41-3803. Independent oversight committee on the mentally ill; membership; community forums; meetings; training plan; Arizona state hospital

A. The independent oversight committee on the mentally ill is established in the department of administration to promote the rights of persons who receive behavioral health services pursuant to:

1. Section 13-3992 or 13-3994.

2. Title 36, chapters 5 and 34.

B. Each region of this state covered by a regional behavioral health authority shall have at least one independent oversight committee with the authority and responsibilities as prescribed by the department of administration pursuant to rules adopted by the department relating to behavioral health services.

C. The director of the department may establish additional committees to serve persons who receive behavioral health services or to oversee the activities of any service provider.

D. Each independent oversight committee shall consist of at least seven and not more than fifteen members appointed by the director of the department with expertise in at least one of the following areas:

1. Psychology.

2. Law.

3. Medicine.

4. Education.

5. Special education.

6. Social work.

7. Mental health.

8. Housing for the mentally ill.

9. Criminal justice.

10. Public safety.

E. Each independent oversight committee, if appropriate, shall include at least two parents of children who receive behavioral health services pursuant to title 36, chapter 34.

F. Each independent oversight committee shall include at least one member who is a current or former client of the behavioral health system.

G. Current or former providers or employees of providers that have contracted with a regional behavioral health authority may serve on an independent oversight committee but may not hold more than two positions on the committee.

H. Each independent oversight committee may hold one or more community forums annually to receive comments regarding the experiences of individuals living with serious mental illness, and their family members and caregivers, across the care continuum.

I. The department shall ensure that each regional behavioral health authority and its providers develop and implement a human rights training plan to ensure that providers are trained regarding clients' human rights and the duties of the independent oversight committees.

J. The independent oversight committee at the Arizona state hospital shall have oversight of patients who have been determined to have a serious mental illness and who are hospitalized and receiving behavioral health services at the civil and forensic hospital pursuant to subsection A of this section.  The Arizona state hospital's administration and employees may not retaliate against a patient because the patient or the patient's family participates in the independent oversight committee meetings. A patient or patient's family that alleges retaliation must provide to the independent oversight committee in writing a detailed description of the retaliation and how the retaliation is connected to the patient's or family's participation in the independent oversight committee meetings. This subsection does not preclude the Arizona state hospital's administration from taking action against a patient who violates hospital policies or procedures.  The Arizona state hospital shall provide to the committee, subject to state and federal law, information regarding the following:

1. Seclusion of and the use of restraints on patients.

2. Incident accident reports.

3. Allegations of illegal, dangerous or inhumane treatment of patients.

4. Provisions of services to patients in need of special assistance.

5. Allegations of neglect and abuse.

6. Allegations of denial of rights afforded to patients with serious mental illness except if a right may be restricted for the safety of a patient, the state hospital or the public.

K. The Arizona state hospital superintendent and chief medical officer, or their designees, shall attend and participate in scheduled meetings of the independent oversight committee at the Arizona state hospital, except for the public comment period. The superintendent and the chief medical officer, or their designees, shall give a report to and respond to questions from the independent oversight committee members. Questions from the independent oversight committee members to the superintendent and the chief medical officer, or their designees, are limited to subjects specified in subsection J of this section. The superintendent shall ensure that the Arizona state hospital administration:

1. Fully cooperates with the independent oversight committee in all aspects of its work, as outlined in subsection J of this section.

2. Facilitates and supports the independent oversight committee's activities related to the Arizona state hospital and pursuant to the department of administration's rules.

3. Responds to the independent oversight committee with information that is responsive to inquiries made pursuant to this subsection or responds in writing as to why a request was denied.

L. Each committee shall be organized pursuant to this section and the requirements of section 41-3804.