Title 33, Mental Health and Substance Abuse and Intellectual and Developmental Disabilities

(1) Information that is confidential under § 33-3-103 may be disclosed without consent of the service recipient if:(1) Disclosure is necessary to carry out duties under this title;(2) Disclosure may be necessary to assure service or care to the service recipient by the least dras…

(a) If the head of the federally mandated protection and advocacy agency for persons with mental illness or serious emotional disturbance, or the designated representative of the agency head, requests disclosure of information protected by § 33-3-103 and specifies the personally …

The department may adopt rules to implement § 33-3-103 — 33-3-114, including rules on the form, content, and means of consent and disclosure, scope of permissible disclosure, and definitions of terms.

(a) Section 33-3-103 does not preclude making reports of harm or granting access to records if making reports of harm or granting access to records is expressly required by:(1) The Child Abuse Reporting Law, compiled in title 37, chapter 1, part 4;(2) The Child Sexual Abuse Repor…

(a) A service recipient for services under chapter 6 of this title shall be given an opportunity to approve and sign an information release that authorizes the facility or program to release certain information concerning the recipient to certain family members and other designat…

(a) Section 33-3-103 does not prohibit disclosure to a law enforcement agency that has jurisdiction over felonious acts of bodily harm or sexual offenses that appear to have been committed on the premises of a facility whose records are made confidential by § 33-3-103. (b) If the…

(a) In any case where a person is known to have been accused of physically or sexually abusing or neglecting a service recipient who is a child, the service recipient's record shall not be accessible to the person accused of the abuse or neglect, except if:(1) A court orders acce…

(a) Upon request by a service recipient sixteen (16) years of age or older, a service provider shall disclose to the service recipient what records the provider maintains on the service recipient and how the service recipient can obtain access to them. Upon written request by a s…

(a) If a service recipient requests amendment of the service recipient's record by revision, deletion, or addition to correct the record, the service provider shall, within ten (10) working days after receiving the request, either make the amendment to assure that service recipie…

(1) Notwithstanding any evidentiary privilege a qualified mental health professional may have, including §§ 24-1-207, 63-11-213, 63-22-114, and 63-23-109, the qualified mental health professional may be compelled to testify in:(1) Judicial proceedings under this title to commit a…

(a) Any clerk of court that maintains records of an adjudication as a mental defective or a judicial commitment to a mental institution pursuant to chapter 6 or chapter 7 shall, in accordance with the procedures outlined in title 16, disclose the following information set out in …

A violation of §§ 33-3-103—33-3-115 is a Class C misdemeanor.

(a) If a service recipient is involuntarily committed to an inpatient treatment facility under this title, the inpatient treatment facility shall report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the d…

(a) Service recipients have the right to be free from isolation and restraints, in any form, imposed as a means of coercion, discipline, convenience or retaliation by staff. Restraints include physical and mechanical restraints and drugs used to control behavior or to restrict fr…

(1) A certificate of need for commitment for care and treatment as a person with mental illness or serious emotional disturbance that is authorized or required to be made by a physician, psychologist, or other professional under this title is not valid for any purpose if:(1) It i…

A licensee or provider under this title may not discourage or preclude a service recipient from exercising the right to religious expression and shall inform each service recipient in a residential environment of this right. A licensee or provider of religious service may provide…

(a) As used in this section, unless the context otherwise requires:(1) “Counseling center” means any nonprofit service operated at least partially with volunteer assistance that provides counseling, assistance or guidance, either in person or by telephone, to persons with mental …

(a) While acting in good faith, the directors of a not for profit corporation that provides community residential services or supports for persons with mental illness or serious emotional disturbance shall not be held personally liable for tortious acts committed by the corporati…

(a) IF AND ONLY IF:(1) A service recipient has communicated to a qualified mental health professional or behavior analyst an:(A) Intent for actual threat of bodily harm against a clearly identified victim, OR(B) Intent for actual threat of bodily harm against a group of people, i…

(a) If a service recipient is an unemancipated minor, the duty imposed by § 33-3-206 may be discharged by the professional or service provider by notifying the unemancipated minor's parent, legal guardian, or legal custodian and satisfying the requirements of subsection (c). (b) …

(1) IF AND ONLY IF(1) an employee of a service provider is normally responsible for transmitting or recording communications from a service recipient to a qualified mental health professional or behavior analyst, AND(2) the employee receives a communication from a service recipie…

If a professional or an employee has satisfied the person's duty under § 33-3-206, § 33-3-208, or § 33-3-210, no monetary liability and no cause of action may arise against the professional, an employee, or any service provider in whose service the duty arose for the professional…

(a) If a service recipient has communicated to a qualified mental health professional or behavior analyst an actual threat of serious bodily harm or death against a reasonably identifiable victim or victims, the qualified mental health professional or behavior analyst, using the …

(1) IF(1) (A) a person has refused to perform any act that is prohibited by or is not lawful under this title, OR(B) a person has relinquished authority over a service recipient based on a decision by another to whom this title gives express authority to make the decision, (1) (A…

The department shall by rule prescribe a uniform assessment process by which to determine whether a service recipient lacks capacity to make decisions on issues within the meaning of § 33-3-218.

