(a) A health care provider acting or declining to act in reliance on the consent or refusal of consent of a representative who the provider believes in good faith is authorized to consent to health care is not subject to:(1) criminal prosecution;(2) civil liability; or(3) professional disciplinary action;on the ground that the representative who consented or refused to consent lacked authority or capacity.(b) A health care provider who believes in good faith that a representative is incapable of consenting is not subject to:(1) criminal prosecution;(2) civil liability; or(3) professional disciplinary action;for failing to follow the representative's direction.(c) A person who in good faith believes the representative is authorized to consent or refuse to consent to health care for another under this chapter or another statute is not subject to:(1) criminal prosecution; or(2) civil liability if the person exercises due care;on the ground that the representative lacked authority to consent.[Pre-1993 Recodification Citation: 16-8-12-9.]As added by P.L.2-1993, SEC.19. Amended by P.L.81-2015, SEC.10.
Indiana Legal Code