§ 16-41-6-2 — Informed consent; court ordered examinations

(a) As used in this section, "informed consent"
means authorization for a physical examination, made without undue
inducement or any form of force, fraud, constraint, deceit, duress, or
coercion after the following:
(1) A fair explanation of the examination, including the purpose,
potential uses, limitations, and the fair meaning of the
examination results.
(2) A fair explanation of the procedures to be followed, including
the following:
(A) The voluntary nature of the examination.
(B) The right to withdraw consent to the examination process
at any time.
(C) The right to anonymity to the extent provided by law with
respect to participation in the examination and disclosure of
examination results.
(D) The right to confidential treatment to the extent provided by
law of information identifying the subject of the examination
and the results of the examination.
(b) If the state health commissioner, the state health commissioner's
legally authorized agent, or local health official has reasonable grounds
to believe that an individual may have a communicable disease or other
disease that poses a serious health risk, the state health commissioner,
the state health commissioner's legally authorized agent, or local health
officer may ask the individual for written informed consent to be
examined to prevent the transmission of the disease to other
individuals.
(c) If the individual, when requested, refuses such an examination,
the state health commissioner, the state health commissioner's legally
authorized agent, or local health officer may compel the examination
only upon a court order based on clear and convincing evidence of a
serious and present health threat to others posed by the individual.
(d) A hearing held under this section shall be held in camera at the
request of the individual.
[Pre-1993 Recodification Citation: 16-1-9.5-3.]

Legislative History

As added by P.L.2-1993, SEC.24. Amended by P.L.112-2020, SEC.20.