Indiana 2025 Regular Session

Indiana House Bill HB1011 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1011
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 16-18-2; IC 16-36-8; IC 27-2-30;
77 IC 34-30-2.1-229.2; IC 35-52-16-27.5.
88 Synopsis: End of life options. Allows individuals with a terminal
99 illness who meet certain requirements to make a request to an attending
1010 provider for medication that the individual may self-administer to bring
1111 about death. Specifies requirements a provider must meet in order to
1212 prescribe the medication to a patient. Prohibits an insurer from denying
1313 payment of benefits under a life insurance policy based upon a suicide
1414 clause in the life insurance policy if the death of the insured individual
1515 is the result of medical aid in dying. Establishes a Level 1 felony if a
1616 person: (1) without authorization of the patient, willfully alters, forges,
1717 conceals, or destroys a request for medication or a rescission of a
1818 request for medication with the intent or effect of causing the
1919 individual's death; or (2) knowingly or intentionally coerces or exerts
2020 undue influence on an individual to request medication to bring about
2121 death or to destroy a rescission of a request for medication to bring
2222 about death. Establishes a Class A misdemeanor if a person, without
2323 authorization of the patient, willfully alters, forges, conceals, or
2424 destroys a request for medication or a rescission of a request for
2525 medication in order to affect a health care decision by the individual.
2626 Establishes certain criminal and civil immunity for health care
2727 providers.
2828 Effective: July 1, 2025.
2929 Pierce M
3030 January 8, 2025, read first time and referred to Committee on Public Health.
3131 2025 IN 1011—LS 6048/DI 104 Introduced
3232 First Regular Session of the 124th General Assembly (2025)
3333 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3434 Constitution) is being amended, the text of the existing provision will appear in this style type,
3535 additions will appear in this style type, and deletions will appear in this style type.
3636 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3737 provision adopted), the text of the new provision will appear in this style type. Also, the
3838 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3939 a new provision to the Indiana Code or the Indiana Constitution.
4040 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4141 between statutes enacted by the 2024 Regular Session of the General Assembly.
4242 HOUSE BILL No. 1011
4343 A BILL FOR AN ACT to amend the Indiana Code concerning
4444 health.
4545 Be it enacted by the General Assembly of the State of Indiana:
4646 1 SECTION 1. IC 16-18-2-29.1 IS ADDED TO THE INDIANA
4747 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
4848 3 [EFFECTIVE JULY 1, 2025]: Sec. 29.1. "Attending provider", for
4949 4 purposes of IC 16-36-8, has the meaning set forth in IC 16-36-8-1.
5050 5 SECTION 2. IC 16-18-2-47.5 IS ADDED TO THE INDIANA
5151 6 CODE AS A NEW SECTION TO READ AS FOLLOWS
5252 7 [EFFECTIVE JULY 1, 2025]: Sec. 47.5. "Capable", for purposes of
5353 8 IC 16-36-8, has the meaning set forth in IC 16-36-8-2.
5454 9 SECTION 3. IC 16-18-2-69.1 IS ADDED TO THE INDIANA
5555 10 CODE AS A NEW SECTION TO READ AS FOLLOWS
5656 11 [EFFECTIVE JULY 1, 2025]: Sec. 69.1. "Consulting provider", for
5757 12 purposes of IC 16-36-8, has the meaning set forth in IC 16-36-8-3.
5858 13 SECTION 4. IC 16-18-2-84.5 IS ADDED TO THE INDIANA
5959 14 CODE AS A NEW SECTION TO READ AS FOLLOWS
6060 15 [EFFECTIVE JULY 1, 2025]: Sec. 84.5. "Counseling", for purposes
6161 16 of IC 16-36-8, has the meaning set forth in IC 16-36-8-4.
6262 17 SECTION 5. IC 16-18-2-302, AS AMENDED BY P.L.2-2015,
6363 2025 IN 1011—LS 6048/DI 104 2
6464 1 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6565 2 JULY 1, 2025]: Sec. 302. (a) "Qualified patient", for purposes of
6666 3 IC 16-36-4, has the meaning set forth in IC 16-36-4-4.
6767 4 (b) "Qualified patient", for purposes of IC 16-36-8, has the
6868 5 meaning set forth in IC 16-36-8-5.
6969 6 (b) (c) "Qualified patient", for purposes of IC 16-42-26, has the
7070 7 meaning set forth in IC 16-42-26-3.
