Sec. 31. (a) A complete copy of the signed and witnessed or notarized advance directive must be given to each health care representative who:

(1) is specifically designated by name in the advance directive; and

Terms Used In Indiana Code 16-36-7-31

  • advance directive: means a written declaration of a declarant who:

    Indiana Code 16-36-7-2

  • declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
  • electronic: has the meaning set forth in IC 26-2-8-102(7). See Indiana Code 16-36-7-6
  • electronic record: has the meaning set forth in IC 26-2-8-102(9). See Indiana Code 16-36-7-7
  • health care: means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling. See Indiana Code 16-36-7-9
  • health care provider: means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. See Indiana Code 16-36-7-12
  • health care representative: means a competent adult designated by a declarant in an advance directive to:

    Indiana Code 16-36-7-13

  • informed consent: means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedure, and to make a knowing health care decision without coercion or undue influence. See Indiana Code 16-36-7-16
(2) has authority to make health care decisions that are immediately effective under the explicit terms of the advance directive or under section 34(1) of this chapter.

If the advance directive is signed with electronic signatures, a complete copy that is generated or converted from the original electronic record and that is viewable and printable is valid and may be relied upon as the equivalent to the original.

     (b) A declarant who has capacity is responsible for giving a complete copy of the declarant’s advance directive to a health care provider. If a declarant has signed an advance directive but lacks the capacity to make health care decisions or provide informed consent, any health care representative designated in the advance directive or any other interested person shall give a complete copy of the declarant’s advance directive to a health care provider. Upon receipt of the declarant’s advance directive, the health care provider shall put a copy of the advance directive in the declarant’s medical records.

As added by P.L.50-2021, SEC.63.

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