Utah 2023 Regular Session

Utah House Bill HB0473 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~1st Sub.~~ H.B. 473
	1	+	H.B. 473
2	2		LEGISLATIVE GENERAL COUNSEL
3	3		6 Approved for Filing: A. Houston 6
4		-	6 02-22-23 12:59 PM 6
	4	+	6 02-14-23 4:31 PM 6
5	5		H.B. 473
6		-	1st Sub. (Buff)
7		-	Representative Nelson T. Abbott proposes the following substitute bill:
8	6		1 CIVIL COMMITMENT EXAMINER REQUIREMENTS
9	7		2 2023 GENERAL SESSION
10	8		3 STATE OF UTAH
11	9		4 Chief Sponsor: Nelson T. Abbott
12	10		5 Senate Sponsor: ____________
13	11		6
14	12		7LONG TITLE
15	13		8General Description:
16	14		9 This bill amends provisions related to designated examiners.
17	15		10Highlighted Provisions:
18	16		11 This bill:
19	17		12 <related to civil commitments, adds certain psychiatric mental health nurse
20	18		13practitioners and psychiatric mental health clinical nurse specialists to the use of the
21	19		14term "designated examiner"; and
22	20		15 <makes technical and conforming changes.
23	21		16Money Appropriated in this Bill:
24	22		17 None
25	23		18Other Special Clauses:
26	24		19 None
27	25		20Utah Code Sections Affected:
28	26		21AMENDS:
29	27		22 62A-15-631, as last amended by Laws of Utah 2022, Chapter 374
30	28		23
31	29		24Be it enacted by the Legislature of the state of Utah:
32	30		25 Section 1. Section 62A-15-631 is amended to read:
33		-	HB0473S01 1st Sub. (Buff) H.B. 473 02-22-23 12:59 PM
34		-	- 2 -
35	31		26 62A-15-631. Involuntary commitment under court order -- Examination --
36	32		27Hearing -- Power of court -- Findings required -- Costs.
	33	+	HB0473 H.B. 473 02-14-23 4:31 PM
	34	+	- 2 -
37	35		28 (1) A responsible individual who has credible knowledge of an adult's mental illness
38	36		29and the condition or circumstances that have led to the adult's need to be involuntarily
39	37		30committed may initiate an involuntary commitment court proceeding by filing, in the district
40	38		31court in the county where the proposed patient resides or is found, a written application that
41	39		32includes:
42	40		33 (a) unless the court finds that the information is not reasonably available, the proposed
43	41		34patient's:
44	42		35 (i) name;
45	43		36 (ii) date of birth; and
46	44		37 (iii) social security number;
47	45		38 (b) (i) a certificate of a licensed physician or a designated examiner stating that within
48	46		39the seven-day period immediately preceding the certification, the physician or designated
49	47		40examiner examined the proposed patient and is of the opinion that the proposed patient has a
50	48		41mental illness and should be involuntarily committed; or
51	49		42 (ii) a written statement by the applicant that:
52	50		43 (A) the proposed patient has been requested to, but has refused to, submit to an
53	51		44examination of mental condition by a licensed physician or designated examiner;
54	52		45 (B) is sworn to under oath; and
55	53		46 (C) states the facts upon which the application is based; and
56	54		47 (c) a statement whether the proposed patient has previously been under an assisted
57	55		48outpatient treatment order, if known by the applicant.
58	56		49 (2) Before issuing a judicial order, the court:
59	57		50 (a) shall require the applicant to consult with the appropriate local mental health
60	58		51authority at or before the hearing; and
61	59		52 (b) may direct a mental health professional from the local mental health authority to
62	60		53interview the applicant and the proposed patient to determine the existing facts and report the
63	61		54existing facts to the court.