7171 8 SECTION 6. IC 16-18-2-326.8 IS ADDED TO THE INDIANA
7272 9 CODE AS A NEW SECTION TO READ AS FOLLOWS
7373 10 [EFFECTIVE JULY 1, 2025]: Sec. 326.8. "Self-administer", for
7474 11 purposes of IC 16-36-8, has the meaning set forth in IC 16-36-8-6.
7575 12 SECTION 7. IC 16-18-2-351.5 IS AMENDED TO READ AS
7676 13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 351.5. "Terminal
7777 14 illness" means the following:
7878 15 (1) For purposes of IC 16-25, has the meaning set forth in
7979 16 IC 16-25-1.1-9.
8080 17 (2) For purposes of IC 16-36-8, the meaning set forth in
8181 18 IC 16-36-8-7.
8282 19 SECTION 8. IC 16-36-8 IS ADDED TO THE INDIANA CODE AS
8383 20 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
8484 21 1, 2025]:
8585 22 Chapter 8. Medical Aid in Dying
8686 23 Sec. 1. As used in this chapter, "attending provider" means the
8787 24 provider who has primary responsibility for the care of the patient
8888 25 and treatment of the patient's terminal illness.
8989 26 Sec. 2. As used in this chapter, "capable" means that a patient
9090 27 is, in the opinion of the patient's:
9191 28 (1) attending provider; or
9292 29 (2) consulting:
9393 30 (A) provider;
9494 31 (B) psychiatrist; or
9595 32 (C) psychologist;
9696 33 able to make and communicate health care decisions to health care
9797 34 providers, including communication through an individual familiar
9898 35 with the patient's manner of communicating if such an individual
9999 36 is available.
100100 37 Sec. 3. (a) As used in this chapter, "consulting provider" means
101101 38 a provider who is qualified by specialty or experience to make a
102102 39 professional diagnosis and prognosis regarding the individual's
103103 40 disease.
104104 41 (b) The term includes a licensed mental health care provider,
105105 42 including the following:
106106 2025 IN 1011—LS 6048/DI 104 3
107107 1 (1) A consulting psychiatrist licensed under IC 25-22.5.
108108 2 (2) A consulting psychologist licensed under IC 25-33.
109109 3 (3) An advanced practice registered nurse licensed under
110110 4 IC 25-23 and who is qualified to practice nursing in a mental
111111 5 health specialty role.
112112 6 (4) A behavioral health and human services professional
113113 7 licensed under IC 25-23.6.
114114 8 Sec. 4. As used in this chapter, "counseling" means at least one
115115 9 (1) consultation as necessary with a consulting provider described
116116 10 in section 3 of this chapter for the purpose of determining whether
117117 11 the patient is capable and not suffering from a psychiatric
118118 12 disorder, a psychological disorder, or depression that renders the
119119 13 patient unable to make and communicate an informed decision.
120120 14 Sec. 5. As used in this chapter, "qualified patient" means an
121121 15 individual who is at least eighteen (18) years of age, is an Indiana
122122 16 resident, and has satisfied the requirements of this chapter in order
123123 17 to obtain a prescription for medication to bring about a peaceful
124124 18 death in a humane and dignified manner.
125125 19 Sec. 6. (a) As used in this chapter, "self-administer" means a
126126 20 qualified patient performing an affirmative, conscious, voluntary
127127 21 act to ingest medication prescribed to bring about the qualified
128128 22 patient's death.
129129 23 (b) The term does not include administration by parenteral
130130 24 injection or infusion.
131131 25 Sec. 7. As used in this chapter, "terminal illness" means an
132132 26 incurable and irreversible illness that has been confirmed and will,
133133 27 within reasonable medical judgment, result in death within six (6)
134134 28 months.
135135 29 Sec. 8. (a) An individual who:
136136 30 (1) is at least eighteen (18) years of age;
137137 31 (2) is an Indiana resident;
138138 32 (3) is capable;
139139 33 (4) is diagnosed, by a provider, with a terminal illness that is
140140 34 confirmed by a consulting provider; and
141141 35 (5) has voluntarily expressed to the attending provider a wish
142142 36 to receive medical aid in dying;
143143 37 may make a written request in accordance with this chapter for
144144 38 medication for the purpose of bringing about the patient's peaceful
145145 39 death in a humane and dignified manner. An individual does not
146146 40 qualify under this chapter solely because of the individual's age or
147147 41 disability.
