2005 Idaho Code - 66-605 — OPERATION OF DECLARATION

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 6
                   DECLARATIONS FOR MENTAL HEALTH TREATMENT
    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 principal has been found
to be incapable. The physician or provider shall continue to obtain the
principal's informed consent to all mental health treatment decisions if the
principal is capable of providing informed consent or refusal.
    (2)  Upon being presented with a declaration, a physician or other
provider shall make the declaration a part of the principal's medical record
if a physician-patient relationship has previously been established. If no
physician-patient relationship has previously been established, nothing in
this statute, or rules adopted pursuant thereto, may be read to require the
establishment of physician-patient relationship in contradiction to the
existing requirements of reasonable medical practice. When acting under
authority of a declaration, a physician or provider shall comply with it to
the fullest extent possible consistent with reasonable medical practice, the
availability of treatments requested, and applicable law. If the physician or
other provider is unwilling at any time to comply with the declaration, the
physician or provider may withdraw from providing treatment consistent with
the exercise of independent medical judgment by promptly notifying the
principal and the agent and documenting the notification in the principal's
medical record.

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