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.
Structure Indiana Code
Chapter 1. Health Care Consent
16-36-1-3. Consent for Own Health Care; Minor's Blood Donation
16-36-1-4. Incapacity to Consent; Invalid Consent
16-36-1-5. Persons Authorized to Consent for Incapable Parties; Minors
16-36-1-6. Delegated Authority to Consent on Behalf of Incapable Party
16-36-1-8. Probate Court Petition; Hearing; Notice; Findings
16-36-1-9. Disqualification of Person to Consent for Patient or Health Care Recipient
16-36-1-9.5. Persons Who May Not Provide Consent
16-36-1-10. Immunity of Health Care Providers or Consenting Persons; Good Faith Requirement
16-36-1-11. Disclosure of Medical Information to Representative Authorized to Consent
16-36-1-12. Effect of Chapter on Other Law; Personal Liability of Representatives for Costs of Care
16-36-1-14. Incorporation of Ic 30-5 by Reference; Appointment of Health Care Representative