Title X, Public Health

I. Every person wishing to execute an advance directive shall be provided with a disclosure statement substantially in the form set forth in RSA 137-J:19 prior to execution. II. An advance directive executed on or after the effective date of this chapter shall be substantially in…

I. The advance directive shall be signed by the principal in the presence of either of the following: (a) Two or more subscribing witnesses, neither of whom shall, at the time of execution, be the agent or surrogate, the principal's spouse or heir at law, or a person entitled to …

I. An advance directive consistent with the provisions of this chapter shall be revoked: (a) By written revocation delivered to the agent or surrogate or to a health care provider or residential care provider expressing the principal's intent to revoke, signed and dated by the pr…

Nothing in this chapter limits the enforceability of an advance directive or similar instrument validly executed under prior New Hampshire law.

A DNR, POLST, durable power of attorney for health care, living will, or similar document executed in another state, and valid according to the laws of the state where it was executed, shall be as effective in this state as it would have been if executed according to the laws of …

If the principal lists more than one person as the agent in a durable power of attorney for health care directive, the agents shall have authority in priority of the order in which their names are listed on the document, unless the method of joint agency is expressly included.

The disclosure statement which must accompany an advance directive shall be in substantially the following form: AN ADVANCE DIRECTIVE IS A LEGAL DOCUMENT. YOU SHOULD KNOW THESE FACTS BEFORE SIGNING IT. BULLET This form allows you to choose who you want to make decisions about you…

In this chapter: I. "Actively dying" means an incurable condition caused by injury, disease, or illness which is such that death is imminent and the application of life-sustaining treatment would, to a reasonable degree of medical certainty only postpone the moment of death to an…

An advance directive in its individual "Durable Power of Attorney for Health Care" and "Living Will" components shall be in substantially the following form: NEW HAMPSHIRE ADVANCE DIRECTIVE FORM Name (Principal's Name): __________________________________________________ DOB: ____…

I. On motion filed in connection with a petition for appointment of a guardian or on petition of a guardian if one has been appointed, the probate court shall consider whether the authority of an agent designated pursuant to an advance directive should be suspended or revoked. In…

I. The principal or any person who is a near relative of the principal, or who is a responsible adult who is directly interested in the principal by personal knowledge and acquaintance, including, but not limited to a guardian, social worker, physician, or member of the clergy, m…

A person who knowingly and falsely makes, alters, forges, or counterfeits, or knowingly and falsely causes to be made, altered, forged, or counterfeited, or procures, aids or counsels the making, altering, forging, or counterfeiting, of an advance directive or revocation of same …

The provisions of this subdivision apply to all persons regardless of whether or not they have completed an advance directive.

I. Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which the health care provider or residential care provider has actual knowledge, …

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…

I. Health care providers and residential care providers shall comply with the do not resuscitate order when presented with one of the following: (a) A do not resuscitate order or POLST that indicates Do Not Resuscitate completed by the attending practitioner on a form as specifie…

I. No health care provider or residential care provider, or any other person acting for the provider or under the provider's control, shall be subjected to criminal or civil liability, or be deemed to have engaged in unprofessional conduct, for carrying out in good faith a do not…

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 other professional staff of the health care …

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-ex…

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 chap…

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…

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 t…

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 iss…

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 age…

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. …

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 requ…

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, …

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 principal's behalf that the princip…

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 writi…

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…

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 principal who is an…

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 car…