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Chapter 1 - General Provisions
Part 1 - Definitions
§ 33-1-101. Title Definitions - As used in this title, unless the context otherwise requires:...
Part 2 - Policies, Values, and Principles
§ 33-1-201. Responsibilities of Department — State Policy Toward Mental Health and Developmental Disabilities - The department serves as the state's mental health and developmental...
§ 33-1-202. Statement of Values Underlying Title - Values upon which the law is predicated include, but are...
§ 33-1-203. Principles of Service - The following service principles are fundamental to carrying out the...
Part 3 - General Powers and Duties of Department
§ 33-1-303. Powers of Commissioner - The commissioner may:
§ 33-1-304. Duties of Commissioner - The commissioner shall:
§ 33-1-305. Power of Commissioner to Adopt Rules, Prescribe Forms and Investigate Complaints - The commissioner may:
§ 33-1-306. Designation of Administrative Law Judges or Hearing Officers - The commissioner may designate employees as administrative law judges or...
§ 33-1-307. Departmental Information Systems - The department shall establish a structured information system to gather...
§ 33-1-310. Power to Assume Temporary Control of Facility in Event of Emergency - If the department determines that an emergency substantially impairs a...
§ 33-1-311. Development of Interagency Projects and Programs - The department shall involve the council on children's mental health...
Part 4 - Statewide Planning and Policy Council -
Chapter 2 - Services and Facilities
Part 1 - Community Service System
§ 33-2-101. Services and Support to Be Community-Based System - The department shall plan, coordinate, administer, monitor, and evaluate state...
§ 33-2-103. Requirements for Community-Based Systems - The state will accomplish its purposes through community-based systems that...
§ 33-2-104. Core Values of Service System - The core values of the service system shall include:
§ 33-2-105. Geographic Area for Service Systems — Designation of Information Sources - The department shall establish areas for planning and resource allocation....
Part 2 - Service System Assessment and Planning
§ 33-2-202. Developmental Disabilities Planning and Policy, Mental Health Planning and Policy, and Regional Planning and Policy Councils Established - The department shall establish a state developmental disabilities planning and...
§ 33-2-203. Councils — Purpose — Membership - The councils are to provide citizen participation in policy planning...
Part 3 - Setting Service Standards
§ 33-2-302. Regulation of Compliance - The department shall regulate compliance with basic quality standards to...
§ 33-2-303. Contracting for Higher Standards Authorized - The department may contract for higher performance standards than the...
Part 4 - Mental Health, Alcohol and Drug Abuse Prevention And/or Treatment, Intellectual and Developmental Disabilities, and Personal Support Services Licensure Law
§ 33-2-401. Short Title - This part shall be known and may be cited as...
§ 33-2-402. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-2-406. Application for Licensure - creates a presumption that the applicant or licensee does not...
§ 33-2-411. Surveyor to Notify Licensee of Violations - If a licensure surveyor finds a violation of a statute...
§ 33-2-414. Departmental Assistance to Applicants and to Service Recipients Affected by License Denial, Suspension or Revocation - The department may provide assistance to applicants for a license...
§ 33-2-420. Dual Licensing Not Required - If an agency is licensed as a personal support services...
Part 5 - Transportation
§ 33-2-501. Transportation Options - The department shall develop an array of options for transportation...
§ 33-2-502. Meeting on Transportation Services - The department shall, at least annually, convene a meeting on...
Part 6 - Conflict Resolution
§ 33-2-601. Rules for Conflict Resolution Procedures - The department shall adopt rules for conflict resolution procedures to...
§ 33-2-602. Licensees to Adopt Conflict Resolution Procedures and Appeal Processes - Every licensee under this title shall have a clear conflict...
§ 33-2-605. Applicability to Grievances Pertaining to Family Support Program - This part does not apply to grievances that are to...
Part 7 - Community Mental Health Center Cooperation Act
§ 33-2-701. Short Title - This part shall be known and may be cited as...
§ 33-2-702. Statement of Policy - It is the policy of this state to displace competition...
§ 33-2-703. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-2-705. Judicial Review of Department Decision - Any applicant or intervenor aggrieved by a decision of the...
§ 33-2-707. Application Fees - The department has the authority to establish reasonable application fees...
§ 33-2-708. Center Not Authorized to Act as Insurer - Unless otherwise permitted by law, nothing in this part shall...
§ 33-2-709. Part Not Deemed to Authorize Referral to Provider-Owned Facility in Violation of Law - Nothing in this part shall be deemed to permit any...
Part 8 - State Facilities
§ 33-2-802. Bond of Chief Officer - Each chief officer shall give an official bond, in a...
