Title 26B, Utah Health and Human Services Code

26B-5-105. Employment first emphasis on the provision of services. (1) As used in this section, "recipient" means an individual who is: (a) undergoing treatment for a substance use problem; or (b) suffers from a mental illness. (2) When providing services to a recipient, the divi…

26B-5-106. Authority to assess fees. The division may, with the approval of the Legislature and the executive director, establish fee schedules and assess fees for services rendered by the division.

26B-5-107. Formula for allocation of funds to local substance abuse authorities and local mental health authorities. (1)(a) The division shall establish, by rule, formulas for allocating funds to local substance abuse authorities and local mental health authorities through contra…

26B-5-108. Contracts for substance use and mental health services -- Provisions -- Responsibilities. (1) If the division contracts with a local substance abuse authority or a local mental health authority to provide substance use or mental health programs and services in accordan…

26B-5-109. Local plan program funding. (1) To facilitate the distribution of newly appropriated funds beginning from fiscal year 2018 for prevention, treatment, and recovery support services that reduce recidivism or reduce the per capita number of incarcerated offenders with a s…

26B-5-110. Suicide Prevention Education Program -- Definitions -- Grant requirements. (1) As used in this section, "bureau" means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. (2) There is created a Suicide Prevention E…

26B-5-111. Mental health crisis response training. (1) The division shall award grants to communities to conduct mental health crisis response training. (2) For the application and award of the grants described in Subsection (1), the division shall make rules, in accordance with …

26B-5-112. Mobile crisis outreach team expansion. (1) The division shall: (a) award grants for the development of: (i) five mobile crisis outreach teams: (A) in counties of the second, third, fourth, fifth, or sixth class; or (B) in counties of the first class, if no more than tw…

26B-5-112.5. Mobile Crisis Outreach Team Grant Program. (1) As used in this section, "committee" means the Behavioral Health Crisis Response Committee established in Section 63C-18-202. (2) The committee shall provide recommendations and the division shall award grants for the de…

26B-5-113. Medicaid reimbursement for school-based health services -- Report to Legislature. (1) As used in this section, "individualized education program" or "IEP" means a written statement for a student with a disability that is developed, reviewed, and revised in accordance w…

26B-5-114. Behavioral Health Receiving Center Grant Program. (1) As used in this section: (a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility that is responsible for, and provides mental health crisis services to, an individual experiencing a me…

26B-5-115. Safety Net Initiative. (1) As used in this section, "individuals in underserved communities" means individuals living in culturally isolated communities in the state who may lack access to public assistance and other government services. (2) There is created within the…

26B-5-116. Suicide prevention technical assistance program. (1) As used in this section, "technical assistance" means training for the prevention of suicide. (2)(a) Before July 1, 2021, and each subsequent July 1, the division shall solicit applications from health care organizat…

26B-5-119. Forms. The division shall furnish the clerks of the court with forms, blanks, warrants, and certificates, to enable judges, with regularity and facility, to comply with the provisions of this chapter.

26B-5-120. Virtual crisis outreach team grant program. (1) As used in this section: (a) "Certified peer support specialist" means the same as that term is defined in Section 26B-5-610. (b) "Committee" means the Behavioral Health Crisis Response Committee established in Section 63…

26B-5-121. Voluntary referrals to substance use and mental health services by first responders -- Immunity from liability -- Reporting -- Rulemaking. (1) As used in this section: (a) "First responder" means: (i) a law enforcement officer, as that term is defined in Section 53-13-…

26B-5-122. Community-based peer support services grant program. (1) As used in this section: (a) "Commission" means the Utah Behavioral Health Commission created in Section 26B-5-702. (b) "Peer support services" means non-clinical, low-barrier, community-based support to individu…

26B-5-201. Definitions. As used in this part: (1) "Juvenile substance use offender" means any minor who has committed a drug or alcohol related offense under the jurisdiction of the juvenile court in accordance with Section 78A-6-103. (2) "Local substance abuse authority" means a…

26B-5-202. Teen substance use schools -- Establishment. The division or a local substance abuse authority, in cooperation with the Board of Juvenile Court Judges, may establish teen substance use schools in the districts of the juvenile court.

26B-5-203. Court order to attend substance use school -- Assessments. (1) In addition to any other disposition ordered by the juvenile court under Section 80-6-701, the court may order: (a) a minor and the minor's parent or legal guardian to attend a teen substance use school; an…

26B-5-204. Commitment of minor to secure drug or alcohol facility or program -- Procedures -- Review. (1) As used in this section: (a) "Approved treatment facility or program" means a public or private secure, inpatient facility or program that is licensed or operated by the depa…

26B-5-205. Alcohol training and education seminar. (1) As used in this section: (a) "Instructor" means a person that directly provides the instruction during an alcohol training and education seminar for a seminar provider. (b) "Licensee" means a person who is: (i)(A) a new or re…

