Terms Used In Indiana Code > Title 16 > Article 36 - Medical Consent

• advance directive: means a written declaration of a declarant who:

  Indiana Code 16-36-7-2

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• appropriate facility: has the meaning set forth in IC 12-7-2-82(3). See Indiana Code 16-36-3-1
• Arrest: Taking physical custody of a person by lawful authority.
• attending: means the physician, advanced practice registered nurse, or physician assistant who has the primary responsibility for the treatment and care of the patient. See Indiana Code 16-36-5-1.1
• best interests: means the promotion of the individual's welfare, based on consideration of material factors, including relief of suffering, preservation or restoration of function, and quality of life. See Indiana Code 16-36-7-3
• consent: means authorization to provide, withhold, or withdraw treatment. See Indiana Code 16-36-6-1
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• declarant: means a person:

  Indiana Code 16-36-5-3

• declarant: means a qualified person:

  Indiana Code 16-36-6-2

• declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
• declaration: means a written document, voluntarily executed by a declarant for the declarant under section 28 of this chapter. See Indiana Code 16-36-7-5
• Dependent: A person dependent for support upon another.
• DNR: means do not resuscitate. See Indiana Code 16-36-5-4
• electronic: has the meaning set forth in IC 26-2-8-102(7). See Indiana Code 16-36-7-6
• electronic record: has the meaning set forth in IC 26-2-8-102(9). See Indiana Code 16-36-7-7
• electronic signature: has the meaning set forth in IC 26-2-8-102(10). See Indiana Code 16-36-7-8
• Fraud: Intentional deception resulting in injury to another.
• fund: refers to the rural broadband fund established by section 11 of this chapter. See Indiana Code 4-4-38.5-5
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• health care: means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. See Indiana Code 16-36-1-1
• health care: means any care, treatment, service, supplies, or procedure to maintain, diagnose, or treat an individual's physical or mental condition, including preventive, therapeutic, rehabilitative, maintenance, or palliative care, and counseling. See Indiana Code 16-36-7-9
• health care decision: means the following:

  Indiana Code 16-36-7-10

• health care facility: includes the following:

  Indiana Code 16-36-7-11

• health care provider: means any person licensed, certified, or authorized by law to administer health care in the ordinary course of business or practice of a profession. See Indiana Code 16-36-7-12
• health care representative: means a competent adult or other person designated by a declarant in an advance directive to:

  Indiana Code 16-36-7-13

• health information: has the meaning set forth in Indiana Code 16-36-7-14
• in the presence of: has the meaning set forth in section 7. See Indiana Code 16-36-5-4.3
• incapacitated: has the meaning set forth in IC 16-36-7-15. See Indiana Code 16-36-5-4.2
• informed consent: means consent voluntarily given by an individual after a sufficient explanation and disclosure of the subject matter involved to enable that individual to have a general understanding of the treatment or procedure and the medically acceptable alternatives, including the substantial risks and hazards inherent in the proposed treatment or procedure, and to make a knowing health care decision without coercion or undue influence. See Indiana Code 16-36-7-16
• Intestate: Dying without leaving a will.
• Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• life prolonging procedures will declarant: means a person who has executed a life prolonging procedures will declaration under section 11 of this chapter. See Indiana Code 16-36-4-2
• living will declarant: means a person who has executed a living will declaration under section 10 of this chapter. See Indiana Code 16-36-4-3
• medical record: means written or printed information possessed by a provider (as defined in IC 16-18-2-295) concerning any diagnosis, treatment, or prognosis of the patient, unless otherwise defined. See Indiana Code 1-1-4-5
• mental health provider: means any of the following:

  Indiana Code 16-36-1.5-2

• Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5
• minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
• notarial officer: means a person who is authorized under IC 33-42-9-7 to perform a notarial act (as defined in Indiana Code 16-36-7-17
• observe: means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. See Indiana Code 16-36-7-18
• office: refers to the office of community and rural affairs established by Indiana Code 4-4-38.5-6
• out of hospital: refers to a location other than an acute care hospital licensed under IC 16-21-2. See Indiana Code 16-36-5-5
• out of hospital DNR declaration and order: means a document executed under sections 11 and 12 of this chapter. See Indiana Code 16-36-5-6
• out of hospital DNR identification device: means a device developed by the emergency medical services commission under section 17 of this chapter. See Indiana Code 16-36-5-7
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• patient: means a person who is the recipient of mental health services. See Indiana Code 16-36-1.5-3
• POST form: refers to a physician order for scope of treatment (POST) form developed by the state department under section 9 of this chapter. See Indiana Code 16-36-6-4
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• presence: means a process of signing and witnessing a DNR declaration in which:

  Indiana Code 16-36-5-7.7

• present: has the meaning set forth in section 7. See Indiana Code 16-36-5-7.9
• Probate: Proving a will
• Property: includes personal and real property. See Indiana Code 1-1-4-5
• proxy: has the meaning set forth in IC 16-36-7-20. See Indiana Code 16-36-5-8.1
• proxy: has the meaning set forth in IC 16-36-7-20. See Indiana Code 16-36-6-4.5
• proxy: means a competent adult who:

  Indiana Code 16-36-7-20

• psychiatric advance directive: means a written instrument that expresses the individual's preference and consent to the administration of treatment measures for a specific diagnosis for the care and treatment of the individual's mental illness during subsequent periods of incapacity. See Indiana Code 16-36-1.7-1
• qualified patient: means a patient who has been certified as a qualified patient under section 13 of this chapter. See Indiana Code 16-36-4-4
• qualified person: means an individual certified as a qualified person under section 10 of this chapter. See Indiana Code 16-36-5-8
• qualified person: refers to an individual who has at least one (1) of the following:

  Indiana Code 16-36-6-5

• reasonably available: means a health care representative or proxy for an individual who is:

  Indiana Code 16-36-7-21

• representative: means :

  Indiana Code 16-36-1-2

• representative: means an individual described in section 7(a)(2) of this chapter. See Indiana Code 16-36-6-6
• representative: means a person's:

  Indiana Code 16-36-5-9

• rural area: means :

  Indiana Code 4-4-38.5-7

• sign: includes the valid use of an electronic signature. See Indiana Code 16-36-7-22
• signature: means the authorized use of the name or mark of a declarant or other person to authenticate an electronic record or other writing. See Indiana Code 16-36-7-23
• superintendent: has the meaning set forth in IC 12-7-2-188(3). See Indiana Code 16-36-3-2
• telephonic interaction: means interaction through the use of any technology, now known or later developed, that enables two (2) or more persons to speak to and hear each other in real time, even if one (1) or more persons cannot see each other. See Indiana Code 16-36-7-24
• telephonic interaction: means interaction through the use of any technology, now known or later developed, that enables two (2) or more people to speak to and hear each other in real time even if one (1) or more of the persons cannot see each other. See Indiana Code 16-36-5-9.5
• terminal condition: means a condition caused by injury, disease, or illness from which, to a reasonable degree of medical certainty:

  Indiana Code 16-36-4-5

• Testate: To die leaving a will.
• treating physician: means a licensed physician who is overseeing, directing, or performing health care to an individual at the pertinent time. See Indiana Code 16-36-7-25
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• writing: include the use of any method to inscribe information in or on a tangible medium or to store the information in an electronic or other medium that can retrieve, view, and print the information in perceivable form. See Indiana Code 16-36-7-26