Sec. 10.5. (a) The court: (1) shall order that a person undergo a screening test for the human immunodeficiency virus (HIV) if the person is: (A) convicted of an offense relating to a criminal sexual act and the offense created an epidemiologically demonstrated risk of transmission of the human immunodeficiency virus (HIV); or (B) convicted of an offense relating to controlled substances and the offense involved: (i) the delivery by any person to another person; or (ii) the use by any person on another person; of a contaminated sharp (as defined in IC 16-41-16-2 ) or other paraphernalia that creates an epidemiologically demonstrated risk of transmission of HIV by involving percutaneous contact; and (2) may order that a person undergo a screening test for a serious disease (as defined in IC 16-41-8-5 ) in accordance with IC 16-41-8-5 . (b) If the screening test required by this section indicates the presence of antibodies to HIV, the court shall order the person to undergo a confirmatory test. (c) If the confirmatory test confirms the presence of the HIV antibodies, the court shall report the results to the Indiana department of health and require a probation officer to conduct a presentence investigation to: (1) obtain the medical record of the convicted person from the Indiana department of health under IC 16-41-8-1 (b)(3); and (2) determine whether the convicted person had received risk counseling that included information on the behavior that facilitates the transmission of HIV. (d) A person who, in good faith: (1) makes a report required to be made under this section; or (2) testifies in a judicial proceeding on matters arising from the report; is immune from both civil and criminal liability due to the offering of that report or testimony. (e) The privileged communication between a husband and wife or between a health care provider and the health care provider's patient is not a ground for excluding information required under this section. (f) A mental health service provider (as defined in IC 34-6-2.1-123 ) 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.
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