§327G-2 - Definitions.
§327G-2 Definitions. Whenever used in this chapter, unless the context otherwise requires:
"Advance mental health care directive" means a written document expressing preferences, instructions, or a power of attorney for mental health treatment.
"Agent" means a competent adult designated in a power of attorney contained in an advance mental health care directive to make a mental health care decision for the individual granting the power and includes all designated alternate agents.
"Best interests" means that the benefits to the principal resulting from a mental health treatment outweigh the burdens to the principal resulting from that treatment and includes:
(1) The effect of the mental health treatment on the physical, mental, emotional, and cognitive functions of the principal;
(2) The degree of physical and mental pain or discomfort caused to the principal by the mental health treatment or the withholding or withdrawal of that treatment;
(3) The degree to which the principal's medical condition, the mental health treatment, or the withholding or withdrawal of mental health treatment, results in a severe and continuing impairment;
(4) The effect of the mental health treatment on the life expectancy of the principal;
(5) The prognosis of the principal for recovery or remission, with and without the mental health treatment;
(6) The risks, side effects, and benefits of the mental health treatment or the withholding of mental health treatment; and
(7) The religious beliefs and basic values of the principal receiving mental health treatment known to the agent, to the extent that these may assist the agent in determining benefits and burdens.
"Capacity" means a principal's ability to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate a mental health care decision.
"Competent adult" means an individual eighteen years of age or older who has the capacity to understand the significant benefits, risks, and alternatives to proposed mental health care or treatment and to make and communicate mental health care decisions.
"Emancipated minor" means an individual less than eighteen years of age who is deemed to be emancipated pursuant to section 577-25.
"Guardian" means a judicially appointed guardian or conservator having authority to make a mental health care decision for a principal, appointed under part 3 of article V of chapter 560.
"Health care institution" means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.
"Health care provider" means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.
"Mental health care" means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a principal's mental condition, including:
(1) Selection and discharge of health care providers and institutions;
(2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication; and
(3) Approval or disapproval of electroconvulsive treatment.
"Mental health care decision" means a decision made by a principal or the principal's agent or guardian regarding the principal's mental health care or mental health treatment.
"Mental health treatment" means any form of treatment used for the treatment of mental illness, including but not limited to electroconvulsive treatment, the use of psychotropic medication, and admission to and retention in a health care facility for the care or treatment of mental illness.
"Physician" means an individual authorized to practice medicine or osteopathy under chapter 453.
"Power of attorney" means the designation of an agent to make mental health care decisions for the principal granting the power.
"Primary physician" means a physician designated by a principal or the principal's agent or guardian to have primary responsibility for the principal's health care, including mental health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility.
"Principal" means a competent adult or emancipated minor who has executed a written advance mental health care directive or power of attorney for mental health care.
"Psychologist" means an individual authorized to practice psychology under chapter 465.
"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
"Supervising health care provider" means the primary physician or the physician's designee, or the health care provider or the provider's designee who has undertaken primary responsibility for a principal's health care, that includes mental health care. [L 2004, c 224, pt of §2; am L 2009, c 11, §41]
Note
Chapter 460 referred to in text is repealed.
The 2009 amendment is retroactive to April 3, 2008. L 2009, c 11, §76(2).