Sec. 12. (a) A declarant, or, subject to subsections (b) and (c), a representative or a proxy, may, at any time, request alternative treatment to the treatment specified on the POST form.

     (b) A representative may request alternative treatment only if the declarant is incapable of making decisions concerning the declarant’s health care.

Terms Used In Indiana Code 16-36-6-12

  • declarant: means a qualified person:

    Indiana Code 16-36-6-2

  • 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
  • proxy: has the meaning set forth in IC 16-36-7-20. See Indiana Code 16-36-6-4.5
  • representative: means an individual described in section 7(a)(2) of this chapter. See Indiana Code 16-36-6-6
     (c) A proxy who has priority to act for the declarant under IC 16-36-7-42(c) may request alternative treatment if:

(1) the declarant is incapable of making decisions concerning the declarant’s health care; and

(2) no representative appointed by the declarant is able and reasonably available to act on behalf of the declarant.

     (d) A health care provider to whom a request for alternative treatment is communicated shall, as soon as possible, notify the declarant’s treating physician, advanced practice registered nurse, or physician assistant, if known, of the request.

     (e) The treating physician, advanced practice registered nurse, or physician assistant who is notified under subsection (d) of a request for alternative treatment shall do the following as soon as possible:

(1) Include a written, signed note of the request in the declarant’s medical records with the following information:

(A) The time, date, and place of the request by the declarant, representative, or proxy.

(B) The time, date, and place that the treating physician, advanced practice registered nurse, or physician assistant was notified of the request.

(2) Review the POST form with:

(A) the declarant, if the declarant is capable of making decisions concerning the declarant’s health care;

(B) the declarant’s representative, if the declarant is incapable of making decisions concerning the declarant’s health care; or

(C) a proxy who has priority to act for the declarant, if the declarant is incapable of making decisions concerning the declarant’s health care and no appointed representative is able or reasonably available to act for the declarant;

and execute a new POST form, if needed.

As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.15; P.L.10-2019, SEC.77; P.L.86-2023, SEC.15.

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