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



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



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



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



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



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



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



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



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



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



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



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



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



"Emancipated minor" means an
individual less than eighteen years of age who is deemed to be emancipated
pursuant to section 577-25.



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



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



"Health care provider" means an
individual licensed, certified, or otherwise authorized or permitted by law to
provide health care in the ordinary course of business or practice of a
profession.



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



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



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



(3)  Approval or disapproval of electroconvulsive
treatment.



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



"Mental health treatment" means any
form of treatment used for the treatment of mental illness, including but not
limited to electroconvulsive treatment, the use of psychotropic medication, and
admission to and retention in a health care facility for the care or treatment
of mental illness.



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



"Power of attorney" means the
designation of an agent to make mental health care decisions for the principal
granting the power.



"Primary physician" means a physician
designated by a principal or the principal's agent or guardian to have primary
responsibility for the principal's health care, including mental health care
or, in the absence of a designation or if the designated physician is not
reasonably available, a physician who undertakes the responsibility.



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



"Psychologist" means an individual
authorized to practice psychology under chapter 465.



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



"Supervising health care provider"
means the primary physician or the physician's designee, or the health care
provider or the provider's designee who has undertaken primary responsibility
for a principal's health care, that includes mental health care. [L 2004, c
224, 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, c
11, §76(2).