62A-1-101. Short title.

This title shall be known as the "Utah Human Services Code."
Amended by Chapter 30, 1992 General Session

62A-1-108.5. Mental illness examinations -- Responsibilities of the department.

(1) In accomplishing its duties to conduct mental illness examinations under Title 77, the department shall proceed as outlined in this section and within appropriations authorized by the Legislature. The executive director may delegate his responsibilities under this section to one or more divisions within the department.
(2) When the department is ordered by the court to conduct a mental illness examination, the executive director shall:

(a) direct that the examination be performed at the Utah State Hospital; or
(b) designate at least one examiner, selected under Subsection (3), to examine the defendant in his current custody or status.

62A-12-102. Division of Mental Health -- Creation -- Responsibilities.

(1) There is created the Division of Mental Health within the department, under the administration and general supervision of the executive director, and, with regard to its programs, under the policy direction of the board. The division is the mental health authority for this state.
(2) The division shall:

(a) collect and disseminate information pertaining to mental health;
(b) develop, administer, and supervise a comprehensive state mental health program;
(c) provide direction over the state hospital including approval of its budget, administrative policy, and coordination of services with local service plans;
(d) promote and establish cooperative relationships with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, education and research organizations, and other related groups;
(e) receive, distribute, and provide direction over public funds for mental health services;
(f) consult and coordinate with local mental health authorities regarding mental health programs and services;
(g) monitor and evaluate programs provided by local mental health authorities with public funds;
(h) examine expenditures of any local, state, and federal funds;
(i) monitor the expenditure of public funds by local mental health authorities and their contract providers;
(j) contract with local mental health authorities to provide or arrange for a comprehensive continuum of services in accordance with board and division policy, contract provisions, and the local plan;
(k) contract with private and public entities for special statewide or nonclinical services in accordance with board and division policy;
(l) review and approve each local mental health authority's plan, to assure:

(i) a statewide comprehensive continuum of mental health services; and
(ii) appropriate expenditure of public funds;

(m) review and make recommendations regarding each local mental health authority's contract with its provider of mental health programs and services to assure compliance with state and federal law and policy;
(n) promote or conduct research on mental health issues and submit any recommendations for changes in policy and legislation to the Legislature and the governor;
(o) withhold funds from local mental health authorities and public and private providers for contract noncompliance, failure to comply with division directives regarding the use of public funds, or for misuse of public funds or monies;
(p) cooperate with other state, county, nonprofit, and other private entities to prevent duplication of services;
(q) monitor and assure compliance with board and division policy and contract requirements; and
(r) perform such other acts as are necessary to promote mental health in the state.

(a) the use of public funds;
(b) oversight responsibilities regarding public funds; and
(c) governance of mental health programs and services.

62A-12-102.5. Fees for mental health services.

(1) The division may, with the approval of the Legislature, the executive director, and the board establish fee schedules and assess fees for services rendered by the division.
(2) Fees shall be charged for mental health services, but services may not be refused to any person because of his inability to pay. Any person who is unable to obtain private care for financial, geographical, or other sufficient reason may be accepted for community mental health services.

62A-12-202. Definitions.

As used in this chapter:
(1) "Adult" means a person 18 years of age or older.
(2) "Commitment to the custody of a local mental health authority" means that an adult is committed to the custody of the local mental health authority that governs the mental health catchment area in which the proposed patient resides or is found.
(3) "Designated examiner" means a licensed physician, preferably a psychiatrist, designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness or another licensed mental health professional designated by the division as specially qualified by training and at least five years' continual experience in the treatment of mental or related illness. At least one designated examiner in any case shall be a licensed physician. No person who is the applicant, or who signs the certification, under Section 62A-12-234 may be a designated examiner in the same case.
(4) "Designee" means a physician who has responsibility for medical functions including admission and discharge, an employee of a local mental health authority, or an employee of an agency that has contracted with a local mental health authority to provide mental health services under Section 17A-3-606.
(5) "Institution" means a hospital, or a health facility licensed under the provisions of Section 26-21-9.
(6) "Licensed physician" means an individual licensed under the laws of this state to practice medicine, or a medical officer of the United States government while in this state in the performance of official duties.
(7) "Local comprehensive community mental health center" means an agency or organization that provides treatment and services to residents of a designated geographic area, operated by or under contract with a local mental health authority, in compliance with state standards for local comprehensive community mental health centers.
(8) "Mental illness" means a psychiatric disorder as defined by the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association which substantially impairs a person's mental, emotional, behavioral, or related functioning.
(9) "Mental health facility" means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, or organization that contracts with a local mental health authority.
(10) "Mental health officer" means an individual who is designated by a local mental health authority as qualified by training and experience in the recognition and identification of mental illness, to interact with and transport persons to any mental health facility.
(11) "Patient" means an individual who has been temporarily placed in the custody of a local mental health authority, or who has been committed to a local mental health authority either voluntarily or by court order.
(12) "Treatment" means psychotherapy, medication, including the administration of psychotropic medication, and other medical treatments that are generally accepted medical and psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment.
Amended by Chapter 285, 1993 General Session

62A-12-203. Administration of state hospital -- Division -- Authority.

