Indiana § 16-36-3-5 - Second medical opinion

Full text of Indiana Indiana Code § 16-36-3-5 — Second medical opinion, with citation guidance and answers to common questions.

§ 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.

[Pre-1993 Recodification Citation: 16-8-3-3(b).]

As added by P.L.2-1993, SEC.19.

Source: official Indiana text · Last verified 2026-08-27

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Frequently Asked Questions About Indiana § 16-36-3-5

What does Indiana Code § 16-36-3-5 cover?

Section 16-36-3-5 ("Second medical opinion") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Indiana § 16-36-3-5?

A common citation format is "Indiana Code § 16-36-3-5" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Indiana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.

How does Indiana § 16-36-3-5 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.