1. (a) A patient (including a patient who is unable to consent due to physical or mental incapacity) to whose blood or body fluids an emergency medical services provider is exposed as described in section 2 of this chapter is considered to have consented to:

   1. (1) testing for the presence of a dangerous communicable disease of a type that has been epidemiologically demonstrated to be transmittable by an exposure of the kind experienced by the emergency medical services provider; and

   2. (2) release of the testing results to a medical director or physician described in section 3 of this chapter.

      The medical director or physician shall notify the emergency medical services provider of the test results.

2. (b) If a patient described in subsection (a) refuses to provide a blood or body fluid specimen for testing for a dangerous communicable disease, the exposed emergency medical services provider, the exposed emergency medical services provider's employer, or the state department may petition the circuit or superior court having jurisdiction in the county:

   1. (1) of the patient's residence; or

   2. (2) where the employer of the exposed emergency medical services provider has the employer's principal office;

      for an order requiring that the patient provide a blood or body fluid specimen.

As added by P.L.212-2003, SEC.7.