Ind. Code ch. 16-41-8

Ind. Code ch. 16-41-8
in effect

Ind. Code § 16-41-8-0.2 "Business associate"

Sec. 0.2. As used in this chapter, "business associate" has the meaning set forth in 45 CFR 160.103. As added by P.L.143-2025, SEC.30.

Ind. Code § 16-41-8-0.5 "Covered entity"

Sec. 0.5. As used in this chapter, "covered entity" has the meaning set forth in 45 CFR 160.103. As added by P.L.143-2025, SEC.31.

Ind. Code § 16-41-8-1 "Potentially disease transmitting offense"

Sec. 1. (a) As used in this chapter, "potentially disease transmitting offense" means any of the following: (1) Battery (IC 35-42-2-1) or domestic battery (IC 35-42-2-1.3) involving placing a bodily fluid or waste on another person. (2) An offense relating to a criminal sexual act (as defined in IC 35-31.5-2-216), if sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred. The term includes an attempt to commit an offense, if sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5) occurred, and a delinquent act that would be a crime if committed by an adult. (b) Except as provided in this chapter, a person may not disclose or be compelled to disclose medical or epidemiological information involving a communicable disease or other serious disease (as set forth in the list published under IC 16-41-2-1). This information may not be released or made public except under the following circumstances: (1) Release may be made of medical or epidemiologic information for statistical purposes if done in a manner that does not identify an individual. (2) Release may be made of medical or epidemiologic information with the written consent of all individuals identified in the information released. (3) Release may be made of medical or epidemiologic information to the extent necessary to enforce public health laws, laws described in IC 31-37-19-4 through IC 31-37-19-6, IC 31-37-19-9 through IC 31-37-19-10, IC 31-37-19-12 through IC 31-37-19-23, IC 35-38-1-7.1, and IC 35-45-21-1 or to protect the health or life of a named party. (4) Release may be made of the medical information of a person in accordance with this chapter. (5) Release may be made of the medical information or epidemiologic information of a person to an Indiana nonprofit entity that performs health data services for health care providers if the state department: (A) determines that the release is necessary as part of a response to a public health event, including an outbreak, epidemic, or pandemic; and (B) executes a data use agreement with the entity that specifies the permitted use and disclosure of any released information. (c) Except as provided in this chapter, a person responsible for recording, reporting, or maintaining information required to be reported under IC 16-41-2 who recklessly, knowingly, or intentionally discloses or fails to protect medical or epidemiologic information classified as confidential under this section commits a Class A misdemeanor. (d) In addition to subsection (c), a public employee who violates this section is subject to discharge or other disciplinary action under the personnel rules of the agency that employs the employee. (e) Release shall be made of the medical records concerning an individual to: (1) the individual; (2) a person authorized in writing by the individual to receive the medical records; or (3) a coroner under IC 36-2-14-21. (f) An individual may voluntarily disclose information about the individual's communicable disease. (g) The provisions of this section regarding confidentiality apply to information obtained by the state department or a local health department, including the health and hospital corporation created under IC 16-22-8, under IC 16-41-1 through IC 16-41-16. [Pre-1993 Recodification Citations: 16-1-9.5-7; 16-1-10.5-21(b).] As added by P.L.2-1993, SEC.24. Amended by P.L.181-1993, SEC.1; P.L.1-1997, SEC.99; P.L.28-2002, SEC.2; P.L.99-2002, SEC.7; P.L.135-2005, SEC.2; P.L.125-2009, SEC.1; P.L.114-2012, SEC.41; P.L.158-2013, SEC.241; P.L.149-2016, SEC.48; P.L.65-2016, SEC.7; P.L.218-2019, SEC.8; P.L.112-2020, SEC.29; P.L.130-2021, SEC.16; P.L.143-2025, SEC.32.

Ind. Code § 16-41-8-2 Voluntary contact notification program information; use as evidence; release

Sec. 2. (a) Identifying information voluntarily given to the health officer or an agent of the health officer through a voluntary contact notification program may not be used as evidence in a court proceeding to determine noncompliant behavior under IC 16-41-1 through IC 16-41-16. (b) A court may release to: (1) an individual; or (2) a representative designated in writing by the individual; information or records relating to the individual's medical condition if the individual is a party in a pending action involving restriction of the individual's actions under IC 16-41-1 through IC 16-41-16. A person who obtains information under this subsection is subject to section 1 of this chapter. [Pre-1993 Recodification Citation: 16-1-10.5-21(a), (c).] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-8-3 Violations

Sec. 3. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993, SEC.24.