(1) The administration of the state hospital is vested in the division where it shall function and be administered as a part of the state's comprehensive mental health program and, to the fullest extent possible, shall be coordinated with local mental health authority programs. When it becomes feasible the board may direct that the hospital be decentralized and administered at the local level by being integrated with, and becoming a part of, the community mental health services.
(2) The division shall succeed to all the powers, discharge all the duties, and perform all the functions, duties, rights, and responsibilities pertaining to the state hospital which by law are conferred upon it or required to be discharged or performed. However, the functions, powers, duties, rights, and responsibilities of the division and of the board otherwise provided by law and by this part apply.
(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 to perform special security functions for the state hospital that require peace officer authority. These special function officers may not become or be designated as members of the Public Safety Retirement System.
(4) Directors of mental health facilities that house involuntary detainees or detainees committed pursuant to judicial order may establish secure areas, as prescribed in Section 76-8-311.1, within the mental health facility for the detainees.
Amended by Chapter 164, 1996 General Session

62A-12-204. Receipt of gift -- 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 it may convert that property which is not suitable for its use into money or property that is suitable for that use.
(2) The state hospital is authorized to receive from any other institution within the department any person committed to that institution, when a careful evaluation of the treatment needs of the person and of the treatment programs available at the state hospital indicates that the transfer would be in the interest of that person.
(3) (a) Notwithstanding the provisions of Subsection 62A-1-111 (10), the state hospital is authorized to receive gifts, grants, devises, and donations and shall deposit them into an interest-bearing expendable trust fund. The state treasurer may invest the fund and all interest is to remain with the fund. (b) Those gifts, grants, devises, donations, and the proceeds thereof shall be used by the superintendent or his designee for the use and benefit of patients at the state hospital.
Amended by Chapter 76, 1990 General Session

62A-12-204.5. Mental Health and Corrections Advisory Council -- Establishment and purpose -- Admission of person in custody of Department of Corrections to state hospital -- Retransfer of person to Department of Corrections.

(1) There is established the Mental Health and Corrections Advisory Council composed of the following members:

(a) the director or his appointee;
(b) the superintendent or his appointee;
(c) the executive director of the Department of Corrections, or his appointee;
(d) a member of the Board of Pardons and Parole or its appointee;
(e) the attorney general, or his appointee;
(f) the director of the Division of Services for People with Disabilities, or his appointee;
(g) a representative from a local mental health authority or an organization, excluding the state hospital that provides mental health services under contract with the Division of Mental Health or a local mental health authority, as appointed by the director of the division; and
(h) other persons as appointed by the members described in Subsections (1)(a) through (h).

(a) advise the director regarding admissions to the state hospital of persons in the custody of the Department of Corrections;
(b) develop policies for coordination between the division and the Department of Corrections; and
(c) advise the executive director of the Department of Corrections regarding issues of care for persons in the custody of the Department of Corrections who are mentally ill.

(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 62A-12-209(2).

(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital; and
(c) whether the inmate meets the requirements of Subsection 62A-12-209(2).

(a) the mental health treatment needs of the inmate;
(b) the treatment programs available at the state hospital;
(c) whether the person continues to meet the requirements of Subsection 62A-12-209(2);
(d) the ability of the state hospital to provide adequate treatment to the person, as well as safety and security to the public; and
(e) whether, in the opinion of the director of the division, in consultation with the clinical director of the state hospital, the person's treatment needs have been met.

62A-12-205. Board -- Rulemaking authority -- Administration by division.

The board may make rules applying to the state hospital, to be enforced and administered by the division.

62A-12-206. 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 78, Chapter 45, Uniform Civil Liability for Support Act, and Title 62A, Chapter 11, Public Support of Children Act.
Amended by Chapter 258, 1995 General Session

62A-12-207. Local mental health authority -- Supervision and treatment of mentally ill persons.

(1) Each local mental health authority has responsibility for supervision and treatment of mentally ill persons 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 62A-12-203, shall enforce Sections 62A-12-222 through 62A-12-227 to the extent they pertain to the state hospital.
Amended by Chapter 285, 1993 General Session

62A-12-208. Responsibility for education of school-aged children at the hospital -- Responsibility for noninstructional services.

(1) The State Board of Education is responsible for the education of school-aged children committed to the division.
(2) In order to fulfill its responsibility under Subsection (1), the board may contract with local school districts or other appropriate agencies to provide educational and related administrative services.
(3) Medical, residential, and other noninstructional services at the state hospital are the responsibility of the division.
Amended by Chapter 231, 1992 General Session

62A-12-209. 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 of age 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 of age who meet the criteria necessary for commitment under Part 2A and for whom no less restrictive alternative is available;
(c) persons adjudicated and found to be guilty and mentally ill under Title 77, Chapter 16a, Commitment and Treatment of Mentally Ill Persons;
(d) persons adjudicated and found to be not guilty by reason of insanity who are under a subsequent commitment order because they are mentally ill and 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; and
(g) persons in the custody of the Department of Corrections, admitted in accordance with Section 62A-12-204.5, giving priority to those persons with severe mental disorders.

62A-12-209.5. Allocation of state hospital beds -- Formula.

(1) As used in this section:

(a) "Adult beds" means the total number of patient beds located in the adult general psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent of the state hospital.
(b) "Mental health catchment area" means a county or group of counties governed by a local mental health authority.

(a) the percentage of the state's adult population located within a mental health catchment area; and
(b) a differential to compensate for the additional demand for hospital beds in mental health catchment areas that are located in urban areas.

62A-12-209.6. Allocation of pediatric state hospital beds -- Formula.

(1) As used in this section:

(a) "Pediatric beds" means the total number of patient beds located in the children's unit and the youth units at the state hospital, as determined by the superintendent of the state hospital.
(b) "Mental health catchment area" means a county or group of counties governed by a local mental health authority.

62A-12-210. Appointment of superintendent -- Qualifications -- Powers and responsibilities.

(1) The director, with the advice and consent of the board and the approval 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) Subject to the rules of the board, the superintendent has general responsibility for the buildings, grounds, and property of the state hospital. 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 their compensation and administer personnel functions according to the standards of the Department of Human Resource Management.
Amended by Chapter 104, 1992 General Session

62A-12-212. 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, he 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. 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.
(3) If the superintendent is qualified to be the clinical director, he may assume the duties of the clinical director.
Amended by Chapter 161, 1989 General Session

62A-12-214. Forms.

