Sec. 9.5. The following individuals may not provide health care consent under section 5(a) of this chapter:

(1) A spouse who:

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Terms Used In Indiana Code 16-36-1-9.5

  • 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
(A) is legally separated; or

(B) has a petition for dissolution, legal separation, or annulment of marriage that is pending in a court;

from the individual who is incapable of providing consent.

(2) An individual who is subject to a protective order or other court order that directs that individual to avoid contact with the individual who is incapable of providing consent.

(3) An individual who is subject to a pending criminal charge in which the individual who is incapable of providing consent was the alleged victim.

As added by P.L.67-2018, SEC.5.