§ 33-2-804. Officials Prohibited From Trafficking in Supplies - Officials connected with management of any of the department's facilities...
§ 33-2-805. Police Powers of Security Guards - The security guards at all department facilities and other personnel...
§ 33-2-806. Trespassing on Hospital or Developmental Center Grounds — Penalty - The enclosed premises and the adjoining land belonging to or...
Part 9 - Boards of Trustees for State Facilities -
Part 10 - Costs in Private Nonprofit Facilities
§ 33-2-1001. Nonprofit Service Providers — Purchasing Arrangements - Any corporation that is exempted from taxation under 26 U.S.C....
Part 11 - Costs in State Facilities
§ 33-2-1103. Persons Liable for Charges - If a person is a service recipient in a program...
§ 33-2-1104. Nonindigent Recipients - If a service recipient who is not indigent receives service...
§ 33-2-1106. Person Receiving Services Under Court Order - If a service recipient obtains services and supports under a...
§ 33-2-1107. Claims Against Recipients - The state has a continuing claim against the recipient of...
§ 33-2-1108. Voluntary Contribution of Funds - If a person who is not legally responsible to pay...
§ 33-2-1110. Discrimination for Inability to Pay Prohibited - There shall be no discrimination in provision of services or...
Part 12 - Personnel and Volunteers
§ 33-2-1203. Contracting for Temporary Staffing to Maintain Suitable Available Accommodations - If, in the commissioner's judgment, the occupancy level at a...
§ 33-2-1204. Phasing in of Reductions in Bed Capacity at State-Owned or Operated Facilities - Reductions in bed capacity at state-owned or operated hospitals or...
Part 13 - Conflict of Interest
§ 33-2-1301. Department Officers, Employees and Licensees to Disclose Interest in Mental Health Facilities — Conflict of Interest - IF THEN
§ 33-2-1303. Contractors to Disclose Interest in Facility - A person to whom this part applies shall disclose the...
§ 33-2-1304. Personnel Records to Indicate Conflict of Interest as Reason for Relief of Duties - If a person is relieved of decision-making authority or responsibility...
Chapter 3 - General Rules Applicable to Service Recipients
Part 1 - General Rights of All Service Recipients
§ 33-3-103. Confidentiality of Mental Health Records - All applications, certificates, records, reports, legal documents, and pleadings made...
§ 33-3-104. Persons Who May Consent to Disclosure of Confidential Information - Information about a service recipient that is confidential under §...
§ 33-3-105. Disclosure of Confidential Information Without Consent - Information that is confidential under § 33-3-103 may be disclosed...
§ 33-3-107. Rules Relating to Disclosure of Confidential Information - The department may adopt rules to implement § 33-3-103 —...
§ 33-3-114. Exceptions to Evidentiary Privilege of Mental Health Professionals - Notwithstanding any evidentiary privilege a qualified mental health professional may...
§ 33-3-116. Penalty for Violation - A violation of §§ 33-3-103—33-3-115 is a Class C misdemeanor.
§ 33-3-126. Right to Religious Expression - A licensee or provider under this title may not discourage...
Part 2 - Special Liability Rules
§ 33-3-206. Duty to Predict, Warn or Take Precautions to Provide Protection — Liability - IF AND ONLY IF THEN
§ 33-3-207. Discharge of Duty - The duty imposed by § 33-3-206 may be discharged by...
§ 33-3-208. Duty of Employees Who Transmit or Record Patient Communications - IF AND ONLY IF THEN
§ 33-3-209. Immunity From Liability Where Duty Satisfied - If a professional or an employee has satisfied the person's...
§ 33-3-211. [reserved.] - IF THEN
§ 33-3-218. Decision Making Capacity of Recipient - IF THEN
§ 33-3-219. Surrogate Decision Maker for Medical Decisions — Immunity From Liability - IF THEN
§ 33-3-220. Eligibility to Serve as Surrogate Decision Maker - IF THEN
§ 33-3-221. Immunity of Medical Professional Acting in Accordance With Decision of Surrogate Decision Maker - IF THEN
Part 3 - Transfers of Residential Service Recipients
§ 33-3-302. Transfer to Veterans' Administration Facilities - Upon receipt of a certificate of the veterans' administration that...
Part 4 - Transfers From Department of Correction and Department of Children's Services
§ 33-3-404. Transfer Committees — Appointment of Members - A transfer committee consists of five (5) persons. If the...
§ 33-3-411. Runaways — Custody - If a transferee runs away from a department facility or...
Part 5 - Judicial Procedures Generally
§ 33-3-504. Physician, Psychologist, or Other Person, as Witness - A physician, psychologist, person designated by the commissioner under §...
