No. 35590 (Amendment): Rule R525-3. Medication Treatment of Patients

(Amendment)

DAR File No.: 35590
Filed: 01/03/2012 09:45:52 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to: 1) update the format of the rule by adding the statutory rulemaking authority and purpose of the rule; and 2) revise the language of the rule to bring it into compliance with the governing statute.

Summary of the rule or change:

The changes: 1) add the statutory rulemaking authority and purpose of the rule; and 2) edit the consent language to bring the rule into compliance with statute.

State statutory or constitutional authorization for this rule:

• Section 62A-15-704
• Section 62A-15-606

Anticipated cost or savings to:

the state budget:

Because this amendment is correcting the formatting of the rule and procedural editing of the patient consent language for statutory compliance, there is no cost or savings to the state budget.

local governments:

Because this amendment is correcting the formatting of the rule and procedural editing of the patient consent language for statutory compliance, there is no cost or savings to local government.

small businesses:

Because this amendment is correcting the formatting of the rule and procedural editing of the patient consent language for statutory compliance, there is no cost or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

Because this amendment is correcting the formatting of the rule and procedural editing of the patient consent language for statutory compliance, there is no cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Because this amendment is correcting the formatting of the rule and procedural editing of the patient consent language for statutory compliance, there is no compliance cost for affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses by this amendment because this amendment is limited to format and procedural changes only.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Substance Abuse and Mental Health, State Hospital
UTAH STATE HOSPITAL
PROVO, UT 84603-0270

Direct questions regarding this rule to:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• L Ray Winger at the above address, by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2012

This rule may become effective on:

02/21/2012

Authorized by:

Lana Stohl, Director

RULE TEXT

R525. Human Services, Substance Abuse and Mental Health, State Hospital.

R525-3. Medication Treatment of Patients.

R525-3-1. Authority and Purpose.

(1) This rule is adopted under the authority of Section 62A-15-606.

(2) The purpose of this rule is to provide guidance on the medication treatment of patients as required by 62A-15-704(3).

 

R525-3-[1]2. Medication as Part of Treatment.

Utah State Hospital (USH) offers medication as part of treatment for patients.

 

R525-3-[2]3. Patients May Refuse Medication Treatment.

Patients have the right to refuse medication treatment.

 

R525-3-[3]4. Clinical Medication Review.

In the event that a patient refuses medication treatment, USH staff shall hold a clinical medication review to determine if medication treatment is required as part of the patient's treatment.

 

R525-3-[4]5. Patient/Legal Guardian Shall Attend Review.

The patient/legal guardian shall be afforded the opportunity to attend the review and address the issue of medication treatment.

 

R525-3-[5]6. Medication Review Committee to Render a Decision.

The medication review committee shall render a decision with respect to whether medication is a requirement of treatment and shall inform the patient/legal guardian of that decision.

 

R525-3-[6]7. The Patient May Appeal the Decision.

The patient/legal guardian shall be afforded the opportunity to appeal any decision and have the case reviewed by the Hospital Clinical Director/designee.

 

R525-3-[7]8. Hospital Clinical Director/Designee Shall Review the Case.

The Hospital Clinical Director/designee shall review the appeal and render a decision with respect to whether or not the patient is required to take medication as part of their treatment.

 

R525-3-[8]9. Periodic Reviews.

Patients medicated pursuant to a medication review are periodically evaluated to determine if medication treatment continues to be a requirement of their treatment.

 

R525-3-[9]10. Medication Treatment of Minors.

Medication treatment of minor children is conducted only in agreement with the child and[/or] the parent/legal guardian.

 

R525-3-[10]11. Electroconvulsive Therapy.

Electroconvulsive therapy is provided upon consent of the patient/legal guardian and may be provided by other hospitals that are equipped and staffed to provide safe and effective electroconvulsive therapy and recovery.

 

KEY: medication treatment

Date of Enactment or Last Substantive Amendment: [May 25, 1998]2012

Notice of Continuation: May 19, 2008

Authorizing, and Implemented or Interpreted Law: 62A-15-606; 62A-15-704(3)

 

---