Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 286 Second Substitute (2017GS)

Sponsor

Rep. Christensen, L.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• enacts the Essential Treatment and Intervention Act; and
• establishes a system for court-ordered essential treatment and intervention for an individual suffering from a substance use disorder.

Every vote on this bill

Bill text

ESSENTIAL TREATMENT AND INTERVENTION ACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
J. Stuart Adams
Cosponsors:
Kay J. Christofferson
Kim F. Coleman
James A. Dunnigan
Gage Froerer
Francis D. Gibson
Gregory H. Hughes
Eric K. Hutchings
Karianne Lisonbee
A. Cory Maloy
Kelly B. Miles
Carol Spackman Moss
Michael E. Noel
Derrin R. Owens
Lee B. Perry
Dixon M. Pitcher
Tim Quinn
Edward H. Redd
Keven J. Stratton
R. Curt Webb
LONG TITLE
General Description:
This bill establishes a process for an individual suffering from a substance use disorder
to receive court-ordered essential treatment and intervention.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ enacts the Essential Treatment and Intervention Act; and
▸ establishes a system for court-ordered essential treatment and intervention for an
individual suffering from a substance use disorder.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-15-602
, as last amended by Laws of Utah 2012, Chapter 248
62A-15-641
, as renumbered and amended by Laws of Utah 2002, Fifth Special Session,
Chapter 8
ENACTS:
62A-15-1201
, Utah Code Annotated 1953
62A-15-1202
, Utah Code Annotated 1953
62A-15-1203
, Utah Code Annotated 1953
62A-15-1204
, Utah Code Annotated 1953
62A-15-1205
, Utah Code Annotated 1953
62A-15-1206
, Utah Code Annotated 1953
62A-15-1207
, Utah Code Annotated 1953
62A-15-1208
, Utah Code Annotated 1953
62A-15-1209
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-15-602
 is amended to read:
62A-15-602.
Definitions.
As used in this part, Part 7, Commitment of Persons Under Age 18 to Division of
Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
Forensic Mental Health Facility, [
and
] Part 10, Declaration for Mental Health Treatment
, and
Part 12, Essential Treatment and Intervention Act
:
(1) "Adult" means a person 18 years of age or older.
(2) "Approved treatment facility or program" means a treatment provider that meets the
standards described in Subsection 
62A-15-103
(2)(a)(v).
[
(2)
] 
(3)
 "Commitment to the custody of a local mental health authority" means that an
adult is committed to the custody of the local mental health authority that governs the mental
health catchment area in which the proposed patient resides or is found.
[
(3)
] 
(4)
 "Designated examiner" means a licensed physician familiar with severe
mental illness, preferably a psychiatrist, designated by the division as specially qualified by
training or experience in the diagnosis of mental or related illness or another licensed mental
health professional designated by the division as specially qualified by training and at least five
years' continual experience in the treatment of mental or related illness. At least one
designated examiner in any case shall be a licensed physician. No person who is the applicant,
or who signs the certification, under Section 
62A-15-631
 may be a designated examiner in the
same case.
[
(4)
] 
(5)
 "Designee" means a physician who has responsibility for medical functions
including admission and discharge, an employee of a local mental health authority, or an
employee of an agency that has contracted with a local mental health authority to provide
mental health services under Section 
17-43-304
.
(6) "Essential treatment" and "essential treatment and intervention" mean court-ordered
treatment at a local substance abuse authority or an approved treatment facility or program for
the treatment of an adult's substance use disorder.
[
(5)
] 
(7)
 "Harmful sexual conduct" means any of the following conduct upon an
individual without the individual's consent, or upon an individual who cannot legally consent
to the conduct including under the circumstances described in Subsections 
76-5-406
(1) through
(12):
(a) sexual intercourse;
(b) penetration, however slight, of the genital or anal opening of the individual;
(c) any sexual act involving the genitals or anus of the actor or the individual and the
mouth or anus of either individual, regardless of the gender of either participant; or
(d) any sexual act causing substantial emotional injury or bodily pain.
[
(6)
] 
(8)
 "Institution" means a hospital, or a health facility licensed under the
provisions of Section 
26-21-9
.
[
(7)
] 
(9)
 "Licensed physician" means an individual licensed under the laws of this state
to practice medicine, or a medical officer of the United States government while in this state in
the performance of official duties.
[
(8)
] 
(10)
 "Local comprehensive community mental health center" means an agency or
organization that provides treatment and services to residents of a designated geographic area,
operated by or under contract with a local mental health authority, in compliance with state
standards for local comprehensive community mental health centers.