(1) IF:(1) (A) [Deleted by 2024 amendment.](B) A service recipient, due to a diagnosed mental illness or serious emotional disorder, is unable to make an informed decision about application to a hospital or inpatient treatment resource under § 33-6-201, requesting discharge under…

(a) The commissioner may authorize the transfer of a person in a facility of the department to another department facility or to a private facility under this section. The commissioner shall give due consideration to the relationship of the person to family, guardian, conservator…

Upon receipt of a certificate of the veterans' administration that facilities are available for the care or treatment of a person ordered hospitalized pursuant to chapter 6, part 5 of this title, in any hospital for the care or treatment of persons with mental illness or serious …

(a) The commissioner may provide for and authorize the transportation and transfer from this state to the service recipient's state of residence of a person with mental illness or serious emotional disturbance who is a resident of a state not party to the Interstate Compact on Me…

(a) If the chief officer of a youth development center of the department of children's services determines, on the basis of a written report of a licensed physician or licensed psychologist designated as a health service provider, that a person in the youth development center:(1)…

(a) If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist with health service provider designation, that a person in the director's custody:(1) Has mental illness or serious em…

(a) If the director of a facility of the department of correction determines, on the basis of a written report of a licensed physician or a licensed psychologist designated as a health service provider, that a person in the director's custody:(1) Has mental illness or serious emo…

A transfer committee consists of five (5) persons. If the person to be transferred is in the custody of the department of children's services, the commissioner of children's services shall appoint two (2) members of the committee, neither of whom may be the transferring chief off…

(a) The committee may elect a chair and a vice chair. The committee shall act by majority vote. No member of the committee is disqualified to participate in a hearing by virtue of prior knowledge of the case. The chair may postpone the hearing for a reasonable time upon request o…

(a) If the committee determines that the transfer meets the standards for a transfer under this part, it shall approve the transfer. The chair shall immediately give the person written notice of the committee's decision and a summary of the factual basis for the decision and a co…

(a) The person shall be transferred five (5) days after the receipt of the committee's notice if the person has not filed a complaint under part 7 of this chapter. (b) The person may be transferred immediately after receipt of the notice if the person is competent and consents in…

(a) Within five (5) days, excluding Saturdays, Sundays, and legal holidays, after any transfer made without objection by the transferee under § 33-3-401 or § 33-3-402, or any transfer under § 33-3-403, the chief officer of the receiving facility of the department shall determine …

(a) If the chief officer of a receiving facility of the department or, upon approval by the commissioner, the chief officer of a private facility that operates a program for the department determines more than five (5) days, excluding Saturdays, Sundays, and legal holidays, after…

(a) If the chief officer of a private facility that operates a program for the department determines that residential care and treatment of a transferee in the facility are no longer advisable or beneficial, the chief officer shall notify the transferee and the commissioner of th…

If a transferee runs away from a department facility or a program that is operated by a private contractor for the department and is taken into custody within thirty (30) days after running away, the transferee shall be returned to the custody of the commissioner at a facility de…

(a) The chief officer of a youth development center shall immediately have a person transferred to a facility of the department designated by the commissioner, if the chief officer of the youth development center of the department of children’s services determines, on the basis o…

(a) Notwithstanding any other provisions of this title, no person with mental illness or serious emotional disturbance with respect to whom proceedings for hospitalization or admission under a court order have been commenced, shall be released or discharged during the pendency of…

(a) In all judicial proceedings under this title the clerk of the court in which the proceedings are held shall keep a careful and accurate record of the proceedings. (b) (1) Whenever, in a judicial proceeding under this title, a person has been ordered hospitalized or admitted, …

(a) The reasonable costs incurred in judicial proceedings under this title shall be paid by the subject of the proceedings or the subject's estate or by the subject's responsible relatives and shall be a charge upon the estate of those liable. (b) The reasonable costs incurred in…

A physician, psychologist, person designated by the commissioner under § 33-6-427(b), or other professional who makes an application or conducts an examination under this title is a competent and compellable witness at any judicial proceeding conducted under it.

(a) (1) Any judicial proceeding under this title may be conducted by the use of audio visual technology as set out in this section.(2) For proceedings under chapter 6, part 4 of this title, the use of audio visual technology is permissible at the court's discretion, but the court…