148148 42 (b) In order to receive a prescription for medication to bring
149149 2025 IN 1011—LS 6048/DI 104 4
150150 1 about the patient's peaceful death, a qualified patient must have:
151151 2 (1) made an oral request;
152152 3 (2) made a written request as described in this chapter; and
153153 4 (3) either:
154154 5 (A) reiterated the oral request to the patient's attending
155155 6 provider not less than fifteen (15) days after making the
156156 7 initial oral request; or
157157 8 (B) if the patient's attending provider has medically
158158 9 confirmed that the patient will, within reasonable medical
159159 10 judgment, die within fifteen (15) days after making the
160160 11 initial oral request under this section, reiterate the oral
161161 12 request for the medication to the attending provider at any
162162 13 time after making the initial oral request.
163163 14 (c) At the time the patient makes the second oral request, the
164164 15 attending provider shall offer the patient an opportunity to rescind
165165 16 the request.
166166 17 (d) Evidence of a patient's Indiana residency under subsection
167167 18 (a) may include the following:
168168 19 (1) Possession of a valid Indiana driver's license or
169169 20 identification card issued under IC 9-24.
170170 21 (2) A valid Indiana voter registration card.
171171 22 (3) Documentation that the patient currently owns or leases
172172 23 property in Indiana.
173173 24 (4) The filing of an Indiana state tax return for the most
174174 25 recent tax year.
175175 26 Sec. 9. (a) A patient may rescind a request for medication under
176176 27 this chapter at any time and in any manner.
177177 28 (b) No prescription for the medication under this chapter may
178178 29 be written without the attending provider offering the qualified
179179 30 patient an opportunity to rescind the request.
180180 31 Sec. 10. (a) Except as provided in subsection (b), at least:
181181 32 (1) fifteen (15) days must elapse between the patient's initial
182182 33 oral request for the medication; and
183183 34 (2) forty-eight (48) hours must elapse between the patient's
184184 35 written request under this chapter;
185185 36 before the attending provider may dispense or write a prescription
186186 37 for the medication under this chapter for the patient.
187187 38 (b) If the qualified patient's attending provider has medically
188188 39 confirmed that the qualified patient will, within reasonable medical
189189 40 judgment, die before the expiration of at least one (1) of the waiting
190190 41 periods described in subsection (a), the attending provider may
191191 42 dispense or write a prescription for the medication at any time
192192 2025 IN 1011—LS 6048/DI 104 5
193193 1 following the later of the qualified patient's written request or
194194 2 second oral request under this chapter.
195195 3 Sec. 11. (a) The written request for medication required by
196196 4 section 8 of this chapter must meet the following requirements:
197197 5 (1) Be on a form issued by the state department, as set forth
198198 6 in section 12 of this chapter.
199199 7 (2) Be attested to and signed by the patient.
200200 8 (3) Be witnessed by at least two (2) individuals who, in the
201201 9 presence of the patient, attest that, to the best of the
202202 10 individuals' knowledge and belief, the patient is:
203203 11 (A) capable;
204204 12 (B) acting voluntarily; and
205205 13 (C) not being coerced to sign the request.
206206 14 (b) At least one (1) of the witnesses described in subsection (a)(3)
207207 15 may not be any of the following:
208208 16 (1) A relative of the patient by blood, marriage, or adoption.
209209 17 (2) An heir to any part of the patient's estate, by will or law,
210210 18 upon the death of the patient.
211211 19 (3) An owner, operator, or employee of a health care facility
212212 20 where the patient is receiving medical treatment or is a
213213 21 resident.
214214 22 (4) The patient's attending provider at the time the request is
215215 23 signed.
216216 24 Sec. 12. The state department shall prepare and make available
217217 25 the form described in section 11 of this chapter that states the
218218 26 following:
219219 27 "REQUEST FOR MEDICATION TO BRING ABOUT
220220 28 MY PEACEFUL DEATH
221221 29 I, _____________________ (insert patient's name), am an
222222 30 adult of sound mind.
223223 31 I have been diagnosed with and am suffering from
224224 32 ____________ (insert the name of the terminal illness), which
225225 33 my attending provider has determined is a terminal illness
226226 34 and which has been medically confirmed by a consulting
227227 35 provider.
