reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-8. Life Prolonging Procedures Will Declarations; Living Will Declarations

Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a life prolonging procedures will declaration under section 11 of this chapter or a living will declaration under section 10 of this chapter.
(b) A declaration under section 10 or 11 of this chapter must meet the following conditions:
(1) Be voluntary.
(2) Be in writing.
(3) Be signed by the person making the declaration or by another person in the declarant's presence and at the declarant's express direction.
(4) Be dated.
(5) Be signed in the presence of at least two (2) competent witnesses who are at least eighteen (18) years of age or a notary public.
(c) A witness to a living will declaration under subsection (b)(5) may not meet any of the following conditions:
(1) Be the person who signed the declaration on behalf of and at the direction of the declarant.
(2) Be a parent, spouse, or child of the declarant.
(3) Be entitled to any part of the declarant's estate whether the declarant dies testate or intestate, including whether the witness could take from the declarant's estate if the declarant's will is declared invalid.
(4) Be directly financially responsible for the declarant's medical care.
For the purposes of subdivision (3), a person is not considered to be entitled to any part of the declarant's estate solely by virtue of being nominated as a personal representative or as the attorney for the estate in the declarant's will.
(d) The living will declaration of a person diagnosed as pregnant by the attending physician has no effect during the person's pregnancy.
(e) The life prolonging procedures will declarant or the living will declarant shall notify the declarant's attending physician of the existence of the declaration. An attending physician who is notified shall make the declaration or a copy of the declaration a part of the declarant's medical records.
(f) A living will declaration under section 10 of this chapter:
(1) does not require the physician to use, withhold, or withdraw life prolonging procedures but is presumptive evidence of the patient's desires concerning the use, withholding, or withdrawal of life prolonging procedures under this chapter; and
(2) shall be given great weight by the physician in determining the intent of the patient who is mentally incompetent.
(g) A life prolonging procedures will declaration under section 11 of this chapter does require the physician to use life prolonging procedures as requested.
[Pre-1993 Recodification Citation: 16-8-11-11.]
As added by P.L.2-1993, SEC.19. Amended by P.L.38-2023, SEC.1.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-9. Forms of Declaration; Requisites

Sec. 9. A declaration must be substantially in the form set forth in either section 10 or 11 of this chapter, but the declaration may include additional, specific directions. The invalidity of any additional, specific directions does not affect the validity of the declaration.
[Pre-1993 Recodification Citation: 16-8-11-12(a).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-10. Form of Living Will Declaration

Sec. 10. The following is the living will declaration form:
LIVING WILL DECLARATION
Declaration made this _____ day of _______ (month, year). I, _________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below, and I declare:
If at any time my attending physician certifies in writing that: (1) I have an incurable injury, disease, or illness; (2) my death will occur within a short time; and (3) the use of life prolonging procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the performance or provision of any medical procedure or medication necessary to provide me with comfort care or to alleviate pain, and, if I have so indicated below, the provision of artificially supplied nutrition and hydration. (Indicate your choice by initialing or making your mark before signing this declaration):
__________ I wish to receive artificially supplied nutrition and hydration, even if the effort to sustain life is futile or excessively burdensome to me.
__________ I do not wish to receive artificially supplied nutrition and hydration, if the effort to sustain life is futile or excessively burdensome to me.
__________ I intentionally make no decision concerning artificially supplied nutrition and hydration, leaving the decision to my health care representative appointed under IC 16-36-1-7 or my attorney in fact with health care powers appointed under IC 30-5-5-16.
In the absence of my ability to give directions regarding the use of life prolonging procedures, it is my intention that this declaration be honored by my family and physician as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences of the refusal.
I understand the full import of this declaration.
Signed _________________________
_______________________________
City, County, and State of Residence
The declarant has been personally known to me, and I believe (him/her) to be of sound mind. I did not sign the declarant's signature above for or at the direction of the declarant. I am not a parent, spouse, or child of the declarant. I am not entitled to any part of the declarant's estate or directly financially responsible for the declarant's medical care. I am competent and at least eighteen (18) years of age.
Witness _______________ Date __________
Witness _______________ Date __________
[Pre-1993 Recodification Citation: 16-8-11-12(b).]
As added by P.L.2-1993, SEC.19. Amended by P.L.99-1994, SEC.2; P.L.50-2021, SEC.40.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-11. Form of Life Prolonging Procedures Will Declaration

