26B-5-510.  Confidentiality.

(1)  The purpose of this part is to provide a process for essential treatment and intervention to save lives, preserve families, and reduce substance use disorder, including opioid addiction.

Terms Used In Utah Code 26B-5-510

  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-501
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)  An essential treatment petition and any other document filed in connection with the petition for essential treatment is confidential and protected.

(3)  A hearing on an essential treatment petition is closed to the public, and only the following individuals and their legal counsel may be admitted to the hearing:

(a)  parties to the petition;

(b)  the essential treatment examiners who completed the court-ordered examination under Subsection 26B-5-505(3);

(c)  individuals who have been asked to give testimony; and

(d)  individuals to whom notice of the hearing is required to be given under Subsection 26B-5-505(2)(c).

(4)  Testimony, medical evaluations, the petition, and other documents directly related to the adjudication of the petition and presented to the court in the interest of the respondent may not be construed or applied as an admission of guilt to a criminal offense.

(5)  A court may, if applicable, enforce a previously existing warrant for a respondent or a warrant for a charge that is unrelated to the essential treatment petition filed under this part.

Renumbered and Amended by Chapter 308, 2023 General Session