Title 26B, Title 26B: Utah Health and Human Services Code

26B-6-505. State Board of Education -- Education of children at developmental center. (1) The State Board of Education is responsible for the education of school-aged children at the developmental center. (2) In order to fulfill its responsibility under Subsection, the State Boar…

26B-6-506. Powers and duties of division. The powers and duties of the division, with respect to the developmental center are as follows: (1) to establish rules, not inconsistent with law, for the government of the developmental center; (2) to establish rules governing the admiss…

26B-6-507. Utah State Developmental Center land and water rights. (1) As used in this section, "long-term lease" means: a lease with a term of five years or more; or a lease with a term of less than five years that may be unilaterally renewed by the lessee. (2) Notwithstanding Se…

26B-6-508. Superintendent -- Qualifications. The superintendent of the developmental center, appointed in accordance with Subsection, shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in developmental d…

26B-6-509. Powers and duties of superintendent. The chief administrative officer of the developmental center is the superintendent, and has the following powers and duties: (1) to manage the developmental center and administer the division's rules governing the developmental cent…

26B-6-601. Definitions. The definitions in Sectionapply to this part.

26B-6-602. Division responsibility. The division is responsible: (1) for the supervision, care, and treatment of persons with an intellectual disability in this state who are committed to the division's jurisdiction under the provisions of this part; and (2) to evaluate and deter…

26B-6-603. Residency requirements -- Transportation of person to another state. (1) A person with an intellectual disability who has a parent or guardian residing in this state may be admitted to an intermediate care facility for people with an intellectual disability in accordan…

26B-6-604. Commitment -- Individual who is under 18 years old. (1) The director of the division, or the director's designee, may commit an individual under 18 years old who has an intellectual disability or symptoms of an intellectual disability, to the division for observation, …

26B-6-605. Commitment -- Individual who is 18 years old or older. (1) The director, or the director's designee may commit to the division an individual 18 years old or older who has an intellectual disability, for observation, diagnosis, care, and treatment if that commitment is …

26B-6-606. Involuntary commitment. An individual with an intellectual disability or related condition may not be involuntarily committed to the division except in accordance with Sectionsand.

26B-6-607. Temporary emergency commitment -- Observation and evaluation. (1) An individual with an intellectual disability or related condition may be committed to the division on an emergency basis upon certification by a designated intellectual disability professional stating t…

26B-6-608. Involuntary commitment -- Procedures -- Necessary findings -- Periodic review. (1) Any responsible person who has reason to know that an individual is in need of commitment, who has a belief that the individual has an intellectual disability or related condition, and w…

26B-6-609. Transfer -- Procedures. (1) The director of the division, or the director's designee, may place an involuntarily committed resident in appropriate care or treatment outside the intermediate care facility for people with an intellectual disability. During that placement…

26B-6-610. Petition for reexamination. (1) A resident committed under Section, or his parent, spouse, legal guardian, relative, or attorney, may file a petition for reexamination with the district court of the county in which the resident is domiciled or detained. 26B-6-608 (2) U…

26B-6-611. Temporary detention. (1) Pending removal to an intermediate care facility for people with an intellectual disability, an individual taken into custody or ordered to be committed under this part may be detained in the individual's home, or in some other suitable facilit…

26B-6-612. Authority to transfer resident. (1) The administrator of an intermediate care facility for people with an intellectual disability, or the administrator's designee, may transfer or authorize the transfer of a resident to another intermediate care facility for people wit…

26B-6-613. Involuntary treatment with medication -- Committee -- Findings. (1) If, after commitment, a resident elects to refuse treatment with medication, the director, the administrator of the intermediate care facility for people with an intellectual disability, or a designee,…

26B-6-701. Definitions. In addition to the definitions in Section, as used in this part: (1) "Complainant" means a person who initiates a complaint. (2) "Complaint" means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of a…

26B-6-702. Disability ombudsman -- Purpose -- Appointment -- Qualifications -- Staff. (1) There is created within the department the position of disability ombudsman for the purpose of promoting, advocating, and ensuring the rights and privileges of an individual with a disabilit…

26B-6-703. Powers and duties of ombudsman. The ombudsman shall: (1) develop and maintain expertise in laws and policies governing the rights and privileges of an individual with a disability; (2) provide training and information to private citizens, civic groups, governmental ent…

26B-6-704. Investigation of complaints -- Procedures -- Rulemaking. (1) Except as provided in Subsection, the ombudsman shall, upon receipt of a complaint, investigate the complaint. (3) (2) An ombudsman's investigation of a complaint may include: a referral to a governmental ent…

26B-6-705. Confidentiality of materials relating to complaints or investigations -- Rulemaking. (1) The division shall establish procedures by rule made in accordance with, to ensure that a record maintained by the ombudsman is disclosed only at the discretion of and under the au…

26B-6-801. Definitions. As used in this part: (1) "Disability" has the same meaning as defined in 42 U.S.C. Sec. 12102 of the Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. Sec. 36.104, as may be amended in the future. (2) "Informed consen…

