35-20-115. Central registry of adult protection cases;
establishment; operation; amendment, expungement or removal of records; classification and expungement of reports; statement of person accused.
(a) The department shall establish and maintain a record of all adult protection reports and a central registry of under investigation and substantiated adult protection cases under this act.
(b) Through the recording of reports, the department's recordkeeping system shall be operated to assist the department to:
(i) Immediately identify and locate prior reports of cases of abuse, neglect, exploitation, intimidation or abandonment of a vulnerable adult to assist in the diagnosis of suspicious circumstances and the assessment of the needs of the vulnerable adult and his caregiver;
(ii) Continuously monitor the current status of all pending adult protection cases;
(iii) Evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other information; and
(iv) Maintain a central registry of "under investigation" reports and "substantiated" reports of abuse or neglect of vulnerable adults for provision of information to qualifying applicants pursuant to W.S. 35-20-116. Within six (6) months of being placed in the central registry, all reports classified as "under investigation" shall be reclassified as "substantiated" or expunged from the central registry, unless the state agency is notified of an open criminal investigation or criminal prosecution. Unsubstantiated reports shall not be contained within the central registry.
(c) Upon written application of the department or any substantiated person and upon good cause shown and notice to the department, the subject of the report and all interested parties, the department may amend, expunge or remove any record from the central registry.
(d) Any person named as a perpetrator of abuse, neglect, exploitation, intimidation or abandonment of any vulnerable adult in any substantiated report maintained in the central registry shall have the right to have included in the report a statement concerning the incident giving rise to the report. Any person seeking to include a statement pursuant to this subsection shall provide the department with the statement. The department shall provide notice to any person identified as a perpetrator of this right to submit a statement in any substantiated report maintained in the central registry.
(e) Any person convicted of, or having pled guilty or no contest to, a crime which includes the abuse, neglect, exploitation, intimidation or abandonment of any vulnerable adult shall have that conviction reported to the department by the court and the report shall be maintained in the central registry.
35-20-116. Access to central registry records pertaining
to adult protection cases; child and vulnerable adult abuse and registry account.
(a) Upon appropriate application and for employee or volunteer screening purposes, the department shall provide to any employer or entity whose employees or volunteers may have unsupervised access to vulnerable adults in the course of their employment or volunteer service a record summary concerning abuse, neglect, exploitation or abandonment of a vulnerable adult involving a named individual or shall confirm that no record exists. The state agency shall provide the results of the records check to the applicant by certified mail if the records check confirms the existence of a report "under investigation" or a "substantiated" finding of abuse or neglect. Otherwise, the state agency shall provide the results of the records check to the applicant in accordance with agency rules and by United States mail. The written results shall confirm that there is a report "under investigation", a "substantiated" finding of abuse or neglect on the central registry naming the individual or confirm that no record exists. When the individual is identified on the registry as a "substantiated" perpetrator of abuse or neglect, the report to the applicant shall contain information with respect to the date of the finding, specific type of abuse or neglect, a copy of the perpetrator's voluntary statement and whether an appeal is pending. Any applicant receiving a report under this section identifying an individual as "under investigation" shall be notified by the department as to the final disposition of that investigation and whether an appeal is pending. The applicant, or an agent on behalf of the applicant, shall submit a fee in an amount determined by rule of the department and proof satisfactory to the department that the prospective or current employee or volunteer whose records are being checked consents to the release of the information to the applicant. The applicant shall use the information received only for purposes of screening prospective or current employees and volunteers who may, through their employment or volunteer services, have unsupervised access to vulnerable adults. Applicants, their employees or other agents shall not otherwise divulge or make public any information received under this section. The department shall notify any applicant receiving information under this subsection of any subsequent reclassification of the information pursuant to W.S. 35-20-115(c). The department shall screen all prospective employees in conformity with the procedure provided under this subsection.
(b) There is created a program administration account to be known as the child and vulnerable adult abuse registry account. All fees collected under subsection (a) of this section shall be credited to this account.
(c) Any person may request a central registry screen and summary report on themselves as provided by subsection (a) of this section upon payment of the fee required by subsection (a) of this section.
