reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 109 - Local plan program funding.

Effective 5/3/2023
26B-5-109.
Local plan program funding.
(1) To facilitate the distribution of newly appropriated funds beginning from fiscal year 2018 for prevention, treatment, and recovery support services that reduce recidivism or reduce the per capita number of incarcerated offenders with a substance use disorder or a mental health disorder, the division shall:
(a) form an application review and fund distribution committee that includes:
(i) one representative of the Utah Sheriffs' Association;
(ii) one representative of the Statewide Association of Prosecutors of Utah;
(iii) two representatives from the division; and
(iv) two representatives from the Utah Association of Counties; and
(b) require the application review and fund distribution committee to:
(i) establish a competitive application process for funding of a local plan, as described in Sections 17-43-201(5)(b) and 17-43-301(6)(a)(ii);
(ii) establish criteria in accordance with Subsection (1) for the evaluation of an application;
(iii) ensure that the committee members' affiliate groups approve of the application process and criteria;
(iv) evaluate applications; and
(v) distribute funds to programs implemented by counties, local mental health authorities, or local substance abuse authorities.
(2) Demonstration of matching county funds is not a requirement to receive funds, but the application review committee may take into consideration the existence of matching funds when determining which programs to fund.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 110 - Suicide Prevention Education Program -- Definitions -- Grant requirements.

Effective 5/3/2023
26B-5-110.
Suicide Prevention Education Program -- Definitions -- Grant requirements.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety.
(2) There is created a Suicide Prevention Education Program to fund suicide prevention education opportunities for federally licensed firearms dealers who operate a retail establishment open to the public and the dealers' employees.
(3) The division, in conjunction with the bureau, shall provide a grant to an employer described in Subsection (2) in accordance with the criteria provided in Subsection 26B-5-611(8)(b).
(4) An employer may apply for a grant of up to $2,500 under the program.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 111 - Mental health crisis response training.

Effective 5/3/2023
26B-5-111.
Mental health crisis response training.
(1) The division shall award grants to communities to conduct mental health crisis response training.
(2) For the application and award of the grants described in Subsection (1), the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that determine:
(a) the requirements and process for a community to apply for a grant; and
(b) the substantive mental health crisis response programs that qualify for the award of a grant.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 112 - Mobile crisis outreach team expansion.

Effective 5/3/2023
26B-5-112.
Mobile crisis outreach team expansion.
(1) In consultation with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202, the division shall award grants for the development of:
(a) five mobile crisis outreach teams:
(i) in counties of the second, third, fourth, fifth, or sixth class; or
(ii) in counties of the first class, if no more than two mobile crisis outreach teams are operating or have been awarded a grant to operate in the county; and
(b) at least three mobile crisis outreach teams in counties of the third, fourth, fifth, or sixth class.
(2) A mobile crisis outreach team awarded a grant under Subsection (1) shall provide mental health crisis services 24 hours per day, 7 days per week, and every day of the year.
(3) The division shall prioritize the award of a grant described in Subsection (1) to entities, based on:
(a) the number of individuals the proposed mobile crisis outreach team will serve; and
(b) the percentage of matching funds the entity will provide to develop the proposed mobile crisis outreach team.
(4) An entity does not need to have resources already in place to be awarded a grant described in Subsection (1).
(5) In consultation with the Behavioral Health Crisis Response Commission, established in Section 63C-18-202, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award of the grants described in Subsection (1).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 112.5 - Mobile Crisis Outreach Team Grant Program.

Effective 3/15/2023
26B-5-112.5.
Mobile Crisis Outreach Team Grant Program.
(1) As used in this section, "commission" means the Behavioral Health Crisis Response Commission established in Section 63C-18-202.
(2) The commission shall provide recommendations and the division shall award grants for the development of up to five mobile crisis outreach teams.
(3) A mobile crisis outreach team that is awarded a grant under Subsection (2) shall provide mental health crisis services 24 hours per day, seven days per week, and every day of the year.
(4) The division shall prioritize the award of a grant described in Subsection (2) to entities based on:
(a) the outstanding need for crisis outreach services within the area the proposed mobile crisis outreach team will serve; and
(b) the capacity for implementation of the proposed mobile crisis outreach team in accordance with the division's established standards and requirements for mobile crisis outreach teams.
(5)
(a) In consultation with the commission, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award of the grants described in Subsection (2).
(b)
(i) The rules created under Subsection (5)(a) shall implement a funding structure for a mobile crisis outreach team developed using a grant awarded under this section.
(ii) The funding structure described in Subsection (5)(b)(i) shall provide for tiers and phases of shared funding coverage between the state and counties.
Enacted by Chapter 270, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 113 - Medicaid reimbursement for school-based health services -- Report to Legislature.

