Skip to Content

Ind. Code Ann. § 16-21-8-1.1 - Forensic Medical Examinations Without the Consent of the Examinee

Link to the law
This will open in a new window

This law sets forth the conditions under which a provider can conduct a forensic medical examination without the consent of the examinee:

  • When the examinee does not have capacity to provide informed consent and the provider’s medical opinion is that the examinee will not regain capacity to consent while the evidence is viable
  • When the provider has a reasonable suspicion that the examinee may be the victim of a sex crime
  • When the person legally authorized to consent on behalf of examinee is unavailable or is the suspected perpetrator.

The law immunizes the provider from civil liability for conducting such exam without consent under the conditions presented above, as long as the exam does not constitute gross negligence/willful or wanton misconduct.

Current as of June 2015