[§327G-10]  Obligations of health careproviders; limitations on liability.  (a)  The supervising health careprovider, health care provider, or health care institution shall continue toobtain the principal's informed consent to all mental health treatmentdecisions when the principal has capacity to provide informed consent orrefusal.  Unless the principal is deemed to lack capacity pursuant to thischapter, the instructions or decisions of the principal at the time of mentalhealth treatment shall supersede the preferences or instructions expressed inthe principal's advance mental health care directive.

(b)  Upon being presented with an advancemental health care directive, the supervising health care provider or healthcare institution shall make the advance mental health care directive a part ofthe principal's medical record.  When acting under the authority of an advancemental health care directive, the supervising health care provider, health careprovider, or health care institution shall comply with it to the fullest extentpossible, consistent with reasonable medical practice, the availability oftreatments requested, and applicable law.  In the event that one or more partsof the advance mental health care directive cannot be followed, all other partsof the advance mental health care directive shall nonetheless be followed.

(c)  A supervising health care provider, healthcare provider, or health care institution may consider an advance mental healthcare directive to be valid and rely upon it in the absence of actual knowledgeor notice of its revocation or invalidity.

(d)  If the supervising health care provider orhealth care institution is unwilling at any time to comply with the advancemental health care directive or instructions of an agent, the supervisinghealth care provider or health care institution may withdraw from providingmental health treatment consistent with the exercise of independent medicaljudgment.  Upon withdrawal, the supervising health care provider or health careinstitution shall promptly notify the principal and agent and shall promptlyrecord the notification in the principal's medical record.

(e)  A physician or licensed psychologist, whoin good faith determines that the principal has or lacks capacity in accordancewith this chapter to decide whether to invoke an advance mental health caredirective, is not subject to criminal prosecution, civil liability, orprofessional disciplinary action for making and acting upon that determination.

(f)  In the absence of actual knowledge ornotice of the revocation of an advance mental health care directive, thesupervising health care provider, health care provider, or health careinstitution shall not be subject to criminal prosecution, civil liability, orprofessional disciplinary action as a result of providing or withholding mentalhealth treatment to a principal in accordance with this chapter or the advancemental health care directive, unless the absence of actual knowledge or noticeresulted from the negligence of the supervising health care provider, healthcare provider, or health care institution.

(g)  The supervising health care provider,health care provider, or health care institution who provides or withholdsmental health treatment under this chapter or the advance mental health caredirective shall not incur liability arising out of a claim to the extent thatthe claim is based upon lack of informed consent or authorization for theaction.

(h)  This section shall not be construed asaffecting or limiting liability that arises out of a negligent act or omissionin connection with the medical diagnosis, care, or mental health treatment of aprincipal under an advance mental health care directive or that arises out ofany deviation from reasonable medical standards.

(i)  This chapter does not authorize or requirea supervising health care provider, health care provider, or health careinstitution to provide mental health treatment contrary to generally acceptedhealth care standards applicable to the health care provider or institution. [L2004, c 224, pt of §2]