§327G-2  Definitions.  Whenever used inthis chapter, unless the context otherwise requires:

"Advance mental health caredirective" means a written document expressing preferences, instructions,or a power of attorney for mental health treatment.

"Agent" means a competent adultdesignated in a power of attorney contained in an advance mental health caredirective to make a mental health care decision for the individual granting thepower and includes all designated alternate agents.

"Best interests" means that thebenefits to the principal resulting from a mental health treatment outweigh theburdens to the principal resulting from that treatment and includes:

(1)  The effect of the mental health treatment on thephysical, mental, emotional, and cognitive functions of the principal;

(2)  The degree of physical and mental pain ordiscomfort caused to the principal by the mental health treatment or thewithholding or withdrawal of that treatment;

(3)  The degree to which the principal's medicalcondition, the mental health treatment, or the withholding or withdrawal ofmental health treatment, results in a severe and continuing impairment;

(4)  The effect of the mental health treatment on thelife expectancy of the principal;

(5)  The prognosis of the principal for recovery orremission, with and without the mental health treatment;

(6)  The risks, side effects, and benefits of themental health treatment or the withholding of mental health treatment; and

(7)  The religious beliefs and basic values of the principalreceiving mental health treatment known to the agent, to the extent that thesemay assist the agent in determining benefits and burdens.

"Capacity" means a principal'sability to understand the significant benefits, risks, and alternatives toproposed mental health care or treatment and to make and communicate a mentalhealth care decision.

"Competent adult" means an individualeighteen years of age or older who has the capacity to understand thesignificant benefits, risks, and alternatives to proposed mental health care ortreatment and to make and communicate mental health care decisions.

"Emancipated minor" means anindividual less than eighteen years of age who is deemed to be emancipatedpursuant to section 577-25.

"Guardian" means a judiciallyappointed guardian or conservator having authority to make a mental health caredecision for a principal, appointed under part 3 of article V of chapter 560.

"Health care institution" means aninstitution, facility, or agency licensed, certified, or otherwise authorizedor permitted by law to provide health care in the ordinary course of business.

"Health care provider" means anindividual licensed, certified, or otherwise authorized or permitted by law toprovide health care in the ordinary course of business or practice of aprofession.

"Mental health care" means any care,treatment, service, or procedure to maintain, diagnose, or otherwise affect aprincipal's mental condition, including:

(1)  Selection and discharge of health care providersand institutions;

(2)  Approval or disapproval of diagnostic tests,surgical procedures, and programs of medication; and

(3)  Approval or disapproval of electroconvulsivetreatment.

"Mental health care decision" means adecision made by a principal or the principal's agent or guardian regarding theprincipal's mental health care or mental health treatment.

"Mental health treatment" means anyform of treatment used for the treatment of mental illness, including but notlimited to electroconvulsive treatment, the use of psychotropic medication, andadmission to and retention in a health care facility for the care or treatmentof mental illness.

"Physician" means an individualauthorized to practice medicine or osteopathy under chapter 453.

"Power of attorney" means thedesignation of an agent to make mental health care decisions for the principalgranting the power.

"Primary physician" means a physiciandesignated by a principal or the principal's agent or guardian to have primaryresponsibility for the principal's health care, including mental health careor, in the absence of a designation or if the designated physician is notreasonably available, a physician who undertakes the responsibility.

"Principal" means a competent adultor emancipated minor who has executed a written advance mental health caredirective or power of attorney for mental health care.

"Psychologist" means an individualauthorized to practice psychology under chapter 465.

"State" means a state of the UnitedStates, the District of Columbia, the Commonwealth of Puerto Rico, or aterritory or insular possession subject to the jurisdiction of the UnitedStates.

"Supervising health care provider"means the primary physician or the physician's designee, or the health careprovider or the provider's designee who has undertaken primary responsibilityfor a principal's health care, that includes mental health care. [L 2004, c224, pt of §2; am L 2009, c 11, §41]

 

Note

 

  Chapter 460 referred to in text is repealed.

  The 2009 amendment is retroactive to April 3, 2008. L 2009, c11, §76(2).