64	62		55 (3) The court may issue an order, directed to a mental health officer or peace officer, to
65		-	56immediately place a proposed patient in the custody of a local mental health authority or in a 02-22-23 12:59 PM 1st Sub. (Buff) H.B. 473
	63	+	56immediately place a proposed patient in the custody of a local mental health authority or in a
	64	+	57temporary emergency facility, as described in Section 62A-15-634, to be detained for the
	65	+	58purpose of examination if: 02-14-23 4:31 PM H.B. 473
66	66		- 3 -
67		-	57temporary emergency facility, as described in Section 62A-15-634, to be detained for the
68		-	58purpose of examination if:
69	67		59 (a) the court finds from the application, any other statements under oath, or any reports
70	68		60from a mental health professional that there is a reasonable basis to believe that the proposed
71	69		61patient has a mental illness that poses a danger to self or others and requires involuntary
72	70		62commitment pending examination and hearing; or
73	71		63 (b) the proposed patient refuses to submit to an interview with a mental health
74	72		64professional as directed by the court or to go to a treatment facility voluntarily.
75	73		65 (4) (a) The court shall provide notice of commencement of proceedings for involuntary
76	74		66commitment, setting forth the allegations of the application and any reported facts, together
77	75		67with a copy of any official order of detention, to a proposed patient before, or upon, placement
78	76		68of the proposed patient in the custody of a local mental health authority or, with respect to any
79	77		69proposed patient presently in the custody of a local mental health authority whose status is
80	78		70being changed from voluntary to involuntary, upon the filing of an application for that purpose
81	79		71with the court.
82	80		72 (b) The place of detention shall maintain a copy of the order of detention.
83	81		73 (5) (a) The court shall provide notice of commencement of proceedings for involuntary
84	82		74commitment as soon as practicable to the applicant, any legal guardian, any immediate adult
85	83		75family members, legal counsel for the parties involved, the local mental health authority or the
86	84		76local mental health authority's designee, and any other persons whom the proposed patient or
87	85		77the court designates.
88	86		78 (b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
89	87		79advise the persons that a hearing may be held within the time provided by law.
90	88		80 (c) If the proposed patient refuses to permit release of information necessary for
91	89		81provisions of notice under this subsection, the court shall determine the extent of notice.
92	90		82 (6) Proceedings for commitment of an individual under 18 years old to a local mental
93	91		83health authority may be commenced in accordance with Part 7, Commitment of Persons Under
94	92		84Age 18 to Division of Substance Abuse and Mental Health.
95	93		85 (7) (a) The district court may, in the district court's discretion, transfer the case to any
96	94		86other district court within this state, if the transfer will not be adverse to the interest of the
97		-	87proposed patient. 1st Sub. (Buff) H.B. 473 02-22-23 12:59 PM
	95	+	87proposed patient.
	96	+	88 (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
	97	+	89transferred and the local mental health authority may be substituted in accordance with Utah H.B. 473 02-14-23 4:31 PM
98	98		- 4 -
99		-	88 (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
100		-	89transferred and the local mental health authority may be substituted in accordance with Utah
101	99		90Rules of Civil Procedure, Rule 25.
102	100		91 (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
103	101		92of a judicial order, or after commitment of a proposed patient to a local mental health authority
104	102		93or the local mental health authority's designee under court order for detention or examination,
105	103		94the court shall appoint two designated examiners:
106	104		95 (a) who did not sign the civil commitment application nor the civil commitment
107	105		96certification under Subsection (1);
108	106		97 (b) one of whom is:
109	107		98 (i) a licensed physician; or
110	108		99 (ii) a psychiatric mental health nurse practitioner or a psychiatric mental health clinical
111	109		100nurse specialist who:
112	110		101 (A) is nationally certified;
113	111		102 (B) is doctorally trained; and
114		-	103 (C) has at least ~~two~~ years of inpatient mental health experience, regardless of the
	112	+	103 (C) has at least five years of inpatient mental health experience, regardless of the
115	113		104license the individual held at the time of that experience; and
116	114		105 (c) one of whom may be designated by the proposed patient or the proposed patient's
117	115		106counsel, if that designated examiner is reasonably available.
118	116		107 (9) The court shall schedule a hearing to be held within 10 calendar days after the day
119	117		108on which the designated examiners are appointed.