228228 36 I have been fully informed of my diagnosis, prognosis, the
229229 37 nature of medication to be prescribed, and the potential
230230 38 associated risks, the expected result, and the feasible
231231 39 alternatives, including comfort care, hospice care, and pain
232232 40 control.
233233 41 I request that my attending provider dispense or prescribe
234234 42 medication to bring about my own peaceful death in a
235235 2025 IN 1011—LS 6048/DI 104 6
236236 1 humane and dignified manner.
237237 2 INITIAL ONE:
238238 3 ___ I have informed my family of my decision and taken their
239239 4 opinions into consideration.
240240 5 ___ I have decided not to inform my family of my decision.
241241 6 ___ I have no family to inform of my decision.
242242 7 I understand that I have the right to rescind this request at
243243 8 any time.
244244 9 I understand the full import of this request, and I expect to die
245245 10 when I take the medication to be prescribed. I further
246246 11 understand that although most deaths occur within three (3)
247247 12 hours, my death may take longer, and my provider has
248248 13 counseled me about this possibility.
249249 14 I make this request voluntarily and without reservation, and
250250 15 I accept full moral responsibility for my actions.
251251 16 Signed:_____________
252252 17 Dated: _____________
253253 18 DECLARATION OF WITNESSES
254254 19 By initialing and signing below on or after the date the person
255255 20 named above signs, I declare that the person making and
256256 21 signing the above request:
257257 22 is personally known to me or has provided proof of identity;
258258 23 signed this request in my presence on the date of the person's
259259 24 signature;
260260 25 appears to be of sound mind and not under duress or undue
261261 26 influence; and
262262 27 is not a patient for whom I am the attending provider.
263263 28 Witness 1: _____________ _________ _______
264264 29 Printed Name Signature Date
265265 30 Witness 2: _____________ __________________
266266 31 Printed Name Signature Date
267267 32 NOTE: One (1) witness shall not be a relative (by blood, marriage,
268268 33 or adoption) of the person signing this request, shall not be entitled
269269 34 to any portion of the person's estate upon death, and shall not own,
270270 35 operate, or be employed at a health care facility where the person
271271 36 is a patient or resident. However, if the patient is a resident of a
272272 37 health facility, one (1) of the witnesses shall be an individual
273273 38 designated by the health facility.".
274274 39 Sec. 13. (a) For a patient who has made a request under this
275275 40 chapter, the attending provider shall do the following:
276276 41 (1) Make an initial determination of whether the patient:
277277 42 (A) has a terminal illness;
278278 2025 IN 1011—LS 6048/DI 104 7
279279 1 (B) is capable; and
280280 2 (C) has made the request voluntarily.
281281 3 (2) Refer the patient to counseling if, after examining the
282282 4 patient, the attending provider considers counseling
283283 5 necessary.
284284 6 (3) Refer the patient to a consulting provider for medical
285285 7 confirmation:
286286 8 (A) of the terminal illness diagnosis;
287287 9 (B) of the patient's capability; and
288288 10 (C) that the patient is voluntarily making a request under
289289 11 this chapter.
290290 12 (4) Request and obtain proof of the patient's Indiana
291291 13 residency.
292292 14 (5) Inform the patient of the following to ensure that the
293293 15 patient is making an informed decision:
294294 16 (A) The patient's medical diagnosis.
295295 17 (B) The patient's prognosis.
296296 18 (C) The potential risks associated with taking the
297297 19 medication to be prescribed.
298298 20 (D) The probable result of taking the medication to be
299299 21 prescribed.
300300 22 (E) The feasible alternatives to taking the medication,
301301 23 including:
302302 24 (i) alternative treatments, and the risks and benefits of
303303 25 each alternative;
304304 26 (ii) comfort care;
305305 27 (iii) hospice care; and
306306 28 (iv) pain control.
307307 29 (6) Recommend that the patient notify next of kin.
308308 30 (7) Counsel the patient:
309309 31 (A) about the importance of having another individual
310310 32 present when the patient self-administers the medication
311311 33 prescribed under this chapter; and
312312 34 (B) not to self-administer the medication in a public place.
313313 35 (8) Inform the patient that the patient may rescind the request
314314 36 for medication at any time and in any manner.
315315 37 (9) Offer the patient an opportunity to rescind the request at
316316 38 the end of the fifteen (15) day waiting period under section 9
317317 39 of this chapter.
