16-36-3-7. Notice to Relatives or Friends of Patient
Sec. 7. The superintendent shall attempt to notify by certified mail any known relatives or friends of the patient of the patient’s condition, the treatment determined to be necessary by the superintendent and the treating physician, and the result of the independent second opinion. To the extent possible given the urgency of the circumstances, the […]
16-36-3-8. Concurring Second Opinion; Procedure
Sec. 8. If the superintendent has followed the procedures in sections 4, 5, 6, and 7 of this chapter and the second opinion obtained under section 5 of this chapter concurs with the original determination of the superintendent and the patient’s treating physician, the superintendent may give consent to the medical or surgical treatment of […]
16-36-3-9. Superintendent Immune From Liability
Sec. 9. A superintendent who, without malice, bad faith, or negligence, discloses confidential information in connection with the superintendent’s compliance with section 7 of this chapter or consents to medical or surgical treatment of a patient after following the procedures required by this chapter is immune from any civil or criminal liability that might otherwise […]
16-36-3-10. Report of Medical Treatments Approved
Sec. 10. The superintendent shall compile a report of all medically necessary treatments approved under this chapter during each calendar quarter and send the report to the director of the division of mental health and addiction or the director of the division of disability and rehabilitative services not more than one (1) month after the […]
16-36-3-5. Second Medical Opinion
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 […]
16-36-3-6. Second Opinion Specialist List
Sec. 6. In obtaining a second opinion as required by section 5 of this chapter, the superintendent shall compile a list of licensed physicians, organized by specialty. The superintendent must use an appropriate specialist from the list whenever possible. The physician chosen to give a second opinion must not be the same physician later chosen […]
16-36-3-1. Appropriate Facility Defined
Sec. 1. As used in this chapter, “appropriate facility” has the meaning set forth in IC 12-7-2-82(3). [Pre-1993 Recodification Citation: 16-8-3-1(a).] As added by P.L.2-1993, SEC.19.
16-36-3-2. Superintendent Defined
Sec. 2. As used in this chapter, “superintendent” has the meaning set forth in IC 12-7-2-188(3). [Pre-1993 Recodification Citation: 16-8-3-1(b).] As added by P.L.2-1993, SEC.19.
16-36-3-3. Methods of Consent
Sec. 3. The methods of consent set forth in this chapter do not exclude other lawful methods of consent or require consent in an emergency. [Pre-1993 Recodification Citation: 16-8-3-2.] As added by P.L.2-1993, SEC.19.
16-36-3-4. Consent by Superintendent of Facility
Sec. 4. Consent to medical or surgical treatment of a patient at an appropriate facility may be given by the superintendent under the procedures in this chapter. [Pre-1993 Recodification Citation: 16-8-3-3(a).] As added by P.L.2-1993, SEC.19.