17-77 - Local Health and Human Service
Title 17 > 17-77
Sections (16)
General Provisions
17-77-101 - Definitions.
As used in this chapter:
(1) “Assisted outpatient treatment” means the same as that term is defined in Section 26B-5-301.
(2) “Crisis worker” means the same as that term is defined in Section 26B-5-610.
(3) “Department” means the Department of Health and Human Services created in Section 26B-1-201.
(4) “Division” means the Division of Integrated Healthcare within the department.
(5) “First responder” means:a law enforcement officer, as that term is defined in Section 53-13-103;emergency medical service personnel, as that term is defined in Section 53-2d-101;an emergency medical technician, as that term is defined in Section 53-2e-101;an advanced emergency medical technician, as that term is defined in Section 53-2e-101;a firefighter, as that term is defined in Section 53H-11-306;a dispatcher, as that term is defined in Section 53-6-102; ora mobile outreach social worker.
(6) “Local mental health crisis line” means the same as that term is defined in Section 26B-5-610.
(7) “Mental health therapist” means the same as that term is defined in Section 58-60-102.
(8) “Public funds”:means:federal money received from the department;state money appropriated by the Legislature to the department, a county governing body, or a local substance abuse authority for the purposes of providing substance abuse programs or services; andstate money appropriated by the Legislature to the department, a county governing body, or a local mental health authority for the purposes of providing mental health programs or services; andincludes federal and state money described in Subsection (8)(a):even after the money has been transferred by:a local substance abuse authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive substance abuse programs or services for the local substance abuse authority; ora local mental health authority to a private provider under an annual or otherwise ongoing contract to provide comprehensive mental health programs or services for the local mental health authority; andwhile in the possession of the private provider.
(9) “Statewide mental health crisis line” means the same as that term is defined in Section 26B-5-610.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-102 - Provisions for general health — Creation of local health department.
Each county shall:
(1) make provisions for the preservation of health in the county and pay the related expenses; and
(2) create a local health department as provided in Title 26A, Chapter 1, Part 1, Local Health Department Act.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-103 - Mental health and substance use services.
Each county shall provide mental health and substance use services in accordance with Title 26B, Chapter 5, Health Care - Substance Use and Mental Health .
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Local Substance Abuse Authorities
17-77-201 - Local substance abuse authorities — Responsibilities.
(1) In each county other than a county described in Subsection (1)(a)(ii) or (iii), the county legislative body is the local substance abuse authority.In each county operating under a county executive-council form of government under Section 17-62-203, the county legislative body is the local substance abuse authority, except that the county executive administers any contract for plan services.In each county operating under a council-manager form of government under Section 17-62-204, the county manager is the local substance abuse authority.Within legislative appropriations and county matching funds required by this section, and under the direction of the division, each local substance abuse authority shall:develop substance use prevention and treatment services plans;provide substance use services to residents of the county; andcooperate with the division’s efforts to promote integrated programs that address an individual’s substance use, mental health, and physical healthcare needs, as described in Section 26B-5-102.Within legislative appropriations and county matching funds required by this section, each local substance abuse authority shall cooperate with the department’s efforts to promote a system of care, as defined in Section 26B-5-101, for minors with or at risk for complex emotional and behavioral needs, as described in Section 26B-5-101.
(2) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, two or more counties may join to:provide substance use prevention and treatment services; orcreate a united local health department that provides substance use treatment services, mental health services, and local health department services in accordance with Subsection (3).The legislative bodies of counties joining to provide services may establish ways of apportioning the cost of substance use services.Each agreement for joint substance use services shall:designate the county treasurer of one of the participating counties, or another individual as the treasurer, for the combined substance abuse authorities and as the custodian of money available for the joint services; andprovide that the designated treasurer, or other disbursing officer authorized by the treasurer, may make payments from the money for the joint services upon audit of the appropriate auditing officer or officers representing the participating counties;provide for the appointment of an independent auditor or a county auditor of one of the participating counties as the designated auditing officer for the combined substance abuse authorities;provide for the appointment of the county attorney or district attorney of one of the participating counties as the designated legal officer for the combined substance abuse authorities; andauthorize the legal officer designated under Subsection (2)(c)(iii)(A) to request and receive the assistance of the county or district attorneys of the other participating counties in defending or prosecuting actions within their counties relating to the combined substance abuse authorities; andprovide for the adoption of management, clinical, financial, procurement, personnel, and administrative policies as already established by one of the participating counties or as approved by the legislative body of each participating county or interlocal board.An agreement for joint substance use services may provide for: joint operation of services and facilities; oroperation of services and facilities under contract by one participating local substance abuse authority for other participating local substance abuse authorities.
