Indiana Code 16-36-1-3.5. Consent by pregnant minor for pregnancy health care; contacting minor’s parent or guardian
(b) A minor who:
Terms Used In Indiana Code 16-36-1-3.5
- 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
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
(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.