Liability: Compliance with Mental Health Directive
A mental health professional who complies with a psychiatric advance directive will not be held legally responsible or professionally professionally disciplined for good faith compliance.
(a) Persons admitted to psychiatric health care facilities such as hospitals, group homes, or long-term care facilities must be offered information about psychiatric advance directives and how to complete such directives. (b) A mental health professional will review this material with the individual and his/her desires regarding execution of a psychiatric advance directive. (c) If the person desires to create a psychiatric advance directive, assistance will be offered by a mental health professional in completing the directive. (d) The Division shall prepare a standard form for use by those wishing to prepare and execute a psychiatric advance directive. The Division shall provide the form to anyone requesting a copy. Such forms shall be kept at the Mental Health Division, the Wyoming State Hospital, and the Division shall make copies available to community mental health centers and other health care facilities, at their request. i. Any form for a psychiatric advance directive must include the following data: A. The person's name, date of birth, and sex. B The person's eye and hair color. C. The person's race or ethnic background. D. The person's social security number. E. The name of the current and last treating facility. F. The name, address and telephone number of the person's attending physician and/or primary mental health professional(s). G. The person's signature or mark, or, if applicable, the signature of a person authorized by law to execute a psychiatric advance directive. H. The date on which the psychiatric advance directive was signed. I. The person's directive concerning the administration or refusal of psychiatric restabilization measures, countersigned by the person's attending physician or mental health professional. J. The name, address and telephone number of the person designated as an agent, if applicable, to consent to or refuse psychiatric restabilization measures for the person who has executed a psychiatric advance directive and the signature of that person indicating acceptance of this appointment. K. Information that a psychiatric advance directive may be revoked at any time by the person who is the subject of the directive unless he/she is mentally incapacitated, as attested to by two mental health professionals, one of whom is the person's attending physician; or at any time by any other person who is, pursuant to state law, authorized to consent to or refuse psychiatric restabilization measures on behalf of the person who is the subject of the directive. L. Completed advance directives will be witnessed by two persons who are not family members or employees of the psychiatric facility where the person is being treated. (e) The "agent" identified in the psychiatric advance directive may not make mental illness treatment decisions unless the subject of the directive lacks capacity as attested to be two mental health professionals (one of whom is the attending physician) or by a court of law. (f) Except to the extent that the right is limited by the declaration of any federal law, an agent has the same right as the declarant to receive information regarding the proposed mental illness treatment, and to receive, review, and consent to disclosure of medical records relating to that treatment. (g) An agent may withdraw by giving notice to the declarant. If the declarant is incompetent at the time of the withdrawal, the agent may withdraw by giving notice to the attending physician or mental health professional. That person shall note the withdrawal in the medical record and on the psychiatric advance directive form. This person may rescind their withdrawal by executing an acceptance after the date of withdrawal reaffirming their acceptance of this responsibility. The agent will again give notice to the patient and attending physician or mental health professional. (h) Mental health professionals shall comply with the psychiatric advance directive to the extent medically indicated under the direction of the attending physician or psychiatrist. (i) Mental health professionals who in good faith comply with a psychiatrist advance directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance. (j) Compliance with a psychiatric advance directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act. (k) In the absence of a psychiatric advance directive, a person's consent to psychiatric restabilization measures shall not be presumed. (l) A psychiatric advance directive for any person admitted to a psychiatric health care facility shall be implemented as directed by the psychiatric advance directive, pending further physician's orders. The psychiatric advance directive shall be deviated from only with the consent of the admitted person, his/her agent, the district court or when adherence to the directive threatens permanent physical injury. (m) Neither a psychiatric advance directive nor the failure of a person to execute one shall affect, impair or modify any contract of life or health insurance or any annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of health insurance or any increase or premium thereof. (n) A psychiatric advance directive may be revoked at any time by the person who is the subject of the directive unless he is mentally incapacitated or at any time by any other person who is, pursuant to the laws of this state or any other state, authorized to consent to or refuse psychiatric restabilization measures on behalf of the person who is the subject of the directive. (o) A psychiatric advance directive shall be valid for a period not to exceed two (2) years from the date of execution unless reaffirmed by the person who executed the directive, in which case it shall be valid for two (2) more years from the date of reaffirmation. (p) When a mental health professional is not willing to follow a person's advance directive, he/she is obligated to transfer patient care to a mental health professional who can and will follow the advance directive. (q) Psychiatric health care facilities shall provide education for their staff and volunteers on issues regarding psychiatric advance directives. (r) Revocation may be accomplished by: i. written revocation signed by the person or legal designate; ii. by verbal expression in the presence of an adult witness who signs and dates a written confirmation of the person's or legal designate's verbal expression to revoke the advance directive; iii. by verbal expression over the telephone with a witness who signs and dates a written confirmation of the verbal expression to revoke the psychiatric advance directive.