Indiana § 16-41-10-2.5 Consent by patient to testing and release of testing results; refusing
testing; petitioning court

Indiana Statutes

§ 16-41-10-2.5 — Consent by patient to testing and release of testing results; refusing testing; petitioning court

Indiana § 16-41-10-2.5

Title 16HEALTH

Art. 41PUBLIC HEALTH MEASURES FOR THE

Ch. 10Communicable Disease: Exposure Notification for

This text of Indiana § 16-41-10-2.5 (Consent by patient to testing and release of testing results; refusing testing; petitioning court) 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 § 16-41-10-2.5 (2026).

Text

5.

(a)A patient (including a patient who is unable to consent due to physical or mental incapacity) to whose blood or body fluids an emergency medical services provider, a health care provider, or a law enforcement officer is exposed as described in section 2 of this chapter is considered to have consented to:

(1)testing for the presence of a serious communicable disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the emergency medical services provider, health care provider, or law enforcement officer; and

(2)release of the testing results to a medical director or physician described in section 3 of this chapter. The medical director or physician shall notify the emergency medical services provider, health care pr

Free access — add to your briefcase to read the full text and ask questions with AI

5. (a) A patient (including a patient who is
unable to consent due to physical or mental incapacity) to whose blood
or body fluids an emergency medical services provider, a health care
provider, or a law enforcement officer is exposed as described in
section 2 of this chapter is considered to have consented to:
(1) testing for the presence of a serious communicable disease of
a type that has been epidemiologically demonstrated to be
transmittable by an exposure of the kind experienced by the
emergency medical services provider, health care provider, or law
enforcement officer; and
(2) release of the testing results to a medical director or physician
described in section 3 of this chapter.
The medical director or physician shall notify the emergency medical
services provider, health care provider, or law enforcement officer of
the test results.
(b) If a patient described in subsection (a) refuses to provide a blood
or body fluid specimen for testing for a serious communicable disease,
the exposed emergency medical services provider, health care provider,
or law enforcement officer, the exposed emergency medical services
provider's, health care provider's, or law enforcement officer's
employer, or the state department may petition the circuit or superior
court having jurisdiction in the county:
(1) of the patient's residence; or
(2) where the employer of the exposed emergency medical
services provider, health care provider, or law enforcement officer
has the employer's principal office;
for an order requiring that the patient provide a blood or body fluid
specimen, including an emergency order for a blood or body fluid
specimen under section 2.6 of this chapter.
(c) If a patient described in subsection (a) refuses to provide a blood
or body fluid specimen for testing for a serious communicable disease,
and that patient is a witness, bystander, or victim of alleged criminal
activity (IC 35-31.5-2-73), the exposed emergency medical services
provider, health care provider, or law enforcement officer, the exposed
emergency medical services provider's, health care provider's, or law
enforcement officer's employer, or the state department may submit the
form described in section 2 of this chapter to the medical director or
physician of a hospital licensed under IC 16-21-2, IC 16-22-2, or IC 16-23-1. The medical director or physician described in this section
shall notify the emergency medical services provider, health care
provider, or law enforcement officer of the test results not more than
forty-eight (48) hours after the medical director or physician receives
the test results.