Indiana Code
Title 16. Health
Article 36. Medical 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...

16-36-1-4. Incapacity to Consent; Invalid Consent - Sec. 4. (a) An individual described in section 3 of...

16-36-1-5. Persons Authorized to Consent for Incapable Parties; Minors - Sec. 5. (a) If an adult incapable of consenting under...

16-36-1-6. Delegated Authority to Consent on Behalf of Incapable Party - Sec. 6. (a) A representative authorized to consent to health...

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...

16-36-1-8. Probate Court Petition; Hearing; Notice; Findings - Sec. 8. (a) A health care provider or any interested...

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...

16-36-1-9.5. Persons Who May Not Provide Consent - Sec. 9.5. The following individuals may not provide health care...

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...

16-36-1-11. Disclosure of Medical Information to Representative Authorized to Consent - Sec. 11. (a) A representative under this chapter has the...

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...

16-36-1-13. Euthanasia - Sec. 13. This chapter does not authorize euthanasia. [Pre-1993 Recodification...

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...

16-36-1-15. Separate Consent for Telehealth Not Required - Sec. 15. A health care provider (as defined in IC...

16-36-1-17. Locating Persons Authorized to Consent - Sec. 17. If an individual is incapable of consenting to...

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...

16-36-1.5-2. "Mental Health Provider" Defined - Sec. 2. As used in this chapter, "mental health provider"...

16-36-1.5-3. "Patient" Defined - Sec. 3. As used in this chapter, "patient" means a...

16-36-1.5-4. Mental Health Provider; Consent From Patient Required - Sec. 4. Before providing mental health services, a mental health...

16-36-1.5-4.5. Physician; Written Consent From Patient Required - Sec. 4.5. Before providing mental health services, a physician who...

16-36-1.5-5. Consent by Mentally Incompetent Patient - Sec. 5. (a) This section applies to a patient who:...

16-36-1.5-6. Compliance With Chapter - Sec. 6. In order to comply with this chapter, a...

16-36-1.5-7. Rebuttable Presumption of Informed Consent - Sec. 7. If a patient's written consent is: (1) signed...

16-36-1.5-8. Repealed - As added by P.L.145-1996, SEC.3. Repealed by P.L.149-1997, SEC.8.

16-36-1.5-9. Repealed - As added by P.L.145-1996, SEC.3. Repealed by P.L.149-1997, SEC.8.

16-36-1.5-10. Information to Be Provided by Mental Health Provider - Sec. 10. A mental health provider shall inform each patient...

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...

16-36-1.7-1. "Psychiatric Advance Directive" Defined - Sec. 1. As used in this chapter, "psychiatric advance directive"...

16-36-1.7-2. Requirement to Execute a Directive; Information Required; Compliance - Sec. 2. (a) An individual who has capacity may execute...

16-36-1.7-3. Specifications by Individuals - Sec. 3. An individual may specify in the psychiatric advance...

16-36-1.7-4. Liability - Sec. 4. A person who: (1) treats an individual who...

16-36-1.7-5. Treatment by Attending Physician - Sec. 5. This chapter does not preclude an attending physician...

Chapter 2. Consent to Autopsy

16-36-2-1. Autopsy Defined - Sec. 1. For purposes of this chapter, "autopsy" means the...

16-36-2-2. Form of Consent - Sec. 2. For the purpose of this chapter, the consent...

16-36-2-3. Persons Authorized to Give Consent - Sec. 3. (a) For the purpose of this chapter, consent...

16-36-2-4. Conclusiveness of Consent - Sec. 4. Consent to an autopsy in accordance with this...

16-36-2-5. Effect of Chapter on Other Laws - Sec. 5. This chapter supplements the laws concerning autopsies and...

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...

16-36-3-2. Superintendent Defined - Sec. 2. As used in this chapter, "superintendent" has the...

16-36-3-3. Methods of Consent - Sec. 3. The methods of consent set forth in this...

