Utah Code 26B-5-361. Release of voluntary adult — Exceptions
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(1) Except as provided in Subsection (2), a mental health facility shall immediately release an adult patient:
Terms Used In Utah Code 26B-5-361
- Adult: means an individual 18 years old or older. 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
- Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
- Mental health facility: means the Utah State Hospital or other facility that provides mental health services under contract with the division, a local mental health authority, a person that contracts with a local mental health authority, or a person that provides acute inpatient psychiatric services to a patient. 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
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) who is voluntarily admitted, as described in Section 26B-5-360, and who requests release, verbally or in writing; or(1)(b) whose release is requested in writing by the patient’s legal guardian, parent, spouse, or adult next of kin.(2)(2)(a) An adult patient’s release under Subsection (1) may be conditioned upon the agreement of the patient, if:(2)(a)(i) the request for release is made by an individual other than the patient; or(2)(a)(ii) the admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility has cause to believe that release of the patient would be unsafe for the patient or others.(2)(b)(2)(b)(i) An adult patient’s release may be postponed for up to 48 hours, excluding weekends and holidays, if the admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility causes involuntary commitment proceedings to be commenced with the court within the specified time period.(2)(b)(ii) The admitting local mental health authority, the designee of the local mental health authority, or the admitting mental health facility shall provide written notice of the postponement and the reasons for the postponement to the patient without undue delay.(3) A judicial proceeding for involuntary commitment may not be commenced with respect to a voluntary patient unless the patient requests release. - Writing: includes :