137-J:28 Protection of Persons Carrying Out in Good Faith a Do Not Resuscitate Order; Notification of Agent or Surrogate by Attending Practitioner Refusing to Comply With Do Not Resuscitate or POLST Order. – I. No health care provider or residential care provider, or any other person acting for the provider or under the provider’s […]
137-J:29 Revocation or Suspension of Do Not Resuscitate or POLST Order. – I. At any time a principal admitted as an inpatient or outpatient to a health care facility may revoke a do not resuscitate or POLST order by making either a written, oral, or other act of communication to the attending practitioner or […]
137-J:3 Freedom From Influence; Notice Required. – I. No health care provider or residential care provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall charge a person a different rate because of the existence or non-existence of an advance directive, do […]
137-J:30 Not Suicide or Murder. – The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this chapter shall not, for any purpose, constitute suicide or murder. The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this chapter, however, shall not relieve any individual of […]
137-J:31 Interinstitutional Transfers. – If a person with a do not resuscitate order is transferred from one health care facility to another health care facility, the health care facility initiating the transfer shall communicate the existence of a do not resuscitate order to the receiving facility prior to the transfer. The written do not […]
137-J:32 Preservation of Existing Rights. – I. Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this chapter are cumulative; provided, that this paragraph shall not be […]
137-J:33 Do Not Resuscitate Identification. – Do not resuscitate identification as set forth in this chapter may consist of either a medical condition bracelet or necklace with the inscription of the person’s name, date of birth in numerical form and "NH Do Not Resuscitate" or "NH DNR" on it. Such identification shall be issued […]
137-J:34 Repealed by 2021, 176:15, eff. July 30, 2021. –
137-J:35 Surrogate Decision-making. – I. When a patient lacks capacity to make health care decisions, the attending practitioner shall make a reasonable inquiry pursuant to 137-J:7 as to whether the patient has a valid durable power of attorney for health care and, to the extent that the patient has designated an agent, whether such […]
137-J:36 Determining Priority Among Multiple Surrogates. – I. Where there are multiple surrogate decision-makers at the same priority level in the hierarchy, it shall be the responsibility of those surrogates to make reasonable efforts to reach a consensus as to their decision on behalf of the patient regarding any health care decision. If 2 […]
137-J:37 Limitations of Surrogacy. – I. A surrogate shall not be identified over the express objection of the patient, and a surrogacy shall terminate if at any time a patient for whom a surrogate has been appointed expresses objection to the continuation of the surrogacy. II. No attending practitioner shall be required to identify […]
137-J:4 Severability. – If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions […]
137-J:5 Scope and Duration of Agent’s and Surrogate’s Authority. – I. Subject to the provisions of this chapter and any express limitations set forth by the principal in a durable power of attorney for health care, the agent or surrogate shall have the authority to make any and all health care decisions on the […]
137-J:6 Requirement to Act in Accordance With Principal’s Wishes and Best Interests. – After consultation with the attending practitioner and other health care providers, the agent or surrogate shall make health care decisions in accordance with the agent’s or surrogate’s knowledge of the principal’s wishes and religious or moral beliefs, as stated orally, in […]
137-J:7 Attending Practitioner and Health Care Provider’s Responsibilities. – I. A qualified patient’s attending practitioner, or a qualified patient’s health care provider or residential care provider, and employees thereof, shall follow, as applicable, the directives of a qualified patient’s designated agent or surrogate to the extent they are consistent with this chapter and the […]
137-J:8 Restrictions on Who May Act as Agent or Surrogate. – A person may not exercise the authority of an agent or a surrogate while serving in one of the following capacities: I. The principal’s attending practitioner or a person acting under the direct authority of the attending practitioner. II. A nonrelative of the […]
137-J:9 Confidentiality and Access to Protected Health Information. – I. Health care providers, residential care providers, and persons acting for such providers or under their control, shall be authorized to; (a) Communicate to an agent or surrogate any medical information about the principal, if the principal lacks the capacity to make health care decisions, […]