Ind. Code § 16-41-8-4 Procedure for obtaining medical information concerning a person charged with certain offenses

Sec. 4. (a) This section: (1) applies to the release of medical information that may be relevant to the prosecution or defense of a person who has been charged with a potentially disease transmitting offense; and (2) does not apply to the disclosure by a covered entity, business associate acting on behalf of a covered entity, or health care provider of medical information of an alleged perpetrator if the covered entity, business associate, or health care provider, in good faith, believes that the disclosure provides evidence of criminal conduct that occurred on its premises. (b) A: (1) prosecuting attorney may seek to obtain access to a defendant's medical information if the defendant has been charged with a potentially disease transmitting offense; and (2) defendant who has been charged with a potentially disease transmitting offense may seek access to the medical information of another person if the medical information would be relevant to the defendant's defense; by filing a verified petition for the release of medical information with the court. (c) The prosecuting attorney or defendant who files a petition under subsection (b) shall serve a copy of the petition on: (1) the person whose medical information is sought; (2) the guardian, guardian ad litem, or court appointed special advocate appointed for a minor, parent, or custodian of a person who is incompetent, if applicable; and (3) the provider that maintains the record, or the attorney general if the provider is a state agency; at the time of filing in accordance with Indiana Trial Rule 4. (d) The court shall set the matter for hearing not later than twenty (20) days after the date of filing. (e) If, following a hearing for release of a person's medical information, the court finds probable cause to believe that the medical information may be relevant to the prosecution or defense of a person who has been charged with a potentially disease transmitting offense, the court shall order the person having custody of the person's medical information to release the medical information to the court. (f) The court shall examine the person's medical information in camera. If, after examining the medical information in camera and considering the evidence presented at the hearing, the court finds probable cause to believe that the medical information is relevant to the prosecution or defense of a person who has been charged with a potentially disease transmitting offense, the court may order the release of a person's medical information to the petitioner. (g) In an order issued under subsection (f), the court shall: (1) permit the disclosure of only those parts of the person's medical information that are essential to fulfill the objective of the order; (2) restrict access to the medical information to those persons whose need for the information is the basis of the order; and (3) include in its order any other appropriate measures to limit disclosure of the medical information to protect the right to privacy of the person who is the subject of the medical information. (h) A hearing for the release of a person's medical information may be closed to the public. The transcript of the hearing, the court's order, and all documents filed in connection with the hearing are confidential. In addition, if a person's medical information is disclosed in a legal proceeding, the court shall order the record or transcript of the testimony to be preserved as a confidential court record. (i) This section does not prohibit the application to medical information of any law concerning medical information that is not addressed by this section. As added by P.L.125-2009, SEC.2. Amended by P.L.1-2010, SEC.72; P.L.143-2025, SEC.33.

Ind. Code § 16-41-8-5 Medical screening of a person charged with certain offenses

