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 the
meaning 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 meaning
set 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 not
exclude other lawful methods of consent or require consent in an
emergency. 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 an
appropriate facility may be given by the superintendent under the
procedures 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 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 listed
in subdivisions (1) and (2) from a licensed physician independent of
the 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 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 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 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 superintendent shall allow a
reasonable time within which to receive responses of persons
notified and shall consider the responses received before taking final
action. 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 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 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, 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 be imposed as a result of
disclosing confidential information or giving or withholding the
consent. 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 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 end of that quarter. The report must contain the following
information:
(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 physician
independent of the appropriate facility, and any other physician
who entered an opinion that was contrary to the treating
physician'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.
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 the
meaning 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 meaning
set 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 not
exclude other lawful methods of consent or require consent in an
emergency. 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 an
appropriate facility may be given by the superintendent under the
procedures 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 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 listed
in subdivisions (1) and (2) from a licensed physician independent of
the 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 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 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 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 superintendent shall allow a
reasonable time within which to receive responses of persons
notified and shall consider the responses received before taking final
action. 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 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 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, 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 be imposed as a result of
disclosing confidential information or giving or withholding the
consent. 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 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 end of that quarter. The report must contain the following
information:
(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 physician
independent of the appropriate facility, and any other physician
who entered an opinion that was contrary to the treating
physician'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.
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 the
meaning 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 meaning
set 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 not
exclude other lawful methods of consent or require consent in an
emergency. 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 an
appropriate facility may be given by the superintendent under the
procedures 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 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 listed
in subdivisions (1) and (2) from a licensed physician independent of
the 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 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 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 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 superintendent shall allow a
reasonable time within which to receive responses of persons
notified and shall consider the responses received before taking final
action. 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 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 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, 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 be imposed as a result of
disclosing confidential information or giving or withholding the
consent. 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 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 end of that quarter. The report must contain the following
information:
(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 physician
independent of the appropriate facility, and any other physician
who entered an opinion that was contrary to the treating
physician'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.
