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;

Terms Used In Indiana Code 16-36-1-10

  • health care: means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. See Indiana Code 16-36-1-1
  • representative: means :

    Indiana Code 16-36-1-2

  • Statute: A law passed by a legislature.
(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.

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