§ 33-6-1012. Admission to Treatment Not to Be Conditioned on Execution of Declaration for Mental Health Treatment
No mental health service provider, medical service plan, health maintenance organization, insurer issuing disability insurance, self-insured employee welfare plan, or nonprofit hospital plan, or any similar insurance or medical plan, may condition admission to a mental health facility or providing mental or physical health treatment or insurance on the requirement that a person execute a […]
§ 33-6-1013. Destruction or Alteration of Declaration Prohibited — Penalty
It is an offense for a person, without authorization of the service recipient, intentionally to alter, forge, conceal, or destroy a declaration for mental health treatment, the revocation of a declaration, or any other evidence or document reflecting the service recipient’s desires and interests, with the intent or effect of affecting the service recipient’s mental […]
§ 33-6-1014. Standard Form for Declaration for Mental Health Treatment
The department shall make available a standard form and explanation for declarations for mental health treatment in simple language and easily read type with adequate space to express the preferences and instructions of the service recipient. The form shall include at least the following information: The effect of making the declaration; The basic power of […]
§ 33-6-901. Transportation of Persons Under Part 4 or 5 of This Chapter by Sheriff, Secondary Transport Agent, Municipal Officer or Other Authorized Person
The sheriff in a county in which a person with mental illness or serious emotional disturbance is to be transported under part 4 or 5 of this chapter, shall transport the person except for persons who are transported by: A secondary transportation agent under this section; A municipal law enforcement agency that meets the requirements […]
§ 33-6-902. Transportation of Patient to Hospital — Temporary Detention
Whenever a person is about to be admitted to a hospital or treatment resource under chapter 6, part 5 of this title, the court shall arrange for the transportation of the person to the hospital. Whenever practicable, the person to be hospitalized shall be permitted to be accompanied by one (1) or more friends or […]
§ 33-6-1001. Declaration for Mental Health Treatment Authorized — Contents
A competent adult may make a declaration for mental health treatment to express the person’s preferences and instructions about participation in mental health treatment, including hospitalization for a maximum of fifteen (15) days, psychoactive and other medications, and electroconvulsive and other convulsive therapies. The declaration may include consent to or refusal to permit mental health […]
§ 33-6-1002. “Incapable of Making Mental Health Treatment Decisions” Defined
IF AND ONLY IF a court determines in a proceeding to appoint a conservator under title 34, chapters 1 and 3, that a person is currently unable to make an informed decision about mental health treatment as shown by the fact that the person is not able to understand the proposed procedure, its risks and […]
§ 33-6-1003. Duration of Declaration — Expiration — Revocation
A declaration for mental health treatment continues in effect for two (2) years, for a lesser period if so stated, or until revoked, whichever is sooner. If a declaration for mental health treatment has been invoked and is in effect at the expiration date, the declaration remains effective until the service recipient is capable of […]
§ 33-6-1004. Signature Required — Witnesses
A declaration is effective only if it is signed by the service recipient and two (2) competent adult witnesses and is not signed on the premises of a mental health service provider. The witnesses shall attest that the service recipient is personally known to them; signed the declaration in their presence; talked with the witnesses […]
§ 33-6-1005. Effective Date and Applicability of Declaration — Compliance
A declaration becomes effective when it is signed by the declarant and all witnesses and remains valid until revoked or expired. The physician or provider shall act in accordance with an operative declaration when the service recipient has been found to be incapable of making mental health treatment decisions. The physician or provider shall continue […]