§ 16-41-6-1 — HIV screening and testing

Indiana § 16-41-6-1

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 6: Communicable Disease: Mandatory Testing of

Text

(a) As used in this section, "physician's
authorized representative" means:
(1) an advanced practice registered nurse (as defined by IC 25-23-1-1(b)) who is operating in collaboration with a licensed
physician; or
(2) an individual acting under the supervision of a licensed
physician and within the individual's scope of employment.
(b) A physician or the physician's authorized representative shall not
order an HIV test on an individual under the care of a physician unless
the physician or the physician's authorized representative does the
following:
(1) Informs the patient of the test, orally or in writing.
(2) Provides the patient with an explanation of the test orally, in
writing, by video, or by a combination of these methods.
(3) Informs the patient of the patient's right to ask questions and
to refuse the test.
Subject to subsection (e), if the patient refuses the test, the physician
or the physician's authorized representative may not perform the test
and shall document the patient's refusal in the patient's medical record.
(c) Unless it is clearly not feasible, the information delivered to the
patient who is to be tested under subsection (b) must be provided in the
native language or other communication used by the patient. If the
patient is unable to read written materials, the materials must be
translated or read to the patient in a language the patient understands.
(d) After ordering an HIV test for a patient, the physician or the
physician's authorized representative shall notify the patient of the test
results and the availability of HIV and other bloodborne disease
prevention counseling. If a test conducted under this section indicates
that a patient is HIV positive, in addition to the requirements set forth
in IC 16-41-2, the physician or the physician's authorized
representative shall inform the patient of the availability of counseling
and of the treatment and referral options available to the patient.
(e) A physician or a physician's authorized representative may order
an HIV test to be performed without informing the patient or the
patient's representative (as defined in IC 16-36-1-2) of the test or
regardless of the patient's or the patient's representative's refusal of the
HIV test if any of the following conditions apply:
(1) If ordered by a physician, consent can be implied due to
emergency circumstances and the test is medically necessary to
diagnose or treat the patient's emergent condition.
(2) Under a court order based on clear and convincing evidence
of a serious and present health threat to others posed by an
individual. A patient shall be notified of the patient's right to:
(A) a hearing; and
(B) counsel;
before a hearing is held under this subdivision. Any hearing
conducted under this subdivision shall be held in camera at the
request of the individual.
(3) If the test is done on blood collected or tested anonymously as
part of an epidemiologic survey under IC 16-41-2-3 or IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(6) The individual upon whom the test will be performed is
described in IC 16-41-8-6 or IC 16-41-10-2.5.
(7) A court has ordered the individual to undergo testing for HIV
under IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(17).
(f) The state department shall make HIV testing and treatment
information from the federal Centers for Disease Control and
Prevention available to health care providers.
(g) The state department may adopt rules under IC 4-22-2 necessary
to implement this section.
[Pre-1993 Recodification Citation: 16-1-9.5-2.5.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.106-1998, SEC.1; P.L.293-2001, SEC.3; P.L.212-2003, SEC.4; P.L.237-2003, SEC.6; P.L.97-2004, SEC.67; P.L.125-2007, SEC.1; P.L.94-2010, SEC.4; P.L.116-2012, SEC.1; P.L.147-2012, SEC.4; P.L.129-2018, SEC.12; P.L.112-2020, SEC.19.