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

Indiana Statutes

§ 16-36-3-5 — Second medical opinion

Indiana § 16-36-3-5

Title 16HEALTH

Art. 36MEDICAL CONSENT

Ch. 3Consent to Medical Treatment of Incompetent

This text of Indiana § 16-36-3-5 (Second medical opinion) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-36-3-5 (2026).

Text

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).]

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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).]