IC 30-5-7
Chapter 7. Duties of Health Care Providers
IC 30-5-7-1 Application of chapter
Sec. 1. This chapter applies to a health care provider with whom
an attorney in fact deals under a power of attorney. As added by P.L.149-1991, SEC.2.
IC 30-5-7-2 Medical records
Sec. 2. (a) A health care provider furnished with a copy of a
declaration under IC 16-36-4 or an appointment under IC 16-36-1
shall make the documents a part of the principal's medical records.
(b) If a change in or termination of a power of attorney becomes
known to the health care provider, the change or termination shall be
noted in the principal's medical records. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.156.
IC 30-5-7-3 Patient lacking capacity to give informed consent; consultation
with attorney in fact
Sec. 3. Whenever a health care provider believes a patient may
lack the capacity to give informed consent to health care the provider
considers necessary, the provider shall consult with the attorney in
fact who has power to act for the patient under IC 16-36-4,
IC 16-36-1, or this article. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.157.
IC 30-5-7-4 Compliance with decision of attorney in fact; comfort care;
unwillingness to comply
Sec. 4. (a) A health care provider shall comply with a health care
decision made by an attorney in fact under a power of attorney if the
decision is communicated to the provider. A health care provider
may continue to administer treatment for the principal's comfort care
or the alleviation of pain in addition to treatment made under the
decision of the attorney in fact.
(b) If a health care provider is unwilling to comply with a health
care decision made by the attorney in fact, the provider shall do the
following:
(1) Notify the attorney in fact of the provider's unwillingness to
comply with the decision.
(2) Promptly take all steps necessary to transfer the
responsibility for the principal's health care to another health
care provider designated by the attorney in fact. As added by P.L.149-1991, SEC.2. IC 30-5-7-5 Access to medical records by attorney in fact; release of
information
Sec. 5. (a) A health care provider shall give an attorney in fact
authorized to receive information under a power of attorney the same
access as the principal has to examine and copy the principal's
medical records, including records relating to mental health and other
medical conditions held by a physician, psychiatrist, psychologist,
therapist, hospital, nursing home, or other provider. The access to
records shall be given at the principal's expense and may be subject
to reasonable rules of the provider to prevent disruption of the
principal's health care.
(b) An attorney in fact may release information obtained under
subsection (a) to any person authorized to receive the information
under IC 16-39. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.158.
IC 30-5-7-6 Anatomical gifts, autopsies, or remains disposition
Sec. 6. If a power of attorney authorizes the attorney in fact to:
(1) make an anatomical gift on behalf of the principal;
(2) authorize an autopsy of the principal's remains; or
(3) direct the disposition of the principal's remains;
the anatomical gift, autopsy, or remains disposition shall be
considered the act of the principal or of the person who has priority
under law to make the necessary decisions. Each person to whom the
attorney in fact communicates a direction shall comply with the
direction. As added by P.L.149-1991, SEC.2.
IC 30-5-7
Chapter 7. Duties of Health Care Providers
IC 30-5-7-1 Application of chapter
Sec. 1. This chapter applies to a health care provider with whom
an attorney in fact deals under a power of attorney. As added by P.L.149-1991, SEC.2.
IC 30-5-7-2 Medical records
Sec. 2. (a) A health care provider furnished with a copy of a
declaration under IC 16-36-4 or an appointment under IC 16-36-1
shall make the documents a part of the principal's medical records.
(b) If a change in or termination of a power of attorney becomes
known to the health care provider, the change or termination shall be
noted in the principal's medical records. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.156.
IC 30-5-7-3 Patient lacking capacity to give informed consent; consultation
with attorney in fact
Sec. 3. Whenever a health care provider believes a patient may
lack the capacity to give informed consent to health care the provider
considers necessary, the provider shall consult with the attorney in
fact who has power to act for the patient under IC 16-36-4,
IC 16-36-1, or this article. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.157.
IC 30-5-7-4 Compliance with decision of attorney in fact; comfort care;
unwillingness to comply
Sec. 4. (a) A health care provider shall comply with a health care
decision made by an attorney in fact under a power of attorney if the
decision is communicated to the provider. A health care provider
may continue to administer treatment for the principal's comfort care
or the alleviation of pain in addition to treatment made under the
decision of the attorney in fact.
(b) If a health care provider is unwilling to comply with a health
care decision made by the attorney in fact, the provider shall do the
following:
(1) Notify the attorney in fact of the provider's unwillingness to
comply with the decision.
