reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-13. Petition for Relief; Court Authority

Sec. 13. (a) A health care provider, a health care facility, or an interested person that believes that following the medical orders set forth in the POST form will result in care or treatment, or the withholding of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in the declarant's best interest;
may seek relief under IC 16-36-1-8 by petitioning the probate court in the county where the declarant is located.
(b) If, in a proceeding sought under subsection (a), a probate court determines that following the medical orders in the declarant's POST form will result in care or treatment, or the withholding or withdrawal of care or treatment, that:
(1) is inconsistent with the declarant's known preferences; or
(2) in the absence of the declarant's known preferences, is not in the declarant's best interest;
the probate court may order any of the relief available under IC 16-36-1-8.
As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.14.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-14. Post Form Not Effective During Pregnancy

Sec. 14. A declarant's executed POST form has no effect during the declarant's pregnancy if the declarant is known to be pregnant.
As added by P.L.164-2013, SEC.8.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-16. Good Faith and Medical Standards; Immunity From Civil and Criminal Liability; Presumption of Compliance

Sec. 16. (a) A:
(1) health care provider;
(2) health care facility; or
(3) health entity;
or an employee under the direction of a person described in subdivisions (1) through (3) that acts in good faith and in accordance with reasonable medical standards to carry out the orders on a POST form, including a medical order for the withholding or withdrawal of life prolonging procedures, is not subject to criminal or civil liability and may not be found to have committed an act of unprofessional conduct.
(b) A health care provider may presume in the absence of actual notice or evidence to the contrary that a POST form executed in compliance with this chapter is valid and enforceable.
As added by P.L.164-2013, SEC.8.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-17. No Modification or Alteration of Practice of Medicine or Nursing; Prohibition on Medically Inappropriate Treatment

Sec. 17. (a) This chapter may not be construed to modify or alter any applicable laws, ethics, standards, or protocols for the practice of medicine or nursing, including section 19 of this chapter concerning euthanasia.
(b) A POST form may not be construed to compel or authorize a health care provider or health care facility to administer medical treatment that is medically inappropriate or prohibited by state or federal law.
As added by P.L.164-2013, SEC.8.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-18. Death Not Considered Suicide; Prohibition on Compelling Completion of Post Form; Legal Rights Not Superseded; Post Form Voluntary

Sec. 18. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with a declarant's POST form does not constitute a suicide.
(b) A person may not require an individual to complete a POST form as a condition of receiving health care services.
(c) This chapter does not impair or supersede any legal right or legal responsibility that an individual may have to effect the provision, withholding, or withdrawing of care or treatment, including the withholding or withdrawal of life prolonging procedures, in a lawful manner.
(d) Use of a POST form is voluntary. If an individual refuses to complete a POST form, a person described in section 16(a) of this chapter shall document the refusal in the individual's medical records and may not ask the individual again to complete a POST form unless:
(1) required to do so by:
(A) state or federal law or regulation; or
(B) national accrediting entity standards; or
(2) a significant change in condition that is documented in the individual's medical record has occurred.
As added by P.L.164-2013, SEC.8.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-19. No Authorization of Euthanasia

Sec. 19. This chapter does not authorize euthanasia or any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
As added by P.L.164-2013, SEC.8.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-20. Execution or Revocation of Post Form Does Not Affect Other Legal Documents or Authority

Sec. 20. The execution or revocation of a POST form by or for a qualified person does not revoke or impair the validity of any of the following:
(1) A power of attorney that is executed by a qualified person when the qualified person is competent.
(2) Health care powers that are granted to an attorney in fact under IC 30-5-5-16 or IC 30-5-5-17.
(3) An appointment of a health care representative that is executed by a qualified person, except to the extent that the POST form contains a superseding appointment of a new health care representative under section 9(b)(7) of this chapter.
(4) The authority of a health care representative under IC 16-36-1-7 or IC 16-36-7 to consent to health care on behalf of the qualified person.
(5) The authority of an attorney in fact holding health care powers under IC 30-5-5-16 or IC 30-5-5-17 to issue and enforce instructions under IC 30-5-7 concerning the qualified person's health care.
As added by P.L.164-2013, SEC.8. Amended by P.L.2-2014, SEC.78; P.L.50-2021, SEC.62.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-21. Other State's Post Form; Web Site List