§ 33-3-506. Delivery of Pleadings and Certificates of Need for Care and Treatment by Telefax Transmission - Pleadings and any certificates of need for care and treatment...
Part 6 - Judicial Procedures for Residential Treatment
§ 33-3-601. Application of Part - This part governs only proceedings under statutes that designate use...
§ 33-3-602. Contents of Complaint for Commitment - A complaint for commitment shall be sworn and shall show...
§ 33-3-604. [reserved.] - Upon receipt of a complaint, the clerk shall have a...
§ 33-3-606. Time for Hearing - The hearing shall be held as soon as possible, but...
§ 33-3-607. Examination of Defendant — Detention and Release - If the complaint includes or is accompanied by a sworn...
§ 33-3-608. Attorney — Notification of Representation - Appointment by Court - The defendant's attorney shall notify the court of the representation...
§ 33-3-609. Jury Trial - Either party may demand a jury trial on the issues.
§ 33-3-610. Place of Hearing - The hearing shall be conducted in a place where the...
§ 33-3-611. Transportation to Hearing - The chief officer of a facility in which the defendant...
§ 33-3-613. Conduct of Hearing - The hearing shall be conducted in as informal a manner...
§ 33-3-614. Names of Examining Professionals — Availability to Defendant - If the names of examining professionals who certified the person's...
§ 33-3-616. Place of Detention - No defendant shall be detained at a jail or other...
§ 33-3-617. Requisites for Commitment - IF AND ONLY IF THEN
§ 33-3-619. Commitment to Involuntary Care — Disclosure of Information - If a commitment to involuntary care and treatment is entered,...
§ 33-3-620. Appeals - Appeals from proceedings for involuntary care and treatment shall be...
Part 7 - Judicial Procedures for Review of Transfers
§ 33-3-701. Commencement of Proceedings - Judicial proceedings for the determination of whether a person may...
§ 33-3-702. Notice of Complaint and Hearing - Upon receipt of a complaint the clerk shall mail notice...
§ 33-3-703. When Hearings Held — Continuances - The hearing shall be held as soon as possible after...
§ 33-3-704. Transferee's Attorney - The transferee's attorney shall notify the court of the representation...
§ 33-3-705. Jury Trial - Either party may demand a jury trial on the issues.
§ 33-3-706. Place of Hearings — Exclusion of Public - The hearing shall be conducted in a place where the...
§ 33-3-708. Hearings Informal - The hearing shall be conducted in as informal a manner...
§ 33-3-709. Testimony of Examining Professionals — Depositions and Affidavits - The testimony of an examining professional may be made by...
§ 33-3-710. Findings by Court or Jury - If the court finds by a preponderance of the evidence...
§ 33-3-711. Limitations on Filing Complaint - No complaint under this part may be filed by or...
Part 8 - Habeas Corpus
§ 33-3-801. Right to File for Writ of Habeas Corpus - Any person with mental illness, serious emotional disturbance, or developmental...
§ 33-3-802. Determination of Mental Condition of Person Seeking Release - During any proceeding to determine whether to release a person...
§ 33-3-803. Disposition of Case - If the court determines that the person was not admitted...
§ 33-3-804. Order of Discharge - If the court ordering the discharge is not the court...
Part 9 - Violations of Service Recipient Rights
§ 33-3-902. Furnishing False Information — Misdemeanor - It is a Class C misdemeanor for any person knowingly...
§ 33-3-903. Sexual Relations With Service Recipient - Any employee of a service provider who has sexual intercourse...
Chapter 4 - Special Rules for Residential Service Recipients
Part 1 - Rights of Residential Service Recipients
§ 33-4-103. Notice of Admission to Guardian or Family - If a person is admitted to a hospital, developmental center,...
§ 33-4-104. Treatment for Physical Disorder Prior to Admission - In considering an applicant for admission, if it appears that...
§ 33-4-110. Inability to Exercise Rights — Appointment of a Conservator - If the chief officer of a facility in which a...
Part 2 - Employees as Guardians and Conservators in State Facilities
§ 33-4-201. Designation of Employee as Legal Guardian or Conservator - The commissioner shall designate an employee of the department whom...
§ 33-4-202. Qualifications of Guardian, Conservator or Trustee - An employee appointed under this part as legal guardian, conservator,...
§ 33-4-203. Bond - If the total value of the assets that are turned...
§ 33-4-204. Duration of Guardianship or Conservatorship - An employee serving as legal guardian or conservator under this...
§ 33-4-205. Funds Received by Guardian or Conservator - All funds received by a legal guardian or conservator appointed...
