Ind. Code ch. 16-36-1.5

Ind. Code ch. 16-36-1.5
in effect

Ind. Code § 16-36-1.5-1 Applicability of chapter

Sec. 1. This chapter does not apply when an individual is detained or committed under IC 12-26-5, IC 12-26-6, or IC 12-26-7. As added by P.L.145-1996, SEC.3. Amended by P.L.205-2023, SEC.21.

Ind. Code § 16-36-1.5-2 "Mental health provider" defined

Sec. 2. As used in this chapter, "mental health provider" means any of the following: (1) A registered nurse or licensed practical nurse licensed under IC 25-23. (2) A clinical social worker licensed under IC 25-23.6-5. (3) A marriage and family therapist licensed under IC 25-23.6-8. (4) A psychologist licensed under IC 25-33. (5) A school psychologist licensed by the Indiana state board of education. (6) An individual who claims to be a mental health provider. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.1; P.L.147-1997, SEC.3.

Ind. Code § 16-36-1.5-3 "Patient" defined

Sec. 3. As used in this chapter, "patient" means a person who is the recipient of mental health services. As added by P.L.145-1996, SEC.3.

Ind. Code § 16-36-1.5-4 Mental health provider; consent from patient required

Sec. 4. Before providing mental health services, a mental health provider must obtain consent from each patient. As added by P.L.145-1996, SEC.3. Amended by P.L.111-1997, SEC.7; P.L.149-1997, SEC.2; P.L.253-1997(ss), SEC.19.

Ind. Code § 16-36-1.5-4.5 Physician; written consent from patient required

Sec. 4.5. Before providing mental health services, a physician who is licensed under IC 25-22.5 must obtain consent from each patient as provided in IC 34-18-12. As added by P.L.149-1997, SEC.3. Amended by P.L.1-1998, SEC.119.

Ind. Code § 16-36-1.5-5 Consent by mentally incompetent patient

Sec. 5. (a) This section applies to a patient who: (1) receives mental health services; and (2) is mentally incompetent. (b) A patient described in subsection (a) shall provide consent for mental health treatment through the informed consent of one (1) of the following: (1) The patient's legal guardian or other court appointed representative. (2) The patient's health care representative under IC 16-36-1. (3) An attorney in fact for health care appointed under IC 30-5-5-16. (4) The patient's health care representative acting in accordance with the patient's psychiatric advance directive as expressed in a psychiatric advance directive executed under IC 16-36-1.7. (5) The patient's health care representative conferred under IC 16-36-7. As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.4; P.L.16-2004, SEC.2; P.L.50-2021, SEC.38.

Ind. Code § 16-36-1.5-6 Compliance with chapter

Sec. 6. In order to comply with this chapter, a mental health provider needs to obtain only one (1) consent for mental health services for a patient while admitted in or treated as an outpatient at the main facility or a clinic of any of the following: (1) A psychiatric hospital (as defined in IC 12-7-2.1-270). (2) A hospital (as defined in IC 16-18-2-179(b)). (3) A community mental health center (as defined in IC 12-7-2.1-78). As added by P.L.145-1996, SEC.3. Amended by P.L.149-1997, SEC.5; P.L.145-2026, SEC.105.

Ind. Code § 16-36-1.5-7 Rebuttable presumption of informed consent

Sec. 7. If a patient's written consent is: (1) signed by the patient or the patient's authorized representative; (2) witnessed by an individual who is at least eighteen (18) years of age; and (3) explained, orally or in the written consent, to the patient or the patient's authorized representative before a treatment, procedure, examination, or test; a rebuttable presumption is created that the consent is an informed consent. As added by P.L.145-1996, SEC.3.

Ind. Code § 16-36-1.5-10 Information to be provided by mental health provider

Sec. 10. A mental health provider shall inform each patient of the mental health provider about: (1) the mental health provider's training and credentials; (2) the reasonably foreseeable risks and relative benefits of proposed treatments and alternative treatments; and (3) the patient's right to withdraw consent for treatment at any time. As added by P.L.149-1997, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026

Starting a business in Indiana? Indiana LLC guide: costs and requirements