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. (1) The person:

      1. (A) does not have the capacity to provide informed consent under IC 16-36-1 ; and
      2. (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. (2) The provider has a reasonable suspicion that the person may be the victim of a sex crime.

   3. (3) A person authorized to give consent under IC 16-36-1-5 is:

      1. (A) not reasonably available; or
      2. (B) the suspected perpetrator of the sex crime.
2. (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.

As added by P.L.161-2014, SEC.19.