Indiana Code 16-36-5-21. Presumption of validity
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Sec. 21. (a) If a declarant is incapacitated or incompetent at the time of the decision to withhold or withdraw CPR, an out of hospital DNR declaration and order executed under this chapter is presumed to be valid.
(c) The fact that a declarant executed an out of hospital declaration may not be considered as an indication of the declarant’s mental incapacity or incompetence.
(b) For purposes of this chapter, a health care provider may presume in the absence of actual notice to the contrary that the declarant was of sound mind when the out of hospital DNR declaration and order was executed.
Terms Used In Indiana Code 16-36-5-21
- 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
As added by P.L.148-1999, SEC.12. Amended by P.L.86-2023, SEC.7.