26B-5-508. Seventy-two-hour emergency treatment pending a final court order.
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Effective 5/3/2023
26B-5-508. Seventy-two-hour emergency treatment pending a final court order.
(1)A court may order a respondent to be hospitalized for up to 72 hours if:
(a)an essential treatment examiner has examined the respondent and certified that the respondent meets the criteria described in Section 26B-5-504 ; and
(b)the court finds by clear and convincing evidence that the respondent presents an imminent threat of serious harm to self or others as a result of a substance use disorder.
(2)An individual who is admitted to a hospital under this section shall be released from the hospital within 72 hours after admittance, unless a treating physician or essential treatment examiner determines that the individual continues to pose an imminent threat of serious harm to self or others.
(3)If a treating physician or essential treatment examiner makes the determination described in Subsection
(2), the individual may be detained for as long as the threat of serious harm remains imminent, but not more than 10 days after the day on which the individual was hospitalized, unless a court orders otherwise.
(4)A treating physician or an essential treatment examiner shall, as frequently as practicable, examine an individual hospitalized under this section and release the individual if it is determined that a threat of imminent serious harm no longer exists.
Renumbered and Amended by Chapter 308 , 2023 General Session