reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:7 - Joint Responsibilities of the Commissioner of the Department of Education and the Commissioner of the Department of Health and Human Services.

135-F:7 Joint Responsibilities of the Commissioner of the Department of Education and the Commissioner of the Department of Health and Human Services. –
I. The commissioner of the department of education and the commissioner of the department of health and human services shall enter into an interagency agreement which supports full implementation of a system of care. The agreement shall be completed no later than December 1, 2017, and shall be amended as necessary and renewed no less frequently than every 2 years. The agreement shall provide for:
(a) Coordination of a delivery system of behavioral health services across the life span of children, youth, and adults with behavioral health needs.
(b) Maximum federal reimbursement and revenue.
(c) Coordination of care and funding among agencies.
(d) Assistance to local education and behavioral health providers, including but not limited to:
(1) Development of model agreements to be utilized by school districts, other education providers, area agencies, community mental health centers, and other entities participating in the system of care.
(2) Provision of technical assistance to support development of coordinated services by area agencies, community mental health centers, and other entities participating in the system of care.
(3) Provision of technical assistance to school districts and other education providers to support implementation of MTSS-B.
II. The commissioners may apply for any federal waivers, plan amendments, or other changes or expansion of federal funding mechanisms necessary to implement the provisions of the agreement.
Source.
2016, 203:2, eff. June 6, 2016. 2020, 38:30, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:8 - Family Support Clearinghouse.

135-F:8 Family Support Clearinghouse. –
I. The department of health and human services shall establish and maintain an information clearinghouse for families seeking information regarding children's behavioral health services. The clearinghouse functions required by this section may be assigned to an entity that has responsibilities in addition to those required by this section.
II. The information provided shall be available on the department of health and human services website and shall include:
(a) Access to mobile crisis and stabilization services.
(b) Insurance coverage and other reimbursement sources.
(c) The results of assessments of the quality of service providers and whether they utilize evidence-based practices.
(d) Referral information for legal service organizations.
(e) Referral information, including links to websites and contact telephone numbers, for behavioral health service providers, organized by region.
(f) Advice and guidance regarding family navigation of the behavioral health system.
Source.
2019, 44:4, eff. Aug. 2, 2019; 346:332, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:9 - System of Care Advisory Committee.

135-F:9 System of Care Advisory Committee. –
The department of education and the department of health and human services shall create a system of care advisory committee to improve the well-being of children and families; promote coordination across state agencies; identify cost-savings, opportunities to increase efficiency, and improvements to the service array and service delivery system and effectiveness; and assist and advise the commissioners of the department of education and the department of health and human services on the system of care principles and values and implementation of RSA 135-F. The committee shall include youth and families with relevant experience and members of the child-serving public and private agencies, including experts in education, community-based and facility-based behavioral health services, and effective administration of private and public educational and health services. The committee shall meet at least 6 times per year and at such other times as the chairperson deems necessary.
Source.
2019, 44:4, eff. Aug. 2, 2019; 346:332, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:3 - Freedom From Influence; Notice Required.

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 not resuscitate order, or POLST, or require any person to execute an advance directive or require the issuance of a do not resuscitate order as a condition of admission to a hospital, nursing home, or residential care home, or as a condition of being insured for, or receiving, health or residential care services. Health or residential care services shall not be refused because a person is known to have executed an advance directive or have a do not resuscitate order.
II. The execution of an advance directive or POLST pursuant to this chapter shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired, modified or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured person notwithstanding any term of the policy to the contrary.
Source.
2006, 302:2, eff. Jan. 1, 2007. 2021, 176:1, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:4 - Severability.

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 of this chapter are severable.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:6 - Requirement to Act in Accordance With Principal's Wishes and Best Interests.

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 writing, including but not limited to in the durable power of attorney for health care and the living will, or otherwise communicated by the principal, or, if the principal's wishes are unknown, in accordance with the agent's or surrogate's assessment of the principal's best interests and in accordance with accepted medical practice.
Source.
2006, 302:2. 2009, 54:4. 2014, 239:14, eff. Jan. 1, 2015. 2020, 39:30, eff. Jan. 1, 2021. 2021, 176:2, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:8 - Restrictions on Who May Act as Agent or Surrogate.

