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§43A-11-109.
§43A-11-109.
A. An advance directive for mental health treatment may be revoked in
whole or in part by the declarant at any time while the declarant is
capable by any of the following methods:
1. By being destroyed by the declarant or by some person in the
declarant's presence and at the declarant's direction;
2. By a written revocation signed and dated by the declarant
expressing the declarant's intent to revoke;
3. By a declarant's unambiguous verbal expression, in the presence of
two witnesses eighteen (18) years of age or older, of an intent to
revoke the declaration; or
4. By a declarant's unambiguous verbal expression to an attending
physician or psychologist.
B. The revocation shall become effective upon communication to the
attending physician or psychologist by the declarant or by both
witnesses. The attending physician or psychologist shall record the
time, date, and place when the notification of the revocation was
received.
C. In the absence of actual notice of the revocation of an advance
directive for mental health treatment, no attending physician or
psychologist, health care facility or other person acting under the
direction of an attending physician or psychologist shall be subject
to criminal prosecution or civil liability or be deemed to have
engaged in unprofessional conduct as a result of the provision of
medical treatment to a declarant in accordance with the Advance
Directives for Mental Health Treatment Act unless the absence of
actual notice resulted from the negligence of the health care
provider, physician, or other person.
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