16-36-3-4. Consent by Superintendent of Facility - Sec. 4. Consent to medical or surgical treatment of a...

16-36-3-5. Second Medical Opinion - Sec. 5. If the superintendent and the patient's treating physician...

16-36-3-6. Second Opinion Specialist List - Sec. 6. In obtaining a second opinion as required by...

16-36-3-7. Notice to Relatives or Friends of Patient - Sec. 7. The superintendent shall attempt to notify by certified...

16-36-3-8. Concurring Second Opinion; Procedure - Sec. 8. If the superintendent has followed the procedures in...

16-36-3-9. Superintendent Immune From Liability - Sec. 9. A superintendent who, without malice, bad faith, or...

16-36-3-10. Report of Medical Treatments Approved - Sec. 10. The superintendent shall compile a report of all...

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...

16-36-4-1. Repealed - [Pre-1993 Recodification Citation: 16-8-11-4.] As added by P.L.2-1993, SEC.19. Amended...

16-36-4-2. Life Prolonging Procedures Will Declarant Defined - Sec. 2. As used in this chapter, "life prolonging procedures...

16-36-4-3. Living Will Declarant Defined - Sec. 3. As used in this chapter, "living will declarant"...

16-36-4-4. Qualified Patient Defined - Sec. 4. As used in this chapter, "qualified patient" means...

16-36-4-5. Terminal Condition Defined - Sec. 5. As used in this chapter, "terminal condition" means...

16-36-4-6. Policy - Sec. 6. A competent adult has the right to control...

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...

16-36-4-8. Life Prolonging Procedures Will Declarations; Living Will Declarations - Sec. 8. (a) A person who is of sound mind...

16-36-4-9. Forms of Declaration; Requisites - Sec. 9. A declaration must be substantially in the form...

16-36-4-10. Form of Living Will Declaration - Sec. 10. The following is the living will declaration form:...

16-36-4-11. Form of Life Prolonging Procedures Will Declaration - Sec. 11. The following is the life prolonging procedures will...

16-36-4-12. Revocation of Living Will Declaration or Life Prolonging Procedures Will Declaration - Sec. 12. (a) A living will declaration or a life...

16-36-4-13. Certification of Qualified Patient; Procedure Where Physician Refuses to Honor Declaration - Sec. 13. (a) The attending physician shall immediately certify in...

16-36-4-14. Presumptions - Sec. 14. If the qualified patient who executed a living...

16-36-4-15. Cancellation or Destruction of Declaration; Falsification or Forgery of Revocation of Another's Declaration; Offense - Sec. 15. A person who knowingly or intentionally: (1) physically...

16-36-4-16. Falsification or Forgery of Declaration; Concealment or Withholding of Revocation of Declaration; Offense - Sec. 16. A person who knowingly or intentionally: (1) falsifies...

16-36-4-17. Effect of Living Will or Life Prolonging Procedures Will Declaration; Suicide; Life Insurance - Sec. 17. (a) A death caused by the withholding or...

16-36-4-18. Presumption of Intent to Consent to Withholding or Withdrawal of Life Prolonging Procedures - Sec. 18. This chapter creates no presumption concerning the intention...

16-36-4-19. Euthanasia Distinguished - Sec. 19. This chapter does not authorize euthanasia or any...

16-36-4-20. Intervening Forces; Proximate Causation - Sec. 20. The act of withholding or withdrawing life prolonging...

16-36-4-21. Chapter Violations by Physician; Discipline - Sec. 21. A physician who knowingly violates this chapter is...

Chapter 5. Out of Hospital Do Not Resuscitate Declarations

16-36-5-1. Repealed - As added by P.L.148-1999, SEC.12. Repealed by P.L.67-2018, SEC.7.

16-36-5-1.1. "Attending" - Sec. 1.1. As used in this chapter, "attending" means the...