318318 40 (10) Verify immediately before writing the prescription for
319319 41 the medication under this chapter that the patient is making
320320 42 an informed decision.
321321 2025 IN 1011—LS 6048/DI 104 8
322322 1 (11) Complete the medical record documentation required
323323 2 under this chapter.
324324 3 (12) Ensure that the requirements of this chapter have been
325325 4 met before writing a prescription for medication to enable a
326326 5 qualified patient to bring about the patient's peaceful death.
327327 6 (13) Either:
328328 7 (A) dispense any medication necessary to facilitate the
329329 8 desired effect and minimize the qualified patient's
330330 9 discomfort if the attending provider is qualified to dispense
331331 10 the medication; or
332332 11 (B) prescribe the medication, and with the qualified
333333 12 patient's written consent, contact a pharmacist to inform
334334 13 the pharmacist of the prescription, and transfer the
335335 14 prescription to the pharmacist for dispensing of the
336336 15 medication to:
337337 16 (i) the attending provider;
338338 17 (ii) the patient; or
339339 18 (iii) the patient's expressly identified agent.
340340 19 (b) The attending provider may sign the patient's death
341341 20 certification.
342342 21 (c) Not later than thirty (30) days after dispensing or writing a
343343 22 prescription for medication under this chapter, the attending
344344 23 provider shall file a copy of the record of the dispensing or
345345 24 prescription with the state department in a manner and with the
346346 25 information prescribed by the state department.
347347 26 (d) The state department shall adopt rules under IC 4-22-2
348348 27 prescribing the information and manner in which the report
349349 28 required under subsection (c) must be filed with the state
350350 29 department.
351351 30 Sec. 14. Before a patient is qualified and may obtain a
352352 31 prescription for medication under this chapter, a consulting
353353 32 provider must do the following:
354354 33 (1) Examine the patient and the patient's relevant medical
355355 34 records.
356356 35 (2) Confirm in writing the attending provider's terminal
357357 36 illness diagnosis.
358358 37 (3) Verify that the patient is capable and is making a
359359 38 voluntary informed decision to request the medication under
360360 39 this chapter.
361361 40 Sec. 15. (a) If either the attending provider or the consulting
362362 41 provider determines that the patient is suffering from any
363363 42 psychiatric or psychological condition or depression that renders
364364 2025 IN 1011—LS 6048/DI 104 9
365365 1 the patient unable to make and communicate an informed decision,
366366 2 the provider shall refer the patient for counseling.
367367 3 (b) Medication may not be prescribed under this chapter until
368368 4 the individual performing the counseling under subsection (a)
369369 5 determines that the patient is capable and not suffering from a
370370 6 psychiatric or psychological condition or depression that renders
371371 7 the patient unable to make and communicate an informed decision.
372372 8 (c) A patient may not receive a prescription for medication to
373373 9 end the patient's life unless the patient has made an informed
374374 10 decision based on an appreciation of the relevant facts and after
375375 11 being fully informed by the attending provider under section 13 of
376376 12 this chapter of the following:
377377 13 (1) The patient's medical diagnosis.
378378 14 (2) The patient's prognosis.
379379 15 (3) The potential risks associated with taking the medication
380380 16 to be prescribed.
381381 17 (4) The probable result of taking the medication to be
382382 18 prescribed.
383383 19 (5) The feasible alternatives to taking the medication,
384384 20 including:
385385 21 (A) alternative treatments, and the risks and benefits of
386386 22 each alternative;
387387 23 (B) comfort care;
388388 24 (C) hospice care; and
389389 25 (D) pain control.
390390 26 Immediately before writing a prescription for medication under
391391 27 this chapter, the attending provider shall verify that the patient is
392392 28 making an informed decision as described in this subsection.
393393 29 Sec. 16. A request for medication under this chapter may not be
394394 30 refused because a patient declines, or is unable, to notify the
395395 31 patient's next of kin as recommended by the attending provider
396396 32 under section 13(a)(6) of this chapter.
397397 33 Sec. 17. The attending provider shall maintain or document the
398398 34 following in the patient's medical record:
399399 35 (1) All oral requests by a patient for medication to end the
400400 36 patient's life.
401401 37 (2) All written requests made by the patient for medication to
402402 38 end the patient's life.
403403 39 (3) The attending provider's diagnosis and the patient's
404404 40 prognosis.