Effective 5/3/2023
26B-5-113.
Medicaid reimbursement for school-based health services -- Report to Legislature.
(1) As used in this section, "individualized education program" or "IEP" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
(2) The division shall coordinate with the State Board of Education, the Department of Health, and stakeholders to address and develop recommendations related to:
(a) the expansion of Medicaid reimbursement for school-based health services, including how to expand Medicaid-eligible school-based services beyond the services for students with IEPs; and
(b) other areas concerning Medicaid reimbursement for school-based health services, including the time threshold for medically necessary IEP services.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 115 - Safety Net Initiative.

Effective 5/3/2023
26B-5-115.
Safety Net Initiative.
(1) As used in this section, "individuals in underserved communities" means individuals living in culturally isolated communities in the state who may lack access to public assistance and other government services.
(2) There is created within the division the Safety Net Initiative to:
(a) implement strategies to increase awareness and reduce risk factors in order to improve the safety and well-being of individuals in underserved communities;
(b) coordinate with government agencies, nonprofit organizations, and interested individuals to provide open communication with individuals in underserved communities; and
(c) coordinate efforts to give individuals in underserved communities needed access to public assistance and other government services.
(3) The division may employ or contract with individuals, entities, and support staff as necessary to administer the duties required by this section.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 117 - Early childhood mental health support grant program.

Affected by 63I-2-226 on 1/2/2025
Effective 5/3/2023
26B-5-117.
Early childhood mental health support grant program.
(1) As used in this section:
(a) "Child care" means the child care services defined in Section 35A-3-102 for a child during early childhood.
(b) "Child care provider" means a person who provides child care or mental health support or interventions to a child during early childhood.
(c) "Early childhood" means the time during which a child is zero to six years old.
(d) "Project" means a project to provide education and training to child care providers regarding evidence-based best practices for delivery of mental health support and interventions during early childhood.
(2) On or before July 1, 2021, the division shall issue a request for proposals in accordance with this section to award a grant to a public or nonprofit entity to implement a project.
(3) The purpose of a project is to facilitate education about early childhood mental health support and interventions.
(4) An application for a grant under this section shall provide details regarding:
(a) the education and training regarding early childhood mental health support and interventions that the proposed project will provide to child care providers;
(b) how the proposed project plans to provide the education and training to child care providers;
(c) the number of child care providers served by the proposed project;
(d) how the proposed project will ensure the education and training is effectively provided to child care providers;
(e) the cost of the proposed project; and
(f) the sustainability of the proposed project.
(5) In evaluating a project proposal for a grant under this section, the division shall consider:
(a) the extent to which the proposed project will fulfill the purpose described in Subsection (3);
(b) the extent to which child care providers that will be served by the proposed project are likely to benefit from the proposed project;
(c) the cost of the proposed project; and
(d) the viability of the proposed project.
(6) Before June 30, 2024, the division shall report to the Health and Human Services Interim Committee regarding:
(a) any knowledge gained from providing the education and training regarding early childhood mental health support to child care providers;
(b) data gathered in relation to each project;
(c) recommendations for the future use of the education and training provided to child care providers; and
(d) obstacles encountered in providing the education and training to child care providers.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 119 - Forms.

Effective 5/3/2023
26B-5-119.
Forms.
The division shall furnish the clerks of the court with forms, blanks, warrants, and certificates, to enable judges, with regularity and facility, to comply with the provisions of this chapter.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 120 - Virtual crisis outreach team grant program.

