Ind. Code ch. 16-36-6

Ind. Code ch. 16-36-6
in effect

Ind. Code § 16-36-6-1 "Consent"

Sec. 1. As used in this chapter, "consent" means authorization to provide, withhold, or withdraw treatment. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-2 "Declarant"

Sec. 2. As used in this chapter, "declarant" means a qualified person: (1) who has completed a POST form under section 7(a)(1) of this chapter; (2) for whom a representative has completed a POST form under section 7(a)(2) of this chapter; or (3) for whom a proxy has completed a POST form under section 7(a)(3) of this chapter; and whose treating physician, advanced practice registered nurse, or physician assistant has executed a POST form under section 8 of this chapter. As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.8; P.L.10-2019, SEC.71; P.L.86-2023, SEC.9.

Ind. Code § 16-36-6-4 "POST form"

Sec. 4. As used in this chapter, "POST form" refers to a physician order for scope of treatment (POST) form developed by the state department under section 9 of this chapter. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-4.5 "Proxy"

Sec. 4.5. As used in this chapter, "proxy" has the meaning set forth in IC 16-36-7-20. As added by P.L.86-2023, SEC.10.

Ind. Code § 16-36-6-5 "Qualified person"

Sec. 5. As used in this chapter, "qualified person" refers to an individual who has at least one (1) of the following: (1) An advanced chronic progressive illness. (2) An advanced chronic progressive frailty. (3) A condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty: (A) there can be no recovery; and (B) death will occur from the condition within a short period without the provision of life prolonging procedures. (4) A medical condition that, if the person were to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful or within a short period the person would experience repeated cardiac or pulmonary failure resulting in death. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-6 "Representative"

Sec. 6. As used in this chapter, "representative" means an individual described in section 7(a)(2) of this chapter. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-6.5 Application of chapter

Sec. 6.5. This chapter does not create a duty for a person to perform cardiopulmonary resuscitation on a declarant if the declarant's POST form indicates the declarant is not to be resuscitated. As added by P.L.67-2018, SEC.9.

Ind. Code § 16-36-6-7 Individuals who may complete a POST form; requirements; representative acting in good faith

Sec. 7. (a) The following individuals may complete a POST form: (1) A qualified person who is: (A) either: (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.

Ind. Code § 16-36-6-8 Execution of POST form; requirements for POST form to be effective; signature

Sec. 8. (a) A POST form may be executed only by an individual's treating physician, advanced practice registered nurse, or physician assistant and only if: (1) the treating physician, advanced practice registered nurse, or physician assistant has determined that: (A) the individual is a qualified person; and (B) the medical orders contained in the individual's POST form are reasonable and medically appropriate for the individual; and (2) the qualified person, representative, or proxy has completed the POST form in accordance with section 7 of this chapter. (b) A POST form is effective if the following conditions are met: (1) The POST form contains the qualified person's name and code status orders. (2) The treating physician, advanced practice registered nurse, or physician assistant and the qualified person, representative, or proxy have signed and dated the POST form. (3) The POST form is in English. (c) A qualified person who is unable to sign the POST form may direct another person, in the presence of the treating physician, advanced practice registered nurse, or physician assistant and the qualified person, to sign the POST form on the qualified person's behalf. As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.11; P.L.10-2019, SEC.73; P.L.86-2023, SEC.12.

Ind. Code § 16-36-6-9 State department development of POST form; requirements; Internet; not liable

