UT
Utah House Bill HB0056

Utah 2025 Regular Session

Utah House Bill HB0056 Compare Versions

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1-Enrolled Copy H.B. 56
2-1
1+01-24 14:27 1st Sub. (Buff) H.B. 56
2+Steve Eliason proposes the following substitute bill:
3+0
34 Civil Commitment Modifications
45 2025 GENERAL SESSION
56 STATE OF UTAH
67 Chief Sponsor: Steve Eliason
78 Senate Sponsor: Todd Weiler
9+1
10+
811 2
12+LONG TITLE
13+3
14+General Description:
15+4
16+This bill amends provisions relating to civil commitment.
17+5
18+Highlighted Provisions:
19+6
20+This bill:
21+7
22+▸ amends notification requirements for when a patient is discharged from temporary,
23+8
24+involuntary commitment;
25+9
26+▸ amends the information that must be included in discharge instructions that are given to
27+10
28+an individual who is discharged from a local mental health authority's custody and
29+11
30+allows discharge instructions to be provided in paper or electronic form depending on
31+12
32+the individual's preference;
33+13
34+▸ provides that certain requirements related to civil commitment may be performed by a
35+14
36+local mental health authority's designee;
37+15
38+▸ addresses when a local mental health authority is required to follow up with certain
39+16
40+individuals discharged from civil commitment; and
41+17
42+▸ makes technical and conforming changes.
43+18
44+Money Appropriated in this Bill:
45+19
46+None
47+20
48+Other Special Clauses:
49+21
50+None
51+22
52+Utah Code Sections Affected:
53+23
54+AMENDS:
55+24
56+26B-5-331, as last amended by Laws of Utah 2024, Chapter 299
57+25
58+26B-5-332, as last amended by Laws of Utah 2024, Chapters 287, 299 and 314
59+26
60+26B-6-607, as last amended by Laws of Utah 2024, Chapter 299
61+27
62+26B-6-608, as last amended by Laws of Utah 2024, Chapter 299
63+1st Sub. H.B. 56 1st Sub. (Buff) H.B. 56 01-24 14:27
64+28
965
10-3
11-LONG TITLE
12-4
13-General Description:
14-5
15-This bill amends provisions relating to civil commitment.
16-6
17-Highlighted Provisions:
18-7
19-This bill:
20-8
21-▸ amends notification requirements for when a patient is discharged from temporary,
22-9
23-involuntary commitment;
24-10
25-▸ amends the information that must be included in discharge instructions that are given to
26-11
27-an individual who is discharged from a local mental health authority's custody and
28-12
29-allows discharge instructions to be provided in paper or electronic form depending on
30-13
31-the individual's preference;
32-14
33-▸ provides that certain requirements related to civil commitment may be performed by a
34-15
35-local mental health authority's designee;
36-16
37-▸ addresses when a local mental health authority is required to follow up with certain
38-17
39-individuals discharged from civil commitment; and
40-18
41-▸ makes technical and conforming changes.
42-19
43-Money Appropriated in this Bill:
44-20
45-None
46-21
47-Other Special Clauses:
48-22
49-None
50-23
51-Utah Code Sections Affected:
52-24
53-AMENDS:
54-25
55-26B-5-331, as last amended by Laws of Utah 2024, Chapter 299
56-26
57-26B-5-332, as last amended by Laws of Utah 2024, Chapters 287, 299 and 314
58-27
59-26B-6-607, as last amended by Laws of Utah 2024, Chapter 299 H.B. 56 Enrolled Copy
60-28
61-26B-6-608, as last amended by Laws of Utah 2024, Chapter 299
6266 29
63-
67+Be it enacted by the Legislature of the state of Utah:
6468 30
65-Be it enacted by the Legislature of the state of Utah:
69+Section 1. Section 26B-5-331 is amended to read:
6670 31
67-Section 1. Section 26B-5-331 is amended to read:
71+26B-5-331 . Temporary commitment -- Requirements and procedures -- Rights.
6872 32
69-26B-5-331 . Temporary commitment -- Requirements and procedures -- Rights.
73+(1) An adult shall be temporarily, involuntarily committed to a local mental health authority
7074 33
71-(1) An adult shall be temporarily, involuntarily committed to a local mental health authority
75+upon:
7276 34
73-upon:
77+(a) a written application that:
7478 35
75-(a) a written application that:
79+(i) is completed by a responsible individual who has reason to know, stating a belief
7680 36
77-(i) is completed by a responsible individual who has reason to know, stating a belief
81+that the adult, due to mental illness, is likely to pose substantial danger to self or
7882 37
79-that the adult, due to mental illness, is likely to pose substantial danger to self or
83+others if not restrained and stating the personal knowledge of the adult's condition
8084 38
81-others if not restrained and stating the personal knowledge of the adult's condition
85+or circumstances that lead to the individual's belief; and
8286 39
83-or circumstances that lead to the individual's belief; and
87+(ii) includes a certification by a licensed physician, licensed physician assistant,
8488 40
85-(ii) includes a certification by a licensed physician, licensed physician assistant,
89+licensed nurse practitioner, or designated examiner stating that the physician,
8690 41
87-licensed nurse practitioner, or designated examiner stating that the physician,
91+physician assistant, nurse practitioner, or designated examiner has examined the
8892 42
89-physician assistant, nurse practitioner, or designated examiner has examined the
93+adult within a three-day period immediately preceding the certification, and that
9094 43
91-adult within a three-day period immediately preceding the certification, and that
95+the physician, physician assistant, nurse practitioner, or designated examiner is of
9296 44
93-the physician, physician assistant, nurse practitioner, or designated examiner is of
97+the opinion that, due to mental illness, the adult poses a substantial danger to self
9498 45
95-the opinion that, due to mental illness, the adult poses a substantial danger to self
99+or others; or
96100 46
97-or others; or
101+(b) a peace officer or a mental health officer:
98102 47
99-(b) a peace officer or a mental health officer:
103+(i) observing an adult's conduct that gives the peace officer or mental health officer
100104 48
101-(i) observing an adult's conduct that gives the peace officer or mental health officer
105+probable cause to believe that:
102106 49
103-probable cause to believe that:
107+(A) the adult has a mental illness; and
104108 50
105-(A) the adult has a mental illness; and
109+(B) because of the adult's mental illness and conduct, the adult poses a substantial
106110 51
107-(B) because of the adult's mental illness and conduct, the adult poses a substantial
111+danger to self or others; and
108112 52
109-danger to self or others; and
113+(ii) completing a temporary commitment application that:
110114 53
111-(ii) completing a temporary commitment application that:
115+(A) is on a form prescribed by the division;
112116 54
113-(A) is on a form prescribed by the division;
117+(B) states the peace officer's or mental health officer's belief that the adult poses a
114118 55
115-(B) states the peace officer's or mental health officer's belief that the adult poses a
119+substantial danger to self or others;
116120 56
121+(C) states the specific nature of the danger;
122+57
123+(D) provides a summary of the observations upon which the statement of danger is
124+58
125+based; and
126+59
127+(E) provides a statement of the facts that called the adult to the peace officer's or
128+60
129+mental health officer's attention.
130+61
131+(2) If at any time a patient committed under this section no longer meets the commitment
132+- 2 - 01-24 14:27 1st Sub. (Buff) H.B. 56
133+62
134+criteria described in Subsection (1), [the local mental health authority or ]the local
135+63
136+mental health authority's designee shall:
137+64
138+(a) document the change and release the patient; and
139+65
140+(b) if the patient was admitted under Subsection (1)(b), notify the [peace officer or
141+66
142+mental health officer of the patient's release] local mental health authority of the
143+67
144+patient's release if deemed appropriate by a licensed health care provider or if the
145+68
146+patient consents to the information being shared.
147+69
148+(3) A patient committed under this section may be held for a maximum of 72 hours after
149+70
150+commitment, excluding Saturdays, Sundays, and [legal] state holidays, unless:
151+71
152+(a) as described in Section 26B-5-332, an application for involuntary commitment is
153+72
154+commenced, which may be accompanied by an order of detention described in
155+73
156+Subsection 26B-5-332(4); or
157+74
158+(b) the patient makes a voluntary application for admission.
159+75
160+(4) Upon a written application described in Subsection (1)(a) or the observation and belief
161+76
162+described in Subsection (1)(b)(i), the adult shall be:
163+77
164+(a) taken into a peace officer's protective custody, by reasonable means, if necessary for
165+78
166+public safety; and
167+79
168+(b) transported for temporary commitment to a facility designated by the local mental
169+80
170+health authority, by means of:
171+81
172+(i) an ambulance, if the adult meets any of the criteria described in Section 26B-4-119;
173+82
174+(ii) an ambulance, if a peace officer is not necessary for public safety, and
175+83
176+transportation arrangements are made by a physician, physician assistant, nurse
177+84
178+practitioner, designated examiner, or mental health officer;
179+85
180+(iii) the city, town, or municipal law enforcement authority with jurisdiction over the
181+86
182+location where the adult is present, if the adult is not transported by ambulance;
183+87
184+(iv) the county sheriff, if the designated facility is outside of the jurisdiction of the
185+88
186+law enforcement authority described in Subsection (4)(b)(iii) and the adult is not
187+89
188+transported by ambulance; or
189+90
190+(v) nonemergency secured behavioral health transport as that term is defined in
191+91
192+Section 53-2d-101.
193+92
194+(5) Notwithstanding Subsection (4):
195+93
196+(a) an individual shall be transported by ambulance to an appropriate medical facility for
197+94
198+treatment if the individual requires physical medical attention;
199+95
200+(b) if an officer has probable cause to believe, based on the officer's experience and
201+- 3 - 1st Sub. (Buff) H.B. 56 01-24 14:27
202+96
203+de-escalation training that taking an individual into protective custody or transporting
204+97
205+an individual for temporary commitment would increase the risk of substantial
206+98
207+danger to the individual or others, a peace officer may exercise discretion to not take
208+99
209+the individual into custody or transport the individual, as permitted by policies and
210+100
211+procedures established by the officer's law enforcement agency and any applicable
212+101
213+federal or state statute, or case law; and
214+102
215+(c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
216+103
217+into protective custody or transport an individual, the officer shall document in the
218+104
219+officer's report the details and circumstances that led to the officer's decision.
220+105
221+(6)(a) The local mental health authority shall inform an adult patient committed under
222+106
223+this section of the reason for commitment.
224+107
225+(b) An adult patient committed under this section has the right to:
226+108
227+(i) within three hours after arrival at the local mental health authority, make a
228+109
229+telephone call, at the expense of the local mental health authority, to an individual
230+110
231+of the patient's choice; and
232+111
233+(ii) see and communicate with an attorney.
234+112
235+(7)(a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
236+113
237+(b) This section does not create a special duty of care.
238+114
239+(8)(a) A local mental health authority or the local mental health authority's designee
240+115
241+shall provide discharge instructions to each individual committed under this section
242+116
243+at or before the time the individual is discharged from the local mental health
244+117
245+authority's custody, regardless of whether the individual is discharged by being
246+118
247+released, taken into a peace officer's protective custody, transported to a medical
248+119
249+facility or other facility, or other circumstances.
250+120
251+(b) Discharge instructions provided under Subsection (8)(a) shall include:
252+121
253+[(i) a summary of why the individual was committed to the local mental health
254+122
255+authority;]
256+123
257+[(ii) detailed information about why the individual is being discharged from the local
258+124
259+mental health authority's custody;]
260+125
261+[(iii)] (i) a safety plan for the individual based on the individual's mental illness or
262+126
263+mental or emotional state, if applicable;
264+127
265+[(iv)] (ii) notification to the individual's primary care provider, if applicable;
266+128
267+[(v)] (iii) if the individual is discharged without food, housing, or economic security, a
268+129
269+referral to appropriate services, if such services exist in the individual's
270+- 4 - 01-24 14:27 1st Sub. (Buff) H.B. 56
271+130
272+community;
273+131
274+[(vi)] (iv) the phone number to call or text for a crisis services hotline, and
275+132
276+information about the availability of peer support services;
277+133
278+[(vii)] (v) a copy of any psychiatric advance directive[ presented to the local mental
279+134
280+health authority], if applicable;
281+135
282+[(viii)] (vi) information about how to establish a psychiatric advance directive if one [
283+136
284+was not presented to the local mental health authority] has not been completed;
285+137
286+[(ix)] (vii) as applicable, information about medications that were changed or
287+138
288+discontinued during the commitment;
289+139
290+[(x) a list of any screening or diagnostic tests conducted during the commitment;]
291+140
292+[(xi) a summary of therapeutic treatments provided during the commitment;]
293+141
294+[(xii) any laboratory work, including blood samples or imaging, that was completed
295+142
296+or attempted during the commitment; and]
297+143
298+[(xiii)] (viii) information about how to contact the local mental health authority if
299+144
300+needed[.] ; and
301+145
302+(ix) information about how to request a copy of the individual's medical record and
303+146
304+how to access the electronic patient portal for the individual's medical record.