The division shall furnish the clerks of the district courts with forms, blanks, warrants, and certificates, to enable the district court judges, with regularity and facility, to comply with the provisions of this chapter.
Amended by Chapter 285, 1993 General Session

62A-12-215. Persons entering state mentally ill.

(1) A person who enters this state while mentally ill may be returned by a local mental health authority to the home of relatives or friends of that mentally ill person, if known, or to a hospital in the state where that mentally ill person is domiciled, in accordance with Title 62A, Chapter 12, Part 3, Interstate Compact on Mental Health.
(2) This section does not prevent commitment of persons who are traveling through or temporarily residing in this state.
Amended by Chapter 12, 1994 General Session

62A-12-216. 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 62A-12-206.
Enacted by Chapter 1, 1988 General Session

62A-12-217. Designated examiners -- Fees.

Designated examiners shall be allowed a reasonable fee by the county legislative body of the county in which the proposed patient resides or is found, unless they are otherwise paid.
Amended by Chapter 227, 1993 General Session

62A-12-219. Liability of estate of mentally ill person.

The provisions made in this part for the support of mentally ill persons 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.
Enacted by Chapter 1, 1988 General Session

62A-12-222. Attempt to commit person contrary to requirements -- Penalty.

Any person who attempts to place another person in the custody of a local mental health authority contrary to the provisions of this part is guilty of a class B misdemeanor, in addition to liability in an action for damages, or subject to other criminal charges.
Amended by Chapter 285, 1993 General Session

62A-12-224. 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.
Amended by Chapter 161, 1989 General Session

62A-12-225. 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.
Amended by Chapter 285, 1993 General Session

62A-12-226. Criminal's escape -- Penalty.

Any person committed to the state hospital under the provisions of Title 77, Chapter 15 or 16 who escapes or leaves the state hospital without proper legal authority is guilty of a class A misdemeanor.
Amended by Chapter 1, 1989 General Session

62A-12-227. 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.
Enacted by Chapter 1, 1988 General Session

62A-12-228. Voluntary admission of adults.

(1) A local mental health authority or its designee may admit to that authority, for observation, diagnosis, care, and treatment any individual who is mentally ill or has symptoms of mental illness and who, being 18 years of age or older, applies for voluntary admission.
(2) (a) No adult may be committed or continue to be committed to a local mental health authority against his will except as provided in this chapter. (b) No person under 18 years of age may be committed to a local mental health authority, but may be committed to the division in accordance with the provisions of Part 2A.
(3) An adult may be voluntarily admitted to a local mental health authority for treatment at the Utah State Hospital as a condition of probation or stay of sentence only after the requirements of Subsection 77-18-1 (14) have been met.
Amended by Chapter 352, 1995 General Session
Amended by Chapter 20, 1995 General Session

62A-12-229. Release from commitment.

(1) A local mental health authority or its designee shall release from commitment any person who, in the opinion of the local mental health authority or its designee, has recovered or no longer meets the criteria specified in Section 62A-12-234.
(2) A local mental health authority or its designee may release from commitment any patient whose commitment is determined to be no longer advisable except as provided by Section 78-3a-121, but an effort shall be made to assure that any further supportive services required to meet the patient's needs upon release will be provided.
(3) When a patient has been committed to a local mental health authority by judicial process, the local mental health authority shall follow the procedures described in Sections 62A-12-240 and 62A-12-241.
Amended by Chapter 365, 1997 General Session

62A-12-230. Release of voluntary patient -- Exceptions.

A voluntary patient who requests release, or whose release is requested in writing by his legal guardian, parent, spouse, or adult next of kin, shall be immediately released except that:
(1) if the patient was voluntarily admitted on his own application, and the request for release is made by a person other than the patient, release may be conditioned upon the agreement of the patient; and
(2) if a local mental health authority, or its designee is of the opinion that release of a patient would be unsafe for that patient or others, release of that patient may be postponed for up to 48 hours, excluding weekends and holidays, provided that the local mental health authority, or its designee, shall cause to be instituted involuntary commitment proceedings with the district court within the specified time period, unless cause no longer exists for instituting those proceedings. Written notice of that postponement with the reasons, shall be given to the patient without undue delay. No judicial proceedings may be commenced with respect to a voluntary patient unless he has requested release.
Amended by Chapter 285, 1993 General Session

62A-12-231. Involuntary commitment -- Procedures.

(1) An adult may not be involuntarily committed to the custody of a local mental health authority except under the following provisions:

(a) emergency procedures for temporary commitment upon medical or designated examiner certification, as provided in Subsection 62A-12-232 (1);
(b) emergency procedures for temporary commitment without endorsement of medical or designated examiner certification, as provided in Subsection 62A-12-232 (2); or
(c) commitment on court order, as provided in Section 62A-12-234.

62A-12-232. Temporary commitment -- Requirements and procedures.

(1) (a) An adult may be temporarily, involuntarily committed to a local mental health authority upon:

(i) written application by a responsible person who has reason to know, stating a belief that the individual is likely to cause serious injury to himself or others if not immediately restrained, and stating the personal knowledge of the individual's condition or circumstances which lead to that belief; and
(ii) a certification by a licensed physician or designated examiner stating that the physician or designated examiner has examined the individual within a three-day period immediately preceding that certification, and that he is of the opinion that the individual is mentally ill and, because of his mental illness, is likely to injure himself or others if not immediately restrained.

(a) a statement by the officer that he believes, on the basis of personal observation or on the basis of a mental health officer's observation reported to him by the mental health officer, that the person is, as a result of a mental illness, a substantial and immediate danger to himself or others;
(b) the specific nature of the danger;
(c) a summary of the observations upon which the statement of danger is based; and
(d) a statement of facts which called the person to the attention of the officer.

62A-12-233. Mental health commissioners.