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 principal who is an employee of the principal's health care provider or residential care provider.
Source.
2006, 302:2. 2014, 239:8, eff. Jan. 1, 2015. 2021, 176:2, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:9 - Confidentiality and Access to Protected Health Information.

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, necessary for the purpose of assisting the agent or surrogate in making health care decisions on the principal's behalf.
(b) Provide copies of the principal's advance directive as necessary to facilitate treatment of the principal.
II. Subject to any limitations set forth in the durable power of attorney for health care by the principal, an agent or surrogate whose authority is in effect shall be authorized, for the purpose of making health care decisions, to:
(a) Request, review, and receive any information, oral or written, regarding the principal's physical or mental health, including, but not limited to, medical and hospital records.
(b) Execute any releases or other documents which may be required in order to obtain such medical information.
(c) Consent to the disclosure of such medical information to a third party.
Source.
2006, 302:2, eff. Jan. 1, 2007. 2021, 176:2, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:11 - Liability for Health Care Costs.

137-J:11 Liability for Health Care Costs. –
Liability for the cost of health care provided pursuant to the agent's or surrogate's decision shall be the same as if the health care were provided pursuant to the principal's decision.
Source.
2006, 302:2, eff. Jan. 1, 2007. 2021, 176:2, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:12 - Immunity.

137-J:12 Immunity. –
I. No person acting as agent pursuant to an advance directive or acting as a surrogate shall be subjected to criminal or civil liability for making a health care decision on behalf of the principal in good faith pursuant to the provisions of this chapter and the terms of the advance directive, if any if such person made such decision in a manner consistent with the requirements of this chapter and New Hampshire law.
II. 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 civil or criminal liability or be deemed to have engaged in unprofessional conduct for:
(a) Any act or intentional failure to act, if the act or intentional failure to act is done pursuant to the dictates of an advance directive, the directives of the principal's agent or surrogate, and/or the provisions of this chapter, and said act or intentional failure to act is done in good faith and in keeping with reasonable medical standards pursuant to the advance directive or a surrogacy and in accordance with this chapter; or
(b) Failure to follow the directive of an agent or surrogate if the health care provider or residential care provider or other such person believes in good faith and in keeping with reasonable medical standards that such directive exceeds the scope of or conflicts with the authority of the agent or surrogate under this chapter or the contents of the principal's advance directive; provided, that this subparagraph shall not be construed to authorize any violation of RSA 137-J:7.
III. Nothing in this section shall be construed to establish immunity for the failure to exercise due care in the provision of services or for actions contrary to the requirements of this chapter or other laws of the state of New Hampshire.
IV. For purposes of this section, "good faith" means honesty in fact in the conduct of the transaction concerned.
Source.
2006, 302:2. 2014, 239:10, eff. Jan. 1, 2015. 2021, 176:3, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:13 - Use of Statutory Forms.

137-J:13 Use of Statutory Forms. –
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 the form set forth in RSA 137-J:20.
III. [Repealed.]
Source.
2006, 302:2. 2013, 224:3, eff. Jan. 1, 2014. 2021, 176:4, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:14 - Execution and Witnesses.

137-J:14 Execution and Witnesses. –
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 any part of the estate of the principal upon death of the principal under a will, trust, or other testamentary instrument or deed in existence or by operation of law, or attending practitioner, or person acting under the direction or control of the attending practitioner. No more than one such witness may be the principal's health or residential care provider or such provider's employee. The witnesses shall affirm that the principal appeared to be of sound mind and free from duress at the time the advance directive was signed and that the principal affirmed awareness of the nature of the document and signed it freely and voluntarily; or
(b) A notary public or justice of the peace, who shall acknowledge the principal's signature pursuant to the provisions of RSA 456-B.
II. If the principal is physically unable to sign, the advance directive may be signed by another person who signs the principal's name in the principal's physical presence and at the principal's express direction.
Source.
2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:35, eff. Jan. 1, 2021. 2021, 176:5, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:15 - Revocation.

