36-3284. Operation of mental health care power of
attorney; duties of physician or mental health care provider
A. A mental health care power of attorney is effective when it is executed and
remains in effect until it is revoked by the principal pursuant to section 36-3285 or by
court order.
B. If the mental health care power of attorney specifically authorizes the agent to
admit the principal to a level one behavioral health facility, a principal shall not be
admitted to a level one behavioral health facility licensed by the department of health
services unless a physician who is licensed pursuant to title 32, chapter 13 or 17 and
who is a specialist in psychiatry or a psychologist who is licensed pursuant to title 32,
chapter 19.1 does all of the following:
1. Conducts an investigation that carefully probes the principal's psychiatric and
psychological history, diagnosis and treatment needs.
2. Conducts a thorough interview with the principal and the agent.
3. Obtains the agent's informed consent, as defined in section 36-501.
4. Makes a written determination that the principal needs an inpatient evaluation
or will benefit from care and treatment of a mental disorder or other personality
disorder or emotional condition in the program and that the evaluation or treatment
cannot be accomplished in a less restrictive setting.
5. Documents in the principal's medical chart a summary of the doctor's findings
and recommendations for treatment.
C. The level one behavioral health facility licensed by the department of health
services shall conduct a review of the principal's condition and need for admission into
the facility and assess the appropriateness of the principal's placement at least once
every thirty days. The agent may participate in each review. If possible the agent
shall participate in person.
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