Sec. 21. (a) A physician order for scope of treatment document that was executed by a qualified person in another state may be honored if the following conditions are met:
(1) The physician order for scope of treatment document is on a form prepared by a state agency and was executed according to the laws and rules of that state.
(2) A:
(A) licensed physician, advanced practice registered nurse, or physician assistant; and
(B) qualified person or representative;
have signed and dated the physician order for scope of treatment document.
(3) The physician order for scope of treatment document is in English.
(b) The state department shall maintain on the state department's Internet web site a list of, or a web site link to, each state that may honor a POST form.
As added by P.L.67-2018, SEC.17. Amended by P.L.10-2019, SEC.79.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-1. General Provisions

Sec. 1. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with:
(1) a declarant's advance directive; or
(2) any provision of this chapter;
does not constitute a suicide.
(b) This chapter does not authorize euthanasia or any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.
(c) This chapter does not establish the only legal means that an individual may use to:
(1) communicate or confirm the individual's desires or preferences to receive or refuse life prolonging treatment or other health care; or
(2) give one (1) or more other persons authority to consent to health care or make health care decisions on the individual's behalf.
(d) This chapter does not affect the consent provisions set forth in:
(1) IC 16-34; or
(2) IC 16-36-1-3.5.
(e) This chapter does not modify any requirements or procedures under IC 33-42 concerning the performance of valid notarial acts.
(f) Nothing in this chapter prohibits a health care provider from relying on a document that:
(1) is signed by an adult who has not been determined to be incapacitated; and
(2) in the context of the relevant circumstances, clearly communicates the individual's intention to give one (1) or more specified persons authority to consent to health care or make health care decisions on the individual's behalf.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-2. "Advance Directive"

Sec. 2. As used in this chapter, "advance directive" means a written declaration of a declarant who:
(1) gives instructions or expresses preferences or desires concerning any aspect of the declarant's health care or health information, including the designation of a health care representative, a living will declaration made under IC 16-36-4-10, or an anatomical gift made under IC 29-2-16.1; and
(2) complies with the requirements of this chapter.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-3. "Best Interests"

Sec. 3. As used in this chapter, "best interests" means the promotion of the individual's welfare, based on consideration of material factors, including relief of suffering, preservation or restoration of function, and quality of life.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-5. "Declaration"

Sec. 5. As used in this chapter, "declaration" means a written document, voluntarily executed by a declarant for the declarant under section 28 of this chapter.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-9. "Health Care"

Sec. 9. As used in this chapter, "health care" means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-10. "Health Care Decision"

Sec. 10. As used in this chapter, "health care decision" means the following:
(1) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life prolonging procedures and mental health treatment, unless otherwise stated in the advance directive.
(2) The decision to apply for private, public, government, or veterans' benefits to defray the cost of health care.
(3) The right of access to health information of the declarant reasonably necessary for a health care representative or proxy to make decisions involving health care and to apply for benefits.
(4) The decision to make an anatomical gift under IC 29-2-16.1.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-11. "Health Care Facility"

Sec. 11. As used in this chapter, "health care facility" includes the following:
(1) An ambulatory outpatient surgical center licensed under IC 16-21-2.
(2) A health facility licensed under IC 16-28-2 or IC 16-28-3.
(3) A home health agency licensed under IC 16-27-1.
(4) A hospice program licensed under IC 16-25-3.
(5) A hospital licensed under IC 16-21-2.
(6) A health maintenance organization (as defined in IC 27-13-1-19).
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-12. "Health Care Provider"