16-36-5-2. "Competent Witness" - Sec. 2. As used in this chapter, "competent witness" means...

16-36-5-3. "Declarant" - Sec. 3. As used in this chapter, "declarant" means a...

16-36-5-4. "Dnr" - Sec. 4. As used in this chapter, "DNR" means do...

16-36-5-4.3. "In the Presence Of" - Sec. 4.3. As used in this chapter, and with respect...

16-36-5-4.5. "Observe" - Sec. 4.5. As used in this chapter, and with respect...

16-36-5-5. "Out of Hospital" - Sec. 5. As used in this chapter, "out of hospital"...

16-36-5-6. "Out of Hospital Dnr Declaration and Order" - Sec. 6. As used in this chapter, "out of hospital...

16-36-5-7. "Out of Hospital Dnr Identification Device" - Sec. 7. As used in this chapter, "out of hospital...

16-36-5-7.7. "Presence" - Sec. 7.7. As used in this chapter, and with respect...

16-36-5-7.9. "Present" - Sec. 7.9. As used in this chapter, and with respect...

16-36-5-8. "Qualified Person" - Sec. 8. As used in this chapter, "qualified person" means...

16-36-5-9. "Representative" - Sec. 9. As used in this chapter, "representative" means a...

16-36-5-9.5. "Telephonic Interaction" - Sec. 9.5 As used in this chapter, "telephonic interaction" means...

16-36-5-10. Certification as Qualified Person - Sec. 10. An attending physician, advanced practice registered nurse, or...

16-36-5-11. Execution of Declaration - Sec. 11. (a) A person who is of sound mind...

16-36-5-12. Issuance of Dnr Order - Sec. 12. An out of hospital DNR order: (1) may...

16-36-5-13. Transfer of Patient to Another Physician - Sec. 13. (a) An attending physician, advanced practice registered nurse,...

16-36-5-14. Effect of Declaration During Pregnancy - Sec. 14. An out of hospital DNR declaration and order...

16-36-5-15. Form - Sec. 15. An out of hospital DNR declaration and order...

16-36-5-16. Copies of Declaration and Order - Sec. 16. Copies of the out of hospital DNR declaration...

16-36-5-17. Identification Devices - Sec. 17. (a) The emergency medical services commission shall develop...

16-36-5-18. Revocation - Sec. 18. (a) A declarant may at any time revoke...

16-36-5-19. Health Care Provider Duties - Sec. 19. (a) A health care provider shall withhold or...

16-36-5-20. Health Care Provider Liability - Sec. 20. A health care provider who in good faith...

16-36-5-21. Presumption of Validity - Sec. 21. (a) If a declarant is incompetent at the...

16-36-5-22. Petition for Review - Sec. 22. (a) A person may challenge the validity of...

16-36-5-23. Effect Upon Life Insurance Policies - Sec. 23. (a) A death caused by the withholding or...

16-36-5-24. Intent of Person Without Declaration Not Presumed - Sec. 24. This chapter does not create any presumption concerning...

16-36-5-25. Euthanasia Not Authorized - Sec. 25. This chapter does not authorize euthanasia or any...

16-36-5-26. Effect Upon Chain of Proximate Cause - Sec. 26. The act of withholding or withdrawing CPR, when...

16-36-5-27. Destruction of Declaration; Forgery of Revocation - Sec. 27. A person who knowingly or intentionally: (1) physically...

16-36-5-28. Deception With Intent to Cause Withholding of Cpr - Sec. 28. (a) A person who knowingly or intentionally: (1)...

Chapter 6. Physician Order for Scope of Treatment (Post)

16-36-6-1. "Consent" - Sec. 1. As used in this chapter, "consent" means authorization...

16-36-6-2. "Declarant" - Sec. 2. As used in this chapter, "declarant" means a...

16-36-6-3. Repealed - As added by P.L.164-2013, SEC.8. Repealed by P.L.50-2021, SEC.59.

