[§327G-8] Limitations on applicability of advance mental health care directive.
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/hi/327g-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§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]