Sec. 12. As used in this chapter, "health care provider" means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-13. "Health Care Representative"

Sec. 13. As used in this chapter, "health care representative" means a competent adult designated by a declarant in an advance directive to:
(1) make health care decisions; and
(2) receive health information;
regarding the declarant. The term includes a person who receives and holds validly delegated authority from a designated health care representative.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-15. "Incapacity"; "Incapacitated"

Sec. 15. As used in this chapter, "incapacity" and "incapacitated" mean that an individual is unable to comprehend and weigh relevant information and to make and communicate a reasoned health care decision. For the purposes of making an anatomical gift, the terms include an individual who is deceased.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-16. "Informed Consent"

Sec. 16. As used in this chapter, "informed consent" means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedure, and to make a knowing health care decision without coercion or undue influence.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-17. "Notarial Officer"

Sec. 17. As used in this chapter, "notarial officer" means a person who is authorized under IC 33-42-9-7 to perform a notarial act (as defined in IC 33-42-0.5-18). The term includes a notary public.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-18. "Observe"

Sec. 18. (a) As used in this chapter and with respect to interactions between a declarant and a witness, "observe" means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. A person is able to observe another's actions or expressions of intent even if the person uses technology or learned skills to:
(1) assist the person's capabilities of eyesight or hearing, or both; or
(2) compensate for an impairment of the person's capabilities of eyesight or hearing, or both.
(b) As used in this chapter and with respect to interactions between a declarant and a notarial officer, "observe" means that the notarial officer is able to see and hear, in real time, the declarant's actions and expressions of intent either in the declarant's physical presence or through audiovisual communication as defined in IC 33-42-0.5-5.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-20. "Proxy"

Sec. 20. As used in this chapter, "proxy" means a competent adult who:
(1) has not been expressly designated in a declaration to make health care decisions for a particular incapacitated individual; and
(2) is authorized and willing to make health care decisions for the individual under section 42 of this chapter.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-21. "Reasonably Available"

Sec. 21. As used in this chapter, "reasonably available" means a health care representative or proxy for an individual who is:
(1) readily able to be contacted without undue effort; and
(2) willing and able to act in a timely manner considering the urgency of that individual's health care needs or health decisions.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-23. "Signature"

Sec. 23. As used in this chapter, "signature" means the authorized use of the name or mark of a declarant or other person to authenticate an electronic record or other writing. The term includes an electronic signature and an electronic notarial certificate completed by a notarial officer.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-24. "Telephonic Interaction"

Sec. 24. As used in this chapter, "telephonic interaction" means interaction through the use of any technology, now known or later developed, that enables two (2) or more persons to speak to and hear each other in real time, even if one (1) or more persons cannot see each other.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-25. "Treating Physician"

Sec. 25. As used in this chapter, "treating physician" means a licensed physician who is overseeing, directing, or performing health care to an individual at the pertinent time.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-26. "Written"; "Writing"

Sec. 26. As used in this chapter, "written" and "writing" include the use of any method to inscribe information in or on a tangible medium or to store the information in an electronic or other medium that can retrieve, view, and print the information in perceivable form.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-27. Consent for Own Health Care; Minor's Blood Donation; Conflicts; Reliance by Health Care Provider

