Review of State Legal Barriers to Using POLST orders

Researchers examined legal barriers to implementing POLST (Physician Orders for Life-Sustaining Treatment) forms in states other than Oregon, West Virgina, and Washington. The POLST form helps translate a patient’s wishes for life-sustaining treatment into clear medical directions for health care workers. While it is generally recommended that everyone have some form of advance directive, such as a living will or health care proxy, the POLST form was developed specifically for patients who already have a serious illness.

This legal review appeared in the March 2008 Journal of Law, Medicine & Ethics and is available from the Oregon Health & Science University (OHSU) website. The research was conducted between October 2005 and May 2006. At that time parts of Wisconsin, Pennsylvania, and New York were also using a type of POLST form. Additionally, Hawaii, Idaho, North Carolina, and Tennessee began using POLST-type orders after research concluded in December 2006.

See the OHSU website for more information about individual state coverage.

Last week the California Senate Health Committee voted to approve a bill which will allow patients whose life expectancy is less than one year to utilize a POLST form.