reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 9.2. Down Syndrome and Other Conditions Diagnosed Prenatally › 16-35-9.2-1. Criteria for Information; Approval of Materials

Sec. 1. (a) The state department shall identify current, evidence based, written information that concerns the prenatal diagnosis of Down syndrome and any other condition diagnosed prenatally that meets all the following criteria:
(1) The information is designed for use by an expectant parent or parent who receives a prenatal test result for Down syndrome or any other condition diagnosed prenatally.
(2) The information does not implicitly or explicitly reference pregnancy termination.
(3) The information is culturally and linguistically appropriate for potential recipients of the information.
(4) The information includes a brief description and contact information for state and local advocacy organizations that advocate for people with intellectual and other developmental disabilities, including Down syndrome and other conditions diagnosed prenatally. The information may include information hotlines, resource centers, Internet web sites, and clearinghouses.
(b) The state department may approve material submitted by state and local advocacy organizations that advocate for people with intellectual and other developmental disabilities, including Down syndrome and other conditions diagnosed prenatally, if the information meets the criteria required in subsection (a). The information may include information hotlines, resource centers, Internet web sites, and clearinghouses.
As added by P.L.63-2015, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 9.2. Down Syndrome and Other Conditions Diagnosed Prenatally › 16-35-9.2-2. Approval of Information; Web Site Information

Sec. 2. The state department shall do the following:
(1) Approve the information identified under section 1 of this chapter for use by:
(A) health care facilities and health care providers that furnish prenatal care or genetic counseling to expectant parents who receive a prenatal test result for Down syndrome or any other condition diagnosed prenatally; and
(B) parents of a child diagnosed with Down syndrome or any other condition diagnosed prenatally.
(2) Make available the information identified under section 1 of this chapter on the state department's Internet web site.
As added by P.L.63-2015, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 9.2. Down Syndrome and Other Conditions Diagnosed Prenatally › 16-35-9.2-3. Information Provided to Parents

Sec. 3. When a positive result from a test for Down syndrome or any other condition diagnosed prenatally is received, a health care facility or health care provider shall provide to the expectant parent or the parent of the child diagnosed with Down syndrome or any other condition diagnosed prenatally the written information approved and made available by the state department under section 2 of this chapter.
As added by P.L.63-2015, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 10. Opioid Addiction Recovery Pilot Program for Pregnant Women and Women With Newborns › 16-35-10-1. "Pilot Program"

Sec. 1. As used in this chapter, "pilot program" means the opioid addiction recovery pilot program for pregnant women and women with newborns established by section 2 of this chapter.
As added by P.L.174-2017, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 10. Opioid Addiction Recovery Pilot Program for Pregnant Women and Women With Newborns › 16-35-10-2. Establishment of Pilot Program

Sec. 2. Subject to the approval of the Indiana commission to combat substance use disorder, the opioid addiction recovery pilot program for pregnant women and women with newborns is established to assist pregnant women and women with newborns by providing substance abuse and addiction treatment in a residential care facility and providing home visitation services.
As added by P.L.174-2017, SEC.1. Amended by P.L.114-2022, SEC.26.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 10. Opioid Addiction Recovery Pilot Program for Pregnant Women and Women With Newborns › 16-35-10-3. Eligibility for Participation

Sec. 3. To be eligible for participation in the pilot program, a woman must:
(1) either:
(A) be a pregnant woman; or
(B) be a woman with a newborn child; and
(2) seek assistance for recovery from an opioid addiction.
As added by P.L.174-2017, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 10. Opioid Addiction Recovery Pilot Program for Pregnant Women and Women With Newborns › 16-35-10-4. Pilot Program Requirements

Sec. 4. The pilot program must include:
(1) treatment in a residential care facility for recovery from opioid addiction for a pregnant woman or a woman with her newborn, including:
(A) addiction treatment, including, if appropriate, medication assisted treatment with a long acting, nonaddictive medication approved by the federal Food and Drug Administration for the treatment of opioid or alcohol dependence;
(B) counseling;
(C) life skills classes;
(D) parenting skills classes; and
(E) other services designed to prepare the woman for life with a newborn outside the residential care facility; and
(2) ongoing home visits with a pregnant woman or woman with a newborn, including the provision of:
(A) addiction treatment, including, if appropriate, medication assisted treatment with a long acting, nonaddictive medication approved by the federal Food and Drug Administration for the treatment of opioid or alcohol dependence;
(B) life skills education;
(C) parenting skills education;
(D) counseling; and
(E) any other appropriate assistance;
following the woman's discharge from the residential care facility.
As added by P.L.174-2017, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 10. Opioid Addiction Recovery Pilot Program for Pregnant Women and Women With Newborns › 16-35-10-5. Administration of Pilot Program; Treatment Location Requirements