137-J:15 Revocation. –
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 principal; by oral revocation in the presence of 2 or more witnesses, none of whom shall be a person disqualified from acting as a witness under RSA 137-J:14, I(a); or by any other act evidencing a specific intent to revoke the power, such as by burning, tearing, or obliterating the same or causing the same to be done by some other person at the principal's direction and in the principal's physical presence;
(b) By execution by the principal of a subsequent advance directive; or
(c) By the filing of an action for divorce, legal separation, annulment or protective order, where both the agent and/or the surrogate, and the principal are parties to such action, except when there is an alternate agent designated, in which case the designation of the primary agent shall be revoked and the alternate designation shall become effective. Re-execution or written re-affirmation of the advance directive following a filing of an action for divorce, legal separation, annulment, or protective order shall make effective the original designation of the primary agent under the advance directive.
(d) [Repealed.]
II. A principal's health or residential care provider who is informed of or provided with a revocation of an advance directive or surrogacy shall immediately record the revocation, and the time and date when the revocation was received, in the principal's medical record and notify the agent, the attending practitioner, and staff responsible for the principal's care of the revocation. An agent who becomes aware of such revocation shall inform the principal's health or residential care provider of such revocation. Revocation shall become effective upon communication to the attending practitioner.
Source.
2006, 302:2. 2009, 54:4. 2014, 239:11, eff. Jan. 1, 2015. 2017, 178:2, eff. Jan. 1, 2018. 2020, 39:36, eff. Jan. 1, 2021. 2021, 176:5, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:16 - Documents Executed Prior to Enactment.

137-J:16 Documents Executed Prior to Enactment. –
Nothing in this chapter limits the enforceability of an advance directive or similar instrument validly executed under prior New Hampshire law.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:17 - Reciprocity.

137-J:17 Reciprocity. –
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 this state, provided that this paragraph shall not be construed to authorize any violation of this chapter.
Source.
2006, 302:2. 2012, 252:1, eff. June 18, 2012. 2021, 176:6, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:18 - Naming of Multiple Agents.

137-J:18 Naming of Multiple Agents. –
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.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:21 - Effect of Appointment of Guardian; Inconsistency.

137-J:21 Effect of Appointment of Guardian;  Inconsistency. –
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 making its determination, the probate court shall take into consideration the preferences of the principal as expressed in the advance directive. No such consideration shall change the procedures or burden of proof involved in the guardianship process as otherwise provided by law or procedures. In such consideration, the advance directive and agent appointed shall be presumed to be in the best interest of the principal and valid, absent clear and convincing evidence to the contrary.
II. To the extent that a durable power of attorney for health care, or such component of an advance directive as set forth in RSA 137-J:20, conflicts with a terminal care document or living will, or such component of an advance directive as set forth in RSA 137-J:20, the durable power of attorney for health care shall control.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:22 - Civil Action.

137-J:22 Civil Action. –
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, may file an action in the probate court of the county where the principal is located at the time:
(a) Requesting that an advance directive be revoked on the grounds that the principal was not of sound mind or was under duress, fraud, or undue influence when the advance directive was executed, and shall have all the rights and remedies provided by RSA 564-E:116 which shall apply to directives executed under this chapter and persons acting pursuant to this chapter.
(b) Challenging the right of any agent or surrogate who is acting or who proposes to act as such pursuant to this chapter and naming another person, who agrees to so act, to be appointed guardian over the person of the principal for the sole purpose of making health care decisions, as provided for in RSA 464-A.
II. A copy of any such action shall be given in hand to the principal's attending practitioner and, as applicable, to the principal's health care provider or residential care provider. To the extent they are not irreversibly implemented, health care decisions made by a challenged agent or surrogate shall not thereafter be implemented without an order of the probate court or a withdrawal or dismissal of the court action; provided, that this paragraph shall not be construed to authorize any violation of RSA 137-J:7.
III. The probate court in which such a petition is filed shall hold a hearing as expeditiously as possible.
Source.
2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2017, 178:3, eff. Jan. 1, 2018. 2020, 39:39, eff. Jan. 1, 2021. 2021, 176:8, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:23 - Penalty.

