SEA 255 — Forensic Medical Exam Without Consent

SEA 255 adds IC 16-21-8-1.1 on July 1, 2014, which is a new law that allows a forensic medical examination, such as a sexual assault examination kit, without the consent of the alleged victim or the consent of another person authorized to give consent if:

  1. the person does not have the capacity to give consent and in the medical opinion of the health care provider is incapable of providing consent within the timeframe for evidence to be collected;
  2. the examiner has a reasonable suspicion that the person may be the victim of a sex crime; and
  3. a person authorized to give consent is not reasonably available or is the suspected perpetrator of the crime.
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