Mass. Gen. Laws ch. 19A, sec. 44 — MA Code / Part I / Title II / Chapter 19A / Section 44
Portable orders for life-sustaining treatment (POLST) program
Status: in_force

Section 44. (a) To facilitate the effective and efficient use of portable medical orders across care settings, the department shall, notwithstanding any general or special law to the contrary, develop, implement and administer a program governing the statewide use of portable orders for life-sustaining treatment, in this section referred to as POLST. The POLST program shall transition from the use of medical orders for life-sustaining treatment, also known as MOLST, to the national POLST model. The department shall consult with the department of public health and the executive office of health and human services in the development and implementation of the POLST program. (b) Any patient information submitted to or held by the POLST program shall be kept confidential and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66 and shall be governed by chapter 66A. (c) The department may develop, implement and administer a secure electronic system as part of the POLST program, in this section referred to as the ePOLST system. The ePOLST system shall be a secure electronic database or other similar secure software or information system that enables automated query and retrieval of POLST program information by a health care professional. The department shall promulgate regulations governing the protection of and access to POLST information. The POSLT program includes, but is not limited to, POLST forms, health care proxy forms, guardianship documentation and clinical notes documenting conversations that led to the creation of POLST forms. (d) The department shall establish and maintain procedures to ensure that POLST patient information that may be collected, recorded, transmitted and maintained shall not be disclosed to persons except as provided for in regulations promulgated in accordance with this chapter. (e) The department may contract with another agency or private vendor, as necessary, to ensure the effective operation of ePOLST. Any such contractor shall be bound to comply with, at a minimum, the provisions regarding confidentiality of POLST program information and the regulations promulgated in accordance with this chapter. (f) The department may enter into reciprocal agreements with other states that have compatible ePOLST systems to facilitate access to POLST program information. (g) The secretary may establish an advisory committee to provide advice regarding POLST program issues, including, but not limited to, appropriate user training, policies governing the use of POLST and aspects of program implementation to facilitate the effective and efficient use of portable medical orders across care settings. (h) The department shall promulgate regulations necessary to implement the requirements of this chapter.

Section 44. (a) To facilitate the effective and efficient use of portable medical orders across care settings, the department shall, notwithstanding any general or special law to the contrary, develop, implement and administer a program governing the statewide use of portable orders for life-sustaining treatment, in this section referred to as POLST. The POLST program shall transition from the use of medical orders for life-sustaining treatment, also known as MOLST, to the national POLST model. The department shall consult with the department of public health and the executive office of health and human services in the development and implementation of the POLST program.

(b) Any patient information submitted to or held by the POLST program shall be kept confidential and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66 and shall be governed by chapter 66A.

(c) The department may develop, implement and administer a secure electronic system as part of the POLST program, in this section referred to as the ePOLST system. The ePOLST system shall be a secure electronic database or other similar secure software or information system that enables automated query and retrieval of POLST program information by a health care professional. The department shall promulgate regulations governing the protection of and access to POLST information. The POSLT program includes, but is not limited to, POLST forms, health care proxy forms, guardianship documentation and clinical notes documenting conversations that led to the creation of POLST forms.

(d) The department shall establish and maintain procedures to ensure that POLST patient information that may be collected, recorded, transmitted and maintained shall not be disclosed to persons except as provided for in regulations promulgated in accordance with this chapter.

(e) The department may contract with another agency or private vendor, as necessary, to ensure the effective operation of ePOLST. Any such contractor shall be bound to comply with, at a minimum, the provisions regarding confidentiality of POLST program information and the regulations promulgated in accordance with this chapter.

(f) The department may enter into reciprocal agreements with other states that have compatible ePOLST systems to facilitate access to POLST program information.

(g) The secretary may establish an advisory committee to provide advice regarding POLST program issues, including, but not limited to, appropriate user training, policies governing the use of POLST and aspects of program implementation to facilitate the effective and efficient use of portable medical orders across care settings.

(h) The department shall promulgate regulations necessary to implement the requirements of this chapter.