305+147
306+(c) If an individual's medications were changed, or if an individual was prescribed new
307+148
308+medications while committed under this section, discharge instructions provided
309+149
310+under Subsection (8)(a) shall include a clinically appropriate supply of medications,
311+150
312+as determined by a licensed health care provider, to allow the individual time to
313+151
314+access another health care provider or follow-up appointment.
315+152
316+(d) Discharge instructions shall be provided in paper or electronic format based on the
317+153
318+individual's preference.
319+154
320+[(d)] (e) If an individual refuses to accept discharge instructions, the local mental health
321+155
322+authority or the local mental health authority's designee shall document the refusal in
323+156
324+the individual's medical record.
325+157
326+[(e)] (f) If an individual's discharge instructions include referrals to services under
327+158
328+Subsection [(8)(b)(v)] (8)(b)(iii), the local mental health authority or the local mental
329+159
330+health authority's designee shall document those referrals in the individual's medical
331+160
332+record.
333+161
334+[(f)] (g) The local mental health authority shall attempt to follow up with a discharged
335+162
336+individual at least 48 hours after discharge, when appropriate, and may use peer
337+163
338+support professionals when performing follow-up care or developing a continuing
339+- 5 - 1st Sub. (Buff) H.B. 56 01-24 14:27
340+164
341+care plan.
342+165
343+Section 2. Section 26B-5-332 is amended to read:
344+166
345+26B-5-332 . Involuntary commitment under court order -- Examination --
346+167
347+Hearing -- Power of court -- Findings required -- Costs.
348+168
349+(1) A responsible individual who has credible knowledge of an adult's mental illness and
350+169
351+the condition or circumstances that have led to the adult's need to be involuntarily
352+170
353+committed may initiate an involuntary commitment court proceeding by filing, in the
354+171
355+court in the county where the proposed patient resides or is found, a written application
356+172
357+that includes:
358+173
359+(a) unless the court finds that the information is not reasonably available, the proposed
360+174
361+patient's:
362+175
363+(i) name;
364+176
365+(ii) date of birth; and
366+177
367+(iii) social security number;
368+178
369+(b)(i) a certificate of a licensed physician or a designated examiner stating that within
370+179
371+the seven-day period immediately preceding the certification, the physician or
372+180
373+designated examiner examined the proposed patient and is of the opinion that the
374+181
375+proposed patient has a mental illness and should be involuntarily committed; or
376+182
377+(ii) a written statement by the applicant that:
378+183
379+(A) the proposed patient has been requested to, but has refused to, submit to an
380+184
381+examination of mental condition by a licensed physician or designated
382+185
383+examiner;
384+186
385+(B) is sworn to under oath; and
386+187
387+(C) states the facts upon which the application is based; and
388+188
389+(c) a statement whether the proposed patient has previously been under an assisted
390+189
391+outpatient treatment order, if known by the applicant.
392+190
393+(2) Before issuing a judicial order, the court:
394+191
395+(a) shall require the applicant to consult with the appropriate local mental health
396+192
397+authority at or before the hearing; and
398+193
399+(b) may direct a mental health professional from the local mental health authority to
400+194
401+interview the applicant and the proposed patient to determine the existing facts and
402+195
403+report the existing facts to the court.
404+196
405+(3) The court may issue an order, directed to a mental health officer or peace officer, to
406+197
407+immediately place a proposed patient in the custody of a local mental health authority or
408+- 6 - 01-24 14:27 1st Sub. (Buff) H.B. 56
409+198
410+in a temporary emergency facility, as described in Section 26B-5-334, to be detained for
411+199
412+the purpose of examination if:
413+200
414+(a) the court finds from the application, any other statements under oath, or any reports
415+201
416+from a mental health professional that there is a reasonable basis to believe that the
417+202
418+proposed patient has a mental illness that poses a danger to self or others and requires
419+203
420+involuntary commitment pending examination and hearing; or
421+204
422+(b) the proposed patient refuses to submit to an interview with a mental health
423+205
424+professional as directed by the court or to go to a treatment facility voluntarily.
425+206
426+(4)(a) The court shall provide notice of commencement of proceedings for involuntary
427+207
428+commitment, setting forth the allegations of the application and any reported facts,
429+208
430+together with a copy of any official order of detention, to a proposed patient before,
431+209
432+or upon, placement of the proposed patient in the custody of a local mental health
433+210
434+authority or, with respect to any proposed patient presently in the custody of a local
435+211
436+mental health authority whose status is being changed from voluntary to involuntary,
437+212
438+upon the filing of an application for that purpose with the court.
439+213
440+(b) The place of detention shall maintain a copy of the order of detention.
441+214
442+(5)(a) The court shall provide notice of commencement of proceedings for involuntary
443+215
444+commitment as soon as practicable to the applicant, any legal guardian, any
445+216
446+immediate adult family members, legal counsel for the parties involved, the local
447+217
448+mental health authority or the local mental health authority's designee, and any other
449+218
450+persons whom the proposed patient or the court designates.
451+219
452+(b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
453+220
454+advise the persons that a hearing may be held within the time provided by law.
455+221
456+(c) If the proposed patient refuses to permit release of information necessary for
457+222
458+provisions of notice under this subsection, the court shall determine the extent of
459+223
460+notice.
461+224
462+(6) Proceedings for commitment of an individual under 18 years old to a local mental health
463+225
464+authority may be commenced in accordance with Part 4, Commitment of Persons Under
465+226
466+Age 18.
467+227
468+(7)(a) The court may, in the court's discretion, transfer the case to any other district court
469+228
470+within this state, if the transfer will not be adverse to the interest of the proposed
471+229
472+patient.
473+230
474+(b) If a case is transferred under Subsection (7)(a), the parties to the case may be
475+231
476+transferred and the local mental health authority may be substituted in accordance
477+- 7 - 1st Sub. (Buff) H.B. 56 01-24 14:27
478+232
479+with Utah Rules of Civil Procedure, Rule 25.
480+233
481+(8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a
482+234
483+judicial order, or after commitment of a proposed patient to a local mental health
484+235
485+authority or the local mental health authority's designee under court order for detention
486+236
487+or examination, the court shall appoint two designated examiners:
488+237
489+(a) who did not sign the civil commitment application nor the civil commitment
490+238
491+certification under Subsection (1);
492+239
493+(b) one of whom is:
494+240
495+(i) a licensed physician; or
496+241
497+(ii) a psychiatric mental health nurse practitioner or a psychiatric mental health
498+242
499+clinical nurse specialist who:
500+243
501+(A) is nationally certified;
502+244
503+(B) is doctorally trained; and
504+245
505+(C) has at least two years of inpatient mental health experience, regardless of the
506+246
507+license the individual held at the time of that experience; and
508+247
509+(c) one of whom may be designated by the proposed patient or the proposed patient's
510+248
511+counsel, if that designated examiner is reasonably available.
512+249
513+(9) The court shall schedule a hearing to be held within 10 calendar days after the day on
514+250
515+which the designated examiners are appointed.
516+251
517+(10)(a) The designated examiners shall:
518+252
519+(i) conduct the examinations separately;
520+253
521+(ii) conduct the examinations at the home of the proposed patient, at a hospital or
522+254
523+other medical facility, or at any other suitable place, including through telehealth,
524+255
525+that is not likely to have a harmful effect on the proposed patient's health;
526+256
527+(iii) inform the proposed patient, if not represented by an attorney:
528+257
529+(A) that the proposed patient does not have to say anything;
530+258
531+(B) of the nature and reasons for the examination;
532+259
533+(C) that the examination was ordered by the court;
534+260
535+(D) that any information volunteered could form part of the basis for the proposed
536+261
537+patient's involuntary commitment;
538+262
539+(E) that findings resulting from the examination will be made available to the
540+263
541+court; and
542+264
543+(F) that the designated examiner may, under court order, obtain the proposed
544+265
545+patient's mental health records; and
546+- 8 - 01-24 14:27 1st Sub. (Buff) H.B. 56
547+266
548+(iv) within 24 hours of examining the proposed patient, report to the court, orally or
549+267
550+in writing, whether the proposed patient is mentally ill, has agreed to voluntary
551+268
552+commitment, as described in Section 26B-5-360, or has acceptable programs
553+269
554+available to the proposed patient without court proceedings.
555+270
556+(b) If a designated examiner reports orally under Subsection (10)(a), the designated
557+271
558+examiner shall immediately send a written report to the clerk of the court.
559+272
560+(11) If a designated examiner is unable to complete an examination on the first attempt
561+273
562+because the proposed patient refuses to submit to the examination, the court shall fix a
563+274
564+reasonable compensation to be paid to the examiner.
565+275
566+(12) If the local mental health authority, the local mental health authority's designee, or a
567+276
568+medical examiner determines before the court hearing that the conditions justifying the
569+277
570+findings leading to a commitment hearing no longer exist, the local mental health
571+278
572+authority, the local mental health authority's designee, or the medical examiner shall
573+279
574+immediately report the determination to the court.
575+280
576+(13) The court may terminate the proceedings and dismiss the application at any time,
577+281
578+including before the hearing, if the designated examiners or the local mental health
579+282
580+authority or the local mental health authority's designee informs the court that the
581+283
582+proposed patient:
583+284
584+(a) does not meet the criteria in Subsection (16);
585+285
586+(b) has agreed to voluntary commitment, as described in Section 26B-5-360;
587+286
588+(c) has acceptable options for treatment programs that are available without court
589+287
590+proceedings; or
591+288
592+(d) meets the criteria for assisted outpatient treatment described in Section 26B-5-351.
593+289
594+(14)(a) Before the hearing, the court shall provide the proposed patient an opportunity to
595+290
596+be represented by counsel, and if neither the proposed patient nor others provide
597+291
598+counsel, the court shall appoint counsel and allow counsel sufficient time to consult
599+292
600+with the proposed patient before the hearing.
601+293
602+(b) In the case of an indigent proposed patient, the county in which the proposed patient
603+294
604+resides or is found shall make payment of reasonable attorney fees for counsel, as
605+295
606+determined by the court.
607+296
608+(15)(a)(i) The court shall afford the proposed patient, the applicant, and any other
609+297
610+person to whom notice is required to be given an opportunity to appear at the
611+298
612+hearing, to testify, and to present and cross-examine witnesses.
613+299
614+(ii) The court may, in the court's discretion, receive the testimony of any other person.
615+- 9 - 1st Sub. (Buff) H.B. 56 01-24 14:27
616+300
617+(iii) The court may allow a waiver of the proposed patient's right to appear for good
618+301
619+cause, which cause shall be set forth in the record, or an informed waiver by the
620+302
621+patient, which shall be included in the record.
622+303
623+(b) The court is authorized to exclude any person not necessary for the conduct of the
624+304
625+proceedings and may, upon motion of counsel, require the testimony of each
626+305
627+designated examiner to be given out of the presence of any other designated
628+306
629+examiners.
630+307
631+(c) The court shall conduct the hearing in as informal a manner as may be consistent
632+308
633+with orderly procedure, and in a physical setting that is not likely to have a harmful
634+309
635+effect on the mental health of the proposed patient, while preserving the due process
636+310
637+rights of the proposed patient.
638+311
639+(d) The court shall consider any relevant historical and material information that is
640+312
641+offered, subject to the rules of evidence, including reliable hearsay under Utah Rules
642+313
643+of Evidence, Rule 1102.
644+314
645+(e)(i) A local mental health authority or the local mental health authority's designee
646+315
647+or the physician in charge of the proposed patient's care shall, at the time of the
648+316
649+hearing, provide the court with the following information:
650+317
651+(A) the detention order;
652+318
653+(B) admission notes;
654+319
655+(C) the diagnosis;
656+320
657+(D) any doctors' orders;
658+321
659+(E) progress notes;
660+322
661+(F) nursing notes;
662+323
663+(G) medication records pertaining to the current commitment; and
664+324
665+(H) whether the proposed patient has previously been civilly committed or under
666+325
667+an order for assisted outpatient treatment.
668+326
669+(ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
670+327
671+proposed patient's counsel at the time of the hearing, and at any time prior to the
672+328
673+hearing upon request.
674+329
675+(16)(a) The court shall order commitment of an adult proposed patient to a local mental
676+330
677+health authority if, upon completion of the hearing and consideration of the
678+331
679+information presented, the court finds by clear and convincing evidence that:
680+332
681+(i)(A) the proposed patient has a mental illness;
682+333
683+(B) because of the proposed patient's mental illness the proposed patient poses a
684+- 10 - 01-24 14:27 1st Sub. (Buff) H.B. 56
685+334
117686 substantial danger to self or others;
118-57
119-(C) states the specific nature of the danger;
120-58
121-(D) provides a summary of the observations upon which the statement of danger is
122-59
123-based; and
124-60
125-(E) provides a statement of the facts that called the adult to the peace officer's or
126-61
127-mental health officer's attention.
128-- 2 - Enrolled Copy H.B. 56
129-62
130-(2) If at any time a patient committed under this section no longer meets the commitment
131-63
132-criteria described in Subsection (1), [the local mental health authority or ]the local
133-64
134-mental health authority's designee shall:
135-65
136-(a) document the change and release the patient; and
137-66
138-(b) if the patient was admitted under Subsection (1)(b), notify the [peace officer or
139-67
140-mental health officer of the patient's release] local mental health authority of the
141-68
142-patient's release if deemed appropriate by a licensed health care provider or if the
143-69
144-patient consents to the information being shared.