35-20-117. Civil cause of action for exploitation of vulnerable adults.
(a) A vulnerable adult shall have a cause of action against any person who has exploited the vulnerable adult. The vulnerable adult may recover actual damages, punitive damages and reasonable attorney's fees for the exploitation of the vulnerable adult. The action may be brought in any court of competent jurisdiction. The action may be brought by the vulnerable adult or any of the following:
(i) The vulnerable adult's guardian, conservator or other fiduciary acting for the vulnerable adult;
(ii) The personal representative of the estate of a deceased vulnerable adult;
(iii) The vulnerable adult's agent as defined by W.S. 3-9-102(a)(i);
(iv) The vulnerable adult's spouse, parent or descendant;
(v) A person authorized to make health care decisions for the vulnerable adult;
(vi) A person who would qualify as a presumptive heir of the vulnerable adult;
(vii) A person named as a beneficiary to receive any property, benefit or contractual right on the vulnerable adult's death or as a beneficiary of a trust created by or for the vulnerable adult that has a financial interest in the vulnerable adult's estate;
(viii) The vulnerable adult's caregiver or another person that demonstrates sufficient interest in the vulnerable adult's welfare;
(ix) A person asked to accept the vulnerable adult's power of attorney;
(x) The nursing care facility where the vulnerable adult resides.
(a) As used in this act:
(i) "Adult" means a person who is sixteen (16) years of age or older, or legally married;
(ii) "Court" means the circuit court in the county where the alleged victim of domestic abuse resides or is found, where an alleged perpetrator of the domestic abuse resides or is found or where an act of domestic abuse occurred;
(iii) "Domestic abuse" means the occurrence of one (1) or more of the following acts by a household member but does not include acts of self defense:
(A) Physically abusing, threatening to physically abuse, attempting to cause or causing physical harm or acts which unreasonably restrain the personal liberty of any household member;
(B) Placing a household member in reasonable fear of imminent physical harm; or
(C) Causing a household member to engage involuntarily in sexual activity by force, threat of force or duress.
(iv) "Household member" includes:
(A) Persons married to each other;
(B) Persons living with each other as if married;
(C) Persons formerly married to each other;
(D) Persons formerly living with each other as if married;
(E) Parents and their adult children;
(F) Other adults sharing common living quarters;
(G) Persons who are the parents of a child but who are not living with each other; and
(H) Persons who are in, or have been in, a dating relationship.
(v) "Order of protection" means a court order granted for the protection of victims of domestic abuse;
(vi) "Financial responsibility" means an obligation to pay to a provider service fees and other costs and charges associated with the provision of commercial mobile services;
(vii) "Provider" means a person or entity that provides commercial mobile services as defined in 47 U.S.C. § 332(d);
(viii) "This act" means W.S. 35-21-101 through 35-21-112.
35-21-103. Petition for order of protection; contents;
prerequisites; appointment of an attorney; award of costs and fees; remote appearance at hearings.
(a) The following persons may petition the court under this act by filing a petition with the circuit court clerk for an order of protection:
(i) The victim;
(ii) If the victim consents, the district attorney on behalf of the victim; or
(iii) Any person with legal authority to act on behalf of the victim if the victim is:
(A) A minor;
(B) A vulnerable adult as defined in W.S. 35-20-102(a)(xviii);
(C) Any other adult who, because of age, disability, health or inaccessibility, cannot file the petition.
(b) The petition shall be made under oath or be accompanied by a sworn affidavit setting out specific facts showing the alleged domestic abuse.
(c) No petitioner is required to file for annulment, separation or divorce as a prerequisite to obtaining an order of protection nor is a person's right to petition for relief affected by that person's leaving the residence or household to avoid domestic abuse.
(d) No filing fee or other court costs or fees shall be assessed or charged to a petitioner seeking an order of protection under this act.
(e) The clerk of the court shall make available standard petition forms with instructions for completion to be used by a petitioner. Forms are to be prepared by the victim services division within the office of the attorney general. Upon receipt of the initial petition by the clerk of the court, the clerk shall refer the matter to the court. The court may appoint an attorney to represent the victim in the action. Nothing in this subsection shall prevent the victim from hiring an attorney or filing a petition pro se.