(3) A county governing body may elect to combine the local substance abuse authority with: the local mental health authority created in Part 3, Local Mental Health Authorities; orthe local health department created in Title 26A, Chapter 1, Part 1, Local Health Department Act.A local substance abuse authority that joins a united local health department shall comply with this part.
(4) Each local substance abuse authority is accountable to the department and the state with regard to the use of state and federal funds received from the department for substance use services, regardless of whether the services are provided by a private contract provider.Each local substance abuse authority shall comply, and require compliance by the local substance abuse authority’s contract provider, with all directives issued by the department regarding the use and expenditure of state and federal funds received from the department for the purpose of providing substance use programs and services.The department shall: ensure that directives issued by the department described in Subsection (4)(b)(i) are not duplicative or conflicting; andconsult and coordinate with local substance abuse authorities with regard to programs and services.
(5) Each local substance abuse authority shall:review and evaluate substance use prevention and treatment needs and services, including substance use needs and services for an individual incarcerated in a county jail or other county correctional facility;annually prepare and submit to the division a plan approved by the county legislative body for funding and service delivery that includes:provisions for services, either directly by the substance abuse authority or by contract, for adults, youth, and children, including those incarcerated in a county jail or other county correctional facility;primary prevention, targeted prevention, early intervention, and treatment services; andin a form and format usable by a first responder, an inclusive list of providers of substance use services available for individuals within the local substance abuse authority’s jurisdiction;establish and maintain, either directly or by contract, programs licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities;appoint directly or by contract a full or part time director for substance use programs, and prescribe the director’s duties;provide input and comment on new and revised rules established by the division;establish and require contract providers to establish administrative, clinical, procurement, personnel, financial, and management policies regarding substance use services and facilities, in accordance with the rules of the division, and state and federal law;establish mechanisms allowing for direct citizen input;annually contract with the division to provide substance use programs and services in accordance with the provisions of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health;comply with all applicable state and federal: statutes;policies;audit requirements;contract requirements; andany directives resulting from those audits and contract requirements;promote or establish programs for the prevention of substance use within the community setting through community-based prevention programs;provide funding equal to at least 20% of the state funds that it receives to fund services described in the plan;comply with the requirements and procedures of: Title 11, Chapter 13, Interlocal Cooperation Act;Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts; andTitle 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;for persons convicted of driving under the influence in violation of Section 41-6a-502 or 41-6a-517, conduct the following as defined in Section 41-6a-501:a screening;an assessment;an educational series; andsubstance abuse treatment; andutilize proceeds of the accounts described in Subsection 26B-5-209(1) to supplement the cost of providing the services described in Subsection (5)(m).
(6) Before disbursing any public funds, each local substance abuse authority shall require that each entity that receives any public funds from the local substance abuse authority agrees in writing that:the entity’s financial records and other records relevant to the entity’s performance of the services provided to the local substance abuse authority shall be subject to examination by:the division;the local substance abuse authority director;the county treasurer and county attorney or district attorney; orif two or more counties jointly provide substance use services under an agreement under Subsection (2), the designated treasurer and the designated legal officer;the county legislative body; andin a county with a county executive that is separate from the county legislative body, the county executive;the county auditor may examine and audit the entity’s financial and other records relevant to the entity’s performance of the services provided to the local substance abuse authority; andthe entity will comply with the provisions of Subsection (4)(b).
(7) A local substance abuse authority may receive for substance abuse services:property;grants;gifts;supplies;materials;contributions; andany benefit derived from the items described in Subsections (7)(a)(i) through (vi).If an item described in Subsections (7)(a)(i) through (vi) are conditioned upon the item’s use for a specified service or program, the item shall be so used.
(8) Public funds received for the provision of services in accordance with the local substance abuse plan may not be used for any other purpose except those authorized in the contract between the local substance abuse authority and the provider for the provision of plan services.
(9) Subject to the requirements of the federal Substance Abuse Prevention and Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure that all substance use treatment programs that receive public funds:accept and provide priority for admission to a pregnant woman or a pregnant minor; andif admission of a pregnant woman or a pregnant minor is not possible within 24 hours of the time that a request for admission is made, provide a comprehensive referral for interim services that:are accessible to the pregnant woman or pregnant minor;are best suited to provide services to the pregnant woman or pregnant minor;may include:counseling;case management; ora support group; andshall include a referral for:prenatal care; andcounseling on the effects of alcohol and drug use during pregnancy.