Sec. 5. (a) The state department shall administer the pilot program.
(b) The pilot program must include treatment in a residential care facility located in the following locations:
(1) One (1) facility located in Marion County.
(2) One (1) facility located in Winchester.
(3) One (1) facility located in the southern part of Indiana.
(c) The state department may contract with one (1) or more appropriate entities to implement this chapter.
As added by P.L.174-2017, SEC.1.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 11. Assessment of Substance Use Disorder in Pregnancy › 16-35-11-3. Required Screening for Substance Use Disorder

Sec. 3. Each health care provider shall use a validated and evidence based verbal screening tool to assess a substance use disorder in pregnancy for all pregnant women who are seen by the health care provider:
(1) as early as possible at the onset of prenatal care; and
(2) throughout the pregnancy, including during the first, second, and third trimester.
As added by P.L.292-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 11. Assessment of Substance Use Disorder in Pregnancy › 16-35-11-4. Substance Use Disorder Treatment Guidelines

Sec. 4. (a) The state department shall establish guidelines for health care providers treating substance use disorder in pregnancy. When developing the guidelines, the state department shall consult with the Indiana perinatal quality improvement collaborative.
(b) The state department shall make the guidelines established under subsection (a) available on the state department's Internet web site.
As added by P.L.292-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 35. Children's Health › Chapter 11. Assessment of Substance Use Disorder in Pregnancy › 16-35-11-5. Treatment for Substance Use Disorder

Sec. 5. If, after using the screening tool under section 3(1) of this chapter, a health care provider identifies a pregnant woman who has a substance use disorder and is not currently receiving treatment, the health care provider shall:
(1) provide treatment to the patient; or
(2) refer the patient to treatment.
As added by P.L.292-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-1. "Health Care"

Sec. 1. As used in this chapter, "health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. The term includes admission to a health care facility.
[Pre-1993 Recodification Citation: 16-8-12-1(2).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-2. "Representative"

Sec. 2. As used in this chapter, "representative" means:
(1) an individual at least eighteen (18) years of age;
(2) a corporation;
(3) a trust;
(4) a limited liability company;
(5) a partnership;
(6) a business trust;
(7) an estate;
(8) an association;
(9) a joint venture;
(10) a government or political subdivision;
(11) an agency;
(12) an instrumentality; or
(13) any other legal or commercial entity;
appointed to consent to health care of another under this chapter.
[Pre-1993 Recodification Citation: 16-8-12-1(5).]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.5.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-3. Consent for Own Health Care; Minor's Blood Donation

Sec. 3. (a) Except as provided in subsections (b) through (d), unless incapable of consenting under section 4 of this chapter, an individual may consent to the individual's own health care if the individual is:
(1) an adult; or
(2) a minor and:
(A) is emancipated;
(B) is:
(i) at least fourteen (14) years of age;
(ii) not dependent on a parent or guardian for support;
(iii) living apart from the minor's parents or from an individual in loco parentis; and
(iv) managing the minor's own affairs;
(C) is or has been married;
(D) is in the military service of the United States;
(E) meets the requirements of section 3.5 of this chapter; or
(F) is authorized to consent to the health care by any other statute.
(b) A person at least seventeen (17) years of age is eligible to donate blood in a voluntary and noncompensatory blood program without obtaining permission from a parent or guardian.
(c) A person who is sixteen (16) years of age is eligible to donate blood in a voluntary and noncompensatory blood program if the person has obtained written permission from the person's parent or guardian.
(d) An individual who has, suspects that the individual has, or has been exposed to a sexually transmitted infection is competent to give consent for medical or hospital care or treatment of the individual.
[Pre-1993 Recodification Citations: 16-8-2-1; 16-8-5-1; 16-8-12-2.]
As added by P.L.2-1993, SEC.19. Amended by P.L.4-2010, SEC.1; P.L.139-2019, SEC.1; P.L.50-2021, SEC.35; P.L.147-2023, SEC.13.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-3.5. Consent by Pregnant Minor for Pregnancy Health Care; Contacting Minor's Parent or Guardian

