Sec. 19. (a) A health care provider shall withhold or discontinue CPR to a patient in an out of hospital location if the health care provider has actual knowledge of:

(1) an original or a copy of a signed out of hospital DNR declaration and order executed by the patient; or

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Terms Used In Indiana Code 16-36-5-19

  • 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
  • declarant: means a person:

    Indiana Code 16-36-5-3

  • DNR: means do not resuscitate. See Indiana Code 16-36-5-4
  • 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
  • presence: means a process of signing and witnessing a DNR declaration in which:

    Indiana Code 16-36-5-7.7

(2) an out of hospital DNR identification device worn by the patient or in the patient’s possession.

     (b) A health care provider shall disregard an out of hospital DNR declaration and order and perform CPR if:

(1) the declarant is conscious and states a desire for resuscitative measures;

(2) the health care provider believes in good faith that the out of hospital DNR declaration and order has been revoked;

(3) the health care provider is ordered by the attending physician, advanced practice registered nurse, or physician assistant to disregard the out of hospital DNR declaration and order; or

(4) the health care provider believes in good faith that the out of hospital DNR declaration and order must be disregarded to avoid verbal or physical confrontation at the scene.

     (c) A health care provider transporting a declarant shall document on the transport form:

(1) the presence of an out of hospital DNR declaration and order;

(2) the attending physician’s, advanced practice registered nurse’s, or physician assistant’s name; and

(3) the date the out of hospital DNR declaration and order was signed.

     (d) An out of hospital DNR identification device must accompany a declarant whenever the declarant is transported.

As added by P.L.148-1999, SEC.12. Amended by P.L.50-2021, SEC.56.

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