Effective 3/15/2023
26B-5-120.
Virtual crisis outreach team grant program.
(1) As used in this section:
(a) "Certified peer support specialist" means the same as that term is defined in Section 26B-5-610.
(b) "Commission" means the Behavioral Health Crisis Response Commission established in Section 63C-18-202.
(c) "Committee" means the Health and Human Services Interim Committee.
(d) "Mobile crisis outreach team" means the same as that term is defined in Section 26B-5-609.
(e) "Virtual crisis outreach program" means a program that provides the following real-time services 24 hours per day, seven days per week, and every day of the year:
(i) crisis support, by a qualified mental or behavioral health professional, to law enforcement officers; and
(ii) peer support services, by a certified peer support specialist, to individuals experiencing behavioral health crises.
(2) In consultation with the commission and in accordance with the requirements of this section, the division shall award a grant for the development of a virtual crisis outreach program that primarily serves counties of the third, fourth, fifth, or sixth class.
(3) The division shall prioritize the award of the grant described in Subsection (2) based on the extent to which providing the grant to the applicant will increase the provision of crisis support and peer support services in areas:
(a) with frequent mental or behavioral health provider shortages; and
(b) where only one mobile crisis outreach team is available to serve multiple counties of the third, fourth, fifth, or sixth class.
(4) When not providing crisis support or peer support services to law enforcement or individuals in a county of the third, fourth, fifth, or sixth class, the virtual crisis outreach program developed using a grant under this section shall provide support services as needed to mobile crisis outreach teams in counties of the first or second class.
(5) In consultation with the commission, the division may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the application and award of the grant described in Subsection (2).
(6) Before June 30, 2024, the division shall submit a written report to the committee regarding the virtual crisis outreach program developed using the grant awarded under this section.
(7) Before June 30, 2026, the division shall submit a written report to the committee regarding:
(a) data gathered in relation to the rural virtual crisis outreach team developed using the grant awarded under this section;
(b) knowledge gained relating to the provision of virtual crisis outreach services;
(c) recommendations for the future use of virtual crisis outreach services; and
(d) obstacles encountered in the provision of virtual crisis outreach services.
Enacted by Chapter 270, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 201 - Definitions.

Effective 5/3/2023
26B-5-201.
Definitions.
As used in this part:
(1) "Juvenile substance use offender" means any minor who has committed a drug or alcohol related offense under the jurisdiction of the juvenile court in accordance with Section 78A-6-103.
(2) "Local substance abuse authority" means a county legislative body designated to provide substance abuse services in accordance with Section 17-43-201.
(3) "Minor" means the same as that term is defined in Section 80-1-102.
(4) "Teen substance use school" means any school established by the local substance abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an educational, interpersonal, skill-building experience for juvenile substance abuse offenders and their parents or legal guardians.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 202 - Teen substance use schools -- Establishment.

Effective 5/3/2023
26B-5-202.
Teen substance use schools -- Establishment.
The division or a local substance abuse authority, in cooperation with the Board of Juvenile Court Judges, may establish teen substance use schools in the districts of the juvenile court.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 203 - Court order to attend substance use school -- Assessments.

Effective 5/3/2023
26B-5-203.
Court order to attend substance use school -- Assessments.
(1) In addition to any other disposition ordered by the juvenile court under Section 80-6-701, the court may order:
(a) a minor and the minor's parent or legal guardian to attend a teen substance use school; and
(b) payment of an assessment in addition to any other fine imposed.
(2) All assessments collected shall be forwarded to the county treasurer of the county where the minor resides, to be used exclusively for the operation of a teen substance use program.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 207 - DUI -- Legislative policy -- Rehabilitation treatment and evaluation -- Use of victim impact panels.

Effective 5/3/2023
26B-5-207.
DUI -- Legislative policy -- Rehabilitation treatment and evaluation -- Use of victim impact panels.
The Legislature finds that drivers impaired by alcohol or drugs constitute a major problem in this state and that the problem demands a comprehensive detection, intervention, education, and treatment program including emergency services, outpatient treatment, detoxification, residential care, inpatient care, medical and psychological care, social service care, vocational rehabilitation, and career counseling through public and private agencies. It is the policy of this state to provide those programs at the expense of persons convicted of driving while under the influence of intoxicating liquor or drugs. It is also the policy of this state to utilize victim impact panels to assist persons convicted of driving under the influence of intoxicating liquor or drugs to gain a full understanding of the severity of their offense.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 208 - Penalty for DUI conviction -- Amounts.