405405 41 (4) The attending provider's determination that the patient is
406406 42 capable, is acting voluntarily in making a request for the
407407 2025 IN 1011—LS 6048/DI 104 10
408408 1 medication, and is making an informed decision.
409409 2 (5) The consulting provider's diagnosis and the patient's
410410 3 prognosis.
411411 4 (6) The consulting provider's determination that the patient
412412 5 is capable, is acting voluntarily in making a request for the
413413 6 medication, and is making an informed decision.
414414 7 (7) Documentation of any counseling under section 15 of this
415415 8 chapter and the results of the counseling.
416416 9 (8) Documentation that the attending provider offered the
417417 10 patient the opportunity to rescind the written request.
418418 11 (9) Any medically confirmed certification of the imminence of
419419 12 the patient's death.
420420 13 (10) A statement by the attending provider that all of the
421421 14 requirements under this chapter have been met, including a
422422 15 notation of the medication prescribed.
423423 16 Sec. 18. (a) After June 30, 2025, the sale, issuance, or
424424 17 procurement of a life insurance policy, an accident and sickness
425425 18 insurance policy, or an annuity may not be conditioned upon or
426426 19 affected by a person making a request or taking medication under
427427 20 this chapter if the requirements of this chapter are met.
428428 21 (b) After June 30, 2025, any provision in a contract, will, or
429429 22 other agreement that limits a patient's ability to make a request
430430 23 under this chapter is void.
431431 24 Sec. 19. (a) Nothing in this chapter authorizes a person,
432432 25 including the qualified patient, to end a patient's life by lethal
433433 26 injection, lethal infusion, mercy killing, or active euthanasia.
434434 27 Actions taken in accordance with this chapter do not, for any
435435 28 purpose, constitute neglect, suicide, assisted suicide, mercy killing,
436436 29 or homicide under any law.
437437 30 (b) Nothing in this chapter shall be interpreted to lower a health
438438 31 care provider's standard of care.
439439 32 (c) Nothing in this chapter shall be interpreted to lower the
440440 33 requirements of informed health care consent under this article.
441441 34 Sec. 20. (a) The state department shall review a sample of the
442442 35 records submitted to the state department by an attending
443443 36 provider as required by this chapter. The records submitted to the
444444 37 state department are not public records and may not be inspected
445445 38 by the public. Only the report described in subsection (c) is a public
446446 39 record.
447447 40 (b) The state department shall adopt rules under IC 4-22-2
448448 41 concerning the procedure for submitting records to comply with
449449 42 this chapter.
450450 2025 IN 1011—LS 6048/DI 104 11
451451 1 (c) Not later than February 1 of each year, the state department
452452 2 shall generate and make available to the public an annual
453453 3 statistical report of the records collected under this section. The
454454 4 report may not disclose any personally identifiable information of
455455 5 the providers or the patients whose medical records were
456456 6 submitted.
457457 7 Sec. 21. (a) An individual or a health care provider who in good
458458 8 faith provides medical care in compliance with this chapter,
459459 9 including:
460460 10 (1) writing or dispensing a prescription for medication under
461461 11 this chapter; or
462462 12 (2) being present when a qualified patient self-administers the
463463 13 medication under this chapter;
464464 14 is immune from professional, civil, and criminal liability arising
465465 15 from the provision of care.
466466 16 (b) Except as provided in subsection (d), a professional
467467 17 organization or association or a health care provider may not
468468 18 subject a person to censure, discipline, suspension, loss of license,
469469 19 loss of privileges, loss of membership, or other penalty for
470470 20 participating or refusing to participate in good faith compliance
471471 21 with this chapter.
472472 22 (c) A health care provider may not be required to participate in
473473 23 the dispensing or prescribing of medication under this chapter to
474474 24 a patient who meets the requirements of this chapter. If a health
475475 25 care provider is unwilling or unable to carry out a patient's request
476476 26 under this chapter, the health care provider shall transfer, upon
477477 27 the patient's request, a copy of the patient's relevant medical
478478 28 records to the subsequent health care provider.
479479 29 (d) A health care provider may prohibit another health care
480480 30 provider from participating under this chapter on the prohibiting
481481 31 health care provider's premises if the prohibiting health care
482482 32 provider has given notice of the prohibition to health care
483483 33 providers with privileges to practice on the prohibiting health care
484484 34 provider's premises. This subsection does not prohibit a health
485485 35 care provider from providing other health care services to the
486486 36 patient. The prohibiting health care provider may sanction a health
487487 37 care provider described in this subsection for participating under
488488 38 this chapter in violation of the prohibition.