Sec. 3.5. (a) This section does not apply to consent to the provision of an abortion or completion of a POST form.
(b) A minor who:
(1) is at least sixteen (16) years of age; and
(2) is:
(A) pregnant;
(B) in labor; or
(C) postpartum for a sixty (60) day period after the birth;
is competent to give consent for the minor's medical or hospital care and treatment with respect to the pregnancy, delivery, and postpartum care of the minor.
(c) Before a health care provider may provide care to a minor described in subsection (b), the health care provider shall, before or at the initial appointment for treatment, make a reasonable effort to contact the minor's parent or guardian for consent to provide the treatment and document in writing each attempt the health care provider made to contact the parent or guardian of the minor. If, after the health care provider has made a reasonable attempt to contact the minor's parent or guardian before or at the initial appointment for treatment, either:
(1) the health care provider is unable to make contact; or
(2) the parent or guardian of the minor refuses to provide consent for treatment;
the health care provider shall act in the manner that is in the best interests of the minor and the fetus.
(d) If, after the initial appointment or treatment, the health care provider determines that additional care is in the best interest of the minor and the fetus, the health care provider shall make one (1) additional attempt to contact the parent or guardian of the minor for consent, if applicable, before:
(1) the provision of prenatal care;
(2) the delivery of the baby; and
(3) the provision of postpartum care.
As added by P.L.139-2019, SEC.2.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-4. Incapacity to Consent; Invalid Consent

Sec. 4. (a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care.
(b) A consent to health care under section 5, 6, or 7 of this chapter is not valid if:
(1) the health care provider has knowledge that the individual has indicated contrary instructions in regard to the proposed health care; and
(2) the individual has not been determined to be incapable of consenting to health care by:
(A) an order of a probate court under section 8 of this chapter; or
(B) the individual's attending physician under subsection (a).
[Pre-1993 Recodification Citation: 16-8-12-3.]
As added by P.L.2-1993, SEC.19. Amended by P.L.50-2021, SEC.36.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-6. Delegated Authority to Consent on Behalf of Incapable Party

Sec. 6. (a) A representative authorized to consent to health care for another under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), 5(a)(6), 5(b)(2), or 5(b)(3) of this chapter who for a time will not be reasonably available to exercise the authority may delegate the authority to consent during that time to another representative not disqualified under section 9 or 9.5 of this chapter. The delegation:
(1) must be in writing;
(2) must be signed by the delegate;
(3) must be witnessed by an adult; and
(4) may specify conditions on the authority delegated.
(b) Unless the writing expressly provides otherwise, the delegate may not delegate the authority to another representative.
(c) The delegate may revoke the delegation at any time by notifying orally or in writing the delegate or the health care provider.
[Pre-1993 Recodification Citation: 16-8-12-5.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.7; P.L.67-2018, SEC.4.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-7. Appointed Representative; Qualifications; Conditions; Effective Date; Duties; Resignation; Revocation of Appointment

Sec. 7. (a) An individual who may consent to health care under section 3 of this chapter may appoint another representative to act for the appointor in matters affecting the appointor's health care.
(b) An appointment and any amendment must meet the following conditions:
(1) Be in writing.
(2) Be signed by the appointor or by a designee in the appointor's presence before January 1, 2023.
(3) Be witnessed by an adult other than the representative.
(c) The appointor may specify in the appointment appropriate terms and conditions, including an authorization to the representative to delegate the authority to consent to another.
(d) The authority granted becomes effective according to the terms of the appointment.
(e) The appointment does not commence until the appointor becomes incapable of consenting. The authority granted in the appointment is not effective if the appointor regains the capacity to consent.
(f) Unless the appointment provides otherwise, a representative appointed under this section who is reasonably available and willing to act has priority to act in all matters of health care for the appointor, except when the appointor is capable of consenting.
(g) In making all decisions regarding the appointor's health care, a representative appointed under this section shall act as follows:
(1) In the best interest of the appointor consistent with the purpose expressed in the appointment.
(2) In good faith.
(h) A health care representative who resigns or is unwilling to comply with the written appointment may not exercise further power under the appointment and shall so inform the following:
(1) The appointor.
(2) The appointor's legal representative if one is known.
(3) The health care provider if the representative knows there is one.
(i) An individual who is capable of consenting to health care may revoke:
(1) the appointment at any time by notifying the representative orally or in writing; or
(2) the authority granted to the representative by notifying the health care provider orally or in writing.
[Pre-1993 Recodification Citation: 16-8-12-6.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.8; P.L.50-2021, SEC.37.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-8. Probate Court Petition; Hearing; Notice; Findings