§ 33-4-206. Other Assets Received by Guardian or Conservator - All other assets received by a legal guardian or conservator...
§ 33-4-207. Disposition of Assets After Termination of Guardianship or Conservatorship - Upon termination of the guardianship or conservatorship, all assets remaining...
§ 33-4-208. Annual Report - An employee serving as legal guardian or conservator shall file...
§ 33-4-210. Coercion of Guardian, Conservator or Trustee — Penalty - An employee who attempts to coerce a legal guardian, conservator,...
Chapter 5 - Intellectual and Developmental Disabilities Services
Part 1 - Service System
§ 33-5-101. Application of Title to Persons With Developmental Disabilities - Services to persons with developmental disabilities are governed generally by...
§ 33-5-102. Effective Date of Part - Persons with developmental disabilities based on conditions other than an...
§ 33-5-103. Persons With Developmental Disability Based Solely on Mental Illness or Serious Emotional Disturbance - If a person has a developmental disability solely on the...
§ 33-5-104. Developmental Disabilities Occurring After Twenty-Two Years of Age - Within the limits of available services, the department may serve...
§ 33-5-105. Factors in Assessing Eligibility for Service and Support Under This Chapter - A person is eligible for service and support under this...
§ 33-5-106. Application Process - A person with a developmental disability, a parent or legal...
§ 33-5-107. Types of Services Available - If, and only if, no suitable alternative provider is available,...
§ 33-5-108. Determination of Fiscal Impact on Licensees Following Regulatory or Policy Changes — Notice - As used in this section, “fiscal impact” means any increase,...
Part 2 - Family Support
§ 33-5-201. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-5-203. Primary Focus - The primary focus of the family support program is supporting:
§ 33-5-204. Duties of Contracted Agency - The contracted agency shall be responsible for assisting each family...
§ 33-5-205. Scope of Family Support Services - The family support services included in this program include, but...
§ 33-5-206. Coordination of Services - As a part of the family support program, the contracted...
§ 33-5-207. Families of Adults With Disabilities — Services and Resources - The family support program shall assist families of adults with...
§ 33-5-208. State Family Support Council - The commissioner shall appoint a state family support council comprised...
§ 33-5-211. Administration of Program — Funding - The department shall administer the family support services program and...
§ 33-5-212. Provision of Information Gathered Through Family Support Program to Didd - In accordance with policies and procedures developed and adopted by...
Part 3 - Residential Admission
§ 33-5-302. Periodic Evaluation of Admitted Person — Discharge - The chief officer or director of a center or the...
§ 33-5-303. Request for Discharge by Parent or Other Representative - In the case of a person admitted under § 33-5-301,...
Part 4 - Forensic Services for Persons With Intellectual Disabilities
§ 33-5-402. Procedure for Commitment of Person Under This Part - IF AND ONLY IF THEN
§ 33-5-403. Prerequisites to Involuntary Commitment - IF AND ONLY IF THEN
§ 33-5-404. Finding of Need for Involuntary Commitment by Designated Psychologists - No defendant may be judicially committed under § 33-5-403 unless...
§ 33-5-405. Admission Subject to Availability of Accommodation - A judicially committed defendant does not come into the custody...
§ 33-5-406. Credit on Sentence for Time in Custody - Whenever a person receives evaluation, training or treatment services under...
§ 33-5-407. Court Order as Transfer - Without regard to its wording, any court order of commitment...
Part 5 - Mandatory Community-Based Services
§ 33-5-501. Mandatory Community-Based Services for Felony Defendant Found Incompetent to Stand Trial - IF AND ONLY IF THEN
§ 33-5-502. Mandatory Community-Based Services for Felony Defendant Found Not Guilty Due to Insanity Based on an Intellectual Disability - IF AND ONLY IF THEN
§ 33-5-503. Mandatory Community-Based Services for Capital Defendant Committed Under § 33-5-403 but No Longer Meeting the Standards for Commitment - IF AND ONLY IF THEN
§ 33-5-504. Development of Community-Based Services Plan — Maximum Duration - If upon completion of an evaluation of a person under...
§ 33-5-505. Hearing on Contest of Plan - If a defendant contests a plan proposed by the department...
§ 33-5-506. Assessment of Service Recipient's Needs and Progress — Report to Court - A service provider with a service recipient under § 33-5-501,...
§ 33-5-507. Termination of Community-Based Services - If, after two (2) years of intensive training on a...
