§ 37-11-11. Inclusion in Medical Record; Continuing Consent

1. Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant’s medical record.
2. In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed a psychiatric advance directive in accordance with this chapter was of sound mind and acted voluntarily when executing such directive and may rely upon a psychiatric advance directive or a copy of that directive.
3. A provider or facility shall be authorized to act in accordance with a directive when a declarant is incapable of making mental health care decisions.
4. A provider or facility shall continue to obtain a declarant’s consent to all mental health care decisions if he or she is capable of providing consent or refusal.

History. Code 1981, § 37-11-11 , enacted by Ga. L. 2022, p. 611, § 1-1/HB 752.