Chapter 137-L: New Hampshire Polst Registry Act

This chapter shall be known as the "New Hampshire POLST Registry Act."

In this chapter:

I. "Authorized user" means a person authorized by the department to provide information to or receive information from the POLST registry.

II. "Commissioner" means the commissioner of the department of health and human services.

III. "Department" means the department of health and human services.

IV. "Advanced practice registered nurse" means an advanced practice registered nurse licensed under RSA 326-B.

V. "Physician" means a physician licensed under RSA 329.

VI. "Physician associate" means a physician associate licensed under RSA 328-D.

VII. "POLST" means a provider order for life-sustaining treatment signed by a physician, advanced practice registered nurse, or physician associate.

VIII. "POLST registry" means the registry established in RSA 137-L:3.

I. Subject to sufficient funding, the department shall establish and operate a statewide registry for the collection and dissemination of provider orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of his or her life are honored.

II. The commissioner shall adopt rules within 6 months of the effective date of this chapter, pursuant to RSA 541-A relative to:

(a) Requiring submission of the following documents to the registry, if the patient has requested to opt into the registry:

(1) A copy of each POLST;

(2) A copy of a revised POLST; and

(3) Notice of any known revocation of a POLST;

(b) Prescribing the manner for submitting the information described in subparagraph (a);

(c) Requiring the release of registry information to authorized users for treatment purposes;

(d) Authorizing notification by the registry to specified persons of the receipt, revision, or revocation of a POLST; and

(e) Establishing procedures to protect the accuracy and confidentiality of information submitted to the registry.

III. To the extent allowed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the department may permit qualified researchers to obtain registry data for research purposes conditioned upon removal by the department of any data that identifies a health care provider, a facility, or an individual patient, including his or her name, address, telephone number, and social security number. If the department intends to permit qualified researchers to obtain registry data, the department shall first adopt rules, pursuant to RSA 541-A, governing the process which shall include but not be limited to:

(a) The definition of a qualified researcher;

(b) The process for a qualified researcher to request and obtain registry data;

(c) The types of data that a qualified researcher may be provided from the registry; and

(d) The manner by which a qualified researcher shall protect registry data obtained under this provision.

IV. The department may contract with a private or public entity to establish or maintain the registry.

V. [Repealed.]

Nothing in this chapter shall require the department to:

I. Prescribe the form or content of a POLST;

II. Disseminate forms to be used for a POLST;

III. Educate the public about POLSTs; or

IV. Train health care providers about POLSTs.

Nothing in this chapter shall be construed to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time by the patient.

Except as provided in RSA 137-L:3, all information collected or developed by the POLST registry that identifies or could be used to identify a patient, or health care provider or facility shall be confidential and shall not be subject to civil or administrative subpoena or to discovery, in a civil action, including but not limited to a judicial, administrative, arbitration, or mediation proceeding.

Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST registry or acting on information obtained from the POLST registry.