Human immunodeficiency virus (HIV) screening test; sex crimes
and controlled substances; confirmatory test; presentence
investigation; marital privilege; mental health service provider's
civil and criminal immunity
Sec. 10.5. (a) The court:
(1) shall order that a person undergo a screening test for the
human immunodeficiency virus (HIV) if the person is:
(A) convicted of a sex crime listed in section 7.1(e) of this
chapter and the crime created an epidemiologically
demonstrated risk of transmission of the human
immunodeficiency virus (HIV) as described in section
7.1(b)(8) of this chapter; or
(B) convicted of an offense related to controlled substances
listed in section 7.1(f) of this chapter and the offense
involved the conditions described in section 7.1(b)(9)(A) of
this chapter; and
(2) may order that a person undergo a screening test for the
human immunodeficiency virus (HIV) if the court has made a
finding of probable cause after a hearing under section 10.7 of
this chapter.
(b) If the screening test required by this section indicates the
presence of antibodies to HIV, the court shall order the person to
undergo a confirmatory test.
(c) If the confirmatory test confirms the presence of the HIV
antibodies, the court shall report the results to the state department
of health and require a probation officer to conduct a presentence
investigation to:
(1) obtain the medical record of the convicted person from the
state department of health under IC 16-41-8-1(a)(3); and
(2) determine whether the convicted person had received risk
counseling that included information on the behavior that
facilitates the transmission of HIV.
(d) A person who, in good faith:
(1) makes a report required to be made under this section; or
(2) testifies in a judicial proceeding on matters arising from the
report;
is immune from both civil and criminal liability due to the offering
of that report or testimony.
(e) The privileged communication between a husband and wife or
between a health care provider and the health care provider's patient
is not a ground for excluding information required under this section.
(f) A mental health service provider (as defined in IC 34-6-2-80)
who discloses information that must be disclosed to comply with this
section is immune from civil and criminal liability under Indiana
statutes that protect patient privacy and confidentiality.
As added by P.L.123-1988, SEC.26. Amended by P.L.184-1989,
SEC.25; P.L.1-1990, SEC.347; P.L.2-1992, SEC.877; P.L.2-1993,
SEC.183; P.L.1-1998, SEC.196; P.L.71-1998, SEC.2.
Last modified: May 24, 2006