Sec. 9. (a) The state department shall develop a standardized POST form and distribute the POST form. (b) The POST form developed under this section must include the following: (1) A medical order specifying whether cardiopulmonary resuscitation (CPR) should be performed if the qualified person is in cardiopulmonary arrest. (2) A medical order concerning the level of medical intervention that should be provided to the qualified person, including the following: (A) Comfort measures. (B) Limited additional interventions. (C) Full intervention. (3) A medical order specifying whether antibiotics should be provided to the qualified person. (4) A medical order specifying whether artificially administered nutrition should be provided to the qualified person. (5) A signature line for the treating physician, advanced practice registered nurse, or physician assistant, including the following information: (A) The physician's, advanced practice registered nurse's, or physician assistant's printed name. (B) The physician's, advanced practice registered nurse's, or physician assistant's telephone number. (C) The physician's medical license number, advanced practice registered nurse's nursing license number, or physician assistant's state license number. (D) The date of the physician's, advanced practice registered nurse's, or physician assistant's signature. As used in this subdivision, "signature" includes an electronic or physician, advanced practice registered nurse, or physician assistant controlled stamp signature. (6) A signature line for the qualified person, representative, or proxy, including the following information: (A) The printed name of the qualified person, representative, or proxy who signed the POST form. (B) The relationship of the representative or proxy signing the POST form to the qualified person covered by the POST form. (C) The date of the signature. As used in this subdivision, "signature" includes an electronic signature. (7) A section presenting the option to allow a declarant to appoint a representative (as defined in IC 16-36-1-2) under IC 16-36-1-7 or IC 16-36-7 to serve as the declarant's health care representative. (c) The state department shall place the POST form on its website. (d) The state department is not liable for any use or misuse of the POST form. As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.13; P.L.67-2018, SEC.12; P.L.10-2019, SEC.74; P.L.50-2021, SEC.61; P.L.86-2023, SEC.13.

Ind. Code § 16-36-6-10 Original kept by declarant; copy in medical file

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. (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.

Ind. Code § 16-36-6-11 Revocation of POST form; effectiveness; notification

Sec. 11. (a) A declarant or representative subject to subsection (b) may at any time revoke a POST form by any of the following: (1) A signed and dated writing. (2) Physical cancellation or destruction of the POST form by: (A) the declarant; (B) the representative; or (C) another individual at the direction of the declarant or representative. (3) An oral expression by the declarant or representative of an intent to revoke the POST form. (b) A representative may revoke the POST form only if: (1) the declarant is incapable of making decisions regarding the declarant's health care; and (2) the representative acts: (A) in good faith; and (B) in: (i) accordance with the qualified person's express or implied intentions, if known; or (ii) the best interests of the qualified person, if the qualified person's express or implied intentions are not known. (c) If: (1) a declarant, the declarant's proxy, or the declarant's representative completed and signed a POST form; (2) the declarant who signed the POST form is incapable of making decisions regarding the declarant's health care; and (3) no representative appointed by the declarant is able or reasonably available to act to revoke the POST form; then a proxy who has priority to act for the declarant under IC 16-36-7-42(c) may act for the declarant to revoke the POST form. A proxy who revokes a POST form under this subsection must comply with IC 16-36-7-42(d). (d) A revocation of a POST form under this section is effective upon communication of the revocation to a health care provider. (e) Upon communication of the revocation of a POST form under this section, the health care provider shall immediately notify the declarant's treating physician, advanced practice registered nurse, or physician assistant, if known, of the revocation. (f) Upon notification of the revocation of a POST form to the treating physician, advanced practice registered nurse, or physician assistant under subsection (e), the declarant's treating physician, advanced practice registered nurse, or physician assistant shall as soon as possible do the following: (1) Add the revocation to the declarant's medical record with the following information: (A) The time, date, and place of revocation of the POST form by the declarant, representative, proxy, or other individual at the direction of the declarant, representative, or proxy. (B) The time, date, and place the treating physician, advanced practice registered nurse, or physician assistant was notified of the revocation of the POST form. (2) Cancel the POST form that is being revoked by conspicuously noting in the declarant's medical records that the declarant's POST form has been voided. (3) Notify any health care personnel responsible for the care of the declarant of the revocation of the POST form. (4) Notify the physician, advanced practice registered nurse, or physician assistant who signed the POST form of the revocation through the contact information for the physician, advanced practice registered nurse, or physician assistant indicated on the form. As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.14; P.L.10-2019, SEC.76; P.L.86-2023, SEC.14.

Ind. Code § 16-36-6-12 Alternative treatment request allowed

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. (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.

