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Topics:
Overview

The Nuremberg Code,
Applied to Mental Health Practices

Informed Consent in
Mental Health Practices Act

State Act
Indiana SB309 (RTF)

The Truth and Responsibility in Mental Health Practices Act Introduction
Barden Letter
State Act (text)
FAQ
Board
Contact Info

SENATE ENROLLED ACT No. 309
________________

AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1.IC 16-36-1.5-2, AS ADDED BY P.L.145-1996, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 2. As used in this chapter, "mental health provider" means any of the following:

(1) A registered nurse or licensed practical nurse under IC 25-23.
(2) A clinical social worker certified under IC 25-23.6-5.
(3) A marriage and family therapist certified 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) A drug and alcohol abuse counselor.
(7) An individual who claims to be a mental health provider.

    SECTION 2. IC 16-36-1.5-4, AS ADDED BY P.L. 145-1996, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4. (a) Before providing mental health services, a mental health provider must obtain written consent from each patient.

(b) The consent required under subsection (a) must include a statement that the patient is consenting only to those mental health services that the mental health provider is qualified to provide within:

(1) the scope of the providerís license, certification, and training ; or
(2) the scope of the license, certification, and training of those mental health providers directly supervising the services received by the patient.

However, this subsection does not apply to employees in a health facility (as defined under IC 12-7-2-38, IC 12-25, or IC 16-18-1) when the performance of mental health services is delegated or ordered by a licensed health practitioner and the services performed are within the practitionerís scope of practice.
    SECTION 3. IC 16-36-1.5-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO BE READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: 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 27-12-12.
    SECTION 4. IC 16-36-1.5-5, AS ADDED BY P.L. 145-1996, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 5. A patient who:

(1) receives mental health services; and
(2) is mentally incompetent;

shall provide consent for mental health treatment through the informed consent of one (1) of the following:

(1) the patientís legal guardian or court appointed representative.
(2) the patientís health care representative under IC 16-36-1.
(3) an attorney in fact for health care appointed under IC 30-5-5-16.

    SECTION 5. IC 16-36-1.5-6, AS ADDED BY P.L. 145-1996, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: 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 12-7-2-151).
(2) A hospital (as defined in IC 16-18-2-179(b)).  or
(3) A community mental health center (as defined in IC 12-7-2-38).

    SECTION 6. IC 16-36-1.5-10 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 10. A mental health provider shall inform each patient of the mental health provider about:

(1) the mental health care providerís training and credentials;
(2) the reasonably foreseeable risks and relative benefits of proposed treatments and alternative treatments; and
(3) the patientís right to withdraw consent for treatment at any time.

    SECTION 7. IC 25-1-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 4. (a) A practitioner shall conduct the practitionerís practice in accordance with the standards established by the board regulating the profession in question and is subject to the exercise of the disciplinary sanctions under section 9 of this chapter if , after a hearing, the board finds:

(1) a practitioner has:

(A) engaged in or knowingly cooperated in fraud or material deception in order to obtain a license to practice;
(B) engaged in fraud or material deception in the course of professional services or activities; or
(C) advertised services in a false or misleading manner;

(2) a practitioner has been convicted of a crime that has a direct bearing on the practitionerís ability to continue to practice competently;
(3) a practitioner has knowingly violated any state statute or rule, or federal statute or regulation, regulating the profession in question;
(4) a practitioner has continued to practice although the practitioner has become unfit to practice due to:

(A) professional incompetence that:

(i) includes the undertaking of professional activities that the practitioner is not qualified by training or experience to undertake; and
(ii) does not include activities performed under IC 16-21-2-9;

(B) failure to keep abreast of current professional theory or practice;
(C) physical or mental disability; or
(D) addiction to, abuse of, or severe dependency upon alcohol or other drugs that endanger the public by impairing a practitionerís ability to practice safely;

(5) a practitioner has engaged in a course of lewd or immoral conduct in connection with the delivery of services to the public;
(6) a practitioner has allowed the practitionerís name or a license issued under this chapter to be used in connection with an individual who renders services beyond the scope of that individualís training, experience, or competence;
(7) a practitioner has had disciplinary action taken against the practitioner or the practitionerís license to practice in any other state or jurisdiction on grounds similar to those under this chapter;
(8) a practitioner has diverted:

(A) a legend drug (as defined in IC 16-18-2-199); or
(B) any other drug or device issued under a drug order (as defined in IC 16-42-19-3) for another person; or

(9) a practitioner, except as otherwise provided by law, has knowingly prescribed, sold, or administered any drug classified as a narcotic, addicting, or dangerous drug, to a habitué or addict.

(b) A certified copy of the record of disciplinary action is conclusive evidence of the other jurisdictionís disciplinary action under subsection (a)(7).

    SECTION 8. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 1997]: IC 16-36-1.5-8; IC 16-36-1.5-9.
 

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