Sec. 10. (a) The declarant or representative shall keep the original executed POST form. The POST form is considered the personal property of the declarant. The treating physician, advanced practice registered nurse, or physician assistant who executes the POST form shall maintain a copy of the POST form in the declarant’s medical records. If the POST form is executed at a health care facility (as defined in IC 16-18-2-161), a copy of the POST form shall be maintained in the health care facility’s medical records.

     (b) A health care provider or health care facility shall treat a facsimile, paper, or electronic copy of a valid POST form as an original document.

Terms Used In Indiana Code 16-36-6-10

  • declarant: means a qualified person:

    Indiana Code 16-36-6-2

  • medical record: means written or printed information possessed by a provider (as defined in Ind. See Indiana Code 1-1-4-5
  • POST form: refers to a physician order for scope of treatment (POST) form developed by the state department under section 9 of this chapter. See Indiana Code 16-36-6-4
  • representative: means an individual described in section 7(a)(2) of this chapter. See Indiana Code 16-36-6-6
     (c) A health care provider, a health care facility, or an entity acting in good faith may not be considered to have knowledge of a POST form solely on the basis of the POST form’s entry into a medical record that can be accessed by a person described in this subsection.

As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.13; P.L.10-2019, SEC.75.