IC 16-36-1

Health Care Consent

This Indiana statute establishes the legal framework for health care consent, defining who may consent to their own care and who may consent on behalf of individuals incapable of doing so. It sets out the priority order of authorized representatives, procedures for appointing or delegating consent authority, disqualification rules, and immunity protections for health care providers acting in good faith. The chapter does not license or set operating standards for any specific behavioral health, IDD, or other facility type.

Chapter 1. Health Care Consent

16-36-1-1
"Health care"
 
16-36-1-2
"Representative"
 
16-36-1-3
Consent for own health care; minor's blood
donation
 
16-36-1-3.5
Consent by pregnant minor for pregnancy health
care; contacting minor's parent or guardian
 
16-36-1-4
Incapacity to consent; invalid consent
 
16-36-1-5
Persons authorized to consent for incapable
parties; minors
 
16-36-1-6
Delegated authority to consent on behalf of
incapable party
 
16-36-1-7
Appointed representative; qualifications;
conditions; effective date; duties; resignation;
revocation of appointment
 
16-36-1-8
Probate court petition; hearing; notice; findings
 
16-36-1-9
Disqualification of person to consent for patient
or health care recipient
 
16-36-1-9.5
Persons who may not provide consent
 
16-36-1-10
Immunity of health care providers or consenting
persons; good faith requirement
 
16-36-1-11
Disclosure of medical information to
representative authorized to consent
 
16-36-1-12
Effect of chapter on other law; personal liability
of representatives for costs of care
 
16-36-1-13
Euthanasia
 
16-36-1-14
Incorporation of 
IC 30-5
 by reference;
appointment of health care representative
 
16-36-1-15
Separate consent for telehealth not required
 
16-36-1-16
Expired
 
16-36-1-17
Locating persons authorized to consent
 
IC 16-36-1-1
"Health care"
 
Sec. 1. As used in this chapter, "health care" means
any care, treatment, service, or procedure to maintain, diagnose, or treat
an individual's physical or mental condition. The term includes
admission to a health care facility.
[Pre-1993 Recodification Citation: 16-8-12-1(2).]
As added by P.L.2-1993, SEC.19.
 
IC 16-36-1-2
"Representative"
 
Sec. 2. As used in this chapter, "representative"
means:
(1) an individual at least eighteen (18) years of age;
(2) a corporation;
(3) a trust;
(4) a limited liability company;
(5) a partnership;
(6) a business trust;
(7) an estate;
(8) an association;
(9) a joint venture;
(10) a government or political subdivision;
(11) an agency;
(12) an instrumentality; or
(13) any other legal or commercial entity;
appointed to consent to health care of another under this chapter.
[Pre-1993 Recodification Citation: 16-8-12-1(5).]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.5.
 
IC 16-36-1-3
Consent for own health care; minor's blood donation
 
Sec. 3. (a) Except as provided in subsections (b)
through (d), unless incapable of consenting under section 4 of this
chapter, an individual may consent to the individual's own health care
if the individual is:
(1) an adult; or
(2) a minor and:
(A) is emancipated;
(B) is:
(i) at least fourteen (14) years of age;
(ii) not dependent on a parent or guardian for support;
(iii) living apart from the minor's parents or from an
individual in loco parentis; and
(iv) managing the minor's own affairs;
(C) is or has been married;
(D) is in the military service of the United States;
(E) meets the requirements of section 3.5 of this chapter; or
(F) is authorized to consent to the health care by any other
statute.
 
(b) A person at least seventeen (17) years of age is eligible to donate
blood in a voluntary and noncompensatory blood program without
obtaining permission from a parent or guardian.
 
(c) A person who is sixteen (16) years of age is eligible to donate
blood in a voluntary and noncompensatory blood program if the person
has obtained written permission from the person's parent or guardian.
 