120	118		109 (10) (a) The designated examiners shall:
121	119		110 (i) conduct the examinations separately;
122	120		111 (ii) conduct the examinations at the home of the proposed patient, at a hospital or other
123	121		112medical facility, or at any other suitable place, including through telehealth, that is not likely to
124	122		113have a harmful effect on the proposed patient's health;
125	123		114 (iii) inform the proposed patient, if not represented by an attorney:
126	124		115 (A) that the proposed patient does not have to say anything;
127	125		116 (B) of the nature and reasons for the examination;
128	126		117 (C) that the examination was ordered by the court;
129		-	118 (D) that any information volunteered could form part of the basis for the proposed 02-22-23 12:59 PM 1st Sub. (Buff) H.B. 473
	127	+	118 (D) that any information volunteered could form part of the basis for the proposed
	128	+	119patient's involuntary commitment;
	129	+	120 (E) that findings resulting from the examination will be made available to the court; 02-14-23 4:31 PM H.B. 473
130	130		- 5 -
131		-	119patient's involuntary commitment;
132		-	120 (E) that findings resulting from the examination will be made available to the court;
133	131		121and
134	132		122 (F) that the designated examiner may, under court order, obtain the proposed patient's
135	133		123mental health records; and
136	134		124 (iv) within 24 hours of examining the proposed patient, report to the court, orally or in
137	135		125writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as
138	136		126described in Section 62A-15-625, or has acceptable programs available to the proposed patient
139	137		127without court proceedings.
140	138		128 (b) If a designated examiner reports orally under Subsection (10)(a), the designated
141	139		129examiner shall immediately send a written report to the clerk of the court.
142	140		130 (11) If a designated examiner is unable to complete an examination on the first attempt
143	141		131because the proposed patient refuses to submit to the examination, the court shall fix a
144	142		132reasonable compensation to be paid to the examiner.
145	143		133 (12) If the local mental health authority, the local mental health authority's designee, or
146	144		134a medical examiner determines before the court hearing that the conditions justifying the
147	145		135findings leading to a commitment hearing no longer exist, the local mental health authority, the
148	146		136local mental health authority's designee, or the medical examiner shall immediately report the
149	147		137determination to the court.
150	148		138 (13) The court may terminate the proceedings and dismiss the application at any time,
151	149		139including before the hearing, if the designated examiners or the local mental health authority or
152	150		140the local mental health authority's designee informs the court that the proposed patient:
153	151		141 (a) does not meet the criteria in Subsection (16);
154	152		142 (b) has agreed to voluntary commitment, as described in Section 62A-15-625;
155	153		143 (c) has acceptable options for treatment programs that are available without court
156	154		144proceedings; or
157	155		145 (d) meets the criteria for assisted outpatient treatment described in Section
158	156		14662A-15-630.5.
159	157		147 (14) (a) Before the hearing, the court shall provide the proposed patient an opportunity
160	158		148to be represented by counsel, and if neither the proposed patient nor others provide counsel, the
161		-	149court shall appoint counsel and allow counsel sufficient time to consult with the proposed 1st Sub. (Buff) H.B. 473 02-22-23 12:59 PM
	159	+	149court shall appoint counsel and allow counsel sufficient time to consult with the proposed
	160	+	150patient before the hearing.
	161	+	151 (b) In the case of an indigent proposed patient, the county in which the proposed H.B. 473 02-14-23 4:31 PM
162	162		- 6 -
163		-	150patient before the hearing.
164		-	151 (b) In the case of an indigent proposed patient, the county in which the proposed
165	163		152patient resides or is found shall make payment of reasonable attorney fees for counsel, as
166	164		153determined by the court.
167	165		154 (15) (a) (i) The court shall afford the proposed patient, the applicant, and any other
168	166		155person to whom notice is required to be given an opportunity to appear at the hearing, to
169	167		156testify, and to present and cross-examine witnesses.
170	168		157 (ii) The court may, in the court's discretion, receive the testimony of any other person.
