Sec. 18. (a) A declarant may at any time revoke an out of hospital DNR declaration and order by any of the following:

(1) A signed, dated writing.

Terms Used In Indiana Code 16-36-5-18

  • 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
  • declarant: means a person:

    Indiana Code 16-36-5-3

  • DNR: means do not resuscitate. See Indiana Code 16-36-5-4
  • 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
  • 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
  • representative: means a person's:

    Indiana Code 16-36-5-9

(2) Physical cancellation or destruction of the declaration and order by the declarant or another in the declarant’s presence and at the declarant’s direction.

(3) An oral expression by the declarant of intent to revoke.

     (b) A declarant’s representative may revoke an out of hospital DNR declaration and order under this chapter only if the declarant is incapacitated or incompetent. If the declarant is incapacitated or incompetent and has no representative who is able and available to act, a proxy for the declarant who has priority to act under IC 16-36-7-42(c) may revoke an out of hospital DNR declaration and order for that declarant, subject to the proxy’s responsibilities under IC 16-36-7-42(d).

     (c) A revocation is effective upon communication to a health care provider.

     (d) A health care provider to whom the revocation of an out of hospital DNR declaration and order is communicated shall immediately notify the declarant’s attending physician, advanced practice registered nurse, or physician assistant, if known, of the revocation.

     (e) An attending physician, advanced practice registered nurse, or physician assistant notified of the revocation of an out of hospital DNR declaration and order shall immediately:

(1) add the revocation to the declarant’s medical file, noting the time, date, and place of revocation, if known, and the time, date, and place that the physician, advanced practice registered nurse, or physician assistant was notified;

(2) cancel the out of hospital DNR declaration and order by entering the word “VOID” on each page of the out of hospital DNR declaration and order in the declarant’s medical file; and

(3) notify any health care facility staff responsible for the declarant’s care of the revocation.

As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.55; P.L.86-2023, SEC.6.