ARIZONA HOUSE OF REPRESENTATIVES Fifty-fourth Legislature Second Regular Session
	House: HHS DPA 9-0-0-0

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HB 2316: technical correction; health services; fees

NOW: mental disorder; considerations; involuntary treatment

Sponsor:  Representative Barto, LD 15

House Engrossed

Overview

Amends the definition of mental disorder and outlines circumstances under which a person cannot be considered for involuntary treatment.  

History

Contained in Title 36 of the Arizona Revised Statutes regarding public health and safety is Chapter 5 relating to mental health services. This chapter contains information on general provisions, civil and legal rights of patients, voluntary admissions, court-ordered evaluation and treatment, judicial review and community mental health residential treatment system. (A.R.S. Title 36, Chapter 5)

Current statute defines terms relating to mental health services. Mental disorder is defined as a substantial disorder of the person's emotional process, thought, cognition or memory and is distinguished from conditions related to drug or alcohol abuse, intellectual disability, declining mental abilities accompanying impending death and character and personality disorders. (A.R.S. § 36-501) Statute also outlines the application and screening processes for court-ordered evaluation of a person who is alleged to be dangerous due to mental disorder. (A.R.S. §§ 36-520, 36-521)

Provisions

1. Amends the definition of mental disorder by eliminating the distinction between mental disorder and conditions related to drug or alcohol abuse, intellectual disability, declining mental abilities accompanying impending death and character and personality disorders. (Sec. 1)

2. Prohibits a person who has substance use disorder without a co-occurring mental disorder from being considered for involuntary treatment. (Sec. 2)

3. Allows a person who has impairments consistent with mental disorder and substance use disorder to be screened, evaluated and treated if, after considering the person's history, an appropriate exam and a reasonable period of detoxification, the impairments of mental disorder persist or recur. (Sec. 2)

4. Prohibits a person who has an intellectual disability from being involuntarily treated unless the person has a mental disorder that would benefit from treatment. (Sec. 2)

5. Prohibits a person with declining mental abilities that directly accompany impending death from being involuntarily treated. (Sec. 2)

6. Prohibits a person with character or personality disorder characterized by lifelong antisocial behavior patterns from being involuntarily treated unless the person also has a mental disorder that would benefit from treatment. (Sec. 2)

7. Contains technical changes. (Sec. 1)

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                        HB 2316

Initials __________    Page 0 House Engrossed

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