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 is
detained or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, or
IC 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 preference
and consent to the administration of treatment measures for a specific
diagnosis for the care and treatment of the individual's mental illness
during 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 a
psychiatric advance directive.
(b) The psychiatric advance directive must include the following:
(1) The name of the individual entering into the psychiatric
advance directive.
(2) The name of the treatment program and the sponsoring
facility or institution in which the individual is enrolled, if
applicable.
(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 psychiatric
advance directive.
(5) The date on which the individual signed the psychiatric
advance directive.
(6) The name, address, and telephone number of the designated
health care representative.
(7) The signature of the psychiatrist treating the individual
entering into the psychiatric advance directive, attesting to:
(A) the appropriateness of the individual's preferences stated
in the psychiatric advance directive; and
(B) the capacity of the individual entering into the
psychiatric advance directive.
(c) The psychiatric advance directive must comply with and is
subject 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 advance
directive 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 a
period 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 advance
directive; and
(2) is not aware that the individual being treated has executed
a valid psychiatric advance directive;
is not subject to civil or criminal liability based on an allegation that
the 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 physician
from treating the patient in a manner that is of the best interest of the
patient or another individual. As added by P.L.16-2004, SEC.3.
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 is
detained or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, or
IC 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 preference
and consent to the administration of treatment measures for a specific
diagnosis for the care and treatment of the individual's mental illness
during 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 a
psychiatric advance directive.
(b) The psychiatric advance directive must include the following:
(1) The name of the individual entering into the psychiatric
advance directive.
(2) The name of the treatment program and the sponsoring
facility or institution in which the individual is enrolled, if
applicable.
(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 psychiatric
advance directive.
(5) The date on which the individual signed the psychiatric
advance directive.
(6) The name, address, and telephone number of the designated
health care representative.
(7) The signature of the psychiatrist treating the individual
entering into the psychiatric advance directive, attesting to:
(A) the appropriateness of the individual's preferences stated
in the psychiatric advance directive; and
(B) the capacity of the individual entering into the
psychiatric advance directive.
(c) The psychiatric advance directive must comply with and is
subject 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 advance
directive 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 a
period 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 advance
directive; and
(2) is not aware that the individual being treated has executed
a valid psychiatric advance directive;
is not subject to civil or criminal liability based on an allegation that
the 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 physician
from treating the patient in a manner that is of the best interest of the
patient or another individual. As added by P.L.16-2004, SEC.3.
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 is
detained or committed under IC 12-26-4, IC 12-26-5, IC 12-26-6, or
IC 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 preference
and consent to the administration of treatment measures for a specific
diagnosis for the care and treatment of the individual's mental illness
during 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 a
psychiatric advance directive.
(b) The psychiatric advance directive must include the following:
(1) The name of the individual entering into the psychiatric
advance directive.
(2) The name of the treatment program and the sponsoring
facility or institution in which the individual is enrolled, if
applicable.
(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 psychiatric
advance directive.
(5) The date on which the individual signed the psychiatric
advance directive.
(6) The name, address, and telephone number of the designated
health care representative.
(7) The signature of the psychiatrist treating the individual
entering into the psychiatric advance directive, attesting to:
(A) the appropriateness of the individual's preferences stated
in the psychiatric advance directive; and
(B) the capacity of the individual entering into the
psychiatric advance directive.
(c) The psychiatric advance directive must comply with and is
subject 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 advance
directive 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 a
period 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 advance
directive; and
(2) is not aware that the individual being treated has executed
a valid psychiatric advance directive;
is not subject to civil or criminal liability based on an allegation that
the 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 physician
from treating the patient in a manner that is of the best interest of the
patient or another individual. As added by P.L.16-2004, SEC.3.
