Legislation

* § 2899-i. Mental health professional responsibilities. 1. Before a
patient who is requesting medication may receive a prescription for
medication under this article, a mental health professional must
evaluate the patient and report, in writing, to the attending physician
and the consulting physician, the mental health professional's
independent conclusions about whether the patient has decision-making
capacity to make an informed decision, provided that if, at the time of
the report, the patient has not yet been referred to a consulting
physician, then upon referral the attending physician shall provide the
consulting physician with a copy of the mental health professional's
report. If the mental health professional determines that the patient
lacks decision-making capacity to make an informed decision, the patient
shall not be deemed a qualified individual, and the attending physician
shall not prescribe medication to the patient.

2. A determination made pursuant to this section that an adult patient
lacks decision-making capacity shall not be construed as a finding that
the patient lacks decision-making capacity for any other purpose.

* NB Effective August 5, 2026