2006 Louisiana Laws - RS 28:229 — Advance directive for mental health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider

§229.  Advance directive for mental health treatment; part of medical record; physician or provider compliance; withdrawal of physician or provider

A.  Upon being presented with an advance directive for mental health treatment, a physician or other provider shall make the advance directive a part of the principal's medical record.  When acting under authority of an advance directive, a physician or provider shall comply with it to the fullest extent possible, consistent with the appropriate standard of care, reasonable medical practice, the availability of treatments requested, and applicable law.  If the physician or other provider is unable or unwilling at any time to carry out preferences or instructions contained in an advance directive for mental health treatment or the decisions of the representative, the physician or provider may withdraw from providing treatment to the principal.

B.  Such withdrawal shall be consistent with the continuity of the appropriate standard of care by the withdrawing physician or provider ensuring that another physician or provider agrees to treat the principal prior to the effectiveness of his withdrawal.  Upon withdrawal, a physician or provider shall promptly notify the principal and the representative and document the notification in the principal's medical record.  A withdrawal of a physician or provider pursuant to the provisions of this Section shall not be construed to constitute patient abandonment.

C.  For the purposes of this Section, "physician" means the treating physician or any other physician proposing or administering mental health treatment to the principal.

Acts 2001, No. 755, §1.

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