Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0039 - Mental Health Division › Chapter 1 - PSYCHIATRIC ADVANCE DIRECTIVES & PAD FORM › Section 1-4 - Definitions

Current through July 13, 2024
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.