§ 16-36-7-37 — Advance directive made part of medical records; capacity; compliance with decisions by health care representative

(a) A health care provider furnished with a
copy of a declarant's advance directive shall make the declarant's
advance directive a part of the declarant's medical records. If a change
in or termination of the advance directive becomes known to the health
care provider, the change or termination must be noted in the
declarant's medical records.
(b) If a health care provider believes that an individual may lack the
capacity to give informed consent to health care, then, until the
individual is determined to have capacity under section 35 of this
chapter, the health care provider shall consult with:
(1) a health care representative designated by the declarant; or
(2) if a health care representative has not been designated or if a
health care representative is not reasonably available to act, a
proxy under section 42 of this chapter;
who has authority and priority to act and who is reasonably available
to act.
(c) Subject to the right of a competent declarant to directly make
and communicate health care decisions for the declarant and to rescind
a health care decision by a health care representative who is designated
in an advance directive, the following conditions apply:
(1) A health care provider may continue to administer treatment
for the declarant's comfort, care, or the alleviation of pain in
addition to treatment made under the decision of the health care
representative.
(2) Subject to subdivision (3), a health care provider shall comply
with a health care decision made by a health care representative
if the decision is communicated to the provider.
(3) If a health care provider is unwilling to comply with a health
care decision made by a health care representative, the provider
shall do the following:
(A) Notify the health care representative of the health care
provider's unwillingness to comply with the decision.
(B) Promptly take all steps necessary to transfer the
responsibility for the declarant's health care to another health
care provider designated by the health care representative.
However, a health care provider who takes steps for a transfer
does not have a duty to look for or identify another health care
provider who will accept the declarant.
However, if a health care provider is unwilling to comply with a
health care decision made by a health care representative, and the
declarant's health condition would make transfer of the declarant
untenable or unadvisable, this subsection does not prohibit the
health care provider from following the health care provider's
dispute resolution procedure with the objective of reaching a
decision in the best interest of the declarant.

Legislative History

As added by P.L.50-2021, SEC.63.