Sec. 27. (a) Except when an individual has been determined to be incapacitated under section 35 of this chapter, an individual may consent to the individual's own health care if the individual is:
(1) an adult; or
(2) a minor, and:
(A) is emancipated;
(B) is:
(i) at least fourteen (14) years of age;
(ii) not dependent on a parent or guardian for support;
(iii) living apart from the minor's parents or from an individual in loco parentis; and
(iv) managing the minor's own affairs;
(C) is or has been married;
(D) is in the military service of the United States; or
(E) is authorized to consent to health care by another statute.
(b) A person at least seventeen (17) years of age is eligible to donate blood in a voluntary and noncompensatory blood program without obtaining permission from a parent or guardian.
(c) A person who is sixteen (16) years of age is eligible to donate blood in a voluntary and noncompensatory blood program if the person has obtained written permission from the person's parent.
(d) An individual who has, could be expected to have exposure to, or has been exposed to a sexually transmitted infection is competent to give consent for medical or hospital care or treatment, including preventive treatment, of the individual.
(e) If:
(1) an individual:
(A) has a signed advance directive that is in effect; and
(B) has not been determined to be incapacitated under section 35 of this chapter; and
(2) the individual's decisions and the health care representative's decisions present a material conflict;
the health care decisions by that individual take precedence over decisions made by a health care representative designated in that individual's advance directive.
(f) Nothing in this chapter prohibits or restricts a health care provider's right to follow or rely on a health care decision or the designation of a health care representative on a permanent or temporary basis that is:
(1) made by a competent individual described in subsection (a);
(2) communicated orally by the individual to a health care provider in the direct physical presence of the individual; and
(3) reduced to or confirmed in writing by the health care provider on a reasonably contemporaneous basis and made a part of the health care provider's medical records for the individual.
(g) If:
(1) an individual later signs an advance directive under section 28 of this chapter; and
(2) the advance directive conflicts with the recorded earlier oral instructions of the individual with respect to health care decisions or the designation of a health care representative;
the advance directive controls.
As added by P.L.50-2021, SEC.63. Amended by P.L.147-2023, SEC.14.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-30. Resources and Sample Forms

Sec. 30. (a) The state department shall maintain a list of resources on its Internet web site, including sample advance directive forms that are consistent with this chapter.
(b) A declarant is not required to use any official or unofficial form to prepare and sign a valid advance directive.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-31. Copies of Advance Directive

Sec. 31. (a) A complete copy of the signed and witnessed or notarized advance directive must be given to each health care representative who:
(1) is specifically designated by name in the advance directive; and
(2) has authority to make health care decisions that are immediately effective under the explicit terms of the advance directive or under section 34(1) of this chapter.
If the advance directive is signed with electronic signatures, a complete copy that is generated or converted from the original electronic record and that is viewable and printable is valid and may be relied upon as the equivalent to the original.
(b) A declarant who has capacity is responsible for giving a complete copy of the declarant's advance directive to a health care provider. If a declarant has signed an advance directive but lacks the capacity to make health care decisions or provide informed consent, any health care representative designated in the advance directive or any other interested person shall give a complete copy of the declarant's advance directive to a health care provider. Upon receipt of the declarant's advance directive, the health care provider shall put a copy of the advance directive in the declarant's medical records.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-32. Revocation; Amendment or Restatement

Sec. 32. (a) The declarant who signs an advance directive may revoke that advance directive by any of the following:
(1) Signing, in a manner that complies with section 28 of this chapter, another advance directive.
(2) Signing, in a manner that complies with section 28 of this chapter, a document that:
(A) states in writing that the declarant is revoking the previously signed advance directive; and
(B) confirms the declarant's compliance with any explicit additional conditions for valid revocation that are stated in the advance directive.
(3) Orally expressing the declarant's present intention, in the direct physical presence of a health care provider, to:
(A) revoke the entire advance directive;
(B) revoke a designation of one (1) or more health care representatives within the advance directive; or
(C) revoke one (1) or more specific health care decisions or one (1) or more desires or treatment preferences within the advance directive.
However, if a declarant has not been determined to be incapacitated under section 35 of this chapter, the declarant always has the right to orally revoke a health care decision that is included within an advance directive under section 28(a)(2) of this chapter or a statement of desires or treatment preferences that is included within an advance directive under section 28(a)(3) of this chapter, despite any contrary wording in the advance directive.
(b) Until a health care representative or health care provider has actual knowledge of a valid revocation of an advance directive:
(1) actions and health care decisions by a health care representative designated in the advance directive are valid and binding on the declarant; and
(2) health care providers may continue to rely on health care decisions by the health care representative.
(c) A declarant who has signed a valid advance directive may amend or restate that advance directive in a writing that is signed in compliance with section 28 of this chapter and witnessed or acknowledged in compliance with section 28(c), 28(d), or 28(e) of this chapter. The amendment or restatement may take any action that could have been included in the former or original advance directive.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-33. Delegation by Health Care Representative

