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Indiana Code Title 36. Local Government § 36-2-14-22.1

Current as of January 02, 2024 | Updated by Findlaw Staff

<Text of section effective Jan. 1, 2026.  See, also, version of IC 36-2-14-22.1 effective until Jan. 1, 2026.>

Sec. 22.1. (a) As used in this section, “hospital” refers to a hospital that is licensed under IC 16-21-2.

(b) Upon the request of a coroner who is conducting or will conduct a death investigation on an individual who is admitted or was admitted to a hospital, the hospital shall provide a sample of the individual's blood or tissue to the coroner.

(c) A hospital shall have a blood retention protocol for the preservation of the first sample of blood drawn for an individual seeking treatment of emergency care services at an emergency department of the hospital, regardless of whether the individual is ultimately admitted to the hospital.  The protocol shall include a plan for:

(1) when a patient is transferred to another hospital;  and

(2) notifying the laboratory for a requisition or order for whole blood sample analysis to indicate when a patient is:

(A) treated for an injury that is suspicious, violent, accidental, or from an overdose;  and

(B) determined by a provider to be critically injured or mortally wounded at the time the patient seeks emergency care services at the emergency department.

(d) A laboratory that receives an order for whole blood sample analysis and the notification under subsection (c)(2) shall do the following:

(1) The laboratory shall hold the blood sample in storage until the earlier of the following:

(A) The expiration of the twenty-one (21) day period beginning on the date that the sample of the patient's blood is drawn.

(B) The date of the patient's discharge from the hospital.  For purposes of this clause, the transfer of the patient to another hospital does not constitute a discharge.

(C) The date of the patient's death.

(2) This subdivision applies if:

(A) the patient is transferred to another hospital;  and

(B) at the time of the transfer, the transferring hospital is still holding the first blood sample in storage in accordance with subdivision (1)(A).

The transferring hospital laboratory shall hold the first blood sample in storage in accordance with subdivision (1)(A), unless the transferring hospital laboratory receives information from the receiving hospital that the patient has been discharged from the receiving hospital or has died.

The requirements set forth in this subsection may be waived in any case where the sample is tested and cannot be retained for reasons of medical necessity in the clinical care of the patient.

(e) A coroner does not need to obtain a warrant to request a blood or tissue sample under this section.

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Cite this article: FindLaw.com - Indiana Code Title 36. Local Government § 36-2-14-22.1 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-36-local-government/in-code-sect-36-2-14-22-1/

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