State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-75

§122C‑75.  Reliance on advance instruction for mental health treatment.

(a)        An attendingphysician or eligible psychologist who in good faith determines that theprincipal is or is not incapable for the purpose of deciding whether to proceedor not to proceed according to an advance instruction, is not subject tocriminal prosecution, civil liability, or professional disciplinary action formaking and acting upon that determination.

(b)        In the absence ofactual knowledge of the revocation of an advance instruction, no attendingphysician or other mental health treatment provider shall be subject tocriminal prosecution or civil liability or be deemed to have engaged inunprofessional conduct as a result of the provision of treatment to a principalin accordance with this Part unless the absence of actual knowledge resultedfrom the negligence of the attending physician or mental health treatmentprovider.

(c)        An attendingphysician or mental health treatment provider who administers or does notadminister mental health treatment according to and in good faith reliance uponthe validity of an advance instruction is not subject to criminal prosecution,civil liability, or professional disciplinary action resulting from asubsequent finding of an advance instruction's invalidity.

(d)        No attendingphysician or mental health treatment provider who administers or does notadminister treatment under authorization obtained pursuant to this Part shallincur liability arising out of a claim to the extent that the claim is based onlack of informed consent or authorization for this action.

(e)        This section shallnot be construed as affecting or limiting any liability that arises out of anegligent act or omission in connection with the medical diagnosis, care, ortreatment of a principal under an advance instruction or that arises out of anydeviation from reasonable medical standards. (1997‑442, s. 2; 1998‑198,s. 2.)