Sec. 1. (a) A death as a result of the withholding or withdrawal of life prolonging procedures in accordance with:

(1) a declarant‘s advance directive; or

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Terms Used In Indiana Code 16-36-7-1

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

    Indiana Code 16-36-7-2

  • declarant: means a competent adult who has executed an advance directive. See Indiana Code 16-36-7-4
  • 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 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
(2) any provision of this chapter;

does not constitute a suicide.

     (b) This chapter does not authorize euthanasia or any affirmative or deliberate act or omission to end life other than to permit the natural process of dying.

     (c) This chapter does not establish the only legal means that an individual may use to:

(1) communicate or confirm the individual’s desires or preferences to receive or refuse life prolonging treatment or other health care; or

(2) give one (1) or more other persons authority to consent to health care or make health care decisions on the individual’s behalf.

     (d) This chapter does not affect the consent provisions set forth in:

(1) IC 16-34; or

(2) IC 16-36-1-3.5.

     (e) This chapter does not modify any requirements or procedures under IC 33-42 concerning the performance of valid notarial acts.

     (f) Nothing in this chapter prohibits a health care provider from relying on a document that:

(1) is signed by an adult who has not been determined to be incapacitated; and

(2) in the context of the relevant circumstances, clearly communicates the individual’s intention to give one (1) or more specified persons authority to consent to health care or make health care decisions on the individual’s behalf.

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