Title 16, TITLE 16. HEALTH

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 exp…

Sec. 19. (a) As used in this chapter and with respect to interactions between a declarant and a witness who signs or participates in the signing of an advance directive or other document under this chapter, "presence", "present", and "to be present" means that throughout the proc…

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 r…

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 individua…

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 he…

Sec. 22. As used in this chapter, "sign" includes the valid use of an electronic signature. As added by P.L.50-2021, SEC.63.

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 notaria…

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. …

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.

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…

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) …

counterparts; telephonic interaction; validity Sec. 28. (a) An advance directive signed by or for a declarant under this section may accomplish or communicate one (1) or more of the following: (1) Designate one (1) or more competent adult individuals or other persons as a health …

directive Sec. 29. An advance directive signed by a declarant under this section may contain any of the following additional provisions: (1) A provision that delays: (A) the effectiveness of an instruction or decision by the declarant; or (B) the effectiveness of the authority of…

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.

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 advanc…

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 …

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 c…

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…

Sec. 34. An advance directive must be interpreted to carry out the known or demonstrable intent of the declarant. The following presumptions apply to an advance directive unless the terms of the advance directive explicitly prevent a presumption from applying: (1) If the advance …

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…

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 responsibil…

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 advanc…

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 ex…

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 …

Sec. 4. As used in this chapter, "declarant" means a competent adult who has executed an advance directive. As added by P.L.50-2021, SEC.63.

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 o…

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 representa…

Sec. 42. (a) For purposes of this section, the term "declarant" includes an individual who has not executed an advance directive or who does not have an advance directive currently in effect. (b) This section applies only if a declarant is not capable of consenting to health care…

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, le…

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…

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.

Sec. 6. As used in this chapter, "electronic" has the meaning set forth in IC 26-2-8-102(7). As added by P.L.50-2021, SEC.63.

Sec. 7. As used in this chapter, "electronic record" has the meaning set forth in IC 26-2-8-102(9). As added by P.L.50-2021, SEC.63.

Sec. 8. As used in this chapter, "electronic signature" has the meaning set forth in IC 26-2-8-102(10). As added by P.L.50-2021, SEC.63.

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 counseli…

Sec. 1. (a) As used in this section, "provider" means the following: (1) A physician. (2) A dentist. (3) A registered nurse. (4) A licensed practical nurse. (5) An optometrist. (6) A podiatrist. (7) A chiropractor. (8) A physical therapist. (9) A psychologist. (10) An audiologist…

civil liability Sec. 2. (a) This section does not apply to original mammograms, which are governed by section 3 of this chapter. (b) As used in this section, "x-ray film" includes a microfilm copy of the x-ray film. (c) A provider shall maintain a patient's x-ray film for at leas…

Sec. 3. (a) Except as provided in subsection (b), a provider shall maintain a patient's original mammogram films and reports concerning the mammogram films in a permanent medical record of the patient for not less than: (1) five (5) years; or (2) if the provider performs no addit…

persons at risk Sec. 1. (a) This section applies to the following serious communicable diseases: (1) Human immunodeficiency virus (HIV). (2) Hepatitis B. (b) As used in this section, "high risk activity" means sexual or needle sharing contact that has been epidemiologically demon…

at risk Sec. 2. (a) An individual with a communicable disease is a "serious and present risk to the health of others" under the following conditions: (1) The individual with a communicable disease engages repeatedly in a behavior that has been demonstrated epidemiologically (as d…

Sec. 3. (a) A licensed physician who diagnoses, treats, or counsels a patient with a serious communicable disease shall inform the patient of the patient's duty under section 1 of this chapter. (b) A physician described in subsection (a) may notify the following: (1) A health off…

notification of persons at risk Sec. 4. (a) As used in this section, "person at risk" means an individual who in the best judgment of a licensed physician: (1) has engaged in high risk activity (as defined in section 1 of this chapter); or (2) is in imminent risk of engaging in h…

Sec. 5. (a) Except as provided in IC 35-45-21-3, a person who recklessly violates or fails to comply with this chapter 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.…

[Pre-1993 Recodification Citation: 16-2-5-1 part.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

Sec. 10. (a) Before July 1, 2019, and on a biennial basis thereafter, the state department, with the assistance of: (1) the Indiana minority health coalition; (2) health care providers that treat individuals with sickle cell disease; (3) individuals diagnosed with sickle cell dis…

Sec. 2. The state department shall establish a program for the purpose of providing for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. [Pre-1993 Recodification Citation: 16-2-5-2.] As added by P.L.2-1993, SEC.29. Am…

[Pre-1993 Recodification Citation: 16-2-5-3.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-4.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-5.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.

[Pre-1993 Recodification Citation: 16-2-5-6.] As added by P.L.2-1993, SEC.29. Repealed by P.L.87-1994, SEC.16.