(a)Except as otherwise provided in this
chapter, the medical orders included in a POST form executed under
this chapter are effective in all settings. A health care provider shall
comply with a declarant's POST form that is apparent and immediately
available to the provider unless the provider:
(1)believes the POST form was not validly executed under this
chapter;
(2)believes in good faith that the declarant, the representative, a
proxy, or another individual at the request of the declarant,
representative, or proxy has revoked the POST form as provided
in section 11 of this chapter;
(3)believes in good faith that the declarant, representative, or a
proxy has made a request for alternative treatment as provided in
section 12 of this chapter;
(4)believes it would be medically inappropr
Free access — add to your briefcase to read the full text and ask questions with AI
(a) Except as otherwise provided in this
chapter, the medical orders included in a POST form executed under
this chapter are effective in all settings. A health care provider shall
comply with a declarant's POST form that is apparent and immediately
available to the provider unless the provider:
(1) believes the POST form was not validly executed under this
chapter;
(2) believes in good faith that the declarant, the representative, a
proxy, or another individual at the request of the declarant,
representative, or proxy has revoked the POST form as provided
in section 11 of this chapter;
(3) believes in good faith that the declarant, representative, or a
proxy has made a request for alternative treatment as provided in
section 12 of this chapter;
(4) believes it would be medically inappropriate to provide the
intervention included in the declarant's POST form; or
(5) has religious or moral beliefs that conflict with the POST
form.
(b) A health care provider is not required to provide medical
treatment that is contrary to a declarant's POST form that has been
executed in accordance with this chapter.
(c) If a declarant is capable of making health care decisions, the
declarant's treating physician, advanced practice registered nurse, or
physician assistant, before carrying out or implementing a medical
order indicated in the declarant's POST form, shall discuss the order
with the declarant to reaffirm or amend the order on the POST form.
For purposes of this subsection, a minor who is not authorized to
consent to health care under IC 16-36-1-3(a)(2) is not capable of
consenting to health care. This subsection applies regardless of whether
the POST form was signed by the declarant or representative.
(d) A health care provider who is unable to implement or carry out
the orders of a POST form shall transfer care of the declarant to another
health care provider who is able to implement or carry out the orders.
However, a health care provider who refuses to implement the medical
orders included in an executed POST form is not required to transfer
care of the declarant if any of the circumstances in subsection (a)(1)
through (a)(4) have occurred.
(e) The treating physician, advanced practice registered nurse, or
physician assistant is responsible for coordinating the transfer of care
of a declarant in the circumstances in subsection (d). If the treating
physician, advanced practice registered nurse, or physician assistant,
after a reasonable attempt, is unable to find a physician, advanced
practice registered nurse, or physician assistant willing to implement
or carry out the medical orders included in the declarant's POST form,
the treating physician, advanced practice registered nurse, or physician
assistant may decline to implement or carry out the medical orders.
(f) If, under this section, the treating physician, advanced practice
registered nurse, or physician assistant does not transfer a declarant or
implement the medical orders included in the declarant's POST form
and the declarant is competent, the treating physician, advanced
practice registered nurse, or physician assistant shall attempt to
ascertain the declarant's preferences for medical care by discussing the
preferences with the declarant. If the declarant is incompetent to act,
the treating physician, advanced practice registered nurse, or physician
assistant shall attempt to ascertain the declarant's preferences for
medical care by consulting with the following individuals:
(1) The treating physician, advanced practice registered nurse, or
physician assistant shall consult with any representative who is
available, willing, and competent to act.
(2) If the declarant does not have a representative or if a
representative is not available, willing, and competent to act, the
treating physician, advanced practice registered nurse, or
physician assistant shall consult with any of the following
individuals who are available, willing, and competent to act:
(A) A proxy for the declarant who is reasonably available,
willing, and competent to act and who has the highest priority
under IC 16-36-7-42(c).
(B) If no proxy for the declarant is reasonably available,
willing, or competent to act, another individual with firsthand
knowledge of the declarant's intentions.
(g) An individual described in subsection (f) shall act according to
the declarant's intentions, if known, or in the best interest of the
declarant.
(h) The physician, advanced practice registered nurse, or physician
assistant shall list the names of the individuals described in subsection
(f) who were consulted and the information received by the individuals
in the declarant's medical record.