§ 16-41-10-3.5 — Prohibiting physical restraint; releasing patient; immunity

Indiana § 16-41-10-3.5

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

Text

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.

Legislative History

As added by P.L.212-2003, SEC.9. Amended by P.L.112-2020, SEC.47.