145-70
146-(3) A patient committed under this section may be held for a maximum of 72 hours after
147-71
148-commitment, excluding Saturdays, Sundays, and [legal] state holidays, unless:
149-72
150-(a) as described in Section 26B-5-332, an application for involuntary commitment is
151-73
152-commenced, which may be accompanied by an order of detention described in
153-74
154-Subsection 26B-5-332(4); or
155-75
156-(b) the patient makes a voluntary application for admission.
157-76
158-(4) Upon a written application described in Subsection (1)(a) or the observation and belief
159-77
160-described in Subsection (1)(b)(i), the adult shall be:
161-78
162-(a) taken into a peace officer's protective custody, by reasonable means, if necessary for
163-79
164-public safety; and
165-80
166-(b) transported for temporary commitment to a facility designated by the local mental
167-81
168-health authority, by means of:
169-82
170-(i) an ambulance, if the adult meets any of the criteria described in Section 26B-4-119;
171-83
172-(ii) an ambulance, if a peace officer is not necessary for public safety, and
173-84
174-transportation arrangements are made by a physician, physician assistant, nurse
175-85
176-practitioner, designated examiner, or mental health officer;
177-86
178-(iii) the city, town, or municipal law enforcement authority with jurisdiction over the
179-87
180-location where the adult is present, if the adult is not transported by ambulance;
181-88
182-(iv) the county sheriff, if the designated facility is outside of the jurisdiction of the
183-89
184-law enforcement authority described in Subsection (4)(b)(iii) and the adult is not
185-90
186-transported by ambulance; or
187-91
188-(v) nonemergency secured behavioral health transport as that term is defined in
189-92
190-Section 53-2d-101.
191-93
192-(5) Notwithstanding Subsection (4):
193-94
194-(a) an individual shall be transported by ambulance to an appropriate medical facility for
195-95
196-treatment if the individual requires physical medical attention;
197-- 3 - H.B. 56 Enrolled Copy
198-96
199-(b) if an officer has probable cause to believe, based on the officer's experience and
200-97
201-de-escalation training that taking an individual into protective custody or transporting
202-98
203-an individual for temporary commitment would increase the risk of substantial
204-99
205-danger to the individual or others, a peace officer may exercise discretion to not take
206-100
207-the individual into custody or transport the individual, as permitted by policies and
208-101
209-procedures established by the officer's law enforcement agency and any applicable
210-102
211-federal or state statute, or case law; and
212-103
213-(c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
214-104
215-into protective custody or transport an individual, the officer shall document in the
216-105
217-officer's report the details and circumstances that led to the officer's decision.
218-106
219-(6)(a) The local mental health authority shall inform an adult patient committed under
220-107
221-this section of the reason for commitment.
222-108
223-(b) An adult patient committed under this section has the right to:
224-109
225-(i) within three hours after arrival at the local mental health authority, make a
226-110
227-telephone call, at the expense of the local mental health authority, to an individual
228-111
229-of the patient's choice; and
230-112
231-(ii) see and communicate with an attorney.
232-113
233-(7)(a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
234-114
235-(b) This section does not create a special duty of care.
236-115
237-(8)(a) A local mental health authority or the local mental health authority's designee
238-116
687+335
688+(C) the proposed patient lacks the ability to engage in a rational decision-making
689+336
690+process regarding the acceptance of mental treatment as demonstrated by
691+337
692+evidence of inability to weigh the possible risks of accepting or rejecting
693+338
694+treatment;
695+339
696+(D) there is no appropriate less-restrictive alternative to a court order of
697+340
698+commitment; and
699+341
700+(E) the local mental health authority can provide the proposed patient with
701+342
702+treatment that is adequate and appropriate to the proposed patient's conditions
703+343
704+and needs; or
705+344
706+(ii)(A) the proposed patient has been charged with a criminal offense;
707+345
708+(B) with respect to the charged offense, the proposed patient is found incompetent
709+346
710+to proceed as a result of a mental illness;
711+347
712+(C) the proposed patient has a mental illness;
713+348
714+(D) the proposed patient has a persistent unawareness of their mental illness and
715+349
716+the negative consequences of that illness, or within the preceding six months
717+350
718+has been requested or ordered to undergo mental health treatment but has
719+351
720+unreasonably refused to undergo that treatment;
721+352
722+(E) there is no appropriate less-restrictive alternative to a court order of
723+353
724+commitment; and
725+354
726+(F) the local mental health authority can provide the proposed patient with
727+355
728+treatment that is adequate and appropriate to the proposed patient's conditions
729+356
730+and needs.
731+357
732+(b)(i) If, at the hearing, the court determines that the proposed patient has a mental
733+358
734+illness but does not meet the other criteria described in Subsection (16)(a), the
735+359
736+court may consider whether the proposed patient meets the criteria for assisted
737+360
738+outpatient treatment under Section 26B-5-351.
739+361
740+(ii) The court may order the proposed patient to receive assisted outpatient treatment
741+362
742+in accordance with Section 26B-5-351 if, at the hearing, the court finds the
743+363
744+proposed patient meets the criteria for assisted outpatient treatment under Section
745+364
746+26B-5-351.
747+365
748+(iii) If the court determines that neither the criteria for commitment under Subsection
749+366
750+(16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351
751+367
752+are met, the court shall dismiss the proceedings after the hearing.
753+- 11 - 1st Sub. (Buff) H.B. 56 01-24 14:27
754+368
755+(17)(a)(i) The order of commitment shall designate the period for which the patient
756+369
757+shall be treated.
758+370
759+(ii) If the patient is not under an order of commitment at the time of the hearing, the
760+371
761+patient's treatment period may not exceed six months without a review hearing.
762+372
763+(iii) Upon a review hearing, to be commenced before the expiration of the previous
764+373
765+order of commitment, an order for commitment may be for an indeterminate
766+374
767+period, if the court finds by clear and convincing evidence that the criteria
768+375
769+described in Subsection (16) will last for an indeterminate period.
770+376
771+(b)(i) The court shall maintain a current list of all patients under the court's order of
772+377
773+commitment and review the list to determine those patients who have been under
774+378
775+an order of commitment for the court designated period.
776+379
777+(ii) At least two weeks before the expiration of the designated period of any order of
778+380
779+commitment still in effect, the court that entered the original order of commitment
780+381
781+shall inform the appropriate local mental health authority or the local mental
782+382
783+health authority's designee of the expiration.
784+383
785+(iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
786+384
787+mental health authority or the local mental health authority's designee shall
788+385
789+immediately reexamine the reasons upon which the order of commitment was
790+386
791+based.
792+387
793+(iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
794+388
795+authority or the local mental health authority's designee determines that the
796+389
797+conditions justifying commitment no longer exist, the local mental health
798+390
799+authority or the local mental health authority's designee shall discharge the patient
800+391
801+from involuntary commitment and immediately report the discharge to the court.
802+392
803+(v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
804+393
805+authority or the local mental health authority's designee determines that the
806+394
807+conditions justifying commitment continue to exist, the court shall immediately
808+395
809+appoint two designated examiners and proceed under Subsections (8) through (14).
810+396
811+(c)(i) The local mental health authority or the local mental health authority's designee
812+397
813+responsible for the care of a patient under an order of commitment for an
814+398
815+indeterminate period shall, at six-month intervals, reexamine the reasons upon
816+399
817+which the order of indeterminate commitment was based.
818+400
819+(ii) If the local mental health authority or the local mental health authority's designee
820+401
821+determines that the conditions justifying commitment no longer exist, the local
822+- 12 - 01-24 14:27 1st Sub. (Buff) H.B. 56
823+402
824+mental health authority or the local mental health authority's designee shall
825+403
826+discharge the patient from the local mental health authority's or the local mental
827+404
828+health authority designee's custody and immediately report the discharge to the
829+405
830+court.
831+406
832+(iii) If the local mental health authority or the local mental health authority's designee
833+407
834+determines that the conditions justifying commitment continue to exist, the local
835+408
836+mental health authority or the local mental health authority's designee shall send a
837+409
838+written report of the findings to the court.
839+410
840+(iv) A patient and the patient's counsel of record shall be notified in writing that the
841+411
842+involuntary commitment will be continued under Subsection (17)(c)(iii), the
843+412
844+reasons for the decision to continue, and that the patient has the right to a review
845+413
846+hearing by making a request to the court.
847+414
848+(v) Upon receiving a request under Subsection (17)(c)(iv), the court shall
849+415
850+immediately appoint two designated examiners and proceed under Subsections (8)
851+416
852+through (14).
853+417
854+(18)(a) Any patient committed as a result of an original hearing or a patient's legally
855+418
856+designated representative who is aggrieved by the findings, conclusions, and order of
857+419
858+the court entered in the original hearing has the right to a new hearing upon a petition
859+420
860+filed with the court within 30 days after the day on which the court order is entered.
861+421
862+(b) The petition shall allege error or mistake in the findings, in which case the court shall
863+422
864+appoint three impartial designated examiners previously unrelated to the case to
865+423
866+conduct an additional examination of the patient.
867+424
868+(c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
869+425
870+conduct the new hearing in the manner otherwise permitted.
871+426
872+(19) The county in which the proposed patient resides or is found shall pay the costs of all
873+427
874+proceedings under this section.
875+428
876+(20)(a) A local mental health authority or the local mental health authority's designee
877+429
239878 shall provide discharge instructions to each individual committed under this section
240-117
879+430
241880 at or before the time the individual is discharged from the local mental health
242-118
243-authority's custody, regardless of whether the individual is discharged by being
244-119
245-released, taken into a peace officer's protective custody, transported to a medical
246-120
247-facility or other facility, or other circumstances.
248-121
249-(b) Discharge instructions provided under Subsection (8)(a) shall include:
250-122
881+431
882+authority's custody, regardless of the circumstances under which the individual is
883+432
884+discharged.
885+433
886+(b) Discharge instructions provided under Subsection (20)(a) shall include:
887+434
251888 [(i) a summary of why the individual was committed to the local mental health
252-123
889+435
253890 authority;]
254-124
891+- 13 - 1st Sub. (Buff) H.B. 56 01-24 14:27
892+436
255893 [(ii) detailed information about why the individual is being discharged from the local
256-125
894+437
257895 mental health authority's custody;]
258-126
896+438
259897 [(iii)] (i) a safety plan for the individual based on the individual's mental illness or
260-127
898+439
261899 mental or emotional state, if applicable;
262-128
900+440
263901 [(iv)] (ii) notification to the individual's primary care provider, if applicable;
264-129
902+441
265903 [(v)] (iii) if the individual is discharged without food, housing, or economic security, a
266-- 4 - Enrolled Copy H.B. 56
267-130
904+442
268905 referral to appropriate services, if such services exist in the individual's
269-131
906+443
270907 community;
271-132
908+444
272909 [(vi)] (iv) the phone number to call or text for a crisis services hotline, and
273-133
910+445
274911 information about the availability of peer support services;
275-134
912+446
276913 [(vii)] (v) a copy of any psychiatric advance directive[ presented to the local mental
277-135
914+447
278915 health authority], if applicable;
279-136
916+448
280917 [(viii)] (vi) information about how to establish a psychiatric advance directive if one [
281-137
918+449
282919 was not presented to the local mental health authority] has not been completed;
283-138
920+450
284921 [(ix)] (vii) as applicable, information about medications that were changed or
285-139
922+451
286923 discontinued during the commitment;
287-140
924+452
288925 [(x) a list of any screening or diagnostic tests conducted during the commitment;]
289-141
926+453
290927 [(xi) a summary of therapeutic treatments provided during the commitment;]
291-142
928+454
292929 [(xii) any laboratory work, including blood samples or imaging, that was completed
293-143
930+455
294931 or attempted during the commitment; and]
295-144
296-[(xiii)] (viii) information about how to contact the local mental health authority if
297-145
298-needed[.] ; and
299-146
932+456
933+[(xiii)] (viii) information about how to contact the local mental health authority [if
934+457
935+needed] or established provider as appropriate; and
936+458
300937 (ix) information about how to request a copy of the individual's medical record and
301-147
938+459
302939 how to access the electronic patient portal for the individual's medical record.
303-148
940+460
304941 (c) If an individual's medications were changed, or if an individual was prescribed new
305-149
942+461
306943 medications while committed under this section, discharge instructions provided
307-150
308-under Subsection (8)(a) shall include a clinically appropriate supply of medications,
309-151
944+462
945+under Subsection (20)(a) shall include a clinically appropriate supply of medications,
946+463
310947 as determined by a licensed health care provider, to allow the individual time to
311-152
948+464
312949 access another health care provider or follow-up appointment.
313-153
950+465
314951 (d) Discharge instructions shall be provided in paper or electronic format based on the
315-154
952+466
316953 individual's preference.
317-155
954+467
318955 [(d)] (e) If an individual refuses to accept discharge instructions, the local mental health
319-156
320-authority or the local mental health authority's designee shall document the refusal in
321-157
322-the individual's medical record.
323-158
956+468
957+authority shall document the refusal in the individual's medical record.
