§ 33-6-1010. Incorporation Into Durable Power of Attorney for Health Care
A declaration for mental health treatment may be expressed in or incorporated into a durable power of attorney for health care that is executed under title 34, chapter 6, part 2, on or after March 1, 2001. The declaration in that case shall be revocable as to mental health service only under the conditions set […]
§ 33-6-1011. Immunity for Actions Taken or Not Taken in Good Faith Reliance on Declaraton
A physician or mental health service provider who administers or does not administer mental health treatment as provided in and in good faith reliance on the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action based on a subsequent finding of the declaration’s invalidity.
§ 33-6-1012. Admission to Treatment Not to Be Conditioned on Execution of Declaration for Mental Health Treatment
No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health facility or providing mental or physical health treatment or insurance on the requirement that a person execute a […]
§ 33-6-1013. Destruction or Alteration of Declaration Prohibited — Penalty
It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient’s desires and interests, with the intent or effect of affecting the service recipient’s mental […]
§ 33-6-1014. Standard Form for Declaration for Mental Health Treatment
The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient. The form shall include at least the following information: The effect of making the declaration; The basic power of […]
§ 33-6-1015. Providers to Have Written Policies and Procedures Relating to Declarations for Mental Health Treatment
A mental health service provider shall maintain written policies and procedures, applicable to all competent adults who receive mental health treatment from the service provider, that provide for: Delivering to service recipients the following information and material, in written form, without recommendation: Information materials provided by the state on the right to make mental health […]
§ 33-6-1007. Declaration Superior to Powers of Conservator
If a conservator is appointed with powers over the person for mental health treatment, the declaration for mental health treatment shall remain in effect and shall be superior to the powers and duties of the conservator with respect to mental health treatment covered under the declaration.
§ 33-6-1008. New Mental Health Care Provider to Receive Copy of Declaration
If a mental health service provider has a person’s declaration for mental health treatment and learns that the person is being provided mental health treatment by another provider, the mental health service provider shall provide the current service provider with a copy of the declaration. If a mental health service provider knows that a person […]
§ 33-6-1009. Effect of Declarations Executed in Another State
A declaration for mental health treatment that is validly executed in another state by a nonresident of this state at the time of execution shall be given effect in this state if the declaration for mental health treatment is in compliance with either this part or the laws of the state of the service recipient’s […]
§ 33-6-804. Examination Prior to Release — Petition for Commitment
Not more than one (1) year nor less than six (6) months prior to the non-parole release of any person convicted of a sex crime, an examination of the person shall be made by a psychiatrist, licensed psychologist, licensed senior psychological examiner, licensed psychological examiner, clinical nurse specialist in psychiatry, licensed professional counselor, or licensed […]