The court may appoint a mental health commissioner to assist in conducting commitment proceedings in accordance with Section 78-3-31.
Enacted by Chapter 151, 1991 General Session

62A-12-234. Involuntary commitment under court order -- Examination -- Hearing -- Power of court -- Findings required -- Costs.

(1) Proceedings for involuntary commitment of an individual who is 18 years of age or older may be commenced by filing a written application with the district court of the county in which the proposed patient resides or is found, by a responsible person who has reason to know of the condition or circumstances of the proposed patient which lead to the belief that the individual is mentally ill and should be involuntarily committed. That application shall be accompanied by:

(a) a certificate of a licensed physician or a designated examiner stating that within a seven-day period immediately preceding the certification the physician or designated examiner has examined the individual, and that he is of the opinion that the individual is mentally ill and should be involuntarily committed; or
(b) a written statement by the applicant that the individual has been requested to but has refused to submit to an examination of mental condition by a licensed physician or designated examiner. That application shall be sworn to under oath and shall state the facts upon which the application is based.

(i) the detention order;
(ii) admission notes;
(iii) the diagnosis;
(iv) any doctors' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records pertaining to the current commitment.

(a) the proposed patient has a mental illness;
(b) because of the proposed patient's mental illness he poses an immediate danger of physical injury to others or himself, which may include the inability to provide the basic necessities of life such as food, clothing, and shelter, if allowed to remain at liberty;
(c) the patient lacks the ability to engage in a rational decision-making process regarding the acceptance of mental treatment as demonstrated by evidence of inability to weigh the possible costs and benefits of treatment;
(d) there is no appropriate less-restrictive alternative to a court order of commitment; and
(e) the local mental health authority can provide the individual with treatment that is adequate and appropriate to his conditions and needs. In the absence of the required findings of the court after the hearing, the court shall forthwith dismiss the proceedings.

62A-12-235. Circumstances under which conditions justifying initial involuntary commitment shall be considered to continue to exist.

(1) After a person has been involuntarily committed to the custody of a local mental health authority under Subsection 62A-12-234 (10), the conditions justifying commitment under that subsection shall be considered to continue to exist, for purposes of continued treatment under Subsection 62A-12-234 (11) or conditional release under Section 62A-12-241, if the court finds that the patient is still mentally ill, and that absent an order of involuntary commitment and without continued treatment he will suffer severe and abnormal mental and emotional distress as indicated by recent past history, and will experience deterioration in his ability to function in the least restrictive environment, thereby making him a substantial danger to himself or others.
(2) A patient whose treatment is continued or who is conditionally released under the terms of this section, shall be maintained in the least restrictive environment available which can provide him with the treatment that is adequate and appropriate.
Amended by Chapter 285, 1993 General Session

62A-12-236. Persons eligible for care or treatment by federal agency -- Continuing jurisdiction of state courts.

(1) If an individual committed pursuant to Section 62A-12-234 is eligible for care or treatment by any agency of the United States, the court, upon receipt of a certificate from a United States agency, showing that facilities are available and that the individual is eligible for care or treatment therein, may order the individual to be placed in the custody of that agency for care.
(2) When admitted to any facility or institution operated by a United States agency, within or without this state, the individual shall be subject to the rules and regulations of that agency.
(3) The chief officer of any facility or institution operated by a United States agency and in which the individual is hospitalized, shall, with respect to that individual, be vested with the same powers as the superintendent or director of a mental health facility, regarding detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is retained in appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized, and to determine the necessity for continuance of hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned.
Amended by Chapter 161, 1989 General Session

62A-12-237. Detention pending placement in custody.

Pending commitment to a local mental health authority, a patient taken into custody or ordered to be committed pursuant to this part may be detained in the patient's home, a licensed foster home, or any other suitable facility under reasonable conditions prescribed by the local mental health authority. Except in an extreme emergency, the patient may not be detained in a nonmedical facility used for the detention of individuals charged with or convicted of criminal offenses. The local mental health authority shall take reasonable measures, including provision of medical care, as may be necessary to assure proper care of an individual temporarily detained pursuant to this section.
Amended by Chapter 285, 1993 General Session

62A-12-238. Notice of commitment.

Whenever a patient has been temporarily, involuntarily committed to a local mental health authority pursuant to Section 62A-12-232 on the application of any person other than his legal guardian, spouse, or next of kin, the local mental health authority or its designee shall immediately notify the patient's legal guardian, spouse, or next of kin, if known.
Amended by Chapter 285, 1993 General Session

62A-12-240. Periodic review -- Discharge.

Each local mental health authority or its designee shall, as frequently as practicable, examine or cause to be examined every person who has been committed to it. Whenever the local mental health authority or its designee determines that the conditions justifying involuntary commitment no longer exist, it shall discharge the patient. If the patient has been committed through judicial proceedings, a report describing that determination shall be sent to the clerk of the court where the proceedings were held.
Amended by Chapter 285, 1993 General Session

62A-12-241. Release of patient to receive other treatment -- Placement in more restrictive environment -- Procedures.

