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

Terms Used In Indiana Code 16-36-1-3

  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
  • Statute: A law passed by a legislature.
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(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.

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