(2) Promptly take all steps necessary to transfer the
responsibility for the principal's health care to another health
care provider designated by the attorney in fact. As added by P.L.149-1991, SEC.2. IC 30-5-7-5 Access to medical records by attorney in fact; release of
information
Sec. 5. (a) A health care provider shall give an attorney in fact
authorized to receive information under a power of attorney the same
access as the principal has to examine and copy the principal's
medical records, including records relating to mental health and other
medical conditions held by a physician, psychiatrist, psychologist,
therapist, hospital, nursing home, or other provider. The access to
records shall be given at the principal's expense and may be subject
to reasonable rules of the provider to prevent disruption of the
principal's health care.
(b) An attorney in fact may release information obtained under
subsection (a) to any person authorized to receive the information
under IC 16-39. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.158.
IC 30-5-7-6 Anatomical gifts, autopsies, or remains disposition
Sec. 6. If a power of attorney authorizes the attorney in fact to:
(1) make an anatomical gift on behalf of the principal;
(2) authorize an autopsy of the principal's remains; or
(3) direct the disposition of the principal's remains;
the anatomical gift, autopsy, or remains disposition shall be
considered the act of the principal or of the person who has priority
under law to make the necessary decisions. Each person to whom the
attorney in fact communicates a direction shall comply with the
direction. As added by P.L.149-1991, SEC.2.
IC 30-5-7
Chapter 7. Duties of Health Care Providers
IC 30-5-7-1 Application of chapter
Sec. 1. This chapter applies to a health care provider with whom
an attorney in fact deals under a power of attorney. As added by P.L.149-1991, SEC.2.
IC 30-5-7-2 Medical records
Sec. 2. (a) A health care provider furnished with a copy of a
declaration under IC 16-36-4 or an appointment under IC 16-36-1
shall make the documents a part of the principal's medical records.
(b) If a change in or termination of a power of attorney becomes
known to the health care provider, the change or termination shall be
noted in the principal's medical records. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.156.
IC 30-5-7-3 Patient lacking capacity to give informed consent; consultation
with attorney in fact
Sec. 3. Whenever a health care provider believes a patient may
lack the capacity to give informed consent to health care the provider
considers necessary, the provider shall consult with the attorney in
fact who has power to act for the patient under IC 16-36-4,
IC 16-36-1, or this article. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.157.
IC 30-5-7-4 Compliance with decision of attorney in fact; comfort care;
unwillingness to comply
Sec. 4. (a) A health care provider shall comply with a health care
decision made by an attorney in fact under a power of attorney if the
decision is communicated to the provider. A health care provider
may continue to administer treatment for the principal's comfort care
or the alleviation of pain in addition to treatment made under the
decision of the attorney in fact.
(b) If a health care provider is unwilling to comply with a health
care decision made by the attorney in fact, the provider shall do the
following:
(1) Notify the attorney in fact of the provider's unwillingness to
comply with the decision.
(2) Promptly take all steps necessary to transfer the
responsibility for the principal's health care to another health
care provider designated by the attorney in fact. As added by P.L.149-1991, SEC.2. IC 30-5-7-5 Access to medical records by attorney in fact; release of
information
Sec. 5. (a) A health care provider shall give an attorney in fact
authorized to receive information under a power of attorney the same
access as the principal has to examine and copy the principal's
medical records, including records relating to mental health and other
medical conditions held by a physician, psychiatrist, psychologist,
therapist, hospital, nursing home, or other provider. The access to
records shall be given at the principal's expense and may be subject
to reasonable rules of the provider to prevent disruption of the
principal's health care.
(b) An attorney in fact may release information obtained under
subsection (a) to any person authorized to receive the information
under IC 16-39. As added by P.L.149-1991, SEC.2. Amended by P.L.2-1993,
SEC.158.
IC 30-5-7-6 Anatomical gifts, autopsies, or remains disposition
Sec. 6. If a power of attorney authorizes the attorney in fact to:
(1) make an anatomical gift on behalf of the principal;
(2) authorize an autopsy of the principal's remains; or
(3) direct the disposition of the principal's remains;
the anatomical gift, autopsy, or remains disposition shall be
considered the act of the principal or of the person who has priority
under law to make the necessary decisions. Each person to whom the
attorney in fact communicates a direction shall comply with the
direction. As added by P.L.149-1991, SEC.2.