Sec. 11. The following is the life prolonging procedures will declaration form:
LIFE PROLONGING PROCEDURES DECLARATION
Declaration made this ______ day of ______ (month, year). I, ____________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my desire that if at any time I have an incurable injury, disease, or illness determined to be a terminal condition I request the use of life prolonging procedures that would extend my life. This includes appropriate nutrition and hydration, the administration of medication, and the performance of all other medical procedures necessary to extend my life, to provide comfort care, or to alleviate pain.
In the absence of my ability to give directions regarding the use of life prolonging procedures, it is my intention that this declaration be honored by my family and physician as the final expression of my legal right to request medical or surgical treatment and accept the consequences of the request.
I understand the full import of this declaration.
Signed ___________________
_______________________
City, County, and State of Residence
The declarant has been personally known to me, and I believe (him/her) to be of sound mind. I am competent and at least eighteen (18) years of age.
Witness ______________ Date ________
Witness ______________ Date ________
[Pre-1993 Recodification Citation: 16-8-11-12(c).]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-12. Revocation of Living Will Declaration or Life Prolonging Procedures Will Declaration

Sec. 12. (a) A living will declaration or a life prolonging procedures will declaration may be revoked at any time by the declarant by any of the following:
(1) A signed, dated writing.
(2) Physical cancellation or destruction of the declaration by the declarant or another in the declarant's presence and at the declarant's direction.
(3) An oral expression of intent to revoke.
(b) A revocation is effective when communicated to the attending physician.
(c) No civil or criminal liability is imposed upon a person for failure to act upon a revocation unless the person had actual knowledge of the revocation.
(d) The revocation of a life prolonging procedures will declaration is not evidence that the declarant desires to have life prolonging procedures withheld or withdrawn.
[Pre-1993 Recodification Citation: 16-8-11-13.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-14. Presumptions

Sec. 14. If the qualified patient who executed a living will declaration is incompetent at the time of the decision to withhold or withdraw life prolonging procedures, a living will declaration executed in accordance with this chapter is presumed to be valid. For purposes of this chapter, a health care provider may presume in the absence of actual notice to the contrary that the declarant was of sound mind when the living will declaration was executed. The fact that the declarant executed a declaration may not be considered as an indication of a declarant's mental incompetency.
[Pre-1993 Recodification Citation: 16-8-11-15.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-15. Cancellation or Destruction of Declaration; Falsification or Forgery of Revocation of Another's Declaration; Offense

Sec. 15. A person who knowingly or intentionally:
(1) physically cancels or destroys a living will declaration or a life prolonging procedures will declaration without the declarant's consent; or
(2) falsifies or forges a revocation of another person's living will declaration or life prolonging procedures will declaration;
commits a Level 6 felony.
[Pre-1993 Recodification Citation: 16-8-11-16.]
As added by P.L.2-1993, SEC.19. Amended by P.L.158-2013, SEC.236.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-16. Falsification or Forgery of Declaration; Concealment or Withholding of Revocation of Declaration; Offense

Sec. 16. A person who knowingly or intentionally:
(1) falsifies or forges the living will declaration of another person with intent to cause withholding or withdrawal of life prolonging procedures; or
(2) conceals or withholds personal knowledge of the revocation of a living will declaration with intent to cause a withholding or withdrawal of life prolonging procedures;
commits a Level 5 felony.
[Pre-1993 Recodification Citation: 16-8-11-17.]
As added by P.L.2-1993, SEC.19. Amended by P.L.158-2013, SEC.237.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-17. Effect of Living Will or Life Prolonging Procedures Will Declaration; Suicide; Life Insurance