Ind. Code § 16-36-6-13 Petition for relief; court authority

Sec. 13. (a) A health care provider, a health care facility, or an interested person that believes that following the medical orders set forth in the POST form will result in care or treatment, or the withholding of care or treatment, that: (1) is inconsistent with the declarant's known preferences; or (2) in the absence of the declarant's known preferences, is not in the declarant's best interest; may seek relief under IC 16-36-1-8 by petitioning the probate court in the county where the declarant is located. (b) If, in a proceeding sought under subsection (a), a probate court determines that following the medical orders in the declarant's POST form will result in care or treatment, or the withholding or withdrawal of care or treatment, that: (1) is inconsistent with the declarant's known preferences; or (2) in the absence of the declarant's known preferences, is not in the declarant's best interest; the probate court may order any of the relief available under IC 16-36-1-8. As added by P.L.164-2013, SEC.8. Amended by P.L.81-2015, SEC.14.

Ind. Code § 16-36-6-14 POST form not effective during pregnancy

Sec. 14. A declarant's executed POST form has no effect during the declarant's pregnancy if the declarant is known to be pregnant. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-15 Medical orders in POST form effective in all settings; noncompliance; contrary care not required; discussion of order requirement; transfer of care

Sec. 15. (a) Except as otherwise provided in this chapter, the medical orders included in a POST form executed under this chapter are effective in all settings. A health care provider shall comply with a declarant's POST form that is apparent and immediately available to the provider unless the provider: (1) believes the POST form was not validly executed under this chapter; (2) believes in good faith that the declarant, the representative, a proxy, or another individual at the request of the declarant, representative, or proxy has revoked the POST form as provided in section 11 of this chapter; (3) believes in good faith that the declarant, representative, or a proxy has made a request for alternative treatment as provided in section 12 of this chapter; (4) believes it would be medically inappropriate to provide the intervention included in the declarant's POST form; or (5) has religious or moral beliefs that conflict with the POST form. (b) A health care provider is not required to provide medical treatment that is contrary to a declarant's POST form that has been executed in accordance with this chapter. (c) If a declarant is capable of making health care decisions, the declarant's treating physician, advanced practice registered nurse, or physician assistant, before carrying out or implementing a medical order indicated in the declarant's POST form, shall discuss the order with the declarant to reaffirm or amend the order on the POST form. For purposes of this subsection, a minor who is not authorized to consent to health care under IC 16-36-1-3(a)(2) is not capable of consenting to health care. This subsection applies regardless of whether the POST form was signed by the declarant or representative. (d) A health care provider who is unable to implement or carry out the orders of a POST form shall transfer care of the declarant to another health care provider who is able to implement or carry out the orders. However, a health care provider who refuses to implement the medical orders included in an executed POST form is not required to transfer care of the declarant if any of the circumstances in subsection (a)(1) through (a)(4) have occurred. (e) The treating physician, advanced practice registered nurse, or physician assistant is responsible for coordinating the transfer of care of a declarant in the circumstances in subsection (d). If the treating physician, advanced practice registered nurse, or physician assistant, after a reasonable attempt, is unable to find a physician, advanced practice registered nurse, or physician assistant willing to implement or carry out the medical orders included in the declarant's POST form, the treating physician, advanced practice registered nurse, or physician assistant may decline to implement or carry out the medical orders. (f) If, under this section, the treating physician, advanced practice registered nurse, or physician assistant does not transfer a declarant or implement the medical orders included in the declarant's POST form and the declarant is competent, the treating physician, advanced practice registered nurse, or physician assistant shall attempt to ascertain the declarant's preferences for medical care by discussing the preferences with the declarant. If the declarant is incompetent to act, the treating physician, advanced practice registered nurse, or physician assistant shall attempt to ascertain the declarant's preferences for medical care by consulting with the following individuals: (1) The treating physician, advanced practice registered nurse, or physician assistant shall consult with any representative who is available, willing, and competent to act. (2) If the declarant does not have a representative or if a representative is not available, willing, and competent to act, the treating physician, advanced practice registered nurse, or physician assistant shall consult with any of the following individuals who are available, willing, and competent to act: (A) A proxy for the declarant who is reasonably available, willing, and competent to act and who has the highest priority under IC 16-36-7-42(c). (B) If no proxy for the declarant is reasonably available, willing, or competent to act, another individual with firsthand knowledge of the declarant's intentions. (g) An individual described in subsection (f) shall act according to the declarant's intentions, if known, or in the best interest of the declarant. (h) The physician, advanced practice registered nurse, or physician assistant shall list the names of the individuals described in subsection (f) who were consulted and the information received by the individuals in the declarant's medical record. As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.16; P.L.10-2019, SEC.78; P.L.86-2023, SEC.16.