171	169		158 (iii) The court may allow a waiver of the proposed patient's right to appear for good
172	170		159cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
173	171		160shall be included in the record.
174	172		161 (b) The court is authorized to exclude any person not necessary for the conduct of the
175	173		162proceedings and may, upon motion of counsel, require the testimony of each designated
176	174		163examiner to be given out of the presence of any other designated examiners.
177	175		164 (c) The court shall conduct the hearing in as informal a manner as may be consistent
178	176		165with orderly procedure, and in a physical setting that is not likely to have a harmful effect on
179	177		166the mental health of the proposed patient, while preserving the due process rights of the
180	178		167proposed patient.
181	179		168 (d) The court shall consider any relevant historical and material information that is
182	180		169offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah
183	181		170Rules of Evidence.
184	182		171 (e) (i) A local mental health authority or the local mental health authority's designee or
185	183		172the physician in charge of the proposed patient's care shall, at the time of the hearing, provide
186	184		173the court with the following information:
187	185		174 (A) the detention order;
188	186		175 (B) admission notes;
189	187		176 (C) the diagnosis;
190	188		177 (D) any doctors' orders;
191	189		178 (E) progress notes;
192	190		179 (F) nursing notes;
193		-	180 (G) medication records pertaining to the current commitment; and 02-22-23 12:59 PM 1st Sub. (Buff) H.B. 473
	191	+	180 (G) medication records pertaining to the current commitment; and
	192	+	181 (H) whether the proposed patient has previously been civilly committed or under an
	193	+	182order for assisted outpatient treatment. 02-14-23 4:31 PM H.B. 473
194	194		- 7 -
195		-	181 (H) whether the proposed patient has previously been civilly committed or under an
196		-	182order for assisted outpatient treatment.
197	195		183 (ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
198	196		184proposed patient's counsel at the time of the hearing, and at any time prior to the hearing upon
199	197		185request.
200	198		186 (16) (a) The court shall order commitment of an adult proposed patient to a local
201	199		187mental health authority if, upon completion of the hearing and consideration of the information
202	200		188presented, the court finds by clear and convincing evidence that:
203	201		189 (i) the proposed patient has a mental illness;
204	202		190 (ii) because of the proposed patient's mental illness the proposed patient poses a
205	203		191substantial danger to self or others;
206	204		192 (iii) the proposed patient lacks the ability to engage in a rational decision-making
207	205		193process regarding the acceptance of mental treatment as demonstrated by evidence of inability
208	206		194to weigh the possible risks of accepting or rejecting treatment;
209	207		195 (iv) there is no appropriate less-restrictive alternative to a court order of commitment;
210	208		196and
211	209		197 (v) the local mental health authority can provide the proposed patient with treatment
212	210		198that is adequate and appropriate to the proposed patient's conditions and needs.
213	211		199 (b) (i) If, at the hearing, the court determines that the proposed patient has a mental
214	212		200illness but does not meet the other criteria described in Subsection (16)(a), the court may
215	213		201consider whether the proposed patient meets the criteria for assisted outpatient treatment under
216	214		202Section 62A-15-630.5.
217	215		203 (ii) The court may order the proposed patient to receive assisted outpatient treatment in
218	216		204accordance with Section 62A-15-630.5 if, at the hearing, the court finds the proposed patient
219	217		205meets the criteria for assisted outpatient treatment under Section 62A-15-630.5.
220	218		206 (iii) If the court determines that neither the criteria for commitment under Subsection
221	219		207(16)(a) nor the criteria for assisted outpatient treatment under Section 62A-15-630.5 are met,
222	220		208the court shall dismiss the proceedings after the hearing.
223	221		209 (17) (a) (i) The order of commitment shall designate the period for which the patient
224	222		210shall be treated.
225		-	211 (ii) If the patient is not under an order of commitment at the time of the hearing, the 1st Sub. (Buff) H.B. 473 02-22-23 12:59 PM
	223	+	211 (ii) If the patient is not under an order of commitment at the time of the hearing, the
	224	+	212patient's treatment period may not exceed six months without a review hearing.