958+469
324959 [(e)] (f) If an individual's discharge instructions include referrals to services under
325-159
326-Subsection [(8)(b)(v)] (8)(b)(iii), the local mental health authority or the local mental
327-160
328-health authority's designee shall document those referrals in the individual's medical
329-161
330-record.
331-162
960+- 14 - 01-24 14:27 1st Sub. (Buff) H.B. 56
961+470
962+Subsection [(20)(b)(v)] (20)(b)(iii), the local mental health authority shall document
963+471
964+those referrals in the individual's medical record.
965+472
332966 [(f)] (g) The local mental health authority shall attempt to follow up with a discharged
333-163
967+473
334968 individual at least 48 hours after discharge, when appropriate, and may use peer
335-- 5 - H.B. 56 Enrolled Copy
336-164
969+474
337970 support professionals when performing follow-up care or developing a continuing
338-165
971+475
339972 care plan.
340-166
341-Section 2. Section 26B-5-332 is amended to read:
342-167
343-26B-5-332 . Involuntary commitment under court order -- Examination --
344-168
345-Hearing -- Power of court -- Findings required -- Costs.
346-169
347-(1) A responsible individual who has credible knowledge of an adult's mental illness and
348-170
349-the condition or circumstances that have led to the adult's need to be involuntarily
350-171
351-committed may initiate an involuntary commitment court proceeding by filing, in the
352-172
353-court in the county where the proposed patient resides or is found, a written application
354-173
355-that includes:
356-174
357-(a) unless the court finds that the information is not reasonably available, the proposed
358-175
359-patient's:
360-176
361-(i) name;
362-177
363-(ii) date of birth; and
364-178
365-(iii) social security number;
366-179
367-(b)(i) a certificate of a licensed physician or a designated examiner stating that within
368-180
369-the seven-day period immediately preceding the certification, the physician or
370-181
371-designated examiner examined the proposed patient and is of the opinion that the
372-182
373-proposed patient has a mental illness and should be involuntarily committed; or
374-183
375-(ii) a written statement by the applicant that:
376-184
377-(A) the proposed patient has been requested to, but has refused to, submit to an
378-185
379-examination of mental condition by a licensed physician or designated
380-186
381-examiner;
382-187
383-(B) is sworn to under oath; and
384-188
385-(C) states the facts upon which the application is based; and
386-189
387-(c) a statement whether the proposed patient has previously been under an assisted
388-190
389-outpatient treatment order, if known by the applicant.
390-191
391-(2) Before issuing a judicial order, the court:
392-192
393-(a) shall require the applicant to consult with the appropriate local mental health
394-193
395-authority at or before the hearing; and
396-194
397-(b) may direct a mental health professional from the local mental health authority to
398-195
399-interview the applicant and the proposed patient to determine the existing facts and
400-196
401-report the existing facts to the court.
402-197
403-(3) The court may issue an order, directed to a mental health officer or peace officer, to
404-- 6 - Enrolled Copy H.B. 56
405-198
406-immediately place a proposed patient in the custody of a local mental health authority or
407-199
408-in a temporary emergency facility, as described in Section 26B-5-334, to be detained for
409-200
410-the purpose of examination if:
411-201
412-(a) the court finds from the application, any other statements under oath, or any reports
413-202
414-from a mental health professional that there is a reasonable basis to believe that the
415-203
416-proposed patient has a mental illness that poses a danger to self or others and requires
417-204
418-involuntary commitment pending examination and hearing; or
419-205
420-(b) the proposed patient refuses to submit to an interview with a mental health
421-206
422-professional as directed by the court or to go to a treatment facility voluntarily.
423-207
424-(4)(a) The court shall provide notice of commencement of proceedings for involuntary
425-208
426-commitment, setting forth the allegations of the application and any reported facts,
427-209
428-together with a copy of any official order of detention, to a proposed patient before,
429-210
430-or upon, placement of the proposed patient in the custody of a local mental health
431-211
432-authority or, with respect to any proposed patient presently in the custody of a local
433-212
434-mental health authority whose status is being changed from voluntary to involuntary,
435-213
436-upon the filing of an application for that purpose with the court.
437-214
438-(b) The place of detention shall maintain a copy of the order of detention.
439-215
440-(5)(a) The court shall provide notice of commencement of proceedings for involuntary
441-216
442-commitment as soon as practicable to the applicant, any legal guardian, any
443-217
444-immediate adult family members, legal counsel for the parties involved, the local
445-218
446-mental health authority or the local mental health authority's designee, and any other
447-219
448-persons whom the proposed patient or the court designates.
449-220
450-(b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
451-221
452-advise the persons that a hearing may be held within the time provided by law.
453-222
454-(c) If the proposed patient refuses to permit release of information necessary for
455-223
456-provisions of notice under this subsection, the court shall determine the extent of
457-224
458-notice.
459-225
460-(6) Proceedings for commitment of an individual under 18 years old to a local mental health
461-226
462-authority may be commenced in accordance with Part 4, Commitment of Persons Under
463-227
464-Age 18.
465-228
466-(7)(a) The court may, in the court's discretion, transfer the case to any other district court
467-229
468-within this state, if the transfer will not be adverse to the interest of the proposed
469-230
470-patient.
471-231
472-(b) If a case is transferred under Subsection (7)(a), the parties to the case may be
473-- 7 - H.B. 56 Enrolled Copy
474-232
475-transferred and the local mental health authority may be substituted in accordance
476-233
477-with Utah Rules of Civil Procedure, Rule 25.
478-234
479-(8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance of a
480-235
481-judicial order, or after commitment of a proposed patient to a local mental health
482-236
483-authority or the local mental health authority's designee under court order for detention
484-237
485-or examination, the court shall appoint two designated examiners:
486-238
487-(a) who did not sign the civil commitment application nor the civil commitment
488-239
489-certification under Subsection (1);
490-240
491-(b) one of whom is:
492-241
493-(i) a licensed physician; or
494-242
495-(ii) a psychiatric mental health nurse practitioner or a psychiatric mental health
496-243
497-clinical nurse specialist who:
498-244
499-(A) is nationally certified;
500-245
501-(B) is doctorally trained; and
502-246
503-(C) has at least two years of inpatient mental health experience, regardless of the
504-247
505-license the individual held at the time of that experience; and
506-248
507-(c) one of whom may be designated by the proposed patient or the proposed patient's
508-249
509-counsel, if that designated examiner is reasonably available.
510-250
511-(9) The court shall schedule a hearing to be held within 10 calendar days after the day on
512-251
513-which the designated examiners are appointed.
514-252
515-(10)(a) The designated examiners shall:
516-253
517-(i) conduct the examinations separately;
518-254
519-(ii) conduct the examinations at the home of the proposed patient, at a hospital or
520-255
521-other medical facility, or at any other suitable place, including through telehealth,
522-256
523-that is not likely to have a harmful effect on the proposed patient's health;
524-257
525-(iii) inform the proposed patient, if not represented by an attorney:
526-258
527-(A) that the proposed patient does not have to say anything;
528-259
529-(B) of the nature and reasons for the examination;
530-260
531-(C) that the examination was ordered by the court;
532-261
533-(D) that any information volunteered could form part of the basis for the proposed
534-262
535-patient's involuntary commitment;
536-263
537-(E) that findings resulting from the examination will be made available to the
538-264
539-court; and
540-265
541-(F) that the designated examiner may, under court order, obtain the proposed
542-- 8 - Enrolled Copy H.B. 56
543-266
544-patient's mental health records; and
545-267
546-(iv) within 24 hours of examining the proposed patient, report to the court, orally or
547-268
548-in writing, whether the proposed patient is mentally ill, has agreed to voluntary
549-269
550-commitment, as described in Section 26B-5-360, or has acceptable programs
551-270
552-available to the proposed patient without court proceedings.
553-271
554-(b) If a designated examiner reports orally under Subsection (10)(a), the designated
555-272
556-examiner shall immediately send a written report to the clerk of the court.
557-273
558-(11) If a designated examiner is unable to complete an examination on the first attempt
559-274
560-because the proposed patient refuses to submit to the examination, the court shall fix a
561-275
562-reasonable compensation to be paid to the examiner.
563-276
564-(12) If the local mental health authority, the local mental health authority's designee, or a
565-277
566-medical examiner determines before the court hearing that the conditions justifying the
567-278
568-findings leading to a commitment hearing no longer exist, the local mental health
569-279
570-authority, the local mental health authority's designee, or the medical examiner shall
571-280
572-immediately report the determination to the court.
573-281
574-(13) The court may terminate the proceedings and dismiss the application at any time,
575-282
576-including before the hearing, if the designated examiners or the local mental health
577-283
578-authority or the local mental health authority's designee informs the court that the
579-284
580-proposed patient:
581-285
582-(a) does not meet the criteria in Subsection (16);
583-286
584-(b) has agreed to voluntary commitment, as described in Section 26B-5-360;
585-287
586-(c) has acceptable options for treatment programs that are available without court
587-288
588-proceedings; or
589-289
590-(d) meets the criteria for assisted outpatient treatment described in Section 26B-5-351.
591-290
592-(14)(a) Before the hearing, the court shall provide the proposed patient an opportunity to
593-291
594-be represented by counsel, and if neither the proposed patient nor others provide
595-292
596-counsel, the court shall appoint counsel and allow counsel sufficient time to consult
597-293
598-with the proposed patient before the hearing.
599-294
600-(b) In the case of an indigent proposed patient, the county in which the proposed patient
601-295
602-resides or is found shall make payment of reasonable attorney fees for counsel, as
603-296
604-determined by the court.
605-297
606-(15)(a)(i) The court shall afford the proposed patient, the applicant, and any other
607-298
608-person to whom notice is required to be given an opportunity to appear at the
609-299
610-hearing, to testify, and to present and cross-examine witnesses.
611-- 9 - H.B. 56 Enrolled Copy
612-300
613-(ii) The court may, in the court's discretion, receive the testimony of any other person.
614-301
615-(iii) The court may allow a waiver of the proposed patient's right to appear for good
616-302
617-cause, which cause shall be set forth in the record, or an informed waiver by the
618-303
619-patient, which shall be included in the record.
620-304
621-(b) The court is authorized to exclude any person not necessary for the conduct of the
622-305
623-proceedings and may, upon motion of counsel, require the testimony of each
624-306
625-designated examiner to be given out of the presence of any other designated
626-307
627-examiners.
628-308
629-(c) The court shall conduct the hearing in as informal a manner as may be consistent
630-309
631-with orderly procedure, and in a physical setting that is not likely to have a harmful
632-310
633-effect on the mental health of the proposed patient, while preserving the due process
634-311
635-rights of the proposed patient.
636-312
637-(d) The court shall consider any relevant historical and material information that is
638-313
639-offered, subject to the rules of evidence, including reliable hearsay under Utah Rules
640-314
641-of Evidence, Rule 1102.
642-315
643-(e)(i) A local mental health authority or the local mental health authority's designee
644-316
645-or the physician in charge of the proposed patient's care shall, at the time of the
646-317
647-hearing, provide the court with the following information:
648-318
649-(A) the detention order;
650-319
651-(B) admission notes;
652-320
653-(C) the diagnosis;
654-321
655-(D) any doctors' orders;
656-322
657-(E) progress notes;
658-323
659-(F) nursing notes;
660-324
661-(G) medication records pertaining to the current commitment; and
662-325
663-(H) whether the proposed patient has previously been civilly committed or under
664-326
665-an order for assisted outpatient treatment.
666-327
667-(ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
668-328
669-proposed patient's counsel at the time of the hearing, and at any time prior to the
670-329
671-hearing upon request.
672-330
673-(16)(a) The court shall order commitment of an adult proposed patient to a local mental
674-331
675-health authority if, upon completion of the hearing and consideration of the
676-332
677-information presented, the court finds by clear and convincing evidence that:
678-333
679-(i)(A) the proposed patient has a mental illness;
680-- 10 - Enrolled Copy H.B. 56
681-334
682-(B) because of the proposed patient's mental illness the proposed patient poses a
683-335
684-substantial danger to self or others;
685-336
686-(C) the proposed patient lacks the ability to engage in a rational decision-making
687-337
688-process regarding the acceptance of mental treatment as demonstrated by
689-338
690-evidence of inability to weigh the possible risks of accepting or rejecting
691-339
692-treatment;
693-340
694-(D) there is no appropriate less-restrictive alternative to a court order of
695-341
696-commitment; and
697-342
698-(E) the local mental health authority can provide the proposed patient with
699-343
700-treatment that is adequate and appropriate to the proposed patient's conditions
701-344
702-and needs; or
703-345
704-(ii)(A) the proposed patient has been charged with a criminal offense;
705-346
706-(B) with respect to the charged offense, the proposed patient is found incompetent
707-347
708-to proceed as a result of a mental illness;
709-348
710-(C) the proposed patient has a mental illness;
711-349
712-(D) the proposed patient has a persistent unawareness of their mental illness and
713-350
714-the negative consequences of that illness, or within the preceding six months
715-351
716-has been requested or ordered to undergo mental health treatment but has
717-352
718-unreasonably refused to undergo that treatment;
719-353
720-(E) there is no appropriate less-restrictive alternative to a court order of
721-354
722-commitment; and
723-355
724-(F) the local mental health authority can provide the proposed patient with
725-356
726-treatment that is adequate and appropriate to the proposed patient's conditions
727-357
728-and needs.
