IC 16-36-1.5
Chapter 1.5. Consent for Mental Health Services
IC 16-36-1.5-1 Applicability of chapter
Sec. 1. This chapter does not apply when an individual is detained
or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, or
IC 12-26-7. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-2 "Mental health provider" defined
Sec. 2. As used in this chapter, "mental health provider" means
any of the following:
(1) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under
IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(6) An individual who claims to be a mental health provider. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.1; P.L.147-1997, SEC.3.
IC 16-36-1.5-3 "Patient" defined
Sec. 3. As used in this chapter, "patient" means a person who is
the recipient of mental health services. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-4 Mental health provider; consent from patient required
Sec. 4. Before providing mental health services, a mental health
provider must obtain consent from each patient. As added by P.L.145-1996, SEC.3. Amended by P.L.111-1997,
SEC.7; P.L.149-1997, SEC.2; P.L.253-1997(ss), SEC.19.
IC 16-36-1.5-4.5 Physician; written consent from patient required
Sec. 4.5. Before providing mental health services, a physician who
is licensed under IC 25-22.5 must obtain consent from each patient
as provided in IC 34-18-12. As added by P.L.149-1997, SEC.3. Amended by P.L.1-1998,
SEC.119.
IC 16-36-1.5-5 Consent by mentally incompetent patient
Sec. 5. (a) This section applies to a patient who:
(1) receives mental health services; and
(2) is mentally incompetent.
(b) A patient described in subsection (a) shall provide consent for
mental health treatment through the informed consent of one (1) of
the following:
(1) The patient's legal guardian or other court appointed
representative.
(2) The patient's health care representative under IC 16-36-1.
(3) An attorney in fact for health care appointed under
IC 30-5-5-16.
(4) The patient's health care representative acting in accordance
with the patient's psychiatric advance directive as expressed in
a psychiatric advance directive executed under IC 16-36-1.7. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.4; P.L.16-2004, SEC.2.
IC 16-36-1.5-6 Compliance with chapter
Sec. 6. In order to comply with this chapter, a mental health
provider needs to obtain only one (1) consent for mental health
services for a patient while admitted in or treated as an outpatient at
the main facility or a clinic of any of the following:
(1) A psychiatric hospital (as defined in IC 12-7-2-151).
(2) A hospital (as defined in IC 16-18-2-179(b)).
(3) A community mental health center (as defined in
IC 12-7-2-38). As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.5.
IC 16-36-1.5-7 Rebuttable presumption of informed consent
Sec. 7. If a patient's written consent is:
(1) signed by the patient or the patient's authorized
representative;
(2) witnessed by an individual who is at least eighteen (18)
years of age; and
(3) explained, orally or in the written consent, to the patient or
the patient's authorized representative before a treatment,
procedure, examination, or test;
a rebuttable presumption is created that the consent is an informed
consent. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-8
Repealed
(Repealed by P.L.149-1997, SEC.8.)
IC 16-36-1.5-9
Repealed
(Repealed by P.L.149-1997, SEC.8.) IC 16-36-1.5-10 Information to be provided by mental health provider
Sec. 10. A mental health provider shall inform each patient of the
mental health provider about:
(1) the mental health provider's training and credentials;
(2) the reasonably foreseeable risks and relative benefits of
proposed treatments and alternative treatments; and
(3) the patient's right to withdraw consent for treatment at any
time. As added by P.L.149-1997, SEC.6.
IC 16-36-1.5
Chapter 1.5. Consent for Mental Health Services
IC 16-36-1.5-1 Applicability of chapter
Sec. 1. This chapter does not apply when an individual is detained
or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, or
IC 12-26-7. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-2 "Mental health provider" defined
Sec. 2. As used in this chapter, "mental health provider" means
any of the following:
(1) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under
IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(6) An individual who claims to be a mental health provider. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.1; P.L.147-1997, SEC.3.
IC 16-36-1.5-3 "Patient" defined
Sec. 3. As used in this chapter, "patient" means a person who is
the recipient of mental health services. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-4 Mental health provider; consent from patient required
Sec. 4. Before providing mental health services, a mental health
provider must obtain consent from each patient. As added by P.L.145-1996, SEC.3. Amended by P.L.111-1997,
SEC.7; P.L.149-1997, SEC.2; P.L.253-1997(ss), SEC.19.
IC 16-36-1.5-4.5 Physician; written consent from patient required
Sec. 4.5. Before providing mental health services, a physician who
is licensed under IC 25-22.5 must obtain consent from each patient
as provided in IC 34-18-12. As added by P.L.149-1997, SEC.3. Amended by P.L.1-1998,
SEC.119.
IC 16-36-1.5-5 Consent by mentally incompetent patient
Sec. 5. (a) This section applies to a patient who:
(1) receives mental health services; and
(2) is mentally incompetent.
(b) A patient described in subsection (a) shall provide consent for
mental health treatment through the informed consent of one (1) of
the following:
(1) The patient's legal guardian or other court appointed
representative.
(2) The patient's health care representative under IC 16-36-1.
(3) An attorney in fact for health care appointed under
IC 30-5-5-16.
(4) The patient's health care representative acting in accordance
with the patient's psychiatric advance directive as expressed in
a psychiatric advance directive executed under IC 16-36-1.7. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.4; P.L.16-2004, SEC.2.
