Bill Text: IN HB1185 | 2010 | Regular Session | Introduced
Bill Title: Health care consent.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Public Policy [HB1185 Detail]
Download: Indiana-2010-HB1185-Introduced.html
Citations Affected: IC 16-36-1-5.
Synopsis: Health care consent. Provides that an adult who shares an
emotional, physical, and financial relationship with a patient similar to
that of a spouse may consent to health care for an individual incapable
of consenting if a health care representative has not been appointed.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
(1) by a judicially appointed guardian of the person or a representative appointed under section 8 of this chapter; or
(2) in descending order of priority, by a spouse, an adult who shares an emotional, physical, and financial relationship with the patient similar to that of a spouse, a parent, an adult child, or an adult sibling, unless disqualified under section 9 of this chapter, if:
(A) there is no guardian or other representative described in subdivision (1);
(B) the guardian or other representative is not reasonably
available or declines to act; or
(C) the existence of the guardian or other representative is
unknown to the health care provider; or
(3) by the individual's religious superior, if the individual is a
member of a religious order and:
(A) there is no guardian or other representative described in
subdivision (1);
(B) the guardian or other representative is not reasonably
available or declines to act; or
(C) the existence of the guardian or other representative is
unknown to the health care provider.
(b) Consent to health care for a minor not authorized to consent
under section 3 of this chapter may be given by any of the following:
(1) A judicially appointed guardian of the person or a
representative appointed under section 8 of this chapter.
(2) A parent or an individual in loco parentis if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) the guardian or other representative is not reasonably
available or declines to act; or
(C) the existence of the guardian or other representative is
unknown to the health care provider.
(3) An adult sibling of the minor if:
(A) there is no guardian or other representative described in
subdivision (1);
(B) a parent or an individual in loco parentis is not reasonably
available or declines to act; or
(C) the existence of the parent or individual in loco parentis is
unknown to the health care provider.
(c) An individual delegated authority to consent under section 6 of
this chapter has the same authority and responsibility as the individual
delegating the authority.
(d) An individual authorized to consent for another under this
section shall act in good faith and in the best interest of the individual
incapable of consenting.
