* § 2899-i. Mental health professional responsibilities. 1. Before a\npatient who is requesting medication may receive a prescription for\nmedication under this article, a mental health professional must\nevaluate the patient and report, in writing, to the attending physician\nand the consulting physician, the mental health professional's\nindependent conclusions about whether the patient has decision-making\ncapacity to make an informed decision, provided that if, at the time of\nthe report, the patient has not yet been referred to a consulting\nphysician, then upon referral the attending physician shall provide the\nconsulting physician with a copy of the mental health professional's\nreport. If the mental health professional determines that the patient\nlacks decision-making capacity to make an informed decision, the patient\nshall not be deemed a qualified individual, and the attending physician\nshall not prescribe medication to the patient.\n 2. A determination made pursuant to this section that an adult patient\nlacks decision-making capacity shall not be construed as a finding that\nthe patient lacks decision-making capacity for any other purpose.\n * NB Effective August 5, 2026\n
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