(d) An individual who has, suspects that the individual has, or has
been exposed to a sexually transmitted infection is competent to give
consent for medical or hospital care or treatment of the individual.
[Pre-1993 Recodification Citations: 16-8-2-1; 16-8-5-1;
16-8-12-2.]
As added by P.L.2-1993, SEC.19. Amended by P.L.4-2010,
SEC.1; P.L.139-2019, SEC.1; P.L.50-2021, SEC.35; P.L.147-2023,
SEC.13.
 
IC 16-36-1-3.5
Consent by pregnant minor for pregnancy health care; contacting
minor's parent or guardian
 
Sec. 3.5. (a) This section does not apply to consent
to the provision of an abortion or completion of a POST form.
 
(b) A minor who:
(1) is at least sixteen (16) years of age; and
(2) is:
(A) pregnant;
(B) in labor; or
(C) postpartum for a sixty (60) day period after the birth;
is competent to give consent for the minor's medical or hospital care
and treatment with respect to the pregnancy, delivery, and postpartum
care of the minor.
 
(c) Before a health care provider may provide care to a minor
described in subsection (b), the health care provider shall, before or at
the initial appointment for treatment, make a reasonable effort to
contact the minor's parent or guardian for consent to provide the
treatment and document in writing each attempt the health care
provider made to contact the parent or guardian of the minor. If, after
the health care provider has made a reasonable attempt to contact the
minor's parent or guardian before or at the initial appointment for
treatment, either:
(1) the health care provider is unable to make contact; or
(2) the parent or guardian of the minor refuses to provide consent
for treatment;
the health care provider shall act in the manner that is in the best
interests of the minor and the fetus.
 
(d) If, after the initial appointment or treatment, the health care
provider determines that additional care is in the best interest of the
minor and the fetus, the health care provider shall make one (1)
additional attempt to contact the parent or guardian of the minor for
consent, if applicable, before:
(1) the provision of prenatal care;
(2) the delivery of the baby; and
(3) the provision of postpartum care.
As added by P.L.139-2019, SEC.2.
 
IC 16-36-1-4
Incapacity to consent; invalid consent
 
Sec. 4. (a) An individual described in section 3 of this
chapter may consent to health care unless, in the good faith opinion of
the attending physician, the individual is incapable of making a
decision regarding the proposed health care.
 
(b) A consent to health care under section 5, 6, or 7 of this chapter
is not valid if:
(1) the health care provider has knowledge that the individual has
indicated contrary instructions in regard to the proposed health
care; and
(2) the individual has not been determined to be incapable of
consenting to health care by:
(A) an order of a probate court under section 8 of this chapter;
or
(B) the individual's attending physician under subsection (a).
[Pre-1993 Recodification Citation: 16-8-12-3.]
As added by P.L.2-1993, SEC.19. Amended by P.L.50-2021,
SEC.36.
 
IC 16-36-1-5
Persons authorized to consent for incapable parties; minors
 
Sec. 5. (a) If an adult incapable of consenting under
section 4 of this chapter has not appointed a health care representative
under section 7 of this chapter or the health care representative
appointed under section 7 of this chapter is not reasonably available or
declines to act, except as provided in sections 9 and 9.5 of this chapter,
consent to health care may be given in the following order of priority:
(1) A judicially appointed guardian of the person or a
representative appointed under section 8 of this chapter.
(2) A spouse.
(3) An adult child.
(4) A parent.
(5) An adult sibling.
(6) A grandparent.
(7) An adult grandchild.
(8) The nearest other adult relative in the next degree of kinship
who is not listed in subdivisions (2) through (7).
(9) A friend who:
(A) is an adult;
(B) has maintained regular contact with the individual; and
(C) is familiar with the individual's activities, health, and
religious or moral beliefs.
(10) The individual's religious superior, if the individual is a
member of a religious order.
 
