Michigan Laws 333.5679 – POST form; use as communication tool; treatment by emergency medical services personnel; exceptions; noncompliance by health professional or health facility
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 333.5679
- Care: includes treatment, control, transportation, confinement, and isolation in a facility or other location. See Michigan Laws 333.5101
- Conviction: A judgement of guilt against a criminal defendant.
(1) In an acute care setting, a health professional who is treating the patient may use a completed POST form as a communication tool.
(2) Emergency medical services personnel shall provide or withhold treatment to a patient according to the orders on a POST form unless any of the following apply:
(a) The emergency medical services being provided by the emergency medical services personnel are necessitated by an injury or medical condition that is unrelated to the diagnosis or medical condition that is indicated on the patient’s POST form.
(b) The orders on the POST form request medical treatment that is contrary to generally accepted health care standards or emergency medical protocols.
(c) The POST form contains a medical order regarding the initiation of resuscitation if the patient suffers cessation of both spontaneous respiration and circulation, and the emergency medical services personnel has actual notice of a do-not-resuscitate order that was executed under the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1051 to 333.1067, after the POST form was validly executed. As used in this subdivision, “actual notice” means that term as defined in section 2 of the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1052.
(d) The POST form has been revoked in the manner provided in this part and the emergency medical services personnel has actual notice of the revocation.
(3) If a health professional or health facility is unwilling to comply with the medical orders on a validly executed POST form because of a policy, religious belief, or moral conviction, the health professional or health facility shall take all reasonable steps to refer or transfer the patient to another health professional or health facility. If an adult foster care facility is unwilling to comply with the medical orders on a validly executed POST form for the reasons described in this subsection, the adult foster care facility shall take all reasonable steps to refer or transfer the patient to another adult foster care facility as provided in section 26c of the adult foster care facility licensing act, 1979 PA 218, MCL 400.726c.