New Jersey § 26:2h-131

§ 26:2h-131.

As used in sections 1 through 12 of this act: 1 “ Advance directive ” means an advance directive for health care as defined in section 3 of P.L.1991, c. 201 ( C.26:2H-55 ). “ Advanced practice nurse ” or “ APN ” means a person who is certified as an advanced practice nurse pursuant to P.L.1991, c. 377 ( C.45:11-45 et seq. ). “ Commissioner ” means the Commissioner of Health. “ Decision-making capacity ” means a patient's ability to understand and appreciate the nature and consequences

of a particular health care decision, including the benefits and risks of that decision,

and alternatives to any proposed health care, and to reach an informed decision. “ Department ” means the Department of Health. “ Emergency care ” means the use of resuscitative measures and other immediate treatment provided in

response to a sudden, acute, and unanticipated medical crisis in order to avoid injury,

impairment, or death. “ Emergency care provider ” means an emergency medical technician, paramedic, or member of a first aid, ambulance,

or rescue squad. “ Health care decision ” means a decision to accept, withdraw, or refuse a treatment, service, or procedure

used to diagnose, treat, or care for a person's physical or mental condition, including

life-sustaining treatment. “ Health care institution ” means a health care facility licensed pursuant to P.L.1971, c. 136 ( C.26:2H-1 et seq. ), a psychiatric facility as defined in section 2 of P.L.1987, c. 116 ( C.30:4-27.2 ), or a State developmental center listed in R.S.30:1-7 . “ Health care professional ” means a health care professional who is licensed or otherwise authorized to practice

a health care profession pursuant to Title 45 or 52 of the Revised Statutes and is

currently engaged in that practice. “ Life-sustaining treatment ” means the use of any medical device or procedure, artificially provided fluids and

nutrition, drugs, surgery, or therapy that uses mechanical or other artificial means

to sustain, restore, or supplant a vital bodily function, and thereby increase the

expected life span of a patient. “ Patient ” means a person who is under the care of a physician , physician assistant, or APN. “ Patient's representative ” means an individual who is designated by a patient or otherwise authorized under

law to make health care decisions on the patient's behalf if the patient lacks decision-making

capacity. “ Physician ” means a person who is licensed to practice medicine and surgery pursuant to chapter

9 of Title 45 of the Revised Statutes. “ Physician Assistant ” means a health professional who meets the qualifications under P.L.1991, c. 378 ( C.45:9-27.10 et seq. ) and holds a current, valid license issued pursuant to section 4 of P.L.1991, c. 378 ( C.45:9-27.13 ). “ PhysicianPractitioner Orders for Life-Sustaining Treatment form ” or “ POLST form ” means a standardized printed document that is uniquely identifiable and has a uniform

color, which: a. is recommended for use on a voluntary basis by patients who have advanced chronic

progressive illness or a life expectancy of less than five years, or who otherwise

wish to further define their preferences for health care; b. does not qualify as an advance directive; c. is not valid unless it meets the requirements for a completed POLST form as set

forth in this act; d. provides a means by which to indicate whether the patient has made an anatomical

gift pursuant to P.L.2008, c. 50 ( C.26:6-77 et al.); e. is intended to provide direction to emergency care personnel regarding the use

of emergency care, and to a health care professional regarding the use of life-sustaining

treatment, with respect to the patient, by indicating the patient's preference concerning

the use of specified interventions and the intensity of treatment for each intervention; f. is intended to accompany the patient, and to be honored by all personnel attending

the patient, across the full range of possible health care settings, including the

patient's home, a health care institution, or otherwise at the scene of a medical

emergency; and g. may be modified or revoked at any time by a patient with decision-making capacity

or the patient's representative in accordance with the provisions of section 7 of

this act. “ Resuscitative measures ” means cardiopulmonary resuscitation provided in the event that a patient suffers

a cardiac or respiratory arrest. 1

L.2011, c. 145 (N.J.S.A. §§ 26:2H-129 through 26:2H-140).