16-36-7-39. Access to Health Information
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 mental health and other medical conditions held by a physician or other […]
16-36-7-40. Immunity for Health Care Provider; Validity of Advance 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 or other successors in interest to the same […]
16-36-7-41. Affidavit; Requirements; Immunity
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 representative: (1) that the document attached to and […]
16-36-7-42. Decisions Made by Proxy
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, and: (1) the declarant has not executed […]
16-36-7-43. Individuals Who May Not Serve as Proxy
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, legal separation, or annulment of marriage from the declarant that […]
16-36-7-44. Material Conflict Between Multiple Documents
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 granting health care powers and executed under IC 30-5 before […]
16-36-7-21. “Reasonably Available”
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 health care needs or health decisions. As added […]
16-36-7-37. Advance Directive Made Part of Medical Records; Capacity; 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 advance directive becomes known to the health care provider, the change or termination must be noted in the […]
16-36-7-22. “Sign”
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.
16-36-7-38. Anatomical Gift, Autopsy, or Remains Disposition
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 explicit provisions of the advance directive or section 34(5) of […]