Utah Code § 26B-5-331 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-331
§ 26B-5-331. Temporary commitment -- Requirements and procedures -- Rights.
Status: in_force

(1) An adult shall be temporarily, involuntarily committed to a local mental health authority upon: (a) a written application that: (i) is completed by a responsible individual who has reason to know, stating a belief that the adult, due to mental illness, is likely to pose substantial danger to self or others if not restrained and stating the personal knowledge of the adult's condition or circumstances that lead to the individual's belief; and (ii) includes a certification by a licensed physician, licensed physician assistant, licensed nurse practitioner, or designated examiner stating that the physician, physician assistant, nurse practitioner, or designated examiner has examined the adult within a three-day period immediately preceding the certification, and that the physician, physician assistant, nurse practitioner, or designated examiner is of the opinion that, due to mental illness, the adult poses a substantial danger to self or others; or (b) a peace officer or a mental health officer: (i) observing an adult's conduct that gives the peace officer or mental health officer probable cause to believe that: (A) the adult has a mental illness; and (B) because of the adult's mental illness and conduct, the adult poses a substantial danger to self or others; and (ii) completing a temporary commitment application that: (A) is on a form prescribed by the division; (B) states the peace officer's or mental health officer's belief that the adult poses a substantial danger to self or others; (C) states the specific nature of the danger; (D) provides a summary of the observations upon which the statement of danger is based; and (E) provides a statement of the facts that called the adult to the peace officer's or mental health officer's attention. (2) If at any time a patient committed under this section no longer meets the commitment criteria described in Subsection (1), the local mental health authority's designee shall: (a) document the change and release the patient; and (b) if the patient was admitted under Subsection (1)(b), notify the local mental health authority of the patient's release if deemed appropriate by a licensed health care provider or if the patient consents to the information being shared. (3) A patient committed under this section may be held for a maximum of 72 hours after commitment, excluding Saturdays, Sundays, and state holidays, unless: (a) as described in Section 26B-5-332, an application for involuntary commitment is commenced, which may be accompanied by an order of detention described in Subsection 26B-5-332(4); or (b) the patient makes a voluntary application for admission. (4) Upon a written application described in Subsection (1)(a) or the observation and belief described in Subsection (1)(b)(i), the adult shall be: (a) taken into a peace officer's protective custody, by reasonable means, if necessary for public safety; and (b) transported for temporary commitment to a facility designated by the local mental health authority, by means of: (i) an ambulance, if the adult meets any of the criteria described in Section 53-2d-405; (ii) an ambulance, if a peace officer is not necessary for public safety, and transportation arrangements are made by a physician, physician assistant, nurse practitioner, designated examiner, or mental health officer; (iii) the city, town, or municipal law enforcement authority with jurisdiction over the location where the adult is present, if the adult is not transported by ambulance; (iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law enforcement authority described in Subsection (4)(b)(iii) and the adult is not transported by ambulance; or (v) nonemergency secured behavioral health transport as that term is defined in Section 53-2d-101. (5) Notwithstanding Subsection (4): (a) an individual shall be transported by ambulance to an appropriate medical facility for treatment if the individual requires physical medical attention; (b) if an officer has probable cause to believe, based on the officer's experience and de-escalation training that taking an individual into protective custody or transporting an individual for temporary commitment would increase the risk of substantial danger to the individual or others, a peace officer may exercise discretion to not take the individual into custody or transport the individual, as permitted by policies and procedures established by the officer's law enforcement agency and any applicable federal or state statute, or case law; and (c) if an officer exercises discretion under Subsection (4)(b) to not take an individual into protective custody or transport an individual, the officer shall document in the officer's report the details and circumstances that led to the officer's decision. (6) (a) The local mental health authority or the local mental health authority's designee shall inform an adult patient committed under this section of the reason for commitment. (b) An adult patient committed under this section has the right to: (i) within three hours after arrival at the local mental health authority, make a telephone call, at the expense of the local mental health authority, to an individual of the patient's choice; and (ii) see and communicate with an attorney. (7) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section. (b) This section does not create a special duty of care. (8) (a) A local mental health authority or the local mental health authority's designee shall provide discharge instructions to each individual committed under this section at or before the time the individual is discharged from the local mental health authority's custody, regardless of whether the individual is discharged by being released, taken into a peace officer's protective custody, transported to a medical facility or other facility, or other circumstances. (b) Discharge instructions provided under Subsection (8)(a) shall include: (i) a safety plan for the individual based on the individual's mental illness or mental or emotional state, if applicable; (ii) notification to the individual's primary care provider, if applicable; (iii) if the individual is discharged without food, housing, or economic security, a referral to appropriate services, if such services exist in the individual's community; (iv) the phone number to call or text for a crisis services hotline, and information about the availability of peer support services; (v) a copy of any psychiatric advance directive, if applicable; (vi) information about how to establish a psychiatric advance directive if one has not been completed; (vii) as applicable, information about medications that were changed or discontinued during the commitment; (viii) information about how to contact the local mental health authority if needed; and (ix) information about how to request a copy of the individual's medical record and how to access the electronic patient portal for the individual's medical record. (c) If an individual's medications were changed, or if an individual was prescribed new medications while committed under this section, discharge instructions provided under Subsection (8)(a) shall include a clinically appropriate supply of medications, as determined by a licensed health care provider, to allow the individual time to access another health care provider or follow-up appointment. (d) Discharge instructions shall be provided in paper or electronic format based on the individual's preference. (e) If an individual refuses to accept discharge instructions, the local mental health authority or the local mental health authority's designee shall document the refusal in the individual's medical record. (f) If an individual's discharge instructions include referrals to services under Subsection (8)(b)(iii), the local mental health authority or the local mental health authority's designee shall document those referrals in the individual's medical record. (g) The local mental health authority shall attempt to follow up with a discharged individual at least 48 hours after discharge, when appropriate, and may use peer support professionals when performing follow-up care or developing a continuing care plan.