Indiana Code 16-41-10-2.6. Emergency application for blood or body fluid specimen
(1) an emergency medical services provider;
Terms Used In Indiana Code 16-41-10-2.6
- emergency medical services provider: means a firefighter, a law enforcement officer, a paramedic, an emergency medical technician, a physician licensed under Indiana Code 16-41-10-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Verified: when applied to pleadings, means supported by oath or affirmation in writing. See Indiana Code 1-1-4-5
(3) a health care provider;
who have been exposed to blood or body fluids as described in section 2(a) of this chapter.
(b) A person to whom this section applies may submit an emergency application for a blood or body fluid specimen to a circuit or superior court having jurisdiction to issue a warrant.
(c) An emergency application for a blood or body fluid specimen must be verified and include the following information:
(1) The name and employing agency of the person exposed to the blood or body fluids.
(2) The name of the patient to whose blood or body fluids the person has been exposed.
(3) A concise description of the circumstances under which the exposure occurred.
(4) A concise explanation of why immediate testing is necessary.
(5) Any other information required by the court.
(d) If it appears from the emergency application for a blood or body fluid specimen that:
(1) the person exposed to the blood or body fluid is a person to whom this section applies; and
(2) immediate testing is necessary;
the court shall approve the emergency application for a blood or body fluid specimen ex parte, without notice or a hearing, and issue an emergency order requiring the patient to whose blood or body fluid the emergency medical services provider, health care provider, or law enforcement officer has been exposed to provide a blood or body fluid specimen for testing.
As added by P.L.224-2019, SEC.5. Amended by P.L.112-2020, SEC.45; P.L.156-2020, SEC.71.