IC 16-36-3-5: Second medical opinion

Sec. 5. If the superintendent and the patient's treating physician determine that:

(1) the patient is incompetent to give informed consent to medical or surgical treatment, even though the patient has never been so adjudicated by a court; and

(2) the treatment is medically necessary;

the superintendent shall obtain a second opinion on the issues listed in subdivisions (1) and (2) from a licensed physician independent of the appropriate facility.