Part 6 - Statewide Planning and Policy Council for the Department of Intellectual and Developmental Disabilities -
Chapter 6 - Mental Health Service
Part 1 - Mental Health Service System
§ 33-6-101. Applicability of Title to Persons With Mental Illness and Serious Emotional Disturbance - Services to persons with mental illness and serious emotional disturbance...
§ 33-6-102. Development of System — Purpose - The department shall maintain a system to assure the most...
§ 33-6-108. Admissions to a State-Owned or Operated Hospital or Treatment Resource - Notwithstanding any other law to the contrary, all admissions or...
§ 33-6-109. Quarterly Report on the Implementation and Impact of Available Suitable Accommodations - The department shall report quarterly to the health committee of...
Part 2 - Voluntary Admission to Inpatient Treatment
§ 33-6-202. Admission Upon Finding of Need for Hospitalization - Upon application, if an examination by an admitting physician determines...
§ 33-6-203. Limitations on Admission of Child - No unemancipated child may be admitted under this part for...
§ 33-6-204. Admissions Review Committee — Members — Expenses - The admissions review committee consists of four (4) persons. Two...
§ 33-6-205. Approval of Commitment - The admissions review committee shall approve continued hospitalization by a...
§ 33-6-207. Procedure for Release Following Request - If the chief officer receives a request for discharge under...
§ 33-6-208. Notification of Parent, Guardian or Custodian Prior to Release of Child - The chief officer shall notify the parent, legal guardian, or...
Part 3 - Persons With Severe Impairments
§ 33-6-301. “Severe Impairment” Defined - For purposes of this part, unless the context requires otherwise,...
§ 33-6-303. Examination of Person - A physician shall examine the person as soon as practicable...
§ 33-6-304. Detention Following Finding of Severe Impairment - IF AND ONLY IF THEN
§ 33-6-305. Extended Detention After Confirmation of Initial Finding - IF AND ONLY IF THEN
§ 33-6-306. Notice of Status and Rights as Service Recipient - At the time of admission to an extended observation bed,...
§ 33-6-307. Request for Release - If the person or anyone acting on the person's behalf...
§ 33-6-308. Release of Person No Longer in Need of Immediate Care - If at any time it is determined that the person...
§ 33-6-309. Admission of Person to Treatment Facility Beyond Seventy-Two Hour Period - If at any time within the seventy-two hour period it...
§ 33-6-310. Monitoring of Admissions to Ensure Service Recipients' Rights - The department shall monitor admissions under this part to assure...
§ 33-6-311. Service Under This Part Not Substitute for Outpatient Care - Service under this part shall not be used instead of...
Part 4 - Emergency Involuntary Admission to Inpatient Treatment
§ 33-6-401. Emergency Detention - IF AND ONLY IF THEN
§ 33-6-402. Detention Without Warrant Authorized - If an officer authorized to make arrests in the state,...
§ 33-6-403. Admission to Treatment Facility - IF AND ONLY IF THEN
§ 33-6-404. Certificate of Need for Emergency Treatment and Transportation - IF THEN
§ 33-6-408. Admission of Person Already at Treatment Facility - If the person has been certified as subject to admission...
§ 33-6-410. Admission of Detainee to State Facility - If the chief officer of a state hospital or treatment...
§ 33-6-411. Admission of Detainee to Private or Local Facility With Contractual Relationship With State - IF THEN
§ 33-6-412. Admission of Detainee to Other Private or Local Facility — Payment for Services - IF THEN
§ 33-6-414. Detention for Twenty-Four (24) Hours if Judge Not Available - If the judge is not available and all other provisions...
§ 33-6-415. Treatment Not to Render Defendant Unable to Participate in Probable Cause Hearing - Pending the probable cause hearing under § 33-6-422, no treatment...
§ 33-6-416. Order of Admission — Notice to Next of Kin or Representative - If the court orders the admission of the defendant for...
§ 33-6-417. Release or Transfer Prior to Hearing - If the defendant is released under § 33-6-705 or this...
§ 33-6-418. Procedure for Probable Cause Hearing - Probable cause proceedings under § 33-6-422 shall be conducted in...
§ 33-6-419. Notice to Court of Legal Representation — Appointment of Counsel - The defendant's attorney shall notify the court of the representation...
§ 33-6-420. Waiver of Hearing - If the defendant consents in writing to a waiver of...
§ 33-6-421. Filing of Certificates of Need - The chief officer shall file with the court, by the...
§ 33-6-422. Finding of Probable Cause — Involuntary Commitment for Care for Up to Fifteen (15) Days - If, after the hearing is waived or is completed and...
§ 33-6-423. Release of Defendant if Findings Not Made by Court - The court shall order the release of the defendant from...
