§327G-8 - Limitations on applicability of advance mental health care directive.
[§327G-8] Limitations on applicability of
advance mental health care directive. (a) A supervising health care
provider, health care provider, or health care institution may subject the
principal to mental health treatment in a manner contrary to the principal's
preferences and instructions as expressed in an advance mental health care
directive only:
(1) When a court order under part 3 of article V of
chapter 560 contradicts the principal's preferences and instructions as
expressed in the advance mental health care directive; or
(2) In cases of emergency when the principal poses an
imminent threat to the safety of self or others.
(b) Neither an advance mental health care
directive nor this chapter limits any authority either to take an individual
into custody or to admit, retain, or treat an individual in a health care
institution pursuant to part IV of chapter 334. [L 2004, c 224, pt of §2]