IC 16-36-1.5-6 Compliance with chapter
Sec. 6. In order to comply with this chapter, a mental health
provider needs to obtain only one (1) consent for mental health
services for a patient while admitted in or treated as an outpatient at
the main facility or a clinic of any of the following:
(1) A psychiatric hospital (as defined in IC 12-7-2-151).
(2) A hospital (as defined in IC 16-18-2-179(b)).
(3) A community mental health center (as defined in
IC 12-7-2-38). As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.5.
IC 16-36-1.5-7 Rebuttable presumption of informed consent
Sec. 7. If a patient's written consent is:
(1) signed by the patient or the patient's authorized
representative;
(2) witnessed by an individual who is at least eighteen (18)
years of age; and
(3) explained, orally or in the written consent, to the patient or
the patient's authorized representative before a treatment,
procedure, examination, or test;
a rebuttable presumption is created that the consent is an informed
consent. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-8
Repealed
(Repealed by P.L.149-1997, SEC.8.)
IC 16-36-1.5-9
Repealed
(Repealed by P.L.149-1997, SEC.8.) IC 16-36-1.5-10 Information to be provided by mental health provider
Sec. 10. A mental health provider shall inform each patient of the
mental health provider about:
(1) the mental health provider's training and credentials;
(2) the reasonably foreseeable risks and relative benefits of
proposed treatments and alternative treatments; and
(3) the patient's right to withdraw consent for treatment at any
time. As added by P.L.149-1997, SEC.6.
IC 16-36-1.5
Chapter 1.5. Consent for Mental Health Services
IC 16-36-1.5-1 Applicability of chapter
Sec. 1. This chapter does not apply when an individual is detained
or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, or
IC 12-26-7. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-2 "Mental health provider" defined
Sec. 2. As used in this chapter, "mental health provider" means
any of the following:
(1) A registered nurse or licensed practical nurse licensed under
IC 25-23.
(2) A clinical social worker licensed under IC 25-23.6-5.
(3) A marriage and family therapist licensed under
IC 25-23.6-8.
(4) A psychologist licensed under IC 25-33.
(5) A school psychologist licensed by the Indiana state board of
education.
(6) An individual who claims to be a mental health provider. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.1; P.L.147-1997, SEC.3.
IC 16-36-1.5-3 "Patient" defined
Sec. 3. As used in this chapter, "patient" means a person who is
the recipient of mental health services. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-4 Mental health provider; consent from patient required
Sec. 4. Before providing mental health services, a mental health
provider must obtain consent from each patient. As added by P.L.145-1996, SEC.3. Amended by P.L.111-1997,
SEC.7; P.L.149-1997, SEC.2; P.L.253-1997(ss), SEC.19.
IC 16-36-1.5-4.5 Physician; written consent from patient required
Sec. 4.5. Before providing mental health services, a physician who
is licensed under IC 25-22.5 must obtain consent from each patient
as provided in IC 34-18-12. As added by P.L.149-1997, SEC.3. Amended by P.L.1-1998,
SEC.119.
IC 16-36-1.5-5 Consent by mentally incompetent patient
Sec. 5. (a) This section applies to a patient who:
(1) receives mental health services; and
(2) is mentally incompetent.
(b) A patient described in subsection (a) shall provide consent for
mental health treatment through the informed consent of one (1) of
the following:
(1) The patient's legal guardian or other court appointed
representative.
(2) The patient's health care representative under IC 16-36-1.
(3) An attorney in fact for health care appointed under
IC 30-5-5-16.
(4) The patient's health care representative acting in accordance
with the patient's psychiatric advance directive as expressed in
a psychiatric advance directive executed under IC 16-36-1.7. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.4; P.L.16-2004, SEC.2.
IC 16-36-1.5-6 Compliance with chapter
Sec. 6. In order to comply with this chapter, a mental health
provider needs to obtain only one (1) consent for mental health
services for a patient while admitted in or treated as an outpatient at
the main facility or a clinic of any of the following:
(1) A psychiatric hospital (as defined in IC 12-7-2-151).
(2) A hospital (as defined in IC 16-18-2-179(b)).
(3) A community mental health center (as defined in
IC 12-7-2-38). As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997,
SEC.5.
IC 16-36-1.5-7 Rebuttable presumption of informed consent
Sec. 7. If a patient's written consent is:
(1) signed by the patient or the patient's authorized
representative;
(2) witnessed by an individual who is at least eighteen (18)
years of age; and
(3) explained, orally or in the written consent, to the patient or
the patient's authorized representative before a treatment,
procedure, examination, or test;
a rebuttable presumption is created that the consent is an informed
consent. As added by P.L.145-1996, SEC.3.
IC 16-36-1.5-8
Repealed
(Repealed by P.L.149-1997, SEC.8.)
IC 16-36-1.5-9
Repealed
(Repealed by P.L.149-1997, SEC.8.) IC 16-36-1.5-10 Information to be provided by mental health provider
Sec. 10. A mental health provider shall inform each patient of the
mental health provider about:
(1) the mental health provider's training and credentials;
(2) the reasonably foreseeable risks and relative benefits of
proposed treatments and alternative treatments; and
(3) the patient's right to withdraw consent for treatment at any
time. As added by P.L.149-1997, SEC.6.