Sec. 8. (a) A health care provider or any interested person (as defined in IC 30-5-2-6) may petition the probate court in the county where the individual who is the subject of the petition is present for purposes of receiving health care to:
(1) make a health care decision or order health care for an individual incapable of consenting; or
(2) appoint a representative to act for the individual.
(b) Reasonable notice of the time and place of hearing a petition under this section must be given to the following:
(1) The individual incapable of consenting.
(2) Anyone having the care and custody of the individual.
(3) Those persons in the classes described in section 5 of this chapter who are reasonably available and who are designated by the court.
(c) The probate court may modify or dispense with notice and hearing if the probate court finds that delay will have a serious, adverse effect upon the health of the individual.
(d) The probate court may order health care, appoint a representative to make a health care decision for the individual incapable of consenting to health care with the limitations on the authority of the representative as the probate court considers appropriate, or order any other appropriate relief in the best interest of the individual if the probate court finds the following:
(1) A health care decision is required for the individual.
(2) The individual is incapable of consenting to health care.
(3) There is no person authorized to consent or a person authorized to consent to health care:
(A) is not reasonably available;
(B) declines to act; or
(C) is not acting in the best interest of the individual in need of health care.
[Pre-1993 Recodification Citation: 16-8-12-7.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.9.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-9. Disqualification of Person to Consent for Patient or Health Care Recipient

Sec. 9. (a) An individual who may consent to the individual's own health care under section 3 of this chapter may disqualify others from consenting to health care for the individual.
(b) A disqualification must meet the following conditions:
(1) Be in writing.
(2) Be signed by the individual.
(3) Designate those disqualified.
(c) A health care provider who knows of a written disqualification may not accept consent to health care from a disqualified individual.
(d) An individual who knows that the individual has been disqualified to consent to health care for another may not act for the other under this chapter.
[Pre-1993 Recodification Citation: 16-8-12-8.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-9.5. Persons Who May Not Provide Consent

Sec. 9.5. The following individuals may not provide health care consent under section 5(a) of this chapter:
(1) A spouse who:
(A) is legally separated; or
(B) has a petition for dissolution, legal separation, or annulment of marriage that is pending in a court;
from the individual who is incapable of providing consent.
(2) An individual who is subject to a protective order or other court order that directs that individual to avoid contact with the individual who is incapable of providing consent.
(3) An individual who is subject to a pending criminal charge in which the individual who is incapable of providing consent was the alleged victim.
As added by P.L.67-2018, SEC.5.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-10. Immunity of Health Care Providers or Consenting Persons; Good Faith Requirement

Sec. 10. (a) A health care provider acting or declining to act in reliance on the consent or refusal of consent of a representative who the provider believes in good faith is authorized to consent to health care is not subject to:
(1) criminal prosecution;
(2) civil liability; or
(3) professional disciplinary action;
on the ground that the representative who consented or refused to consent lacked authority or capacity.
(b) A health care provider who believes in good faith that a representative is incapable of consenting is not subject to:
(1) criminal prosecution;
(2) civil liability; or
(3) professional disciplinary action;
for failing to follow the representative's direction.
(c) A person who in good faith believes the representative is authorized to consent or refuse to consent to health care for another under this chapter or another statute is not subject to:
(1) criminal prosecution; or
(2) civil liability if the person exercises due care;
on the ground that the representative lacked authority to consent.
[Pre-1993 Recodification Citation: 16-8-12-9.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.10.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-11. Disclosure of Medical Information to Representative Authorized to Consent

Sec. 11. (a) A representative under this chapter has the same right that the authorizing individual has to receive information relevant to the contemplated health care and to consent to the disclosure of medical records to a health care provider.
(b) Disclosure of information regarding contemplated health care to a representative is not a waiver of an evidentiary privilege or of the right to assert confidentiality.
[Pre-1993 Recodification Citation: 16-8-12-10.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.11.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-12. Effect of Chapter on Other Law; Personal Liability of Representatives for Costs of Care