137-J:23 Penalty. –
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 with the intent to injure or defraud a person shall be guilty of a class B felony, notwithstanding any provisions in title LXII.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:24 - Applicability.

137-J:24 Applicability. –
The provisions of this subdivision apply to all persons regardless of whether or not they have completed an advance directive.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:25 - Presumed Consent to Cardiopulmonary Resuscitation; Health Care Providers and Residential Care Providers Not Required to Expand to Provide Cardiopulmonary Resuscitation.

137-J:25 Presumed Consent to Cardiopulmonary Resuscitation;  Health Care Providers and Residential Care Providers Not Required to Expand to Provide Cardiopulmonary Resuscitation. –
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, apply:
(a) A do not resuscitate order in accordance with the provisions of this chapter has been issued for that person;
(b) A completed advance directive for that person is in effect, pursuant to the provisions of this chapter, in which the person indicated a wish not to receive cardiopulmonary resuscitation, or the principal's agent or surrogate has determined that the person would not wish to receive cardiopulmonary resuscitation;
(c) A person who lacks capacity to make health care decisions is actively dying and admitted to a health care facility, and the person's agent or surrogate is not available and the facility has made diligent efforts to contact the agent or surrogate without success, or the person's agent or surrogate is not legally capable of making health care decisions for the person, and the attending practitioner and a physician knowledgeable about the patient's condition, have determined that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards and would cause unnecessary harm to the person, and the attending practitioner has completed a do not resuscitate order; or
(d) A person is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof.
(e) The application of cardiopulmonary resuscitation would clearly be medically futile based on accepted medical standards.
II. Nothing in this section shall be construed to revoke any statute, regulation, or law otherwise requiring or exempting a health care provider or residential care provider from instituting or maintaining the ability to provide cardiopulmonary resuscitation or expanding its existing equipment, facilities, or personnel to provide cardiopulmonary resuscitation.
Source.
2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:40, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:26 - Issuance of a Do Not Resuscitate Order; Order to be Written by the Attending Practitioner.

137-J:26 Issuance of a Do Not Resuscitate Order;  Order to be Written by the Attending Practitioner. –
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.
Source.
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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:27 - Compliance With a Do Not Resuscitate Order.

137-J:27 Compliance With a Do Not Resuscitate Order. –
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 specified in RSA 137-J:26;
(b) A do not resuscitate order or POLST indicating Do Not Resuscitate for a person present or residing in a health care facility issued in accordance with the health care facility's policies and procedures in compliance with the chapter; or
(c) A medical orders or POLST form on which the attending practitioner has documented a do not resuscitate order in compliance with this chapter.
(d) Do not resuscitate identification as set forth in RSA 137-J:33.
II. Pursuant to this chapter, health care providers shall respect do not resuscitate orders for persons in health care facilities, ambulances, homes, and communities within this state.
Source.
2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:42, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 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.

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 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 resuscitate or POLST order authorized by this chapter on behalf of a person as instructed by the person, or the person's agent or surrogate, or for those actions taken in compliance with the standards and procedures set forth in this chapter.
II. No health care provider or residential care provider, or any other person acting for the provider or under the provider's control, or other individual who witnesses a cardiac or respiratory arrest shall be subjected to criminal or civil liability for providing cardiopulmonary resuscitation to a person for whom a do not resuscitate order has been issued; provided, that such provider or individual:
(a) Reasonably and in good faith is unaware of the issuance of a do not resuscitate order; or
(b) Reasonably and in good faith believed that consent to the do not resuscitate order has been revoked or canceled.
III. (a) Any attending practitioner who, because of personal beliefs or conscience, refuses to issue a do not resuscitate order at a person's request or to comply with a do not resuscitate or POLST order issued pursuant to this chapter shall take reasonable steps to advise promptly the person or agent or surrogate of the person that such attending practitioner is unwilling to effectuate the order. The attending practitioner shall thereafter at the election of the person or agent or surrogate permit the person or agent or surrogate to obtain another attending practitioner.
(b) If an attending practitioner, because of the practitioner's personal beliefs or conscience, is unable to comply with the terms of a do not resuscitate or POLST order, the practitioner shall immediately inform the person, the person's agent or surrogate. The person or the person's agent or surrogate[ may then request that the case be referred to another practitioner, as set forth in RSA 137-J:7.
Source.
2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:43, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:29 - Revocation or Suspension of Do Not Resuscitate or POLST Order.