16-36-6-4. "Post Form" - Sec. 4. As used in this chapter, "POST form" refers...

16-36-6-5. "Qualified Person" - Sec. 5. As used in this chapter, "qualified person" refers...

16-36-6-6. "Representative" - Sec. 6. As used in this chapter, "representative" means an...

16-36-6-6.5. Application of Chapter - Sec. 6.5. This chapter does not create a duty for...

16-36-6-7. Individuals Who May Complete a Post Form; Requirements; Representative Acting in Good Faith - Sec. 7. (a) The following individuals may complete a POST...

16-36-6-8. Execution of Post Form; Requirements for Post Form to Be Effective; Signature - Sec. 8. (a) A POST form may be executed only...

16-36-6-9. State Department Development of Post Form; Requirements; Internet; Not Liable - Sec. 9. (a) The state department shall develop a standardized...

16-36-6-10. Original Kept by Declarant; Copy in Medical File - Sec. 10. (a) The declarant or representative shall keep the...

16-36-6-11. Revocation of Post Form; Effectiveness; Notification - Sec. 11. (a) A declarant or representative subject to subsection...

16-36-6-12. Alternative Treatment Request Allowed - Sec. 12. (a) A declarant, or, subject to subsection (b),...

16-36-6-13. Petition for Relief; Court Authority - Sec. 13. (a) A health care provider, a health care...

16-36-6-14. Post Form Not Effective During Pregnancy - Sec. 14. A declarant's executed POST form has no effect...

16-36-6-15. Medical Orders in Post Form Effective in All Settings; Noncompliance; Contrary Care Not Required; Discussion of Order Requirement; Transfer of Care - Sec. 15. (a) Except as otherwise provided in this chapter,...

16-36-6-16. Good Faith and Medical Standards; Immunity From Civil and Criminal Liability; Presumption of Compliance - Sec. 16. (a) A: (1) health care provider; (2) health...

16-36-6-17. No Modification or Alteration of Practice of Medicine or Nursing; Prohibition on Medically Inappropriate Treatment - Sec. 17. (a) This chapter may not be construed to...

16-36-6-18. Death Not Considered Suicide; Prohibition on Compelling Completion of Post Form; Legal Rights Not Superseded; Post Form Voluntary - Sec. 18. (a) A death as a result of the...

16-36-6-19. No Authorization of Euthanasia - Sec. 19. This chapter does not authorize euthanasia or any...

16-36-6-20. Execution or Revocation of Post Form Does Not Affect Other Legal Documents or Authority - Sec. 20. The execution or revocation of a POST form...

16-36-6-21. Other State's Post Form; Web Site List - Sec. 21. (a) A physician order for scope of treatment...

Chapter 7. Health Care Advance Directives

16-36-7-1. General Provisions - Sec. 1. (a) A death as a result of the...

16-36-7-2. "Advance Directive" - Sec. 2. As used in this chapter, "advance directive" means...

16-36-7-3. "Best Interests" - Sec. 3. As used in this chapter, "best interests" means...

16-36-7-4. "Declarant" - Sec. 4. As used in this chapter, "declarant" means a...

16-36-7-5. "Declaration" - Sec. 5. As used in this chapter, "declaration" means a...

16-36-7-6. "Electronic" - Sec. 6. As used in this chapter, "electronic" has the...

16-36-7-7. "Electronic Record" - Sec. 7. As used in this chapter, "electronic record" has...

16-36-7-8. "Electronic Signature" - Sec. 8. As used in this chapter, "electronic signature" has...

16-36-7-9. "Health Care" - Sec. 9. As used in this chapter, "health care" means...

16-36-7-10. "Health Care Decision" - Sec. 10. As used in this chapter, "health care decision"...

16-36-7-11. "Health Care Facility" - Sec. 11. As used in this chapter, "health care facility"...

16-36-7-12. "Health Care Provider" - Sec. 12. As used in this chapter, "health care provider"...

