Sec. 5. (a) Except as provided in subsection (e) and section 7 of this chapter, a practitioner shall test each donor of semen for the following diseases before the donor provides a donation:

(1) Syphilis.

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Terms Used In Indiana Code 16-41-14-5

  • artificial insemination: means the introduction of semen into the vagina or cervix of a woman by means other than through the act of coitus. See Indiana Code 16-41-14-2
  • Donor: The person who makes a gift.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • practitioner: means a person who:

    Indiana Code 16-41-14-4

(2) Hepatitis B surface antigen and core antibody.

(3) HIV antibody.

     (b) Except as provided in section 7 of this chapter, a practitioner shall test each recipient initially and at least annually as long as artificial insemination procedures are continuing for the following diseases:

(1) Syphilis.

(2) Hepatitis B surface antigen.

(3) HIV antibody.

     (c) A practitioner shall perform or arrange for a confirmatory test for HIV antibody if the initial screening test for HIV antibody yields positive results.

     (d) The practitioner shall report the information required under IC 16-41-2 when a test performed under subsection (c) confirms the presence of a disease required to be reported to the state department.

     (e) If a practitioner states in writing that a person has a disease or will soon undergo medical treatment that may damage the person’s:

(1) ability to donate semen; or

(2) semen;

the practitioner shall allow the person to donate semen before performing the tests required under subsection (a).

[Pre-1993 Recodification Citation: 16-8-7.5-6.]

As added by P.L.2-1993, SEC.24. Amended by P.L.255-1996, SEC.14.