CHAPTER 1.7. PSYCHIATRIC ADVANCE DIRECTIVES

IC 16-36-1.7
    Chapter 1.7. Psychiatric Advance Directives

IC 16-36-1.7-0.5
Inapplicability to certain mentally ill individuals
    Sec. 0.5. This chapter does not apply when an individual isdetained or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, orIC 12-26-7.
As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-1
"Psychiatric advance directive" defined
    Sec. 1. As used in this chapter, "psychiatric advance directive"means a written instrument that expresses the individual's preferenceand consent to the administration of treatment measures for a specificdiagnosis for the care and treatment of the individual's mental illnessduring subsequent periods of incapacity.
As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-2
Requirement to execute a directive; information required;compliance
    Sec. 2. (a) An individual who has capacity may execute apsychiatric advance directive.
    (b) The psychiatric advance directive must include the following:
        (1) The name of the individual entering into the psychiatricadvance directive.
        (2) The name of the treatment program and the sponsoringfacility or institution in which the individual is enrolled, ifapplicable.
        (3) The name, address, and telephone number of:
            (A) the individual's treating physician; or
            (B) other treating mental health personnel.
        (4) The signature of the individual entering into the psychiatricadvance directive.
        (5) The date on which the individual signed the psychiatricadvance directive.
        (6) The name, address, and telephone number of the designatedhealth care representative.
        (7) The signature of the psychiatrist treating the individualentering into the psychiatric advance directive, attesting to:
            (A) the appropriateness of the individual's preferences statedin the psychiatric advance directive; and
            (B) the capacity of the individual entering into thepsychiatric advance directive.
    (c) The psychiatric advance directive must comply with and issubject to the requirements and provisions of IC 16-36-1.
As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-3 Specifications by individuals
    Sec. 3. An individual may specify in the psychiatric advancedirective treatment measures, including:
        (1) admission to an inpatient setting;
        (2) the administration of prescribed medication:
            (A) orally; or
            (B) by injection;
        (3) physical restraint;
        (4) seclusion;
        (5) electroconvulsive therapy; or
        (6) mental health counseling;
for the care and treatment of the individual's mental illness during aperiod when the individual is incapacitated.
As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-4
Liability
    Sec. 4. A person who:
        (1) treats an individual who has executed a psychiatric advancedirective; and
        (2) is not aware that the individual being treated has executeda valid psychiatric advance directive;
is not subject to civil or criminal liability based on an allegation thatthe person did not comply with the psychiatric advance directive.
As added by P.L.16-2004, SEC.3.

IC 16-36-1.7-5
Treatment by attending physician
    Sec. 5. This chapter does not preclude an attending physicianfrom treating the patient in a manner that is of the best interest of thepatient or another individual.
As added by P.L.16-2004, SEC.3.