Sec. 18. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with a declarant‘s POST form does not constitute a suicide.

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Terms Used In Indiana Code 16-36-6-18

  • declarant: means a qualified person:

    Indiana Code 16-36-6-2

  • 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
  • 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
     (b) A person may not require an individual to complete a POST form as a condition of receiving health care services.

     (c) This chapter does not impair or supersede any legal right or legal responsibility that an individual may have to effect the provision, withholding, or withdrawing of care or treatment, including the withholding or withdrawal of life prolonging procedures, in a lawful manner.

     (d) Use of a POST form is voluntary. If an individual refuses to complete a POST form, a person described in section 16(a) of this chapter shall document the refusal in the individual’s medical records and may not ask the individual again to complete a POST form unless:

(1) required to do so by:

(A) state or federal law or regulation; or

(B) national accrediting entity standards; or

(2) a significant change in condition that is documented in the individual’s medical record has occurred.

As added by P.L.164-2013, SEC.8.

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