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 other professional staff of the health care facility.
II. At any time a principal residing outside a health care facility may revoke the principal's do not resuscitate or POLST order by destroying such order and removing do not resuscitate identification on the principal's person or by making either a written, oral, or other act of communication to a healthcare provider that is present with the principal.
III. At any time, in accordance with RSA 137-J:6, an agent or surrogate may revoke a do not resuscitate or POLST order for a principal who lacks capacity to make health care decisions who is admitted to a health care facility by making either a written, oral, or other act of communication to the attending practitioner or other professional staff at the health care facility.
IV. At any time, in accordance with RSA 137-J:6, an agent or surrogate may revoke a do not resuscitate or POLST order for a principal who lacks capacity to make health care decisions who is residing outside a health care facility by destroying such order and removing do not resuscitate identification from the principal's person, or by making either written, oral, or other act of communication to a healthcare provider that is present with the principal. The agent is responsible for notifying the person's attending practitioner of the revocation.
V. The attending practitioner who is informed of or provided with a revocation of consent pursuant to this section shall immediately cancel or suspend the do not resuscitate or POLST order in the principal's medical record if the principal is in a health care facility and notify the professional staff of the health care facility responsible for the principal's care of the revocation, suspension, or cancellation. Any professional staff of the health care facility who is informed of or provided with a revocation of consent pursuant to this section shall immediately notify the attending practitioner of such revocation.
Source.
2006, 302:2. 2009, 54:4, 5, eff. July 21, 2009. 2020, 39:43, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:30 - Not Suicide or Murder.

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 responsibility for any criminal acts that may have caused the person's condition. Nothing in this chapter shall be construed to legalize, constitute, condone, authorize, or approve suicide, assisted suicide, mercy killing, or euthanasia.
Source.
2006, 302:2, eff. Jan. 1, 2007. 2021, 176:10, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:31 - Interinstitutional Transfers.

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 resuscitate order, the do not resuscitate card as described in RSA 137-J:26, or the medical orders form shall accompany the person to the health care facility receiving the person and shall remain effective until a physician at the receiving facility issues admission orders. The do not resuscitate card or the medical orders form shall be kept as the first page in the person's transfer records.
Source.
2006, 302:2, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:32 - Preservation of Existing Rights.

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 construed to authorize any violation of RSA 137-J:7.
II. Nothing in this chapter shall be construed to preclude a court of competent jurisdiction from approving the issuance of a do not resuscitate order under circumstances other than those under which such an order may be issued pursuant to the provisions of this chapter.
Source.
2006, 302:2, eff. Jan. 1, 2007. 2021, 176:11, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:33 - Do Not Resuscitate Identification.

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 only upon presentation of a properly executed do not resuscitate order form as set forth in RSA 137-J:26, a medical orders form in which a physician, physician assistant, or advanced practice registered nurse has documented a do not resuscitate order, or a do not resuscitate order properly executed in accordance with a health care facility' s written policy and procedure.
Source.
2006, 302:2. 2009, 54:5, eff. July 21, 2009. 2020, 39:44, eff. Jan. 1, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:34 - Repealed by 2021, 176:15, eff. July 30, 2021.

137-J:34 Repealed by 2021, 176:15, eff. July 30, 2021. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:35 - Surrogate Decision-making.

