Indiana Code 16-36-4-13. Certification of qualified patient; procedure where physician refuses to honor declaration
(1) The attending physician has diagnosed the patient as having a terminal condition.
Terms Used In Indiana Code 16-36-4-13
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- qualified patient: means a patient who has been certified as a qualified patient under section 13 of this chapter. See Indiana Code 16-36-4-4
- terminal condition: means a condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty:
Indiana Code 16-36-4-5
(b) The attending physician shall include a copy of the certificate in the patient’s medical records.
(c) It is lawful for the attending physician to withhold or withdraw life prolonging procedures from a qualified patient if that patient properly executed a living will declaration under this chapter.
(d) A health care provider or an employee under the direction of a health care provider who:
(1) in good faith; and
(2) in accordance with reasonable medical standards;
participates in the withholding or withdrawal of life prolonging procedures from a qualified patient who has executed a living will declaration in accordance with this chapter is not subject to criminal or civil liability and may not be found to have committed an act of unprofessional conduct.
(e) An attending physician who refuses to use, withhold, or withdraw life prolonging procedures from a qualified patient shall transfer the qualified patient to another physician who will honor the patient’s living will declaration or life prolonging procedures will declaration unless:
(1) the physician has reason to believe the declaration was not validly executed or there is evidence that the patient no longer intends the declaration to be enforced; and
(2) the patient is presently unable to validate the declaration.
(f) If the attending physician, after reasonable investigation, finds no other physician willing to honor the patient’s declaration, the attending physician may refuse to withhold or withdraw life prolonging procedures.
(g) If the attending physician does not transfer a patient for the reason set forth in subsection (e), the physician shall attempt to ascertain the patient’s intention and attempt to determine the validity of the declaration by consulting with any of the following individuals who are reasonably available, willing, and competent to act:
(1) The judicially appointed guardian of the person of the patient if one has been appointed. This subdivision does not require the appointment of a guardian so that a treatment decision can be made under this section.
(2) The person or persons designated by the patient in writing to make the treatment decision.
(3) The patient’s spouse.
(4) An adult child of the patient or, if the patient has more than one (1) adult child, by a majority of the children who are reasonably available for consultation.
(5) The parents of the patient.
(6) An adult sibling of the patient or, if the patient has more than one (1) adult sibling, by a majority of the siblings who are reasonably available for consultation.
(7) The patient’s clergy or others with firsthand knowledge of the patient’s intention.
The individuals described in subdivisions (1) through (7) shall act in the best interest of the patient and shall be guided by the patient’s express or implied intentions, if known.
(h) The physician shall list the names of the individuals described in subsection (g) who were consulted and the information received in the patient’s medical records.
(i) If the attending physician determines from the information received under subsection (g) that the qualified patient intended to execute a valid living will declaration, the physician may either:
(1) withhold or withdraw life prolonging procedures, with the concurrence of one (1) other physician, as documented in the patient’s medical records; or
(2) request a court of competent jurisdiction to appoint a guardian for the patient to make the consent decision on behalf of the patient.
[Pre-1993 Recodification Citation: 16-8-11-14.]
As added by P.L.2-1993, SEC.19. Amended by P.L.99-1994, SEC.3.