Sec. 17. (a) A death caused by the withholding or withdrawal of life prolonging procedures in accordance with this chapter does not constitute a suicide.
(b) The execution of a living will declaration or a life prolonging procedures will declaration under this chapter does not:
(1) affect the sale or issuance of any life insurance policy; or
(2) modify the terms of a policy in force when the declaration is executed.
(c) A policy of life insurance is not legally impaired or invalidated by the withholding or withdrawal of life prolonging procedures from an insured qualified patient, notwithstanding any term of the policy to the contrary.
(d) A person may not require another person to execute a living will declaration or a life prolonging procedures will declaration as a condition for being insured for or receiving health care services.
(e) This chapter does not impair or supersede any legal right or legal responsibility that any person may have to effect the withholding or withdrawal of life prolonging procedures in any lawful manner.
(f) A person who has been found:
(1) guilty; or
(2) guilty but mentally ill;
of an offense described in section 16 of this chapter is subject to IC 29-1-2-12.1.
[Pre-1993 Recodification Citation: 16-8-11-18.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-18. Presumption of Intent to Consent to Withholding or Withdrawal of Life Prolonging Procedures

Sec. 18. This chapter creates no presumption concerning the intention of a person who has not executed a living will declaration to consent to the withholding or withdrawal of life prolonging procedures if a terminal condition exists.
[Pre-1993 Recodification Citation: 16-8-11-19.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-19. Euthanasia Distinguished

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, including the withholding or withdrawing of life prolonging procedures under this chapter.
[Pre-1993 Recodification Citation: 16-8-11-20.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-20. Intervening Forces; Proximate Causation

Sec. 20. The act of withholding or withdrawing life prolonging procedures, when done under:
(1) a living will declaration made under this chapter;
(2) a court order or decision of a court appointed guardian; or
(3) a good faith medical decision by the attending physician that the patient has a terminal condition;
is not an intervening force and does not affect the chain of proximate cause between the conduct of any person that placed the patient in a terminal condition and the patient's death.
[Pre-1993 Recodification Citation: 16-8-11-21.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 4. Living Wills and Life Prolonging Procedures › 16-36-4-21. Chapter Violations by Physician; Discipline

Sec. 21. A physician who knowingly violates this chapter is subject to disciplinary sanctions under IC 25-1-9 as if the physician had knowingly violated a rule adopted by the medical licensing board under IC 25-22.5-2-7.
[Pre-1993 Recodification Citation: 16-8-11-22.]
As added by P.L.2-1993, SEC.19.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-1.1. "Attending"

Sec. 1.1. As used in this chapter, "attending" means the physician, advanced practice registered nurse, or physician assistant who has the primary responsibility for the treatment and care of the patient.
As added by P.L.50-2021, SEC.41.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-2. "Competent Witness"

Sec. 2. As used in this chapter, "competent witness" means a person at least eighteen (18) years of age who is not:
(1) the person who signed an out of hospital DNR declaration on behalf of and at the direction of the declarant;
(2) a parent, spouse, or child of the declarant;
(3) entitled to any part of the declarant's estate; or
(4) directly financially responsible for the declarant's medical care.
For purposes of subdivision (3), a person is not considered to be entitled to any part of the declarant's estate solely by virtue of being nominated as a personal representative or as the attorney for the estate in the declarant's will.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-3. "Declarant"

Sec. 3. As used in this chapter, "declarant" means a person:
(1) who has executed an out of hospital DNR declaration under section 11(a) of this chapter;
(2) for whom a representative has executed an out of hospital DNR declaration under section 11(b) of this chapter; or
(3) for whom a proxy has executed an out of hospital DNR declaration under section 11(c) of this chapter;
and for whom an out of hospital DNR order has been written under section 12 of this chapter.
As added by P.L.148-1999, SEC.12. Amended by P.L.86-2023, SEC.1.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-4.2. "Incapacitated"

Sec. 4.2. As used in this chapter and with respect to a declarant, "incapacitated" has the meaning set forth in IC 16-36-7-15.
As added by P.L.86-2023, SEC.2.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-4.3. "In the Presence Of"

Sec. 4.3. As used in this chapter, and with respect to a declarant, witness, or other person who signs or participates in the signing of an out of hospital DNR declaration under this chapter, "in the presence of" has the meaning set forth in section 7.7 of this chapter.
As added by P.L.50-2021, SEC.42.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-4.5. "Observe"

Sec. 4.5. As used in this chapter, and with respect to a declarant and witness, "observe" means to perceive another's actions or expression of intent through the senses of eyesight, hearing, or both. The term includes perceptions perceived through the use of technology or learned skills to:
(1) assist a person's capability for eyesight, hearing, or both; or
(2) compensate for an impairment of a person's capability for eyesight, hearing, or both.
As added by P.L.50-2021, SEC.43.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-5. "Out of Hospital"

