Utah Code 26B-5-310. Restrictions and limitations — Civil rights and privileges
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(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:
Terms Used In Utah Code 26B-5-310
- Approved treatment facility or program: means a mental health or substance use treatment provider that meets the goals and measurements described in Subsection 26B-5-102(2)(j). See Utah Code 26B-5-301
- 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 a person that has contracted with a local mental health authority to provide mental health services under Section 17-43-304. See Utah Code 26B-5-301
- Director: means the director appointed under Section
26B-5-103 . See Utah Code 26B-5-101 - Division: means the Division of Integrated Healthcare created in Section
26B-1-1202 . See Utah Code 26B-5-101 - Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- Local substance abuse authority: means the same as that term is defined in Section 26B-5-101 and described in Section 17-43-201. See Utah Code 26B-5-301
- Patient: means an individual who is:(20)(a) under commitment to the custody or to the treatment services of a local mental health authority; or(20)(b) undergoing essential treatment and intervention. See Utah Code 26B-5-301
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Treatment: means psychotherapy, medication, including the administration of psychotropic medication, or other medical treatments that are generally accepted medical or psychosocial interventions for the purpose of restoring the patient to an optimal level of functioning in the least restrictive environment. See Utah Code 26B-5-301
(1)(a) communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside the facility;(1)(b) receive visitors; and(1)(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, 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, the patient’s attorney, and the court, if any, that ordered 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, created by the division, describing a patient’s rights under Utah law.
(6) Notwithstanding Section 53B-17-303, an individual committed under this chapter has the right to determine the final disposition of that individual’s body after death.