489489 39 (e) A health care facility may not prohibit a health care provider
490490 40 from providing services consistent with the applicable standard of
491491 41 medical care, including:
492492 42 (1) informing and providing information concerning medical
493493 2025 IN 1011—LS 6048/DI 104 12
494494 1 aid in dying;
495495 2 (2) being present when a qualified patient self-administers the
496496 3 medication, if requested by the qualified patient or
497497 4 representative; and
498498 5 (3) referring the patient to another health care provider.
499499 6 (f) A request by an individual to provide medication under this
500500 7 chapter does not solely constitute neglect or elder abuse under any
501501 8 law and may not be the sole basis for the appointment of a
502502 9 guardian or conservator of an individual.
503503 10 (g) This section does not limit civil or criminal liability for
504504 11 negligence, recklessness, or intentional misconduct.
505505 12 Sec. 22. (a) A person who, without authorization of the patient,
506506 13 willfully alters, forges, conceals, or destroys a request for
507507 14 medication or a rescission of a request for medication under this
508508 15 chapter with the intent or effect of causing the patient's death
509509 16 commits a Level 1 felony.
510510 17 (b) A person who knowingly or intentionally coerces or exerts
511511 18 undue influence on a patient to request medication to bring about
512512 19 the patient's peaceful death or to destroy a rescission of a request
513513 20 for medication under this chapter commits a Level 1 felony.
514514 21 (c) A person who knowingly or intentionally, without
515515 22 authorization of the patient, alters, forges, conceals, or destroys an
516516 23 instrument, the reinstatement or revocation of an instrument, or
517517 24 any other evidence or document reflecting the patient's desires and
518518 25 interests to obtain medication under this chapter with the intent or
519519 26 effect of affecting a health care decision commits a Class A
520520 27 misdemeanor.
521521 28 Sec. 23. This chapter is severable as provided in IC 1-1-1-8(b).
522522 29 SECTION 9. IC 27-2-30 IS ADDED TO THE INDIANA CODE AS
523523 30 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
524524 31 1, 2025]:
525525 32 Chapter 30. Nonapplication of Suicide Clause
526526 33 Sec. 1. For purposes of this chapter, an individual is an "insured
527527 34 individual" if a life insurance policy provides for the payment of
528528 35 benefits upon the death of the individual, regardless of whether the
529529 36 payment of benefits is subject to certain conditions or exclusions.
530530 37 Sec. 2. As used in this chapter, "life insurance policy" means
531531 38 any policy of insurance, whether issued on an individual or group
532532 39 basis, that:
533533 40 (1) is issued in Indiana or issued for delivery in Indiana; and
534534 41 (2) provides for the payment of benefits upon the death of the
535535 42 insured individual.
536536 2025 IN 1011—LS 6048/DI 104 13
537537 1 Sec. 3. As used in this chapter, "suicide clause" means a
538538 2 provision of a life insurance policy under which the payment of
539539 3 benefits may be denied if the death of the insured individual is the
540540 4 result of suicide.
541541 5 Sec. 4. (a) An insurer shall not deny payment of benefits under
542542 6 a life insurance policy based upon a suicide clause in the life
543543 7 insurance policy if the death of the insured individual is the result
544544 8 of medical aid in dying as provided in IC 16-36-8.
545545 9 (b) Subsection (a) applies regardless of the length of time that
546546 10 passes between the issuance of the policy and the death of the
547547 11 insured individual.
548548 12 SECTION 10. IC 34-30-2.1-229.2 IS ADDED TO THE INDIANA
549549 13 CODE AS A NEW SECTION TO READ AS FOLLOWS
550550 14 [EFFECTIVE JULY 1, 2025]: Sec. 229.2. IC 16-36-8-21 (Concerning
551551 15 an individual or health care provider providing assistance to a
552552 16 patient who is terminally ill).
553553 17 SECTION 11. IC 35-52-16-27.5 IS ADDED TO THE INDIANA
554554 18 CODE AS A NEW SECTION TO READ AS FOLLOWS
555555 19 [EFFECTIVE JULY 1, 2025]: Sec. 27.5. IC 16-36-8-22 defines crimes
556556 20 concerning medical aid in dying.
557557 2025 IN 1011—LS 6048/DI 104