Sec. 1. (a) As used in this section, "physician's authorized representative" means:
(1) an advanced practice registered nurse (as defined by IC 25-23-1-1(b)) who is operating in collaboration with a licensed physician; or
(2) an individual acting under the supervision of a licensed physician and within the individual's scope of employment.
(b) A physician or the physician's authorized representative shall not order an HIV test on an individual under the care of a physician unless the physician or the physician's authorized representative does the following:
(1) Informs the patient of the test, orally or in writing.
(2) Provides the patient with an explanation of the test orally, in writing, by video, or by a combination of these methods.
(3) Informs the patient of the patient's right to ask questions and to refuse the test.
Subject to subsection (e), if the patient refuses the test, the physician or the physician's authorized representative may not perform the test and shall document the patient's refusal in the patient's medical record.
(c) Unless it is clearly not feasible, the information delivered to the patient who is to be tested under subsection (b) must be provided in the native language or other communication used by the patient. If the patient is unable to read written materials, the materials must be translated or read to the patient in a language the patient understands.
(d) After ordering an HIV test for a patient, the physician or the physician's authorized representative shall notify the patient of the test results and the availability of HIV and other bloodborne disease prevention counseling. If a test conducted under this section indicates that a patient is HIV positive, in addition to the requirements set forth in IC 16-41-2, the physician or the physician's authorized representative shall inform the patient of the availability of counseling and of the treatment and referral options available to the patient.
(e) A physician or a physician's authorized representative may order an HIV test to be performed without informing the patient or the patient's representative (as defined in IC 16-36-1-2) of the test or regardless of the patient's or the patient's representative's refusal of the HIV test if any of the following conditions apply:
(1) If ordered by a physician, consent can be implied due to emergency circumstances and the test is medically necessary to diagnose or treat the patient's emergent condition.
(2) Under a court order based on clear and convincing evidence of a serious and present health threat to others posed by an individual. A patient shall be notified of the patient's right to:
(A) a hearing; and
(B) counsel;
before a hearing is held under this subdivision. Any hearing conducted under this subdivision shall be held in camera at the request of the individual.
(3) If the test is done on blood collected or tested anonymously as part of an epidemiologic survey under IC 16-41-2-3 or IC 16-41-17-10(a)(5).
(4) The test is ordered under section 4 of this chapter.
(5) The test is required or authorized under IC 11-10-3-2.5.
(6) The individual upon whom the test will be performed is described in IC 16-41-8-6 or IC 16-41-10-2.5.
(7) A court has ordered the individual to undergo testing for HIV under IC 35-38-1-10.5(a) or IC 35-38-2-2.3(a)(17).
(f) The state department shall make HIV testing and treatment information from the federal Centers for Disease Control and Prevention available to health care providers.
(g) The state department may adopt rules under IC 4-22-2 necessary to implement this section.
[Pre-1993 Recodification Citation: 16-1-9.5-2.5.]
As added by P.L.2-1993, SEC.24. Amended by P.L.106-1998, SEC.1; P.L.293-2001, SEC.3; P.L.212-2003, SEC.4; P.L.237-2003, SEC.6; P.L.97-2004, SEC.67; P.L.125-2007, SEC.1; P.L.94-2010, SEC.4; P.L.116-2012, SEC.1; P.L.147-2012, SEC.4; P.L.129-2018, SEC.12; P.L.112-2020, SEC.19.