Sec. 12. (a) This chapter does not affect Indiana law concerning an individual's authorization to do the following:
(1) Make a health care decision for the individual or another individual.
(2) Provide, withdraw, or withhold medical care necessary to prolong or sustain life.
(b) This chapter does not affect the requirements in any other Indiana law concerning consent to observation, diagnosis, treatment, or hospitalization for a mental illness.
(c) This chapter does not authorize a representative to consent to any health care that is prohibited under Indiana law.
(d) This chapter does not affect any requirement of notice to others of proposed health care under any other Indiana law.
(e) This chapter does not affect Indiana law concerning the following:
(1) The standard of care of a health care provider required in the provision of health care.
(2) When consent is required for health care.
(3) Elements of informed consent for health care.
(4) Other methods of consent authorized by Indiana law.
(5) Health care being provided in an emergency without consent.
(f) This chapter does not prevent an individual capable of consenting to the individual's own health care or to the health care of another under this chapter, including those authorized under sections 5 through 7 of this chapter, from consenting to health care administered in good faith under religious tenets of the individual requiring health care.
(g) A representative consenting to health care for an individual under this chapter does not become personally liable for the cost of the health care by virtue of that consent.
[Pre-1993 Recodification Citation: 16-8-12-11.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-14. Incorporation of Ic 30-5 by Reference; Appointment of Health Care Representative

Sec. 14. (a) The health care consent provisions under IC 30-5 are incorporated by reference into this chapter to the extent the provisions under IC 30-5 do not conflict with explicit requirements under this chapter.
(b) With respect to the written appointment of a health care representative under section 7 of this chapter, whenever the appointment authorizes health care to be withdrawn or withheld from an individual with a terminal condition (as defined in IC 16-36-4-5), the language in IC 30-5-5-17 must be included in the appointment in substantially the same form.
[Pre-1993 Recodification Citation: 16-8-12-13.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-15. Separate Consent for Telehealth Not Required

Sec. 15. A health care provider (as defined in IC 16-18-2-163(a)) may not be required to obtain a separate additional written health care consent for the provision of telehealth services.
As added by P.L.185-2015, SEC.17. Amended by P.L.85-2021, SEC.6.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1. Health Care Consent › 16-36-1-17. Locating Persons Authorized to Consent

Sec. 17. If an individual is incapable of consenting to the individual's own health care, the health care provider shall make a reasonable inquiry as to the availability of individuals who are able to provide health care consent under section 5 of this chapter. Reasonable inquiry includes examining the medical records and personal effects of the individual who is incapable of providing health care consent. The health care provider shall attempt to contact individuals who are high in the priority level and able to provide health care consent under section 5 of this chapter by telephone or other means after a determination is made that the individual is incapable of providing health care consent.
As added by P.L.67-2018, SEC.6.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-1. Applicability of Chapter

Sec. 1. This chapter does not apply when an individual is detained or committed under IC 12-26-5, IC 12-26-6, or IC 12-26-7.
As added by P.L.145-1996, SEC.3. Amended by P.L.205-2023, SEC.21.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-2. "Mental Health Provider" Defined

Sec. 2. As used in this chapter, "mental health provider" means any of the following:
(1) A registered nurse or licensed practical nurse licensed under IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of education.
(6) An individual who claims to be a mental health provider.
As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.1; P.L.147-1997, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-4. Mental Health Provider; Consent From Patient Required

Sec. 4. Before providing mental health services, a mental health provider must obtain consent from each patient.
As added by P.L.145-1996, SEC.3. Amended by P.L.111-1997, SEC.7; P.L.149-1997, SEC.2; P.L.253-1997(ss), SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-4.5. Physician; Written Consent From Patient Required

Sec. 4.5. Before providing mental health services, a physician who is licensed under IC 25-22.5 must obtain consent from each patient as provided in IC 34-18-12.
As added by P.L.149-1997, SEC.3. Amended by P.L.1-1998, SEC.119.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-5. Consent by Mentally Incompetent Patient

Sec. 5. (a) This section applies to a patient who:
(1) receives mental health services; and
(2) is mentally incompetent.
(b) A patient described in subsection (a) shall provide consent for mental health treatment through the informed consent of one (1) of the following:
(1) The patient's legal guardian or other court appointed representative.
(2) The patient's health care representative under IC 16-36-1.
(3) An attorney in fact for health care appointed under IC 30-5-5-16.
(4) The patient's health care representative acting in accordance with the patient's psychiatric advance directive as expressed in a psychiatric advance directive executed under IC 16-36-1.7.
(5) The patient's health care representative conferred under IC 16-36-7.
As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.4; P.L.16-2004, SEC.2; P.L.50-2021, SEC.38.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-6. Compliance With Chapter