Sec. 5. As used in this chapter, "out of hospital" refers to a location other than an acute care hospital licensed under IC 16-21-2.
As added by P.L.148-1999, SEC.12. Amended by P.L.24-2011, SEC.1.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-6. "Out of Hospital Dnr Declaration and Order"

Sec. 6. As used in this chapter, "out of hospital DNR declaration and order" means a document executed under sections 11 and 12 of this chapter.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-7. "Out of Hospital Dnr Identification Device"

Sec. 7. As used in this chapter, "out of hospital DNR identification device" means a device developed by the emergency medical services commission under section 17 of this chapter.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-7.7. "Presence"

Sec. 7.7. As used in this chapter, and with respect to a declarant, witness, or other person who signs or participates in the signing of an out of hospital DNR declaration under this chapter, "presence" means a process of signing and witnessing a DNR declaration in which:
(1) the declarant and witness are:
(A) directly present with each other in the same physical space;
(B) able to interact with each other in real time through use of any audiovisual communications technology now known or later developed; or
(C) able to speak to and hear each other in real time through telephonic interaction;
(2) the:
(A) identity of the declarant is personally known to all witnesses;
(B) witnesses are able to view a government issued, photographic identification of the declarant; or
(C) witnesses are able to ask any question of the declarant that:
(i) authenticates the identity of the declarant; and
(ii) establishes the capacity and sound mind of the declarant to the satisfaction of the witnesses; and
(3) each witness is able to interact with the declarant and each other when observing or hearing in real time, as applicable:
(A) the declarant's expression of intent to execute an out of hospital DNR declaration under this chapter;
(B) the declarant's actions in executing or directing the execution of the out of hospital DNR declaration under this chapter; and
(C) the actions of the declarant and all other witnesses when signing the out of hospital DNR declaration.
The term includes the use of technology or learned skills for the purpose of assisting with hearing, eyesight, and speech or for the purpose of compensating for a hearing, eyesight, or speech impairment.
As added by P.L.50-2021, SEC.44. Amended by P.L.9-2022, SEC.30; P.L.36-2022, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-7.9. "Present"

Sec. 7.9. As used in this chapter, and with respect to a declarant, witness, or other person who signs or participates in the signing of an out of hospital DNR declaration under this chapter, "present" has the meaning set forth in section 7.7 of this chapter.
As added by P.L.50-2021, SEC.45.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-8. "Qualified Person"

Sec. 8. As used in this chapter, "qualified person" means an individual certified as a qualified person under section 10 of this chapter.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-8.1. "Proxy"

Sec. 8.1. As used in this chapter, "proxy" has the meaning set forth in IC 16-36-7-20.
As added by P.L.86-2023, SEC.3.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-9. "Representative"

Sec. 9. As used in this chapter, "representative" means a person's:
(1) legal guardian or other court appointed representative responsible for making health care decisions for the person;
(2) health care representative appointed under IC 16-36-1-7;
(3) health care representative appointed under IC 16-36-7; or
(4) attorney in fact for health care appointed under IC 30-5-5-16.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.46.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-9.5. "Telephonic Interaction"

Sec. 9.5 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 people to speak to and hear each other in real time even if one (1) or more of the persons cannot see each other.
As added by P.L.50-2021, SEC.47.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-10. Certification as Qualified Person

Sec. 10. An attending physician, advanced practice registered nurse, or physician assistant may certify that a patient is a qualified person if the attending physician, advanced practice registered nurse, or physician assistant determines, in accordance with reasonable medical standards, that one (1) of the following conditions is met:
(1) The person has a terminal condition (as defined in IC 16-36-4-5).
(2) The person has a medical condition such that, if the person were to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful or within a short period the person would experience repeated cardiac or pulmonary failure resulting in death.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.48.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-12. Issuance of Dnr Order

