(1) A designated examiner shall consider a proposed patient‘s mental health history when evaluating a proposed patient.

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Terms Used In Utah Code 26B-5-339

  • Assisted outpatient treatment: means involuntary outpatient mental health treatment ordered under Section 26B-5-351. See Utah Code 26B-5-301
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Designated examiner: means :
         (8)(a) a licensed physician, preferably a psychiatrist, who is designated by the division as specially qualified by training or experience in the diagnosis of mental or related illness; or
         (8)(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 mental illness. 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
  • 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
(2) A designated examiner may request a court order to obtain a proposed patient’s mental health records if a proposed patient refuses to share this information with the designated examiner.
(3) A designated examiner, when evaluating a proposed patient for civil commitment, shall consider whether:

     (3)(a) a proposed patient has been under a court order for assisted outpatient treatment;
     (3)(b) the proposed patient complied with the terms of the assisted outpatient treatment order, if any; and
     (3)(c) whether assisted outpatient treatment is sufficient to meet the proposed patient’s needs.
(4) A designated examiner shall be allowed a reasonable fee by the county legislative body of the county in which the proposed patient resides or is found, unless the designated examiner is otherwise paid.