62A-15-1003 - Physician and provider responsibilities -- Provision of services contrary to declaration -- Revocation. - Utah Statutes

62A-15-1003. Physician and provider responsibilities -- Provision of servicescontrary to declaration -- Revocation.
(1) Upon being presented with a declaration, a physician shall make the declaration a partof the declarant's medical record. When acting under authority of a declaration, a physician shallcomply with it to the fullest extent possible, consistent with reasonable medical practice, theavailability of treatments requested, and applicable law. If the physician or other provider isunwilling at any time to comply with the declaration, the physician or provider shall promptlynotify the declarant and the attorney-in-fact, and document the notification in the declarant'smedical record.
(2) A physician or provider may subject a declarant to intrusive treatment in a mannercontrary to the declarant's wishes, as expressed in a declaration for mental health treatment if:
(a) the declarant has been committed to the custody of a local mental health authority inaccordance with Part 6; or
(b) in cases of emergency endangering life or health.
(3) A declaration does not limit any authority provided in Part 6 to take a person intocustody, or admit or retain a person in the custody of a local mental health authority.
(4) A declaration may be revoked in whole or in part by the declarant at any time so longas the declarant is not incapable. That revocation is effective when the declarant communicatesthe revocation to the attending physician or other provider. The attending physician or otherprovider shall note the revocation as part of the declarant's medical record.
(5) A physician who administers or does not administer mental health treatment accordingto and in good faith reliance upon the validity of a declaration is not subject to criminalprosecution, civil liability, or professional disciplinary action resulting from a subsequent findingthat a declaration is invalid.
(6) None of the following persons may serve as an attorney-in-fact or as witnesses to thesigning of a declaration:
(a) the declarant's attending physician or mental health treatment provider, or anemployee of that physician or provider;
(b) an employee of the division; or
(c) an employee of a local mental health authority or any organization that contracts witha local mental health authority.
(7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant isincapable, the attorney-in-fact may withdraw by giving notice to the attending physician orprovider. The attending physician shall note the withdrawal as part of the declarant's medicalrecord.

Renumbered and Amended by Chapter 8, 2002 Special Session 5