Sec. 38. If a health care representative designated in an advance directive has authority to:
(1) make an anatomical gift on behalf of the declarant;
(2) authorize an autopsy of the declarant's remains; or
(3) direct the disposition of the declarant's remains;
under either the explicit provisions of the advance directive or section 34(5) of this chapter, the anatomical gift, autopsy, or remains disposition is considered the act of the declarant or of the person who has legal authority to make the necessary decisions.
As added by P.L.50-2021, SEC.63.
Structure Indiana Code
Chapter 7. Health Care Advance Directives
16-36-7-2. "Advance Directive"
16-36-7-7. "Electronic Record"
16-36-7-8. "Electronic Signature"
16-36-7-10. "Health Care Decision"
16-36-7-11. "Health Care Facility"
16-36-7-12. "Health Care Provider"
16-36-7-13. "Health Care Representative"
16-36-7-14. "Health Information"
16-36-7-15. "Incapacity"; "Incapacitated"
16-36-7-16. "Informed Consent"
16-36-7-17. "Notarial Officer"
16-36-7-19. "Presence"; "Present"; "To Be Present"
16-36-7-21. "Reasonably Available"
16-36-7-24. "Telephonic Interaction"
16-36-7-25. "Treating Physician"
16-36-7-26. "Written"; "Writing"
16-36-7-29. Additional Provisions That May Be Included in Advance Directive
16-36-7-30. Resources and Sample Forms
16-36-7-31. Copies of Advance Directive
16-36-7-32. Revocation; Amendment or Restatement
16-36-7-33. Delegation by Health Care Representative
16-36-7-34. Presumptions Applicable to Advance Directives
16-36-7-35. Incapacity of Declarant
16-36-7-36. Authority and Responsibility of Health Care Representative
16-36-7-38. Anatomical Gift, Autopsy, or Remains Disposition
16-36-7-39. Access to Health Information
16-36-7-40. Immunity for Health Care Provider; Validity of Advance Directive
16-36-7-41. Affidavit; Requirements; Immunity
16-36-7-42. Decisions Made by Proxy