Title 16, HEALTH

Sec. 5. (a) In determining appropriate remedies or waivers under section 4 of this chapter, the commissioner shall consider the following: (1) Whether the breach occurred for reasons outside of the health facility's control. (2) Whether the health facility has demonstrated that t…

Sec. 6. An order for immediate correction under section 4(b)(1) of this chapter shall state a specific date by which the correction shall be made. The date shall be set by the commissioner according to the circumstances of the breach but may not exceed five (5) days from the time…

Sec. 7. (a) A plan of correction submitted to the commissioner for approval and acceptance shall contain a fixed time within which the correction must be made. (b) When accepting or directing a corrective period, the commissioner shall consider the following: (1) A reasonable amo…

Sec. 8. (a) A plan of correction may be: (1) accepted; (2) modified upon agreement between the commissioner and the health facility; or (3) rejected by the commissioner. (b) If a plan of correction is rejected, the commissioner: (1) shall send notice of the rejection and the reas…

Sec. 9. (a) A directed plan of correction imposed on a health facility by the commissioner may also be modified upon agreement between the commissioner and the health facility. (b) A petition for modification of an approved plan of correction must be filed with the commissioner b…

Sec. 1. This article does not authorize or require any form of compulsory medical treatment or physical or mental examination of any person who: (1) is a resident, a guest, a patient, an employee, a registrant, or an enrollee of an exempt institution specified in IC 16-18-2-167(c…

Sec. 1. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this article commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993,…

Sec. 1. The governing body of a city, town, township, or county by the governing body's action or in any combination may do the following: (1) Establish, operate, and maintain emergency medical services. (2) Levy taxes under and limited by IC 6-3.6 and expend appropriated funds o…

Sec. 2. A city, town, or county may not adopt an ordinance that restricts a person from providing ambulance services in the city, town, township, or county if: (1) the person is authorized to provide ambulance services in any part of another county; and (2) the person has been re…

Sec. 1. As used in this chapter, "covered entity" means any of the following: (1) A licensed health care provider. (2) A hospital licensed under IC 16-21-2. (3) An ambulatory outpatient surgical center. (4) A hospice program licensed under IC 16-25-3. (5) A residential care facil…

Sec. 2. As used in this chapter, "qualified recipient" means a recipient who has a disability and meets the eligibility requirements for receipt of an anatomical gift regardless of the use of the following: (1) Individuals or entities available to support and assist the recipient…

Sec. 3. A covered entity may not do any of the following solely on the basis of the disability of a qualified recipient: (1) Consider a qualified recipient ineligible for transplantation or to receive an anatomical gift. (2) Deny medical or other services related to transplantati…

Sec. 4. Subject to section 5 of this chapter, if a health care provider has examined an individual and determined that the individual has a disability, a covered entity may consider, when making recommendations or decisions related to an anatomical gift or transplantation, the di…

Sec. 5. A covered entity may not consider a qualified recipient's inability to comply with medical requirements following transplantation to be medically significant if a qualified recipient has individuals or entities available to assist in complying with the requirements. As ad…

Sec. 6. A covered entity must make reasonable modifications to its policies, practices, or procedures to allow individuals with disabilities access to transplantation related treatment and services, except when the covered entity can demonstrate that the modifications would funda…

Sec. 7. (a) An individual who reasonably believes that a covered entity has violated this chapter may bring a civil action for injunctive or other equitable relief against the covered entity for the purpose of enforcing compliance with this chapter. (b) In an action commenced und…

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.

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 st…

Sec. 11. (a) A person who is of sound mind and at least eighteen (18) years of age may execute an out of hospital DNR declaration. (b) A person's representative may execute an out of hospital DNR declaration for the person under this chapter only if the person is: (1) at least ei…

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 n…

Sec. 13. (a) An attending physician, advanced practice registered nurse, or physician assistant who does not issue an out of hospital DNR order for a patient who is a qualified person may transfer the patient to another physician, who may issue an out of hospital DNR order, unles…

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.

Sec. 15. An out of hospital DNR declaration and order must be in substantially the following form: OUT OF HOSPITAL DO NOT RESUSCITATE DECLARATION AND ORDER This declaration and order is effective on the date of execution and remains in effect until the death of the declarant or r…

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 ad…

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".…

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 …

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) a…

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…

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) …

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 pres…

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…

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) …

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 …

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.

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 …

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 representativ…

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 …

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 …

Sec. 4. As used in this chapter, "DNR" means do not resuscitate. As added by P.L.148-1999, SEC.12.

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.

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 …

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…

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.

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.

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.

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…