53-21-604. (Temporary) Transportation of individuals for involuntary commitment or treatment to state hospital. (1) The department shall develop and implement or contract for services to provide transportation to and from the state hospital for individuals who need to be involuntarily committed to or treated by the state hospital pursuant to the provisions contained in this chapter. A county may choose to not use the services.
     (2) (a) Transportation may be provided only for those individuals who have no personal means of transportation to or from the state hospital.
     (b) The provisions of this section do not apply to transportation costs of individuals who are voluntarily admitted to a mental health facility under this chapter or of individuals who are to be admitted to the state hospital pursuant to Title 46.
     (3) The transportation service provided for in subsection (1) must include provisions for:
     (a) the procurement and use of vehicles suited for the purposes of the service;
     (b) the qualifications, training, and safety of individuals providing the service and the safety and dignity of individuals transported by the service;
     (c) a written policy for the use of mechanical or medical restraints that provides for the restraint of individuals being transported only for those situations in which the safety of the individuals being transported or providing the transportation clearly requires the use of restraints;
     (d) discharge planning that is coordinated with the transportation of individuals who are to be released from the state hospital; and
     (e) the payment by a county of fees, commensurate with costs, for services provided:
     (i) by the department when the county is seeking the involuntary commitment or treatment of the individual at the state hospital. The fees must be deposited in the account provided for in 53-21-605.
     (ii) by a county containing a regional medical center if it provides for transportation to the state hospital under this section.
     (4) If restraints are used while an individual is being transported to the state hospital, the individual must be given a physical examination upon arrival at the state hospital to determine whether any injury to the individual has occurred during the period of transportation.
     (5) If an individual cannot for any reason be transported by the service provided pursuant to this section or if a county chooses to not use the service, a sheriff may be used by the county seeking the involuntary commitment or treatment of the individual under the provisions contained in 7-32-2144.
     (6) The department shall adopt rules to implement this section. (Terminates June 30, 2011--sec. 9, Ch. 388, L. 2009.)

     History: En. Sec. 1, Ch. 388, L. 2009.