Title 16, TITLE 16. HEALTH

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completion of POST form; legal rights not superseded; POST form voluntary Sec. 18.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.

representative acting in good faith Sec. 7. (a) The following individuals may complete a POST form: (1) A qualified person who is: (A) either: (i) at least eighteen (18) years of age; or (ii) less than eighteen (18) years of age but authorized to consent under IC 16-36-1-3(a)(2) …

effective; signature Sec. 8. (a) A POST form may be executed only by an individual's treating physician, advanced practice registered nurse, or physician assistant and only if: (1) the treating physician, advanced practice registered nurse, or physician assistant has determined t…

Sec. 1. As used in this chapter, "chronic disease" means one (1) of the following conditions: (1) Asthma. (2) Diabetes. (3) Congestive heart failure or coronary heart disease. (4) Hypertension. (5) Kidney disease. (6) A condition that the state department: (A) determines should b…

Sec. 10. The state department may adopt rules under IC 4-22-2 necessary to carry out this chapter. As added by P.L.212-2003, SEC.3.

Sec. 2. The state department, with the cooperation of the office of Medicaid policy and planning, shall establish a chronic disease registry for the purpose of: (1) recording chronic disease cases that are diagnosed or treated in Indiana; and (2) compiling necessary and appropria…

registry Sec. 3. The state department may use information compiled by a public or private entity to the greatest extent possible in the development of a statewide chronic disease registry under this chapter. As added by P.L.212-2003, SEC.3. Amended by P.L.143-2022, SEC.48.

used; Medicaid chronic disease data Sec. 4. (a) The following persons may report confirmed cases of chronic disease to the chronic disease registry: (1) Physicians. (2) Hospitals. (3) Medical laboratories. (4) Public and private third party payers. (b) A person who reports inform…

Sec. 5. Except as provided in sections 6, 7, and 8 of this chapter, information obtained by the state department under this chapter concerning chronic disease patients is confidential and may be used by the state department only for the purposes of this chapter. As added by P.L.2…

Sec. 6. The state department may grant a researcher access to confidential information obtained under this chapter concerning individual chronic disease patients if the researcher who is requesting additional information for research purposes or soliciting the patient's participa…

Sec. 7. The state department may release confidential information obtained under this chapter concerning individual chronic disease patients to the following: (1) The chronic disease registry of another state if the following conditions are met: (A) The other state has entered in…

Sec. 8. A person who reports information for the chronic disease registry under this chapter is immune from any civil or criminal liability that might otherwise be imposed because of the release of confidential information. As added by P.L.212-2003, SEC.3.

Sec. 9. This chapter does not prevent the release to any interested person of epidemiological information that does not identify a chronic disease patient. As added by P.L.212-2003, SEC.3.

Sec. 1. It is in the interest of public health and patient medical care that hospital medical staff committees have access to the records and other information concerning the condition and treatment of hospital patients to evaluate the care and treatment of patients as follows: (…

Sec. 2. To carry out the purposes described in section 1 of this chapter, a hospital or agents or employees of the hospital may provide medical records or other information concerning the condition or treatment of a hospital patient to a hospital medical staff committee. [Pre-199…

Sec. 3. (a) Except as provided in subsection (b): (1) records or other information furnished a hospital medical staff committee under this chapter concerning the care and treatment of a hospital patient; (2) proceedings of a hospital medical staff committee; and (3) other records…

Sec. 4. A hospital medical staff committee shall use or publish information the committee obtains from records or other information submitted to the committee concerning the care or treatment of a patient only as follows: (1) To evaluate matters of medical care, therapy, and trea…

Sec. 5. (a) The members, agents, or employees of a hospital medical staff committee may not disclose the identity of any patient whose records have been studied in a report or publication of the committee. (b) The members, agents, and employees of the medical staff committee shal…

Sec. 0.5. As used in this chapter, "standard licensed diagnostic test for HIV" means a test recognized by the state department as a standard licensed diagnostic test for the antibody or antigen to HIV. As added by P.L.237-2003, SEC.5.

Sec. 1. (a) As used in this section, "physician's authorized representative" means: (1) an advanced practice registered nurse (as defined by IC 25-23-1-1(b)) who is operating in collaboration with a licensed physician; or (2) an individual acting under the supervision of a licens…

Sec. 10. The state department shall distribute to physicians and to other individuals who are allowed by law to attend a pregnant woman information available from the federal Centers for Disease Control and Prevention that explains the treatment options available to an individual…

Sec. 11. (a) The state department shall adopt rules under IC 4-22-2 that include procedures: (1) to inform the woman of the test results under this chapter, whether they are positive or negative; (2) for explaining the side effects of any treatment for HIV if the test results und…

copy of form in patient's medical file; systemwide evaluation of prenatal HIV testing Sec. 12. (a) The state department shall provide that an HIV test history and assessment form from the patient's medical records or an interview with the patient must be filled out. The state dep…

HIV Sec. 13. (a) Women who: (1) meet all qualifications to participate in the children's health insurance program, the AIDS drug assistance program, the health insurance assistance program, or any other health care program of the state; and (2) test positive under section 5 or 6 …

Sec. 2. (a) As used in this section, "informed consent" means authorization for a physical examination, made without undue inducement or any form of force, fraud, constraint, deceit, duress, or coercion after the following: (1) A fair explanation of the examination, including the…

As added by P.L.255-1996, SEC.13. Repealed by P.L.237-2003, SEC.18.

Sec. 3. (a) Except as otherwise provided, 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.2-1993,…

on treatment options; objecting; rules; application for funds under Ryan White CARE Amendments Sec. 4. (a) Subject to subsection (f), if: (1) the mother of a newborn infant has not had a test performed under section 5 or 6 of this chapter; (2) the mother of a newborn infant has r…

testing Sec. 5. (a) This section applies to: (1) a physician licensed under IC 25-22.5; or (2) an advanced practice registered nurse licensed under IC 25-23; who provides prenatal care within the scope of the provider's license. (b) Subject to section 8 of this chapter, an indivi…

Sec. 6. Subject to section 8 of this chapter, if, at the time of delivery, there is no written evidence that a standard licensed diagnostic test for HIV has been performed under section 5 of this chapter, the physician or advanced practice registered nurse in attendance at the de…

Sec. 7. A pregnant woman has a right to refuse a test under section 5 or 6 of this chapter. As added by P.L.237-2003, SEC.10.

information given and a refusal of test; information if test results positive; confidentiality Sec. 8. (a) This section applies to a physician or an advanced practice registered nurse who orders an HIV test under section 5 or 6 of this chapter or to the physician's or nurse's des…

Sec. 9. The state department shall require, on the confidential part of each birth certificate and stillbirth certificate retained by the state department, in addition to the information otherwise required to be included on the certificate, the following information: (1) Whether …