Effective 5/3/2023
26B-5-208.
Penalty for DUI conviction -- Amounts.
(1) Courts of record and not of record may at sentencing assess against the defendant, in addition to any fine, an amount that will fully compensate agencies that treat the defendant for their costs in each case where a defendant is convicted of violating:
(a) Section 41-6a-502 or 41-6a-517;
(b) a criminal prohibition resulting from a plea bargain after an original charge of violating Section 41-6a-502; or
(c) an ordinance that complies with the requirements of Subsection 41-6a-510(1).
(2) The fee assessed shall be collected by the court or an entity appointed by the court.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 209 - Assessments for DUI -- Use of money for rehabilitation programs, including victim impact panels -- Rulemaking power granted.

Effective 5/3/2023
26B-5-209.
Assessments for DUI -- Use of money for rehabilitation programs, including victim impact panels -- Rulemaking power granted.
(1)
(a) Assessments imposed under Section 26B-5-208 may, pursuant to court order:
(i) be collected by the clerk of the court in which the person was convicted; or
(ii) be paid directly to the licensed alcohol or drug treatment program.
(b) Assessments collected by the court under Subsection (1)(a)(i) shall be forwarded to a special nonlapsing account created by the county treasurer of the county in which the fee is collected.
(2) Assessments under Subsection (1) shall be used exclusively for the operation of licensed alcohol or drug rehabilitation programs and education, assessment, supervision, and other activities related to and supporting the rehabilitation of persons convicted of driving while under the influence of intoxicating liquor or drugs. A requirement of the rehabilitation program shall be participation with a victim impact panel or program providing a forum for victims of alcohol or drug related offenses and defendants to share experiences on the impact of alcohol or drug related incidents in their lives. The division shall establish guidelines to implement victim impact panels where, in the judgment of the licensed alcohol or drug program, appropriate victims are available, and shall establish guidelines for other programs where such victims are not available.
(3) None of the assessments shall be maintained for administrative costs by the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 2 - Substance Use Disorder Intervention, Prevention, and Education › Section 210 - Policy -- Alternatives to incarceration.

Effective 5/3/2023
26B-5-210.
Policy -- Alternatives to incarceration.
It is the policy of this state to provide adequate and appropriate health and social services as alternatives to incarceration for public intoxication.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 302 - Utah State Hospital.

Effective 5/3/2023
26B-5-302.
Utah State Hospital.
The Utah State Hospital is established and located in Provo, in Utah county.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 303 - Administration of state hospital -- Division -- Authority.

Effective 5/3/2023
26B-5-303.
Administration of state hospital -- Division -- Authority.
(1) The division shall administer the state hospital as part of the state's comprehensive mental health program and, to the fullest extent possible, shall, as the state hospital's administrator, coordinate with local mental health authority programs.
(2) The division has the same powers, duties, rights, and responsibilities as, and shall perform the same functions that by law are conferred or required to be discharged or performed by, the state hospital.
(3) Supervision and administration of security responsibilities for the state hospital is vested in the division. The executive director shall designate, as special function officers, individuals with peace officer authority to perform special security functions for the state hospital.
(4) A director of a mental health facility that houses an involuntary patient or a patient committed by judicial order may establish secure areas, as provided in Section 76-8-311.1, within the mental health facility for the patient.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 304 - Appointment of superintendent -- Qualifications -- Powers and responsibilities.

Effective 5/3/2023
26B-5-304.
Appointment of superintendent -- Qualifications -- Powers and responsibilities.
(1) The director, with the consent of the executive director, shall appoint a superintendent of the state hospital, who shall hold office at the will of the director.
(2) The superintendent shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in matters concerning mental health.
(3) The superintendent has general responsibility for the buildings, grounds, and property of the state hospital.
(4) The superintendent shall appoint, with the approval of the director, as many employees as necessary for the efficient and economical care and management of the state hospital, and shall fix the employees' compensation and administer personnel functions according to the standards of the Division of Human Resource Management.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 305 - Clinical director -- Appointment -- Conditions and procedure -- Duties.

