77-15-10. Involuntary medication order portability.

588 words·~3 min read·/ut/title-77/chapter-15/77-15-10

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Covered individual" means an individual subject to an involuntary medication order.

(b)"Facility" means:

(i)a county jail;

(ii)the Utah State Hospital established in Section 26B-5-302 ; or

(iii)a facility where a covered individual is receiving treatment and where an administrative hearing regarding the involuntary administration of a psychiatric medication is conducted, including:

(A)a licensed inpatient psychiatric facility; or

(B)a state correctional facility.

(c)"Involuntary medication order" means a court order or an administrative order that:

(i)is authorized by law or administrative rule; and

(ii)permits the administration of psychiatric medication to an individual without the individual's consent.

(d)"Qualified medical professional" means an individual who is licensed as:

(i)a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(ii)a psychiatrist under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(iii)a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act; or

(iv)a nurse practitioner under Title 58, Chapter 31b, Nurse Practice Act.

(e)"Receiving facility" means a facility where a covered individual is being transferred.

(f)"Sending facility" means a facility where a covered individual is held or incarcerated.

(2)An involuntary medication order remains valid and in effect when a covered individual is transferred from a sending facility to a receiving facility.

(3)Before a receiving facility continues administering medication to an individual transferred from a sending facility under an involuntary medication order:

(a)a qualified medical professional employed by the receiving facility shall:

(i)review the covered individual's medical record from the sending facility and the involuntary medication order;

(ii)conduct a face-to-face assessment of the covered individual's current mental and physical condition;

(iii)assess whether the covered individual can be transitioned to receiving medication on a voluntary basis if the covered individual continues to need medication; and

(b)the qualified medical professional shall document in the covered individual's medical record a signed statement affirming that:

(i)the covered individual continues to suffer from a mental illness and, as a result of the mental illness, poses a likelihood of serious harm to the covered individual or others if treatment ordered in the involuntary medication order is discontinued; and

(ii)the administration of psychiatric medication as ordered in the involuntary medication order is:

(A)medically appropriate;

(B)in the covered individual's best interest; and

(C)the least restrictive treatment necessary to maintain the safety of the covered individual and others.

(a)A sending facility and receiving facility shall coordinate transfer of a covered individual's medication plan.

(b)If the covered individual's medication is unavailable under the receiving facility's formulary, the medical director of the sending facility, or the medical director's designee, and the medical director of the receiving facility, or the medical director's designee, shall agree on a therapeutic equivalent or alternative that prevents interruption of the covered individual's treatment.

(c)If the medical director of the receiving facility does not agree to a therapeutic equivalent or alternative described in Subsection (4)(b) , the receiving facility may not continue to involuntarily medicate the covered individual unless the receiving facility seeks a new involuntary medication order.

(5)This section does not affect:

(a)the rights of a covered individual under this chapter; or

(b)the original expiration date of an involuntary medication order.

Enacted by Chapter 76 , 2026 General Session