§ 33-6-424. Release of Defendant if Chief Officer Determines Certificates of Need Not Supported by Facts - If the chief officer determines that the defendant's condition does...
§ 33-6-425. Detention Not to Be at Jail or Other Criminal Custodial Facility Unless Defendant Under Arrest for Crime - No defendant shall be detained at a jail or other...
§ 33-6-426. Certification by Physician Required - If a person who is not a licensed physician executes...
Part 5 - Nonemergency Involuntary Admission to Inpatient Treatment
§ 33-6-501. “Substantial Likelihood of Serious Harm” Defined - IF AND ONLY IF THEN
§ 33-6-502. Prerequisites to Judicial Commitment for Involuntary Care and Treatment - IF AND ONLY IF THEN
§ 33-6-503. Two (2) Certificates of Need Required — Defendants Under Sixteen (16) Years of Age - No defendant may be judicially committed under this part, unless...
§ 33-6-504. Persons Who May File Complaint for Commitment Under This Part - The parent, legal guardian, legal custodian, conservator, spouse, or a...
§ 33-6-505. Commitment to State Facility - If the court commits a person under this section, the...
§ 33-6-506. Commitment to Other Public or Private Facility - If a licensed public hospital or treatment resource other than...
§ 33-6-507. Commitment to Contract Facility — Conformance With Contract - If a licensed private or local public hospital or treatment...
§ 33-6-508. Commitment to Non-State Facility Where Third-Party Payment Has Been Arranged - IF THEN
§ 33-6-509. Suitable Accommodations Required - The chief officer of a facility to which a person...
§ 33-6-510. Person Eligible for Care as Armed Forces Veteran - If a person ordered to be hospitalized under this part...
Part 6 - Mandatory Outpatient Treatment
§ 33-6-601. Disclosure of Patient Information Relating to Outpatient Treatment - IF THEN
§ 33-6-602. Release From Hospitalization Subject to Outpatient Treatment - IF THEN
§ 33-6-604. Review of Plan - IF THEN
§ 33-6-605. Discharge of Patient — Notice to Court of Discharge Subject to Outpatient Treatment - THEN THEN THEN
§ 33-6-606. Amendment of Outpatient Treatment Plan - After discharge the qualified mental health professional may change the...
§ 33-6-607. Payment for Outpatient Services - If the person is indigent and is not eligible for...
§ 33-6-608. Admission to Treatment Facility — Outpatient Care Suspended — Outpatient Care Reinstituted Following Release - IF THEN
§ 33-6-609. Failure to Comply With Outpatient Treatment Plan — Action to Enforce - IF THEN
§ 33-6-611. Failure to Appear at Hearing — Custody Order — Transportation to Hospital — Admission — Notice to Attorney or Other Representative - IF THEN
§ 33-6-612. Failure to Appear Where No Affidavit by Qualified Mental Health Professional - IF THEN
§ 33-6-613. Substitution of Qualified Mental Health Professional - A person's qualified mental health professional shall appoint a qualified...
§ 33-6-615. Findings by Qualified Mental Health Professional — Recommitment — Notice to Representative, Next of Kin and Court - IF THEN
§ 33-6-616. Recommitment Hearing - The court where the hospital is located is vested with...
§ 33-6-617. Person Eligible for Discharge - If the person, upon being readmitted under this part, is...
§ 33-6-618. Rights of Defendant in Proceedings Under This Part - In judicial proceedings under this part the person with mental...
§ 33-6-619. Dismissal of Proceedings Pending Against Person Recommitted Under This Part - If a person is ordered to be rehospitalized for noncompliance...
§ 33-6-620. Termination of Legally Mandated Outpatient Care — Notice to Court - IF THEN
§ 33-6-621. Reinstatement of Mandatory Outpatient Care - IF THEN
§ 33-6-622. Hearing on Reinstatement Order - THEN
§ 33-6-623. Outpatient Treatment Obligation Limited to Six (6) Months - IF THEN
Part 7 - Discharge From Inpatient Treatment
§ 33-6-701. Review of Admitted Persons to Determine Eligibility for Discharge - The chief officer of a public or private hospital shall,...
§ 33-6-702. Request for Current Examination of Mental Condition — Payment - Any person hospitalized under a court order obtained under chapter...
§ 33-6-703. Discharge of Person Eligible for Release — Petition for Review Where One (1) or More Physicians Finds Admission No Longer Needed - If, after considering the reports of the physicians and other...
