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.
Structure Indiana Code
Chapter 1.5. Consent for Mental Health Services
16-36-1.5-1. Applicability of Chapter
16-36-1.5-2. "Mental Health Provider" Defined
16-36-1.5-3. "Patient" Defined
16-36-1.5-4. Mental Health Provider; Consent From Patient Required
16-36-1.5-4.5. Physician; Written Consent From Patient Required
16-36-1.5-5. Consent by Mentally Incompetent Patient
16-36-1.5-6. Compliance With Chapter
16-36-1.5-7. Rebuttable Presumption of Informed Consent
16-36-1.5-10. Information to Be Provided by Mental Health Provider