26B-6-802. Rights and privileges of an individual with a disability. (1) An individual with a disability has the same rights and privileges in the use of highways, streets, sidewalks, walkways, public buildings, public facilities, and other public areas as an individual who is no…

26B-6-803. Right to be accompanied by service animal or support animal -- Security deposits -- Discrimination -- Liability. (1) An individual with a disability has the right to be accompanied by a service animal, unless the service animal is a danger or nuisance to others as inte…

26B-6-804. Policy of state to employ individuals with a disability. It is the policy of this state that an individual with a disability is employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment sup…

26B-6-805. Interference with rights provided in this part -- Misrepresentation of rights under this part. (1) Any individual, or agent of any individual, who denies or interferes with the rights provided in this chapter is guilty of a class C misdemeanor. (2) An individual is gui…

26B-6-806. Sterilization of persons 18 years old or older. (1) It is lawful for a physician to sterilize a person who is 18 years old or older and who has the capacity to give informed consent. (2) It is unlawful for a physician to sterilize a person who is 18 years old or older …

26B-6-807. Sterilization of persons under 18 years old. It is unlawful for a physician to sterilize a person who is under 18 years old unless: (1) the person is married or otherwise emancipated and the physician, through careful examination and counseling, ensures that the person…

26B-6-808. Emergency -- Medical necessity. If an emergency situation exists that prevents compliance with Sectionorbecause of medical necessity, if delay in performing the sterilization could result in serious physical injury or death to the person, the attending physician shall …

26B-6-809. Persons who may give informed consent. For purposes of this part, the following persons may give informed consent to sterilization: (1) a person who is the subject of sterilization, if the person is capable of giving informed consent; and (2) a person appointed by the …

26B-6-810. Declaration of capacity to give informed consent -- Hearing. (1) A person who desires sterilization but whose capacity to give informed consent is questioned by any interested party may file a petition for declaration of capacity to give informed consent. (2) If, after…

26B-6-811. Petition for order authorizing sterilization. (1) A petition for an order authorizing sterilization may be filed by a person who desires sterilization, or by the person's parent, spouse, guardian, custodian, or other interested party. (2) The court shall adjudicate the…

26B-6-812. Factors to be considered by court -- Evaluations -- Interview -- Findings of fact. (1) If the court finds that the subject of sterilization is not capable of giving informed consent, the court shall consider, but not by way of limitation, the following factors concerni…

26B-6-813. Advanced hearing. On motion by the person seeking sterilization or by any other party to the proceeding, the court may advance hearing on the petition.

26B-6-814. Notice of hearing -- Service. (1) A copy of the petition and notice of the hearing shall be served personally on the person to be sterilized not less than 20 days before the hearing date. (2) The notice shall state the date, time, and place of the hearing, and shall sp…

26B-6-815. Guardian ad litem -- Procedural rights. (1) The court shall appoint an attorney to act as guardian ad litem to defend the rights and interests of the person to be sterilized. (2) The person to be sterilized is entitled to appear and testify at the hearing, to examine a…

26B-6-816. Jury -- Rules of evidence -- Transcript -- Burden of proof. (1) The petitioner is entitled to request a jury to hear the petition. (2) The rules of evidence apply in any hearing on a petition for sterilization. (3) A transcript shall be made of the hearing and shall be…

26B-6-817. Appeal to Supreme Court -- Stay. (1) Any party to a proceeding under this chapter may file a notice of appeal from any adverse decision with the Supreme Court in accordance with Rule 73, Utah Rules of Civil Procedure. (2) The pendency of an appeal in the Supreme Court …

26B-6-818. Treatment for therapeutic reasons unaffected. Nothing in this chapter shall be construed to prevent the medical or surgical treatment, for sound therapeutic reasons, of any person by a physician or surgeon licensed by this state, which treatment may incidentally involv…

26B-6-819. Immunity. (1) A physician, assistant, or any other person acting pursuant to an order authorizing sterilization, as provided in this part, is not civilly or criminally liable for participation in or assistance to sterilization. (2) This section does not apply to neglig…

26B-6-820. Unauthorized sterilization -- Criminal penalty. Except as authorized by this part, any person who intentionally performs, encourages, assists in, or otherwise promotes the performance of a sterilization procedure for the purpose of destroying the power to procreate the…

26B-6-821. Annual "White Cane Safety Day" proclaimed. Each year the governor shall take notice of October 15 as White Cane Safety Day.

26B-6-901. Definitions. As used in this part: (1) "Appropriate for the need of the individual" means the services, treatment, and medications recommended by the disabled individual's physical health or mental health provider. (2) "Disabled individual" means a person with a disabi…

26B-6-902. State protection and advocacy agency. (1) The state protection and advocacy agency should: represent and advocate for the interests of all disabled individuals in the state; annually hold at least three meetings with the public throughout the state to: understand the n…