(10) If a substance use treatment program described in Subsection (9) is not able to accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of the time that request for admission is made, the local substance abuse authority shall contact the Division of Integrated Healthcare for assistance in providing services to the pregnant woman or pregnant minor.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-202 - Requirements for distributing public funds.
(1) Each local substance abuse authority shall award all public funds in accordance with this section and in compliance with:the requirements of Title 63G, Chapter 6a, Utah Procurement Code; ora county procurement ordinance adopted under Section 17-63-506.
(2) If all initial bids on the project are rejected, the local substance abuse authority shall publish a new invitation to bid.If no satisfactory bid is received by the local substance abuse authority when the bids received from the second invitation are opened, the local substance abuse authority may execute a contract without requiring competitive bidding.
(3) A local substance abuse authority is not required to comply with the procurement provisions of this section when the local substance abuse authority disburses public funds to: another political subdivision of the state; oran institution of higher education of the state.
(4) Each contract awarded by a local substance abuse authority shall be for a fixed amount and limited period.A local substance abuse authority may modify a contract due to changes in available funding for the same contract purpose without competition.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-203 - Use and oversight of public funds.
(1) Each local substance abuse authority is responsible for overseeing all public funds the local substance abuse authority receives, to determine that public funds are utilized in accordance with: federal and state law;the rules and policies of the department; andany contract between the local substance abuse authority and the department or a private provider.Local substance abuse authority oversight includes requiring that neither a private provider that contracts with the local substance abuse authority to provide comprehensive substance abuse programs or services for the local substance abuse authority, nor any of the private provider’s employees:violate any applicable federal or state criminal law;knowingly violate: any applicable department rule or policy ; orany provision of a contract between the local substance abuse authority and the department or the private provider;knowingly: keep any false account; ormake any false entry or erasure in any account of or relating to the public funds;fraudulently alter, falsify, conceal, destroy, or obliterate any account of or relating to public funds;fail to ensure competent oversight for lawful disbursement of public funds;appropriate public funds for an unlawful use or for a use that does not comply with contract provisions; orknowingly or intentionally use public funds: unlawfully;in violation of a governmental contract provision; orin violation of state policy.
(2) A local substance abuse authority that knows or reasonably should know of any of the circumstances described in Subsection (1), and that fails or refuses to take timely corrective action in good faith shall, in addition to any other penalties provided by law, be required to make full and complete repayment to the state of all public funds improperly used or expended.
(3) Any public funds required to be repaid to the state by a local substance abuse authority under Subsection (2), based upon the actions or failure of the contract provider, may be recovered by the local substance abuse authority from the contract provider, in addition to the local substance abuse authority’s costs and attorney fees.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-204 - Fees for substance abuse services — Responsibility for cost of service to nonresident — Funds from other sources.
(1) Each local substance abuse authority shall charge a fee for substance use services, except that substance use services may not be refused to any individual because of inability to pay.
(2) If a local substance abuse authority, through a designated provider, provides a service described in Section 17-77-201 to an individual who resides within the jurisdiction of another local substance abuse authority, the local substance abuse authority in whose jurisdiction the individual resides is responsible for the cost of that service if that local substance abuse authority’s designated provider has authorized the provision of the service.
(3) A local substance abuse authority, and entities that contract with a local substance abuse authority to provide substance use services, may receive funds made available by federal, state, or local health, substance use, mental health, education, welfare, or other agencies, in accordance with the provisions of this part and Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-205 - Registration as a limited purpose entity.
(1) Each local substance abuse authority shall register and maintain the local substance abuse authority’s registration as a limited purpose entity, in accordance with Section 67-1a-15.
(2) A local substance abuse authority that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
Local Mental Health Authorities
17-77-301 - Local mental health authorities — Responsibilities.
(1) In each county other than a county described in Subsection (1)(a)(ii) or (iii), the county legislative body is the local mental health authority.In each county operating under a county executive-council form of government under Section 17-62-203, the county legislative body is the local mental health authority, except that the county executive administers any contract for plan services.In each county operating under a council-manager form of government under Section 17-62-204, the county manager is the local mental health authority.Within legislative appropriations and county matching funds required by this section, under the direction of the division, each local mental health authority shall:provide mental health services to individuals within the county; andcooperate with the division’s efforts to promote integrated programs that address an individual’s substance use, mental health, and physical healthcare needs, as described in Section 26B-5-102.Within legislative appropriations and county matching funds required by this section, each local mental health authority shall cooperate with the department’s efforts to promote a system of care, as defined in Section 26B-5-101, for minors with or at risk for complex emotional and behavioral needs, as described in Section 26B-5-101.
