A Paper About a Piece of Paper: Regulatory Action as the Most Effective Way to Promote Use of Physician Orders for Life-Sustaining Treatment

44 Pages Posted: 6 Jun 2008 Last revised: 20 Sep 2010

See all articles by Kathy L. Cerminara

Kathy L. Cerminara

Nova Southeastern University - Shepard Broad College of Law

Seth M. Bogin

Nova Southeastern University - Shepard Broad College of Law

Date Written: June 3, 2008

Abstract

The document titled "Physician Orders for Life-Sustaining Treatment" (POLST) is a pre-printed physician order form memorializing a patient's wishes with respect to the administration or withholding of life-prolonging treatment near the end of life. Since its inception, POLST has changed practice in medical institutions in many states, but, although experts have recommended nationwide implementation, it has not yet become the standard of care to use POLST in all states. This article proposes that proponents of POLST should work with appropriate administrative agencies in their states to recognize POLST through the regulatory process rather than either encouraging the use of POLST through grass-roots development of a standard of care or attempting to pass statutes explicitly setting forth POLST programs.

Keywords: law, health law, end of life, life-sustaining treatment, patients, administrative law

JEL Classification: I10, I18, K23, K32

Suggested Citation

Cerminara, Kathy L. and Bogin, Seth M., A Paper About a Piece of Paper: Regulatory Action as the Most Effective Way to Promote Use of Physician Orders for Life-Sustaining Treatment (June 3, 2008). Journal of Legal Medicine, Vol. 29, p. 479, 2008, NSU Shepard Broad Law Center Research Paper No. 08-007, Available at SSRN: https://ssrn.com/abstract=1140307

Kathy L. Cerminara (Contact Author)

Nova Southeastern University - Shepard Broad College of Law ( email )

3305 College Avenue
Ft. Lauderdale, FL 33314
United States
954-262-6193 (Phone)
954-262-3835 (Fax)

HOME PAGE: http://www.nsulaw.nova.edu/faculty/profiles/index.cfm?ID=18

Seth M. Bogin

Nova Southeastern University - Shepard Broad College of Law ( email )

3305 College Avenue
Ft. Lauderdale, FL 33314
United States

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