(b) Consent to health care for a minor not authorized to consent
under section 3 of this chapter may be given by any of the following:
(1) A judicially appointed guardian of the person or a
representative appointed under section 8 of this chapter.
(2) A parent or an individual in loco parentis if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) the guardian or other representative is not reasonably
available or declines to act; or
(C) the existence of the guardian or other representative is
unknown to the health care provider.
(3) An adult sibling of the minor if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) a parent or an individual in loco parentis is not reasonably
available or declines to act; or
(C) the existence of the parent or individual in loco parentis is
unknown to the health care provider after reasonable efforts are
made by the health care provider to determine whether the
minor has a parent or an individual in loco parentis who is able
to consent to the treatment of the minor.
(4) A grandparent of the minor if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) a parent, an individual in loco parentis, or an adult sibling
is not reasonably available or declines to act; or
(C) the existence of the parent, individual in loco parentis, or
adult sibling is unknown to the health care provider after
reasonable efforts are made by the health care provider to
determine whether the minor has a parent, an individual in loco
parentis, or an adult sibling who is able to consent to the
treatment of the minor.
 
(c) A representative delegated authority to consent under section 6
of this chapter has the same authority and responsibility as the
individual delegating the authority.
 
(d) An individual authorized to consent for another under this
section shall act in good faith and in the best interest of the individual
incapable of consenting.
 
(e) If there are multiple individuals at the same priority level under
this section, those individuals shall make a reasonable effort to reach
a consensus as to the health care decisions on behalf of the individual
who is unable to provide health care consent. If the individuals at the
same priority level disagree as to the health care decisions on behalf of
the individual who is unable to provide health care consent, a majority
of the available individuals at the same priority level controls.
[Pre-1993 Recodification Citation: 16-8-12-4.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.6; P.L.54-2017, SEC.1; P.L.67-2018, SEC.3.
 
IC 16-36-1-6
Delegated authority to consent on behalf of incapable party
 
Sec. 6. (a) A representative authorized to consent to
health care for another under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5),
5(a)(6), 5(b)(2), or 5(b)(3) of this chapter who for a time will not be
reasonably available to exercise the authority may delegate the
authority to consent during that time to another representative not
disqualified under section 9 or 9.5 of this chapter. The delegation:
(1) must be in writing;
(2) must be signed by the delegate;
(3) must be witnessed by an adult; and
(4) may specify conditions on the authority delegated.
 
(b) Unless the writing expressly provides otherwise, the delegate
may not delegate the authority to another representative.
 
(c) The delegate may revoke the delegation at any time by notifying
orally or in writing the delegate or the health care provider.
[Pre-1993 Recodification Citation: 16-8-12-5.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.7; P.L.67-2018, SEC.4.
 
IC 16-36-1-7
Appointed representative; qualifications; conditions; effective date;
duties; resignation; revocation of appointment
 
Sec. 7. (a) An individual who may consent to health
care under section 3 of this chapter may appoint another representative
to act for the appointor in matters affecting the appointor's health care.
 
(b) An appointment and any amendment must meet the following
conditions:
(1) Be in writing.
(2) Be signed by the appointor or by a designee in the appointor's
presence before January 1, 2023.
(3) Be witnessed by an adult other than the representative.
 
(c) The appointor may specify in the appointment appropriate terms
and conditions, including an authorization to the representative to
delegate the authority to consent to another.
 
(d) The authority granted becomes effective according to the terms
of the appointment.
 
(e) The appointment does not commence until the appointor
becomes incapable of consenting. The authority granted in the
appointment is not effective if the appointor regains the capacity to
consent.
 
(f) Unless the appointment provides otherwise, a representative
appointed under this section who is reasonably available and willing to
act has priority to act in all matters of health care for the appointor,
except when the appointor is capable of consenting.
 
(g) In making all decisions regarding the appointor's health care, a
representative appointed under this section shall act as follows:
(1) In the best interest of the appointor consistent with the
purpose expressed in the appointment.
(2) In good faith.
 