Sec. 12. An out of hospital DNR order:
(1) may be issued only by the declarant's attending physician, advanced practice registered nurse, or physician assistant; and
(2) may be issued only if both of the following apply:
(A) The attending physician, advanced practice registered nurse, or physician assistant has determined the patient is a qualified person.
(B) The patient has executed an out of hospital DNR declaration under section 11 of this chapter.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.50.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-14. Effect of Declaration During Pregnancy

Sec. 14. An out of hospital DNR declaration and order of a declarant known to be pregnant has no effect during the declarant's pregnancy.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-16. Copies of Declaration and Order

Sec. 16. Copies of the out of hospital DNR declaration and order must be kept:
(1) by the declarant's attending physician, advanced practice registered nurse, or physician assistant in the declarant's medical file; and
(2) by the declarant or the declarant's representative.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.53.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-17. Identification Devices

Sec. 17. (a) The emergency medical services commission shall develop an out of hospital DNR identification device that must be:
(1) a necklace or bracelet; and
(2) inscribed with:
(A) the declarant's name;
(B) the declarant's date of birth; and
(C) the words "Do Not Resuscitate".
(b) An out of hospital DNR identification device may be created for a declarant only after an out of hospital DNR declaration and order has been executed by a declarant and an attending physician, advanced practice registered nurse, or physician assistant.
(c) The device developed under subsection (a) is not a substitute for the out of hospital DNR declaration and order.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.54.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-18. Revocation

Sec. 18. (a) A declarant may at any time revoke an out of hospital DNR declaration and order by any of the following:
(1) A signed, dated writing.
(2) Physical cancellation or destruction of the declaration and order by the declarant or another in the declarant's presence and at the declarant's direction.
(3) An oral expression by the declarant of intent to revoke.
(b) A declarant's representative may revoke an out of hospital DNR declaration and order under this chapter only if the declarant is incapacitated or incompetent. If the declarant is incapacitated or incompetent and has no representative who is able and available to act, a proxy for the declarant who has priority to act under IC 16-36-7-42(c) may revoke an out of hospital DNR declaration and order for that declarant, subject to the proxy's responsibilities under IC 16-36-7-42(d).
(c) A revocation is effective upon communication to a health care provider.
(d) A health care provider to whom the revocation of an out of hospital DNR declaration and order is communicated shall immediately notify the declarant's attending physician, advanced practice registered nurse, or physician assistant, if known, of the revocation.
(e) An attending physician, advanced practice registered nurse, or physician assistant notified of the revocation of an out of hospital DNR declaration and order shall immediately:
(1) add the revocation to the declarant's medical file, noting the time, date, and place of revocation, if known, and the time, date, and place that the physician, advanced practice registered nurse, or physician assistant was notified;
(2) cancel the out of hospital DNR declaration and order by entering the word "VOID" on each page of the out of hospital DNR declaration and order in the declarant's medical file; and
(3) notify any health care facility staff responsible for the declarant's care of the revocation.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.55; P.L.86-2023, SEC.6.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-19. Health Care Provider Duties

Sec. 19. (a) A health care provider shall withhold or discontinue CPR to a patient in an out of hospital location if the health care provider has actual knowledge of:
(1) an original or a copy of a signed out of hospital DNR declaration and order executed by the patient; or
(2) an out of hospital DNR identification device worn by the patient or in the patient's possession.
(b) A health care provider shall disregard an out of hospital DNR declaration and order and perform CPR if:
(1) the declarant is conscious and states a desire for resuscitative measures;
(2) the health care provider believes in good faith that the out of hospital DNR declaration and order has been revoked;
(3) the health care provider is ordered by the attending physician, advanced practice registered nurse, or physician assistant to disregard the out of hospital DNR declaration and order; or
(4) the health care provider believes in good faith that the out of hospital DNR declaration and order must be disregarded to avoid verbal or physical confrontation at the scene.
(c) A health care provider transporting a declarant shall document on the transport form:
(1) the presence of an out of hospital DNR declaration and order;
(2) the attending physician's, advanced practice registered nurse's, or physician assistant's name; and
(3) the date the out of hospital DNR declaration and order was signed.
(d) An out of hospital DNR identification device must accompany a declarant whenever the declarant is transported.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.56.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-20. Health Care Provider Liability