§ 33-6-705. Discharge of Person No Longer Meeting Standards for Admission - IF THEN
§ 33-6-706. Discharge of Involuntarily Committed Person — Person No Longer Mentally Ill or in Remission — Person Unlikely to Cause Harm — Voluntary Outpatient Treatment Possible - IF THEN THEN THEN
§ 33-6-707. Persons Eligible for Discharge Subject to Mandatory Outpatient Treatment - IF THEN
Part 8 - Sex Offenders
§ 33-6-801. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-6-802. Examination Upon Conviction for Sex Crime - Any person convicted of a sex crime shall be examined...
§ 33-6-803. Certification for Treatment - If, as a result of the examination provided for in...
Part 9 - Special Provisions for Mental Health Transportation -
Part 10 - Declarations for Mental Health Treatment
§ 33-6-1001. Declaration for Mental Health Treatment Authorized — Contents - A competent adult may make a declaration for mental health...
§ 33-6-1002. “Incapable of Making Mental Health Treatment Decisions” Defined - IF AND ONLY IF THEN a physician with expertise in...
§ 33-6-1006. Care Contrary to Declaration — Authorization by Review Committee — Emergency - IF AND ONLY IF
§ 33-6-1007. Declaration Superior to Powers of Conservator - If a conservator is appointed with powers over the person...
§ 33-6-1009. Effect of Declarations Executed in Another State - A declaration for mental health treatment that is validly executed...
§ 33-6-1010. Incorporation Into Durable Power of Attorney for Health Care - A declaration for mental health treatment may be expressed in...
§ 33-6-1011. Immunity for Actions Taken or Not Taken in Good Faith Reliance on Declaraton - A physician or mental health service provider who administers or...
§ 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...
Chapter 7 - Security Units and Forensic Services
Part 1 - General Provisions
§ 33-7-101. Examination of Patients - Any person with mental illness hospitalized under this chapter or...
§ 33-7-103. Judicial Hospitalization Order as Transfer of Custody - Without regard to its wording, any court order of hospitalization...
§ 33-7-104. Admissions to a State-Owned or Operated Facility - Notwithstanding any other law to the contrary, all admissions or...
Part 2 - Security Units
§ 33-7-201. Creation of Forensic Services Units - The commissioner shall operate in the state hospitals secure facilities,...
§ 33-7-203. Discharge From Forensic Services Unit - When a person in a forensic services unit no longer...
Part 3 - Forensic Services
§ 33-7-302. Determination and Notice of Restored Competence to Stand Trial - When the chief officer determines that a defendant in a...
Part 4 - Mandatory Community-Based Services
§ 33-7-401. Mandatory Community-Based Services for Felony Defendant Incompetent to Stand Trial but Not Committable - IF AND ONLY IF THEN
§ 33-7-402. Mandatory Community-Based Services for Person Found in Need of Services by Forensic Examiner - If upon completion of an evaluation of a person under...
§ 33-7-403. Hearing - If a defendant contests a plan proposed by the department...
§ 33-7-404. Periodic Need Assessment - A service provider for a person under § 33-7-401 shall...
§ 33-7-405. Referral to Other Service Provider Where Services Under This Part Not Effective - If after two (2) years of intensive services for competence...
Chapter 8 - Special Provisions for Children
Part 1 - Services to Children Generally
§ 33-8-102. Responsibilities of Department With Regard to Children - The department in coordination with the council on children's mental...
§ 33-8-103. Children as Priority Population - Children with serious emotional disturbances are a priority population for...
§ 33-8-104. Emancipated Children — Rights and Responsibilities Under This Title - Children who are emancipated by marriage, court order, or in...
§ 33-8-105. Interagency Plans for Transition to Adult Services - Mental health and developmental disabilities service providers shall prepare interagency...
§ 33-8-106. Interagency Agreements — Cooperation of Service Providers With Department - Service providers shall inform the department and the council on...
Part 2 - Special Provisions for Mental Health Services to Children
§ 33-8-201. Child With Alcohol or Drug Dependence or Developmental Disability - A child who has alcohol dependence, drug dependence, or developmental...
§ 33-8-203. Parents, Custodians and Guardians to Participate in Child's Outpatient Treatment Plan - Parents, legal custodians, and legal guardians shall participate in mandatory...
Part 3 - Special Medical Procedure Rules
§ 33-8-301. Electroconvulsive Therapy Upon Child Prohibited Except Under This Part - No person or facility may administer electroconvulsive therapy or other...
§ 33-8-302. Electroconvulsive Therapy — When Authorized for Child With Mania or Severe Depression - IF AND ONLY IF THEN
§ 33-8-303. Electroconvulsive Therapy — When Authorized for Child Over Fourteen (14) Years of Age - IF AND ONLY IF THEN
§ 33-8-304. Electroconvulsive Therapy — When Authorized for Child in State Custody - If a child is in state custody and a convulsive...
