(a) A health-care institution providing mental health care to an individual shall do all of the following: (1) Determine whether the individual has an advance mental health-care directive. (2) Make informational materials about advance mental health-care directives available to the individual. (3) Prompt the individual to review any existing advance mental health-care directive or to consider creating an advance mental health-care directive. (4) Assist individuals who express an interest in discussing or creating an advance mental health-care directive by helping them create the directive or by offering resources about how a directive may be created. (b) Contingent on the provision of funds from the Behavioral Health Consortium, the protection and advocacy agency shall offer training to health-care institutions, health-care professionals, and certified peer recovery specialists about advance mental health-care directives. (c) As provided in subsection (d) of this section, a health-care institution, health-care professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care directive. (d) A health-care institution, health-care professional, or certified peer recovery specialist must attend the training under subsection (b) of this section before assisting an individual with creating an advance mental health-care directive. (e) If provided in compliance with this section, any assistance that a health-care institution, health-care professional, or certified peer recovery specialist provide an individual with creating an advance mental health-care directive may not be deemed the practice of law. Part II Regulatory Provisions Concerning Public Health Chapter 25C End of Life Options [For application of this chapter, see 85 Del. Laws, c. 19, § 3]
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