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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...