Title 16, HEALTH

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…

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.50-2…

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.

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.

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 …

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 ot…

Sec. 1. (a) Not later than November 30 of each year, the state department shall prepare a report concerning all fatalities in Indiana that are the result of suicide or overdose during the preceding calendar year. The report must include the following information: (1) The number o…

Sec. 1. (a) The state department shall maintain an immunization data registry to collect, store, analyze, release, and report immunization data. (b) Except as provided in subsection (c), data in the immunization data registry may be used only for the following purposes: (1) To as…

Sec. 2. (a) Except as provided in subsection (c), a provider, a physician's designee, a pharmacist's designee, or a person approved by the state department may provide immunization data to the immunization data registry in a manner prescribed by the state department and for the p…

Sec. 3. (a) Records maintained as part of the immunization data registry are confidential. (b) The state department may release information from the immunization data registry to the individual or to the individual's parent or guardian if the individual is less than eighteen (18)…

Sec. 4. (a) An entity described in section 3(c) of this chapter, the state department, or an agent of the state department who in good faith provides or receives immunization information is immune from civil and criminal liability for the following: (1) Providing information to t…

Sec. 1. This article does not prohibit a provider from obtaining a patient's health records from another provider without the patient's consent if the health records are needed to provide health care services to the patient. [Pre-1993 Recodification Citation: 16-4-8-5(a).] As add…

Sec. 2. (a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a written consent executed at …

Sec. 3. (a) As used in this section, "association" refers to an Indiana hospital trade association founded in 1921. (b) As used in this section, "data aggregation" means a combination of information obtained from the health records of a provider with information obtained from the…

Sec. 4. IC 16-39-9 governs the fees that may be charged for making and providing copies of records under this chapter. As added by P.L.102-1994, SEC.8.

Sec. 1. (a) The state department may designate an agent who may enter upon private property to inspect for and investigate possible violations of this article or a rule adopted under this article if all of the following conditions are met: (1) The agent has probable cause to beli…

Sec. 2. The health officer may make an investigation of each individual with a communicable disease to determine whether the environmental conditions surrounding the individual with a communicable disease or the conduct of the individual with a communicable disease requires inter…