048-1 Wyo. Code R. § 1-4

Current through April 27, 2019
Section 1-4 - Definitions

Unless the context otherwise requires, the following definitions shall apply in the interpretation and enforcement of these rules and regulations:

(a) "Act" shall mean W.S. 35-22-301 through W.S. W.S. W.S. 35-22-308 relating to psychiatric advance directives.

(b) "Adult" shall mean a person at or over the age of 18 or an emancipated minor who is competent to execute a directive.

(c) "Agent" means any person authorized in the psychiatric advance directive to make decisions on behalf of the person who executed the directive.

(d) "Attending Physician" shall mean a person licensed by the State of Wyoming to practice medicine and who is the physician that assists the declarant in executing a psychiatric advance directive by explaining the purposes and countersigning the form.

(e) "Decisional capacity" means a persons ability to receive and evaluate information regarding treatment issues, and to communicate, either verbally or nonverbally, a decision. Capacitation is determined by a psychiatrist, unless a person has already been legally adjudicated as incapacitated.

(f) "Declarant" shall mean an adult who has the decisional capacity to provide informed consent to or refusal of psychiatric treatment or any other person who is, pursuant to the laws of this state or any other state, authorized to make psychiatric treatment decisions on behalf of a person, including a minor, who lacks such decisional capacity and who has executed a psychiatric advance directive, and which declaration remains unrevoked.

(g) "Division" shall mean the Mental Health Division Office of the Wyoming Department of Health.

(h) "Health Care Provider" shall mean a person who is licensed, certified or otherwise authorized by the law of this state to administer health care in the ordinary course of business or practice of a profession.

(i) "Mental Health Professional" means a Psychiatrist, Physician, Licensed Psychologist, Licensed Clinical Social Worker, Licensed Addictions Therapist, Licensed Professional Counselor, or Advanced Practice Psychiatric Registered Nurse.

(j) "Person" shall mean an individual and shall include any trustee, receiver, assignee, or other legal representative thereof but shall not include any agency of the United States Government.

(k) "Psychiatric advance directive" or "PAD" means an advance medical directive pertaining to the administration or refusal of psychiatric restabilization for the care and treatment of mental illness.

(l) "Psychiatric advance directive form" means the document provided by the Department that is printed on distinctive security paper and is filled out by the declarant and attending physician to execute a psychiatric advance directive.

(m) "Psychiatric health care facility" shall mean any hospice, hospital, intermediate care facility, psychiatric hospital, mental hospital, and community mental health center or as defined in W.S. W.S. W.S. 35-2-901.

(n) "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 may include administration of prescribed liquid medication orally, physical restraint, seclusion or crisis psychiatric counseling, or other measures as stipulated in the document.

048-1 Wyo. Code R. § 1-4