(h) A health care representative who resigns or is unwilling to
comply with the written appointment may not exercise further power
under the appointment and shall so inform the following:
(1) The appointor.
(2) The appointor's legal representative if one is known.
(3) The health care provider if the representative knows there is
one.
 
(i) An individual who is capable of consenting to health care may
revoke:
(1) the appointment at any time by notifying the representative
orally or in writing; or
(2) the authority granted to the representative by notifying the
health care provider orally or in writing.
[Pre-1993 Recodification Citation: 16-8-12-6.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.8; P.L.50-2021, SEC.37.
 
IC 16-36-1-8
Probate court petition; hearing; notice; findings
 
Sec. 8. (a) A health care provider or any interested
person (as defined in 
IC 30-5-2-6
) may petition the probate court in the
county where the individual who is the subject of the petition is present
for purposes of receiving health care to:
(1) make a health care decision or order health care for an
individual incapable of consenting; or
(2) appoint a representative to act for the individual.
 
(b) Reasonable notice of the time and place of hearing a petition
under this section must be given to the following:
(1) The individual incapable of consenting.
(2) Anyone having the care and custody of the individual.
(3) Those persons in the classes described in section 5 of this
chapter who are reasonably available and who are designated by
the court.
 
(c) The probate court may modify or dispense with notice and
hearing if the probate court finds that delay will have a serious, adverse
effect upon the health of the individual.
 
(d) The probate court may order health care, appoint a
representative to make a health care decision for the individual
incapable of consenting to health care with the limitations on the
authority of the representative as the probate court considers
appropriate, or order any other appropriate relief in the best interest of
the individual if the probate court finds the following:
(1) A health care decision is required for the individual.
(2) The individual is incapable of consenting to health care.
(3) There is no person authorized to consent or a person
authorized to consent to health care:
(A) is not reasonably available;
(B) declines to act; or
(C) is not acting in the best interest of the individual in need of
health care.
[Pre-1993 Recodification Citation: 16-8-12-7.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.9.
 
IC 16-36-1-9
Disqualification of person to consent for patient or health care recipient
 
Sec. 9. (a) An individual who may consent to the
individual's own health care under section 3 of this chapter may
disqualify others from consenting to health care for the individual.
 
(b) A disqualification must meet the following conditions:
(1) Be in writing.
(2) Be signed by the individual.
(3) Designate those disqualified.
 
(c) A health care provider who knows of a written disqualification
may not accept consent to health care from a disqualified individual.
 
(d) An individual who knows that the individual has been
disqualified to consent to health care for another may not act for the
other under this chapter.
[Pre-1993 Recodification Citation: 16-8-12-8.]
As added by P.L.2-1993, SEC.19.
 
IC 16-36-1-9.5
Persons who may not provide consent
 
Sec. 9.5. The following individuals may not provide
health care consent under section 5(a) of this chapter:
(1) A spouse who:
(A) is legally separated; or
(B) has a petition for dissolution, legal separation, or annulment
of marriage that is pending in a court;
from the individual who is incapable of providing consent.
(2) An individual who is subject to a protective order or other
court order that directs that individual to avoid contact with the
individual who is incapable of providing consent.
(3) An individual who is subject to a pending criminal charge in
which the individual who is incapable of providing consent was
the alleged victim.
As added by P.L.67-2018, SEC.5.
 
IC 16-36-1-10
Immunity of health care providers or consenting persons; good faith
requirement
 
Sec. 10. (a) A health care provider acting or
declining to act in reliance on the consent or refusal of consent of a
representative who the provider believes in good faith is authorized to
consent to health care is not subject to:
(1) criminal prosecution;
(2) civil liability; or
(3) professional disciplinary action;
on the ground that the representative who consented or refused to
consent lacked authority or capacity.
 
(b) A health care provider who believes in good faith that a
representative is incapable of consenting is not subject to:
(1) criminal prosecution;
(2) civil liability; or
(3) professional disciplinary action;
for failing to follow the representative's direction.
 