(f) The court shall not deny a petitioner relief requested pursuant to this act solely because of a lapse of time between an act of domestic abuse and the filing of the petition for an order of protection.
(g) It shall not be a bar to filing a petition or receiving an order of protection under this act that:
(i) A criminal or civil order is entered in a case pending against the respondent or between the petitioner and respondent;
(ii) The petitioner has petitioned for or received orders of protection in the past or that the petitioner has withdrawn a petition or asked to have orders rescinded; or
(iii) There is evidence of some domestic abuse on the part of the petitioner.
(h) The court may require the respondent to pay costs and fees incurred in bringing an action pursuant to this act including reasonable attorney's fees whether the attorney is court appointed or retained by petitioner.
(j) For any hearing required or authorized for proceedings under this act, the petitioner or other party to the hearing may petition the court to appear at the hearing by remote means. The court may, in its discretion, grant the petition for remote appearance at the hearing, provided that the court is equipped with appropriate audio or video technology to allow the petitioner or other party to fully participate in the hearing.
35-21-104. Temporary order of protection; setting hearing.
(a) Upon the filing of a petition for order of protection, the court shall:
(i) Immediately grant an ex parte temporary order of protection if it appears from the specific facts shown by the affidavit or by the petition that there exists a danger of further domestic abuse;
(ii) Cause the temporary order of protection, together with notice of hearing, to be served on the alleged perpetrator of the domestic abuse immediately, either within or outside of this state;
(iii) Hold a hearing on the petition within seventy-two (72) hours after the granting of the temporary order of protection or as soon thereafter as the petition may be heard by the court on the question of continuing the order; or
(iv) If an ex parte order is not granted, serve notice to appear upon the parties and hold a hearing on the petition for order of protection within seventy-two (72) hours after the filing of the petition or as soon thereafter as the petition may be heard by the court.
(b) An order of protection issued under this section shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6-4-404, can result in immediate arrest and may result in further punishment. Orders shall also contain notice that a violation that constitutes the offense of stalking as defined by W.S. 6-2-506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6-2-506(e).
35-21-105. Order of protection; contents; remedies; order not to affect title to property; conditions.
(a) Upon finding that an act of domestic abuse has occurred, the court shall enter an order of protection ordering the respondent household member to refrain from abusing the petitioner or any other household member. The order shall specifically describe the behavior that the court has ordered the respondent to do or refrain from doing. As a part of any order of protection, the court may:
(i) Grant sole possession of the residence or household to the petitioner during the period the order of protection is effective or order the respondent to provide temporary suitable alternative housing for petitioner and any children to whom the respondent owes a legal obligation of support;
(ii) Repealed by Laws 1987, ch. 196, § 2.
(iii) Order that the respondent shall not initiate contact with the petitioner;
(iv) Prohibit the respondent from abducting, removing or concealing any child in the custody of the petitioner;
(v) Restrain the respondent from transferring, concealing, encumbering or otherwise disposing of petitioner's property or the joint property of the parties;
(vi) Order other injunctive relief as the court deems necessary for the protection of the petitioner;
(vii) If, after a hearing, it finds by a preponderance of evidence that an act of domestic abuse has occurred or that there exists a danger of further domestic abuse, require the respondent to participate in counseling or other appropriate treatment for a specified period of time not to exceed the term of the order of protection and any extension of the order of protection granted under W.S. 35-21-106(b);
(viii) If the petitioner is not the account holder, grant the petitioner and order a provider to transfer to the petitioner the sole right to use and sole financial responsibility for a telephone number used by the petitioner or a minor child in the petitioner's custody and terminate in the provider's system the respondent's ability to use, and to access any data associated with, the telephone number. An order issued under this paragraph shall list the name and billing telephone number of the account holder, the name and contact information of the petitioner and each telephone number to be transferred to the petitioner. In issuing an order under this paragraph, the court shall ensure that the petitioner's contact information is not disclosed to the respondent or any account holder. The order shall be served on the provider pursuant to W.S. 35-21-106(e). A provider may, not later than five (5) business days after being served with an order under this paragraph, notify the petitioner and the court that compliance with the order is not possible or practicable because an account holder named in the order has terminated the account, differences in network technology would prevent the functionality of a device on the network or there are geographic limitations on network or service availability. In complying with an order issued under this paragraph, a provider may apply any customary requirements for establishing an account and transferring a telephone number. A provider is immune from civil liability for complying with an order issued under this paragraph;
(ix) Grant sole possession of any household pet, as defined in W.S. 6-3-1001(a)(iii), owned, possessed or kept by the petitioner, the respondent or a minor child residing in the residence or household of either the petitioner or the respondent to the petitioner during the period the order of protection is effective if the order is for the purpose of protecting the household pet;
(x) Order that the respondent shall not have contact with any household pet, as defined in W.S. 6-3-1001(a)(iii), in the custody of the petitioner and prohibit the respondent from abducting, removing, concealing or disposing of the household pet if the order is for the purpose of protecting the household pet.