(2) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, two or more counties may join to:provide mental health prevention and treatment services; orcreate a united local health department that combines substance use treatment services, mental health services, and local health department services in accordance with Subsection (3).The legislative bodies of counties joining to provide services may establish acceptable ways of apportioning the cost of mental health services.Each agreement for joint mental health services shall:designate the county treasurer of one of the participating counties or another individual as the treasurer for the combined mental health authorities and as the custodian of money available for the joint services; andprovide that the designated county treasurer, or other disbursing officer authorized by the designated county treasurer, may make payments from the money available for the joint services upon audit of the appropriate county auditor representing the participating counties;provide for the appointment of an independent auditor or a county auditor of one of the participating counties as the designated auditing officer for the combined mental health authorities;provide for the appointment of the county attorney or district attorney of one of the participating counties as the designated legal officer for the combined mental health authorities; andauthorize the designated legal officer to request and receive the assistance of the county or district attorneys of the other participating counties in defending or prosecuting actions within their counties relating to the combined mental health authorities; andprovide for the adoption of management, clinical, financial, procurement, personnel, and administrative policies as already established by one of the participating counties or as approved by the legislative body of each participating county or interlocal board.An agreement for joint mental health services may provide for:joint operation of services and facilities or for operation of services and facilities under contract by one participating local mental health authority for other participating local mental health authorities; andallocation of appointments of members of the mental health advisory council between or among participating counties.
(3) A county governing body may elect to combine the local mental health authority with: the local substance abuse authority created in Part 2, Local Substance Abuse Authorities; orthe local health department created in Title 26A, Chapter 1, Part 1, Local Health Department Act.A local mental health authority that joins with a united local health department shall comply with this part.
(4) Each local mental health authority is accountable to the department and the state with regard to the use of state and federal funds received from the department for mental health services, regardless of whether the services are provided by a private contract provider.Each local mental health authority shall comply, and require compliance by the local mental health authority’s contract provider, with all directives issued by the department regarding the use and expenditure of state and federal funds received from the department for the purpose of providing mental health programs and services.The department shall: ensure that directives issued by the department described in Subsection (4)(b)(i) are not duplicative or conflicting; andconsult and coordinate with local mental health authorities with regard to programs and services.
(5) Each local mental health authority shall:review and evaluate mental health needs and services, including mental health needs and services for:an individual incarcerated in a county jail or other county correctional facility; andan individual who is a resident of the county and who is court ordered to receive assisted outpatient treatment under Section 26B-5-351;in accordance with Subsections (5)(b) and (c), annually prepare and submit to the division a plan approved by the county legislative body for mental health funding and service delivery, either directly by the local mental health authority or by contract;establish and maintain, either directly or by contract, programs licensed under Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities;appoint, directly or by contract, a full-time or part-time director for mental health programs and prescribe the director’s duties;provide input and comment on new and revised rules established by the division;establish and require contract providers to establish administrative, clinical, personnel, financial, procurement, and management policies regarding mental health services and facilities, in accordance with the rules of the division, and state and federal law;establish mechanisms allowing for direct citizen input;annually contract with the division to provide mental health programs and services in accordance with the provisions of Title 26B, Chapter 5, Health Care - Substance Use and Mental Health;comply with all applicable state and federal: statutes;policies;audit requirements;contract requirements; andany directives resulting from those audits and contract requirements;provide funding equal to at least 20% of the state funds that it receives to fund services described in the plan;comply with the requirements and procedures of: Title 11, Chapter 13, Interlocal Cooperation Act;Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts; andTitle 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;take and retain physical custody of minors committed to the physical custody of local mental health authorities by a judicial proceeding under Title 26B, Chapter 5, Part 4, Commitment of Persons Under Age 18; andcooperate with the Department of Corrections to complete the requirements described in Section 64-14-204.Each plan under Subsection (5)(a)(ii) shall include services for adults, youth, and children, which shall include:inpatient care and services;residential care and services;outpatient care and services;24-hour crisis care and services;psychotropic medication management;psychosocial rehabilitation, including vocational training and skills development;case management;community supports, including: in-home services;housing;family support services; andrespite services;consultation and education services, including: case consultation; andcollaboration with other county service agencies, public education, and public information;services to an individual incarcerated in a county jail or other county correctional facility; andservices to an individual described in Subsection 64-14-204(8)(a).Each plan under Subsection (5)(a)(ii) shall include, in a form and format usable by a first responder, an inclusive list of providers of mental health services for individuals within the local mental health authority’s jurisdiction.
