TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 6

DECLARATIONS FOR MENTAL HEALTH TREATMENT

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 agent.

(2)  "Attending physician" means the licensed physician who has primary responsibility for the care and treatment of the declarant.

(3)  "Facility" means:

(a)  A designated treatment facility, as defined in section 66-317, Idaho Code;

(b)  A nursing home; or

(c)  An assisted living home.

(4)  "Incapable" means that, by order of a court in a guardianship proceeding under section 66-322, Idaho Code, or in the opinion of two (2) physicians that include a psychiatrist, or in the opinion of a physician and a professional mental health clinician, a person’s ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.

(5)  "Mental health treatment" means electroconvulsive treatment, treatment with psychotropic medication or short-term admission to a treatment facility for a period not to exceed seventeen (17) days.

(6)  "Mental illness" means a substantial disorder of thought, mood, perception, orientation or memory, which grossly impairs judgment, behavior, or capacity to recognize and adapt to reality.

(7)  "Professional mental health clinician" means an individual who holds an earned master’s level or higher degree in social work from an accredited program; a registered nurse with an earned master’s degree or higher degree in nursing with a specialization in psychiatric or mental health nursing from an accredited program; an individual who holds an earned master’s level or higher degree in psychology from an accredited program; or an individual who holds an earned master’s level or higher degree in counseling, marriage and family therapy or other closely related degree. Additionally, professionals in each category must have at least two (2) years experience in a clinical mental health setting.

History:

[66-601, added 1998, ch. 81, sec. 1, p. 287; am. 2006, ch. 214, sec. 7, p. 649.]