Utah Code 17-43-301. Local mental health authorities

17-43-301. Local mental health authorities — Responsibilities.

(1)

As used in this section:

Terms Used In Utah Code 17-43-301

Contract: A legal written agreement that becomes binding when signed.
County executive: means :Utah Code 68-3-12.5
County legislative body: means :Utah Code 68-3-12.5
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 17-43-102
Division: means the Division of Integrated Healthcare within the department. See Utah Code 17-43-102
Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:

(a)	the power and duty to carry laws and ordinances into effect and secure their due observance; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101

Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:

(a)	the power and duty to enact ordinances, levy taxes, and establish budgets; and

(b)

those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101

Person: means :Utah Code 68-3-12.5

Property: includes both real and personal property. See Utah Code 68-3-12.5

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

Writing: includes :Utah Code 68-3-12.5

(a)

“Assisted outpatient treatment” means the same as that term is defined in Section 26B-5-301.

(b)	“Crisis worker” means the same as that term is defined in Section 26B-5-610.

(c)	“Local mental health crisis line” means the same as that term is defined in Section 26B-5-610.

(d)	“Mental health therapist” means the same as that term is defined in Section 58-60-102.

(e)	“Public funds” means the same as that term is defined in Section 17-43-303.

(f)	“Statewide mental health crisis line” means the same as that term is defined in Section 26B-5-610.

(2)

(a)

(i)	In each county operating under a county executive-council form of government under Section 17-52a-203, the county legislative body is the local mental health authority, provided however that any contract for plan services shall be administered by the county executive.

(ii)	In each county operating under a council-manager form of government under Section 17-52a-204, the county manager is the local mental health authority.

(iii)

In each county other than a county described in Subsection (2)(a)(i) or (ii), the county legislative body is the local mental health authority.

(b)

Within legislative appropriations and county matching funds required by this section, under the direction of the division, each local mental health authority shall:

(i)	provide mental health services to individuals within the county; and

(ii)	cooperate with efforts of the division to promote integrated programs that address an individual’s substance use, mental health, and physical healthcare needs, as described in Section 26B-5-211.

(c)

Within legislative appropriations and county matching funds required by this section, each local mental health authority shall cooperate with the efforts of the department to promote a system of care, as defined in Section 26B-1-102, for minors with or at risk for complex emotional and behavioral needs, as described in Section 26B-1-202.

(3)

(a)

By executing an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act, two or more counties may join to:

(i)	provide mental health prevention and treatment services; or

(ii)	create a united local health department that combines substance use treatment services, mental health services, and local health department services in accordance with Subsection (4).

(b)	The legislative bodies of counties joining to provide services may establish acceptable ways of apportioning the cost of mental health services.

(c)

Each agreement for joint mental health services shall:

(i)

(A)	designate the treasurer of one of the participating counties or another person as the treasurer for the combined mental health authorities and as the custodian of money available for the joint services; and

(B)	provide that the designated treasurer, or other disbursing officer authorized by the treasurer, may make payments from the money available for the joint services upon audit of the appropriate auditing officer or officers representing the participating counties;

(ii)	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;

(iii)

(A)	provide for the appointment of the county or district attorney of one of the participating counties as the designated legal officer for the combined mental health authorities; and

(B)	authorize 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; and

(iv)	provide 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.

(d)

An agreement for joint mental health services may provide for:

(i)	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; and

(ii)	allocation of appointments of members of the mental health advisory council between or among participating counties.

(4)

A county governing body may elect to combine the local mental health authority with the local substance abuse authority created in 2, and the local health department created in 1, to create a united local health department under Section 26A-1-105.5. A local mental health authority that joins with a united local health department shall comply with this part.

(5)

(a)	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 those departments for mental health services, regardless of whether the services are provided by a private contract provider.

(b)

Each local mental health authority shall comply, and require compliance by its contract provider, with all directives issued by the department regarding the use and expenditure of state and federal funds received from those departments for the purpose of providing mental health programs and services. The department shall ensure that those directives are not duplicative or conflicting, and shall consult and coordinate with local mental health authorities with regard to programs and services.

(6)

(a)

Each local mental health authority shall:

(i)

review and evaluate mental health needs and services, including mental health needs and services for:

(A)	an individual incarcerated in a county jail or other county correctional facility; and

(B)	an individual who is a resident of the county and who is court ordered to receive assisted outpatient treatment under Section 26B-5-351;

(ii)	in accordance with Subsection (6)(b), 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;

(iii)

establish and maintain, either directly or by contract, programs licensed under 1;

(iv)	appoint, directly or by contract, a full-time or part-time director for mental health programs and prescribe the director’s duties;

(v)	provide input and comment on new and revised rules established by the division;

(vi)	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;

(vii)

establish mechanisms allowing for direct citizen input;

(viii)

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;

(ix)	comply with all applicable state and federal statutes, policies, audit requirements, contract requirements, and any directives resulting from those audits and contract requirements;

(x)	provide funding equal to at least 20% of the state funds that it receives to fund services described in the plan;

(xi)	comply with the requirements and procedures of Title 11, Chapter 13, Interlocal Cooperation Act, 6, and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; and

(xii)

take and retain physical custody of minors committed to the physical custody of local mental health authorities by a judicial proceeding under 4.

(b)

Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and children, which shall include:

(i)	inpatient care and services;

(ii)	residential care and services;

(iii)

outpatient care and services;

(iv)	24-hour crisis care and services;

(v)	psychotropic medication management;

(vi)	psychosocial rehabilitation, including vocational training and skills development;

(vii)

case management;

(viii)

community supports, including in-home services, housing, family support services, and respite services;

(ix)	consultation and education services, including case consultation, collaboration with other county service agencies, public education, and public information; and

(x)	services to persons incarcerated in a county jail or other county correctional facility.

(7)

(a)

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 (6)(b)(iv), the local mental health authority shall:

(i)	collaborate with the statewide mental health crisis line described in Section 26B-5-610;

(ii)

ensure that each individual who answers calls to the local mental health crisis line:

(A)	is a mental health therapist or a crisis worker; and

(B)	meets the standards of care and practice established by the Division of Integrated Healthcare, in accordance with Section 26B-5-610; and

(iii)

ensure 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:

(A)	waiting on hold; or

(B)	being screened by an individual other than a mental health therapist or crisis worker.

(b)	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 (6)(b)(iv), the local mental health authority shall use the statewide mental health crisis line as a local crisis line resource.

(8)

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:

(a)

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:

(i)	the division;

(ii)	the local mental health authority director;

(iii)

(A)	the county treasurer and county or district attorney; or

(B)	if two or more counties jointly provide mental health services under an agreement under Subsection (3), the designated treasurer and the designated legal officer;

(iv)	the county legislative body; and

(v)	in a county with a county executive that is separate from the county legislative body, the county executive;

(b)	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; and

(c)	the entity will comply with the provisions of Subsection (5)(b).

(9)	A local mental health authority may receive property, grants, gifts, supplies, materials, contributions, and any benefit derived therefrom, for mental health services. If those gifts are conditioned upon their use for a specified service or program, they shall be so used.

(10)	Public funds received for the provision of services pursuant to 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.

(11)	A local mental health authority shall provide assisted outpatient treatment services, as described in Section 26B-5-350, to a resident of the county who has been ordered under Section 26B-5-351 to receive assisted outpatient treatment.

Amended by Chapter 15, 2023 General Session
Amended by Chapter 327, 2023 General Session

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Utah Code 17-43-301. Local mental health authorities — Responsibilities

Terms Used In Utah Code 17-43-301