Advance Directives

Patient Self Determination Act

 

Objective:

Identify the process for informing patients of their right to an Advance Directive.

Marietta Memorial Administrative Policy and Practice Guide

Patient Self Determination Act (Living Will)

5.9 The purpose of this policy is to assure a mechanism is in place to inform all adult patients of their right to actively participate in decisions regarding their own healthcare. This policy will ensure implementation of and compliance to the mandates of the Patient Self Determination Act. It will also support the mission of Marietta Memorial Hospital, which in part, guarantees to honor and respect patient rights, preserve their dignity and consider their total needs when rendering services. 

Federal and State regulations require all hospitals offer the opportunity for all admitted adults, 18 years or older, to be informed of their right to accept or refuse medical or surgical treatment and to formulate Advance Directives.  

All admitted adult patients will be given the following:

·        Written summaries of the state law concerning healthcare choices

·        Marietta Memorial Hospital policies regarding Advance Directives

·        Do Not Resuscitate, Withholding/Withdrawing of Life-Sustaining Treatments (when appropriate)

·        Any special policies regarding artificially administered

nutrition/hydration.  

If desired, the patient will also be given an opportunity for individualized discussion on Advance Directives (Living Will and Durable Power of Attorney for Health Care).  

 Incorporated within this policy shall be the philosophy of Marietta Memorial Hospital and commitment to: 

A. Recognize and honor a patient's right, ethically and under State Law, to make decisions regarding their healthcare. 

B. Participate in providing information and education regarding Advance Directives 

C. Ensure that no discrimination regarding treatment of patients without an Advance Directive takes place. 

D. Ensure full compliance with State Law respecting Advance Directives. 

E. Procedure: 

Patient Registration Clerk

Asks all adults at the time of admission to Marietta Memorial Hospital if they have an Advance Directive either in the form of a Living Will or Durable Power of Attorney for Healthcare. If the patient responds "YES", requests copy for patient's record. 

Provides written summary of Ohio Law to all patients, along with a brochure on Patient Rights & Advance Directives.  

Documents the patient's record if he/she has an Advance Directive. If patient has a copy present, places copy with admission data for transport with patient to nursing unit. If the patient has no copy present, requests copy be brought to Marietta Memorial Hospital within 24 hours of admission.

Admitting RN

Provides opportunity for individual discussion with designated hospital representative via appropriate referral.  

Conducts admission interview regarding Advance Directives with a patient's authorized representative (surrogate) if patient lacks decision making capacity 

Surrogates may include:  

1. Agent (Attorney-in-fact) appointed in Durable Power of Attorney for Healthcare 

2. Guardian 

3. Family member according to designations in Ohio law. Verifies with patient the preliminary information regarding Advance Directives documented by Patient Registration Clerk. 

Documents patients response to possessing an Advance Directive on the Nursing Assessment form. If the patient response is "YES", rechecks for copy's placement on chart behind tab "Legal Documents" or reiterates request that copy be brought to Marietta Memorial Hospital within 24 hours of admission.  

At no time will the original Advance Directive be retained on the chart. A copy will be made and the original returned to the patient or family. Notifies physician of existence and makes notation on the patient care Kardex.  

If patient response is "NO" and patient wishes more information, referral made to Social Services via computer. If patient response is "NO" and patient wishes no more information, no referral is made.  

Explicitly reassures patient that the lack of an Advance Directive will not compromise the care he/she will receive.  Informs the patient of his/her right to refuse treatment. Assures, if the patient is temporarily impaired in decision making capacity, that all information (written or verbal) regarding Advance Directives is presented to patient upon return of his/her cognitive functioning. Referral made to Social Services for this follow-up. Verifies if patient would like to discuss right to accept or refuse medical/surgical treatment or drafting of Advance Directives further.

Assures that referrals are appropriate and timely.  

1. Social Services

2. Attending physician 

If Advance Directive is completed during hospitalization, Social Services will give copy for chart to Charge Nurse. 

1. Place in medical record behind tab "LEGAL DOCUMENTS" 

2. Notify physician 

3. Makes notation in patient's Kardex 

Social Services

Interviews patient, when requested to do so by Nursing Staff. Responds in general to questions and concerns regarding Advance Directives. 

Reviews the intent/purpose of Advance Directives, emphasizing the patient's right to make his/her healthcare choices. 

Encourage patients to discuss Advance Directives with their physician, family and/or significant others, Power of Attorney, clergy, personal attorney. 

(1) Clarify that Attorney at Law is not required to execute a Living Will or Durable Power of Attorney for Health Care, but legal counsel may be helpful.

(2)  Reviews with patient forms included in the packet for executing Advance Directives. 

(1) If patient wishes to execute Advance Directives during hospitalization, will assist by clarification of who may serve as witnesses and enlisting the aid of hospital and employed notary, if needed.

Reviews with patient that although there is no expiration period to Advance Directives, they should be reviewed in accordance to: 

(1) Changes in the law

(2) Changes in medical terminology

(3) Changes in personal preference. 

Reviews with patient any previous existing documents and encourages executing current Advance Directives

Reviews with patient how to revoke an Advance Directive

Documents the existence of the patient's new Advance Directive, removes the old copy from the patient's record and destroys it. Explain to the patient that a copy needs to be provided on each admission so that the hospital always has the up-to-date document. 

If a patient with an Advance Directive expires, a copy of the Advance Directive will be retained and become a permanent part of the patient's medical record.

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