(11) "Local substance abuse authority" means the same as that term is defined in
Section 
62A-15-102
 and described in Section 
17-43-201
.
[
(9)
] 
(12)
 "Mental health facility" means the Utah State Hospital or other facility that
provides mental health services under contract with the division, a local mental health
authority, or organization that contracts with a local mental health authority.
[
(10)
] 
(13)
 "Mental health officer" means an individual who is designated by a local
mental health authority as qualified by training and experience in the recognition and
identification of mental illness, to interact with and transport persons to any mental health
facility.
[
(11)
] 
(14)
 "Mental illness" means a psychiatric disorder as defined by the current
edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association which substantially impairs a person's mental, emotional,
behavioral, or related functioning.
[
(12)
] 
(15)
 "Patient" means an individual 
who is:
(a)
 under commitment to the custody or to the treatment services of a local mental
health authority[
.
]
; or
(b) undergoing essential treatment and intervention.
[
(13)
] 
(16)
 "Serious bodily injury" means bodily injury which involves a substantial
risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
[
(14)
] 
(17)
 "Substantial danger" means the person, by his or her behavior, due to
mental illness:
(a) is at serious risk to:
(i) commit suicide;
(ii) inflict serious bodily injury on himself or herself; or
(iii) because of his or her actions or inaction, suffer serious bodily injury because he or
she is incapable of providing the basic necessities of life, such as food, clothing, and shelter; or
(b) is at serious risk to cause or attempt to cause serious bodily injury or engage in
harmful sexual conduct.
[
(15)
] 
(18)
 "Treatment" means psychotherapy, medication, including the administration
of psychotropic medication, and other medical treatments that are generally accepted medical
and psychosocial interventions for the purpose of restoring the patient to an optimal level of
functioning in the least restrictive environment.
Section 2. Section 
62A-15-641
 is amended to read:
62A-15-641.
Restrictions and limitations -- Civil rights and privileges.
(1) Subject to the general rules of the division, and except to the extent that the director
or his designee determines that it is necessary for the welfare of the patient to impose
restrictions, every patient is entitled to:
(a) communicate, by sealed mail or otherwise, with persons, including official
agencies, inside or outside the facility;
(b) receive visitors; and
(c) exercise all civil rights, including the right to dispose of property, execute
instruments, make purchases, enter contractual relationships, and vote, unless the patient has
been adjudicated to be incompetent and has not been restored to legal capacity.
(2) When any right of a patient is limited or denied, the nature, extent, and reason for
that limitation or denial shall be entered in the patient's treatment record. Any continuing
denial or limitation shall be reviewed every 30 days and shall also be entered in that treatment
record. Notice of that continuing denial in excess of 30 days shall be sent to the division [
or
to
]
,
 the appropriate local mental health authority[
.
]
, the appropriate local substance abuse
authority, or an approved treatment facility or program, whichever is most applicable to the
patient.
(3) Notwithstanding any limitations authorized under this section on the right of
communication, each patient is entitled to communicate by sealed mail with the appropriate
local mental health authority, 
the appropriate local substance abuse authority, an approved
treatment facility or program,
 the division, [
his
] 
the patient's
 attorney, and the court, if any, that
ordered [
his
] 
the patient's
 commitment 
or essential treatment
. In no case may the patient be
denied a visit with the legal counsel or clergy of the patient's choice.
(4) Local mental health authorities
, local substance abuse authorities, and approved
treatment facilities or programs
 shall provide reasonable means and arrangements for
informing involuntary patients of their right to release as provided in this chapter, and for
assisting them in making and presenting requests for release.
(5) Mental health facilities
, local substance abuse authorities, and approved treatment
facilities or programs
 shall post a statement, [
promulgated
] 
created
 by the division, describing 
a
patient's rights under Utah law.
(6) Notwithstanding Section 
53B-17-303
, [
any person
] 
an individual
 committed under
this chapter has the right to determine the final disposition of [
his
] 
that individual's
 body after
death.
Section 3. Section 
62A-15-1201
 is enacted to read:
Part 12. Essential Treatment and Intervention Act
 62A-15-1201.
Statement of legislative intent.
To address the serious public health crisis of substance use disorder related deaths and
life-threatening opioid addiction, and to allow and enable caring relatives to seek essential
treatment and intervention, as may be necessary, on behalf of a sufferer of a substance use
disorder, the Legislature enacts the Essential Treatment and Intervention Act.