Sec. 6. In order to comply with this chapter, a mental health provider needs to obtain only one (1) consent for mental health services for a patient while admitted in or treated as an outpatient at the main facility or a clinic of any of the following:
(1) A psychiatric hospital (as defined in IC 12-7-2-151).
(2) A hospital (as defined in IC 16-18-2-179(b)).
(3) A community mental health center (as defined in IC 12-7-2-38).
As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.5.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-7. Rebuttable Presumption of Informed Consent

Sec. 7. If a patient's written consent is:
(1) signed by the patient or the patient's authorized representative;
(2) witnessed by an individual who is at least eighteen (18) years of age; and
(3) explained, orally or in the written consent, to the patient or the patient's authorized representative before a treatment, procedure, examination, or test;
a rebuttable presumption is created that the consent is an informed consent.
As added by P.L.145-1996, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.5. Consent for Mental Health Services › 16-36-1.5-10. Information to Be Provided by Mental Health Provider

Sec. 10. A mental health provider shall inform each patient of the mental health provider about:
(1) the mental health provider's training and credentials;
(2) the reasonably foreseeable risks and relative benefits of proposed treatments and alternative treatments; and
(3) the patient's right to withdraw consent for treatment at any time.
As added by P.L.149-1997, SEC.6.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.7. Psychiatric Advance Directives › 16-36-1.7-0.5. Inapplicability to Certain Mentally Ill Individuals

Sec. 0.5. This chapter does not apply when an individual is detained or committed under IC 12-26-5, IC 12-26-6, or IC 12-26-7.
As added by P.L.16-2004, SEC.3. Amended by P.L.205-2023, SEC.22.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.7. Psychiatric Advance Directives › 16-36-1.7-1. "Psychiatric Advance Directive" Defined

Sec. 1. As used in this chapter, "psychiatric advance directive" means a written instrument that expresses the individual's preference and consent to the administration of treatment measures for a specific diagnosis for the care and treatment of the individual's mental illness during subsequent periods of incapacity.
As added by P.L.16-2004, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.7. Psychiatric Advance Directives › 16-36-1.7-2. Requirement to Execute a Directive; Information Required; Compliance

Sec. 2. (a) An individual who has capacity may execute a psychiatric advance directive.
(b) The psychiatric advance directive must include the following:
(1) The name of the individual entering into the psychiatric advance directive.
(2) The name of the treatment program and the sponsoring facility or institution in which the individual is enrolled, if applicable.
(3) The name, address, and telephone number of:
(A) the individual's treating physician; or
(B) other treating mental health personnel.
(4) The signature of the individual entering into the psychiatric advance directive.
(5) The date on which the individual signed the psychiatric advance directive.
(6) The name, address, and telephone number of the designated health care representative.
(7) The signature of the psychiatrist treating the individual entering into the psychiatric advance directive, attesting to:
(A) the appropriateness of the individual's preferences stated in the psychiatric advance directive; and
(B) the capacity of the individual entering into the psychiatric advance directive.
(c) The psychiatric advance directive must comply with and is subject to the requirements and provisions of IC 16-36-1.
As added by P.L.16-2004, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.7. Psychiatric Advance Directives › 16-36-1.7-3. Specifications by Individuals

Sec. 3. An individual may specify in the psychiatric advance directive treatment measures, including:
(1) admission to an inpatient setting;
(2) the administration of prescribed medication:
(A) orally; or
(B) by injection;
(3) physical restraint;
(4) seclusion;
(5) electroconvulsive therapy; or
(6) mental health counseling;
for the care and treatment of the individual's mental illness during a period when the individual is incapacitated.
As added by P.L.16-2004, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.7. Psychiatric Advance Directives › 16-36-1.7-4. Liability

Sec. 4. A person who:
(1) treats an individual who has executed a psychiatric advance directive; and
(2) is not aware that the individual being treated has executed a valid psychiatric advance directive;
is not subject to civil or criminal liability based on an allegation that the person did not comply with the psychiatric advance directive.
As added by P.L.16-2004, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 1.7. Psychiatric Advance Directives › 16-36-1.7-5. Treatment by Attending Physician

Sec. 5. This chapter does not preclude an attending physician from treating the patient in a manner that is of the best interest of the patient or another individual.
As added by P.L.16-2004, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 2. Consent to Autopsy › 16-36-2-1. Autopsy Defined

