Title 16, TITLE 16. HEALTH

comprehensive care health facilities" Sec. 4. (a) As used in this chapter, "total comprehensive care bed days available at comprehensive care health facilities" refers to the sum of: (1) all licensed comprehensive care beds at comprehensive care health facilities in the state tha…

Sec. 5. As used in this chapter, "total statewide inpatient days" means the sum of: (1) the inpatient days for all payor sources for all comprehensive care health facilities that filed a Medicaid cost report; plus (2) the inpatient days for all payor sources for all comprehensive…

of need program Sec. 6. The comprehensive care health facility certificate of need program is established for the purpose of permitting movement between counties of existing comprehensive care beds based upon demographic need. The state department shall implement and administer t…

rate and total county comprehensive care bed supply; projected statewide population and those over 65 years old; publication of projections Sec. 7. (a) The commissioner or the commissioner's designee shall calculate the total statewide comprehensive care bed supply rate and the t…

consultation Sec. 8. (a) The commissioner or the commissioner's designee shall calculate the state comprehensive care bed need rate as follows: STEP ONE: Divide: (A) the total statewide inpatient days; by (B) the total comprehensive care bed days available at comprehensive care h…

consultation Sec. 9. (a) The commissioner or the commissioner's designee shall calculate the county comprehensive care bed need as follows: STEP ONE: Divide the projected county population that is at least sixty-five (65) years of age as determined under section 7(b) of this chap…

Sec. 1. The emergency medical services education fund is established. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 2. The commission shall administer the fund. Money from the fund may be used to fund inservice training programs promoted by the commission. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 3. Expenditures from the fund must be approved by the budget agency. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 4. The fund consists of income derived as follows: (1) Generated by the state emergency medical services conference authorized under IC 16-31-2-7(a)(1)(F). (2) Generated by education programs conducted by the commission. (3) From civil penalties imposed by the commission. [P…

[Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14. Repealed by P.L.65-1998, SEC.3.

Sec. 6. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. [1993 Recodification Citation: New.] As added by P.L.2-1993, SEC.14.

Sec. 7. Money in the fund at the end of a state fiscal year does not revert to the state general fund. [Pre-1993 Recodification Citation: 16-1-39-6(b) part.] As added by P.L.2-1993, SEC.14.

Sec. 1. The state department may receive funds from any source and expend the funds for the administration of this chapter. As added by P.L.225-2007, SEC.1.

Sec. 2. The state department shall adopt rules under IC 4-22-2 requiring hospitals and physicians to identify suspicious deaths of children who are less than eighteen (18) years of age. As added by P.L.225-2007, SEC.1.

pathologists Sec. 3. (a) The medical licensing board may adopt rules under IC 4-22-2 to certify a child death pathologist and to require special training to conduct autopsies on child fatalities. (b) A child death pathologist must be a physician: (1) who is certified by the Ameri…

Sec. 1. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with: (1) a declarant's advance directive; or (2) any provision of this chapter; does not constitute a suicide. (b) This chapter does not authorize euthanasia or any affir…

Sec. 10. As used in this chapter, "health care decision" means the following: (1) Informed consent, refusal of consent, or withdrawal of consent to any and all health care, including life prolonging procedures and mental health treatment, unless otherwise stated in the advance di…

Sec. 11. As used in this chapter, "health care facility" includes the following: (1) An ambulatory outpatient surgical center licensed under IC 16-21-2. (2) A health facility licensed under IC 16-28-2 or IC 16-28-3. (3) A home health agency licensed under IC 16-27-1. (4) A hospic…

Sec. 12. As used in this chapter, "health care provider" means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. As added by P.L.50-2021, SEC.63.

Sec. 13. As used in this chapter, "health care representative" means a competent adult designated by a declarant in an advance directive to: (1) make health care decisions; and (2) receive health information; regarding the declarant. The term includes a person who receives and ho…

Sec. 14. As used in this chapter, "health information" has the meaning set forth in 45 CFR 160.103. As added by P.L.50-2021, SEC.63. IC 16-36-7-15 "Incapacity"; "incapacitated" Sec. 15. As used in this chapter, "incapacity" and "incapacitated" mean that an individual is unable to…

Sec. 16. As used in this chapter, "informed consent" means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medic…

Sec. 17. As used in this chapter, "notarial officer" means a person who is authorized under IC 33-42-9-7 to perform a notarial act (as defined in IC 33-42-0.5-18). The term includes a notary public. As added by P.L.50-2021, SEC.63.

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…