§ 33-8-306. Electroconvulsive Therapy — Commitment Proceedings Pending - If proceedings for the child's commitment under chapter 6, part...
§ 33-8-307. Electroconvulsive Therapy — Hearing in Juvenile Court - If no proceedings for the child's commitment under chapter 6,...
§ 33-8-308. Electroconvulsive Therapy Upon Child — Independent Psychiatric Evaluation Required - Whenever authorization is sought for the administration to a child...
§ 33-8-312. Hearing Costs - Under §§ 33-8-305 — 33-8-313, if the child is indigent...
§ 33-8-313. Appeal - Any decision of the court under §§ 33-8-305 — 33-8-313...
§ 33-8-314. Report on Use of Convulsive Therapies - The department shall report annually to the statewide planning and...
§ 33-8-315. Lobotomies Upon Children Prohibited - Lobotomies for intervention or alteration of a mental, emotional or...
§ 33-8-316. Child's Rights Not to Be Waived - A child may not waive any right created by this...
Chapter 9 - Interstate Provisions
Part 1 - Extradition
§ 33-9-101. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-9-102. Persons Subject to Extradition - A person alleged to be mentally ill who is found...
§ 33-9-103. Procedure - Whenever the executive authority of any state demands of the...
§ 33-9-104. Fugitive Discharged if No Agent Appears - If the agent does not appear within thirty (30) days...
§ 33-9-105. Costs - All costs and expenses incurred in apprehending, securing, maintaining, and...
§ 33-9-106. Power of Agent - An appointed agent who receives the fugitive into custody shall...
§ 33-9-107. Governor May Demand Return of Fugitives - The executive authority is vested with the power, on the...
§ 33-9-108. Statute of Limitations - Any proceedings under this part shall begin within one (1)...
§ 33-9-109. Interpretation and Construction of Part - This part shall be so interpreted and construed as to...
Part 2 - Interstate Compact on Mental Health
§ 33-9-201. Text of Compact - The Interstate Compact on Mental Health is enacted into law...
§ 33-9-202. Administrator — Designation — Powers - The commissioner or the commissioner's designee shall be the compact...
§ 33-9-203. Supplementary Agreements - The compact administrator may enter into supplementary agreements with appropriate...
§ 33-9-204. Financial Obligations - The compact administrator, subject to the approval of the commissioner...
§ 33-9-205. Proposed Transferees — Consultations — Approval of Court - The compact administrator shall consult with the immediate family of...
§ 33-9-206. Copies - Duly authorized copies of this part shall, upon its approval,...
§ 33-9-207. Inapplicability to Persons Not Meeting the Applicable Standards for Service Under This Title Other Than State Residence - The compact administrator shall not agree to accept any person...
Chapter 10 - Comprehensive Alcohol and Drug Treatment Act of 1973
Part 1 - Comprehensive Alcohol and Drug Treatment Act of 1973
§ 33-10-101. Short Title - This chapter shall be known and may be cited as...
§ 33-10-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 33-10-105. Admission to Inpatient Programs - Admission to inpatient programs under this chapter shall be governed...
§ 33-10-106. Contracts in Furtherance of Department Functions — Grants and Gifts of Funds - The department, through its commissioner, is empowered to:
Part 2 - Special Provisions for Criminal Cases
§ 33-10-201. Admission of Persons Charged With or Convicted of a Crime - A person charged with or convicted of a crime may...
Part 3 - Juvenile Alcohol Abuse
§ 33-10-301. Legislative Findings - The general assembly finds that any proposition to increase the...
Part 4 - Alcohol Abuse Prevention
§ 33-10-401. Short Title - This part shall be known and may be cited as...
§ 33-10-402. Application of Part - This part shall be an alternative to part 2 of...
§ 33-10-404. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-10-405. Counties — Powers - To carry out the purposes of this part, counties may:
§ 33-10-406. Persons Charged With or Convicted of a Crime — Admission to Treatment - A person charged with or convicted of a crime may...
Part 5 - Comprehensive Alcohol, Tobacco and Other Drug Prevention Program Act
§ 33-10-501. Short Title - This part shall be known and may be cited as...
§ 33-10-502. Part Definitions - As used in this part, unless the context otherwise requires:
§ 33-10-503. Creation of the Comprehensive Alcohol, Tobacco and Other Drug Prevention Program Grant - There is created, within the department, the comprehensive alcohol, tobacco...
§ 33-10-505. Duties of Commissioner - The commissioner shall develop:
§ 33-10-506. Authority - The commissioner is authorized to take any necessary action, subject...