(1) A local mental health authority or its designee may release an improved patient to less restrictive treatment as it may specify, and when agreed to in writing by the patient. Whenever a local mental health authority or its designee determines that the conditions justifying commitment no longer exist, the patient shall be discharged. If the patient has been committed through judicial proceedings, a report describing that determination shall be sent to the clerk of the court where the proceedings were held.
(2) (a) A local mental health authority or its designee is authorized to issue an order for the immediate placement of a patient not previously released from an order of commitment into a more restrictive environment, if the local mental health authority or its designee has reason to believe that the less restrictive environment in which the patient has been placed is aggravating the patient's mental illness as defined in Subsection 62A-12-234 (10), or that the patient has failed to comply with the specified treatment plan to which he had agreed in writing. (b) That order shall include the reasons therefor and shall authorize any peace officer to take the patient into physical custody and transport him to a facility designated by the division. Prior to or upon admission to the more restrictive environment, or upon imposition of additional or different requirements as conditions for continued release from inpatient care, copies of the order shall be personally delivered to the patient and sent to the person in whose care the patient is placed. The order shall also be sent to the patient's counsel of record and to the court that entered the original order of commitment. The order shall inform the patient of the right to a hearing, as prescribed in this section, the right to appointed counsel, and the other procedures prescribed in Subsection 62A-12-234 (9). (c) If the patient has been in the less restrictive environment for more than 30 days and is aggrieved by the change to a more restrictive environment, the patient or his representative may request a hearing within 30 days of the change. Upon receiving the request, the court shall immediately appoint two designated examiners and proceed pursuant to Section 62A-12-234, with the exception of Subsection 62A-12-234 (10), unless, by the time set for the hearing, the patient has again been placed in the less restrictive environment, or the patient has in writing withdrawn his request for a hearing.
(3) The court shall find that either:

(a) the less restrictive environment in which the patient has been placed is aggravating the patient's dangerousness or mental illness as defined in Subsection 62A-12-234 (10), or the patient has failed to comply with a specified treatment plan to which he had agreed in writing; or
(b) the less restrictive environment in which the patient has been placed is not aggravating the patient's mental illness or dangerousness, and the patient has not failed to comply with any specified treatment plan to which he had agreed in writing, in which event the order shall designate that the individual shall be placed and treated in a less restrictive environment appropriate for his needs.

62A-12-242. Reexamination of court order for commitment -- Procedures -- Costs.

(1) Any patient committed pursuant to Section 62A-12-234 is entitled to a reexamination of the order for commitment on the patient's own petition, or on that of the legal guardian, parent, spouse, relative, or friend, to the district court of the county in which the patient resides or is detained.
(2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a mental health commissioner proceedings in accordance with Section 62A-12-234, except that those proceedings shall not be required to be conducted if the petition is filed sooner than six months after the issuance of the order of commitment or the filing of a previous petition under this section, provided that the court may hold a hearing within a shorter period of time if good cause appears. The costs of proceedings for such judicial determination shall be paid by the county in which the patient resided or was found prior to commitment, upon certification, by the clerk of the district court in the county where the proceedings are held, to the county legislative body that those proceedings were held and the costs incurred.
Amended by Chapter 227, 1993 General Session

62A-12-243. 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.
Enacted by Chapter 1, 1988 General Session

62A-12-244. 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.
Amended by Chapter 161, 1989 General Session

62A-12-245. 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.

62A-12-246. Habeas corpus.

Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon proper petition by himself or a friend, to the district court in the county in which he is detained.
Enacted by Chapter 1, 1988 General Session

62A-12-247. 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.

62A-12-248. 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 he finds to be reasonably necessary for the proper and efficient commitment of mentally ill persons.
(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.
Amended by Chapter 285, 1993 General Session

62A-12-249. Retrospective effect of provisions.

Patients who were in a mental health facility on May 8, 1951, shall be deemed to have been admitted under the provisions of this part appropriate in each instance, and their care, custody, and rights shall be governed by this part.
Enacted by Chapter 1, 1988 General Session

62A-12-250. Commitment and care of criminally insane.

Nothing contained in this part may be construed to alter or change the method presently employed for the commitment and care of the criminally insane as provided in Title 77, Chapter 15.
Enacted by Chapter 1, 1988 General Session

62A-12-252. Severability.

If any one or more provision, section, subsection, sentence, clause, phrase, or word of this part, or the application thereof to any person or circumstance, is found to be unconstitutional the same is hereby declared to be severable and the balance of this part shall remain effective notwithstanding that unconstitutionality. The Legislature hereby declares that it would have passed this part, and each provision, section, subsection, sentence, clause, phrase, or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase, or word be declared unconstitutional.
Enacted by Chapter 1, 1988 General Session

62A-12-280.1. Definitions.

As used in this part:
(1) "Child" means a person under 18 years of age.
(2) "Commit" and "commitment" mean the transfer of physical or legal custody in accordance with the requirements of this part.
(3) "Legal custody" means:

(a) the right to determine where and with whom the child shall live;
(b) the right to participate in all treatment decisions and to consent or withhold consent for treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery; and
(c) the right to authorize surgery or other extraordinary medical care.

(a) placement of a child in any residential or inpatient setting;
(b) the right to physical custody of a child;
(c) the right and duty to protect the child; and
(d) the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care.

62A-12-281.1. Treatment and commitment of minors in the public mental health system.

A child is entitled to due process proceedings, in accordance with the requirements of this part, whenever the child:
(1) may receive or receives services through the public mental health system and is placed, by a local mental health authority, in a physical setting where his liberty interests are restricted, including residential and inpatient placements; or
(2) receives treatment in which a constitutionally protected privacy or liberty interest may be affected, including the administration of antipsychotic medication, electroshock therapy, and psychosurgery.
Enacted by Chapter 234, 1996 General Session

62A-12-282.1. Residential and inpatient settings -- Commitment proceeding -- Child in physical custody of local mental health authority.

(1) A child may receive services from a local mental health authority in an inpatient or residential setting only after a commitment proceeding, for the purpose of transferring physical custody, has been conducted in accordance with the requirements of this section.
(2) That commitment proceeding shall be initiated by a petition for commitment, and shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant to the procedures and requirements of this section. If the findings described in Subsection (4) exist, the proceeding shall result in the transfer of physical custody to the appropriate local mental health authority, and the child may be placed in an inpatient or residential setting.
(3) The neutral and detached fact finder who conducts the inquiry:

(a) shall be a designated examiner, as defined in Subsection 62A-12-202(3); and
(b) may not profit, financially or otherwise, from the commitment or physical placement of the child in that setting.

