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Senate approves first substitute to mental-health amendments, adding privacy-waiver option and procedural clarifications

Utah State Senate · February 8, 2019
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Summary

The Senate substituted and approved first substitute SB38, which requires review of a patient’s mental-health history before civil commitment, restores specific authority to local mental-health entities, and directs providers to offer patients a privacy-waiver option to allow family involvement. Vote: 28–0, 1 absent.

Senator Fillmore, sponsor of the interim-committee bill, outlined three policy changes in the first substitute to Senate Bill 38: requiring consideration of a patient’s mental‑health history before civil commitment, reaffirming certain powers for local mental‑health authorities, and directing mental‑health professionals to offer first‑time patients an opportunity to sign a privacy waiver to allow family or close‑friend involvement in treatment discussions.

“First of all, it requires that before a patient is or while a patient is being considered for civil commitment, that we should consider that patient's mental health history,” the sponsor said on the floor. He said the substitute also incorporated a court‑requested clarification to ensure the courts could not interpret procedural language to remove a person from civil commitment solely because they did not show up at a hearing.

Supporters described the provisions as restoring clarity to local procedures and improving early family involvement in treatment decisions. No floor amendments were offered during debate; the Senate moved and adopted a substitution (replacing SB38 with the first substitute) and then voted to read the substituted bill a third time. The clerk recorded the third‑reading tally as 28 yeas, 0 nays, 1 absent. The bill will be sent to the House as amended.

Sponsor contact and next steps: the Senate referred the first substitute to the third‑reading process; the measure will be signed by the president in open session and transmitted to the House for further consideration.