Indiana § 16-36-1-17 - Locating persons authorized to consent

§ 16-36-1-17. Locating persons authorized to consent

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 the individual who is incapable of providing health care consent. The health care provider shall attempt to contact individuals who are high in the priority level and able to provide health care consent under section 5 of this chapter by telephone or other means after a determination is made that the individual is incapable of providing health care consent.

As added by P.L.67-2018, SEC.6.

IC 16-36-1.5Chapter 1.5. Consent for Mental Health Services

16-36-1.5-1Applicability of chapter 16-36-1.5-2"Mental health provider" defined 16-36-1.5-3"Patient" defined 16-36-1.5-4Mental health provider; consent from patient required 16-36-1.5-4.5Physician; written consent from patient required 16-36-1.5-5Consent by mentally incompetent patient 16-36-1.5-6Compliance with chapter 16-36-1.5-7Rebuttable presumption of informed consent 16-36-1.5-8Repealed 16-36-1.5-9Repealed 16-36-1.5-10Information to be provided by mental health provider

IC 16-36-1.5-1Applicability of chapter Sec. 1. This chapter does not apply when an individual is detained or committed under IC 12-26-5, IC 12-26-6, or IC 12-26-7.

As added by P.L.145-1996, SEC.3. Amended by P.L.205-2023, SEC.21.

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 16-36-1.5-4Mental 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 16-36-1.5-4.5Physician; 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 16-36-1.5-5Consent 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.

(5) The patient's health care representative conferred under IC 16-36-7.

As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.4; P.L.16-2004, SEC.2; P.L.50-2021, SEC.38.

IC 16-36-1.5-6Compliance 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 12-7-2.1-270).

(2) A hospital (as defined in IC 16-18-2-179(b)).

(3) A community mental health center (as defined in IC 12-7-2.1-78).

As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.5; P.L.145-2026, SEC.105.

IC 16-36-1.5-7Rebuttable 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 16-36-1.5-8RepealedAs added by P.L.145-1996, SEC.3. Repealed by P.L.149-1997, SEC.8.

IC 16-36-1.5-9RepealedAs added by P.L.145-1996, SEC.3. Repealed by P.L.149-1997, SEC.8.

IC 16-36-1.5-10Information 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 16-36-1.7Chapter 1.7. Psychiatric Advance Directives

16-36-1.7-0.5Inapplicability to certain mentally ill individuals 16-36-1.7-1"Psychiatric advance directive" defined 16-36-1.7-2Requirement to execute a directive; information required; compliance 16-36-1.7-3Specifications by individuals 16-36-1.7-4Liability 16-36-1.7-5Treatment by attending physician

IC 16-36-1.7-0.5Inapplicability to certain mentally ill individuals Sec. 0.5. This chapter does not apply when an individual is detained or committed under IC 12-26-5, IC 12-26-6, or IC 12-26-7.

As added by P.L.16-2004, SEC.3. Amended by P.L.205-2023, SEC.22.

IC 16-36-1.7-1"Psychiatric advance directive" defined Sec. 1. As used in this chapter, "psychiatric advance directive" means a written instrument that expresses the individual's preference and consent to the administration of treatment measures for a specific diagnosis for the care and treatment of the individual's mental illness during subsequent periods of incapacity.

As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-2Requirement to execute a directive; information required; compliance Sec. 2. (a) An individual who has capacity may execute a psychiatric advance directive.

(b) The psychiatric advance directive must include the following:

(1) The name of the individual entering into the psychiatric advance directive.

(2) The name of the treatment program and the sponsoring facility or institution in which the individual is enrolled, if applicable.

(3) The name, address, and telephone number of:

(A) the individual's treating physician; or

(B) other treating mental health personnel.

(4) The signature of the individual entering into the psychiatric advance directive.

(5) The date on which the individual signed the psychiatric advance directive.

(6) The name, address, and telephone number of the designated health care representative.

(7) The signature of the psychiatrist treating the individual entering into the psychiatric advance directive, attesting to:

(A) the appropriateness of the individual's preferences stated in the psychiatric advance directive; and

(B) the capacity of the individual entering into the psychiatric advance directive.

(c) The psychiatric advance directive must comply with and is subject to the requirements and provisions of IC 16-36-1.

As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-3Specifications by individuals Sec. 3. An individual may specify in the psychiatric advance directive treatment measures, including:

(1) admission to an inpatient setting;

(2) the administration of prescribed medication:

(A) orally; or

(B) by injection;

(3) physical restraint;

(4) seclusion;

(5) electroconvulsive therapy; or

(6) mental health counseling;

for the care and treatment of the individual's mental illness during a period when the individual is incapacitated.

As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-4Liability Sec. 4. A person who:

(1) treats an individual who has executed a psychiatric advance directive; and

(2) is not aware that the individual being treated has executed a valid psychiatric advance directive;

is not subject to civil or criminal liability based on an allegation that the person did not comply with the psychiatric advance directive.

As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-5Treatment by attending physician Sec. 5. This chapter does not preclude an attending physician from treating the patient in a manner that is of the best interest of the patient or another individual.

As added by P.L.16-2004, SEC.3.

IC 16-36-2Chapter 2. Consent to Autopsy

16-36-2-1Autopsy defined 16-36-2-2Form of consent 16-36-2-3Persons authorized to give consent 16-36-2-4Conclusiveness of consent 16-36-2-5Effect of chapter on other laws