January 23, 2001, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 112th General Assembly (2001)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 531
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1.
IC 16-36-1-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 14. (a) The health care
consent provisions under IC 30-5 are incorporated by reference into
this chapter to the extent the provisions under IC 30-5 do not conflict
with explicit requirements under this chapter.
(b) With respect to the written appointment of a health care
representative under section 7 of this chapter, whenever the
appointment authorizes health care to be withdrawn or withheld from
an individual with a terminal condition (as defined in
IC 16-36-4-5
):
(1) the form must include language authorizing the
withdrawal or withholding of health care; and
(2) the sample language in
IC 30-5-5-17
must may be, included
in the appointment in substantially the same form but need not
be, used.
SECTION 2.
IC 16-36-4-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 9. A The declaration
must be substantially in the form forms set forth in either section
sections 10 or and 11 of this chapter but the declaration may include
additional, specific directions. The invalidity of any additional, specific
directions does not affect the validity of the declaration. are sample
declaration forms. A declaration that constitutes an expression of
a declarant's intent, regardless of the form used or when the form
is executed, must be honored if the declaration meets the
requirements of this chapter.
SECTION 3.
IC 16-36-4-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 10. The following is the
a sample of a living will declaration form:
LIVING WILL DECLARATION
Declaration made this _____ day of _______ (month, year). I,
_________, being at least eighteen (18) years of age and of sound
mind, willfully and voluntarily make known my desires that my dying
shall not be artificially prolonged under the circumstances set forth
below, and I declare:
If at any time my attending physician certifies in writing that: (1) I
have an incurable injury, disease, or illness; (2) my death will occur
within a short time; and (3) the use of life prolonging procedures would
serve only to artificially prolong the dying process, I direct that such
procedures be withheld or withdrawn, and that I be permitted to die
naturally with only the performance or provision of any medical
procedure or medication necessary to provide me with comfort care or
to alleviate pain, and, if I have so indicated below, the provision of
artificially supplied nutrition and hydration. (Indicate your choice by
initialling initialing or making your mark before signing this
declaration):
__________ I wish to receive artificially supplied nutrition and
hydration, even if the effort to sustain life is futile or excessively
burdensome to me.
__________ I do not wish to receive artificially supplied nutrition
and hydration, if the effort to sustain life is futile or excessively
burdensome to me.
__________ I intentionally make no decision concerning
artificially supplied nutrition and hydration, leaving the decision
to my health care representative appointed under
IC 16-36-1-7
or
my attorney in fact with health care powers under
IC 30-5-5.
In the absence of my ability to give directions regarding the use of
life prolonging procedures, it is my intention that this declaration be
honored by my family and physician as the final expression of my legal
right to refuse medical or surgical treatment and accept the
consequences of the refusal.
I understand the full import of this declaration.
Signed _________________________
_______________________________
City, County, and State of Residence
The declarant has been personally known to me, and I believe
(him/her) to be of sound mind. I did not sign the declarant's signature
above for or at the direction of the declarant. I am not a parent, spouse,
or child of the declarant. I am not entitled to any part of the declarant's
estate or directly financially responsible for the declarant's medical
care. I am competent and at least eighteen (18) years of age.
Witness _______________ Date __________
Witness _______________ Date __________
SECTION 4.
IC 16-36-4-11
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 11. The following is
the
a sample of a life prolonging procedures
will declaration form:
LIFE PROLONGING PROCEDURES DECLARATION
Declaration made this ______ day of ______ (month, year). I,
____________, being at least eighteen (18) years of age and of sound
mind, willfully and voluntarily make known my desire that if at any
time I have an incurable injury, disease, or illness determined to be a
terminal condition I request the use of life prolonging procedures that
would extend my life. This includes appropriate nutrition and
hydration, the administration of medication, and the performance of all
other medical procedures necessary to extend my life, to provide
comfort care, or to alleviate pain.
In the absence of my ability to give directions regarding the use of
life prolonging procedures, it is my intention that this declaration be
honored by my family and physician as the final expression of my legal
right to request medical or surgical treatment and accept the
consequences of the request.
I understand the full import of this declaration.
Signed ___________________
_______________________
City, County, and State of Residence
The declarant has been personally known to me, and I believe
(him/her) to be of sound mind. I am competent and at least eighteen
(18) years of age.
Witness ______________ Date ________
Witness ______________ Date ________
SECTION 5.
IC 30-5-5-17
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 17. (a) If the attorney
in fact has the authority to consent to or refuse health care under
section 16(2) of this chapter, the attorney in fact may be empowered to
ask in the name of the principal for health care to be withdrawn or
withheld when it is not beneficial or when any benefit is outweighed by
the demands of the treatment and death may result. To empower the
attorney in fact to act under this section, the following language must
be included in an appointment under
IC 16-36-1
:
(1) must include language authorizing the withdrawal or
withholding of health care; and
(2) may be, but need not be, in substantially the same form as
the sample language set forth below:
I authorize my health care representative to make decisions in
my best interest concerning withdrawal or withholding of
health care. If at any time based on my previously expressed
preferences and the diagnosis and prognosis my health care
representative is satisfied that certain health care is not or
would not be beneficial or that such health care is or would be
excessively burdensome, then my health care representative
may express my will that such health care be withheld or
withdrawn and may consent on my behalf that any or all health
care be discontinued or not instituted, even if death may result.
My health care representative must try to discuss this decision
with me. However, if I am unable to communicate, my health
care representative may make such a decision for me, after
consultation with my physician or physicians and other
relevant health care givers. To the extent appropriate, my
health care representative may also discuss this decision with
my family and others to the extent they are available.
(b) Nothing in this section may be construed to authorize
euthanasia.