(6) If a local mental health authority provides for a local mental health crisis line under the plan for 24-hour crisis care and services described in Subsection (5)(b)(iv), the local mental health authority shall:collaborate with the statewide mental health crisis line described in Section 26B-5-610;ensure that each individual who answers calls to the local mental health crisis line:is a mental health therapist or a crisis worker; andmeets the standards of care and practice established by the Division of Integrated Healthcare, in accordance with Section 26B-5-610; andensure that when necessary, based on the local mental health crisis line’s capacity, calls are immediately routed to the statewide mental health crisis line to ensure that when an individual calls the local mental health crisis line, regardless of the time, date, or number of individuals trying to simultaneously access the local mental health crisis line, a mental health therapist or a crisis worker answers the call without the caller first:waiting on hold; orbeing screened by an individual other than a mental health therapist or crisis worker.If a local mental health authority does not provide for a local mental health crisis line under the plan for 24-hour crisis care and services described in Subsection (5)(b)(iv), the local mental health authority shall use the statewide mental health crisis line as a local crisis line resource.
(7) Before disbursing any public funds, each local mental health authority shall require that each entity that receives any public funds from a local mental health authority agrees in writing that:the entity’s financial records and other records relevant to the entity’s performance of the services provided to the mental health authority shall be subject to examination by:the division;the local mental health authority director;the county treasurer and county or district attorney; orif two or more counties jointly provide mental health services under an agreement under Subsection (2), the designated treasurer and the designated legal officer;the county legislative body; andin a county with a county executive that is separate from the county legislative body, the county executive;the county auditor may examine and audit the entity’s financial and other records relevant to the entity’s performance of the services provided to the local mental health authority; andthe entity will comply with the provisions of Subsection (4)(b).
(8) A local mental health authority may receive for mental health services:property;grants;gifts;supplies;materials;contributions; andany benefit derived from the items described in Subsections (8)(a)(i) through (vi).If the items described in Subsections (8)(a)(i) through (vi) are conditioned upon their use for a specified service or program, they shall be so used.
(9) Public funds received for the provision of services in accordance with the local mental health plan may not be used for any other purpose except those authorized in the contract between the local mental health authority and the provider for the provision of plan services.
(10) A local mental health authority shall: provide assisted outpatient treatment services to a resident of the county who has been ordered under Section 26B-5-351 to receive assisted outpatient treatment; andto the extent feasible, coordinate with the Department of Corrections to ensure the continuity of mental health services for county residents who are on probation or parole.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-302 - Requirements for distributing public funds.
(1) Each local mental health authority shall award all public funds in accordance with this section and in compliance with: the requirements of Title 63G, Chapter 6a, Utah Procurement Code; ora county procurement ordinance adopted under Section 17-63-506.
(2) If the local mental health authority rejects all initial bids on the project, the local mental health authority shall publish a new invitation to bid in the manner specified in this section.If the local mental health authority does not receive a satisfactory bid when the bids received from the second invitation are opened, the local mental health authority may execute a contract without requiring competitive bidding.
(3) The local mental health authority is not required to comply with the procurement provisions of this section when the local mental health authority disburses public funds to: another political subdivision of the state; oran institution of higher education of the state.
(4) Each contract awarded by a local mental health authority shall be for a fixed amount and limited period.A contract may be modified due to changes in available funding for the same contract purpose without competition.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-303 - Use and oversight of public funds.
(1) Each local mental health authority is responsible for overseeing all public funds the local mental health authority receives, to determine that those public funds are utilized in accordance with: federal and state law;the rules and policies of the department; andany contract between the local mental health authority and the department or a private provider.The local mental health authority oversight includes requiring that neither a private provider that contracts with the local mental health authority to provide comprehensive mental health programs or services for the local mental health authority, nor any of the private provider’s employees:violate any applicable federal or state criminal law;knowingly violate: any applicable department rule or policy; orany provision of contract between the local mental health authority and the department or the private provider;knowingly keep any false account or make any false entry or erasure in any account of or relating to the public funds;fraudulently alter, falsify, conceal, destroy, or obliterate any account of or relating to public funds;fail to ensure competent oversight for lawful disbursement of public funds;appropriate public funds for an unlawful use or for a use that is not in compliance with contract provisions; orknowingly or intentionally use public funds: unlawfully;in violation of a governmental contract provision; orin violation of state policy.
