Indiana Code
Chapter 7. Health Care Advance Directives
16-36-7-40. Immunity for Health Care Provider; Validity of Advance Directive

Sec. 40. (a) A health care provider or other person who acts in good faith reliance on an advance directive or on a health care decision made by a health care representative with apparent authority is immune from liability to the declarant and to the declarant's heirs or other successors in interest to the same extent as if the health care provider or other person had dealt directly with the declarant and if the declarant had been competent and not incapacitated.
(b) A health care provider is not responsible for determining the validity of an advance directive.
As added by P.L.50-2021, SEC.63.

Structure Indiana Code

Indiana Code

Title 16. Health

Article 36. Medical Consent

Chapter 7. Health Care Advance Directives

16-36-7-1. General Provisions

16-36-7-2. "Advance Directive"

16-36-7-3. "Best Interests"

16-36-7-4. "Declarant"

16-36-7-5. "Declaration"

16-36-7-6. "Electronic"

16-36-7-7. "Electronic Record"

16-36-7-8. "Electronic Signature"

16-36-7-9. "Health Care"

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"

16-36-7-18. "Observe"

16-36-7-19. "Presence"; "Present"; "To Be Present"

16-36-7-20. "Proxy"

16-36-7-21. "Reasonably Available"

16-36-7-22. "Sign"

16-36-7-23. "Signature"

16-36-7-24. "Telephonic Interaction"

16-36-7-25. "Treating Physician"

16-36-7-26. "Written"; "Writing"

16-36-7-27. Consent for Own Health Care; Minor's Blood Donation; Conflicts; Reliance by Health Care Provider

16-36-7-28. Advance Directive; Signature; Witnesses; Acknowledgement; Counterparts; Telephonic Interaction; Validity

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

16-36-7-37. Advance Directive Made Part of Medical Records; Capacity; Compliance With Decisions by 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

16-36-7-43. Individuals Who May Not Serve as Proxy

16-36-7-44. Material Conflict Between Multiple Documents