Title 16, TITLE 16. HEALTH

Sec. 4. If a member dies, resigns, ceases to be a resident of the county, or is removed as provided in this chapter, the county executive shall appoint another person as a member of the governing board for the remainder of the term. If a person appointed as a member fails to qual…

Sec. 40. In proceeding under this chapter, it is not necessary to comply with any other law except as otherwise expressly provided in this chapter. [Pre-1993 Recodification Citation: 16-12-20-28.] As added by P.L.2-1993, SEC.5.

Sec. 5. Each member, before entering office, shall take and subscribe an oath of office to be endorsed upon the certificate of appointment. The oath shall be filed with the clerk of the circuit court. [Pre-1993 Recodification Citation: 16-12-20-4.] As added by P.L.2-1993, SEC.5.…

Sec. 6. (a) A member may be removed from office for neglect of duty, incompetency, inability to perform duties, or other good cause by an order of the circuit court, superior court, or probate court in the county in which the authority is located, subject to the procedure set for…

Sec. 7. (a) The members originally appointed shall hold an organizational meeting not more than thirty (30) days after appointment, at a time and place designated by the county executive. The members of the governing board shall elect from among the members a president, vice pres…

Sec. 8. The members may adopt bylaws, rules, and regulations necessary to conduct proceedings, carry out duties, and safeguard the funds and property of the authority. [Pre-1993 Recodification Citation: 16-12-20-6(b) part.] As added by P.L.2-1993, SEC.5.

Sec. 9. A member serves without pay but is entitled to reimbursement for expenses necessarily incurred in the performance of the member's duties. [Pre-1993 Recodification Citation: 16-12-20-6(b) part.] As added by P.L.2-1993, SEC.5.

Sec. 1. This chapter applies to a city that: (1) owns a hospital consisting of grounds, buildings, equipment, and furnishings; and (2) is located within a county with a nonprofit hospital corporation, whose general corporate powers are exercised by a board of directors composed o…

Sec. 2. An individual is not prohibited from serving as a member of the board of directors if the member: (1) has a pecuniary interest in; or (2) derives a profit from; a contract or purchase connected with the hospital. However, the member shall disclose the interest or profit i…

Sec. 3. If the city fiscal body determines by resolution adopted at a regular meeting that: (1) the city should not operate the hospital; and (2) it would be in the interests of the city to provide adequate hospital care and nursing for the sick, injured, and disabled by leasing …

Sec. 4. A duly organized church, religious association, labor union, fraternal, charitable, military, or civic organization referred to in section 1 of this chapter is an entity that has the following: (1) Duly adopted bylaws. (2) A regular place of meeting in the county. (3) A m…

Sec. 5. A lease authorized by section 3 of this chapter must provide that the corporation will do the following: (1) Make all repairs to the property leased. (2) Keep the property adequately insured. (3) Maintain the property in as good condition as the property is in at the time…

Sec. 1. (a) A person may not own or operate a hospice program if the person has: (1) been convicted of rape (IC 35-42-4-1); (2) been convicted of criminal deviate conduct (IC 35-42-4-2) (repealed); (3) been convicted of exploitation of a dependent or an endangered adult (IC 35-46…

Sec. 2. (a) A person who owns or operates a hospice program shall apply, not more than three (3) business days after the date that an employee or a volunteer begins to provide hospice services, for a copy of the employee's or volunteer's limited criminal history from the Indiana …

Sec. 3. (a) Except as provided in subsection (b), a person who owns or operates a hospice program may not employ an individual or allow a volunteer to provide hospice services if that individual's or volunteer's limited criminal history indicates that the individual or volunteer …

Sec. 4. (a) A person who owns or operates a hospice program is responsible for the payment of fees under IC 10-13-3-30 and other fees required under section 2 of this chapter. (b) This subsection does not apply to a hospice program volunteer. A hospice program may require an indi…

Sec. 5. A person who: (1) owns or operates a hospice program; and (2) violates section 2 or 3 of this chapter; commits a Class A infraction. As added by P.L.256-1999, SEC.16.