Sec. 33. (a) Except when the terms of the advance directive explicitly prohibit or restrict delegation, a health care representative who is designated by name in an advance directive may make a written delegation of some or all of the health care representative's authority to one (1) or more other competent adults or other persons, on a temporary or open ended basis as stated in the written delegation document.
(b) A written delegation document under this section must be signed in compliance with section 28 of this chapter and witnessed or acknowledged in compliance with section 28(c), 28(d), or 28(e) of this chapter.
(c) A written delegation of authority that does not state an expiration date continues until it is revoked, in a manner complying with section 32 of this chapter, by the competent declarant or by the health care representative who signed the written delegation.
(d) If the advance directive explicitly states a date or event that triggers termination of the advance directive or termination of the authority of a health care representative who makes a written delegation under this section, the delegated authority terminates upon the triggering event or expiration date.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-35. Incapacity of Declarant

Sec. 35. (a) For purposes of this section, the term "declarant" includes an individual who has not executed an advance directive or who has no unrevoked advance directive in effect.
(b) A declarant is presumed to be capable of making health care decisions for the declarant unless the declarant is determined to be incapacitated. The declarant's desires are controlling while a declarant has decision making capacity. Each physician or health care provider must clearly communicate to a declarant who has decision making capacity the treatment plan and any change to the treatment plan before implementation of the plan or a change to the plan. Incapacity may not be inferred from a person's voluntary or involuntary hospitalization for mental illness or from the person's intellectual disability.
(c) When a declarant is incapacitated, a health care decision made on the declarant's behalf by a health care representative is effective to the same extent as a decision made by the declarant if the declarant were not incapacitated. However, if:
(1) a health care representative makes and communicates a health care decision; and
(2) a health care provider concludes that carrying out that health care decision would be medically inappropriate or clearly contrary to the declarant's best interests;
then the health care provider has the same right to refuse to carry out that decision as if that decision were made and communicated directly by the declarant at a time when the declarant was not incapacitated.
(d) If a declarant's capacity to make health care decisions or provide informed consent is in question, the declarant's treating physician shall evaluate the declarant's capacity and, if the treating physician concludes that the declarant lacks capacity, enter that evaluation in the declarant's medical record.
(e) If the treating physician is unable to reach a conclusion under subsection (d) about whether the declarant lacks capacity, the treating physician and other health care providers shall treat the declarant as still having capacity to make health care decisions and provide informed consent, until a later evaluation occurs under this section after the passage of time or after a change in the declarant's condition.
(f) This chapter does not limit the authority of a probate court under IC 29-3 to make determinations about an individual's incapacity or recovery from a period of incapacity.
(g) A determination made under this section that a declarant lacks capacity to make health care decisions may not be construed as a finding that a declarant lacks capacity for any other purpose.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-36. Authority and Responsibility of Health Care Representative

