CHAPTER 3. CONSENT TO MEDICAL TREATMENT OF INCOMPETENT

IC 16-36-3
    Chapter 3. Consent to Medical Treatment of Incompetent

IC 16-36-3-1
Appropriate facility defined
    Sec. 1. As used in this chapter, "appropriate facility" has themeaning set forth in IC 12-7-2-82(3).
As added by P.L.2-1993, SEC.19.

IC 16-36-3-2
Superintendent defined
    Sec. 2. As used in this chapter, "superintendent" has the meaningset forth in IC 12-7-2-188(3).
As added by P.L.2-1993, SEC.19.

IC 16-36-3-3
Methods of consent
    Sec. 3. The methods of consent set forth in this chapter do notexclude other lawful methods of consent or require consent in anemergency.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-4
Consent by superintendent of facility
    Sec. 4. Consent to medical or surgical treatment of a patient at anappropriate facility may be given by the superintendent under theprocedures in this chapter.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-5
Second medical opinion
    Sec. 5. If the superintendent and the patient's treating physiciandetermine that:
        (1) the patient is incompetent to give informed consent tomedical or surgical treatment, even though the patient has neverbeen so adjudicated by a court; and
        (2) the treatment is medically necessary;
the superintendent shall obtain a second opinion on the issues listedin subdivisions (1) and (2) from a licensed physician independent ofthe appropriate facility.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-6
Second opinion specialist list
    Sec. 6. In obtaining a second opinion as required by section 5 ofthis chapter, the superintendent shall compile a list of licensedphysicians, organized by specialty. The superintendent must use anappropriate specialist from the list whenever possible. The physicianchosen to give a second opinion must not be the same physician laterchosen to perform the surgery that was the subject of the second

opinion, unless an emergency exists.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-7
Notice to relatives or friends of patient
    Sec. 7. The superintendent shall attempt to notify by certified mailany known relatives or friends of the patient of the patient'scondition, the treatment determined to be necessary by thesuperintendent and the treating physician, and the result of theindependent second opinion. To the extent possible given theurgency of the circumstances, the superintendent shall allow areasonable time within which to receive responses of personsnotified and shall consider the responses received before taking finalaction.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-8
Concurring second opinion; procedure
    Sec. 8. If the superintendent has followed the procedures insections 4, 5, 6, and 7 of this chapter and the second opinion obtainedunder section 5 of this chapter concurs with the originaldetermination of the superintendent and the patient's treatingphysician, the superintendent may give consent to the medical orsurgical treatment of the patient.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-9
Superintendent immune from liability
    Sec. 9. A superintendent who, without malice, bad faith, ornegligence, discloses confidential information in connection with thesuperintendent's compliance with section 7 of this chapter orconsents to medical or surgical treatment of a patient after followingthe procedures required by this chapter is immune from any civil orcriminal liability that might otherwise be imposed as a result ofdisclosing confidential information or giving or withholding theconsent.
As added by P.L.2-1993, SEC.19.

IC 16-36-3-10
Report of medical treatments approved
    Sec. 10. The superintendent shall compile a report of all medicallynecessary treatments approved under this chapter during eachcalendar quarter and send the report to the director of the division ofmental health and addiction or the director of the division ofdisability and rehabilitative services not more than one (1) monthafter the end of that quarter. The report must contain the followinginformation:
        (1) The name of the patient.
        (2) The type of action taken.
        (3) The date of the action.        (4) The reason for the action.
        (5) The names of the treating physician, the physicianindependent of the appropriate facility, and any other physicianwho entered an opinion that was contrary to the treatingphysician's opinion.
As added by P.L.2-1993, SEC.19. Amended by P.L.40-1994, SEC.65;P.L.215-2001, SEC.83; P.L.141-2006, SEC.89.