Section 639 – Standards for care and treatment.
62A-15-639. Standards for care and treatment. Every patient is entitled to humane care and treatment and to medical care and treatment in accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice, social work practice, and the practice of clinical psychology. Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended […]
Section 640 – Mechanical restraints and medication — Clinical record.
62A-15-640. Mechanical restraints and medication — Clinical record. (1) Mechanical restraints may not be applied to a patient unless it is determined by the director or his designee to be required by the needs of the patient. Every use of a mechanical restraint and the reasons therefor shall be made a part of the patient’s […]
Section 641 – Restrictions and limitations — Civil rights and privileges.
Effective 5/9/2017 62A-15-641. Restrictions and limitations — Civil rights and privileges. (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: (a) communicate, by sealed mail […]
Section 642 – Habeas corpus.
62A-15-642. Habeas corpus. Any individual detained pursuant to this part is entitled to the writ of habeas corpus upon proper petition by himself or a friend, to the district court in the county in which he is detained. Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special […]
Section 643 – Confidentiality of information and records — Exceptions — Penalty.
62A-15-643. Confidentiality of information and records — Exceptions — Penalty. (1) All certificates, applications, records, and reports made for the purpose of this part, including those made on judicial proceedings for involuntary commitment, that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall […]
Section 644 – Additional powers of director — Reports and records of division.
62A-15-644. Additional powers of director — Reports and records of division. (1) In addition to specific authority granted by other provisions of this part, the director has authority to prescribe the form of applications, records, reports, and medical certificates provided for under this part, and the information required to be contained therein, and to adopt […]
Section 645 – Retrospective effect of provisions.
62A-15-645. Retrospective effect of provisions. Patients who were in a mental health facility on May 8, 1951, shall be deemed to have been admitted under the provisions of this part appropriate in each instance, and their care, custody, and rights shall be governed by this part. Renumbered and Amended by Chapter 8, 2002 Special Session […]
Section 646 – Commitment and care of criminally insane.
62A-15-646. Commitment and care of criminally insane. Nothing contained in this part may be construed to alter or change the method presently employed for the commitment and care of the criminally insane as provided in Title 77, Chapter 15, Inquiry into Sanity of Defendant. Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and […]
Section 647 – Severability.
62A-15-647. Severability. If any one or more provision, section, subsection, sentence, clause, phrase, or word of this part, or the application thereof to any person or circumstance, is found to be unconstitutional the same is hereby declared to be severable and the balance of this part shall remain effective notwithstanding that unconstitutionality. The Legislature hereby […]
Section 634 – Detention pending placement in custody.
62A-15-634. Detention pending placement in custody. Pending commitment to a local mental health authority, a patient taken into custody or ordered to be committed pursuant to this part may be detained in the patient’s home, a licensed foster home, or any other suitable facility under reasonable conditions prescribed by the local mental health authority. Except […]