	225	+	213 (iii) Upon a review hearing, to be commenced before the expiration of the previous H.B. 473 02-14-23 4:31 PM
226	226		- 8 -
227		-	212patient's treatment period may not exceed six months without a review hearing.
228		-	213 (iii) Upon a review hearing, to be commenced before the expiration of the previous
229	227		214order of commitment, an order for commitment may be for an indeterminate period, if the court
230	228		215finds by clear and convincing evidence that the criteria described in Subsection (16) will last
231	229		216for an indeterminate period.
232	230		217 (b) (i) The court shall maintain a current list of all patients under the court's order of
233	231		218commitment and review the list to determine those patients who have been under an order of
234	232		219commitment for the court designated period.
235	233		220 (ii) At least two weeks before the expiration of the designated period of any order of
236	234		221commitment still in effect, the court that entered the original order of commitment shall inform
237	235		222the appropriate local mental health authority or the local mental health authority's designee of
238	236		223the expiration.
239	237		224 (iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
240	238		225mental health authority or the local mental health authority's designee shall immediately
241	239		226reexamine the reasons upon which the order of commitment was based.
242	240		227 (iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
243	241		228authority or the local mental health authority's designee determines that the conditions
244	242		229justifying commitment no longer exist, the local mental health authority or the local mental
245	243		230health authority's designee shall discharge the patient from involuntary commitment and
246	244		231immediately report the discharge to the court.
247	245		232 (v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
248	246		233authority or the local mental health authority's designee determines that the conditions
249	247		234justifying commitment continue to exist, the court shall immediately appoint two designated
250	248		235examiners and proceed under Subsections (8) through (14).
251	249		236 (c) (i) The local mental health authority or the local mental health authority's designee
252	250		237responsible for the care of a patient under an order of commitment for an indeterminate period
253	251		238shall, at six-month intervals, reexamine the reasons upon which the order of indeterminate
254	252		239commitment was based.
255	253		240 (ii) If the local mental health authority or the local mental health authority's designee
256	254		241determines that the conditions justifying commitment no longer exist, the local mental health
257		-	242authority or the local mental health authority's designee shall discharge the patient from the 02-22-23 12:59 PM 1st Sub. (Buff) H.B. 473
	255	+	242authority or the local mental health authority's designee shall discharge the patient from the
	256	+	243local mental health authority's or the local mental health authority designee's custody and
	257	+	244immediately report the discharge to the court. 02-14-23 4:31 PM H.B. 473
258	258		- 9 -
259		-	243local mental health authority's or the local mental health authority designee's custody and
260		-	244immediately report the discharge to the court.
261	259		245 (iii) If the local mental health authority or the local mental health authority's designee
262	260		246determines that the conditions justifying commitment continue to exist, the local mental health
263	261		247authority or the local mental health authority's designee shall send a written report of the
264	262		248findings to the court.
265	263		249 (iv) A patient and the patient's counsel of record shall be notified in writing that the
266	264		250involuntary commitment will be continued under Subsection (17)(c)(iii), the reasons for the
267	265		251decision to continue, and that the patient has the right to a review hearing by making a request
268	266		252to the court.
269	267		253 (v) Upon receiving a request under Subsection (17)(c)(iv), the court shall immediately
270	268		254appoint two designated examiners and proceed under Subsections (8) through (14).
271	269		255 (18) (a) Any patient committed as a result of an original hearing or a patient's legally
272	270		256designated representative who is aggrieved by the findings, conclusions, and order of the court
273	271		257entered in the original hearing has the right to a new hearing upon a petition filed with the court
274	272		258within 30 days after the day on which the court order is entered.
275	273		259 (b) The petition shall allege error or mistake in the findings, in which case the court
276	274		260shall appoint three impartial designated examiners previously unrelated to the case to conduct
277	275		261an additional examination of the patient.
278	276		262 (c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
279	277		263conduct the new hearing in the manner otherwise permitted.
280	278		264 (19) The county in which the proposed patient resides or is found shall pay the costs of
281	279		265all proceedings under this section.