§ 16-36-5-7.7 — "Presence"

Indiana § 16-36-5-7.7

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 36: MEDICAL CONSENT
• Ch. 5: Out of Hospital Do Not Resuscitate Declarations

Text

7. As used in this chapter, and with respect to
a declarant, witness, or other person who signs or participates in the
signing of an out of hospital DNR declaration under this chapter,
"presence" means a process of signing and witnessing a DNR
declaration in which:
(1) the declarant and witness are:
(A) directly present with each other in the same physical space;
(B) able to interact with each other in real time through use of
any audiovisual communications technology now known or
later developed; or
(C) able to speak to and hear each other in real time through
telephonic interaction;
(2) the:
(A) identity of the declarant is personally known to all
witnesses;
(B) witnesses are able to view a government issued,
photographic identification of the declarant; or
(C) witnesses are 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 witnesses; and
(3) each witness is able to interact with the declarant and each
other when observing or hearing in real time, as applicable:
(A) the declarant's expression of intent to execute an out of
hospital DNR declaration under this chapter;
(B) the declarant's actions in executing or directing the
execution of the out of hospital DNR declaration under this
chapter; and
(C) the actions of the declarant and all other witnesses when
signing the out of hospital DNR declaration.
The term includes the use of technology or learned skills for the
purpose of assisting with hearing, eyesight, and speech or for the
purpose of compensating for a hearing, eyesight, or speech impairment.

Legislative History

As added by P.L.50-2021, SEC.44. Amended by P.L.9-2022, SEC.30; P.L.36-2022, SEC.3.