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 venereal disease 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.
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