§ 137-J:26 — Issuance of a Do Not Resuscitate Order; Order to be Written by the Attending Practitioner

New Hampshire § 137-J:26

• Jurisdiction: New Hampshire
• Title X: PUBLIC HEALTH
• Ch. 137-J: WRITTEN DIRECTIVES FOR MEDICAL DECISION MAKING FOR ADULTS WITHOUT CAPACITY TO MAKE HEALTH CARE DECISIONS
• Subdivision: Do Not Resuscitate

Text

I. An attending practitioner may issue a do not resuscitate order for a person if the person, or the person's agent or surrogate, 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 their attending practitioner issue a do not resuscitate order for the person.
III. A do not resuscitate order written by the attending practitioner for such a person with the consent of the agent or surrogate is valid and shall be respected by health care providers and residential care providers.
IV. If an agent or surrogate is not reasonably available and the facility has made diligent efforts to contact the agent or surrogate without success, or the agent or surrogate is not legally capable of making a decision regarding a do not resuscitate order, an attending practitioner may issue a do not resuscitate order for a person who lacks capacity to make health care decisions, who is actively dying, and who is admitted to a health care facility if a second practitioner who has personally examined the person concurs in the opinion of the attending practitioner that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards and would cause unnecessary harm to the person.
V. The do not resuscitate order shall be reflected in at least one of the following forms:
(a) Forms issued in accordance with the policies and procedures of the health care facility in compliance with this chapter if applicable;
(b) A portable DNR (P-DNR); medical orders form documenting the patient's name and signed by an attending practitioner and that clearly documents the DNR order; DNR bracelet or necklace worn by a patient, and inscribed with the patient's name, date of birth (in numerical form), and "NH DNR" or "NH Do not resuscitate"; and POLST constitutes a DNR if it states "This will constitute a DNR Order, and no separate DNR Order will be required."
VI. Portable DNR and POLST (that indicates Do Not Resuscitate) forms are transferable, valid medical orders throughout this state.

Legislative History

2006, 302:2. 2009, 54:4, 5, eff. July 21, 2009. 2020, 39:41, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.