(a) It is unlawful for a person to willfully:

(1) Conceal, cancel, deface, obliterate, or damage a physician order for life-sustaining treatment form without the consent of the patient or the legal representative of the patient;

(2)

(A) Cause an individual to execute a physician order for life-sustaining treatment form by undue influence, fraud, or duress.

(B) As used in this section, "undue influence" includes without limitation:

(i) Charging a different rate or fee for insurance coverage or healthcare services based upon whether the individual consents to a physician order for life-sustaining treatment form or has executed a physician order for life-sustaining treatment form;

(ii) Requiring a healthcare provider to have an internal policy to offer a physician order for life-sustaining treatment form to any individual;

(iii) Providing any financial incentive, payment, discount, or rating incentive for having an internal policy or procedure relating to the completion of a physician order for life-sustaining treatment form as applied to a healthcare provider or healthcare facility; or

(iv) Imposing a rating or reimbursement penalty if a healthcare provider or healthcare facility fails to achieve a target for physician order for life-sustaining treatment form completions; or

(3) Falsify or forge a physician order for life-sustaining treatment form of another person that results in a direct change of health care provided to the patient.

(b) A person who violates this section is guilty of a Class D felony.

(c) This section does not prevent payment to a healthcare provider or healthcare facility for consultation with or counseling of a patient concerning a physician order for life-sustaining treatment form or for offering advance directive healthcare planning.