30-4406. Instructions and preferences; binding; matters addressed; limitation.

269 words·~1 min read·/ne/chapter-30/30-4406

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subsection

(2)of this section, in an advance mental health care directive, a principal may issue instructions, preferences, or both instructions and preferences concerning the principal's mental health treatment. If the principal has designated an attorney in fact under a power of attorney for health care, the advance mental health care directive shall be binding on the principal's attorney in fact. The instructions and preferences may address matters including, but not limited to:

(a)Consent to or refusal of specific types of mental health treatment, such as inpatient mental health treatment, psychotropic medication, or electroconvulsive therapy. Consent to electroconvulsive therapy must be express;

(b)Treatment facilities and care providers;

(c)Alternatives to hospitalization if twenty-four-hour care is deemed necessary;

(d)Physicians who will provide treatment;

(e)Medications for psychiatric treatment;

(f)Emergency interventions, including seclusion, restraint, or medication;

(g)The provision of trauma-informed care and treatment;

(h)In compliance with the federal Health Insurance Portability and Accountability Act of 1996, a release authorization form stating the name of persons to whom information regarding the mental health treatment of the principal may be disclosed during the time the directive is activated, including persons who should be notified immediately of admission to an inpatient facility;

(i)Individuals who should be prohibited from visitation; and

(j)Other instructions or preferences regarding mental health care.

(2)A principal may not consent to or authorize an attorney in fact to consent to psychosurgery in a directive. If such consent or authorization is expressed in the directive, this does not revoke the entire directive, but such a provision is unenforceable.