§ 16-36-4-13 — Certification of qualified patient; procedure where physician refuses to honor declaration

(a) The attending physician shall
immediately certify in writing that a person is a qualified patient if the
following conditions are met:
(1) The attending physician has diagnosed the patient as having
a terminal condition.
(2) The patient has executed a living will declaration or a life
prolonging procedures will declaration in accordance with this
chapter and was of sound mind at the time of the execution.
(b) The attending physician shall include a copy of the certificate in
the patient's medical records.
(c) It is lawful for the attending physician to withhold or withdraw
life prolonging procedures from a qualified patient if that patient
properly executed a living will declaration under this chapter.
(d) A health care provider or an employee under the direction of a
health care provider who:
(1) in good faith; and
(2) in accordance with reasonable medical standards;
participates in the withholding or withdrawal of life prolonging
procedures from a qualified patient who has executed a living will
declaration in accordance with this chapter is not subject to criminal or
civil liability and may not be found to have committed an act of
unprofessional conduct.
(e) An attending physician who refuses to use, withhold, or
withdraw life prolonging procedures from a qualified patient shall
transfer the qualified patient to another physician who will honor the
patient's living will declaration or life prolonging procedures will
declaration unless:
(1) the physician has reason to believe the declaration was not
validly executed or there is evidence that the patient no longer
intends the declaration to be enforced; and
(2) the patient is presently unable to validate the declaration.
(f) If the attending physician, after reasonable investigation, finds
no other physician willing to honor the patient's declaration, the
attending physician may refuse to withhold or withdraw life prolonging
procedures.
(g) If the attending physician does not transfer a patient for the
reason set forth in subsection (e), the physician shall attempt to
ascertain the patient's intention and attempt to determine the validity of
the declaration by consulting with any of the following individuals who
are reasonably available, willing, and competent to act:
(1) The judicially appointed guardian of the person of the patient
if one has been appointed. This subdivision does not require the
appointment of a guardian so that a treatment decision can be
made under this section.
(2) The person or persons designated by the patient in writing to
make the treatment decision.
(3) The patient's spouse.
(4) An adult child of the patient or, if the patient has more than
one (1) adult child, by a majority of the children who are
reasonably available for consultation.
(5) The parents of the patient.
(6) An adult sibling of the patient or, if the patient has more than
one (1) adult sibling, by a majority of the siblings who are
reasonably available for consultation.
(7) The patient's clergy or others with firsthand knowledge of the
patient's intention.
The individuals described in subdivisions (1) through (7) shall act in
the best interest of the patient and shall be guided by the patient's
express or implied intentions, if known.
(h) The physician shall list the names of the individuals described
in subsection (g) who were consulted and the information received in
the patient's medical records.
(i) If the attending physician determines from the information
received under subsection (g) that the qualified patient intended to
execute a valid living will declaration, the physician may either:
(1) withhold or withdraw life prolonging procedures, with the
concurrence of one (1) other physician, as documented in the
patient's medical records; or
(2) request a court of competent jurisdiction to appoint a guardian
for the patient to make the consent decision on behalf of the
patient.
[Pre-1993 Recodification Citation: 16-8-11-14.]

Legislative History

As added by P.L.2-1993, SEC.19. Amended by P.L.99-1994, SEC.3.