16-36-7-13. "Health Care Representative" - Sec. 13. As used in this chapter, "health care representative"...

16-36-7-14. "Health Information" - Sec. 14. As used in this chapter, "health information" has...

16-36-7-15. "Incapacity"; "Incapacitated" - Sec. 15. As used in this chapter, "incapacity" and "incapacitated"...

16-36-7-16. "Informed Consent" - Sec. 16. As used in this chapter, "informed consent" means...

16-36-7-17. "Notarial Officer" - Sec. 17. As used in this chapter, "notarial officer" means...

16-36-7-18. "Observe" - Sec. 18. (a) As used in this chapter and with...

16-36-7-19. "Presence"; "Present"; "To Be Present" - Sec. 19. (a) As used in this chapter and with...

16-36-7-20. "Proxy" - Sec. 20. As used in this chapter, "proxy" means a...

16-36-7-21. "Reasonably Available" - Sec. 21. As used in this chapter, "reasonably available" means...

16-36-7-22. "Sign" - Sec. 22. As used in this chapter, "sign" includes the...

16-36-7-23. "Signature" - Sec. 23. As used in this chapter, "signature" means the...

16-36-7-24. "Telephonic Interaction" - Sec. 24. As used in this chapter, "telephonic interaction" means...

16-36-7-25. "Treating Physician" - Sec. 25. As used in this chapter, "treating physician" means...

16-36-7-26. "Written"; "Writing" - Sec. 26. As used in this chapter, "written" and "writing"...

16-36-7-27. Consent for Own Health Care; Minor's Blood Donation; Conflicts; Reliance by Health Care Provider - Sec. 27. (a) Except when an individual has been determined...

16-36-7-28. Advance Directive; Signature; Witnesses; Acknowledgement; Counterparts; Telephonic Interaction; Validity - Sec. 28. (a) An advance directive signed by or for...

16-36-7-29. Additional Provisions That May Be Included in Advance Directive - Sec. 29. An advance directive signed by a declarant under...

16-36-7-30. Resources and Sample Forms - Sec. 30. (a) The state department shall maintain a list...

16-36-7-31. Copies of Advance Directive - Sec. 31. (a) A complete copy of the signed and...

16-36-7-32. Revocation; Amendment or Restatement - Sec. 32. (a) The declarant who signs an advance directive...

16-36-7-33. Delegation by Health Care Representative - Sec. 33. (a) Except when the terms of the advance...

16-36-7-34. Presumptions Applicable to Advance Directives - Sec. 34. An advance directive must be interpreted to carry...

16-36-7-35. Incapacity of Declarant - Sec. 35. (a) For purposes of this section, the term...

16-36-7-36. Authority and Responsibility of Health Care Representative - Sec. 36. (a) Except when a health care representative's authority...

16-36-7-37. Advance Directive Made Part of Medical Records; Capacity; Compliance With Decisions by Health Care Representative - Sec. 37. (a) A health care provider furnished with a...

16-36-7-38. Anatomical Gift, Autopsy, or Remains Disposition - Sec. 38. If a health care representative designated in an...

16-36-7-39. Access to Health Information - Sec. 39. (a) A health care provider shall give a...

16-36-7-40. Immunity for Health Care Provider; Validity of Advance Directive - Sec. 40. (a) A health care provider or other person...

16-36-7-41. Affidavit; Requirements; Immunity - Sec. 41. (a) A health care representative designated in an...

16-36-7-42. Decisions Made by Proxy - Sec. 42. (a) For purposes of this section, the term...

16-36-7-43. Individuals Who May Not Serve as Proxy - Sec. 43. The following individuals may not serve as a...

16-36-7-44. Material Conflict Between Multiple Documents - Sec. 44. If a declarant has become and remains incapacitated...

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Indiana Code Title 16. Health Article 36. Medical Consent

Indiana Code
Title 16. Health
Article 36. Medical Consent