§ 16-36-6-12 — Alternative treatment request allowed

Indiana § 16-36-6-12

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

Text

(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.

Legislative History

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.