(b) As part of any order of protection pursuant to subsection (a) of this section, the court shall:
(i) When the court finds it to be in the best interests of the children, award temporary custody of any children involved to the petitioner. The court shall in this instance provide for visitation with the respondent only if adequate provision can be made for the safety of the children and the petitioner. To provide for the safety of the children and the petitioner, the court may:
(A) Order an exchange of children to occur in a protected setting;
(B) Order that visitation be arranged and supervised by another person or agency, and if the other person is a family or household member, establish conditions to be followed during the visitation;
(C) Order the respondent to attend and complete to the court's satisfaction a program of intervention or other designated counseling as a condition of visitation;
(D) Order the respondent to abstain from the consumption of alcohol or controlled substances for up to twenty-four (24) hours before the visitation and during the visitation;
(E) Order the respondent to pay a fee through the court to defray the costs of supervised visitation;
(F) Prohibit overnight visitation;
(G) Require the respondent to post a bond to secure the return and safety of any children; or
(H) Impose any other condition it deems necessary for the safety of the petitioner, the children, or other family or household member.
(ii) Order the payment of child support and when appropriate, temporary support for the petitioner;
(iii) Order the payment of any medical costs incurred by the petitioner as a result of the abuse inflicted by the respondent.
(c) The order shall contain a notice that willful violation of any provision of the order constitutes a crime as defined by W.S. 6-4-404, can result in immediate arrest and may result in further punishment. Orders shall also contain notice that a violation that constitutes the offense of stalking as defined by W.S. 6-2-506(b) may subject the perpetrator to enhanced penalties for felony stalking under W.S. 6-2-506(e).
(d) No order issued under this act shall affect title to any property nor allow the petitioner to transfer, conceal, encumber or otherwise dispose of respondent's property or the joint property of the parties.
(e) Regardless of whether the court provides visitation under subsection (b) of this section, the court shall, if requested by the petitioner, order the address of the petitioner and any children of the petitioner and respondent be kept confidential.
(f) The court may refer an adult petitioner to attend counseling relating to the petitioner's status or behavior as a victim but shall not order or make as a condition of receiving protection that an adult petitioner attend such counseling.
(g) No act of the petitioner or the respondent may be construed to waive or nullify any provision of an order of protection.
(h) The court shall not make any provisions of a single order of protection mutually effective. The court may issue a separate order of protection to each party, provided:
(i) Each party has filed a separate written petition for an order of protection; and
(ii) The court makes specific findings on the record that both parties have committed acts of domestic abuse and that each party is entitled to a separate order of protection.
(j) The form of the order shall be as provided by rule adopted by the Wyoming supreme court.
35-21-106. Service of order; duration and extension of
order; violation; remedies not exclusive; order effective during appeal or review.
(a) An order of protection granted under W.S. 35-21-105 shall be filed with the clerk of court and a copy shall be sent by the clerk to the county sheriff who shall, after service, notify the local law enforcement agency within the county in which the petitioner resides. The order shall be personally served upon the respondent, unless the respondent or the respondent's attorney was present in person or by remote means at the time the order was granted.