729-358
730-(b)(i) If, at the hearing, the court determines that the proposed patient has a mental
731-359
732-illness but does not meet the other criteria described in Subsection (16)(a), the
733-360
734-court may consider whether the proposed patient meets the criteria for assisted
735-361
736-outpatient treatment under Section 26B-5-351.
737-362
738-(ii) The court may order the proposed patient to receive assisted outpatient treatment
739-363
740-in accordance with Section 26B-5-351 if, at the hearing, the court finds the
741-364
742-proposed patient meets the criteria for assisted outpatient treatment under Section
743-365
744-26B-5-351.
745-366
746-(iii) If the court determines that neither the criteria for commitment under Subsection
747-367
748-(16)(a) nor the criteria for assisted outpatient treatment under Section 26B-5-351
749-- 11 - H.B. 56 Enrolled Copy
750-368
751-are met, the court shall dismiss the proceedings after the hearing.
752-369
753-(17)(a)(i) The order of commitment shall designate the period for which the patient
754-370
755-shall be treated.
756-371
757-(ii) If the patient is not under an order of commitment at the time of the hearing, the
758-372
759-patient's treatment period may not exceed six months without a review hearing.
760-373
761-(iii) Upon a review hearing, to be commenced before the expiration of the previous
762-374
763-order of commitment, an order for commitment may be for an indeterminate
764-375
765-period, if the court finds by clear and convincing evidence that the criteria
766-376
767-described in Subsection (16) will last for an indeterminate period.
768-377
769-(b)(i) The court shall maintain a current list of all patients under the court's order of
770-378
771-commitment and review the list to determine those patients who have been under
772-379
773-an order of commitment for the court designated period.
774-380
775-(ii) At least two weeks before the expiration of the designated period of any order of
776-381
777-commitment still in effect, the court that entered the original order of commitment
778-382
779-shall inform the appropriate local mental health authority or the local mental
780-383
781-health authority's designee of the expiration.
782-384
783-(iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
784-385
785-mental health authority or the local mental health authority's designee shall
786-386
787-immediately reexamine the reasons upon which the order of commitment was
788-387
789-based.
790-388
791-(iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
792-389
793-authority or the local mental health authority's designee determines that the
794-390
795-conditions justifying commitment no longer exist, the local mental health
796-391
797-authority or the local mental health authority's designee shall discharge the patient
798-392
799-from involuntary commitment and immediately report the discharge to the court.
800-393
801-(v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
802-394
803-authority or the local mental health authority's designee determines that the
804-395
805-conditions justifying commitment continue to exist, the court shall immediately
806-396
807-appoint two designated examiners and proceed under Subsections (8) through (14).
808-397
809-(c)(i) The local mental health authority or the local mental health authority's designee
810-398
811-responsible for the care of a patient under an order of commitment for an
812-399
813-indeterminate period shall, at six-month intervals, reexamine the reasons upon
814-400
815-which the order of indeterminate commitment was based.
816-401
817-(ii) If the local mental health authority or the local mental health authority's designee
818-- 12 - Enrolled Copy H.B. 56
819-402
820-determines that the conditions justifying commitment no longer exist, the local
821-403
822-mental health authority or the local mental health authority's designee shall
823-404
824-discharge the patient from the local mental health authority's or the local mental
825-405
826-health authority designee's custody and immediately report the discharge to the
827-406
973+476
974+(21) If any provision of Subsection (16)(a)(ii) or the application of any provision of
975+477
976+Subsection (16)(a)(ii) to any person or circumstance is held invalid by a court with
977+478
978+jurisdiction, the remainder of Subsection (16)(a)(ii) shall be given effect without the
979+479
980+invalid provision or application. The provisions of Subsection (16)(a)(ii) are severable.
981+480
982+Section 3. Section 26B-6-607 is amended to read:
983+481
984+26B-6-607 . Temporary emergency commitment -- Observation and evaluation.
985+482
986+(1) The director of the division or his designee may temporarily commit an individual to the
987+483
988+division and therefore, as a matter of course, to an intermediate care facility for people
989+484
990+with an intellectual disability for observation and evaluation upon:
991+485
992+(a) written application by a responsible person who has reason to know that the
993+486
994+individual is in need of commitment, stating:
995+487
996+(i) a belief that the individual has an intellectual disability and is likely to cause
997+488
998+serious injury to self or others if not immediately committed;
999+489
1000+(ii) personal knowledge of the individual's condition; and
1001+490
1002+(iii) the circumstances supporting that belief; or
1003+491
1004+(b) certification by a licensed physician or designated intellectual disability professional
1005+492
1006+stating that the physician or designated intellectual disability professional:
1007+493
1008+(i) has examined the individual within a three-day period immediately preceding the
1009+494
1010+certification; and
1011+495
1012+(ii) is of the opinion that the individual has an intellectual disability, and that because
1013+496
1014+of the individual's intellectual disability is likely to injure self or others if not
1015+497
1016+immediately committed.
1017+498
1018+(2) If the individual in need of commitment is not placed in the custody of the director or
1019+499
1020+the director's designee by the person submitting the application, the director's or the
1021+500
1022+director's designee may certify, either in writing or orally that the individual is in need of
1023+501
1024+immediate commitment to prevent injury to self or others.
1025+502
1026+(3) Upon receipt of the application required by Subsection (1)(a) and the certifications
1027+503
1028+required by Subsections (1)(b) and (2), a peace officer may take the individual named in
1029+- 15 - 1st Sub. (Buff) H.B. 56 01-24 14:27
1030+504
1031+the application and certificates into custody, and may transport the individual to a
1032+505
1033+designated intermediate care facility for people with an intellectual disability.
1034+506
1035+(4)(a) An individual committed under this section may be held for a maximum of 72
1036+507
1037+hours, excluding Saturdays, Sundays, and [legal] state holidays. At the expiration of
1038+508
1039+that time, the individual shall be released unless proceedings for involuntary
1040+509
1041+commitment have been commenced under Section 26B-6-608.
1042+510
1043+(b) After proceedings for involuntary commitment have been commenced the individual
1044+511
1045+shall be released unless an order of detention is issued in accordance with Section
1046+512
1047+26B-6-608.
1048+513
1049+(5) If an individual is committed to the division under this section on the application of any
1050+514
1051+person other than the individual's legal guardian, spouse, parent, or next of kin, the
1052+515
1053+director or his designee shall immediately give notice of the commitment to the
1054+516
1055+individual's legal guardian, spouse, parent, or next of kin, if known.
1056+517
1057+(6)(a) The division or an intermediate care facility shall provide discharge instructions to
1058+518
1059+each individual committed under this section at or before the time the individual is
1060+519
1061+discharged from the custody of the division or intermediate care facility, regardless of
1062+520
1063+whether the individual is discharged by being released or under other circumstances.
1064+521
1065+(b) Discharge instructions provided under Subsection (6)(a) shall include:
1066+522
1067+[(i) a summary of why the individual was committed;]
1068+523
1069+[(ii) detailed information about why the individual is being discharged;]
1070+524
1071+[(iii) a safety plan for the individual based on the individual's intellectual disability
1072+525
1073+and condition;]
1074+526
1075+[(iv) notification to the individual's primary care provider, if applicable;]
1076+527
1077+[(v) if the individual is discharged without food, housing, or economic security, a
1078+528
1079+referral to appropriate services, if such services exist in the individual's
1080+529
1081+community;]
1082+530
1083+[(vi)] (i) the phone number to call or text for a crisis services hotline, and information
1084+531
1085+about the availability of peer support services; and
1086+532
1087+[(vii) a copy of any advance directive presented to the local mental health authority,
1088+533
1089+if applicable;]
1090+534
1091+[(viii) information about how to establish an advance directive if one was not
1092+535
1093+presented to the division or intermediate care facility;]
1094+536
1095+[(ix) as applicable, information about medications that were changed or discontinued
1096+537
1097+during the commitment;]
1098+- 16 - 01-24 14:27 1st Sub. (Buff) H.B. 56
1099+538
1100+[(x) a list of any screening or diagnostic tests conducted during the commitment;]
1101+539
1102+[(xi) a summary of therapeutic treatments provided during the commitment;]
1103+540
1104+[(xii) any laboratory work, including blood samples or imaging, that was completed
1105+541
1106+or attempted during the commitment; and]
1107+542
1108+[(xiii)] (ii) information about how to contact the division or intermediate care facility
1109+543
1110+if needed.
1111+544
1112+[(c) If an individual's medications were changed, or if an individual was prescribed new
1113+545
1114+medications while committed under this section, discharge instructions provided
1115+546
1116+under Subsection (6)(a) shall include a clinically appropriate supply of medications,
1117+547
1118+as determined by a licensed health care provider, to allow the individual time to
1119+548
1120+access another health care provider or follow-up appointment.]
1121+549
1122+[(d) If an individual refuses to accept discharge instructions, the division or intermediate
1123+550
1124+care facility shall document the refusal in the individual's medical record.]
1125+551
1126+[(e) If an individual's discharge instructions include referrals to services under
1127+552
1128+Subsection (6)(b)(v), the division or intermediate care facility shall document those
1129+553
1130+referrals in the individual's medical record.]
1131+554
1132+[(f)] (c) The division shall attempt to follow up with a discharged individual at least 48
1133+555
1134+hours after discharge, and may use peer support professionals when performing
1135+556
1136+follow-up care or developing a continuing care plan.
1137+557
1138+Section 4. Section 26B-6-608 is amended to read:
1139+558
1140+26B-6-608 . Involuntary commitment -- Procedures -- Necessary findings --
1141+559
1142+Periodic review.
1143+560
1144+(1) Any responsible person who has reason to know that an individual is in need of
1145+561
1146+commitment, who has a belief that the individual has an intellectual disability, and who
1147+562
1148+has personal knowledge of the conditions and circumstances supporting that belief, may
1149+563
1150+commence proceedings for involuntary commitment by filing a written petition with the
1151+564
1152+district court, or if the subject of the petition is less than 18 years old with the juvenile
1153+565
1154+court, of the county in which the individual to be committed is physically located at the
1155+566
1156+time the petition is filed. The application shall be accompanied by:
1157+567
1158+(a) a certificate of a licensed physician or a designated intellectual disability
1159+568
1160+professional, stating that within a seven-day period immediately preceding the
1161+569
1162+certification, the physician or designated intellectual disability professional examined
1163+570
1164+the individual and believes that the individual has an intellectual disability and is in
1165+571
1166+need of involuntary commitment; or
1167+- 17 - 1st Sub. (Buff) H.B. 56 01-24 14:27
1168+572
1169+(b) a written statement by the petitioner that:
1170+573
1171+(i) states that the individual was requested to, but refused to, submit to an
1172+574
1173+examination for an intellectual disability by a licensed physician or designated
1174+575
1175+intellectual disability professional, and that the individual refuses to voluntarily go
1176+576
1177+to the division or an intermediate care facility for people with an intellectual
1178+577
1179+disability recommended by the division for treatment;
1180+578
1181+(ii) is under oath; and
1182+579
1183+(iii) sets forth the facts on which the statement is based.
1184+580
1185+(2) Before issuing a detention order, the court may require the petitioner to consult with
1186+581
1187+personnel at the division or at an intermediate care facility for people with an intellectual
1188+582
1189+disability and may direct a designated intellectual disability professional to interview the
1190+583
1191+petitioner and the individual to be committed, to determine the existing facts, and to
1192+584
1193+report them to the court.
1194+585
1195+(3) The court may issue a detention order and may direct a peace officer to immediately
1196+586
1197+take the individual to an intermediate care facility for people with an intellectual
1198+587
1199+disability to be detained for purposes of an examination if the court finds from the
1200+588
1201+petition, from other statements under oath, or from reports of physicians or designated
1202+589
1203+intellectual disability professionals that there is a reasonable basis to believe that the
1204+590
1205+individual to be committed:
1206+591
1207+(a) poses an immediate danger of physical injury to self or others;
1208+592
1209+(b) requires involuntary commitment pending examination and hearing;
1210+593
1211+(c) the individual was requested but refused to submit to an examination by a licensed
1212+594
1213+physician or designated intellectual disability professional; or
1214+595
1215+(d) the individual refused to voluntarily go to the division or to an intermediate care
1216+596
1217+facility for people with an intellectual disability recommended by the division.
1218+597
1219+(4)(a) If the court issues a detention order based on an application that did not include a
1220+598
1221+certification by a designated intellectual disability professional or physician in
1222+599
1223+accordance with Subsection (1)(a), the director or his designee shall within 24 hours
1224+600
1225+after issuance of the detention order, excluding Saturdays, Sundays, and legal
1226+601
1227+holidays, examine the individual, report the results of the examination to the court
1228+602
1229+and inform the court:
1230+603
1231+(i) whether the director or his designee believes that the individual has an intellectual
1232+604
1233+disability; and
1234+605
1235+(ii) whether appropriate treatment programs are available and will be used by the
1236+- 18 - 01-24 14:27 1st Sub. (Buff) H.B. 56
1237+606
1238+individual without court proceedings.