Sec. 20. A health care provider who in good faith and in accordance with reasonable medical standards:
(1) participates in the withholding or withdrawal of CPR from a declarant:
(A) by whom an out of hospital DNR declaration and order has been executed under this chapter; or
(B) who has revoked an out of hospital DNR declaration and order when the health care provider has no notice of the revocation; or
(2) provides CPR to a declarant:
(A) when the health care provider has no notice of the out of hospital DNR declaration and order; or
(B) after a revocation of an out of hospital DNR declaration and order;
is not subject to criminal or civil liability and may not be found to have committed an act of unprofessional conduct.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-21. Presumption of Validity

Sec. 21. (a) If a declarant is incapacitated or incompetent at the time of the decision to withhold or withdraw CPR, an out of hospital DNR declaration and order executed under this chapter is presumed to be valid.
(b) For purposes of this chapter, a health care provider may presume in the absence of actual notice to the contrary that the declarant was of sound mind when the out of hospital DNR declaration and order was executed.
(c) The fact that a declarant executed an out of hospital declaration may not be considered as an indication of the declarant's mental incapacity or incompetence.
As added by P.L.148-1999, SEC.12. Amended by P.L.86-2023, SEC.7.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-22. Petition for Review

Sec. 22. (a) A person may challenge the validity of an out of hospital DNR declaration and order by filing a petition for review in a court in the county in which the declarant resides.
(b) A petition filed under subsection (a) must include the name and address of the declarant's attending physician, advanced practice registered nurse, or physician assistant.
(c) A court in which a petition is filed under subsection (a) may declare an out of hospital DNR declaration and order void if the court finds that the out of hospital DNR declaration and order was executed:
(1) when the declarant was incapacitated due to insanity, mental illness, mental deficiency, duress, undue influence, fraud, excessive use of drugs, confinement, or other disability;
(2) contrary to the declarant's wishes; or
(3) when the declarant was not a qualified person.
(d) If a court finds that the out of hospital DNR declaration and order is void, the court shall cause notice of the finding to be sent to the declarant's attending physician, advanced practice registered nurse, or physician assistant.
(e) Upon notice under subsection (d), the declarant's attending physician, advanced practice registered nurse, or physician assistant shall follow the procedures under section 18(e) of this chapter.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.57.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-23. Effect Upon Life Insurance Policies

Sec. 23. (a) A death caused by the withholding or withdrawal of CPR under this chapter does not constitute a suicide.
(b) The execution of an out of hospital DNR declaration and order under this chapter does not affect the sale, issuance, or terms of a life insurance policy.
(c) A policy of life insurance is not legally impaired or invalidated by the execution of an out of hospital DNR declaration and order or by the withholding or withdrawal of CPR from an insured declarant, notwithstanding any term of the policy to the contrary.
(d) An out of hospital DNR declaration and order may not be considered in the establishment of insurance premiums for a declarant.
(e) A person may not require another person to execute an out of hospital DNR declaration and order as a condition for being insured for or receiving health care services.
(f) This chapter does not impair or supersede any legal right or legal responsibility that a person may have to effect the withholding or withdrawal of CPR in a lawful manner.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-24. Intent of Person Without Declaration Not Presumed

Sec. 24. This chapter does not create any presumption concerning the intent of a person who has not executed an out of hospital DNR declaration and order to consent to the withholding or withdrawal of CPR if a terminal condition exists, or if a medical condition exists such that the outcome of performing CPR would have the results specified in section 10(2) of this chapter.
As added by P.L.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-25. Euthanasia Not Authorized

Sec. 25. 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.148-1999, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-26. Effect Upon Chain of Proximate Cause

Sec. 26. The act of withholding or withdrawing CPR, when done under:
(1) an out of hospital DNR declaration and order issued under this chapter;
(2) a court order or decision of a court appointed guardian; or
(3) a good faith medical decision by the attending physician, advanced practice registered nurse, or physician assistant that the patient has a terminal illness;
is not an intervening force and does not affect the chain of proximate cause between the conduct of a person that placed the patient in a terminal condition and the patient's death.
As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.58.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-27. Destruction of Declaration; Forgery of Revocation