(b) Except as otherwise provided by this subsection, an order of protection granted by the court under W.S. 35-21-105 shall be effective for a fixed period of time not to exceed three (3) years, subject to the following:
(i) Either party may move to modify, terminate or extend the order. The order may be extended repetitively upon a showing of good cause for additional periods of time not to exceed three (3) years each. Any extension of an order of protection under this paragraph shall be served upon the respondent by mailing the order to the last known address of the respondent on file with the clerk of court by certified and first-class mail, and shall constitute valid notice of the extension;
(ii) If a party subject to an order of protection is sentenced and incarcerated or becomes imprisoned the running of the time remaining for the order of protection shall be tolled during the term of incarceration or imprisonment. The conditions and provisions of an order of protection shall remain in effect during any period of tolling under this paragraph. Upon release from incarceration or imprisonment the effective period of the order of protection shall be the amount of time remaining as of the first day of the term of incarceration or imprisonment or one (1) year from the date of release, whichever is greater. The filing of an action for divorce shall not supersede an order of protection granted under this act.
(c) Willful violation of an order of protection is a crime as defined by W.S. 6-4-404. An order of protection granted under this act has statewide applicability and a criminal prosecution under this subsection may be commenced in any county in which the respondent commits an act in violation of the order of protection.
(d) The remedies provided by this act are in addition to any other civil or criminal remedy available to the petitioner.
(e) The clerk of the court shall cause that part of an order of protection directing the transfer of a telephone number to a petitioner as provided in W.S. 35-21-105(a)(viii) to be served on the affected provider pursuant to W.S. 17-28-104.
(f) An order of protection granted under this act shall remain effective during the pendency of any appeal or review of the order of protection or any decision to modify or extend the order of protection, unless a court orders a stay during the pendency of the appeal or review.
35-21-107. Emergency assistance by law enforcement officers; limited liability.
(a) A person who allegedly has been a victim of domestic abuse may request the assistance of a local law enforcement agency.
(b) A local law enforcement officer responding to the request for assistance may take whatever steps are reasonably necessary to protect the victim from further domestic abuse, including:
(i) Advising the victim of the remedies available under this act and the availability of shelter, medical care, counseling and other services;
(ii) Providing or arranging for transportation of the victim to a medical facility or place of shelter;
(iii) Accompanying the victim to the residence to remove the victim's personal clothing and effects required for immediate needs and the clothing and personal effects of any children then in the care of the victim;
(iv) Arresting the abusing household member when appropriate;
(v) Advising the victim, when appropriate, of the procedure for initiating proceedings under this act or criminal proceedings and the importance of preserving evidence.
(c) Any law enforcement officer responding to a request for assistance under this act is immune from civil liability when complying with the request, provided that the officer acts in good faith and in a reasonable manner.
(a) Any order entered in a district court in this state in a proceeding where the petitioner and respondent are parties shall supersede any inconsistent language in any other order entered under this act or in any other court proceeding in this state.
(b) Any order entered under this act shall supersede any inconsistent language in any other order other than one issued by a district court proceeding described in subsection (a) of this section.
(c) Any order allowing the conditional release of a defendant in a criminal proceeding in this state where either the petitioner or the respondent is the named defendant shall include by reference all terms and conditions of an order entered under this act where the petitioner and respondent are parties.
35-21-109. Full faith and credit for valid foreign protection orders; affirmative defense; exclusion.
(a) A valid injunction or order for protection against domestic violence is defined as one:
(i) That was issued by a court of another state, tribe or territory;
(ii) Where the issuing court had jurisdiction over the parties and the matter under the laws of the state, tribe or territory;
(iii) Where the respondent was given reasonable notice and the opportunity to be heard before the order of the foreign state, tribe or territory was issued, provided, in the case of ex parte orders, notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process; and
(iv) Which has not expired.
(b) There shall be a presumption in favor of validity where an order appears valid on its face. The presumption may be rebutted by a showing that the respondent was not given reasonable notice and opportunity to be heard.
(c) A valid protection order shall be accorded full faith and credit by the courts of this state and enforced as if it were issued in this state.