Sec. 36. (a) Except when a health care representative's authority has been expressly limited by the declarant in an advance directive, the health care representative, in accordance with the declarant's instructions made while competent, has the following authority and responsibilities:
(1) The authority to act for the declarant and to make all health care decisions for the declarant at all times when the health care representative's authority is in effect, subject to the right of the competent declarant to act directly and personally.
(2) The authority and responsibility to be reasonably available to consult with appropriate health care providers to provide informed consent.
(3) The authority and responsibility to act in good faith and make only health care decisions for the declarant that the health care representative believes the declarant would have made under the circumstances if the declarant were capable of making the decisions, taking into account the express or implied intentions of the declarant or if the declarant's express or implied intentions are not known, the declarant's best interests.
(4) The authority and responsibility to provide written consent using an appropriate form when consent is required, including a physician's order not to resuscitate (IC 16-36-5 or IC 16-36-6).
(5) The authority to be provided access to the appropriate health information of the declarant.
(6) The authority to apply for public benefits, including Medicaid and the community and home options to institutional care for the elderly and disabled (CHOICE) program, for the declarant and have access to information regarding the declarant's income, assets, and banking and financial records to the extent required to make application.
(b) The health care representative may authorize the release of health information to appropriate persons to ensure the continuity of the declarant's health care and may authorize the admission, discharge, or transfer of the declarant to or from a health care facility or other health or residential facility or program licensed or registered by a state agency.
(c) If, after a declarant has designated one (1) or more health care representatives in an advance directive, a court appoints a guardian of the declarant's person, the authority of each designated health care representative continues unless the appointing court modifies or revokes the authority of one (1) or more health care representatives after a hearing upon notice under section 34(14) of this chapter. The court may order a health care representative to make appropriate or specified reports to the guardian of the declarant's person or property.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-37. Advance Directive Made Part of Medical Records; Capacity; Compliance With Decisions by Health Care Representative

Sec. 37. (a) A health care provider furnished with a copy of a declarant's advance directive shall make the declarant's advance directive a part of the declarant's medical records. If a change in or termination of the advance directive becomes known to the health care provider, the change or termination must be noted in the declarant's medical records.
(b) If a health care provider believes that an individual may lack the capacity to give informed consent to health care, then, until the individual is determined to have capacity under section 35 of this chapter, the health care provider shall consult with:
(1) a health care representative designated by the declarant; or
(2) if a health care representative has not been designated or if a health care representative is not reasonably available to act, a proxy under section 42 of this chapter;
who has authority and priority to act and who is reasonably available to act.
(c) Subject to the right of a competent declarant to directly make and communicate health care decisions for the declarant and to rescind a health care decision by a health care representative who is designated in an advance directive, the following conditions apply:
(1) A health care provider may continue to administer treatment for the declarant's comfort, care, or the alleviation of pain in addition to treatment made under the decision of the health care representative.
(2) Subject to subdivision (3), a health care provider shall comply with a health care decision made by a health care representative if the decision is communicated to the provider.
(3) If a health care provider is unwilling to comply with a health care decision made by a health care representative, the provider shall do the following:
(A) Notify the health care representative of the health care provider's unwillingness to comply with the decision.
(B) Promptly take all steps necessary to transfer the responsibility for the declarant's health care to another health care provider designated by the health care representative. However, a health care provider who takes steps for a transfer does not have a duty to look for or identify another health care provider who will accept the declarant.
However, if a health care provider is unwilling to comply with a health care decision made by a health care representative, and the declarant's health condition would make transfer of the declarant untenable or unadvisable, this subsection does not prohibit the health care provider from following the health care provider's dispute resolution procedure with the objective of reaching a decision in the best interest of the declarant.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-38. Anatomical Gift, Autopsy, or Remains Disposition

Sec. 38. If a health care representative designated in an advance directive has authority to:
(1) make an anatomical gift on behalf of the declarant;
(2) authorize an autopsy of the declarant's remains; or
(3) direct the disposition of the declarant's remains;
under either the explicit provisions of the advance directive or section 34(5) of this chapter, the anatomical gift, autopsy, or remains disposition is considered the act of the declarant or of the person who has legal authority to make the necessary decisions.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-39. Access to Health Information

Sec. 39. (a) A health care provider shall give a health care representative authorized to receive information under an advance directive the same access as the declarant has to examine and copy the declarant's health information and medical records, including records relating to mental health and other medical conditions held by a physician or other health care provider.
(b) The access to records under this section must be given at the declarant's expense and may be subject to reasonable rules of the provider to prevent disruption of the declarant's health care.
(c) A health care representative may release information obtained under this section to any person authorized to receive the information under IC 16-39.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-40. Immunity for Health Care Provider; Validity of Advance Directive

