Chapter 3 - General Rules Applicable to Service Recipients
- Part 1 - General Rights of All Service Recipients
- 33-3-101 - Rights of persons under this title equal to those of other persons except as limited by this title.
- 33-3-102 - Specific rights protected.
- 33-3-103 - Confidentiality of mental health records.
- 33-3-104 - Persons who may consent to disclosure of confidential information.
- 33-3-105 - Disclosure of confidential information without consent.
- 33-3-106 - Disclosure to advocacy agency Disclosure to organization paying for treatment Limitations.
- 33-3-107 - Rules relating to disclosure of confidential information.
- 33-3-108 - Access permitted for reports of harm and granting of access in cases of abuse.
- 33-3-109 - Release of information to family members and other designated persons Acceptance of information from family members of service recipients.
- 33-3-110 - Disclosure to law enforcement agencies in cases of felony acts of bodily harm or sexual abuse.
- 33-3-111 - Records of child service recipient not available to person accused of abusing recipient Exceptions and limitations.
- 33-3-112 - Disclosure to service recipient of records kept and procedures for accessing records.
- 33-3-113 - Request by recipient to have record amended.
- 33-3-114 - Exceptions to evidentiary privilege of mental health professionals.
- 33-3-115 - Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by any clerk of court that maintains records of an adjudication as a
- 33-3-116 - Penalty for violation. . [Transferred and amended effective January 1, 2010. See the Compiler
- 33-3-117 - 33-3-119. [Reserved.]
- 33-3-120 - Isolation and restraints prohibited Exceptions and limitations.
- 33-3-121 - 33-3-124. [Reserved.]
- 33-3-125 - Professional not to be related or to have financial interest.
- 33-3-126 - Right to religious expression.
- Part 2 - Special Liability Rules
- 33-3-201 - Liability of counselor for suicide or attempted suicide of person counseled.
- 33-3-202 - Director of not-for-profit corporation providing service not liable for torts of recipients.
- 33-3-203 - 33-3-205. [Reserved.]
- 33-3-206 - Duty to predict, warn or take precautions to provide protection Liability.
- 33-3-207 - Discharge of duty.
- 33-3-208 - Duty of employees who transmit or record patient communications.
- 33-3-209 - Immunity from liability where duty satisfied.
- 33-3-210 - , 33-3-211. [Reserved.]
- 33-3-212 - Immunity for refusal to perform act prohibited by this title.
- 33-3-213 - 33-3-216. [Reserved.]
- 33-3-217 - Uniform assessment process for determining recipient's decision making capacity.
- 33-3-218 - Decision making capacity of recipient.
- 33-3-219 - Surrogate decision maker for medical decisions Immunity from liability.
- 33-3-220 - Eligibility to serve as surrogate decision maker.
- 33-3-221 - Immunity of medical professional acting in accordance with decision of surrogate decision maker.
- Part 3 - Transfers of Residential Service Recipients
- Part 4 - Transfers from Department of Correction and Department of Children's Services
- 33-3-401 - Mentally ill or retarded minors in youth development centers.
- 33-3-402 - Mentally ill or retarded adult inmates.
- 33-3-403 - Emergency residential care and treatment.
- 33-3-404 - Transfer committees Appointment of members.
- 33-3-405 - Transfer committee Chair Vice chair Voting Hearings Rights of transferees Evidence.
- 33-3-406 - Approval or disapproval of transfer.
- 33-3-407 - When person to be transferred.
- 33-3-408 - Determination of appropriateness of transfer.
- 33-3-409 - Return of transferee from public facility.
- 33-3-410 - Return of transferee from private facility.
- 33-3-411 - Runaways Custody.
- 33-3-412 - Emergency residential care and treatment for minors in youth development centers.
- Part 5 - Judicial Procedures Generally
- 33-3-501 - Patient or resident not released during pendency of proceedings Exceptions.
- 33-3-502 - Record of proceedings Copy of court order with recipient's history to hospital or developmental center.
- 33-3-503 - Costs of proceedings.
- 33-3-504 - Physician, psychologist, or other person, as witness.
- 33-3-505 - Use of audio visual technology in judicial proceeding.
- 33-3-506 - Delivery of pleadings and certificates of need for care and treatment by telefax transmission.
- Part 6 - Judicial Procedures for Residential Treatment
- 33-3-601 - Application of part.
- 33-3-602 - Contents of complaint for commitment.
- 33-3-603 - Jurisdiction and venue.
- 33-3-604 - [Reserved.]
- 33-3-605 - Service on defendant.
- 33-3-606 - Time for hearing.
- 33-3-607 - Examination of defendant Detention and release.
- 33-3-608 - Attorney Notification of representation - Appointment by court.
- 33-3-609 - Jury trial.
- 33-3-610 - Place of hearing.
- 33-3-611 - Transportation to hearing.
- 33-3-612 - Evidence Witnesses Continuances Presence or exclusion of defendant.
- 33-3-613 - Conduct of hearing.
- 33-3-614 - Names of examining professionals Availability to defendant.
- 33-3-615 - Testimony of professionals Depositions or affidavits.
- 33-3-616 - Place of detention.
- 33-3-617 - Requisites for commitment.
- 33-3-618 - Dismissal of proceedings Release of defendant.
- 33-3-619 - Commitment to involuntary care Disclosure of information.
- 33-3-620 - Appeals.
- Part 7 - Judicial Procedures for Review of Transfers
- 33-3-701 - Commencement of proceedings.
- 33-3-702 - Notice of complaint and hearing.
- 33-3-703 - When hearings held Continuances.
- 33-3-704 - Transferee's attorney.
- 33-3-705 - Jury trial.
- 33-3-706 - Place of hearings Exclusion of public.
- 33-3-707 - Hearings Parties Evidence Witnesses Conduct.
- 33-3-708 - Hearings informal.
- 33-3-709 - Testimony of examining professionals Depositions and affidavits.
- 33-3-710 - Findings by court or jury.
- 33-3-711 - Limitations on filing complaint.
- Part 8 - Habeas Corpus
- Part 9 - Violations of Service Recipient Rights
- 33-3-901 - Wrongful hospitalization or admission Instituting wrongful action Penalties Immunity.
- 33-3-902 - Furnishing false information Misdemeanor.
- 33-3-903 - Sexual relations with service recipient.
- 33-3-904 - Aiding or abetting escape Inciting service recipient to violence Supplying with dangerous or intoxicating substances.