Sec. 1. For purposes of this chapter, "autopsy" means the dissection of a dead body for the purpose of ascertaining the cause, seat, and nature of a disease or for the purpose of inquiring into the cause of death.
[Pre-1993 Recodification Citation: 16-8-1-1.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 2. Consent to Autopsy › 16-36-2-2. Form of Consent

Sec. 2. For the purpose of this chapter, the consent to an autopsy must contain the purpose of and extent of the dissection so authorized and may be obtained only by the use of at least one (1) of the following:
(1) A written instrument.
(2) A telegram.
(3) A witnessed telephone conversation.
[Pre-1993 Recodification Citation: 16-8-1-2.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 2. Consent to Autopsy › 16-36-2-3. Persons Authorized to Give Consent

Sec. 3. (a) For the purpose of this chapter, consent for a licensed physician to conduct an autopsy of the body of a deceased person is sufficient when given by the following persons if the persons survive the deceased:
(1) By the surviving spouse. However, if the deceased and the surviving spouse were legally separated at the date of death, the survivor is not considered a surviving spouse.
(2) If there is no surviving spouse, then by any one (1) adult child of the deceased.
(3) If there is no surviving spouse or adult child of the deceased, then by one (1) parent of the deceased.
(4) If there is no surviving spouse, adult child, or parent and there is an adult who is next of kin of the deceased residing in the county in which the deceased died a resident, then by any one (1) next of kin.
(5) If there is no surviving spouse, adult child, parent, or next of kin, then by any person assuming custody of and financial responsibility for the burial of the body.
(b) If there is more than one (1) person authorized to consent, consent of one (1) of the persons is sufficient.
[Pre-1993 Recodification Citation: 16-8-1-4 part.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 2. Consent to Autopsy › 16-36-2-4. Conclusiveness of Consent

Sec. 4. Consent to an autopsy in accordance with this chapter is conclusive as to any rights in the body of a deceased person as against any claim by any other person, but only for the purpose of performing the autopsy.
[Pre-1993 Recodification Citation: 16-8-1-5.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 2. Consent to Autopsy › 16-36-2-5. Effect of Chapter on Other Laws

Sec. 5. This chapter supplements the laws concerning autopsies and does not do any of the following:
(1) Repeal, modify, or amend laws concerning autopsies.
(2) Require consent for a coroner to perform an autopsy in the discharge of the coroner's duties.
[Pre-1993 Recodification Citation: 16-8-1-6.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-1. Appropriate Facility Defined

Sec. 1. As used in this chapter, "appropriate facility" has the meaning set forth in IC 12-7-2-82(3).
[Pre-1993 Recodification Citation: 16-8-3-1(a).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-2. Superintendent Defined

Sec. 2. As used in this chapter, "superintendent" has the meaning set forth in IC 12-7-2-188(3).
[Pre-1993 Recodification Citation: 16-8-3-1(b).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-3. Methods of Consent

Sec. 3. The methods of consent set forth in this chapter do not exclude other lawful methods of consent or require consent in an emergency.
[Pre-1993 Recodification Citation: 16-8-3-2.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-4. Consent by Superintendent of Facility

Sec. 4. Consent to medical or surgical treatment of a patient at an appropriate facility may be given by the superintendent under the procedures in this chapter.
[Pre-1993 Recodification Citation: 16-8-3-3(a).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-5. Second Medical Opinion

Sec. 5. If the superintendent and the patient's treating physician determine that:
(1) the patient is incompetent to give informed consent to medical or surgical treatment, even though the patient has never been so adjudicated by a court; and
(2) the treatment is medically necessary;
the superintendent shall obtain a second opinion on the issues listed in subdivisions (1) and (2) from a licensed physician independent of the appropriate facility.
[Pre-1993 Recodification Citation: 16-8-3-3(b).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-6. Second Opinion Specialist List

Sec. 6. In obtaining a second opinion as required by section 5 of this chapter, the superintendent shall compile a list of licensed physicians, organized by specialty. The superintendent must use an appropriate specialist from the list whenever possible. The physician chosen to give a second opinion must not be the same physician later chosen to perform the surgery that was the subject of the second opinion, unless an emergency exists.
[Pre-1993 Recodification Citation: 16-8-3-3(c).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-7. Notice to Relatives or Friends of Patient