(2) A local mental health authority that knew or reasonably should have known of any of the circumstances described in Subsection (1), and that fails or refuses to take timely corrective action in good faith shall, in addition to any other penalties provided by law, be required to make full and complete repayment to the state of all public funds improperly used or expended.
(3) Any public funds required to be repaid to the state by a local mental health authority in accordance with Subsection (2), based upon the actions or failure of the contract provider, may be recovered by the local mental health authority from its contract provider, in addition to the local mental health authority’s costs and attorney fees.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-304 - Contracts for mental health services provided by local mental health authorities.
If a local mental health authority has established a plan to provide services authorized by this part, and those services meet standards fixed by rules of the division, the local mental health authority may enter into a contract with the division for mental health services to be furnished by that local mental health authority for an agreed compensation to be paid by the division.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-305 - Fees for mental health services — Responsibility for cost of services to nonresident — Authority may receive funds from other sources.
(1) Each local mental health authority shall charge a fee for mental health services, except that mental health services may not be refused to any individual because of inability to pay.
(2) If a local mental health authority, through a designated provider, provides a service described in Section 17-77-301 to an individual who resides within the jurisdiction of another local mental health authority, the local mental health authority in whose jurisdiction the individual resides is responsible for the cost of that service if that local mental health authority’s designated provider has authorized the provision of the service.
(3) A local mental health authority, and entities that contract with a local mental health authority to provide mental health services, may receive funds made available by federal, state, or local health, substance use, mental health, education, welfare, or other agencies, in accordance with the provisions of this part and Title 26B, Chapter 5, Health Care - Substance Use and Mental Health.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-306 - Specified treatments prohibited — Criminal penalties.
(1) It is a class B misdemeanor to give shock treatment, lobotomy, or surgery to anyone without the written consent of the individual’s next of kin or legal guardian.
(2) It is a felony to give psychiatric treatment, nonvocational mental health counseling, case-finding testing, psychoanalysis, drugs, shock treatment, lobotomy, or surgery to any individual for the purpose of changing his concept of, belief about, or faith in God.
(3) Services provided under this part are governed by Title 58, Chapter 67, Utah Medical Practice Act.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-307 - Local mental health advisory councils — Powers and responsibilities.
(1) A county legislative body may, separately or in conjunction with one or more other counties, establish a local mental health advisory council.
(2) If a county legislative body establishes a local mental health advisory council, the local mental health advisory council shall comply with this section.
(3) Local mental health advisory council members shall be appointed by their respective county legislative bodies.Initial appointment of the members of the local mental health advisory council shall be: one-fourth for one year;one-fourth for two years;one-fourth for three years; andone-fourth for four years.After the initial appointment described in Subsection (3)(b), the term of each local mental health advisory council member shall be four years.Vacancies for a local mental health advisory council member shall be filled in the same manner as for unexpired terms.The county legislative body may remove local mental health advisory council members for cause.
(4) Each local mental health advisory council shall be responsible and advisory to local mental health authorities in planning, organizing, and operating community mental health programs.
(5) Local mental health advisory council members shall be selected from persons representative of interested groups in the community, including, if possible:an officer or employee of the school district within the city or county;one or more individuals familiar with problems in mental health, as these are involved in proceedings in criminal, domestic, or juvenile courts;one or more members of voluntary health, welfare, or mental health associations or agencies;a member of the legislative body of each participating county; andat least one individual: licensed in this state to practice medicine; andengaged in the private practice of medicine.
(6) Local mental health advisory council members may be reimbursed for actual and necessary expenses incurred in the performance of official duties, from funds made available to local mental health authorities.
(7) Each local mental health advisory council shall be: an agent of the local mental health authority; andsubject to laws and requirements relating to the local mental health authority.
Renumbered and Amended by Chapter 14, 2025 Special Session 1
17-77-308 - Registration as a limited purpose entity.
(1) Each local mental health authority shall register and maintain the local mental health authority’s registration as a limited purpose entity, in accordance with Section 67-1a-15.
(2) A local mental health authority that fails to comply with Subsection (1) or Section 67-1a-15 is subject to enforcement by the state auditor, in accordance with Section 67-3-1.
Renumbered and Amended by Chapter 14, 2025 Special Session 1