Sec. 40. (a) A health care provider or other person who acts in good faith reliance on an advance directive or on a health care decision made by a health care representative with apparent authority is immune from liability to the declarant and to the declarant's heirs or other successors in interest to the same extent as if the health care provider or other person had dealt directly with the declarant and if the declarant had been competent and not incapacitated.
(b) A health care provider is not responsible for determining the validity of an advance directive.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-41. Affidavit; Requirements; Immunity

Sec. 41. (a) A health care representative designated in an advance directive or a person who was present during the signing of the advance directive may furnish to a health care provider or other person an affidavit that states, to the best knowledge of the health care representative:
(1) that the document attached to and furnished with the affidavit is a true copy of the named declarant's advance directive that is currently in effect;
(2) that the declarant is alive;
(3) that the advance directive was validly executed;
(4) if the effectiveness of the health care representative's authority to act under the advance directive begins upon the occurrence of a certain event, that the event has occurred and the health care representative has authority to act;
(5) if the health care representative who furnishes the affidavit does not have the highest priority to act under the explicit terms of the advance directive, an explanation that all health care representatives who are identified in the advance directive as having higher priority are not reasonably available to act; and
(6) that the relevant powers granted to the health care representative have not been altered or terminated.
An affidavit signed and furnished under this section may include information based on the affiant's personal knowledge about the manner in which the advance directive was signed under subsection (b) and section 28(c), 28(d), or 28(e) of this chapter. An affidavit under this section must be signed, sworn to, and acknowledged by the affiant in the presence of a notarial officer, unless the affiant swears or affirms to the accuracy of the affidavit's contents under the penalties for perjury.
(b) A health care provider or other person who:
(1) relies on an affidavit described in subsection (a); and
(2) acts in good faith;
is immune from liability that might otherwise arise from the health care provider's or other person's actions in reliance on the advance directive that is the subject of the affidavit.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-43. Individuals Who May Not Serve as Proxy

Sec. 43. The following individuals may not serve as a proxy under section 42 of this chapter:
(1) An individual specifically disqualified in the declarant's advance directive.
(2) A spouse who:
(A) is legally separated from the declarant; or
(B) has a petition for dissolution, legal separation, or annulment of marriage from the declarant that is pending in a court.
(3) An individual who is subject to a protective order or other court order that directs that individual to avoid contact with the declarant.
(4) An individual who is subject to a pending criminal charge in which the declarant was the alleged victim.
As added by P.L.50-2021, SEC.63. Amended by P.L.9-2022, SEC.34.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 7. Health Care Advance Directives › 16-36-7-44. Material Conflict Between Multiple Documents

Sec. 44. If a declarant has become and remains incapacitated and has previously executed a valid advance directive under this chapter and executed:
(1) an appointment of a health care representative executed under IC 16-36-1 before January 1, 2023;
(2) a durable power of attorney granting health care powers and executed under IC 30-5 before January 1, 2023; or
(3) a similar advance directive executed by the declarant under the laws of another state in which the declarant was physically present at the time of signing; and
if a material conflict exists between multiple documents described in this section or if a material conflict exists between the health care decisions that different health care representatives or other authorized agents propose to make under the multiple documents, or if there is a material difference between the documents, then the document signed last by the declarant and the authority of the named representatives or agents in that document controls.
As added by P.L.50-2021, SEC.63.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-1. Administration; Guidelines

Sec. 1. (a) The state department shall provide a system of vital statistics for Indiana to be administered by a division of the state department.
(b) The state department shall provide to the local vital records offices guidelines concerning the interpretation of laws and the state department's rules concerning vital statistics to assure uniform application of the state laws and rules.
[Pre-1993 Recodification Citation: 16-1-15-1.]
As added by P.L.2-1993, SEC.20. Amended by P.L.138-2019, SEC.3.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-2. State Registrar; Duties