1239+607
1240+(b) If the report of the director or his designee is based on an oral report of the examiner,
1241+608
1242+the examiner shall immediately send the results of the examination in writing to the
1243+609
1244+clerk of the court.
1245+610
1246+(5) Immediately after an individual is involuntarily committed under a detention order or
1247+611
1248+under Section 26B-6-607, the director or his designee shall inform the individual, orally
1249+612
1250+and in writing, of his right to communicate with an attorney. If an individual desires to
1251+613
1252+communicate with an attorney, the director or his designee shall take immediate steps to
1253+614
1254+assist the individual in contacting and communicating with an attorney.
1255+615
1256+(6)(a) Immediately after commencement of proceedings for involuntary commitment,
1257+616
1258+the court shall give notice of commencement of the proceedings to:
1259+617
1260+(i) the individual to be committed;
1261+618
1262+(ii) the applicant;
1263+619
1264+(iii) any legal guardian of the individual;
1265+620
1266+(iv) adult members of the individual's immediate family;
1267+621
1268+(v) legal counsel of the individual to be committed, if any;
1269+622
1270+(vi) the division; and
1271+623
1272+(vii) any other person to whom the individual requests, or the court designates, notice
1273+624
1274+to be given.
1275+625
1276+(b) If an individual cannot or refuses to disclose the identity of persons to be notified,
1277+626
1278+the extent of notice shall be determined by the court.
1279+627
1280+(7) That notice shall:
1281+628
1282+(a) set forth the allegations of the petition and all supporting facts;
1283+629
1284+(b) be accompanied by a copy of any detention order issued under Subsection (3); and
1285+630
1286+(c) state that a hearing will be held within the time provided by law, and give the time
1287+631
1288+and place for that hearing.
1289+632
1290+(8) The court may transfer the case and the custody of the individual to be committed to any
1291+633
1292+other district court within the state, if:
1293+634
1294+(a) there are no appropriate facilities for persons with an intellectual disability within the
1295+635
1296+judicial district; and
1297+636
1298+(b) the transfer will not be adverse to the interests of the individual.
1299+637
1300+(9)(a) Within 24 hours, excluding Saturdays, Sundays, and [legal] state holidays, after
1301+638
1302+any order or commitment under a detention order, the court shall appoint two
1303+639
1304+designated intellectual disability professionals to examine the individual. If
1305+- 19 - 1st Sub. (Buff) H.B. 56 01-24 14:27
1306+640
1307+requested by the individual's counsel, the court shall appoint a reasonably available,
1308+641
1309+qualified person designated by counsel to be one of the examining designated
1310+642
1311+intellectual disability professionals. The examinations shall be conducted:
1312+643
1313+(i) separately;
1314+644
1315+(ii) at the home of the individual to be committed, a hospital, an intermediate care
1316+645
1317+facility for people with an intellectual disability, or any other suitable place not
1318+646
1319+likely to have a harmful effect on the individual; and
1320+647
1321+(iii) within a reasonable period of time after appointment of the examiners by the
1322+648
8281323 court.
829-407
830-(iii) If the local mental health authority or the local mental health authority's designee
831-408
832-determines that the conditions justifying commitment continue to exist, the local
833-409
834-mental health authority or the local mental health authority's designee shall send a
835-410
836-written report of the findings to the court.
837-411
838-(iv) A patient and the patient's counsel of record shall be notified in writing that the
839-412
840-involuntary commitment will be continued under Subsection (17)(c)(iii), the
841-413
842-reasons for the decision to continue, and that the patient has the right to a review
843-414
844-hearing by making a request to the court.
845-415
846-(v) Upon receiving a request under Subsection (17)(c)(iv), the court shall
847-416
848-immediately appoint two designated examiners and proceed under Subsections (8)
849-417
850-through (14).
851-418
852-(18)(a) Any patient committed as a result of an original hearing or a patient's legally
853-419
854-designated representative who is aggrieved by the findings, conclusions, and order of
855-420
856-the court entered in the original hearing has the right to a new hearing upon a petition
857-421
858-filed with the court within 30 days after the day on which the court order is entered.
859-422
860-(b) The petition shall allege error or mistake in the findings, in which case the court shall
861-423
862-appoint three impartial designated examiners previously unrelated to the case to
863-424
864-conduct an additional examination of the patient.
865-425
866-(c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
867-426
868-conduct the new hearing in the manner otherwise permitted.
869-427
870-(19) The county in which the proposed patient resides or is found shall pay the costs of all
871-428
872-proceedings under this section.
873-429
874-(20)(a) A local mental health authority or the local mental health authority's designee
875-430
876-shall provide discharge instructions to each individual committed under this section
877-431
878-at or before the time the individual is discharged from the local mental health
879-432
880-authority's custody, regardless of the circumstances under which the individual is
881-433
882-discharged.
883-434
884-(b) Discharge instructions provided under Subsection (20)(a) shall include:
885-435
886-[(i) a summary of why the individual was committed to the local mental health
887-- 13 - H.B. 56 Enrolled Copy
888-436
889-authority;]
890-437
891-[(ii) detailed information about why the individual is being discharged from the local
892-438
893-mental health authority's custody;]
894-439
895-[(iii)] (i) a safety plan for the individual based on the individual's mental illness or
896-440
897-mental or emotional state, if applicable;
898-441
899-[(iv)] (ii) notification to the individual's primary care provider, if applicable;
900-442
901-[(v)] (iii) if the individual is discharged without food, housing, or economic security, a
902-443
1324+649
1325+(b) The court shall set a time for a hearing to be held within 10 court days of the
1326+650
1327+appointment of the examiners. However, the court may immediately terminate the
1328+651
1329+proceedings and dismiss the application if, prior to the hearing date, the examiners,
1330+652
1331+the director, or his designee informs the court that:
1332+653
1333+(i) the individual does not have an intellectual disability; or
1334+654
1335+(ii) treatment programs are available and will be used by the individual without court
1336+655
1337+proceedings.
1338+656
1339+(10)(a) Each individual has the right to be represented by counsel at the commitment
1340+657
1341+hearing and in all preliminary proceedings. If neither the individual nor others
1342+658
1343+provide counsel, the court shall appoint counsel and allow sufficient time for counsel
1344+659
1345+to consult with the individual prior to any hearing.
1346+660
1347+(b) If the individual is indigent, the county in which the individual was physically
1348+661
1349+located when taken into custody shall pay reasonable attorney fees as determined by
1350+662
1351+the court.
1352+663
1353+(11) The division or a designated intellectual disability professional in charge of the
1354+664
1355+individual's care shall provide all documented information on the individual to be
1356+665
1357+committed and to the court at the time of the hearing. The individual's attorney shall
1358+666
1359+have access to all documented information on the individual at the time of and prior to
1360+667
1361+the hearing.
1362+668
1363+(12)(a) The court shall provide an opportunity to the individual, the petitioner, and all
1364+669
1365+other persons to whom notice is required to be given to appear at the hearing, to
1366+670
1367+testify, and to present and cross-examine witnesses.
1368+671
1369+(b) The court may, in its discretion:
1370+672
1371+(i) receive the testimony of any other person;
1372+673
1373+(ii) allow a waiver of the right to appear only for good cause shown;
1374+- 20 - 01-24 14:27 1st Sub. (Buff) H.B. 56
1375+674
1376+(iii) exclude from the hearing all persons not necessary to conduct the proceedings;
1377+675
1378+and
1379+676
1380+(iv) upon motion of counsel, require the testimony of each examiner to be given out
1381+677
1382+of the presence of any other examiner.
1383+678
1384+(c) The hearing shall be conducted in as informal a manner as may be consistent with
1385+679
1386+orderly procedure, and in a physical setting that is not likely to have a harmful effect
1387+680
1388+on the individual. The Utah Rules of Evidence apply, and the hearing shall be a
1389+681
1390+matter of court record. A verbatim record of the proceedings shall be maintained.
1391+682
1392+(13) The court may order commitment if, upon completion of the hearing and consideration
1393+683
1394+of the record, it finds by clear and convincing evidence that all of the following
1395+684
1396+conditions are met:
1397+685
1398+(a) the individual to be committed has an intellectual disability;
1399+686
1400+(b) because of the individual's intellectual disability one or more of the following
1401+687
1402+conditions exist:
1403+688
1404+(i) the individual poses an immediate danger of physical injury to self or others;
1405+689
1406+(ii) the individual lacks the capacity to provide the basic necessities of life, such as
1407+690
1408+food, clothing, or shelter; or
1409+691
1410+(iii) the individual is in immediate need of habilitation, rehabilitation, care, or
1411+692
1412+treatment to minimize the effects of the condition which poses a threat of serious
1413+693
1414+physical or psychological injury to the individual, and the individual lacks the
1415+694
1416+capacity to engage in a rational decision-making process concerning the need for
1417+695
1418+habilitation, rehabilitation, care, or treatment, as evidenced by an inability to
1419+696
1420+weigh the possible costs and benefits of the care or treatment and the alternatives
1421+697
1422+to it;
1423+698
1424+(c) there is no appropriate, less restrictive alternative reasonably available; and
1425+699
1426+(d) the division or the intermediate care facility for people with an intellectual disability
1427+700
1428+recommended by the division in which the individual is to be committed can provide
1429+701
1430+the individual with treatment, care, habilitation, or rehabilitation that is adequate and
1431+702
1432+appropriate to the individual's condition and needs.
1433+703
1434+(14) In the absence of any of the required findings by the court, described in Subsection (13),
1435+704
1436+the court shall dismiss the proceedings.
1437+705
1438+(15)(a) The order of commitment shall designate the period for which the individual will
1439+706
1440+be committed. An initial commitment may not exceed six months. Before the end of
1441+707
1442+the initial commitment period, the administrator of the intermediate care facility for
1443+- 21 - 1st Sub. (Buff) H.B. 56 01-24 14:27
1444+708
1445+people with an intellectual disability shall commence a review hearing on behalf of
1446+709
1447+the individual.
1448+710
1449+(b) At the conclusion of the review hearing, the court may issue an order of commitment
1450+711
1451+for up to a one-year period.
1452+712
1453+(16) An individual committed under this part has the right to a rehearing, upon filing a
1454+713
1455+petition with the court within 30 days after entry of the court's order. If the petition for
1456+714
1457+rehearing alleges error or mistake in the court's findings, the court shall appoint one
1458+715
1459+impartial licensed physician and two impartial designated intellectual disability
1460+716
1461+professionals who have not previously been involved in the case to examine the
1462+717
1463+individual. The rehearing shall, in all other respects, be conducted in accordance with
1464+718
1465+this part.
1466+719
1467+(17)(a) The court shall maintain a current list of all individuals under its orders of
1468+720
1469+commitment. That list shall be reviewed in order to determine those patients who
1470+721
1471+have been under an order of commitment for the designated period.
1472+722
1473+(b) At least two weeks prior to the expiration of the designated period of any
1474+723
1475+commitment order still in effect, the court that entered the original order shall inform
1476+724
1477+the director of the division of the impending expiration of the designated
1478+725
1479+commitment period.
1480+726
1481+(c) The staff of the division shall immediately:
1482+727
1483+(i) reexamine the reasons upon which the order of commitment was based and report
1484+728
1485+the results of the examination to the court;
1486+729
1487+(ii) discharge the resident from involuntary commitment if the conditions justifying
1488+730
1489+commitment no longer exist; and
1490+731
1491+(iii) immediately inform the court of any discharge.
1492+732
1493+(d) If the director of the division reports to the court that the conditions justifying
1494+733
1495+commitment no longer exist, and the administrator of the intermediate care facility
1496+734
1497+for people with an intellectual disability does not discharge the individual at the end
1498+735
1499+of the designated period, the court shall order the immediate discharge of the
1500+736
1501+individual, unless involuntary commitment proceedings are again commenced in
1502+737
1503+accordance with this section.
1504+738
1505+(e) If the director of the division, or the director's designee reports to the court that the
1506+739
1507+conditions designated in Subsection (13) still exist, the court may extend the
1508+740
1509+commitment order for up to one year. At the end of any extension, the individual
1510+741
1511+must be reexamined in accordance with this section, or discharged.
1512+- 22 - 01-24 14:27 1st Sub. (Buff) H.B. 56
1513+742
1514+(18) When a resident is discharged under this subsection, the division shall provide any
1515+743
1516+further support services available and required to meet the resident's needs.
1517+744
1518+(19)(a) The division or an intermediate care facility shall provide discharge instructions
1519+745
1520+to each individual committed under this section at or before the time the individual is
1521+746
1522+discharged from the custody of the division or intermediate care facility, regardless of
1523+747
1524+whether the individual is discharged by being released or under other circumstances.
