On July 8, 2008, Governor Paterson signed into law, Public Health Law §2977, providing for the Medical Order for Life Sustaining Treatment or “MOLST”. The MOLST is the newest addition to the end-of-life medical directives now available to individuals.
The MOLST
form is completed by a health care professional based upon a patient’s
wishes for life-sustaining treatment. The patient and a medical doctor
must sign the MOLST form, which is on bright pink paper so that it can be
easily identified in the case of an emergency. The MOLST form is not
intended to replace traditional advance directives including the Health Care
Proxy and Living Will, which do not require physicians to be involved to
complete. These documents are future directives and can be dormant in
existence for many years. However, the MOLST is intended to apply
immediately for treatment of a serious illness of a person who is nearing
the end of life.
The MOLST gives individuals the power to make their wishes known, while providing health care professionals with the authority to carry out those wishes. A MOLST does not require further conversations with the patient or health care agent at the time of a health emergency or need for treatment. The MOLST is not hospital or admission specific, but can be transferred from one health care setting or care level to another (e.g. nursing home, rehab center, etc.). The original MOLST form should be on or near the patient at home and travel with him/her to different care settings.
While attorneys do not have the power to complete the MOLST, they can inform and suggest that clients engage in the process with their physicians. To that end, we encourage you to contact the Legal Plan to schedule an appointment if you have an interest in this new directive.