Indiana § 16-36-6-12 - Alternative treatment request allowed
Full text of Indiana Indiana Code § 16-36-6-12 — Alternative treatment request allowed, with citation guidance and answers to common questions.
§ 16-36-6-12. Alternative treatment request allowed
Sec. 12. (a) A declarant, or, subject to subsections (b) and (c), a representative or a proxy, may, at any time, request alternative treatment to the treatment specified on the POST form.
(b) A representative may request alternative treatment only if the declarant is incapable of making decisions concerning the declarant's health care.
(c) A proxy who has priority to act for the declarant under IC 16-36-7-42(c) may request alternative treatment if:
(1) the declarant is incapable of making decisions concerning the declarant's health care; and
(2) no representative appointed by the declarant is able and reasonably available to act on behalf of the declarant.
(d) A health care provider to whom a request for alternative treatment is communicated shall, as soon as possible, notify the declarant's treating physician, advanced practice registered nurse, or physician assistant, if known, of the request.
(e) The treating physician, advanced practice registered nurse, or physician assistant who is notified under subsection (d) of a request for alternative treatment shall do the following as soon as possible:
(1) Include a written, signed note of the request in the declarant's medical records with the following information:
(A) The time, date, and place of the request by the declarant, representative, or proxy.
(B) The time, date, and place that the treating physician, advanced practice registered nurse, or physician assistant was notified of the request.
(2) Review the POST form with:
(A) the declarant, if the declarant is capable of making decisions concerning the declarant's health care;
(B) the declarant's representative, if the declarant is incapable of making decisions concerning the declarant's health care; or
(C) a proxy who has priority to act for the declarant, if the declarant is incapable of making decisions concerning the declarant's health care and no appointed representative is able or reasonably available to act for the declarant;
and execute a new POST form, if needed.
As added by P.L.164-2013, SEC.8. Amended by P.L.67-2018, SEC.15; P.L.10-2019, SEC.77; P.L.86-2023, SEC.15.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 16-36-6-12
What does Indiana Code § 16-36-6-12 cover?
Section 16-36-6-12 ("Alternative treatment request allowed") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 16-36-6-12?
A common citation format is "Indiana Code § 16-36-6-12" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 16-36-6-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.