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§43A-11-110.


§43A-11-110.
   
   A. The attending physician or psychologist shall continue to obtain
   the declarant's informed consent to all mental health treatment
   decisions when the declarant is capable of providing informed consent
   or refusal.
   
   B. A declarant appearing to require mental health treatment shall be
   examined by two persons, who shall be physicians or psychologists. If
   after the examination the declarant is determined to be incapable and
   is in need of mental health treatment, a written certification,
   substantially in the form provided by subsection E of this section, of
   the declarant's condition shall be made a part of the declarant's
   medical record.
   
   C. The attending physician or psychologist is authorized to act in
   accordance with an operative advance directive for mental health
   treatment when the declarant has been determined to be incapable and
   mental health treatment is necessary. Except as otherwise provided by
   this act with regard to conflicting instructions in an advance
   directive for mental health treatment:
   
   1. An attending physician or psychologist and any other physician or
   psychologist under the attending physician's or psychologist's
   direction or control, having possession of the patient's declaration
   or having knowledge that the declaration is part of the patient's
   medical record, shall follow as closely as possible the terms of the
   declaration.
   
   2. An attending physician or psychologist and any other physician or
   psychologist under the attending physician's direction or control,
   having possession of the patient's appointment of an attorney-in-fact
   or having knowledge of the appointment of an attorney-in-fact, shall
   follow as closely as possible the instruction of the attorney-in-fact.
   
   D. An attending physician or psychologist who is unable to comply with
   the terms of the patient's declaration shall make the necessary
   arrangements to transfer the patient and the appropriate medical
   records without delay to another physician or psychologist.
   
   1. A physician or psychologist who transfers the patient without
   unreasonable delay, or who makes a good faith attempt to do so, shall
   not be subject to criminal prosecution or civil liability, and shall
   not be found to have committed an act of unprofessional conduct for
   refusal to comply with the terms of the declaration. Transfer under
   these circumstances shall not constitute abandonment.
   
   2. The failure of an attending physician or psychologist to transfer
   in accordance with this subsection shall constitute professional
   misconduct.
   
   E. The following certification of the examination of a declarant
   determining whether the declarant is in need of mental health
   treatment and whether the declarant is or is not incapable may be
   utilized by examiners:
   
                          EXAMINER'S CERTIFICATION
                                      
   We, the undersigned, have made an examination of _______________, and
   do hereby certify that we made a careful personal examination of the
   actual condition of the person and on such examination we find that
   _____________________:
   
   1. (Is) (Is not) in need of mental health treatment; and
   
   2. (Is) (Is not) incapable to participate in decisions about (her)
   (his) mental health treatment.
   
   The facts and circumstances on which we base our opinions are stated
   in the following report of symptoms and history of case, which is
   hereby made a part hereof.
   
   According to the advance directive for mental health treatment, (name
   of patient)_________________________________________, wishes to
   receive mental health treatment in accordance with the preferences and
   instructions stated in the advance directive for mental health
   treatment.
   
   We are duly licensed to practice in the State of Oklahoma, are not
   related to _______________ by blood or marriage, and have no interest
   in her/his estate.
   
   Witness our hands this ____________ day of _____________, 19__
   
   ___________________, M.D., D.O., Ph.D., Other
   
   ___________________, M.D., D.O., Ph.D., Other
   
   Subscribed and sworn to before me this _______________________
   
   day of ________________, 19__
   
   __________________________________________
   
   Notary Public
   
                     REPORT OF SYMPTOMS AND HISTORY OF
                                      
                             CASE BY EXAMINERS
                                      
   1. GENERAL
   
   Complete name ________________________________________________
   
   Place of residence ___________________________________________
   
   Sex _______________ Color ________________
   
   Age _______________
   
   Date of Birth ________________________________________________
   
   2. STATEMENT OF FACTS AND CIRCUMSTANCES
   
   Our determination that the declarant (is) (is not) in need for mental
   health treatment is based on the
   following:________________________________________________________
   
   __________________________________________________________________
   
   Our determination that the declarant (is) (is not) incapable of
   participating in mental health treatment decisions is based on the
   following:________________________________________________________
   
   __________________________________________________________________
   
   3. NAME AND RELATIONSHIPS OF FAMILY MEMBERS/OTHERS TO BE NOTIFIED
   
   Other data ___________________________________________________
   
   Dated at _____________, Oklahoma, this __________ day of
   
   ___________________, 19__
   
   _____________, M.D., D.O., Ph.D., Other
   
   _______________________________________
   
   Address
   
   _____________, M.D., D.O., Ph.D., Other
   
   _______________________________________
   
   Address
   

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