Utah Code § 26B-4-1008 — Utah Code / Title 26B / Chapter 26B-4 / § 26B-4-1008
§ 26B-4-1008. Mental health and substance use disorder disclosure -- Standard form --Consent -- Sharing.
Status: in_force

(1) As used in this section: (a) "Board of Pardons and Parole" means the Board of Pardons and Parole created in Section 77-27-2. (b) "Commission" means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. (c) "County pretrial and probation services" means county-provided probation services as described in Section 17-72-601. (d) "Defendant" means an individual who has been charged with a criminal offense, or been convicted of, or entered into a plea disposition for, criminal conduct. (e) "Department of Corrections" means the Department of Corrections created in Section 64-13-2. (f) "Division of Adult Probation and Parole" means the Division of Adult Probation and Parole created in Section 64-14-202. (g) "First responder" means the same as that term is defined in Section 26B-5-121. (h) "Health care provider" means the same as that term is defined in Section 78B-3-403. (i) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended. (j) "Parolee" means an individual on parole under the supervision of the Division of Adult Probation and Parole. (k) "Probationer" means an individual on probation under the supervision of the Division of Adult Probation and Parole or county pretrial and probation services. (2) Before December 31, 2026, the department shall create a standard form that: (a) is compliant with HIPAA and 42 C.F.R. Part 2; and (b) a defendant, an inmate, a parolee, or a probationer may use to consent to the disclosure of the individual's mental health disorder or substance use disorder diagnosis to: (i) health care providers; (ii) first responders; (iii) the courts; (iv) the Board of Pardons and Parole; (v) the Department of Corrections; (vi) the Division of Adult Probation and Parole; (vii) county pretrial and probation services; (viii) local mental health authorities; or (ix) other persons the department, in consultation with the commission, identifies in rules made in accordance with Subsection (5). (3) The form described in Subsection (2) shall: (a) include fields for the inmate's name, date of birth, signature, and date of signature; (b) identify each person described in Subsection (2)(b) to whom the individual's diagnosis information will be disclosed; (c) describe the circumstances under which the individual's diagnosis information will be disclosed; and (d) identify the duration of time that the consent to disclosure is valid. (4) The department shall make the form available for use by health care providers, first responders, courts, the Board of Pardons and Parole, the Department of Corrections, and the Division of Adult Probation and Parole. (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the commission, shall make rules to: (a) develop and implement standards and processes that comply with applicable state and federal laws and regulations for creating a release waiver that allows an individual's records to be used and disclosed in civil, criminal, administrative, or legislative proceedings; (b) define and restrict a person's access to the information disclosed in the form, which shall be based on: (i) the person's need to access the information to provide treatment or services to an individual; (ii) the person's contact with the individual; (iii) the individual's consent; and (iv) applicable law; and (c) identify additional persons for inclusion on the disclosure form as described in Subsection (2)(b)(ix).