[Previous] [Next]
§43A-11-103.
§43A-11-103.
Whenever used in the Advance Directives for Mental Health Treatment
Act:
1. "Advance directive for mental health treatment" means a written
document voluntarily executed by a declarant in accordance with the
requirements of this act and includes:
a. a declaration, or
b. the appointment of an attorney-in-fact;
2. "Attending physician or psychologist" means the physician or
psychologist who has primary responsibility for the mental health
treatment of the declarant;
3. "Attorney-in-fact" means an individual eighteen (18) years old or
older appointed by a declarant to make mental health treatment
decisions on behalf of the declarant as provided by this act;
4. "Capable" means the person is able to receive and evaluate
information effectively and communicate decisions regarding his or her
mental health treatment;
5. "Declaration" means a written document voluntarily executed by a
declarant stating the mental health treatment wishes of a declarant in
the event the declarant is determined to be incapable and mental
health treatment is necessary;
6. "Declarant" means a capable person eighteen (18) years of age or
older who has executed an advance directive for mental health
treatment in accordance with the provisions of this act;
7. "Health care facility" includes any program, institution, place,
building or agency, or portion thereof, private or public, whether
organized for profit or not, used, operated, or designed to provide
medical diagnosis, treatment, rehabilitative or preventive care to any
person. The term "health care facility" includes, but is not limited
to, health care facilities that are commonly referred to as hospitals,
outpatient clinics, organized ambulatory health care facilities,
emergency care facilities and centers, health maintenance
organizations, and others providing similarly organized services
regardless of nomenclature;
8. "Mental health treatment" means convulsive treatment, treatment
with psychoactive medication, and admission to and retention in a
facility for a period up to twenty-eight (28) days;
9. "Physician" means an individual currently licensed to practice
medicine in this state;
10. "Psychologist" means an individual currently licensed to practice
in this state as a clinical psychologist; and
11. "Incapable" means that, in the opinion of two persons, who shall
be physicians or psychologists, a person's ability to receive and
evaluate information effectively or communicate decisions is impaired
as the result of a mental illness to such an extent that the person
currently lacks the capacity to make mental health treatment
decisions.
[Previous] [Next]