(a) The Wyoming attorney general or another agency designated by the governor shall establish a statewide registry of protection orders related to domestic violence and shall maintain a complete and systematic record and index of all valid temporary and final civil and criminal court orders of protection.
(b) The data fields of the statewide registry shall include, but need not be limited to, the following information if available:
(i) The names of the petitioner and any protected parties;
(ii) The name and address of the respondent;
(iii) The date the order was entered;
(iv) The date the order expires;
(v) The relief granted which shall specifically identify the relief awarded and citations related thereto, and designate which of the violations are offenses subject to arrest;
(vi) The judicial district and contact information for court administration for the court in which the order was entered; and
(vii) The social security number, date of birth and physical description of the respondent.
(c) The clerk of the issuing court or the clerk of the court where a foreign order of protection is registered shall send a copy of the protection order to the local sheriff and chief of police who shall promptly enter the protection order into the statewide protection order registry.
(d) The statewide protection order registry shall be accessible twenty-four (24) hours a day, seven (7) days a week to provide courts, prosecutors, dispatchers, the department of corrections and law enforcement officers with data concerning valid protection orders issued within the state or filed as a foreign order for purposes of enforcement in the state.
35-21-111. Filing and registration of foreign protection orders.
(a) A petitioner who obtains a valid order of protection in another state, tribe or territory may file that order by presenting a certified copy of the foreign order to the clerk of district court in the judicial district where the petitioner believes enforcement may be necessary.
(b) Filing shall be without fee or cost.
(c) The clerk of district court shall forward a copy of the foreign protection order to the local sheriff's office and the chief of police for entry into the statewide protection order registry upon application of a petitioner seeking enforcement.
(d) The clerk of district court shall provide the petitioner with a receipt bearing proof of submission of the foreign protection order for entry into the statewide protection order registry system.
(e) Filing and registration of the foreign order in the statewide protection order registry shall not be prerequisites for enforcement of the foreign protection order in this state.
(a) Notwithstanding any other provisions of law, in any proceedings before a court of the state of Wyoming, the confidentiality of the address, city and state of residence or any other information identifying the residence of a victim of domestic abuse shall remain confidential as provided in this section.
(b) The victim of domestic abuse may at any point during the court proceedings file a motion with the court for entry of an order providing for the confidentiality of the address, city and state of residence or any other information identifying the residence of the victim of domestic abuse and any children residing with the victim of domestic abuse during the court proceedings. The motion may be accompanied with all relevant affidavits or documents to establish that the person requesting confidentiality is a victim of domestic abuse and that the person may be subject to additional acts of domestic abuse if confidentiality is not maintained.
(c) Upon a filing of a motion pursuant to subsection (b) of this section, the court shall issue an order prohibiting the release of the address, city and state of residence and any other information identifying the residence of a person if:
(i) The person filing the motion has been granted an order of protection under this act or similar act in another state or territory of the United States and the order of protection remains in effect; or
(ii) The court finds by a preponderance of the evidence that the person is a victim of domestic abuse and that the person may be subject to additional acts of domestic abuse if confidentiality is not maintained.
(d) An order issued under this section shall only provide confidentiality in the action in which it is granted and for those additional purposes specified by law referencing an order issued pursuant to this section.
(a) As used in this act:
(i) "Adult" means a person eighteen (18) years of age or older;
(ii) "Agent" means any person authorized in the psychiatric advance directive to make decisions on behalf of the person who executed the directive;
(iii) "Psychiatric advance directive" means an advance medical directive pertaining to the administration or refusal of psychiatric restabilization for the care and treatment of mental illness;
(iv) "Psychiatric personnel" means any licensed physician who specializes in psychiatric care;
(v) "Psychiatric restabilization" means measures to restore mental function or to support mental health in the event of destabilization of mental health due to lack of appropriate treatment. Psychiatric restabilization measures include administration of prescribed liquid medication by mouth or injection, administration of prescribed medication orally, physical restraint, seclusion or crisis psychiatric counseling;
(vi) "This act" means W.S. 35-22-301 through 35-22-308.
