Sec. 1.1. (a) A provider may conduct a forensic medical examination without the consent of the person who is the subject of the examination, or the consent of another person authorized to give consent under IC 16-36-1-5 , if the following conditions are met: (1) The person: (A) does not have the capacity to provide informed consent under IC 16-36-1 ; and (B) is, based on the medical opinion of the health care provider, incapable of providing consent within the time for evidence to be collected through a forensic medical examination. (2) The provider has a reasonable suspicion that the person may be the victim of a sex crime. (3) A person authorized to give consent under IC 16-36-1-5 is: (A) not reasonably available; or (B) the suspected perpetrator of the sex crime. (b) A provider is immune from civil liability for conducting a forensic medical examination without consent in accordance with this section unless performance of the forensic medical examination constitutes gross negligence or willful or wanton misconduct.
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