SENATE BILL No. 315
DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-21-10.
Synopsis: Hospital visitation rights for domestic partners. Allows an
individual with a domestic partnership to have hospital visitation
Effective: July 1, 2009.
January 8, 2009, read first time and referred to Committee on Health and Provider
First Regular Session 116th General Assembly (2009)
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SENATE BILL No. 315
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 16-21-10; (09)IN0315.1.1. -->
SECTION 1. IC 16-21-10 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]:
Chapter 10. Hospital Visitation Rights for Domestic Partners
Sec. 1. As used in this chapter, "domestic partnership" means
a relationship between two (2) individuals who:
(1) are at least eighteen (18) years of age;
(2) are not related to each other by blood or marriage within
four (4) degrees of consanguinity under civil law;
(3) are not married or in a civil union or domestic partnership
with another individual; and
(4) agree to be in a relationship of mutual interdependence in
which each individual contributes to the maintenance and
support of the other individual and the relationship.
Sec. 2. An individual who asserts a domestic partnership under
this chapter may be required to provide proof of the relationship.
Proof may include the following:
(1) An affidavit signed by each individual, stating that the
individuals have an established domestic partnership.
(2) Documents providing proof of any two (2) of the following:
(A) Joint liability of the two (2) individuals for a mortgage,
lease, or loan.
(B) The designation of one (1) of the individuals as the
primary beneficiary on the:
(i) life insurance policy on the life;
(ii) retirement plan; or
(iii) will and testament;
of the other individual
(C) A durable power of attorney for health care or
financial management by one (1) of the individuals to the
(D) Joint ownership or lease of a motor vehicle by the
(E) A joint checking account, investment account, or credit
account held by the two (2) individuals.
(F) A joint renter or homeowner insurance policy held by
the two (2) individuals.
(G) Coverage of one (1) of the individuals on the other
individual's health insurance policy.
(H) Joint responsibility for child care, including
guardianship on school documents.
(I) A cohabitation or relationship contract.
Sec. 3. (a) Except as provided in subsection (b), a hospital
licensed under this article shall allow:
(1) an individual who has a domestic partnership with a
(2) a child of an individual described in subdivision (1); or
(3) the domestic partner of a patient's parent or child;
to visit the patient.
(b) A hospital may deny visitation to an individual described in
subsection (a) under any of the following circumstances:
(1) No visitors are allowed at the time of the visitation request.
(2) The hospital determines that the presence of the visitor
would endanger the health or safety of the patient or a
member of the hospital's staff.
(3) The patient or the patient's legal guardian informs the
hospital staff that the patient does not want to see the visitor.
(c) This section does not prohibit a hospital from establishing
reasonable restrictions on visitation, including restrictions on the
number of hours of visitation or the number of visitors allowed to
see a patient at one (1) time.
Sec. 4. (a) This section applies to a medical emergency in which
one (1) adult in good faith tells an emergency medical provider or
hospital staff that the individual and the injured or ill adult are in
a domestic partnership.
(b) An emergency medical provider may allow an adult
described in subsection (a) to accompany an ill or injured adult
being transported to a hospital in an emergency vehicle.
(c) A hospital may allow an adult described in subsection (a) to
visit the ill or injured adult who was admitted to the hospital on an
emergency basis in the same manner as visitation is allowed for a
member of the ill or injured adult's immediate family.
Sec. 5. If an individual with a domestic partnership has
appointed a health care representative under IC 16-36-1-7, the
health care representative retains the authority to make health
care decisions for the individual.