§ 43A-11-109 — Revocation - Actual notice.

A. An advance directive for mental health treatment may be revoked in whole or in part by the declarant at any time while the declarant is capable by any of the following methods: 1. By being destroyed by the declarant or by some person in the declarant's presence and at the declarant's direction; 2. By a written revocation signed and dated by the declarant expressing the declarant's intent to revoke; 3. By a declarant's unambiguous verbal expression, in the presence of two witnesses eighteen (18) years of age or older, of an intent to revoke the declaration; or 4. By a declarant's unambiguous verbal expression to an attending physician or psychologist. B. The revocation shall become effective upon communication to the attending physician or psychologist by the declarant or by both witnesses. The attending physician or psychologist shall record the time, date, and place when the notification of the revocation was received. C. In the absence of actual notice of the revocation of an advance directive for mental health treatment, no attending physician or psychologist, health care facility or other person acting under the direction of an attending physician or psychologist shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the provision of medical treatment to a declarant in accordance with the Advance Directives for Mental Health Treatment Act unless the absence of actual notice resulted from the negligence of the health care provider, physician, or other person.

Legislative History

Added by Laws 1995, c. 251, § 9, eff. Nov. 1, 1995.