Section 4. Section 
62A-15-1202
 is enacted to read:
 62A-15-1202.
Definitions.
As used in this part:
(1) "Essential treatment examiner" means:
(a) a licensed physician, preferably a psychiatrist, who is designated by the division as
specifically qualified by training or experience in the diagnosis of substance use disorder; or
(b) a licensed mental health professional designated by the division as specially
qualified by training and who has at least five years' continual experience in the treatment of
substance use disorder.
(2) "Relative" means an adult who is a spouse, parent, stepparent, grandparent, child,
or sibling of an individual.
(3) "Serious harm" means the individual, due to substance use disorder, is at serious
risk of:
(a) drug overdose;
(b) suicide;
(c) serious bodily self-injury;
(d) serious bodily injury because the individual is incapable of providing the basic
necessities of life, including food, clothing, or shelter; or
(e) causing or attempting to cause serious bodily injury to another individual.
(4) "Substance use disorder" means the same as that term is defined in the current
edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
American Psychiatric Association.
Section 5. Section 
62A-15-1203
 is enacted to read:
 62A-15-1203.
Petition for essential treatment -- Contents -- Guarantee for costs.
(1) A relative seeking essential treatment and intervention for a sufferer of a substance
use disorder may file a petition with the district court of the county in which the sufferer of the
substance use disorder resides or is found.
(2) The petition shall include:
(a) the respondent's:
(i) legal name;
(ii) date of birth, if known;
(iii) social security number, if known; and
(iv) residence and current location, if known;
(b) the petitioner's relationship to the respondent;
(c) the name and residence of the respondent's legal guardian, if any and if known;
(d) a statement that the respondent:
(i) is suffering from a substance use disorder; and
(ii) if not treated for the substance use disorder presents a serious harm to self or
others;
(e) the factual basis for the statement described in Subsection (4)(d); and
(f) at least one specified local substance abuse authority or approved treatment facility
or program where the respondent may receive essential treatment.
(3) Any petition filed under this section:
(a) may be accompanied by proof of health insurance to provide for the respondent's
essential treatment; and
(b) shall be accompanied by a financial guarantee, signed by the petitioner or another
individual, obligating the petitioner or other individual to pay all treatment costs beyond those
covered by the respondent's health insurance policy for court-ordered essential treatment for the
respondent.
(4) Nothing in this section alters the contractual relationship between a health insurer
and an insured individual.
Section 6. Section 
62A-15-1204
 is enacted to read:
 62A-15-1204.
Criteria for essential treatment and intervention.
A district court shall order an individual to undergo essential treatment for a substance
use disorder when the district court determines by clear and convincing evidence that the
individual:
(1) suffers from a substance use disorder;
(2) can reasonably benefit from the essential treatment;
(3) is unlikely to substantially benefit from a less-restrictive alternative treatment; and
(4) presents a serious harm to self or others.
Section 7. Section 
62A-15-1205
 is enacted to read:
 62A-15-1205.
Proceeding for essential treatment -- Duties of court -- Disposition.
(1) A district court shall review the assertions contained in the verified petition
described in Section 
62A-15-1203
.
(2) If the court determines that the assertions, if true, are sufficient to order the
respondent to undergo essential treatment, the court shall:
(a) set an expedited date for a time-sensitive hearing to determine whether the court
should order the respondent to undergo essential treatment for a substance use disorder;
(b) provide notice of:
(i) the contents of the petition, including all assertions made;
(ii) a copy of any order for detention or examination;
(iii) the date of the hearing;
(iv) the purpose of the hearing;
(v) the right of the respondent to be represented by legal counsel; and
(vi) the right of the respondent to request a preliminary hearing before submitting to an
order for examination;
(c) provide notice to:
(i) the respondent;
(ii) the respondent's guardian, if any; and
(iii) the petitioner; and
(d) subject to the right described in Subsection (2)(b)(vi), order the respondent to be
examined before the hearing date by two essential treatment examiners.
(3) The essential treatment examiners shall examine the respondent to determine:
(a) whether the respondent meets each of the criteria described in Section
62A-15-1204
;
(b) the severity of the respondent's substance use disorder, if any;
(c) what forms of treatment would substantially benefit the respondent, if the examiner
determines that the respondent has a substance use disorder; and
(d) the appropriate duration for essential treatment, if essential treatment is
recommended.
(4) An essential treatment examiner shall certify the examiner's findings to the court
within 24 hours after completion of the examination.
