§ 16-36-6-11 — Revocation of POST form; effectiveness; notification

Indiana § 16-36-6-11

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 36: MEDICAL CONSENT
• Ch. 6: Physician Order for Scope of Treatment (POST)

Text

(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.

Legislative History

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.