37-11-11. Inclusion in medical record; continuing consent.

Upon being presented with a psychiatric advance directive, a provider or facility shall make the directive a part of a declarant’s medical record.#

In the absence of specific knowledge of the revocation or invalidity of a directive, a provider or facility providing mental health care to a declarant may presume that a person who executed a psychiatric advance directive in accordance with this chapter was of sound mind and acted voluntarily when executing such directive and may rely upon a psychiatric advance directive or a copy of that directive.#

A provider or facility shall be authorized to act in accordance with a directive when a declarant is incapable of making mental health care decisions.#

A provider or facility shall continue to obtain a declarant’s consent to all mental health care decisions if he or she is capable of providing consent or refusal.#