1525+748
1526+(b) Discharge instructions provided under Subsection (19)(a) shall include:
1527+749
1528+[(i) a summary of why the individual was committed;]
1529+750
1530+[(ii) detailed information about why the individual is being discharged;]
1531+751
1532+[(iii) a safety plan for the individual based on the individual's intellectual disability
1533+752
1534+and condition;]
1535+753
1536+[(iv) notification to the individual's primary care provider, if applicable;]
1537+754
1538+[(v) if the individual is discharged without food, housing, or economic security, a
1539+755
9031540 referral to appropriate services, if such services exist in the individual's
904-444
905-community;
906-445
907-[(vi)] (iv) the phone number to call or text for a crisis services hotline, and
908-446
909-information about the availability of peer support services;
910-447
911-[(vii)] (v) a copy of any psychiatric advance directive[ presented to the local mental
912-448
913-health authority], if applicable;
914-449
915-[(viii)] (vi) information about how to establish a psychiatric advance directive if one [
916-450
917-was not presented to the local mental health authority] has not been completed;
918-451
919-[(ix)] (vii) as applicable, information about medications that were changed or
920-452
921-discontinued during the commitment;
922-453
1541+756
1542+community;]
1543+757
1544+[(vi)] (i) the phone number to call or text for a crisis services hotline, and information
1545+758
1546+about the availability of peer support services; and
1547+759
1548+[(vii) a copy of any advance directive presented to the local mental health authority,
1549+760
1550+if applicable;]
1551+761
1552+[(viii) information about how to establish an advance directive if one was not
1553+762
1554+presented to the division or intermediate care facility;]
1555+763
1556+[(ix) as applicable, information about medications that were changed or discontinued
1557+764
1558+during the commitment;]
1559+765
9231560 [(x) a list of any screening or diagnostic tests conducted during the commitment;]
924-454
1561+766
9251562 [(xi) a summary of therapeutic treatments provided during the commitment;]
926-455
1563+767
9271564 [(xii) any laboratory work, including blood samples or imaging, that was completed
928-456
1565+768
9291566 or attempted during the commitment; and]
930-457
931-[(xiii)] (viii) information about how to contact the local mental health authority [if
932-458
933-needed] or established provider as appropriate; and
934-459
935-(ix) information about how to request a copy of the individual's medical record and
936-460
937-how to access the electronic patient portal for the individual's medical record.
938-461
939-(c) If an individual's medications were changed, or if an individual was prescribed new
940-462
1567+769
1568+[(xiii)] (ii) information about how to contact the division or intermediate care facility
1569+770
1570+if needed.
1571+771
1572+[(c) If an individual's medications were changed, or if an individual was prescribed new
1573+772
9411574 medications while committed under this section, discharge instructions provided
942-463
943-under Subsection (20)(a) shall include a clinically appropriate supply of medications,
944-464
1575+773
1576+under Subsection (19)(a) shall include a clinically appropriate supply of medications,
1577+774
9451578 as determined by a licensed health care provider, to allow the individual time to
946-465
947-access another health care provider or follow-up appointment.
948-466
949-(d) Discharge instructions shall be provided in paper or electronic format based on the
950-467
951-individual's preference.
952-468
953-[(d)] (e) If an individual refuses to accept discharge instructions, the local mental health
954-469
955-authority shall document the refusal in the individual's medical record.
956-- 14 - Enrolled Copy H.B. 56
957-470
958-[(e)] (f) If an individual's discharge instructions include referrals to services under
959-471
960-Subsection [(20)(b)(v)] (20)(b)(iii), the local mental health authority shall document
961-472
962-those referrals in the individual's medical record.
963-473
964-[(f)] (g) The local mental health authority shall attempt to follow up with a discharged
965-474
966-individual at least 48 hours after discharge, when appropriate, and may use peer
967-475
968-support professionals when performing follow-up care or developing a continuing
969-476
970-care plan.
971-477
972-(21) If any provision of Subsection (16)(a)(ii) or the application of any provision of
973-478
974-Subsection (16)(a)(ii) to any person or circumstance is held invalid by a court with
975-479
976-jurisdiction, the remainder of Subsection (16)(a)(ii) shall be given effect without the
977-480
978-invalid provision or application. The provisions of Subsection (16)(a)(ii) are severable.
979-481
980-Section 3. Section 26B-6-607 is amended to read:
981-482
982-26B-6-607 . Temporary emergency commitment -- Observation and evaluation.
983-483
984-(1) The director of the division or his designee may temporarily commit an individual to the
985-484
986-division and therefore, as a matter of course, to an intermediate care facility for people
987-485
988-with an intellectual disability for observation and evaluation upon:
989-486
990-(a) written application by a responsible person who has reason to know that the
991-487
992-individual is in need of commitment, stating:
993-488
994-(i) a belief that the individual has an intellectual disability and is likely to cause
995-489
996-serious injury to self or others if not immediately committed;
997-490
998-(ii) personal knowledge of the individual's condition; and
999-491
1000-(iii) the circumstances supporting that belief; or
1001-492
1002-(b) certification by a licensed physician or designated intellectual disability professional
1003-493
1004-stating that the physician or designated intellectual disability professional:
1005-494
1006-(i) has examined the individual within a three-day period immediately preceding the
1007-495
1008-certification; and
1009-496
1010-(ii) is of the opinion that the individual has an intellectual disability, and that because
1011-497
1012-of the individual's intellectual disability is likely to injure self or others if not
1013-498
1014-immediately committed.
1015-499
1016-(2) If the individual in need of commitment is not placed in the custody of the director or
1017-500
1018-the director's designee by the person submitting the application, the director's or the
1019-501
1020-director's designee may certify, either in writing or orally that the individual is in need of
1021-502
1022-immediate commitment to prevent injury to self or others.
1023-503
1024-(3) Upon receipt of the application required by Subsection (1)(a) and the certifications
1025-- 15 - H.B. 56 Enrolled Copy
1026-504
1027-required by Subsections (1)(b) and (2), a peace officer may take the individual named in
1028-505
1029-the application and certificates into custody, and may transport the individual to a
1030-506
1031-designated intermediate care facility for people with an intellectual disability.
1032-507
1033-(4)(a) An individual committed under this section may be held for a maximum of 72
1034-508
1035-hours, excluding Saturdays, Sundays, and [legal] state holidays. At the expiration of
1036-509
1037-that time, the individual shall be released unless proceedings for involuntary
1038-510
1039-commitment have been commenced under Section 26B-6-608.
1040-511
1041-(b) After proceedings for involuntary commitment have been commenced the individual
1042-512
1043-shall be released unless an order of detention is issued in accordance with Section
1044-513
1045-26B-6-608.
1046-514
1047-(5) If an individual is committed to the division under this section on the application of any
1048-515
1049-person other than the individual's legal guardian, spouse, parent, or next of kin, the
1050-516
1051-director or his designee shall immediately give notice of the commitment to the
1052-517
1053-individual's legal guardian, spouse, parent, or next of kin, if known.
1054-518
1055-(6)(a) The division or an intermediate care facility shall provide discharge instructions to
1056-519
1057-each individual committed under this section at or before the time the individual is
1058-520
1059-discharged from the custody of the division or intermediate care facility, regardless of
1060-521
1061-whether the individual is discharged by being released or under other circumstances.
1062-522
1063-(b) Discharge instructions provided under Subsection (6)(a) shall include:
1064-523
1065-[(i) a summary of why the individual was committed;]
1066-524
1067-[(ii) detailed information about why the individual is being discharged;]
1068-525
1069-[(iii) a safety plan for the individual based on the individual's intellectual disability
1070-526
1071-and condition;]
1072-527
1073-[(iv) notification to the individual's primary care provider, if applicable;]
1074-528
1075-[(v) if the individual is discharged without food, housing, or economic security, a
1076-529
1077-referral to appropriate services, if such services exist in the individual's
1078-530
1079-community;]
1080-531
1081-[(vi)] (i) the phone number to call or text for a crisis services hotline, and information
1082-532
1083-about the availability of peer support services; and
1084-533
1085-[(vii) a copy of any advance directive presented to the local mental health authority,
1086-534
1087-if applicable;]
1088-535
1089-[(viii) information about how to establish an advance directive if one was not
1090-536
1091-presented to the division or intermediate care facility;]
1092-537
1093-[(ix) as applicable, information about medications that were changed or discontinued
1094-- 16 - Enrolled Copy H.B. 56
1095-538
1096-during the commitment;]
1097-539
1098-[(x) a list of any screening or diagnostic tests conducted during the commitment;]
1099-540
1100-[(xi) a summary of therapeutic treatments provided during the commitment;]
1101-541
1102-[(xii) any laboratory work, including blood samples or imaging, that was completed
1103-542
1104-or attempted during the commitment; and]
1105-543
1106-[(xiii)] (ii) information about how to contact the division or intermediate care facility
1107-544
1108-if needed.
1109-545
1110-[(c) If an individual's medications were changed, or if an individual was prescribed new
1111-546
1112-medications while committed under this section, discharge instructions provided
1113-547
1114-under Subsection (6)(a) shall include a clinically appropriate supply of medications,
1115-548
1116-as determined by a licensed health care provider, to allow the individual time to
1117-549
1579+775
11181580 access another health care provider or follow-up appointment.]
1119-550
1581+- 23 - 1st Sub. (Buff) H.B. 56 01-24 14:27
1582+776
11201583 [(d) If an individual refuses to accept discharge instructions, the division or intermediate
1121-551
1584+777
11221585 care facility shall document the refusal in the individual's medical record.]
1123-552
1586+778
11241587 [(e) If an individual's discharge instructions include referrals to services under
1125-553
1126-Subsection (6)(b)(v), the division or intermediate care facility shall document those
1127-554
1588+779
1589+Subsection (19)(b)(v), the division or intermediate care facility shall document those
1590+780
11281591 referrals in the individual's medical record.]
1129-555
1592+781
11301593 [(f)] (c) The division shall attempt to follow up with a discharged individual at least 48
1131-556
1594+782
11321595 hours after discharge, and may use peer support professionals when performing
1133-557
1596+783
11341597 follow-up care or developing a continuing care plan.
1135-558
1136-Section 4. Section 26B-6-608 is amended to read:
1137-559
1138-26B-6-608 . Involuntary commitment -- Procedures -- Necessary findings --
1139-560
1140-Periodic review.
1141-561
1142-(1) Any responsible person who has reason to know that an individual is in need of
1143-562
1144-commitment, who has a belief that the individual has an intellectual disability, and who
1145-563
1146-has personal knowledge of the conditions and circumstances supporting that belief, may
1147-564
1148-commence proceedings for involuntary commitment by filing a written petition with the
1149-565
1150-district court, or if the subject of the petition is less than 18 years old with the juvenile
1151-566
1152-court, of the county in which the individual to be committed is physically located at the
1153-567
1154-time the petition is filed. The application shall be accompanied by:
1155-568
1156-(a) a certificate of a licensed physician or a designated intellectual disability
1157-569
1158-professional, stating that within a seven-day period immediately preceding the
1159-570
1160-certification, the physician or designated intellectual disability professional examined
1161-571
1162-the individual and believes that the individual has an intellectual disability and is in
1163-- 17 - H.B. 56 Enrolled Copy
1164-572
1165-need of involuntary commitment; or
1166-573
1167-(b) a written statement by the petitioner that:
1168-574
1169-(i) states that the individual was requested to, but refused to, submit to an
1170-575
1171-examination for an intellectual disability by a licensed physician or designated
1172-576
1173-intellectual disability professional, and that the individual refuses to voluntarily go
1174-577
1175-to the division or an intermediate care facility for people with an intellectual
1176-578
1177-disability recommended by the division for treatment;
1178-579
1179-(ii) is under oath; and
1180-580
1181-(iii) sets forth the facts on which the statement is based.
1182-581
1183-(2) Before issuing a detention order, the court may require the petitioner to consult with
1184-582
1185-personnel at the division or at an intermediate care facility for people with an intellectual
1186-583
1187-disability and may direct a designated intellectual disability professional to interview the
1188-584
1189-petitioner and the individual to be committed, to determine the existing facts, and to
1190-585
1191-report them to the court.
1192-586
1193-(3) The court may issue a detention order and may direct a peace officer to immediately
1194-587
1195-take the individual to an intermediate care facility for people with an intellectual
1196-588
1197-disability to be detained for purposes of an examination if the court finds from the
1198-589
1199-petition, from other statements under oath, or from reports of physicians or designated
1200-590
1201-intellectual disability professionals that there is a reasonable basis to believe that the
1202-591
1203-individual to be committed:
1204-592
1205-(a) poses an immediate danger of physical injury to self or others;
1206-593
1207-(b) requires involuntary commitment pending examination and hearing;
1208-594
1209-(c) the individual was requested but refused to submit to an examination by a licensed
1210-595
1211-physician or designated intellectual disability professional; or
1212-596
1213-(d) the individual refused to voluntarily go to the division or to an intermediate care
1214-597
1215-facility for people with an intellectual disability recommended by the division.
1216-598
1217-(4)(a) If the court issues a detention order based on an application that did not include a
1218-599
1219-certification by a designated intellectual disability professional or physician in
1220-600
1221-accordance with Subsection (1)(a), the director or his designee shall within 24 hours
1222-601
1223-after issuance of the detention order, excluding Saturdays, Sundays, and legal
1224-602
1225-holidays, examine the individual, report the results of the examination to the court
1226-603
1227-and inform the court:
1228-604
1229-(i) whether the director or his designee believes that the individual has an intellectual
1230-605
1231-disability; and
1232-- 18 - Enrolled Copy H.B. 56
1233-606
1234-(ii) whether appropriate treatment programs are available and will be used by the
1235-607
1236-individual without court proceedings.
