§ 16-36-1-10 — Immunity of health care providers or consenting persons; good faith requirement

(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.]

Legislative History

As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.10.