§ 122C-72. Definitions. - North Carolina Statutes

§ 122C‑72.  Definitions.

As used in this Part, unlessthe context clearly requires otherwise, the following terms have the meaningsspecified:

(1)        "Advanceinstruction for mental health treatment" or "advanceinstruction" means a written instrument, signed in the presence of twoqualified witnesses who believe the principal to be of sound mind at the timeof the signing, and acknowledged before a notary public, pursuant to which theprincipal makes a declaration of instructions, information, and preferencesregarding the principal's mental health treatment and states that the principalis aware that the advance instruction authorizes a mental health treatmentprovider to act according to the instruction. It may also state the principal'sinstructions regarding, but not limited to, consent to or refusal of mentalhealth treatment when the principal is incapable.

(2)        "Attendingphysician" means the physician who has primary responsibility for the careand treatment of the principal.

(3)        Repealed by SessionLaws 1998‑198, s. 2.

(4)        "Incapable"means that, in the opinion of a physician or eligible psychologist, the personcurrently lacks sufficient understanding or capacity to make and communicatemental health treatment decisions. As used in this Part, the term "eligiblepsychologist" has the meaning given in G.S. 122C‑3(13d).

(5)        "Mental healthtreatment" means the process of providing for the physical, emotional,psychological, and social needs of the principal for the principal's mentalillness. "Mental health treatment" includes, but is not limited to,electroconvulsive treatment (ECT), commonly referred to as "shocktreatment", treatment of mental illness with psychotropic medication, andadmission to and retention in a facility for care or treatment of mentalillness.

(6)        "Principal"means the person making the advance instruction.

(7)        "Qualifiedwitness" means a witness who affirms that the principal is personallyknown to the witness, that the principal signed or acknowledged the principal'ssignature on the advance instruction in the presence of the witness, that thewitness believes the principal to be of sound mind and not to be under duress,fraud, or undue influence, and that the witness is not:

a.         The attendingphysician or mental health service provider or an employee of the physician ormental health treatment provider;

b.         An owner, operator,or employee of an owner or operator of a health care facility in which theprincipal is a patient or resident; or

c.         Related within thethird degree to the principal or to the principal's spouse. (1997‑442,s. 2; 1998‑198, s. 2.)