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1997] S.L. 1998-198
(2) An owner, operator, or employee of a health care facility in which
the principal i s a patient or resident, if the owner, operator, or
employee i s unrelated to the principal by blood, marriage, or
adoption,
(g)—The attorney-in- fact shall not have authority to make mental health
treatment decision s unless the principal i s incapable,
(d4
—
The attorney- in - fact i s not, as a res ult of acting in that capacity,
personally liable for the cost of treatment provided to the principal.
<@)
—
Except to the extent the right is limited by the advance instruction or
any federal law, an attorney- in -fact has the same right as the principal to
receive information regarding the proposed mental health treatment and to
receive, review, and consent to di sclosure of medical records relating to that
treatment, This right of acces s does not waive any evidentiary privilege,
(£) ie
—
exercising—authority—under—the
—
advance—instruction,—the
attorney-in-fact shall act cons i stently with the desires of the principal as
expressed in the advance instruction, If the principal's des ires are not
expressed in the advance instruction and are not otherwise known by the
attorney-in- fact, the attorney- in - fact shall act in what the attorney-in-fact in
good faith believes to be the manner in which the principal would act if the
principal was not incapable,
{§)—The appointment of an attorney- in- fact shall not revoke, restrict^ or
otherwise affect any nonmental health treatment powers granted by the
principal to a health care agent pursuant to a health care power of attorney
or attorney-in -fact pursuant to a general power of attorney; provided that the
mental health treatment powers granted to the attorney-in -fact shall be
superior to any similar powers granted by the principal to a health care
agent pursuant to a health care power of attorney or an attorney- in- fact
purs uant to a general power of attorney,
4h} Aa
—
attorney- in - fact is—not subject to criminal prosecution
,
—civii
liability, or professional disciplinary action for any action taken in good faith
pursuant to an advance instruction for mental health treatment,
(i}
An attorney- in - fact may withdraw by giving notice to the principal.—if
a principal is incapable, the attorney- in - fact may withdraw by giving notice
to the attending physician or provider,—The attending physician or provider
shall note the withdrawal as part of the principal's medical record,
Q—A person who has withdrawn under the provision of subsection (i) of
this section may rescind the withdrawal by executing an acceptance after the
date of the withdrawal,—The acceptance shall be in the same or similar form
as provided for in G,S. 122C-77 for accepting an appointment.—A person
who rescinds a withdrawal shall give notice to the principal if the principal
is capable or to the principal's health care provider if the principal is
incapable,
"§ J22C-75. Reliance on advance instruction for menial health treatment.
(a) An attending physician or eligible psychologist who in good faith
determines that the principal is or is not incapable for the purpose of
deciding whether to proceed or not to proceed according to an advance
instruction, is not subject to criminal prosecution, civil liability, or
professional disciplinary action for making and acting upon that
determination.
665
Object Description
Description
| Title | Page 681 |
| Full Text | 1997] S.L. 1998-198 (2) An owner, operator, or employee of a health care facility in which the principal i s a patient or resident, if the owner, operator, or employee i s unrelated to the principal by blood, marriage, or adoption, (g)—The attorney-in- fact shall not have authority to make mental health treatment decision s unless the principal i s incapable, (d4 — The attorney- in - fact i s not, as a res ult of acting in that capacity, personally liable for the cost of treatment provided to the principal. <@) — Except to the extent the right is limited by the advance instruction or any federal law, an attorney- in -fact has the same right as the principal to receive information regarding the proposed mental health treatment and to receive, review, and consent to di sclosure of medical records relating to that treatment, This right of acces s does not waive any evidentiary privilege, (£) ie — exercising—authority—under—the — advance—instruction,—the attorney-in-fact shall act cons i stently with the desires of the principal as expressed in the advance instruction, If the principal's des ires are not expressed in the advance instruction and are not otherwise known by the attorney-in- fact, the attorney- in - fact shall act in what the attorney-in-fact in good faith believes to be the manner in which the principal would act if the principal was not incapable, {§)—The appointment of an attorney- in- fact shall not revoke, restrict^ or otherwise affect any nonmental health treatment powers granted by the principal to a health care agent pursuant to a health care power of attorney or attorney-in -fact pursuant to a general power of attorney; provided that the mental health treatment powers granted to the attorney-in -fact shall be superior to any similar powers granted by the principal to a health care agent pursuant to a health care power of attorney or an attorney- in- fact purs uant to a general power of attorney, 4h} Aa — attorney- in - fact is—not subject to criminal prosecution , —civii liability, or professional disciplinary action for any action taken in good faith pursuant to an advance instruction for mental health treatment, (i} An attorney- in - fact may withdraw by giving notice to the principal.—if a principal is incapable, the attorney- in - fact may withdraw by giving notice to the attending physician or provider,—The attending physician or provider shall note the withdrawal as part of the principal's medical record, Q—A person who has withdrawn under the provision of subsection (i) of this section may rescind the withdrawal by executing an acceptance after the date of the withdrawal,—The acceptance shall be in the same or similar form as provided for in G,S. 122C-77 for accepting an appointment.—A person who rescinds a withdrawal shall give notice to the principal if the principal is capable or to the principal's health care provider if the principal is incapable, "§ J22C-75. Reliance on advance instruction for menial health treatment. (a) An attending physician or eligible psychologist who in good faith determines that the principal is or is not incapable for the purpose of deciding whether to proceed or not to proceed according to an advance instruction, is not subject to criminal prosecution, civil liability, or professional disciplinary action for making and acting upon that determination. 665 |
