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:

Terms Used In Indiana Code 16-41-10-3

  • emergency medical services provider: means a firefighter, a law enforcement officer, a paramedic, an emergency medical technician, a physician licensed under Indiana Code 16-41-10-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(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.

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