Sec. 7. The superintendent shall attempt to notify by certified mail any known relatives or friends of the patient of the patient's condition, the treatment determined to be necessary by the superintendent and the treating physician, and the result of the independent second opinion. To the extent possible given the urgency of the circumstances, the superintendent shall allow a reasonable time within which to receive responses of persons notified and shall consider the responses received before taking final action.
[Pre-1993 Recodification Citation: 16-8-3-3(d).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-8. Concurring Second Opinion; Procedure

Sec. 8. If the superintendent has followed the procedures in sections 4, 5, 6, and 7 of this chapter and the second opinion obtained under section 5 of this chapter concurs with the original determination of the superintendent and the patient's treating physician, the superintendent may give consent to the medical or surgical treatment of the patient.
[Pre-1993 Recodification Citation: 16-8-3-3(e).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-9. Superintendent Immune From Liability

Sec. 9. A superintendent who, without malice, bad faith, or negligence, discloses confidential information in connection with the superintendent's compliance with section 7 of this chapter or consents to medical or surgical treatment of a patient after following the procedures required by this chapter is immune from any civil or criminal liability that might otherwise be imposed as a result of disclosing confidential information or giving or withholding the consent.
[Pre-1993 Recodification Citation: 16-8-3-3(f).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 3. Consent to Medical Treatment of Incompetent › 16-36-3-10. Report of Medical Treatments Approved

Sec. 10. The superintendent shall compile a report of all medically necessary treatments approved under this chapter during each calendar quarter and send the report to the director of the division of mental health and addiction or the director of the division of disability and rehabilitative services not more than one (1) month after the end of that quarter. The report must contain the following information:
(1) The name of the patient.
(2) The type of action taken.
(3) The date of the action.
(4) The reason for the action.
(5) The names of the treating physician, the physician independent of the appropriate facility, and any other physician who entered an opinion that was contrary to the treating physician's opinion.
[Pre-1993 Recodification Citation: 16-8-3-3(g).]
As added by P.L.2-1993, SEC.19. Amended by P.L.40-1994, SEC.65; P.L.215-2001, SEC.83; P.L.141-2006, SEC.89.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 1, 10, and 13 of this chapter by P.L.99-1994 do not apply to a living will declaration executed before July 1, 1994.
As added by P.L.220-2011, SEC.315.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-1. Repealed

[Pre-1993 Recodification Citation: 16-8-11-4.]
As added by P.L.2-1993, SEC.19. Amended by P.L.99-1994, SEC.1. Repealed by P.L.50-2021, SEC.39.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-2. Life Prolonging Procedures Will Declarant Defined

Sec. 2. As used in this chapter, "life prolonging procedures will declarant" means a person who has executed a life prolonging procedures will declaration under section 11 of this chapter.
[Pre-1993 Recodification Citation: 16-8-11-5.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-3. Living Will Declarant Defined

Sec. 3. As used in this chapter, "living will declarant" means a person who has executed a living will declaration under section 10 of this chapter.
[Pre-1993 Recodification Citation: 16-8-11-6.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-4. Qualified Patient Defined

Sec. 4. As used in this chapter, "qualified patient" means a patient who has been certified as a qualified patient under section 13 of this chapter.
[Pre-1993 Recodification Citation: 16-8-11-8.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-5. Terminal Condition Defined

Sec. 5. As used in this chapter, "terminal condition" means a condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty:
(1) there can be no recovery; and
(2) death will occur from the terminal condition within a short period of time without the provision of life prolonging procedures.
[Pre-1993 Recodification Citation: 16-8-11-9.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-6. Policy

Sec. 6. A competent adult has the right to control the decisions relating to the competent adult's medical care, including the decision to have medical or surgical means or procedures calculated to prolong the competent adult's life provided, withheld, or withdrawn.
[Pre-1993 Recodification Citation: 16-8-11-1.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-7. Consent to Medical Treatment; Immunity From Liability for Failure to Treat Patient After Refusal of Treatment

Sec. 7. (a) A competent person may consent to or refuse consent for medical treatment, including life prolonging procedures.
(b) No health care provider is required to provide medical treatment to a patient who has refused medical treatment under this section.
(c) No civil or criminal liability is imposed on a health care provider for the failure to provide medical treatment to a patient who has refused the treatment in accordance with this section.
[Pre-1993 Recodification Citation: 16-8-11-10.]
As added by P.L.2-1993, SEC.19.