HB 1255

                                                             Introduced Version
           HOUSE BILL No. 1255
                 _____
              DIGEST OF INTRODUCED BILL
Citations Affected: IC 16-36-1-5.
Synopsis: Presumption of continuation of life. Establishes a
presumption that the continuation of life is in a minor's best interests.
Requires a health care provider to obtain the consent of each parent or
each legal guardian before issuing a do not resuscitate order or
otherwise withholding or withdrawing treatment to allow the natural
death of a minor. Prohibits a health care provider from interfering with
the transfer of a minor patient at the request of a parent or guardian or
otherwise preventing life saving measures before or during the transfer.
States that a court does not have jurisdiction to withdraw life sustaining
treatment for a minor.
Effective: July 1, 2026.
            Sweet, Patterson, Cash
   January 5, 2026, read first time and referred to Committee on Public Health.
2026  IN 1255—LS 6506/DI 104
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
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 provision adopted), the text of the new provision will appear in this style type. Also, the
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 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   HOUSE BILL No. 1255
    A BILL FOR AN ACT to amend the Indiana Code concerning
 health.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 16-36-1-5, AS AMENDED BY P.L.67-2018,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2026]: Sec. 5. (a) If an adult incapable of consenting under
4 section 4 of this chapter has not appointed a health care representative
5 under section 7 of this chapter or the health care representative
6 appointed under section 7 of this chapter is not reasonably available or
7 declines to act, except as provided in sections 9 and 9.5 of this chapter,
8 consent to health care may be given in the following order of priority:
9      (1) A judicially appointed guardian of the person or a
10      representative appointed under section 8 of this chapter.
11      (2) A spouse.
12      (3) An adult child.
13      (4) A parent.
14      (5) An adult sibling.
15      (6) A grandparent.
16      (7) An adult grandchild.
17      (8) The nearest other adult relative in the next degree of kinship
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1      who is not listed in subdivisions (2) through (7).
2      (9) A friend who:
3(A) is an adult;
4(B) has maintained regular contact with the individual; and
5(C) is familiar with the individual's activities, health, and
6religious or moral beliefs.
7      (10) The individual's religious superior, if the individual is a
8      member of a religious order.
9    (b) Except as provided in subsection (f), consent to health care for
10 a minor not authorized to consent under section 3 of this chapter may
11 be given by any of the following:
12      (1) A judicially appointed guardian of the person or a
13      representative appointed under section 8 of this chapter.
14      (2) A parent or an individual in loco parentis if:
15(A) there is no guardian or other representative described in
16subdivision (1);
17(B) the guardian or other representative is not reasonably
18available or declines to act; or
19(C) the existence of the guardian or other representative is
20unknown to the health care provider.
21      (3) An adult sibling of the minor if:
22(A) there is no guardian or other representative described in
23subdivision (1);
24(B) a parent or an individual in loco parentis is not reasonably
25available or declines to act; or
26(C) the existence of the parent or individual in loco parentis is
27unknown to the health care provider after reasonable efforts
28are made by the health care provider to determine whether the
29minor has a parent or an individual in loco parentis who is able
30to consent to the treatment of the minor.
31      (4) A grandparent of the minor if:
32(A) there is no guardian or other representative described in
33subdivision (1);
34(B) a parent, an individual in loco parentis, or an adult sibling
35is not reasonably available or declines to act; or
36(C) the existence of the parent, individual in loco parentis, or
37adult sibling is unknown to the health care provider after
38reasonable efforts are made by the health care provider to
39determine whether the minor has a parent, an individual in
40loco parentis, or an adult sibling who is able to consent to the
41treatment of the minor.
42    (c) A representative delegated authority to consent under section 6
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1 of this chapter has the same authority and responsibility as the
2 individual delegating the authority.
3     (d) An individual authorized to consent for another under this
4 section shall act in good faith and in the best interest of the individual
5 incapable of consenting.
6     (e) If there are multiple individuals at the same priority level under
7 this section, those individuals shall make a reasonable effort to reach
8 a consensus as to the health care decisions on behalf of the individual
9 who is unable to provide health care consent. If the individuals at the
10 same priority level disagree as to the health care decisions on behalf of
11 the individual who is unable to provide health care consent, a majority
12 of the available individuals at the same priority level controls.
13     (f) This subsection does not apply to a minor described in
14 section 3(a)(2) of this chapter. It is hereby established that there is
15 a presumption that the continuation of life is in a minor's best
16 interests, including a minor who is born premature at less than
17 twenty (20) weeks gestation. A health care provider may not issue
18 a do not resuscitate order or otherwise withhold or withdraw
19 treatment that would allow the natural death of a minor unless the
20 health care provider has received the consent of each parent or
21 each legal guardian of the minor. Consent by each parent or each
22 legal guardian must be given orally and in writing to the health
23 care provider. The health care provider must have at least two (2)
24 witnesses attest that the consent was given by each parent or each
25 legal guardian. The health care provider shall document the
26 consent in the minor's medical record, specifying each parent or
27 legal guardian who gave consent. A parent or legal guardian may
28 revoke the consent at any time either orally or in writing.
29     (g) This subsection does not apply to a minor described in
30 section 3(a)(2) of this chapter. A health care provider may not
31 interfere with the efforts of a parent or legal guardian to obtain
32 other medical opinions or transfer the minor's care to another
33 health care provider. A health care provider may not hinder or
34 delay necessary medical measures for a minor, including a
35 tracheostomy or gastrostomy tube required to transfer a minor
36 patient's care to another health care provider. If the parent or legal
37 guardian of a minor requests a transfer for the minor patient's
38 care, the health care provider must continue to provide life
39 sustaining procedures, including nutrition and hydration, until the
40 transfer is made.
41     (h) This subsection does not apply to a minor described in
42 section 3(a)(2) of this chapter. A court does not have jurisdiction to
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1 withdraw life sustaining procedures from a minor over the
2 objection of a parent or legal guardian.
2026  IN 1255—LS 6506/DI 104