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Idaho Code Ann. § 66-605, Operation of Declaration

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Makes a person’s declaration of mental health treatment operational upon delivery of the declaration to their mental health provider or physician. Requires providers to still obtain informed consent from a person who has executed a declaration of mental health treatment so long as they are capable of providing such consent. Requires providers to make the declaration part of the patient’s medical record if the provider already has a physician-patient relationship with the patient. Clarifies that this provision does not obligate a provider to establish a physician-patient relationship if one does not exist and the standards of reasonable medical practice do not obligate the provider to establish one. Requires providers acting pursuant to a declaration to adhere to its provisions as close as they can while still acting in accordance with standards of reasonable medical practice. Permits providers that are unwilling or unable to comply with the declaration to cease treatment by notifying the patient and the patient’s agent and documenting such notice in the patient’s medical record.


Current as of March 2020