14- 191 C.M.R. ch. 3, § II - COMPETENT ADULT PATIENTS

Competent adult patients have the right to make decisions concerning their own medical treatment. If an adult patient expresses a desire to not be resuscitated under specified medical conditions after. discussion with his physician, that physician shall write a DNR order for such patient provided he has determined, to a reasonable degree of medical certainty, that such medical conditions exist and the patient is competent to make an informed-decision with respect to the issue. A second physician or licensed clinical psychologist not involved in the patient's treatment must concur with the attending physician's conclusion with respect to the issue of capacity. The opinions with respect to the capacity of the patient and the patient's consent to a DNR order shall be in writing and shall be filed in the medical record of the patient. The clinical director or equivalent shall be notified of any such DNR order prior to its entry. If a patient determined to have capacity to make a CPR decision with a guardian consents to a DNR order, the guardian's consent must also be obtained prior to the entry of the order. If such a patient expresses a wish to be resuscitated, his wishes are controlling.

Notes

14- 191 C.M.R. ch. 3, § II