§ 28:229 — Advance directive for behavioral health treatment; part of medical record; physician

§229. Advance directive for behavioral health treatment; part of medical record; physician
or provider compliance; withdrawal of physician or provider
A. Upon being presented with an advance directive for behavioral health treatment,
a physician or other provider shall make the advance directive a part of the principal's
medical record. When acting under authority of an advance directive, a physician or provider
shall comply with it to the fullest extent possible, consistent with the appropriate standard
of care, reasonable medical practice, the availability of treatments requested, and applicable
law. If the physician or other provider is unable or unwilling at any time to carry out
preferences or instructions contained in an advance directive for behavioral health treatment
or the decisions of the representative, the physician or provider may withdraw from
providing treatment to the principal.
B. Such withdrawal shall be consistent with the continuity of the appropriate
standard of care by the withdrawing physician or provider ensuring that another physician
or provider agrees to treat the principal prior to the effectiveness of his withdrawal. Upon
withdrawal, a physician or provider shall promptly notify the principal and the representative
and document the notification in the principal's medical record. A withdrawal of a physician
or provider pursuant to the provisions of this Section shall not be construed to constitute
patient abandonment.
C. For the purposes of this Section, "physician" means the treating physician or any
other physician proposing or administering behavioral health treatment to the principal.

Legislative History

Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.