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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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