Sec. 1. In an emergency, the director may, with the approval of the commissioner, order the relocation of a patient from a health facility under IC 4-21.5-4. [Pre-1993 Recodification Citation: 16-10-4-18 part.] As added by P.L.2-1993, SEC.11.

Sec. 2. The state department shall adopt rules governing the emergency relocation of patients that provide for the following: (1) Notice to the patient, the patient's next of kin, guardian, and physician of the emergency transfer and the reasons for the relocation. (2) Protection…

Sec. 1. (a) A certified emergency medical responder, a certified emergency medical technician, a certified advanced emergency medical technician, or a licensed paramedic who provides emergency medical services to an emergency patient is not liable for an act or omission in provid…

Sec. 2. (a) Except for an act of gross negligence or willful misconduct, a certified emergency medical responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is i…

Sec. 2.5. (a) Except for an act of gross negligence or willful misconduct, an advanced emergency medical technician, a community corrections officer, an emergency medical responder, an emergency medical technician, a firefighter or volunteer firefighter, a law enforcement officer…

Sec. 3. An act or omission of a paramedic or an advanced emergency medical technician done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or advanced emergency medical technician, the autho…

Sec. 4. (a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct. (b) An act or omission of a paramedic, an advanced emergency medical technician, an emergency medical technician, or a person with equivalent …

Sec. 1. As used in this chapter, "abortion" has the meaning set forth in IC 16-18-2-1. As added by P.L.93-2022, SEC.5.

Sec. 2. As used in this chapter, "mandatory reporter" means any person providing health care services, including: (1) a physician; (2) a surgeon; (3) a physical therapist; (4) a psychiatrist; (5) a psychologist; (6) a medical resident; (7) a medical intern; (8) hospital staff; (9…

Sec. 3. As used in this chapter, "physician" means any person licensed to practice medicine in Indiana. The term includes a medical doctor and a doctor of osteopathy. As added by P.L.93-2022, SEC.5.

Sec. 4. As used in this chapter, "reproductive health care facility" means any office, clinic, or other physical location licensed by the state to provide surgical or medical abortions, abortion counseling, abortion referrals, contraceptives, contraceptive counseling, sex educati…

Sec. 5. A person who knowingly or intentionally coerces a pregnant woman to have an abortion commits a Level 6 felony. As added by P.L.93-2022, SEC.5.

employing a mandatory reporter Sec. 6. (a) A mandatory reporter must report to law enforcement every instance of alleged or suspected coerced abortion. A mandatory reporter may not use discretion in deciding whether a case should or should not be reported to law enforcement. (b) …

Sec. 1. Notwithstanding any other law, a woman may breastfeed her child anywhere the woman has a right to be. As added by P.L.125-2003, SEC.1.

Sec. 1. As used in this chapter, "consent" means authorization to provide, withhold, or withdraw treatment. As added by P.L.164-2013, SEC.8.

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 maintai…

Sec. 11. (a) A declarant or representative subject to subsection (b) may at any time revoke a POST form by any of the following: (1) A signed and dated writing. (2) Physical cancellation or destruction of the POST form by: (A) the declarant; (B) the representative; or (C) another…

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…

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'…

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.

noncompliance; contrary care not required; discussion of order requirement; transfer of care Sec. 15. (a) Except as otherwise provided in this chapter, the medical orders included in a POST form executed under this chapter are effective in all settings. A health care provider sha…

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 reasonab…

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…

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 indi…

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.

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 P…

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)…

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 exec…

As added by P.L.164-2013, SEC.8. Repealed by P.L.50-2021, SEC.59.

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. IC 16-36-6-4.5 "Proxy" Sec. 4.5. As used in this chapter, "proxy" has th…

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 …

Sec. 6. As used in this chapter, "representative" means an individual described in section 7(a)(2) of this chapter. As added by P.L.164-2013, SEC.8.

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.