1. (1) If either the attending provider or the consulting provider has doubts as to whether an individual is mentally capable, the provider shall refer the individual to a licensed mental health provider for determination regarding mental capability.
2. (2) The licensed mental health provider to whom the individual is referred pursuant to subsection (1) of this section shall submit to the requesting attending provider or the consulting provider who referred the individual a written determination of whether the individual is mentally capable.
3. (3) If the licensed mental health provider determines that the individual is not mentally capable, the individual is not a qualified individual and the attending provider shall not prescribe medication to the individual under this article 48.

Source: Initiated 2016: Entire article added, Proposition 106, L. 2017, p. 2808, § 1, effective upon proclamation of the Governor, December 16, 2016. L. 2024: Entire section R&RE, (SB 24-068), ch. 406, p. 2794, § 7, effective August 7.