Indiana Declaration for Mental Health Treatment Law
Power of Attorney and Health Care – General – Indiana
ALL REFERENCES ARE TO THE INDIANA CODE
DECLARATION FOR MENTAL HEALTH TREATMENT
(16-36-1.5-1 through 16-36-1.5-10)
A “mental health provider” is any of the following:
A registered nurse or licensed practical nurse licensed under IC 25-23.
A clinical social worker licensed under IC 25-23.6-5.
A marriage and family therapist licensed under IC 25-23.6-8.
A psychologist licensed under IC 25-33.
A school psychologist licensed by the Indiana state board of education.
An individual who claims to be a mental health provider.
A “patient” is a person who is the recipient of mental health services.
Before providing mental health services, a mental health provider or a licensed physician must obtain consent from the patient.
A patient who receives mental health services and is mentally incompetent must provide consent for mental health treatment through the informed consent of one of the following:
The patient’s legal guardian or other court appointed representative.
The patient’s health care representative under IC 16-36-1.
An attorney in fact for health care appointed under IC 30-5-5-16.
If a patient’s written consent is signed by the patient or the patient’s authorized representative, witnessed by an individual who is at least eighteen years of age, and explained, orally or in the written consent, to the patient or the patient’s authorized representative before a treatment, procedure, examination, or test, then a rebuttable presumption is created that the consent is an informed consent.
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