§ 16-41-10-2.6 — Emergency application for blood or body fluid specimen

Indiana § 16-41-10-2.6

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 10: Communicable Disease: Exposure Notification for

Text

6. (a) This section applies to:
(1) an emergency medical services provider;
(2) a law enforcement officer; and
(3) a health care provider;
who have been exposed to blood or body fluids as described in section
2(a) of this chapter.
(b) A person to whom this section applies may submit an emergency
application for a blood or body fluid specimen to a circuit or superior
court having jurisdiction to issue a warrant.
(c) An emergency application for a blood or body fluid specimen
must be verified and include the following information:
(1) The name and employing agency of the person exposed to the
blood or body fluids.
(2) The name of the patient to whose blood or body fluids the
person has been exposed.
(3) A concise description of the circumstances under which the
exposure occurred.
(4) A concise explanation of why immediate testing is necessary.
(5) Any other information required by the court.
(d) If it appears from the emergency application for a blood or body
fluid specimen that:
(1) the person exposed to the blood or body fluid is a person to
whom this section applies; and
(2) immediate testing is necessary;
the court shall approve the emergency application for a blood or body
fluid specimen ex parte, without notice or a hearing, and issue an
emergency order requiring the patient to whose blood or body fluid the
emergency medical services provider, health care provider, or law
enforcement officer has been exposed to provide a blood or body fluid
specimen for testing.

Legislative History

As added by P.L.224-2019, SEC.5. Amended by P.L.112-2020, SEC.45; P.L.156-2020, SEC.71.