§ 16-36-5-11 — Execution of declaration

(a) A person who is of sound mind and at
least eighteen (18) years of age may execute an out of hospital DNR
declaration.
(b) A person's representative may execute an out of hospital DNR
declaration for the person under this chapter only if the person is:
(1) at least eighteen (18) years of age; and
(2) incapacitated or incompetent.
(c) If:
(1) a person is at least eighteen (18) years of age and is certified
as a qualified person under section 10 of this chapter;
(2) the person is incapacitated or incompetent; and
(3) the person has no representative who is able and available to
execute an out of hospital DNR declaration for the person;
then any individual who is the person's proxy under IC 16-36-7-42(c)
and who is available to act and has priority to act may execute an out
of hospital DNR declaration for the person.
(d) An out of hospital DNR declaration must meet the following
conditions:
(1) Be voluntary.
(2) Be in writing.
(3) Be signed by the person making the declaration or by another
person in the declarant's presence and at the declarant's express
direction.
(4) Be dated.
(5) Be signed in the presence of at least two (2) competent
witnesses.
(e) If the requirements concerning presence are met, a competent
declarant and all necessary witnesses may complete and sign an out of
hospital DNR declaration in two (2) or more tangible, paper
counterparts with the declarant's signature placed on one (1) original
counterpart and the signatures of the witnesses placed on one (1) or
more different tangible, paper counterparts if the text of the out of
hospital DNR declaration states that the declaration is being signed in
separate counterparts. If an out of hospital DNR declaration is signed
in counterparts under this subsection, one (1) or more of the following
persons must combine each of the separately signed tangible, paper
counterparts into a single composite document that contains all of the
text of the out of hospital DNR declaration, the signature of the
declarant, and the signature of each witness:
(1) The declarant.
(2) A health care representative who has been appointed by the
declarant under subsection (b).
(3) A proxy acting for the declarant under subsection (c).
(4) A person who supervised the signing of the out of hospital
DNR declaration in the person's presence.
(5) Any other person who was present during the signing of the
out of hospital DNR declaration.
The person who combines the separately signed counterparts into a
single composite document must do so not later than ten (10) business
days after the person receives all of the separately signed tangible,
paper counterparts. Any scanned, photocopied, or other accurate copy
of the single, composite document shall be treated as validly signed
under this subsection if the single, composite document contains the
complete text of the out of hospital DNR declaration and all required
signatures.
(f) If physical impairment, physical isolation, or other factors make
it impossible or impractical for a declarant to use audiovisual
technology to interact with witnesses or to otherwise comply with the
requirements concerning presence as defined in section 7.7 of this
chapter, the declarant and the witnesses may use telephonic interaction
to witness and sign an out of hospital DNR declaration. A potential
witness may not, however, be compelled to only use telephonic
interaction when participating in the signing or witnessing of an out of
hospital DNR declaration under this subsection. If an out of hospital
DNR declaration is signed using telephonic interaction under this
subsection:
(1) the:
(A) identity of the declarant must be personally known to the
witness;
(B) witness must be able to view a government issued,
photographic identification of the declarant; or
(C) witness must be able to ask any question of the declarant
that:
(i) authenticates the identity of the declarant; and
(ii) establishes the capacity and sound mind of the declarant
to the satisfaction of the witness;
(2) the text of the declaration must specify that the declarant and
witnesses used telephonic interaction throughout the witnessing
and signing process of the out of hospital DNR declaration; and
(3) the out of hospital DNR declaration is presumed valid if it
specifies that the declarant and the witnesses witnessed and
signed the declaration in compliance with Indiana law.
A health care provider or person who disputes the validity of an out of
hospital DNR declaration described under this subsection has the
burden of proving the invalidity of the declaration or noncompliance
with this subsection, as applicable, by a preponderance of the evidence.
(g) An out of hospital DNR declaration must be issued on the form
specified in section 15 of this chapter.

Legislative History

As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.49; P.L.9-2022, SEC.31; P.L.36-2022, SEC.4; P.L.86-2023, SEC.4.