(a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
(b) the child demonstrates a risk of harm to himself or others;
(c) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from care and treatment by the local mental health authority; and
(e) there is no appropriate less-restrictive alternative.

(i) the petition for commitment;
(ii) the admission notes;
(iii) the child's diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.

(i) the original petition for commitment;
(ii) admission notes;
(iii) diagnosis;
(iv) physicians' orders;
(v) progress notes;
(vi) nursing notes; and
(vii) medication records.

(i) the less restrictive environment in which the child has been placed is exacerbating his mental illness, or increasing the risk of harm to himself or others; or
(ii) the less restrictive environment in which the child has been placed is not exacerbating his mental illness, or increasing the risk of harm to himself or others, in which case the fact finder shall designate that the child remain in the less restrictive environment.

62A-12-283.1. Invasive treatment -- Due process proceedings.

(1) For purposes of this section, "invasive treatment" means treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery.
(2) The requirements of this section apply to all children receiving services or treatment from a local mental health authority, its designee, or its provider regardless of whether a local mental health authority has physical custody of the child or the child is receiving outpatient treatment from the local authority, its designee, or provider.
(3) (a) The division shall promulgate rules, in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, establishing due process procedures for children prior to any invasive treatment as follows:

(i) with regard to antipsychotic medications, if either the parent or child disagrees with that treatment, a due process proceeding shall be held in compliance with the procedures established under this subsection;
(ii) with regard to psychosurgery and electroshock therapy, a due process proceeding shall be conducted pursuant to the procedures established under this subsection, regardless of whether the parent or child agree or disagree with the treatment; and
(iii) other possible invasive treatments may be conducted unless either the parent or child disagrees with the treatment, in which case a due process proceeding shall be conducted pursuant to the procedures established under this subsection.

62A-12-283.2. Commitment proceedings in juvenile court -- Criteria -- Custody.

(1) In addition to the processes described in Sections 62A-12-282.1 and 62A-12-283.1, commitment proceedings for a child may be commenced by filing a written application with the juvenile court of the county in which the child resides or is found, in accordance with the procedures described in Section 62A-12-234.
(2) The juvenile court shall order commitment to the legal custody of the division or to the physical custody of a local mental health authority if, upon completion of the hearing and consideration of the record, it finds by clear and convincing evidence that:

(a) the child has a mental illness, as defined in Subsection 62A-12-202(8);
(b) the child demonstrates a risk of harm to himself or others;
(c) the child is experiencing significant impairment in his ability to perform socially;
(d) the child will benefit from the proposed care and treatment; and
(e) there is no appropriate less restrictive alternative.

62A-12-283.3. Parent advocate.

The division shall establish the position of a parent advocate to assist parents of mentally ill children who are subject to the procedures required by this part.
Enacted by Chapter 234, 1996 General Session

62A-12-284. Confidentiality of information and records -- Exceptions -- Penalty.

(1) Notwithstanding the provisions of Sections 63-2-101 through 63-2-909, Government Records Access Management Act, all certificates, applications, records, and reports made for the purpose of this part 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 as follows:

(a) the individual identified consents after reaching 18 years of age;
(b) the child's parent or legal guardian consents;
(c) disclosure is necessary to carry out any of the provisions of this part; or
(d) 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.

62A-12-285. Mechanical restraints -- Clinical record.

Mechanical restraints may not be applied to a child unless it is determined, by the local mental health authority or its designee in conjunction with the child's current treating mental health professional, that they are required by the needs of that child. Every use of a mechanical restraint and the reasons for that use shall be made a part of the child's clinical record, under the signature of the local mental health authority, its designee, and the child's current treating mental health professional.
Enacted by Chapter 234, 1996 General Session

62A-12-286. Habeas corpus.

Any child committed in accordance with Section 62A-12-282.1 is entitled to a writ of habeas corpus upon proper petition by himself or next of friend to the district court in the district in which he is detained.
Enacted by Chapter 234, 1996 General Session

62A-12-287. Restrictions and limitations -- Civil rights and privileges.

(1) Subject to the specific rules of the division, and except to the extent that the local mental health authority or its designee, in conjunction with the child's current treating mental health professional, determines that it is necessary for the welfare of the person to impose restrictions, every child committed to the physical custody of a local mental health authority under Section 62A-12-282.1 is entitled to:

(a) communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside of the facility;
(b) receive visitors; and
(c) exercise his civil rights.

62A-12-288. Standards for care and treatment.

Every child 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.
Enacted by Chapter 234, 1996 General Session

62A-12-289. Responsibilities of the Division of Mental Health.

(1) It is the responsibility of the division to assure that the requirements of this part are met and applied uniformly by local mental health authorities across the state.
(2) Since it is the division's responsibility, under Section 62A-12-102, to contract with, review, and approve local mental health authority plans, and to withhold funds from local mental health authorities and public and private providers for contract noncompliance, the division shall:

(a) require each local mental health authority to submit its plan to the division by May 1 of each year;
(b) forward a copy of each local mental health authority's written plan to the Office of Legislative Research and General Counsel, for review by the Health and Human Services Interim Committee, within ten days after receiving the plan;
(c) conduct an annual program audit and review of each local mental health authority in the state, and its contract provider; and
(d) provide a written report to the Health and Human Services Interim Committee on July 1, 1996, and each year thereafter, and provide an oral report to that committee, as scheduled. That report shall provide information regarding the annual program audit, the financial status of each local mental health authority and its contract provider, the status of each local authority's and its contract provider's compliance with its plan, state statutes, and with the provisions of the contract awarded.

62A-12-301. Interstate compact on mental health -- Compact provisions.

