§43A-13-101. Mental health first aid pilot program.
A. Contingent upon funding, the Department of Mental Health and Substance Abuse Services shall develop and implement a mental health first aid pilot program. The purpose of the mental health first aid pilot program shall be to train non-mental-health professionals in how to support an individual in a mental health crisis situation until professional help […]
§43A-11-104. Execution – Rights not affected – Presumptions.
A. Any capable person eighteen (18) years of age or older may execute an advance directive for mental health treatment stating the mental health treatment wishes of the person in the event the person is determined to be incapable and mental health treatment is determined to be necessary as provided by Section 10 of this […]
§43A-651. Purpose.
The purpose of this act is to provide a comprehensive program of human renewal for drug-dependent persons through the creation of programs of prevention, consultation, outpatient care, inpatient care and rehabilitation. Added by Laws 1971, c. 61, § 1, eff. Oct. 1, 1971.
§43A-11-105. Validity – Witnesses – Eligibility as attorney-in-fact.
A. An advance directive for mental health treatment is valid only if it is signed by the declarant and two capable witnesses eighteen (18) years of age or older. The witnesses shall attest that the declarant: 1. Is known to them; 2. Signed the advance directive for mental health treatment in their presence; 3. Appears […]
§43A-11-106. Form of advance directive – Designation and authority of attorney-in-fact.
A. A declaration stating the mental health treatment wishes of the declarant executed in accordance with the provisions of this act shall be substantially in the form provided by subsection E of this section. B. A declarant may designate a capable person eighteen (18) years of age or older to act as attorney-in-fact to make […]
§43A-11-107. When advance directive becomes operative – Contrary or conflicting instructions given by attorney-in-fact.
A. The wishes of a declarant, at all times while the declarant is capable, shall supersede the effect of an advance directive for mental health treatment. B. An advance directive for mental health treatment shall become operative when: 1. It is delivered to the declarant’s physician or psychologist; and 2. The declarant is certified to […]
§43A-11-108. Delivery of advance directive to attending physician or psychologist – Duty of attending physician or other mental health treatment provider.
A. It shall be the responsibility of the declarant to provide for delivery of the advance directive for mental health treatment to the attending physician or psychologist. 1. In the event the declarant is comatose, incompetent, or otherwise mentally or physically incapable after executing the advance directive for mental health treatment, any other person may […]
§43A-11-109. Revocation – Actual notice.
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 […]
§43A-11-110. Informed consent – Examination and certification of incapacity – Conflicting instructions – Transfer when unable to comply with directive.
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 […]
§43A-11-111. Petition for appointment of guardian.
Any person may petition the district court for appointment of a guardian for a declarant when the person has good reason to believe that the provision of mental health treatment in a particular case: 1. Is contrary to the most recent expressed wishes of a declarant who was capable at the time of expressing the […]