Title 16, HEALTH

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…

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 fourtee…

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 care representative to make health care decisio…

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 a designa…

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 website, 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 directiv…

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…

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, t…

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.

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 su…

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. As used in this chapter, "EMS data dictionary" means the collection of descriptions of the data objects in the data base of fire and emergent run data maintained by the Indiana EMS program at the department of homeland security. As added by P.L.96-2026, SEC.24.

Sec. 10. (a) An entity required to submit data under section 8 of this chapter shall submit data to the registry by direct data entry or by electronic data transfer using an .xml format and data scheme that is based on the trauma data dictionary. (b) A hospital shall submit data …

Sec. 11. (a) A hospital, trauma center, and rehabilitation hospital shall report data to the registry as follows: (1) For a patient admitted to the facility between January 1 and March 31, not later than June 30. (2) For a patient admitted to the facility between April 1 and June…

Sec. 12. (a) The state department may remove a facility's designation as a trauma center if the facility fails to submit data as required under this chapter. (b) The state department may deem a facility or EMS provider that fails to submit data as required under this chapter inel…

Sec. 13. (a) Information in the trauma registry is confidential and may be released in a statistical form that does not provide personally identifiable information. (b) Information in the trauma registry may be released in accordance with IC 4-1-6-8.6. As added by P.L.96-2026, SE…

Sec. 2. As used in this chapter, "National EMS Information System" means the national repository for EMS data maintained by the University of Utah School of Medicine. As added by P.L.96-2026, SEC.24.

Sec. 3. As used in this chapter, "rehabilitation hospital" means a hospital that is excluded from a prospective payment system under 42 CFR 412. As added by P.L.96-2026, SEC.24.

Sec. 4. As used in this chapter, "rehabilitation hospital registry data dictionary" means the collection of descriptions of the data objects in the data base maintained by the state department. As added by P.L.96-2026, SEC.24.

Sec. 5. As used in this chapter, "trauma center" means a hospital that: (1) provides trauma care and has been verified as a trauma center by the American College of Surgeons; (2) has been designated a trauma center under a state designation system that is substantially equivalent…

Sec. 6. As used in this chapter, "trauma data dictionary" means the collection of descriptions of the data objects in the data base maintained by the trauma registry under this chapter. As added by P.L.96-2026, SEC.24.

Sec. 7. (a) The state department shall maintain a trauma registry to collect and analyze data that is necessary to evaluate the delivery of trauma care in Indiana. (b) The data collected by the registry must allow the state department to identify and evaluate the following: (1) F…

Sec. 8. The following shall submit data concerning trauma care to the state department for inclusion in the registry: (1) A hospital. (2) A trauma center. (3) A rehabilitation hospital. (4) An emergency medical services provider, both basic life support and advanced life support,…

Sec. 9. (a) Data submitted to the registry must include information that allows the state department to identify and evaluate the following: (1) Incidence, mechanism, type, severity, and outcome of traumatic injuries. (2) Criteria used to establish or refine triage and transport …