[§327G-10]  Obligations of health care
providers; limitations on liability.  (a)  The supervising health care
provider, health care provider, or health care institution shall continue to
obtain the principal's informed consent to all mental health treatment
decisions when the principal has capacity to provide informed consent or
refusal.  Unless the principal is deemed to lack capacity pursuant to this
chapter, the instructions or decisions of the principal at the time of mental
health treatment shall supersede the preferences or instructions expressed in
the principal's advance mental health care directive.



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



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



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



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



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



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



(h)  This section shall not be construed as
affecting or limiting liability that arises out of a negligent act or omission
in connection with the medical diagnosis, care, or mental health treatment of a
principal under an advance mental health care directive or that arises out of
any deviation from reasonable medical standards.



(i)  This chapter does not authorize or require
a supervising health care provider, health care provider, or health care
institution to provide mental health treatment contrary to generally accepted
health care standards applicable to the health care provider or institution. [L
2004, c 224, pt of §2]