Sec. 27. A person who knowingly or intentionally:
(1) physically cancels or destroys an out of hospital DNR declaration and order without the declarant's consent;
(2) physically cancels or destroys an out of hospital DNR declaration and order without the declarant's representative's consent if the declarant is incapacitated or incompetent; or
(3) falsifies or forges a revocation of another person's out of hospital DNR declaration and order;
commits a Class B misdemeanor.
As added by P.L.148-1999, SEC.12. Amended by P.L.86-2023, SEC.8.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 5. Out of Hospital Do Not Resuscitate Declarations › 16-36-5-28. Deception With Intent to Cause Withholding of Cpr

Sec. 28. (a) A person who knowingly or intentionally:
(1) falsifies or forges the out of hospital DNR declaration and order of another person with intent to cause the withholding or withdrawal of CPR; or
(2) conceals or withholds personal knowledge of the revocation of an out of hospital DNR declaration and order with intent to cause the withholding or withdrawal of CPR;
commits a Level 5 felony.
(b) A person who commits an offense described in this section is subject to IC 29-1-2-12.1.
As added by P.L.148-1999, SEC.12. Amended by P.L.158-2013, SEC.238.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-2. "Declarant"

Sec. 2. As used in this chapter, "declarant" means a qualified person:
(1) who has completed a POST form under section 7(a)(1) of this chapter;
(2) for whom a representative has completed a POST form under section 7(a)(2) of this chapter; or
(3) for whom a proxy has completed a POST form under section 7(a)(3) of this chapter;
and whose treating physician, advanced practice registered nurse, or physician assistant has executed a POST form under section 8 of this chapter.
As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.8; P.L.10-2019, SEC.71; P.L.86-2023, SEC.9.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-4. "Post Form"

Sec. 4. As used in this chapter, "POST form" refers to a physician order for scope of treatment (POST) form developed by the state department under section 9 of this chapter.
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) › 16-36-6-4.5. "Proxy"

Sec. 4.5. As used in this chapter, "proxy" has the meaning set forth in IC 16-36-7-20.
As added by P.L.86-2023, SEC.10.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-5. "Qualified Person"

Sec. 5. As used in this chapter, "qualified person" refers to an individual who has at least one (1) of the following:
(1) An advanced chronic progressive illness.
(2) An advanced chronic progressive frailty.
(3) A condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty:
(A) there can be no recovery; and
(B) death will occur from the condition within a short period without the provision of life prolonging procedures.
(4) A medical condition that, if the person were to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful or within a short period the person would experience repeated cardiac or pulmonary failure resulting in death.
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) › 16-36-6-6.5. Application of Chapter

Sec. 6.5. This chapter does not create a duty for a person to perform cardiopulmonary resuscitation on a declarant if the declarant's POST form indicates the declarant is not to be resuscitated.
As added by P.L.67-2018, SEC.9.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-8. Execution of Post Form; Requirements for Post Form to Be Effective; Signature

Sec. 8. (a) A POST form may be executed only by an individual's treating physician, advanced practice registered nurse, or physician assistant and only if:
(1) the treating physician, advanced practice registered nurse, or physician assistant has determined that:
(A) the individual is a qualified person; and
(B) the medical orders contained in the individual's POST form are reasonable and medically appropriate for the individual; and
(2) the qualified person, representative, or proxy has completed the POST form in accordance with section 7 of this chapter.
(b) A POST form is effective if the following conditions are met:
(1) The POST form contains the qualified person's name and code status orders.
(2) The treating physician, advanced practice registered nurse, or physician assistant and the qualified person, representative, or proxy have signed and dated the POST form.
(3) The POST form is in English.
(c) A qualified person who is unable to sign the POST form may direct another person, in the presence of the treating physician, advanced practice registered nurse, or physician assistant and the qualified person, to sign the POST form on the qualified person's behalf.
As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.11; P.L.10-2019, SEC.73; P.L.86-2023, SEC.12.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-9. State Department Development of Post Form; Requirements; Internet; Not Liable