26B-5-207. DUI -- Legislative policy -- Rehabilitation treatment and evaluation -- Use of victim impact panels. The Legislature finds that drivers impaired by alcohol or drugs constitute a major problem in this state and that the problem demands a comprehensive detection, interve…

26B-5-208. Penalty for DUI conviction -- Amounts. (1) Courts of record and not of record may at sentencing assess against the defendant, in addition to any fine, an amount that will fully compensate agencies that treat the defendant for their costs in each case where a defendant …

26B-5-209. Assessments for DUI -- Use of money for rehabilitation programs, including victim impact panels -- Rulemaking power granted. (1)(a) Assessments imposed under Section 26B-5-208 may, pursuant to court order: (i) be collected by the clerk of the court in which the person …

26B-5-210. Policy -- Alternatives to incarceration. It is the policy of this state to provide adequate and appropriate health and social services as alternatives to incarceration for public intoxication.

26B-5-211. Administration of opioid litigation proceeds -- Requirements for governmental entities receiving opioid funds -- Reporting. (1) As used in this section: (a) "Fund" means the Opioid Litigation Proceeds Fund created in Section 51-9-801. (b) "Office" means the Office of S…

26B-5-301. Definitions. As used in this part, Part 4, Commitment of Persons Under Age 18, and Part 5, Essential Treatment and Intervention: (1) "Adult" means an individual 18 years old or older. (2) "Approved treatment facility or program" means a mental health or substance use t…

26B-5-302. Utah State Hospital. The Utah State Hospital is established and located in Provo, in Utah county.

26B-5-303. Administration of state hospital -- Division -- Authority. (1) The division shall administer the state hospital as part of the state's comprehensive mental health program and, to the fullest extent possible, shall, as the state hospital's administrator, coordinate with…

26B-5-304. Appointment of superintendent -- Qualifications -- Powers and responsibilities. (1) The director, with the consent of the executive director, shall appoint a superintendent of the state hospital, who shall hold office at the will of the director. (2) The superintendent…

26B-5-305. Clinical director -- Appointment -- Conditions and procedure -- Duties. (1) Whenever the superintendent is not qualified to be the clinical director of the state hospital under this section, the superintendent shall, with the approval of the director of the division, a…

26B-5-306. Objectives of state hospital and other facilities -- Individuals who may be admitted to state hospital. (1) The objectives of the state hospital and other mental health facilities shall be to: (a) care for all individuals within this state who are subject to the provis…

26B-5-307. Additional powers of director -- Reports and records of division. (1) In addition to specific authority granted by other provisions of this part, the director has authority to prescribe the form of applications, records, reports, and medical certificates provided for u…

26B-5-308. Standards for care and treatment. Every patient is entitled to humane care and treatment and to medical care and treatment in accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice, social work practice, and the practice of …

26B-5-309. Mechanical restraints and medication -- Clinical record. (1) Mechanical restraints may not be applied to a patient unless it is determined by the director or his designee to be required by the needs of the patient. Every use of a mechanical restraint and the reasons th…

26B-5-310. Restrictions and limitations -- Rights and privileges. (1) Subject to the general rules of the division, subject to the requirement in Subsection (2) that the reason, nature, and extent of any limitation or denial of a patient's right shall be entered in the patient's …

26B-5-311. Habeas corpus. Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon proper petition by themselves or a friend, to the court in the county in which the individual is detained.

26B-5-312. Confidentiality of information and records -- Exceptions -- Penalty. (1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identif…

26B-5-313. Declaration for mental health treatment. (1) An adult who is not incapable may make a declaration of preferences or instructions regarding the adult's mental health treatment. The declaration may include, but is not limited to, consent to or refusal of specified mental…

26B-5-314. Physician and provider responsibilities -- Provision of services contrary to declaration -- Revocation. (1) Upon being presented with a declaration, a physician shall make the declaration a part of the declarant's medical record. When acting under authority of a declar…

26B-5-315. Declaration for mental health treatment -- Form. A declaration for mental health treatment shall be in substantially the following form: DECLARATION FOR MENTAL HEALTH TREATMENT I, ________________________________, being an adult of sound mind, willfully and voluntarily…

26B-5-316. Responsibility for cost of care. (1) The division shall estimate and determine, as nearly as possible, the actual expense per annum of caring for and maintaining a patient in the state hospital, and that amount or portion of that amount shall be assessed to and paid by…

26B-5-317. Expenses of voluntary patients. The expense for the care and treatment of voluntary patients shall be assessed to and paid in the same manner and to the same extent as is provided for involuntary patients under the provisions of Section 26B-5-316.

26B-5-318. Liability of estate of person with a mental illness. The provisions made in this part for the support of persons with a mental illness at public expense do not release the estates of those persons from liability for their care and treatment, and the division is authori…

26B-5-319. Receipt of gift and personal property related to the transfer of persons from other institutions. (1) The division may take and hold by gift, devise, or bequest real and personal property required for the use of the state hospital. With the approval of the governor the…