As used in this chapter, and with respect to a declarant, witness, or other person who signs or participates in the signing of an out of hospital DNR declaration under this chapter, "presence" means a process of signing and witnessing a DNR declaration in which:

1. (1) the declarant and witness are:

   1. (A) directly present with each other in the same physical space;
   2. (B) able to interact with each other in real time through use of any audiovisual communications technology now known or later developed; or
   3. (C) able to speak to and hear each other in real time through telephonic interaction;

2. (2) the:

   1. (A) identity of the declarant is personally known to all witnesses;
   2. (B) witnesses are able to view a government issued, photographic identification of the declarant; or

   3. (C) witnesses are able to ask any question of the declarant that:

      1. (i) authenticates the identity of the declarant; and
      2. (ii) establishes the capacity and sound mind of the declarant to the satisfaction of the witnesses; and

3. (3) each witness is able to interact with the declarant and each other when observing or hearing in real time, as applicable:

   1. (A) the declarant's expression of intent to execute an out of hospital DNR declaration under this chapter;
   2. (B) the declarant's actions in executing or directing the execution of the out of hospital DNR declaration under this chapter; and

   3. (C) the actions of the declarant and all other witnesses when signing the out of hospital DNR declaration.

      The term includes the use of technology or learned skills for the purpose of assisting with hearing, eyesight, and speech or for the purpose of compensating for a hearing, eyesight, or speech impairment.

As added by P.L.50-2021, SEC.44. Amended by P.L.9-2022, SEC.30; P.L.36-2022, SEC.3.