Sec. 1. As used in this chapter, “health care” means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition. The term includes admission to a health care facility. [Pre-1993 Recodification Citation: 16-8-12-1(2).] As added by P.L.2-1993, SEC.19.
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 […]
Sec. 11. (a) A representative under this chapter has the same right that the authorizing individual has to receive information relevant to the contemplated health care and to consent to the disclosure of medical records to a health care provider. (b) Disclosure of information regarding contemplated health care to a representative is not a waiver […]
Sec. 12. (a) This chapter does not affect Indiana law concerning an individual’s authorization to do the following: (1) Make a health care decision for the individual or another individual. (2) Provide, withdraw, or withhold medical care necessary to prolong or sustain life. (b) This chapter does not affect the requirements in any other Indiana […]
Sec. 13. This chapter does not authorize euthanasia. [Pre-1993 Recodification Citation: 16-8-12-12.] As added by P.L.2-1993, SEC.19.
Sec. 14. (a) The health care consent provisions under IC 30-5 are incorporated by reference into this chapter to the extent the provisions under IC 30-5 do not conflict with explicit requirements under this chapter. (b) With respect to the written appointment of a health care representative under section 7 of this chapter, whenever the […]
Sec. 15. A health care provider (as defined in IC 16-18-2-163(a)) may not be required to obtain a separate additional written health care consent for the provision of telehealth services. As added by P.L.185-2015, SEC.17. Amended by P.L.85-2021, SEC.6.
Sec. 17. If an individual is incapable of consenting to the individual’s own health care, the health care provider shall make a reasonable inquiry as to the availability of individuals who are able to provide health care consent under section 5 of this chapter. Reasonable inquiry includes examining the medical records and personal effects of […]
Sec. 2. As used in this chapter, “representative” means: (1) an individual at least eighteen (18) years of age; (2) a corporation; (3) a trust; (4) a limited liability company; (5) a partnership; (6) a business trust; (7) an estate; (8) an association; (9) a joint venture; (10) a government or political subdivision; (11) an […]
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 […]
Sec. 3.5. (a) This section does not apply to consent to the provision of an abortion or completion of a POST form. (b) A minor who: (1) is at least sixteen (16) years of age; and (2) is: (A) pregnant; (B) in labor; or (C) postpartum for a sixty (60) day period after the birth; […]
Sec. 4. (a) An individual described in section 3 of this chapter may consent to health care unless, in the good faith opinion of the attending physician, the individual is incapable of making a decision regarding the proposed health care. (b) A consent to health care under section 5, 6, or 7 of this chapter […]
Sec. 5. (a) If an adult incapable of consenting under section 4 of this chapter has not appointed a health care representative under section 7 of this chapter or the health care representative appointed under section 7 of this chapter is not reasonably available or declines to act, except as provided in sections 9 and […]
Sec. 6. (a) A representative authorized to consent to health care for another under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), 5(a)(6), 5(b)(2), or 5(b)(3) of this chapter who for a time will not be reasonably available to exercise the authority may delegate the authority to consent during that time to another representative not disqualified under section […]
Sec. 7. (a) An individual who may consent to health care under section 3 of this chapter may appoint another representative to act for the appointor in matters affecting the appointor’s health care. (b) An appointment and any amendment must meet the following conditions: (1) Be in writing. (2) Be signed by the appointor or […]
Sec. 8. (a) A health care provider or any interested person (as defined in IC 30-5-2-6) may petition the probate court in the county where the individual who is the subject of the petition is present for purposes of receiving health care to: (1) make a health care decision or order health care for an […]
Sec. 9. (a) An individual who may consent to the individual’s own health care under section 3 of this chapter may disqualify others from consenting to health care for the individual. (b) A disqualification must meet the following conditions: (1) Be in writing. (2) Be signed by the individual. (3) Designate those disqualified. (c) A […]
Sec. 9.5. The following individuals may not provide health care consent under section 5(a) of this chapter: (1) A spouse who: (A) is legally separated; or (B) has a petition for dissolution, legal separation, or annulment of marriage that is pending in a court; from the individual who is incapable of providing consent. (2) An […]
