Indiana Code 16-36-6-7. Individuals who may complete a POST form; requirements; representative acting in good faith
(1) A qualified person who is:
Terms Used In Indiana Code 16-36-6-7
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- consent: means authorization to provide, withhold, or withdraw treatment. See Indiana Code 16-36-6-1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- qualified person: refers to an individual who has at least one (1) of the following:
Indiana Code 16-36-6-5
- representative: means an individual described in section 7(a)(2) of this chapter. See Indiana Code 16-36-6-6
(i) at least eighteen (18) years of age; or
(ii) less than eighteen (18) years of age but authorized to consent under IC 16-36-1-3(a)(2) (except under IC 16-36-1-3(a)(2)(E)); and
(B) of sound mind.
(2) A qualified person’s representative, if the qualified person:
(A) is less than eighteen (18) years of age and is not authorized to consent under IC 16-36-1-3(a)(2); or
(B) has been determined to be incapable of making decisions about the qualified person’s health care by a treating physician, advanced practice registered nurse, or physician assistant acting in good faith and the representative has been:
(i) appointed by the individual under IC 16-36-1-7 to serve as the individual’s health care representative;
(ii) authorized to act under IC 30-5-5-16 and IC 30-5-5-17 as the individual’s attorney in fact with authority to consent to or refuse health care for the individual;
(iii) appointed by a court as the individual’s health care representative under IC 16-36-1-8;
(iv) appointed by a court as the guardian of the person with the authority to make health care decisions under IC 29-3; or
(v) appointed by the individual under IC 16-36-7 to serve as the individual’s health care representative.
(3) Any individual who is the qualified person’s proxy under IC 16-36-7-42(c) and who is available to act and has priority to act, if the qualified person:
(A) has been determined to be incapable of making decisions about the qualified person’s health care by a treating physician, advanced practice registered nurse, or physician assistant acting in good faith; and
(B) has no representative who is described in subdivision (2) who is able and available to act for the qualified person.
(b) In order to complete a POST form, a person described in subsection (a) and the qualified person’s treating physician, advanced practice registered nurse, or physician assistant or the physician’s, advanced practice registered nurse’s, or physician assistant’s designee must do the following:
(1) Discuss the qualified person’s goals and treatment options available to the qualified person based on the qualified person’s health.
(2) Complete the POST form, to the extent possible, based on the qualified person’s preferences determined during the discussion in subdivision (1).
(c) When completing a POST form on behalf of a qualified person, a representative shall act:
(1) in good faith; and
(2) in:
(A) accordance with the qualified person’s express or implied intentions, if known; or
(B) the best interest of the qualified person, if the qualified person’s express or implied intentions are not known.
(d) A copy of the executed POST form shall be maintained in the qualified person’s medical file.
As added by P.L.164-2013, SEC.8. Amended by P.L.141-2014, SEC.16; P.L.67-2018, SEC.10; P.L.10-2019, SEC.72; P.L.139-2019, SEC.3; P.L.50-2021, SEC.60; P.L.86-2023, SEC.11.