Ind. Code § 16-36-6-16 Good faith and medical standards; immunity from civil and criminal liability; presumption of compliance

Sec. 16. (a) A: (1) health care provider; (2) health care facility; or (3) health entity; or an employee under the direction of a person described in subdivisions (1) through (3) that acts in good faith and in accordance with reasonable medical standards to carry out the orders on a POST form, including a medical order for the withholding or withdrawal of life prolonging procedures, is not subject to criminal or civil liability and may not be found to have committed an act of unprofessional conduct. (b) A health care provider may presume in the absence of actual notice or evidence to the contrary that a POST form executed in compliance with this chapter is valid and enforceable. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-17 No modification or alteration of practice of medicine or nursing; prohibition on medically inappropriate treatment

Sec. 17. (a) This chapter may not be construed to modify or alter any applicable laws, ethics, standards, or protocols for the practice of medicine or nursing, including section 19 of this chapter concerning euthanasia. (b) A POST form may not be construed to compel or authorize a health care provider or health care facility to administer medical treatment that is medically inappropriate or prohibited by state or federal law. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-18 Death not considered suicide; prohibition on compelling completion of POST form; legal rights not superseded; POST form voluntary

Sec. 18. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with a declarant's POST form does not constitute a suicide. (b) A person may not require an individual to complete a POST form as a condition of receiving health care services. (c) This chapter does not impair or supersede any legal right or legal responsibility that an individual may have to effect the provision, withholding, or withdrawing of care or treatment, including the withholding or withdrawal of life prolonging procedures, in a lawful manner. (d) Use of a POST form is voluntary. If an individual refuses to complete a POST form, a person described in section 16(a) of this chapter shall document the refusal in the individual's medical records and may not ask the individual again to complete a POST form unless: (1) required to do so by: (A) state or federal law or regulation; or (B) national accrediting entity standards; or (2) a significant change in condition that is documented in the individual's medical record has occurred. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-19 No authorization of euthanasia

Sec. 19. This chapter does not authorize euthanasia or any affirmative or deliberate act or omission to end life other than to permit the natural process of dying. As added by P.L.164-2013, SEC.8.

Ind. Code § 16-36-6-20 Execution or revocation of POST form does not affect other legal documents or authority

Sec. 20. The execution or revocation of a POST form by or for a qualified person does not revoke or impair the validity of any of the following: (1) A power of attorney that is executed by a qualified person when the qualified person is competent. (2) Health care powers that are granted to an attorney in fact under IC 30-5-5-16 or IC 30-5-5-17. (3) An appointment of a health care representative that is executed by a qualified person, except to the extent that the POST form contains a superseding appointment of a new health care representative under section 9(b)(7) of this chapter. (4) The authority of a health care representative under IC 16-36-1-7 or IC 16-36-7 to consent to health care on behalf of the qualified person. (5) The authority of an attorney in fact holding health care powers under IC 30-5-5-16 or IC 30-5-5-17 to issue and enforce instructions under IC 30-5-7 concerning the qualified person's health care. As added by P.L.164-2013, SEC.8. Amended by P.L.2-2014, SEC.78; P.L.50-2021, SEC.62.

Ind. Code § 16-36-6-21 Other state's POST form; website list or link

Sec. 21. (a) A physician order for scope of treatment document that was executed by a qualified person in another state may be honored if the following conditions are met: (1) The physician order for scope of treatment document is on a form prepared by a state agency and was executed according to the laws and rules of that state. (2) A: (A) licensed physician, advanced practice registered nurse, or physician assistant; and (B) qualified person or representative; have signed and dated the physician order for scope of treatment document. (3) The physician order for scope of treatment document is in English. (b) The state department shall maintain on the state department's website a list of, or a website link to, each state that may honor a POST form. As added by P.L.67-2018, SEC.17. Amended by P.L.10-2019, SEC.79; P.L.23-2026, SEC.146.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026