Idaho § 66-605 OPERATION OF DECLARATION

Idaho Statutes

§ 66-605 — OPERATION OF DECLARATION

Idaho § 66-605

Title 66STATE CHARITABLE INSTITUTIONS

Ch. 6DECLARATIONS FOR MENTAL HEALTH TREATMENT

This text of Idaho § 66-605 (OPERATION OF DECLARATION) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 66-605 (2026).

Text

(1)A declaration becomes operative when it is delivered to the principal’s physician or mental health treatment provider and remains valid until revoked. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principal’s informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal.

(2)Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal’s medical record if a physician-patient relationship has previously been established. If no physician-patient relationship has previously been established, nothing in this statute, or rules ado

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A declaration becomes operative when it is delivered to the principal’s physician or mental health treatment provider and remains valid until revoked. The physician or provider shall act in accordance with an operative declaration when the principal has been found to be incapable. The physician or provider shall continue to obtain the principal’s informed consent to all mental health treatment decisions if the principal is capable of providing informed consent or refusal.
(2) Upon being presented with a declaration, a physician or other provider shall make the declaration a part of the principal’s medical record if a physician-patient relationship has previously been established. If no physician-patient relationship has previously been established, nothing in this statute, or rules adopted pursuant thereto, may be read to require the establishment of physician-patient relationship in contradiction to the existing requirements of reasonable medical practice. When acting under authority of a declaration, a physician or provider 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 may withdraw from providing treatment consistent with the exercise of independent medical judgment by promptly notifying the principal and the agent and documenting the notification in the principal’s medical record.