Effective 5/3/2023
26B-5-305.
Clinical director -- Appointment -- Conditions and procedure -- Duties.
(1) Whenever the superintendent is not qualified to be the clinical director of the state hospital under this section, the superintendent shall, with the approval of the director of the division, appoint a clinical director who is licensed to practice medicine and surgery in this state, and who has had at least three years' training in a psychiatric residency program approved by the American Board of Psychiatry and Neurology, Inc., and who is eligible for certification by that board.
(2) The salary of the clinical director of the state hospital shall be fixed by the standards of the Division of Finance, to be paid in the same manner as the salaries of other employees.
(3) The clinical director shall perform such duties as directed by the superintendent and prescribed by the rules of the board, and shall prescribe and direct the treatment of patients and adopt sanitary measures for their welfare.
(4) If the superintendent is qualified to be the clinical director, the superintendent may assume the duties of the clinical director.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 306 - Objectives of state hospital and other facilities -- Persons who may be admitted to state hospital.

Effective 5/3/2023
26B-5-306.
Objectives of state hospital and other facilities -- Persons who may be admitted to state hospital.
(1) The objectives of the state hospital and other mental health facilities shall be to care for all persons within this state who are subject to the provisions of this chapter; and to furnish them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement, occupation, and support that is conducive to their physical and mental well-being.
(2) Only the following persons may be admitted to the state hospital:
(a) persons 18 years old and older who meet the criteria necessary for commitment under this part and who have severe mental disorders for whom no appropriate, less restrictive treatment alternative is available;
(b) persons under 18 years old who meet the criteria necessary for commitment under Part 4, Commitment of Persons under Age 18, and for whom no less restrictive alternative is available;
(c) persons adjudicated and found to be guilty with a mental condition under Title 77, Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition;
(d) persons adjudicated and found to be not guilty by reason of insanity who are under a subsequent commitment order because they have a mental illness and are a danger to themselves or others, under Section 77-16a-302;
(e) persons found incompetent to proceed under Section 77-15-6;
(f) persons who require an examination under Title 77, Utah Code of Criminal Procedure; and
(g) persons in the custody of the Department of Corrections, admitted in accordance with Section 26B-5-372, giving priority to those persons with severe mental disorders.
Amended by Chapter 184, 2023 General Session
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 307 - Additional powers of director -- Reports and records of division.

Effective 5/3/2023
26B-5-307.
Additional powers of director -- Reports and records of division.
(1) In addition to specific authority granted by other provisions of this part, the director has authority to prescribe the form of applications, records, reports, and medical certificates provided for under this part, and the information required to be contained therein, and to adopt rules that are not inconsistent with the provisions of this part that the director finds to be reasonably necessary for the proper and efficient commitment of persons with a mental illness.
(2) The division shall require reports relating to the admission, examination, diagnosis, release, or discharge of any patient and investigate complaints made by any patient or by any person on behalf of a patient.
(3) A local mental health authority shall keep a record of the names and current status of all persons involuntarily committed to it under this chapter.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 308 - Standards for care and treatment.

Effective 5/3/2023
26B-5-308.
Standards for care and treatment.
Every patient is entitled to humane care and treatment and to medical care and treatment in accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice, social work practice, and the practice of clinical psychology.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 309 - Mechanical restraints and medication -- Clinical record.

Effective 5/3/2023
26B-5-309.
Mechanical restraints and medication -- Clinical record.
(1) Mechanical restraints may not be applied to a patient unless it is determined by the director or his designee to be required by the needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the patient's clinical record, under the signature of the director or his designee, and shall be reviewed regularly.
(2) In no event shall medication be prescribed for a patient unless it is determined by a physician to be required by the patient's medical needs. Every use of a medication and the reasons therefor shall be made a part of the patient's clinical record.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 310 - Restrictions and limitations -- Civil rights and privileges.

