Utah Code 26B-5-314. Physician and provider responsibilities — Provision of services contrary to declaration — Revocation
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(1) Upon being presented with a declaration, a physician shall make the declaration a part of the declarant’s medical record. When acting under authority of a declaration, a physician shall comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unwilling at any time to comply with the declaration, the physician or provider shall promptly notify the declarant and the attorney-in-fact, and document the notification in the declarant’s medical record.
Terms Used In Utah Code 26B-5-314
- Attending physician: means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant. See Utah Code 26B-5-301
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Attorney-in-fact: means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment. See Utah Code 26B-5-301
- Division: means the Division of Integrated Healthcare created in Section
26B-1-1202 . See Utah Code 26B-5-101 - Incapable: means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions. See Utah Code 26B-5-301
- Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- Mental health treatment: means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days. See Utah Code 26B-5-301
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Physician: means an individual who is:
(21)(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or(21)(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-5-301- Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
(2) A physician or provider may subject a declarant to intrusive treatment in a manner contrary to the declarant’s wishes, as expressed in a declaration for mental health treatment if:(2)(a) the declarant has been committed to the custody of a local mental health authority in accordance with this part; or(2)(b) in cases of emergency endangering life or health.(3) A declaration does not limit any authority provided in this part, to take a person into custody, or admit or retain a person in the custody of a local mental health authority.(4) A declaration may be revoked in whole or in part by the declarant at any time so long as the declarant is not incapable. That revocation is effective when the declarant communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the declarant’s medical record.(5) A physician who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability, or professional disciplinary action resulting from a subsequent finding that a declaration is invalid.(6) None of the following persons may serve as an attorney-in-fact or as witnesses to the signing of a declaration:(6)(a) the declarant’s attending physician or mental health treatment provider, or an employee of that physician or provider;(6)(b) an employee of the division; or(6)(c) an employee of a local mental health authority or any organization that contracts with a local mental health authority.(7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or provider. The attending physician shall note the withdrawal as part of the declarant’s medical record. - Physician: means an individual who is: