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Section 1201 – Statement of legislative intent.

Effective 5/9/2017 62A-15-1201. Statement of legislative intent. To address the serious public health crisis of substance use disorder related deaths and life-threatening opioid addiction, and to allow and enable caring relatives to seek essential treatment and intervention, as may be necessary, on behalf of a sufferer of a substance use disorder, the Legislature enacts the […]

Section 1203 – Petition for essential treatment — Contents — Commitment to pay.

Effective 5/8/2018 62A-15-1203. Petition for essential treatment — Contents — Commitment to pay. (1) A relative seeking essential treatment and intervention for a sufferer of a substance use disorder may file a petition with the district court of the county in which the sufferer of the substance use disorder resides or is found. (2) The […]

Section 1204 – Criteria for essential treatment and intervention.

Effective 5/9/2017 62A-15-1204. Criteria for essential treatment and intervention. A district court shall order an individual to undergo essential treatment for a substance use disorder when the district court determines by clear and convincing evidence that the individual: (1) suffers from a substance use disorder; (2) can reasonably benefit from the essential treatment; (3) is […]

Section 1205 – Proceeding for essential treatment — Duties of court — Disposition.

Effective 5/8/2018 62A-15-1205. Proceeding for essential treatment — Duties of court — Disposition. (1) A district court shall review the assertions contained in the verified petition described in Section 62A-15-1203. (2) If the court determines that the assertions, if true, are sufficient to order the respondent to undergo essential treatment, the court shall: (a) set […]

Section 1205.5 – Failure to comply with court order.

Effective 5/8/2018 62A-15-1205.5. Failure to comply with court order. (1) The provisions of this section apply after a respondent has been afforded full due process rights, as provided in this Essential Treatment and Intervention Act, including notice, an opportunity to respond and appear at a hearing, and, as applicable, the court’s finding that the evidence […]

Section 1206 – Periodic review — Discharge.

Effective 5/9/2017 62A-15-1206. Periodic review — Discharge. A local substance abuse authority or an approved treatment facility or program that provides essential treatment shall: (1) at least every 90 days after the day on which a patient is admitted, unless a court orders otherwise, examine or cause to be examined a patient who has been […]

Section 1207 – Seventy-two-hour emergency treatment pending a final court order.

Effective 5/8/2018 62A-15-1207. Seventy-two-hour emergency treatment pending a final court order. (1) A court may order a respondent to be hospitalized for up to 72 hours if: (a) an essential treatment examiner has examined the respondent and certified that the respondent meets the criteria described in Section 62A-15-1204; and (b) the court finds by clear […]

Section 1207.5 – Emergency, life saving treatment — Temporary personal representative.

Effective 5/8/2018 62A-15-1207.5. Emergency, life saving treatment — Temporary personal representative. (1) When an individual receives emergency, life saving treatment: (a) a licensed health care professional, at the health care facility where the emergency, life saving treatment is provided, may ask the individual who, if anyone, may be contacted and informed regarding the individual’s treatment; […]

Section 1208 – Confidentiality.

Effective 5/9/2017 62A-15-1208. Confidentiality. (1) The purpose of Part 12, Essential Treatment and Intervention Act, is to provide a process for essential treatment and intervention to save lives, preserve families, and reduce substance use disorder, including opioid addiction. (2) An essential treatment petition and any other document filed in connection with the petition for essential […]

Section 1209 – Essential treatment for substance use disorder — Rights of patient.

Effective 5/9/2017 62A-15-1209. Essential treatment for substance use disorder — Rights of patient. All applicable rights guaranteed to a patient by Sections 62A-15-641 and 62A-15-642 shall be guaranteed to an individual who is ordered to undergo essential treatment for a substance use disorder. Enacted by Chapter 408, 2017 General Session