Sec. 3.5. (a) A medical facility may not physically restrain a patient described in section 2.5 of this chapter in order to test the patient for the presence of a serious communicable disease.

     (b) Nothing in this chapter prohibits a patient from being discharged from a medical facility before:

(1) a test is performed under section 2.5 or 3 of this chapter; or

(2) the results of a test are released under section 3 of this chapter.

     (c) A provider or a facility that tests a patient for the presence of a serious communicable disease under section 2.5 or 3 of this chapter is immune from liability for the performance of the test over the patient’s objection or without the patient’s consent. However, this subsection does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct.

As added by P.L.212-2003, SEC.9. Amended by P.L.112-2020, SEC.47.