Effective 5/3/2023
26B-5-310.
Restrictions and limitations -- Civil rights and privileges.
(1) Subject to the general rules of the division, and except to the extent that the director or his designee determines that it is necessary for the welfare of the patient to impose restrictions, every patient is entitled to:
(a) communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside the facility;
(b) receive visitors; and
(c) 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.
(2) 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. Any continuing denial or limitation shall be reviewed every 30 days and shall also be entered in that treatment record. Notice of that continuing denial in excess of 30 days shall be sent to the division, the appropriate local mental health authority, the appropriate local substance abuse authority, or an approved treatment facility or program, whichever is most applicable to the patient.
(3) Notwithstanding any limitations authorized under this section on the right of communication, each patient is entitled to communicate by sealed mail with the appropriate local mental health authority, the appropriate local substance abuse authority, an approved treatment facility or program, the division, the patient's attorney, and the court, if any, that ordered the patient's commitment or essential treatment. In no case may the patient be denied a visit with the legal counsel or clergy of the patient's choice.
(4) 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.
(5) 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.
(6) Notwithstanding Section 53B-17-303, an individual committed under this chapter has the right to determine the final disposition of that individual's body after death.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 311 - Habeas corpus.

Effective 5/3/2023
26B-5-311.
Habeas corpus.
Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon proper petition by themselves or a friend, to the court in the county in which the individual is detained.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 312 - Confidentiality of information and records -- Exceptions -- Penalty.

Effective 5/3/2023
26B-5-312.
Confidentiality of information and records -- Exceptions -- Penalty.
(1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except insofar as:
(a) the individual identified or his legal guardian, if any, or, if a minor, his parent or legal guardian shall consent;
(b) disclosure may be necessary to carry out the provisions of:
(i) this part; or
(ii) Section 53-10-208.1; or
(c) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest.
(2) A person who knowingly or intentionally discloses any information not authorized by this section is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 314 - Physician and provider responsibilities -- Provision of services contrary to declaration -- Revocation.

Effective 5/3/2023
26B-5-314.
Physician and provider responsibilities -- Provision of services contrary to declaration -- Revocation.
(1) Upon being presented with a declaration, a physician shall make the declaration a part of the declarant's medical record. When acting under authority of a declaration, a physician shall comply with it to the fullest extent possible, consistent with reasonable medical practice, the availability of treatments requested, and applicable law. If the physician or other provider is unwilling at any time to comply with the declaration, the physician or provider shall promptly notify the declarant and the attorney-in-fact, and document the notification in the declarant's medical record.
(2) A physician or provider may subject a declarant to intrusive treatment in a manner contrary to the declarant's wishes, as expressed in a declaration for mental health treatment if:
(a) the declarant has been committed to the custody of a local mental health authority in accordance with this part; or
(b) in cases of emergency endangering life or health.
(3) A declaration does not limit any authority provided in this part, to take a person into custody, or admit or retain a person in the custody of a local mental health authority.
(4) A declaration may be revoked in whole or in part by the declarant at any time so long as the declarant is not incapable. That revocation is effective when the declarant communicates the revocation to the attending physician or other provider. The attending physician or other provider shall note the revocation as part of the declarant's medical record.
(5) A physician who administers or does not administer mental health treatment according to and in good faith reliance upon the validity of a declaration is not subject to criminal prosecution, civil liability, or professional disciplinary action resulting from a subsequent finding that a declaration is invalid.
(6) None of the following persons may serve as an attorney-in-fact or as witnesses to the signing of a declaration:
(a) the declarant's attending physician or mental health treatment provider, or an employee of that physician or provider;
(b) an employee of the division; or
(c) an employee of a local mental health authority or any organization that contracts with a local mental health authority.
(7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or provider. The attending physician shall note the withdrawal as part of the declarant's medical record.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 316 - Responsibility for cost of care.

Effective 5/3/2023
26B-5-316.
Responsibility for cost of care.
(1) The division shall estimate and determine, as nearly as possible, the actual expense per annum of caring for and maintaining a patient in the state hospital, and that amount or portion of that amount shall be assessed to and paid by the applicant, patient, spouse, parents, child or children who are of sufficient financial ability to do so, or by the guardian of the patient who has funds of the patient that may be used for that purpose.
(2) In addition to the expenses described in Subsection (1), parents are responsible for the support of their child while the child is in the care of the state hospital pursuant to Title 78B, Chapter 12, Utah Child Support Act, and Title 26B, Chapter 9, Recovery Services and Administration of Child Support.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 317 - Expenses of voluntary patients.

Effective 5/3/2023
26B-5-317.
Expenses of voluntary patients.
The expense for the care and treatment of voluntary patients shall be assessed to and paid in the same manner and to the same extent as is provided for involuntary patients under the provisions of Section 26B-5-316.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 318 - Liability of estate of person with a mental illness.