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 agent is available, willing and able to act. When no health care agent is authorized and available, the health care provider shall make a reasonable inquiry as to the availability of possible surrogates listed under this paragraph. A surrogate decision-maker may make medical decisions on behalf of a patient without court order or judicial involvement in the following order of priority:
(a) The patient's spouse, or civil union partner or common law spouse as defined by RSA 457:39 if the principal were currently deceased, unless there is a divorce proceeding, separation agreement, or restraining order limiting that person's relationship with the patient.
(b) Any adult son or daughter of the patient.
(c) Either parent of the patient.
(d) Any adult brother or sister of the patient.
(e) Any adult grandchild of the patient.
(f) Any grandparent of the patient.
(g) Any adult aunt, uncle, niece, or nephew of the patient.
(h) A close friend of the patient.
(i) The agent with financial power of attorney or a conservator appointed in accordance with RSA 464-A.
(j) The guardian of the patient's estate.
II. The attending practitioner may identify a surrogate from the list in paragraph I if the attending practitioner determines the surrogate is able and willing to act, and determines after reasonable inquiry that neither a legal guardian, health care agent under a durable power of attorney for health care, nor a surrogate of higher priority is available and able and willing to act. The surrogate decision-maker, as identified by the attending practitioner, may make health care decisions for the patient, in accordance with RSA 137-J:6. The surrogacy provisions of this chapter shall take effect when the decision-maker names are recorded in the medical record. The attending practitioner shall have the right to rely on any of the above surrogates if the attending practitioner believes after reasonable inquiry that neither a health care agent under a durable power of attorney for health care or a surrogate of higher priority is available or able and willing to act.
Source.
2014, 239:12, eff. Jan. 1, 2015. 2020, 39:45, eff. Jan. 1, 2021. 2021, 176:12, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:36 - Determining Priority Among Multiple Surrogates.

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 or more surrogates who are in the same category and have equal priority indicate to the attending practitioner that they disagree about the health care decision at issue, a majority of the available persons in that category shall control, unless the minority or any other interested party initiates guardianship proceedings in accordance with RSA 464-A. There shall not be a recognized surrogate when a guardianship proceeding has been initiated and a decision is pending. The person initiating the petition for guardianship shall immediately provide written notice of the initiation of the guardianship proceeding to the health care facility where the patient is being treated. This process shall not preempt the care of the patient. No health care provider or other person shall be required to seek appointment of a guardian.
II. After a surrogate has been identified, the name, address, telephone number, and relationship of that person to the patient shall be recorded in the patient's medical record.
III. Any surrogate who becomes unavailable or unable or unwilling to act for any reason may be replaced by applying the provisions of RSA 137-J:35 in the same manner as for the initial choice of surrogate.
IV. In the event an individual of a higher priority to an identified surrogate becomes available and is willing and able to be the surrogate, the individual with higher priority may be identified as the surrogate. In the event an individual in a higher, a lower, or the same priority level or a health care provider seeks to challenge the priority or ability of the surrogate or the life-sustaining treatment decision of the recognized surrogate decision-maker, the challenging party may initiate guardianship proceedings in accordance with RSA 464-A.
Source.
2014, 239:12, eff. Jan. 1, 2015. 2020, 39:46, eff. Jan. 1, 2021. 2021, 176:13, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-J - Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions › Section 137-J:37 - Limitations of Surrogacy.

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 a surrogate, and may, in the event a surrogate has been identified, revoke the surrogacy if the surrogate is unwilling or unable to act.
III. An attending practitioner may, but shall not be required to, initiate guardianship proceedings or encourage a family member or friend to seek guardianship in the event a patient is determined to lack capacity to make health care decisions and no guardian, agent under a health care power of attorney, or surrogate has been appointed or named.
IV. Nothing in this chapter shall be construed to require an attending practitioner to treat a patient who the practitioner reasonably believes lacks health care decision-making capacity and for whom no guardian, agent, or surrogate has been appointed.
V. The surrogate may make health care decisions for a principal to the same extent as an agent under a durable power of attorney for health care for up to 180 days after being identified in RSA 137-J:35, I. The authority of the surrogate shall terminate if the principal regains the capacity to make health care decisions or a guardian is appointed. The authority of the surrogate shall terminate after 180 days, unless the patient is determined to be actively dying.
Source.
2014, 239:12, eff. Jan. 1, 2015. 2020, 39:47, eff. Jan. 1, 2021. 2021, 176:14, eff. July 30, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 137-K - Brain and Spinal Cord Injuries › Section 137-K:1 - Purpose.

137-K:1 Purpose. –
The purpose of this chapter is to support the needs of individuals who have sustained brain and spinal cord injuries.
Source.
1997, 262:2, eff. June 19, 1997. 2022, 100:1, eff. July 19, 2022.