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.
Structure Indiana Code
Chapter 3. Consent to Medical Treatment of Incompetent
16-36-3-1. Appropriate Facility Defined
16-36-3-2. Superintendent Defined
16-36-3-4. Consent by Superintendent of Facility
16-36-3-5. Second Medical Opinion
16-36-3-6. Second Opinion Specialist List
16-36-3-7. Notice to Relatives or Friends of Patient
16-36-3-8. Concurring Second Opinion; Procedure