Effective 5/3/2023
26B-5-318.
Liability of estate of person with a mental illness.
The provisions made in this part for the support of persons with a mental illness at public expense do not release the estates of those persons from liability for their care and treatment, and the division is authorized and empowered to collect from the estates of those persons any sums paid by the state in their behalf.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 319 - Receipt of gift and personal property related to the transfer of persons from other institutions.

Effective 5/3/2023
26B-5-319.
Receipt of gift and personal property related to the transfer of persons from other institutions.
(1) The division may take and hold by gift, devise, or bequest real and personal property required for the use of the state hospital. With the approval of the governor the division may convert that property that is not suitable for the state hospital's use into money or property that is suitable for the state hospital's use.
(2) The state hospital is authorized to receive from any other institution within the department an individual committed to that institution, when a careful evaluation of the treatment needs of the individual and of the treatment programs available at the state hospital indicates that the transfer would be in the interest of that individual.
(3)
(a) For the purposes of this Subsection (3), "contributions" means gifts, grants, devises, and donations.
(b) Notwithstanding the provisions of Subsection 26B-1-202(10), the state hospital is authorized to receive contributions and deposit the contributions into an interest-bearing restricted special revenue fund. The state treasurer may invest the fund, and all interest will remain in the fund.
(c)
(i) Single expenditures from the fund in amounts of $5,000 or less shall be approved by the superintendent.
(ii) Single expenditures exceeding $5,000 must be preapproved by the superintendent and the division director.
(iii) Expenditures described in this Subsection (3) shall be used for the benefit of patients at the state hospital.
(d) Money and interest in the fund may not be used for items normally paid for by operating revenues or for items related to personnel costs without specific legislative authorization.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 320 - Trespass -- Disturbance -- Penalty.

Effective 5/3/2023
26B-5-320.
Trespass -- Disturbance -- Penalty.
Any person who, without permission, enters any of the buildings or enclosures appropriated to the use of patients, or makes any attempt to do so, or enters anywhere upon the premises belonging to or used by the division, a local mental health authority, or the state hospital and commits, or attempts to commit, any trespass or depredation thereon, or any person who, either from within or without the enclosures, willfully annoys or disturbs the peace or quiet of the premises or of any patient therein, is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 321 - Abduction of patient -- Penalty.

Effective 5/3/2023
26B-5-321.
Abduction of patient -- Penalty.
Any person who abducts a patient who is in the custody of a local mental health authority, or induces any patient to elope or escape from that custody, or attempts to do so, or aids or assists therein, is guilty of a class B misdemeanor, in addition to liability for damages, or subject to other criminal charges.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 322 - Criminal's escape -- Penalty.

Effective 5/3/2023
26B-5-322.
Criminal's escape -- Penalty.
Any person committed to the state hospital under the provisions of Title 77, Chapter 15, Inquiry into Sanity of Defendant, or Chapter 16a, Commitment and Treatment of Individuals with a Mental Condition, who escapes or leaves the state hospital without proper legal authority is guilty of a class A misdemeanor.
Amended by Chapter 184, 2023 General Session
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 323 - Violations of this part -- Penalty.

Effective 5/3/2023
26B-5-323.
Violations of this part -- Penalty.
Any person who willfully and knowingly violates any provision of this part, except where another penalty is provided by law, is guilty of a class C misdemeanor.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 3 - Utah State Hospital and Other Mental Health Facilities › Section 324 - Local mental health authority -- Supervision and treatment of persons with a mental illness.

Effective 5/3/2023
26B-5-324.
Local mental health authority -- Supervision and treatment of persons with a mental illness.
(1) Each local mental health authority has responsibility for supervision and treatment of persons with a mental illness who have been committed to its custody under the provisions of this part, whether residing in the state hospital or elsewhere.
(2) The division, in administering and supervising the security responsibilities of the state hospital under its authority provided by Section 26B-5-303, shall enforce Sections 26B-5-320 through 26B-5-323 and Section 26B-5-342 to the extent they pertain to the state hospital.
Renumbered and Amended by Chapter 308, 2023 General Session