Utah Code § 26B-5-310 — Utah Code / Title 26B / Chapter 26B-5 / § 26B-5-310
§ 26B-5-310. Restrictions and limitations -- Rights and privileges.
Status: in_force

(1) Subject to the general rules of the division, subject to the requirement in Subsection (2) that the reason, nature, and extent of any limitation or denial of a patient's right shall be entered in the patient's treatment record, and except to the extent that the director or the director's designee determines that it is necessary for the welfare of the patient or the patient's caretakers to impose restrictions, every patient is entitled to: (a) (i) communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside the responsible mental health authority, local substance abuse authority, or approved treatment facility or program; (ii) be provided with letter-writing materials, including postage; and (iii) have staff of the responsible mental health authority, local substance abuse authority, or approved treatment facility or program assist the patient if the patient is unable to write, prepare, or mail correspondence; (b) have frequent and consistent opportunities to receive visitors at reasonable times that do not interfere with clinical activities; (c) speak or visit with the patient's attorney or clergy member within a reasonable period of time; (d) exercise all civil rights, including the right to dispose of property, execute instruments, make purchases, enter contractual relationships, and vote, unless the patient has been adjudicated to be incompetent and has not been restored to legal capacity; (e) while in an inpatient or residential facility, have access to adequate water and food and have the patient's nutritional needs met in a manner that is consistent with recognized dietary practices; (f) be treated fairly, with respect and recognition of the patient's dignity and individuality; (g) not be discriminated against on the basis of a characteristic identified in Subsection 57-21-5(1); (h) within 72 business hours after the patient's request, see and receive the services of a patient representative, including a peer specialist or patient advocate, who is not involved in the direct clinical care of the patient; (i) have the patient's behavioral health orders for scope of treatment, declaration for mental health treatment, or other psychiatric advance directive reviewed and considered as the preferred treatment option for involuntary administration of medications by the responsible local mental health authority, local substance abuse authority, or approved treatment facility or program, unless by clear and convincing evidence the patient's directive does not qualify as effective participation in behavioral health decision-making; (j) with the patient's consent, have the patient's information or records disclosed to an adult family member, the patient's lay person, or, in accordance with state and federal law, to a protection and advocacy system designated pursuant to 42 U.S.C. Sec. 10801 et seq.; (k) (i) access to a telephone to make and receive private calls, unless determined a clinical or safety risk; and (ii) staff assistance to be able to communicate with others, if the patient does not have a contact list; (l) wear the patient's own clothes, keep and use the patient's own possessions, and keep and be allowed to spend a reasonable amount of the patient's own money, unless deemed a clinical or safety risk; and (m) be told: (i) the reason for the patient's detainment and the limitation of the patient's detainment, including a description of the patient's right to refuse medication unless the patient requires emergency medications; and (ii) that the patient's commitment does not mean all treatment during commitment is mandatory. (2) (a) When any right of a patient is limited or denied, the nature, extent, and reason for that limitation or denial shall be entered in the patient's treatment record. (b) Information pertaining to a denial of any right of a patient shall be made available, upon request, to the patient, the patient's attorney, and the patient's lay person. (c) Any continuing denial or limitation of any right of a patient shall be reviewed every 30 days and shall also be entered in the patient's treatment record. (d) Notice of a continuing denial of any right of a patient in excess of 30 days shall be sent to the division, the responsible local mental health authority, the appropriate local substance abuse authority, or an approved treatment facility or program. (3) Local mental health authorities, local substance abuse authorities, and approved treatment facilities or programs shall provide reasonable means and arrangements for informing involuntary patients of their right to release as provided in this chapter, and for assisting them in making and presenting requests for release. (4) Local mental health facilities, local substance abuse authorities, and approved treatment facilities or programs shall post a statement, created by the division, describing a patient's rights under Utah law. (5) A local mental health authority, local substance abuse authority, or approved treatment facility or program may not intentionally retaliate or discriminate against a detained patient or employee for contacting or providing information to any official or to an employee of any state protection and advocacy agency or for initiating, participating in, or testifying in a grievance procedure or in an action for any remedy authorized pursuant to this section. (6) Notwithstanding Section 53H-4-203, an individual committed under this chapter has the right to determine the final disposition of that individual's body after death.