Sec. 9. (a) The state department shall develop a standardized POST form and distribute the POST form.
(b) The POST form developed under this section must include the following:
(1) A medical order specifying whether cardiopulmonary resuscitation (CPR) should be performed if the qualified person is in cardiopulmonary arrest.
(2) A medical order concerning the level of medical intervention that should be provided to the qualified person, including the following:
(A) Comfort measures.
(B) Limited additional interventions.
(C) Full intervention.
(3) A medical order specifying whether antibiotics should be provided to the qualified person.
(4) A medical order specifying whether artificially administered nutrition should be provided to the qualified person.
(5) A signature line for the treating physician, advanced practice registered nurse, or physician assistant, including the following information:
(A) The physician's, advanced practice registered nurse's, or physician assistant's printed name.
(B) The physician's, advanced practice registered nurse's, or physician assistant's telephone number.
(C) The physician's medical license number, advanced practice registered nurse's nursing license number, or physician assistant's state license number.
(D) The date of the physician's, advanced practice registered nurse's, or physician assistant's signature.
As used in this subdivision, "signature" includes an electronic or physician, advanced practice registered nurse, or physician assistant controlled stamp signature.
(6) A signature line for the qualified person, representative, or proxy, including the following information:
(A) The printed name of the qualified person, representative, or proxy who signed the POST form.
(B) The relationship of the representative or proxy signing the POST form to the qualified person covered by the POST form.
(C) The date of the signature.
As used in this subdivision, "signature" includes an electronic signature.
(7) A section presenting the option to allow a declarant to appoint a representative (as defined in IC 16-36-1-2) under IC 16-36-1-7 or IC 16-36-7 to serve as the declarant's health care representative.
(c) The state department shall place the POST form on its website.
(d) The state department is not liable for any use or misuse of the POST form.
As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.13; P.L.67-2018, SEC.12; P.L.10-2019, SEC.74; P.L.50-2021, SEC.61; P.L.86-2023, SEC.13.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-10. Original Kept by Declarant; Copy in Medical File

Sec. 10. (a) The declarant or representative shall keep the original executed POST form. The POST form is considered the personal property of the declarant. The treating physician, advanced practice registered nurse, or physician assistant who executes the POST form shall maintain a copy of the POST form in the declarant's medical records. If the POST form is executed at a health care facility (as defined in IC 16-18-2-161), a copy of the POST form shall be maintained in the health care facility's medical records.
(b) A health care provider or health care facility shall treat a facsimile, paper, or electronic copy of a valid POST form as an original document.
(c) A health care provider, a health care facility, or an entity acting in good faith may not be considered to have knowledge of a POST form solely on the basis of the POST form's entry into a medical record that can be accessed by a person described in this subsection.
As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.13; P.L.10-2019, SEC.75.
2023 Indiana Code › Title 16. Health › Article 36. Medical Consent › Chapter 6. Physician Order for Scope of Treatment (Post) › 16-36-6-12. Alternative Treatment Request Allowed

Sec. 12. (a) A declarant, or, subject to subsections (b) and (c), a representative or a proxy, may, at any time, request alternative treatment to the treatment specified on the POST form.
(b) A representative may request alternative treatment only if the declarant is incapable of making decisions concerning the declarant's health care.
(c) A proxy who has priority to act for the declarant under IC 16-36-7-42(c) may request alternative treatment if:
(1) the declarant is incapable of making decisions concerning the declarant's health care; and
(2) no representative appointed by the declarant is able and reasonably available to act on behalf of the declarant.
(d) A health care provider to whom a request for alternative treatment is communicated shall, as soon as possible, notify the declarant's treating physician, advanced practice registered nurse, or physician assistant, if known, of the request.
(e) The treating physician, advanced practice registered nurse, or physician assistant who is notified under subsection (d) of a request for alternative treatment shall do the following as soon as possible:
(1) Include a written, signed note of the request in the declarant's medical records with the following information:
(A) The time, date, and place of the request by the declarant, representative, or proxy.
(B) The time, date, and place that the treating physician, advanced practice registered nurse, or physician assistant was notified of the request.
(2) Review the POST form with:
(A) the declarant, if the declarant is capable of making decisions concerning the declarant's health care;
(B) the declarant's representative, if the declarant is incapable of making decisions concerning the declarant's health care; or
(C) a proxy who has priority to act for the declarant, if the declarant is incapable of making decisions concerning the declarant's health care and no appointed representative is able or reasonably available to act for the declarant;
and execute a new POST form, if needed.
As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.15; P.L.10-2019, SEC.77; P.L.86-2023, SEC.15.