2016 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 137-J - WRITTEN DIRECTIVES FOR MEDICAL DECISION MAKING FOR ADULTS WITHOUT CAPACITY TO MAKE HEALTH CARE DECISIONS
Section 137-J:26 - Issuance of a Do Not Resuscitate Order; Order to be Written by the Attending Physician or APRN.
I. An attending physician or APRN may issue a do not resuscitate order for a person if the person, or the person's agent, has consented to the order. A do not resuscitate order shall be issued in writing in the form as described in this section for a person not present or residing in a health care facility. For persons present in health care facilities, a do not resuscitate order shall be issued in accordance with the policies and procedures of the health care facility and in accordance with the provisions of this chapter.
II. A person may request that his or her attending physician or APRN issue a do not resuscitate order for the person.
III. An agent may consent to a do not resuscitate order for a person who lacks the capacity to make health care decisions if the advance directive signed by the principal grants such authority. A do not resuscitate order written by the attending physician or APRN for such a person with the consent of the agent is valid and shall be respected by health care providers and residential care providers.
IV. If an agent is not reasonably available and the facility has made diligent efforts to contact the agent without success, or the agent is not legally capable of making a decision regarding a do not resuscitate order, an attending physician or APRN may issue a do not resuscitate order for a person who lacks capacity to make health care decisions, who is near death, and who is admitted to a health care facility if a second physician who has personally examined the person concurs in the opinion of the attending physician or APRN that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards and would cause unnecessary harm to the person.
V. For persons not present or residing in a health care facility, the do not resuscitate order shall be noted on a medical orders form or in substantially the following form on a card suitable for carrying on the person:
Do Not Resuscitate Order
As attending physician or APRN of __________ and as a licensed physician or advanced practice registered nurse, I order that this person SHALL NOT BE RESUSCITATED in the event of cardiac or respiratory arrest.
This order has been discussed with __________ (or, if applicable, with his/ her agent,) __________, who has given consent as evidenced by his/her signature below.
Attending physician or APRN Name
Attending physician or APRN Signature
Agent Signature (if applicable)
VI. For persons residing in a health care facility, the do not resuscitate order shall be reflected in at least one of the following forms:
(a) Forms required by the policies and procedures of the health care facility in compliance with this chapter;
(b) The do not resuscitate card as set forth in paragraph V; or
(c) The medical orders form in compliance with this chapter.
Source. 2006, 302:2. 2009, 54:4, 5, eff. July 21, 2009.
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