Sec. 22. (a) A person may challenge the validity of an out of hospital DNR declaration and order by filing a petition for review in a court in the county in which the declarant resides.

     (b) A petition filed under subsection (a) must include the name and address of the declarant’s attending physician, advanced practice registered nurse, or physician assistant.

Terms Used In Indiana Code 16-36-5-22

  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • qualified person: means an individual certified as a qualified person under section 10 of this chapter. See Indiana Code 16-36-5-8
     (c) A court in which a petition is filed under subsection (a) may declare an out of hospital DNR declaration and order void if the court finds that the out of hospital DNR declaration and order was executed:

(1) when the declarant was incapacitated due to insanity, mental illness, mental deficiency, duress, undue influence, fraud, excessive use of drugs, confinement, or other disability;

(2) contrary to the declarant’s wishes; or

(3) when the declarant was not a qualified person.

     (d) If a court finds that the out of hospital DNR declaration and order is void, the court shall cause notice of the finding to be sent to the declarant’s attending physician, advanced practice registered nurse, or physician assistant.

     (e) Upon notice under subsection (d), the declarant’s attending physician, advanced practice registered nurse, or physician assistant shall follow the procedures under section 18(e) of this chapter.

As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.57.