The Interstate Compact on Mental Health is hereby enacted and entered into with all other jurisdictions that legally join in the compact, which is, in form, substantially as follows:

INTERSTATE COMPACT ON MENTAL HEALTH

The contracting states solemnly agree that:

Article I
The proper and expeditious treatment of the mentally ill can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability of furnishing that care and treatment bears no primary relation to the residence or citizenship of the patient but that the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal and constitutional basis for commitment or other appropriate care and treatment of the mentally ill under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states.
The appropriate authority in this state for making determinations under this compact is the director of the division or his designee.

Article II
As used in this compact:

(1) "After-care" means care, treatment, and services provided to a patient on convalescent status or conditional release.
(2) "Institution" means any hospital, program, or facility maintained by a party state or political subdivision for the care and treatment of persons with a mental illness.
(3) "Mental illness" means a psychiatric disorder as defined by the current Diagnostic and Statistical Manual of Mental Disorders, that substantially impairs a person's mental, emotional, behavioral, or related functioning to such an extent that he requires care and treatment for his own welfare, the welfare of others, or the community.
(4) "Patient" means any person subject to or eligible, as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact and constitutional due process requirements.
(5) "Receiving state" means a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be sent.
(6) "Sending state" means a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be sent.
(7) "State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article III

(1) Whenever a person physically present in any party state is in need of institutionalization because of mental illness, he shall be eligible for care and treatment in an institution in that state, regardless of his residence, settlement, or citizenship qualifications.
(2) Notwithstanding the provisions of Subsection (1) of this article, any patient may be transferred to an institution in another state whenever there are factors, based upon clinical determinations, indicating that the care and treatment of that patient would be facilitated or improved by that action. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors to be considered include the patient's full record with due regard for the location of the patient's family, the character of his illness and its probable duration, and other factors considered appropriate by authorities in the party state and the director of the division, or his designee.
(3) No state is obliged to receive any patient pursuant to the provisions of Subsection (2)of this article unless the sending state has:

(a) given advance notice of its intent to send the patient;
(b) furnished all available medical and other pertinent records concerning the patient;
(c) given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient; and
(d) determined that the receiving state agrees to accept the patient.

(4) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.
(5) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and further transfer of the patient may be made as is deemed to be in the best interest of the patient, as determined by appropriate authorities in the receiving and sending states.

Article IV

(1) Whenever, pursuant to the laws of the state in which a patient is physically present, it is determined that the patient should receive after-care or supervision, that care or supervision may be provided in the receiving state. If the medical or other appropriate clinical authorities who have responsibility for the care and treatment of the patient in the sending state believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of providing the patient with after-care in the receiving state. That request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge the patient would be placed, the complete medical history of the patient, and other pertinent documents.
(2) If the medical or other appropriate clinical authorities who have responsibility for the care and treatment of the patient in the sending state, and the appropriate authorities in the receiving state find that the best interest of the patient would be served, and if the public safety would not be jeopardized, the patient may receive after-care or supervision in the receiving state.
(3) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment as for similar local patients.

Article V
Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities both within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of that patient, he shall be detained in the state where found, pending disposition in accordance with the laws of that state.

Article VI
Accredited officers of any party state, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

Article VII

(1) No person may be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state has the effect of making the person a patient of the institution in the receiving state.
(2) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs among themselves.
(3) No provision of this compact may be construed to alter or affect any internal relationships among the departments, agencies, and officers of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities.
(4) Nothing in this compact may be construed to prevent any party state or any of its subdivisions from asserting any right against any person, agency, or other entity with regard to costs for which that party state or its subdivision may be responsible under this compact.
(5) Nothing in this compact may be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care, or treatment of the mentally ill, or any statutory authority under which those agreements are made.

Article VIII

(1) Nothing in this compact may be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or with respect to any patient for whom he serves, except that when the transfer of a patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, a court of competent jurisdiction in the receiving state may make supplemental or substitute appointments. In that case, the court that appointed the previous guardian shall, upon being advised of the new appointment and upon the satisfactory completion of accounting and other acts as the court may require, relieve the previous guardian of power and responsibility to whatever extent is appropriate in the circumstances.
However, in the case of any patient having settlement in the sending state, a court of competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed by it or to continue his power and responsibility, as it deems advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(2) The term "guardian" as used in Subsection (1) of this article includes any guardian, trustee, legal committee, conservator, or other person or agency however denominated, who is charged by law with power to act for the person or property of a patient.

Article IX

(1) No provision of this compact except Article V applies to any person institutionalized while under sentence in a penal or correctional institution, while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness, he would be subject to incarceration in a penal or correctional institution.
(2) To every extent possible, it shall be the policy of party states that no patient be placed or detained in any prison, jail, or lockup, but shall, with all expedition, be taken to a suitable institutional facility for mental illness.

Article X

(1) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state, either in the capacity of sending or receiving state. The compact administrator, or his designee, shall deal with all matters relating to the compact and patients processed under the compact. In this state the director of the division, or his designee shall act as the "compact administrator."
(2) The compact administrators of the respective party states have power to promulgate reasonable rules and regulations as are necessary to carry out the terms and provisions of this compact. In this state, the division has authority to establish those rules in accordance with the Utah Administrative Rulemaking Act.
(3) The compact administrator shall cooperate with all governmental departments, agencies, and officers in this state and its subdivisions in facilitating the proper administration of the compact and any supplementary agreement or agreements entered into by this state under the compact.
(4) The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of this compact. In the event that supplementary agreements require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, that agreement shall have no force unless approved by the director of the department or agency under whose jurisdiction the institution or facility is operated, or whose department or agency will be charged with the rendering of services.
(5) The compact administrator may make or arrange for any payments necessary to discharge financial obligations imposed upon this state by the compact or by any supplementary agreement entered into under the compact.

Article XI
Administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility, or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned find that those agreements will improve services, facilities, or institutional care and treatment of persons who are mentally ill. A supplementary agreement may not be construed to relieve a party state of any obligation that it otherwise would have under other provisions of this compact.

