37-11-3. Definitions.

As used in this chapter, the term:

“Capable” means not incapable of making mental health care decisions.#

“Competent adult” means a person of sound mind who is 18 years of age or older or is an emancipated minor.#

“Declarant” means a person who has executed a psychiatric advance directive authorized by this chapter.#

“Facility” means a hospital, skilled nursing facility, hospice, institution, home, residential or nursing facility, treatment facility, and any other facility or service which has a valid permit or provisional permit issued under Chapter 7 of Title 31 or which is licensed, accredited, or approved under the laws of any state, and includes hospitals operated by the United States government or by any state or subdivision thereof and community service boards.#

“Incapable of making mental health care decisions” means that, in the opinion of a physician or licensed psychologist who has personally examined a declarant, or in the opinion of a court, a declarant lacks the capacity to understand the risks and benefits of, and the alternatives to, a mental health care decision under consideration and is unable to give or communicate rational reasons for mental health care decisions because of impaired thinking, impaired ability to receive and evaluate information, or other cognitive disability.#

“Mental health care” means any care, treatment, service, or procedure to maintain, diagnose, treat, or provide for a declarant’s mental or emotional illness, developmental disability, or addictive disease.#

“Mental health care agent” or “agent” means a person appointed by a declarant to act for and on behalf of such declarant to make decisions related to consent, refusal, or withdrawal of any type of mental health care when such declarant is incapable of making mental health care decisions for himself or herself. Such term shall include any back-up mental health care agent appointed by a declarant.#

“Physician” means a person lawfully licensed in this state to practice medicine pursuant to Article 2 of Chapter 34 of Title 43 and, if the declarant is receiving mental health care in another state, a person lawfully licensed in such state.#

“Provider” means any person administering mental health care who is licensed, certified, or otherwise authorized or permitted by law to administer mental health care in the ordinary course of business or the practice of a profession, including, but not limited to, professional counselors, psychologists, clinical social workers, marriage and family therapists, and clinical nurse specialists in psychiatric and mental health; a physician; or any person acting for any such authorized person.#

“Psychiatric advance directive” or “directive” means a written document voluntarily executed by a person in accordance with the requirements of Code Section 37-11-9.#