Sec. 40. (a) A health care provider or other person who acts in good faith reliance on an advance directive or on a health care decision made by a health care representative with apparent authority is immune from liability to the declarant and to the declarant’s heirs or other successors in interest to the same extent as if the health care provider or other person had dealt directly with the declarant and if the declarant had been competent and not incapacitated.

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Terms Used In Indiana Code 16-36-7-40

  • 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 decision: means the following:

    Indiana Code 16-36-7-10

  • 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

     (b) A health care provider is not responsible for determining the validity of an advance directive.

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

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