62A-15-704 - Invasive treatment -- Due process proceedings. - Utah Statutes

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Statutes > Utah > Title-62a > Chapter-15 > 62a-15-704

62A-15-704. Invasive treatment -- Due process proceedings.
(1) For purposes of this section, "invasive treatment" means treatment in which aconstitutionally protected liberty or privacy interest may be affected, including antipsychoticmedication, electroshock therapy, and psychosurgery.
(2) The requirements of this section apply to all children receiving services or treatmentfrom a local mental health authority, its designee, or its provider regardless of whether a localmental health authority has physical custody of the child or the child is receiving outpatienttreatment from the local authority, its designee, or provider.
(3) (a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act, establishing due process procedures for children prior toany invasive treatment as follows:
(i) with regard to antipsychotic medications, if either the parent or child disagrees withthat treatment, a due process proceeding shall be held in compliance with the proceduresestablished under this Subsection (3);
(ii) with regard to psychosurgery and electroshock therapy, a due process proceedingshall be conducted pursuant to the procedures established under this Subsection (3), regardless ofwhether the parent or child agree or disagree with the treatment; and
(iii) other possible invasive treatments may be conducted unless either the parent or childdisagrees with the treatment, in which case a due process proceeding shall be conducted pursuantto the procedures established under this Subsection (3).
(b) In promulgating the rules required by Subsection (3)(a), the division shall considerthe advisability of utilizing an administrative law judge, court proceedings, a neutral anddetached fact finder, and other methods of providing due process for the purposes of this section. The division shall also establish the criteria and basis for determining when invasive treatmentshould be administered.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

Statutes > Utah > Title-62a > Chapter-15 > 62a-15-704

62A-15-704. Invasive treatment -- Due process proceedings.
(1) For purposes of this section, "invasive treatment" means treatment in which aconstitutionally protected liberty or privacy interest may be affected, including antipsychoticmedication, electroshock therapy, and psychosurgery.
(2) The requirements of this section apply to all children receiving services or treatmentfrom a local mental health authority, its designee, or its provider regardless of whether a localmental health authority has physical custody of the child or the child is receiving outpatienttreatment from the local authority, its designee, or provider.
(3) (a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act, establishing due process procedures for children prior toany invasive treatment as follows:
(i) with regard to antipsychotic medications, if either the parent or child disagrees withthat treatment, a due process proceeding shall be held in compliance with the proceduresestablished under this Subsection (3);
(ii) with regard to psychosurgery and electroshock therapy, a due process proceedingshall be conducted pursuant to the procedures established under this Subsection (3), regardless ofwhether the parent or child agree or disagree with the treatment; and
(iii) other possible invasive treatments may be conducted unless either the parent or childdisagrees with the treatment, in which case a due process proceeding shall be conducted pursuantto the procedures established under this Subsection (3).
(b) In promulgating the rules required by Subsection (3)(a), the division shall considerthe advisability of utilizing an administrative law judge, court proceedings, a neutral anddetached fact finder, and other methods of providing due process for the purposes of this section. The division shall also establish the criteria and basis for determining when invasive treatmentshould be administered.

Amended by Chapter 382, 2008 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-62a > Chapter-15 > 62a-15-704

62A-15-704. Invasive treatment -- Due process proceedings.
(1) For purposes of this section, "invasive treatment" means treatment in which aconstitutionally protected liberty or privacy interest may be affected, including antipsychoticmedication, electroshock therapy, and psychosurgery.
(2) The requirements of this section apply to all children receiving services or treatmentfrom a local mental health authority, its designee, or its provider regardless of whether a localmental health authority has physical custody of the child or the child is receiving outpatienttreatment from the local authority, its designee, or provider.
(3) (a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act, establishing due process procedures for children prior toany invasive treatment as follows:
(i) with regard to antipsychotic medications, if either the parent or child disagrees withthat treatment, a due process proceeding shall be held in compliance with the proceduresestablished under this Subsection (3);
(ii) with regard to psychosurgery and electroshock therapy, a due process proceedingshall be conducted pursuant to the procedures established under this Subsection (3), regardless ofwhether the parent or child agree or disagree with the treatment; and
(iii) other possible invasive treatments may be conducted unless either the parent or childdisagrees with the treatment, in which case a due process proceeding shall be conducted pursuantto the procedures established under this Subsection (3).
(b) In promulgating the rules required by Subsection (3)(a), the division shall considerthe advisability of utilizing an administrative law judge, court proceedings, a neutral anddetached fact finder, and other methods of providing due process for the purposes of this section. The division shall also establish the criteria and basis for determining when invasive treatmentshould be administered.

Amended by Chapter 382, 2008 General Session