2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 58 - Mental Health Care
5805 - Liability.

     § 5805.  Liability.
        (a)  General rule.--A person who is a physician, another
     mental health care provider or another person who acts in good
     faith and consistent with this chapter may not be subject to
     criminal or civil liability, discipline for unprofessional
     conduct or administrative sanctions and may not be found to have
     committed an act of unprofessional conduct by any professional
     board or administrative body with such authority as a result of
     any of the following:
            (1)  Complying with a direction or decision of an
        individual who the person believes in good faith has
        authority to act as a principal's mental health care agent so
        long as the direction or decision is not clearly contrary to
        the terms of the mental health power of attorney.
            (2)  Refusing to comply with a direction or decision of
        an individual based on a good faith belief that the
        individual lacks authority to act as a principal's mental
        health care agent.
            (3)  Complying with a mental health care power of
        attorney or declaration under the assumption that it was
        valid when made and has not been amended or revoked.
            (4)  Disclosing mental health care information to another
        person based upon a good faith belief that the disclosure is
        authorized, permitted or required by this chapter.
            (5)  Refusing to comply with the direction or decision of
        an individual due to conflicts with a provider's contractual,
        network or payment policy restrictions.
            (6)  Refusing to comply with a declaration or mental
        health power of attorney which violates accepted clinical
        standards or medical standards of care.
            (7)  Making a determination that the patient lacks
        capacity to make mental health decisions that causes a
        declaration or a mental health power of attorney to become
        effective.
            (8)  Failing to determine that a patient lacks capacity
        to make mental health decisions for the purposes of this
        chapter.
        (b)  Same effect as if dealing with principal.--Any attending
     physician, mental health care provider and other person who acts
     under subsection (a) shall be protected and released to the same
     extent as if dealing directly with a competent principal.
        (c)  Good faith of mental health care agent.--A mental health
     care agent who acts according to the terms of a mental health
     power of attorney may not be subject to civil or criminal
     liability for acting in good faith for a principal or failing in
     good faith to act for a principal.