37-11-4. Execution of psychiatric advance directive; appointment of mental health care agent.

A competent adult may execute a psychiatric advance directive containing mental health care preferences, information, or instructions regarding his or her mental health care that authorizes and consents to a provider or facility acting in accordance with such directive. A directive may include consent to or refusal of specified mental health care.#

A psychiatric advance directive may include, but shall not be limited to:#

1. (1)

   The names and telephone numbers of individuals to contact in the event a declarant has a mental health crisis;#

2. (2)

   Situations that have been known to cause a declarant to experience a mental health crisis;#

3. (3)

   Responses that have been known to de-escalate a declarant’s mental health crisis;#

4. (4)

   Responses that may assist a declarant to remain in such declarant’s home during a mental health crisis;#

5. (5)

   The types of assistance that may help stabilize a declarant if it becomes necessary to enter a facility; and#

6. (6)

   Medications a declarant is taking or has taken in the past and the effects of such medications.#

A psychiatric advance directive may include a mental health care agent.#

If a declarant chooses not to appoint an agent, the instructions and desires of a declarant as set forth in the directive shall be followed to the fullest extent possible by every provider or facility to whom the directive is communicated, subject to the right of the provider or facility to refuse to comply with the directive as set forth in Code Section 37-11-12.#

A person shall not be required to execute or refrain from executing a directive as a criterion for insurance, as a condition for receiving mental health care or physical health care services, or as a condition of discharge from a facility.#

Unless a declarant indicates otherwise, a psychiatric advance directive shall take precedence over any advance directive for health care executed pursuant to Chapter 32 of Title 31; durable power of attorney for health care creating a health care agency under the former Chapter 36 of Title 31, as such chapter existed on and before June 30, 2007; health care proxy; or living will that a declarant executed prior to executing a psychiatric advance directive to the extent that such other documents relate to mental health care and are inconsistent with the psychiatric advance directive.#

No provision of this chapter shall be construed to bar use by a declarant of an advance directive for health care under Chapter 32 of Title 31.#