(5) The court may, based upon the findings of the essential treatment examiners,
terminate the proceedings and dismiss the petition.
(6) The parties may, at any time, make a binding stipulation to an essential treatment
plan and submit that plan to the court for court order.
(7) At the hearing, the petitioner and the respondent may testify and may
cross-examine witnesses.
(8) If, upon completion of the hearing, the court finds that the criteria in Section
62A-15-1204
 are met, the court shall order essential treatment for an initial period that:
(a) does not exceed 360 days, subject to periodic review as provided in Section
62A-15-1206
; and
(b) (i) is recommended by an essential treatment examiner; or
(ii) is otherwise agreed to at the hearing.
(9) The court shall designate the facility for the essential treatment, as:
(a) described in the petition;
(b) recommended by an essential treatment examiner; or
(c) agreed to at the hearing.
(10) The court shall issue an order that includes the court's findings and the reasons for
the court's determination.
(11) The court may order the petitioner to be the respondent's personal representative,
as described in 45 C.F.R. Sec. 164.502(g), for purposes of the respondent's essential treatment.
Section 8. Section 
62A-15-1206
 is enacted to read:
 62A-15-1206.
Periodic review -- Discharge.
A local substance abuse authority or an approved treatment facility or program that
provides essential treatment shall:
(1) at least every 90 days after the day on which a patient is admitted, unless a court
orders otherwise, examine or cause to be examined a patient who has been ordered to receive
essential treatment;
(2) notify the patient and the patient's personal representative or guardian, if any, of the
substance and results of the examination;
(3) discharge an essential treatment patient if the examination determines that the
conditions justifying essential treatment and intervention no longer exist; and
(4) after discharging an essential treatment patient, send a report describing the reasons
for discharge to the clerk of the court where the proceeding for essential treatment was held and
to the patient's personal representative or guardian, if any.
Section 9. Section 
62A-15-1207
 is enacted to read:
 62A-15-1207.
Seventy-two-hour emergency treatment.
(1) A court may order a respondent to be hospitalized for up to 72 hours if:
(a) an essential treatment examiner has examined the respondent and certified that the
respondent meets the criteria described in Section 
62A-15-1204
; and
(b) the court finds by clear and convincing evidence that the respondent presents an
imminent threat of serious harm to self or others as a result of a substance use disorder.
(2) An individual who is admitted to a hospital under this section shall be released
from the hospital within 72 hours after admittance, unless a treating physician or essential
treatment examiner determines that the individual continues to pose an imminent threat of
serious harm to self or others.
(3) If a treating physician or essential treatment examiner makes the determination
described in Subsection (2), the individual may be detained for as long as the threat of serious
harm remains imminent, but not more than 10 days after the day on which the individual was
hospitalized, unless a court orders otherwise.
(4) A treating physician or an essential treatment examiner shall, as frequently as
practicable, examine an individual hospitalized under this section and release the individual if
the examination determines that a threat of imminent serious harm no longer exists.
Section 10. Section 
62A-15-1208
 is enacted to read:
 62A-15-1208.
Confidentiality.
(1) The purpose of Title 62A, Chapter 15, Part 12, Essential Treatment and
Intervention Act, is to provide a process for essential treatment and intervention to save lives,
preserve families, and reduce substance use disorder, including opioid addiction.
(2) An essential treatment petition and any other document filed in connection with the
petition for essential treatment is confidential and protected.
(3) A hearing on an essential treatment petition is closed to the public, and only the
following individuals and their legal counsel may be admitted to the hearing:
(a) parties to the petition;
(b) the essential treatment examiners who completed the court-ordered examination
under Subsection 
62A-15-1205
(3);
(c) individuals who have been asked to give testimony; and
(d) individuals to whom notice of the hearing is required to be given under Subsection
62A-15-1205
(2)(c).
(4) Testimony, medical evaluations, the petition, and other documents directly related
to the adjudication of the petition and presented to the court in the interest of the respondent
may not be construed or applied as an admission of guilt to a criminal offense.
(5) A court may, if applicable, enforce a previously existing warrant for a respondent or
a warrant for a charge that is unrelated to the essential treatment petition filed under this part.
Section 11. Section 
62A-15-1209
 is enacted to read:
 62A-15-1209.
Essential treatment for substance use disorder -- Rights of patient.
All applicable rights guaranteed to a patient by Sections 
62A-15-641
 and 
62A-15-642
shall be guaranteed to an individual who is ordered to undergo essential treatment for a
substance use disorder.