Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 58 - Mental Health Care
Section 5805 - Liability

(a) General rule.--A person who is a physician, another mental health care provider or another person who acts in good faith and consistent with this chapter may not be subject to criminal or civil liability, discipline for unprofessional conduct or administrative sanctions and may not be found to have committed an act of unprofessional conduct by any professional board or administrative body with such authority as a result of any of the following:
(1) Complying with a direction or decision of an individual who the person believes in good faith has authority to act as a principal's mental health care agent so long as the direction or decision is not clearly contrary to the terms of the mental health power of attorney.
(2) Refusing to comply with a direction or decision of an individual based on a good faith belief that the individual lacks authority to act as a principal's mental health care agent.
(3) Complying with a mental health care power of attorney or declaration under the assumption that it was valid when made and has not been amended or revoked.
(4) Disclosing mental health care information to another person based upon a good faith belief that the disclosure is authorized, permitted or required by this chapter.
(5) Refusing to comply with the direction or decision of an individual due to conflicts with a provider's contractual, network or payment policy restrictions.
(6) Refusing to comply with a declaration or mental health power of attorney which violates accepted clinical standards or medical standards of care.
(7) Making a determination that the patient lacks capacity to make mental health decisions that causes a declaration or a mental health power of attorney to become effective.
(8) Failing to determine that a patient lacks capacity to make mental health decisions for the purposes of this chapter.
(b) Same effect as if dealing with principal.--Any attending physician, mental health care provider and other person who acts under subsection (a) shall be protected and released to the same extent as if dealing directly with a competent principal.
(c) Good faith of mental health care agent.--A mental health care agent who acts according to the terms of a mental health power of attorney may not be subject to civil or criminal liability for acting in good faith for a principal or failing in good faith to act for a principal.

Structure Pennsylvania Consolidated & Unconsolidated Statutes