Title 66 — STATE CHARITABLE INSTITUTIONS

66-601. Definitions. For the purposes of this chapter, the following definitions shall apply: (1) "Agent" means an adult properly appointed to make mental health treatment decisions for a principal under a declaration for mental health treatment and also means an alternative agen…

66-602. Declarations for mental health treatment. (1) A competent adult may make a declaration of preferences or instructions regarding mental health treatment. The preferences or instructions may include consent to or refusal of mental health treatment. The declaration shall nam…

66-603. Designation of agent. (1) A declaration may designate a competent adult to act as agent to make decisions about mental health treatment. An alternative agent may also be designated to act as agent if the original designee is unable or unwilling to act at any time. (2) The…

66-604. Signature — Witnesses. (1) A declaration is effective only if it is signed by the principal and two (2) competent adult witnesses. The witnesses must attest that the principal is personally known to them, signed the declaration in their presence, appears to be of sound mi…

66-605. Operation of declaration. (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 pr…

66-606. Powers of agent. (1) An agent who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the principal only when the principal is incapable. The decisions must be consistent with desires the principal has expressed in the dec…

66-607. Withdrawal. An agent may withdraw by giving notice to the principal. If a principal is incapable, the agent may withdraw by giving notice to the attending physician or provider. The attending physician or provider shall note the withdrawal as part of the principal’s medic…

66-608. Limitations. A person may not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a health care facility.

66-609. Actions contrary to declaration. The physician or provider may subject the principal to mental health treatment in a manner contrary to the principal’s wishes as expressed in a declaration for mental health treatment only: (1) If the principal is committed to a treatment …

66-610. Relation to other statutes. A declaration does not limit any authority provided in this chapter either to take a person into custody or to admit, retain or treat a person in a health care facility.

66-611. Limited immunity. A physician or provider who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability or professional disciplinary action …

66-612. Penalty. It is a misdemeanor for a person to knowingly alter, forge, conceal or destroy a declaration, or the reinstatement or revocation of a declaration. In this section, "knowingly" has the meaning given in section 18-101 5., Idaho Code.

66-613. Form of declaration. A declaration for mental health treatment shall contain the following language, or language that is substantially similar. NOTICE TO PERSON MAKING A DECLARATION FOR MENTAL HEALTH TREATMENT. This is an important legal document. It creates a declaration…