New Jersey § 26:2h-137

§ 26:2h-137.

Nothing in this act shall be construed to: a. abridge a patient's right to refuse treatment under either the United States Constitution

or the Constitution of the State of New Jersey; b. impair the obligations of a health care professional to provide for the care and

comfort of the patient and to alleviate pain, in accordance with accepted medical

and nursing standards; c. impair the legal validity of a written order not to attempt cardiopulmonary resuscitation

on a patient in the event that the patient suffers a cardiac or respiratory arrest,

which is not part of a completed POLST form, if the order was signed by a physician

prior to or after the effective date of this act and would be deemed valid under State

law or regulation in effect prior to the date of enactment of this act; 1 d. require a health care professional, health care institution, or emergency care

provider to participate in the beginning, continuing, withholding, or withdrawing

of health care in a manner contrary to law or accepted medical standards; e. require a private, religiously-affiliated health care institution to participate

in the withholding or withdrawing of specified measures utilized to sustain life in

a manner contrary to any of its written institutional policies and practices, except

that the health care institution shall, with respect to a patient with a completed

POLST form: (1) properly communicate its institutional policies and practices to the patient,

or to the patient's representative as applicable, prior to or upon the patient's admission,

or as soon after admission as is practicable; and (2) if its institutional policies and practices appear to conflict with the patient's

legal rights, attempt to resolve the conflict and, if a mutually satisfactory accommodation

cannot be reached, take all reasonable steps to effect the appropriate, timely, and

respectful transfer of the patient to the care of another health care institution

appropriate to the patient's needs, and assure that the patient is not abandoned or

treated disrespectfully; or f. revoke, restrict, or otherwise alter a patient's documented designation as a donor

pursuant to P.L.2008, c. 50 ( C.26:6-77 et al.). 1

L.2011, c. 145, eff. July 1, 2012.