-8-1.1

Title 16HEALTH

Art. 21HOSPITALS

Ch. 8Emergency Services to Sex Crime Victims

This text of Indiana § 16-21-8-1.1 (Forensic medical examinations without consent of the examinee) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-21-8-1.1 (2026).

Text

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 ci

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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.