Sec. 5. (a) The clerk of the circuit court shall distribute to marriage license applicants written information or videotaped information approved by the HIV advisory council of the Indiana department of health concerning serious communicable diseases that are sexually transmitted.

     (b) Written information and videotaped information distributed by each clerk of the circuit court under subsection (a) must provide current information on human immunodeficiency virus (HIV) infection and other serious communicable diseases that are sexually transmitted. The information must include an explanation of the following:

(1) The etiology of serious communicable diseases that are sexually transmitted.

(2) The behaviors that create a high risk of transmission of such diseases.

(3) Precautionary measures that reduce the risk of contracting such diseases.

(4) The necessity for consulting medical specialists if infection is suspected.

     (c) At the time of application for a marriage license, each clerk of the circuit court shall:

(1) provide the marriage license applicants with written information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted; or

(2) show the marriage license applicants videotaped information furnished under subsection (a) concerning dangerous communicable diseases that are sexually transmitted.

     (d) In addition to the information provided to marriage license applicants under subsection (c), each clerk of the circuit court shall inform each marriage license applicant that the applicant may be tested on a voluntary basis for human immunodeficiency virus (HIV) infection by the applicant’s private physician or at another testing site. The clerk shall provide the marriage applicants with a list of testing sites in the community.

     (e) An applicant who objects to the written information or videotaped information on religious grounds is not required to receive the information.

     (f) If materials required by this section are not prepared by other sources, the Indiana department of health shall prepare the materials.

     (g) The provider of the materials is responsible for all costs involved in the development, preparation, and distribution of the information required by this section. Except for the materials developed by the state, the state and county are not liable for the costs of materials used to implement this section and section 4 of this chapter.

[Pre-1997 Recodification Citation: 31-7-3-3.5.]

As added by P.L.1-1997, SEC.3. Amended by P.L.112-2020, SEC.58; P.L.56-2023, SEC.253.