Sec. 2. The employee in charge of the division of the state department administering the system of vital statistics shall be known as the state registrar and shall do the following:
(1) Keep the files and records pertaining to vital statistics.
(2) Perform the duties prescribed by the state department.
(3) Perform the duties required under IC 10-13-5-11.
(4) Administer the putative father registry established by IC 31-19-5-2.
(5) Maintain records of paternity determinations as provided by IC 31-14-9.
[Pre-1993 Recodification Citation: 16-1-15-4.]
As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.1; P.L.1-1997, SEC.90; P.L.2-2003, SEC.54.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-3. State Department Duties; Rules

Sec. 3. The state department shall do the following:
(1) Prescribe the information to be contained in each kind of application, certificate, report, or permit required by this article.
(2) Adopt rules under IC 4-22-2 for the following:
(A) Collecting, transcribing, compiling, and preserving vital statistics.
(B) The form, execution, filing, and recording of paternity affidavits executed under IC 16-37-2-2.1.
[Pre-1993 Recodification Citation: 16-1-15-5.]
As added by P.L.2-1993, SEC.20. Amended by P.L.46-1995, SEC.60; P.L.133-1995, SEC.11.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-4. Registration Districts

Sec. 4. Each local health jurisdiction is a registration district for vital statistics and the local health officer shall be the local registrar.
[Pre-1993 Recodification Citation: 16-1-15-3.]
As added by P.L.2-1993, SEC.20.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-5. Monthly Report of Local Health Officer

Sec. 5. (a) The local health officer, on the fourth day of each month, shall report to the state department concerning the births, deaths, and stillbirths that occurred within the local health officer's jurisdiction within the preceding month. However, after December 31, 2010, the local health officer, beginning five (5) days after electronically receiving the form required for the Indiana birth registration system or the Indiana death registration system, shall use the Indiana birth registration system and the Indiana death registration system established under section 3.1 of this chapter to report the births and deaths that occur in the local health officer's jurisdiction, and shall report each birth or death to the state department not later than five (5) days after being informed of the birth or death.
(b) If there are no births, deaths, or stillbirths to report, the local health officer shall indicate that information each month in a format prescribed by the state department.
[Pre-1993 Recodification Citation: 16-1-18-1.]
As added by P.L.2-1993, SEC.20. Amended by P.L.148-1996, SEC.1; P.L.61-2009, SEC.6.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-6. Contents of Monthly Report

Sec. 6. The report of the local health officer must contain the following:
(1) The original copy of each certificate of birth, death, or stillbirth.
(2) A certification that no other births, deaths, or stillbirths occurred within the jurisdiction to the best of the health officer's knowledge and belief.
(3) A copy of each paternity affidavit filed with the health officer under IC 16-37-2-2.1.
(4) Any other information required by the state department.
[Pre-1993 Recodification Citation: 16-1-18-2.]
As added by P.L.2-1993, SEC.20. Amended by P.L.101-1994, SEC.1; P.L.46-1995, SEC.61; P.L.133-1995, SEC.12.
2023 Indiana Code › Title 16. Health › Article 37. Vital Statistics › Chapter 1. General Provisions › 16-37-1-7. Birth Certificate Requests; Permanent Records

Sec. 7. (a) Both the state registrar and the local health officer shall maintain a permanent record, accompanying the birth records, that contains for each request for a certified copy of a birth certificate the following:
(1) The date of the request.
(2) The name and address of the person making the request.
(b) The permanent record for each request required under this section may be maintained in the Indiana birth registration system (IBRS).
[Pre-1993 Recodification Citations: 16-1-16-18(a) part; 16-1-19-3(a) part.]
As added by P.L.2-1993, SEC.20. Amended by P.L.87-1994, SEC.9; P.L.138-2019, SEC.5.