(c) A person who in good faith believes the representative is
authorized to consent or refuse to consent to health care for another
under this chapter or another statute is not subject to:
(1) criminal prosecution; or
(2) civil liability if the person exercises due care;
on the ground that the representative lacked authority to consent.
[Pre-1993 Recodification Citation: 16-8-12-9.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.10.
 
IC 16-36-1-11
Disclosure of medical information to representative authorized to
consent
 
Sec. 11. (a) A representative under this chapter has
the same right that the authorizing individual has to receive information
relevant to the contemplated health care and to consent to the
disclosure of medical records to a health care provider.
 
(b) Disclosure of information regarding contemplated health care to
a representative is not a waiver of an evidentiary privilege or of the
right to assert confidentiality.
[Pre-1993 Recodification Citation: 16-8-12-10.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.11.
 
IC 16-36-1-12
Effect of chapter on other law; personal liability of representatives for
costs of care
 
Sec. 12. (a) This chapter does not affect Indiana law
concerning an individual's authorization to do the following:
(1) Make a health care decision for the individual or another
individual.
(2) Provide, withdraw, or withhold medical care necessary to
prolong or sustain life.
 
(b) This chapter does not affect the requirements in any other
Indiana law concerning consent to observation, diagnosis, treatment,
or hospitalization for a mental illness.
 
(c) This chapter does not authorize a representative to consent to
any health care that is prohibited under Indiana law.
 
(d) This chapter does not affect any requirement of notice to others
of proposed health care under any other Indiana law.
 
(e) This chapter does not affect Indiana law concerning the
following:
(1) The standard of care of a health care provider required in the
provision of health care.
(2) When consent is required for health care.
(3) Elements of informed consent for health care.
(4) Other methods of consent authorized by Indiana law.
(5) Health care being provided in an emergency without consent.
 
(f) This chapter does not prevent an individual capable of
consenting to the individual's own health care or to the health care of
another under this chapter, including those authorized under sections
5 through 7 of this chapter, from consenting to health care administered
in good faith under religious tenets of the individual requiring health
care.
 
(g) A representative consenting to health care for an individual
under this chapter does not become personally liable for the cost of the
health care by virtue of that consent.
[Pre-1993 Recodification Citation: 16-8-12-11.]
As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015,
SEC.12.
 
IC 16-36-1-13
Euthanasia
 
Sec. 13. This chapter does not authorize euthanasia.
[Pre-1993 Recodification Citation: 16-8-12-12.]
As added by P.L.2-1993, SEC.19.
 
IC 16-36-1-14
Incorporation of IC 30-5 by reference; appointment of health care
representative
 
Sec. 14. (a) The health care consent provisions under

IC 30-5
 are incorporated by reference into this chapter to the extent the
provisions under 
IC 30-5
 do not conflict with explicit requirements
under this chapter.
 
(b) With respect to the written appointment of a health care
representative under section 7 of this chapter, whenever the
appointment authorizes health care to be withdrawn or withheld from
an individual with a terminal condition (as defined in 
IC 16-36-4-5
),
the language in 
IC 30-5-5-17
 must be included in the appointment in
substantially the same form.
[Pre-1993 Recodification Citation: 16-8-12-13.]
As added by P.L.2-1993, SEC.19.
 
IC 16-36-1-15
Separate consent for telehealth not required
 
Sec. 15. A health care provider (as defined in 
IC 16-18-2-163
(a)) may not be required to obtain a separate additional
written health care consent for the provision of telehealth services.
As added by P.L.185-2015, SEC.17. Amended by P.L.85-2021,
SEC.6.
 
IC 16-36-1-16
Expired
As added by P.L.29-2016, SEC.1. Expired 12-31-2017 by
P.L.29-2016, SEC.1.
 
IC 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 16-36-1.5