Sec. 5. (a) This section does not apply to medical testing of an individual for whom an indictment or information is filed for a sex crime and for whom a request to have the individual tested under section 6 of this chapter is filed. (b) The following definitions apply throughout this section: (1) "Bodily fluid" means blood, human waste, or any other bodily fluid. (2) "Serious disease" means any of the following: (A) Chancroid. (B) Chlamydia. (C) Gonorrhea. (D) Hepatitis. (E) Human immunodeficiency virus (HIV). (F) Lymphogranuloma venereum. (G) Syphilis. (H) Tuberculosis. (3) "Offense involving the transmission of a bodily fluid" means any offense (including a delinquent act that would be a crime if committed by an adult) in which a bodily fluid is transmitted from the defendant to the victim in connection with the commission of the offense. (c) This subsection applies only to a defendant who has been charged with a potentially disease transmitting offense. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the commission of a potentially disease transmitting offense to submit to a screening test to determine whether the defendant is infected with a serious disease. In the petition, the prosecuting attorney must set forth information demonstrating that the defendant has committed a potentially disease transmitting offense. The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed a potentially disease transmitting offense, the court may order the defendant to submit to a screening test for one (1) or more serious diseases. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing. (d) This subsection applies only to a defendant who has been charged with an offense involving the transmission of a bodily fluid. At the request of an alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), the prosecuting attorney shall petition a court to order a defendant charged with the commission of an offense involving the transmission of a bodily fluid to submit to a screening test to determine whether the defendant is infected with a serious disease. In the petition, the prosecuting attorney must set forth information demonstrating that: (1) the defendant has committed an offense; and (2) a bodily fluid was transmitted from the defendant to the victim in connection with the commission of the offense. The court shall set the matter for hearing not later than forty-eight (48) hours after the prosecuting attorney files a petition under this subsection. The alleged victim of the offense, the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, and the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2) are entitled to receive notice of the hearing and are entitled to attend the hearing. The defendant and the defendant's counsel are entitled to receive notice of the hearing and are entitled to attend the hearing. If, following the hearing, the court finds probable cause to believe that the defendant has committed an offense and that a bodily fluid was transmitted from the defendant to the alleged victim in connection with the commission of the offense, the court may order the defendant to submit to a screening test for one (1) or more serious diseases. The court shall take actions to ensure the confidentiality of evidence introduced at the hearing. (e) The testimonial privileges applying to communication between a husband and wife and between a health care provider and the health care provider's patient are not sufficient grounds for not testifying or providing other information at a hearing conducted in accordance with this section. (f) A health care provider (as defined in IC 16-18-2-163) 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. (g) The results of a screening test conducted under this section shall be kept confidential if the defendant ordered to submit to the screening test under this section has not been convicted of the potentially disease transmitting offense or offense involving the transmission of a bodily fluid with which the defendant is charged. The results may not be made available to any person or public or private agency other than the following: (1) The defendant and the defendant's counsel. (2) The prosecuting attorney. (3) The department of correction or the penal facility, juvenile detention facility, or secure private facility where the defendant is housed. (4) The alleged victim or the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), and the alleged victim's counsel. The results of a screening test conducted under this section may not be admitted against a defendant in a criminal proceeding or against a child in a juvenile delinquency proceeding. (h) As soon as practicable after a screening test ordered under this section has been conducted, the alleged victim or the parent, guardian, or custodian of an alleged victim who is less than eighteen (18) years of age, or the parent, guardian, or custodian of an alleged victim who is an endangered adult (as defined in IC 12-10-3-2), and the victim's counsel shall be notified of the results of the test. (i) An alleged victim may disclose the results of a screening test to which a defendant is ordered to submit under this section to an individual or organization to protect the health and safety of or to seek compensation for: (1) the alleged victim; (2) the alleged victim's sexual partner; or (3) the alleged victim's family. (j) The court shall order a petition filed and any order entered under this section sealed. (k) A person that knowingly or intentionally: (1) receives notification or disclosure of the results of a screening test under this section; and (2) discloses the results of the screening test in violation of this section; commits a Class B misdemeanor. As added by P.L.125-2009, SEC.3. Amended by P.L.94-2010, SEC.5; P.L.158-2013, SEC.242; P.L.149-2016, SEC.49; P.L.65-2016, SEC.8; P.L.112-2020, SEC.30; P.L.190-2021, SEC.3.

Ind. Code § 16-41-8-6 Right of a victim to require certain defendants to undergo HIV testing; procedures

Sec. 6. (a) If an indictment or information alleges that the defendant compelled another person to engage in sexual activity by force or threat of force, the alleged victim of the offense described in the indictment or information may request that the defendant against whom the indictment or information is filed be tested for the human immunodeficiency virus (HIV). (b) Not later than forty-eight (48) hours after an alleged victim described in subsection (a) requests that the defendant be tested for the human immunodeficiency virus (HIV), the defendant must be tested for the human immunodeficiency virus (HIV). (c) As soon as practicable, the results of a test for the human immunodeficiency virus (HIV) conducted under subsection (b) shall be sent to: (1) the alleged victim; (2) the parent or guardian of the alleged victim, if the alleged victim is less than eighteen (18) years of age; and (3) the defendant. (d) If follow-up testing of the defendant for the human immunodeficiency virus (HIV) is necessary, the results of follow-up testing of the defendant shall be sent to: (1) the alleged victim; (2) the parent or guardian of the alleged victim if the alleged victim is less than eighteen (18) years of age; and (3) the defendant. As added by P.L.94-2010, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026