Mississippi Code
Mississippi Physician Order for Sustaining Treatment (POST) Act
§ 41-41-302. Physician order for sustaining treatment

The physician order for sustaining treatment form shall begin with an introductory section containing the name "POST, Physician Orders for Sustaining Treatment," the patient's name, patient's date of birth, the effective date of the form followed by the statement "Form must be reviewed at least annually.", and containing the statements "HIPAA permits disclosure of POST to other health care professionals as necessary" and "This document is based on this person's current medical condition and wishes and is to be reviewed for potential replacement in the case of a substantial change in either.Any section not completed indicates preference for full treatment for that section."
1. Total parenteral nutrition long-term if indicated;
2. Total parenteral nutrition for a defined trial period, which option shall be followed by "Goal:" and a blank line; or
3. No parenteral nutrition;
1. Long-term feeding tube if indicated;
2. Feeding tube for a defined trial period, which option shall be followed by "Goal:" and a blank line; or
3. No feeding tube;
and shall include a space for other instructions; or
1. Long-term intravenous fluids if indicated;
2. Intravenous fluids for a defined trial period, which option shall be followed by "Goal:" and a blank line; or
3. Intravenous fluids only to relieve pain and discomfort.
1. Minor's guardian or custodian;
2. Minor's parent;
3. Adult brother or sister of the minor;
4. Minor's grandparent; or
5. Adult who has exhibited special care and concern for minor; and
1. Patient;
2. Agent authorized by patient's power of attorney for health care;
3. Guardian of the patient;
4. Surrogate designated by patient;
5. Spouse of patient (if not legally separated);
6. Adult child of the patient;
7. Parent of the patient;
8. Adult brother or sister of the patient; or
9. Adult who has exhibited special care and concern for the patient and is familiar with the patient's values.
"The POST form is always voluntary and is usually for persons with advancedillness. POST records your wishes for medical treatment in your current state of health. Once initial medical treatment is begun and the risks and benefits of further therapy are clear, your treatment wishes may change. Your medical care and this form can be changed to reflect your new wishes at any time. However, no form can address all the medical treatment decisions that may need to be made. An advance health-care directive is recommended for all capable adults and emancipated minors, regardless of their health status. An advance directive allows you to document in detail your future health care instructions and/or name a health-care agent to speak for you if you are unable to speak for yourself.
If this formis for a minor for whom you are authorized to make health-care decisions,you may not direct denial of medical treatment in a manner that wouldmake the minor a ‘neglected child' under Section 43-21-105, Mississippi Code of 1972, or otherwise violate the child abuse and neglect lawsof Mississippi.In particular, you may not direct the withholdingof medically indicated treatment from a disabled infant with life-threateningconditions, as those terms are defined in 42 USCS Section 5106g orregulations implementing it and 42 USCS Section 5106a.".
POST must be reviewed and prepared in consultation with the patient or the patient's representative.
POST must be reviewed and signed by a physician to be valid. Be sure to document the basis for concluding the patient had or lacked capacity at the time of execution of the form in the patient's medical record. The signature of the patient or the patient's representative is required; however, if the patient's representative is not reasonably available to sign the original form, a copy of the completed form with the signature of the patient's representative must be placed in the medical record as soon as practicable and "onfile" must be written on the appropriate signature on this form.
Use of original form is required. Be sure to send the original form with the patient.
There is no requirement that a patient have a POST.
If a health care provider or facility is unwilling to comply with the orders due to policy or personal objections, the provider or facility must not impede transfer of the patient to another provider or facility willing to implement the orders and must provide at least requested care in the meantime unless, in reasonable medical judgment, denial of requested care would not result in or hasten the patient's death.
If a minor protests a directive to deny the minor life-preserving medical treatment, the denial of treatment may not be implemented pending issuance of a judicial order resolving the conflict.
This POST must be reviewed at least annually or earlier if;
The patient is admitted or discharged from a health care facility;
There is a substantial change in the patient's health status; or
The patient's treatment preferences change.
If POST is revised or becomes invalid, draw a line through Sections A-E and write "VOID" in large letters.
This POST may be revoked by the patient or the patient's representative.