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

Terms Used In Indiana Code 16-36-5-15

  • attending: means the physician, advanced practice registered nurse, or physician assistant who has the primary responsibility for the treatment and care of the patient. See Indiana Code 16-36-5-1.1
  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • declarant: means a person:

    Indiana Code 16-36-5-3

  • DNR: means do not resuscitate. See Indiana Code 16-36-5-4
  • 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.
  • incapacitated: has the meaning set forth in IC 16-36-7-15. See Indiana Code 16-36-5-4.2
  • out of hospital: refers to a location other than an acute care hospital licensed under IC 16-21-2. See Indiana Code 16-36-5-5
  • out of hospital DNR declaration and order: means a document executed under sections 11 and 12 of this chapter. See Indiana Code 16-36-5-6
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • presence: means a process of signing and witnessing a DNR declaration in which:

    Indiana Code 16-36-5-7.7

  • proxy: has the meaning set forth in IC 16-36-7-20. See Indiana Code 16-36-5-8.1
  • qualified person: means an individual certified as a qualified person under section 10 of this chapter. See Indiana Code 16-36-5-8
  • representative: means a person's:

    Indiana Code 16-36-5-9

  • 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 other. See Indiana Code 16-36-5-9.5
This declaration and order is effective on the date of execution and remains in effect until the death of the declarant or revocation.

OUT OF HOSPITAL DO NOT RESUSCITATE DECLARATION

Declaration made this ____ day of __________. I, _____________, being of sound mind and at least eighteen (18) years of age, willfully and voluntarily make known my desires that my dying shall not be artificially prolonged under the circumstances set forth below. I declare:

     My attending physician, advanced practice registered nurse, or physician assistant has certified that I am a qualified person, meaning that I have a terminal condition or a medical condition such that, if I suffer cardiac or pulmonary failure, resuscitation would be unsuccessful or within a short period I would experience repeated cardiac or pulmonary failure resulting in death.

     I direct that, if I experience cardiac or pulmonary failure in a location other than an acute care hospital or a health facility, cardiopulmonary resuscitation procedures be withheld or withdrawn and that I be permitted to die naturally. My medical care may include any medical procedure necessary to provide me with comfort care or to alleviate pain.

     I understand that I may revoke this out of hospital DNR declaration at any time by a signed and dated writing, by destroying or canceling this document, or by communicating to health care providers at the scene the desire to revoke this declaration.

     This declaration was signed by me and by the witnesses in compliance with Indiana law and by: [Initial or check only one (1) of the following spaces]

__ Signing on paper or electronically in each other’s direct physical presence.

__ Signing in separate counterparts on paper using two (2) way, real time audiovisual technology.

__ Signing electronically using two (2) way, real time audiovisual technology or telephonic interaction.

__ Signing in separate counterparts on paper using telephonic interaction between me (the declarant) and all witnesses.

     I understand the full import of this declaration.

 

Signed___________________________________

 

Printed name______________________________

 

_________________________________________

 

City and State of Residence___________________

IF THE DECLARANT IS INCAPACITATED OR INCOMPETENT, the adult who signed above for the declarant is the: [Initial or check only one (1) of the following spaces]

__ Court appointed guardian of the declarant’s person.

__ Agent or attorney in fact (POA) under the declarant’s heath care power of attorney.

__ Health care representative for the declarant under a written advance directive or other written appointment.

__ Proxy for the declarant (state relationship to declarant) _________________________

Address and other optional contact information for guardian, agent, representative, or proxy who signed for the declarant:

_______________________________________________________

________________________________________________________

     The declarant is personally known to me, and I believe the declarant to be of sound mind. I did not sign the declarant’s signature above, for, or at the direction of, the declarant. I am not a parent, spouse, or child of the declarant. I am not entitled to any part of the declarant’s estate or directly financially responsible for the declarant’s medical care. I am competent and at least eighteen (18) years of age.

Witness____________Printed name___________Date__________

Witness____________Printed name___________Date__________

OUT OF HOSPITAL DO NOT RESUSCITATE ORDER

     I,___________________, the attending physician, advanced practice registered nurse, or physician assistant of _________________, have certified the declarant as a qualified person to make an out of hospital DNR declaration, and I order health care providers having actual notice of this out of hospital DNR declaration and order not to initiate or continue cardiopulmonary resuscitation procedures on behalf of the declarant, unless the out of hospital DNR declaration is revoked.

 

Signed_____________________Date__________

 

Printed name______________________________

 

Physician/APRN/PA license number ___________

________________________________________

As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.52; P.L.9-2022, SEC.32; P.L.86-2023, SEC.5.