Ind. Code ch. 16-41-10

in effect

Ind. Code § 16-41-10-1 "Emergency medical services provider" defined

Sec. 1. As used in this chapter, "emergency medical services provider" means a firefighter, a law enforcement officer, a paramedic, an emergency medical technician, a physician licensed under IC 25-22.5, a nurse licensed under IC 25-23, or other person who provides emergency medical services in the course of the person's employment. [Pre-1993 Recodification Citation: 16-1-45-3.] As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.15; P.L.212-2003, SEC.5.

Ind. Code § 16-41-10-2 Notification of emergency medical services providers and law enforcement officers

Sec. 2. (a) This section applies to the following: (1) An emergency medical services provider who is exposed to blood and body fluids while providing emergency medical services to a patient. (2) A law enforcement officer who is exposed to blood and body fluids while performing the law enforcement officer's official duties. (3) A health care provider who is exposed to blood and body fluids while providing medical care to a patient. (b) An emergency medical services provider, a health care provider, or a law enforcement officer may request notification concerning exposure to a serious communicable disease under this chapter if the exposure is of a type that has been demonstrated epidemiologically to transmit a serious communicable disease. (c) If an emergency medical services provider, a health care provider, or a law enforcement officer desires to be notified of results of testing following a possible exposure to a serious communicable disease under this chapter, the emergency medical services provider, health care provider, or law enforcement officer shall notify the emergency medical services provider's, health care provider's, or law enforcement officer's employer not more than twenty-four (24) hours after the emergency medical services provider, health care provider, or law enforcement officer is exposed on a form that is prescribed by the state department and the Indiana emergency medical services commission. (d) The emergency medical services provider, health care provider, or law enforcement officer shall distribute a copy of the completed form required under subsection (c) to the following: (1) If applicable, the medical director of the emergency department of the medical facility: (A) to which the patient was admitted following the exposure; or (B) in which the patient was located at the time of the exposure. (2) The emergency medical services provider's, health care provider's, or law enforcement officer's employer. [Pre-1993 Recodification Citation: 16-1-45-5.] As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.16; P.L.212-2003, SEC.6; P.L.131-2018, SEC.1; P.L.112-2020, SEC.43; P.L.147-2023, SEC.18.

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

Sec. 2.5. (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. As added by P.L.212-2003, SEC.7. Amended by P.L.131-2018, SEC.2; P.L.224-2019, SEC.4; P.L.112-2020, SEC.44; P.L.190-2021, SEC.4.

Ind. Code § 16-41-10-2.6 Emergency application for blood or body fluid specimen

Sec. 2.6. (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. As added by P.L.224-2019, SEC.5. Amended by P.L.112-2020, SEC.45; P.L.156-2020, SEC.71.

Ind. Code § 16-41-10-3 Notification of facilities

Sec. 3. (a) Except as provided in subsection (b), if a patient to whose blood or body fluids an emergency medical services provider, health care provider, or a law enforcement officer is exposed as described in section 2 of this chapter: (1) is admitted to a medical facility following the exposure or is located in a medical facility at the time of the exposure, a physician designated by the medical facility shall, not more than seventy-two (72) hours after the medical facility is notified under section 2 of this chapter: (A) cause a blood or body fluid specimen to be obtained from the patient and testing to be performed for 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 (B) notify the medical director of the emergency medical services provider's or health care provider's, employer or a physician as designated under subsection (b) or (c); or (2) is not described in subdivision (1), 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: (A) arrange for testing of the patient as soon as possible; or (B) petition the circuit or superior court having jurisdiction in the county of the patient's residence or 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. (b) An emergency medical services provider or health care provider may, on the form described in section 2 of this chapter, designate a physician other than the medical director of the emergency medical services provider's employer or health care provider's employer to receive the test results. (c) A law enforcement officer shall, on the form described in section 2 of this chapter, designate a physician to receive the test results. (d) 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. [Pre-1993 Recodification Citation: 16-1-45-6.] As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.17; P.L.212-2003, SEC.8; P.L.97-2004, SEC.69; P.L.131-2018, SEC.3; P.L.112-2020, SEC.46.

Ind. Code § 16-41-10-3.5 Prohibiting physical restraint; releasing patient; immunity

Sec. 3.5. (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. As added by P.L.212-2003, SEC.9. Amended by P.L.112-2020, SEC.47.

Ind. Code § 16-41-10-4 Disclosure of exposure to communicable disease; treatment and counseling

Sec. 4. (a) A medical director or physician notified under section 3 of this chapter shall, not more than forty-eight (48) hours after receiving the notification under section 3 of this chapter, contact the emergency medical services provider, health care provider, or law enforcement officer described in section 2 of this chapter to do the following: (1) Explain, without disclosing information about the patient, the serious communicable disease to which the emergency medical services provider, health care provider, or law enforcement officer was exposed. (2) Provide for any medically necessary treatment and counseling to the emergency medical services provider, health care provider, or law enforcement officer. (b) Expenses of testing or treatment and counseling are the responsibility of the emergency medical services provider, health care provider, or the provider's or law enforcement officer's employer. [Pre-1993 Recodification Citation: 16-1-45-7.] As added by P.L.2-1993, SEC.24. Amended by P.L.186-1995, SEC.18; P.L.212-2003, SEC.10; P.L.131-2018, SEC.4; P.L.112-2020, SEC.48.

Ind. Code § 16-41-10-5 Disclosure of medical or epidemiological information; penalties

Sec. 5. (a) Except as otherwise provided in this chapter, the medical information referred to in this chapter is confidential, and a person may not disclose or be compelled to disclose medical or epidemiological information referred to in this chapter. (b) A person responsible for recording, reporting, or maintaining information referred to in this chapter who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiological information classified as confidential under this section commits a Class A misdemeanor. (c) In addition to the penalty prescribed by subsection (b), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee. [Pre-1993 Recodification Citation: 16-1-45-8.] As added by P.L.2-1993, SEC.24. Amended by P.L.212-2003, SEC.11.

Ind. Code § 16-41-10-6 Good faith reports; immunity

Sec. 6. A person who makes a report under this chapter in good faith is not subject to liability in a civil, an administrative, a disciplinary, or a criminal action. [Pre-1993 Recodification Citation: 16-1-45-9.] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-10-7 Violations

Sec. 7. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-10-8 Rules

Sec. 8. The state department shall adopt rules under IC 4-22-2 to carry out this chapter. [Pre-1993 Recodification Citation: 16-1-45-10.] As added by P.L.2-1993, SEC.24.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026