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2017 SESSION

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HB 1548 Advance directives; admission of person for mental health treatment, capacity determinations.

Introduced by: Peter F. Farrell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Advance directives; mental health treatment; capacity determinations. Provides that in cases in which a person has executed an advance directive granting an agent the authority to consent to the person's admission to a facility for mental health treatment and the advance directive so authorizes, the person's agent may exercise such authority after a determination that the person is incapable of making an informed decision regarding such admission has been made by (i) the attending physician, (ii) a psychiatrist or licensed clinical psychologist, (iii) a licensed psychiatric nurse practitioner, (iv) a licensed clinical social worker, or (v) a designee of the local community services board as defined in § 37.2-809. The bill also provides that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who is familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. This bill is identical to SB 1511.

SUMMARY AS PASSED HOUSE:

Advance directives; mental health treatment; capacity determinations. Provides that in cases in which a person has executed an advance directive granting an agent the authority to consent to the person's admission to a facility for mental health treatment and the advance directive so authorizes, the person's agent may exercise such authority after a determination that the person is incapable of making an informed decision regarding such admission has been made by (i) the attending physician, (ii) a psychiatrist or licensed clinical psychologist, (iii) a licensed psychiatric nurse practitioner, or (iv) a designee of the local community services board as defined in § 37.2-809. The bill also provides that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who is familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision.

SUMMARY AS INTRODUCED:

Advance directives; mental health treatment; capacity determinations. Amends procedures for advance directives to (i) provide that in cases in which a person has executed an advance directive granting an agent authority to make decisions for the declarant regarding mental health care, including decisions regarding admission to a facility for mental health treatment, the determination that the person is incapable of making an informed decision regarding such care or admission may be made by the attending physician or a psychiatrist, licensed clinical psychologist, licensed psychiatric nurse practitioner, or designee of the local community services board following an in-person examination and (ii) provide that a person's agent may make a health care decision over the protest of the person if, in addition to other factors, at the time the advance directive was made, a licensed physician, licensed clinical psychologist, licensed physician assistant, licensed nurse practitioner, licensed professional counselor, or licensed clinical social worker who was familiar with the person attested in writing that the person was capable of making an informed decision and understood the consequences of the provision. The bill also clarifies that admissions of a person to a facility for mental health treatment by an agent acting pursuant to an advance directive shall be subject to the requirements of § 37.2-805.1.