35-22-302. Psychiatric advance directives; who may execute.
Any adult who has the decisional capacity to provide informed consent to or refusal of psychiatric restabilization measures or any other person who is, pursuant to the laws of this state or any other state, authorized to consent to or refuse psychiatric restabilization measures on behalf of a person who lacks the decisional capacity, may execute a psychiatric advance directive.
35-22-303. Psychiatric advance directive forms; duties of department of health.
(a) On or before January 1, 2000, the state department of health shall promulgate rules, protocols and forms for the implementation of psychiatric advance directives by psychiatric personnel. The protocols adopted shall include uniform methods for rapid identification of persons who have executed a psychiatric advance directive, methods to protect the confidentiality of persons who have executed a psychiatric advance directive and the information described in subsection
(b) of this section. Nothing in this subsection shall be construed to restrict any other manner in which a person may make a psychiatric advance directive. Forms which meet the requirements of law and are consistent with patient rights shall be developed and disseminated throughout the state as recommended forms.
(b) Psychiatric advance directive protocols to be adopted by the state department of health shall, at a minimum, require the following information concerning the person who is the subject of the psychiatric advance directive:
(i) The person's name, date of birth and sex;
(ii) The person's eye and hair color;
(iii) The person's race or ethnic background;
(iv) The person's social security number;
(v) If applicable, the name of a treatment program and the sponsoring facility or institution in which the person is enrolled;
(vi) The name, address and telephone number of the person's attending physician or psychiatric personnel;
(vii) The person's signature or mark or, if applicable, the signature of a person authorized by this article to execute a psychiatric advance directive;
(viii) The date on which the psychiatric advance directive was signed;
(ix) The person's directive concerning the administration or refusal of psychiatric restabilization measures, countersigned by the person's attending physician or psychiatric personnel;
(x) The name, address and telephone number of the person designated as an agent, if applicable, to consent to or refuse psychiatric restabilization measures for the person who has executed a psychiatric advance directive and the signature of that person, indicating acceptance of this appointment.
35-22-304. Duty to comply; immunity; effect on criminal charges against another person.
(a) Emergency medical service personnel in emergency situations if they are aware of the person's psychiatric advance directive, psychiatric personnel, health care providers and health care facilities shall comply with a person's psychiatric advance directive to the extent medically indicated.
(b) Any emergency medical service personnel, psychiatric personnel, health care provider, health care facility or any other person who, reasonably and in good faith, complies with a psychiatric advance directive shall not be subject to civil or criminal liability or regulatory sanction for such compliance.
(c) Compliance by emergency medical service personnel, psychiatric personnel, health care providers or health care facilities with a psychiatric advance directive shall not affect the criminal prosecution of any person otherwise charged with the commission of a criminal act.
(d) In the absence of a psychiatric advance directive, a person's consent to psychiatric restabilization measures shall not be presumed.
35-22-305. Effect of declaration after inpatient admission.
A psychiatric advance directive for any person who is admitted to a health care facility or mental health facility shall be implemented as directed by the psychiatric advance directive, pending further physician's orders. The psychiatric advance directive may be deviated from only with the consent of the admitted person, his agent, the district court or when adherence to the directive threatens permanent physical injury.
35-22-306. Effect of directive on life or health insurance.
Neither a psychiatric advance directive nor the failure of a person to execute one shall affect, impair or modify any contract of life or health insurance or annuity or be the basis for any delay in issuing or refusing to issue an annuity or policy of life or health insurance or any increase of a premium thereof.
35-22-307. Revocation of psychiatric advance directive.
A psychiatric advance directive may be revoked at any time by the person who is the subject of the directive unless he is mentally incompetent or at any time by any other person who is, pursuant to the laws of this state or any other state, authorized to consent to or refuse psychiatric restabilization measures on behalf of the person who is the subject of the directive.
35-22-308. Duration of psychiatric advance directive.
A psychiatric advance directive shall be valid for a period not to exceed two (2) years from the date of execution unless reaffirmed by the person who executed the directive, in which case it shall be valid for two (2) years from the date of reaffirmation.