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

1. (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. (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.

   [Pre-1993 Recodification Citation: 16-8-3-3(b).]

As added by P.L.2-1993, SEC.19.