2019 Indiana Code
Title 16. Health
Article 36. Medical Consent
Chapter 6. Physician Order for Scope of Treatment (Post)
16-36-6-15. Medical orders in POST form effective in all settings; noncompliance; contrary care not required; discussion of order requirement; transfer of care
Sec. 15. (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, or another individual at the request of the declarant or representative has revoked the POST form as provided in section 11 of this chapter;
(3) believes in good faith that the declarant or representative 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) The declarant's spouse.
(B) An adult child of the declarant, or, if the declarant has more than one (1) adult child, a majority of the children who are reasonably available for consultation.
(C) A parent of the declarant.
(D) An adult sibling of the declarant, or, if the declarant has more than one (1) adult sibling, a majority of the siblings who are reasonably available for consultation.
(E) An 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.
As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.16; P.L.10-2019, SEC.78.
