(a) A provider may conduct a forensic medical examination without the consent of the person who is the subject of the examination, or the consent of another person authorized to give consent under IC 16-36-1-5, if the following conditions are met:(1) The person:(A) does not have the capacity to provide informed consent under IC 16-36-1; and(B) is, based on the medical opinion of the health care provider, incapable of providing consent within the time for evidence to be collected through a forensic medical examination.(2) The provider has a reasonable suspicion that the person may be the victim of a sex crime.(3) A person authorized to give consent under IC 16-36-1-5 is:(A) not reasonably available; or(B) the suspected perpetrator of the sex crime.(b) A provider is immune from civil liability for conducting a forensic medical examination without consent in accordance with this section unless performance of the forensic medical examination constitutes gross negligence or willful or wanton misconduct.As added by P.L.161-2014, SEC.19.
Indiana Legal Code