Article XII
This compact has full force and effect in any state when it is enacted into law in that state. Thereafter, that state is a party to the compact with any and all states that have legally joined.

Article XIII
A party state may withdraw from the compact by enacting a statute repealing the compact. Withdrawal takes effect one year after notice has been communicated officially and in writing to the compact administrators of all other party states. However, the withdrawal of a state does not change the status of any patient who has been sent to that state or sent out of that state pursuant to the compact.

Article XIV
This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact are severable, and if any phrase, clause, sentence or provision is declared to be contrary to the constitution of the United States or the applicability to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and its applicability to any government, agency, person, or circumstance shall not be affected thereby. If this compact is held to be contrary to the constitution of any party state the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Enacted by Chapter 73, 1989 General Session

62A-12-302. Requirement of conformity with this chapter.

All actions and proceedings taken under authority of this compact shall be in accordance with the procedures and constitutional requirements described in Part 2 of this chapter.
Enacted by Chapter 73, 1989 General Session

62A-12-401. Establishment and funding.

The Utah Forensic Mental Health Facility is hereby established and shall be located on state land on the campus of the Utah State Hospital in Provo, Utah County.
Amended by Chapter 42, 1994 General Session

62A-12-402. Design and operation -- Security -- Funding.

(1) The forensic mental health facility shall be designed as a secure treatment facility. The department shall have primary responsibility to design the treatment environment. However, the department shall consult with the Department of Corrections on all matters that affect the ability to secure the facility, its residents, and staff.
(2) (a) The forensic mental health facility shall be designed to separately accommodate the following populations:

(i) prison inmates displaying mental illness, as defined in Section 62A-12-202, necessitating treatment in a secure mental health facility;
(ii) criminally adjudicated persons found guilty and mentally ill or undergoing evaluation for mental illness under Title 77, Chapter 16a;
(iii) criminally adjudicated persons found guilty and mentally ill under Title 77, Chapter 16a, who are also mentally retarded;
(iv) persons found by a court to be incompetent to proceed in accordance with Title 77, Chapter 15, or not guilty by reason of insanity under Title 77, Chapter 14; and
(v) persons who are civilly committed to the custody of a local mental health authority in accordance with Title 62A, Chapter 12, Part 2, and who may not be properly supervised by the Utah State Hospital because of a lack of necessary security, as determined by the superintendent or his designee.

(a) own and operate the forensic mental health facility;
(b) provide and supervise administrative and clinical staff; and
(c) provide security staff who are trained both as psychiatric technicians and certified by the Department of Corrections to perform security responsibilities for the forensic mental health facility.

62A-12-501. Definitions.

As used in this part:

(1) "Attending physician" means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant.
(2) "Attorney-in-fact" means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment.
(3) "Incapable" means that, in the opinion of the court in a guardianship proceeding under Title 75, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.
(4) "Mental health facility" means the same as that term is defined in Section 62A-12-202.
(5) "Mental health treatment" means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days.

62A-12-502. Declaration for mental health treatment.

(1) An adult who is not incapable may make a declaration of preferences or instructions regarding his mental health treatment. The declaration may include, but is not limited to, consent to or refusal of specified mental health treatment.
(2) A declaration for mental health treatment shall designate a capable adult to act as attorney-in-fact to make decisions about mental health treatment for the declarant. An alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original designee is unable or unwilling to act at any time. An attorney-in-fact who has accepted the appointment in writing may make decisions about mental health treatment on behalf of the declarant only when the declarant is incapable. The decisions shall be consistent with any instructions or desires the declarant has expressed in the declaration.
(3) A declaration is effective only if it is signed by the declarant and two capable adult witnesses. The witnesses shall attest that the declarant is known to them, signed the declaration in their presence, appears to be of sound mind and is not under duress, fraud, or undue influence. Persons specified in Subsection 62A-12-503(6) may not act as witnesses.
(4) A declaration becomes operative when it is delivered to the declarant's physician or other mental health treatment provider and remains valid until it expires or is revoked by the declarant. The physician or provider is authorized to act in accordance with an operative declaration when the declarant has been found to be incapable. The physician or provider shall continue to obtain the declarant's informed consent to all mental health treatment decisions if the declarant is capable of providing informed consent or refusal.
(5) (a) An attorney-in-fact does not have authority to make mental health treatment decisions unless the declarant is incapable. (b) An attorney-in-fact is not, solely as a result of acting in that capacity, personally liable for the cost of treatment provided to the declarant. (c) Except to the extent that a right is limited by a declaration or by any federal law, an attorney-in-fact has the same right as the declarant to receive information regarding the proposed mental health treatment and to receive, review, and consent to disclosure of medical records relating to that treatment. This right of access does not waive any evidentiary privilege. (d) In exercising authority under the declaration, the attorney-in-fact shall act consistently with the instructions and desires of the declarant, as expressed in the declaration. If the declarant's desires are unknown, the attorney-in-fact shall act in what he, in good faith, believes to be the best interest of the declarant. (e) An attorney-in-fact is not subject to criminal prosecution, civil liability, or professional disciplinary action for any action taken in good faith pursuant to a declaration for mental health treatment.
(6) (a) A declaration for mental health treatment remains effective for a period of three years or until revoked by the declarant. If a declaration for mental health treatment has been invoked and is in effect at the expiration of three years after its execution, the declaration remains effective until the declarant is no longer incapable. (b) The authority of a named attorney-in-fact and any alternative attorney-in-fact continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until the attorney-in-fact has withdrawn.
(7) A person may not be required to execute or to refrain from executing a declaration as a criterion for insurance, as a condition for receiving mental or physical health services, or as a condition of discharge from a facility.
Enacted by Chapter 111, 1996 General Session

62A-12-503. 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 Part 2; or
(b) in cases of emergency endangering life or health.