1237-608
1238-(b) If the report of the director or his designee is based on an oral report of the examiner,
1239-609
1240-the examiner shall immediately send the results of the examination in writing to the
1241-610
1242-clerk of the court.
1243-611
1244-(5) Immediately after an individual is involuntarily committed under a detention order or
1245-612
1246-under Section 26B-6-607, the director or his designee shall inform the individual, orally
1247-613
1248-and in writing, of his right to communicate with an attorney. If an individual desires to
1249-614
1250-communicate with an attorney, the director or his designee shall take immediate steps to
1251-615
1252-assist the individual in contacting and communicating with an attorney.
1253-616
1254-(6)(a) Immediately after commencement of proceedings for involuntary commitment,
1255-617
1256-the court shall give notice of commencement of the proceedings to:
1257-618
1258-(i) the individual to be committed;
1259-619
1260-(ii) the applicant;
1261-620
1262-(iii) any legal guardian of the individual;
1263-621
1264-(iv) adult members of the individual's immediate family;
1265-622
1266-(v) legal counsel of the individual to be committed, if any;
1267-623
1268-(vi) the division; and
1269-624
1270-(vii) any other person to whom the individual requests, or the court designates, notice
1271-625
1272-to be given.
1273-626
1274-(b) If an individual cannot or refuses to disclose the identity of persons to be notified,
1275-627
1276-the extent of notice shall be determined by the court.
1277-628
1278-(7) That notice shall:
1279-629
1280-(a) set forth the allegations of the petition and all supporting facts;
1281-630
1282-(b) be accompanied by a copy of any detention order issued under Subsection (3); and
1283-631
1284-(c) state that a hearing will be held within the time provided by law, and give the time
1285-632
1286-and place for that hearing.
1287-633
1288-(8) The court may transfer the case and the custody of the individual to be committed to any
1289-634
1290-other district court within the state, if:
1291-635
1292-(a) there are no appropriate facilities for persons with an intellectual disability within the
1293-636
1294-judicial district; and
1295-637
1296-(b) the transfer will not be adverse to the interests of the individual.
1297-638
1298-(9)(a) Within 24 hours, excluding Saturdays, Sundays, and [legal] state holidays, after
1299-639
1300-any order or commitment under a detention order, the court shall appoint two
1301-- 19 - H.B. 56 Enrolled Copy
1302-640
1303-designated intellectual disability professionals to examine the individual. If
1304-641
1305-requested by the individual's counsel, the court shall appoint a reasonably available,
1306-642
1307-qualified person designated by counsel to be one of the examining designated
1308-643
1309-intellectual disability professionals. The examinations shall be conducted:
1310-644
1311-(i) separately;
1312-645
1313-(ii) at the home of the individual to be committed, a hospital, an intermediate care
1314-646
1315-facility for people with an intellectual disability, or any other suitable place not
1316-647
1317-likely to have a harmful effect on the individual; and
1318-648
1319-(iii) within a reasonable period of time after appointment of the examiners by the
1320-649
1321-court.
1322-650
1323-(b) The court shall set a time for a hearing to be held within 10 court days of the
1324-651
1325-appointment of the examiners. However, the court may immediately terminate the
1326-652
1327-proceedings and dismiss the application if, prior to the hearing date, the examiners,
1328-653
1329-the director, or his designee informs the court that:
1330-654
1331-(i) the individual does not have an intellectual disability; or
1332-655
1333-(ii) treatment programs are available and will be used by the individual without court
1334-656
1335-proceedings.
1336-657
1337-(10)(a) Each individual has the right to be represented by counsel at the commitment
1338-658
1339-hearing and in all preliminary proceedings. If neither the individual nor others
1340-659
1341-provide counsel, the court shall appoint counsel and allow sufficient time for counsel
1342-660
1343-to consult with the individual prior to any hearing.
1344-661
1345-(b) If the individual is indigent, the county in which the individual was physically
1346-662
1347-located when taken into custody shall pay reasonable attorney fees as determined by
1348-663
1349-the court.
1350-664
1351-(11) The division or a designated intellectual disability professional in charge of the
1352-665
1353-individual's care shall provide all documented information on the individual to be
1354-666
1355-committed and to the court at the time of the hearing. The individual's attorney shall
1356-667
1357-have access to all documented information on the individual at the time of and prior to
1358-668
1359-the hearing.
1360-669
1361-(12)(a) The court shall provide an opportunity to the individual, the petitioner, and all
1362-670
1363-other persons to whom notice is required to be given to appear at the hearing, to
1364-671
1365-testify, and to present and cross-examine witnesses.
1366-672
1367-(b) The court may, in its discretion:
1368-673
1369-(i) receive the testimony of any other person;
1370-- 20 - Enrolled Copy H.B. 56
1371-674
1372-(ii) allow a waiver of the right to appear only for good cause shown;
1373-675
1374-(iii) exclude from the hearing all persons not necessary to conduct the proceedings;
1375-676
1376-and
1377-677
1378-(iv) upon motion of counsel, require the testimony of each examiner to be given out
1379-678
1380-of the presence of any other examiner.
1381-679
1382-(c) The hearing shall be conducted in as informal a manner as may be consistent with
1383-680
1384-orderly procedure, and in a physical setting that is not likely to have a harmful effect
1385-681
1386-on the individual. The Utah Rules of Evidence apply, and the hearing shall be a
1387-682
1388-matter of court record. A verbatim record of the proceedings shall be maintained.
1389-683
1390-(13) The court may order commitment if, upon completion of the hearing and consideration
1391-684
1392-of the record, it finds by clear and convincing evidence that all of the following
1393-685
1394-conditions are met:
1395-686
1396-(a) the individual to be committed has an intellectual disability;
1397-687
1398-(b) because of the individual's intellectual disability one or more of the following
1399-688
1400-conditions exist:
1401-689
1402-(i) the individual poses an immediate danger of physical injury to self or others;
1403-690
1404-(ii) the individual lacks the capacity to provide the basic necessities of life, such as
1405-691
1406-food, clothing, or shelter; or
1407-692
1408-(iii) the individual is in immediate need of habilitation, rehabilitation, care, or
1409-693
1410-treatment to minimize the effects of the condition which poses a threat of serious
1411-694
1412-physical or psychological injury to the individual, and the individual lacks the
1413-695
1414-capacity to engage in a rational decision-making process concerning the need for
1415-696
1416-habilitation, rehabilitation, care, or treatment, as evidenced by an inability to
1417-697
1418-weigh the possible costs and benefits of the care or treatment and the alternatives
1419-698
1420-to it;
1421-699
1422-(c) there is no appropriate, less restrictive alternative reasonably available; and
1423-700
1424-(d) the division or the intermediate care facility for people with an intellectual disability
1425-701
1426-recommended by the division in which the individual is to be committed can provide
1427-702
1428-the individual with treatment, care, habilitation, or rehabilitation that is adequate and
1429-703
1430-appropriate to the individual's condition and needs.
1431-704
1432-(14) In the absence of any of the required findings by the court, described in Subsection (13),
1433-705
1434-the court shall dismiss the proceedings.
1435-706
1436-(15)(a) The order of commitment shall designate the period for which the individual will
1437-707
1438-be committed. An initial commitment may not exceed six months. Before the end of
1439-- 21 - H.B. 56 Enrolled Copy
1440-708
1441-the initial commitment period, the administrator of the intermediate care facility for
1442-709
1443-people with an intellectual disability shall commence a review hearing on behalf of
1444-710
1445-the individual.
1446-711
1447-(b) At the conclusion of the review hearing, the court may issue an order of commitment
1448-712
1449-for up to a one-year period.
1450-713
1451-(16) An individual committed under this part has the right to a rehearing, upon filing a
1452-714
1453-petition with the court within 30 days after entry of the court's order. If the petition for
1454-715
1455-rehearing alleges error or mistake in the court's findings, the court shall appoint one
1456-716
1457-impartial licensed physician and two impartial designated intellectual disability
1458-717
1459-professionals who have not previously been involved in the case to examine the
1460-718
1461-individual. The rehearing shall, in all other respects, be conducted in accordance with
1462-719
1463-this part.
1464-720
1465-(17)(a) The court shall maintain a current list of all individuals under its orders of
1466-721
1467-commitment. That list shall be reviewed in order to determine those patients who
1468-722
1469-have been under an order of commitment for the designated period.
1470-723
1471-(b) At least two weeks prior to the expiration of the designated period of any
1472-724
1473-commitment order still in effect, the court that entered the original order shall inform
1474-725
1475-the director of the division of the impending expiration of the designated
1476-726
1477-commitment period.
1478-727
1479-(c) The staff of the division shall immediately:
1480-728
1481-(i) reexamine the reasons upon which the order of commitment was based and report
1482-729
1483-the results of the examination to the court;
1484-730
1485-(ii) discharge the resident from involuntary commitment if the conditions justifying
1486-731
1487-commitment no longer exist; and
1488-732
1489-(iii) immediately inform the court of any discharge.
1490-733
1491-(d) If the director of the division reports to the court that the conditions justifying
1492-734
1493-commitment no longer exist, and the administrator of the intermediate care facility
1494-735
1495-for people with an intellectual disability does not discharge the individual at the end
1496-736
1497-of the designated period, the court shall order the immediate discharge of the
1498-737
1499-individual, unless involuntary commitment proceedings are again commenced in
1500-738
1501-accordance with this section.
1502-739
1503-(e) If the director of the division, or the director's designee reports to the court that the
1504-740
1505-conditions designated in Subsection (13) still exist, the court may extend the
1506-741
1507-commitment order for up to one year. At the end of any extension, the individual
1508-- 22 - Enrolled Copy H.B. 56
1509-742
1510-must be reexamined in accordance with this section, or discharged.
1511-743
1512-(18) When a resident is discharged under this subsection, the division shall provide any
1513-744
1514-further support services available and required to meet the resident's needs.
1515-745
1516-(19)(a) The division or an intermediate care facility shall provide discharge instructions
1517-746
1518-to each individual committed under this section at or before the time the individual is
1519-747
1520-discharged from the custody of the division or intermediate care facility, regardless of
1521-748
1522-whether the individual is discharged by being released or under other circumstances.
1523-749
1524-(b) Discharge instructions provided under Subsection (19)(a) shall include:
1525-750
1526-[(i) a summary of why the individual was committed;]
1527-751
1528-[(ii) detailed information about why the individual is being discharged;]
1529-752
1530-[(iii) a safety plan for the individual based on the individual's intellectual disability
1531-753
1532-and condition;]
1533-754
1534-[(iv) notification to the individual's primary care provider, if applicable;]
1535-755
1536-[(v) if the individual is discharged without food, housing, or economic security, a
1537-756
1538-referral to appropriate services, if such services exist in the individual's
1539-757
1540-community;]
1541-758
1542-[(vi)] (i) the phone number to call or text for a crisis services hotline, and information
1543-759
1544-about the availability of peer support services; and
1545-760
1546-[(vii) a copy of any advance directive presented to the local mental health authority,
1547-761
1548-if applicable;]
1549-762
1550-[(viii) information about how to establish an advance directive if one was not
1551-763
1552-presented to the division or intermediate care facility;]
1553-764
1554-[(ix) as applicable, information about medications that were changed or discontinued
1555-765
1556-during the commitment;]
1557-766
1558-[(x) a list of any screening or diagnostic tests conducted during the commitment;]
1559-767
1560-[(xi) a summary of therapeutic treatments provided during the commitment;]
1561-768
1562-[(xii) any laboratory work, including blood samples or imaging, that was completed
1563-769
1564-or attempted during the commitment; and]
1565-770
1566-[(xiii)] (ii) information about how to contact the division or intermediate care facility
1567-771
1568-if needed.
1569-772
1570-[(c) If an individual's medications were changed, or if an individual was prescribed new
1571-773
1572-medications while committed under this section, discharge instructions provided
1573-774
1574-under Subsection (19)(a) shall include a clinically appropriate supply of medications,
1575-775
1576-as determined by a licensed health care provider, to allow the individual time to
1577-- 23 - H.B. 56 Enrolled Copy
1578-776
1579-access another health care provider or follow-up appointment.]
1580-777
1581-[(d) If an individual refuses to accept discharge instructions, the division or intermediate
1582-778
1583-care facility shall document the refusal in the individual's medical record.]
1584-779
1585-[(e) If an individual's discharge instructions include referrals to services under
1586-780
1587-Subsection (19)(b)(v), the division or intermediate care facility shall document those
1588-781
1589-referrals in the individual's medical record.]
1590-782
1591-[(f)] (c) The division shall attempt to follow up with a discharged individual at least 48
1592-783
1593-hours after discharge, and may use peer support professionals when performing
15941598 784
1595-follow-up care or developing a continuing care plan.
1599+Section 5. Effective Date.
15961600 785
1597-Section 5. Effective Date.
1598-786
15991601 This bill takes effect on May 7, 2025.
16001602 - 24 -