As in effect on May 1, 2008
This rule is adopted pursuant to Title 26, Chapter 21.
This rule provides for the orderly communication and transfer of physician orders that outline individual preferences for life-sustaining treatment when an individual transfers from one licensed health care facility to another.
"Advance directive" means a written instruction, such as a living will or durable power of attorney for health care, recognized under State law relating to the provision of health care when an individual is incapacitated.
(1) A physician may enter a individual's preferences and the physician's orders for life- sustaining treatment on a transferable physician order form. The Department shall, in consultation with the Health Facility Committee, design a uniform transferable physician order for life-sustaining treatment form that may be used by physicians and health care facilities.
(2) Upon admission to a health care facility or acceptance to a home health agency, the facility or agency shall make a good faith effort to determine whether the individual's physician has completed a transferable physician order for life-sustaining treatment.
(a) Health care facilities shall inform each individual, or if the individual does not have the capacity to act, the individual's family or legal representative, about transferable physician orders for life-sustaining treatment in the same manner as required for providing information about advance directives.
(b) The facility shall offer each individual an opportunity to complete a transferable physician order for life-sustaining treatment upon admission to the facility.
(c) The facility shall place the transferable physician order for life-sustaining treatment in a prominent part of the individual's current medical record.
(3) A physician or licensed practitioner, as defined in R432-1-3(69), must sign the transferable physician order for life sustaining treatment.
(4) A health care facility or its employee that makes a good faith effort to follow the instructions in a transferable physician order for life-sustaining treatment is not subject to any Department sanction as a result of those good faith efforts.
(5) The facility shall review the transferable physician order for life-sustaining treatment with the individual, or if the individual does not have the capacity to act, the individual's family or legal representative, when any of the following occur:
(a) there is a substantial, permanent change in the individual's health status;
(b) the individual is transferred from one care setting to another; and
(c) the individual's treatment preferences change.
(6) The transferable physician order for life-sustaining treatment is fully transferable between all licensed health care facilities.
(7) A transferring licensed health care facility shall send the physician order for life-sustaining treatment, if it exists, with the individual to the receiving facility. The receiving facility and health care providers at the receiving facility shall honor the physician order for life-sustaining treatment until it has been properly changed or voided.
health facilities
April 13, 2006
November 21, 2007
26-21
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