First Regular Session H.B. 2668
COMMITTEE ON APPROPRIATIONS
SENATE AMENDMENTS TO H.B. 2668
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 36-501, Arizona Revised Statutes, is amended to read:
36-501. Definitions
In this chapter, unless the context otherwise requires:
1. "Administration" means the Arizona health care cost containment system administration.
2. "Admitting officer" means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency.
3. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital.
4. "Contraindicated" means that access is reasonably likely to endanger the life or physical safety of the patient or another person.
5. "Court" means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title.
6. "Criminal history" means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to section 13-4510.
7. "Danger to others" means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person's need for treatment and as a result of the person's mental disorder the person's continued behavior, including expressed threats of violence or overt acts that present a probability of physical injury to other persons, can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm.
8. "Danger to self":
(a) Means behavior that, as a result of a mental disorder:
(i) Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out.
(ii) Without hospitalization will result in serious physical harm or serious illness to the person.
(b) Does not include behavior that establishes only the condition of having a grave disability.
9. "Department" means the department of health services.
10. "Detention" means the taking into custody of a patient or proposed patient.
11. "Director" means the director of the administration.
12. "Evaluation" means:
(a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of not less than the following:
(i) Two licensed physicians, who shall be are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and who shall examine and report their findings independently. The person against whom a petition has been filed shall be notified that the person may select one of the physicians. A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if the resident is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in the resident's training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys.
(ii) Two other individuals, one of whom, if available, shall be is a psychologist and in any event a social worker familiar with mental health and human services that may be available placement alternatives appropriate for treatment. An evaluation may be conducted on an inpatient basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person.
(b) A physical examination that is consistent with the existing standards of care and that is performed by one of the evaluating physicians or by or under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 if the results of that examination are reviewed or augmented by one of the evaluating physicians.
13. "Evaluation agency" means a health care agency that is licensed by the department and that has been approved pursuant to this title, providing those services required of such agency by this chapter.
14. "Family member" means a spouse, parent, adult child, adult sibling or other blood relative of a person undergoing treatment or evaluation pursuant to this chapter.
15. "Grave disability" means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs.
16. "Health care decision maker" has the same meaning prescribed in section 12-2801.
17. "Health care entity" means a health care provider, the department, the administration or a regional behavioral health authority that is under contract with the administration.
18. "Health care provider" means a health care institution as defined in section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider.
19. "Independent evaluator" means a licensed physician, psychiatric and mental health nurse practitioner or psychologist who is selected by the person to be evaluated or by such that person's attorney.
20. "Informed consent" means a voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures.
21. "Least restrictive treatment alternative" means the treatment plan and setting that infringe in the least possible degree with the patient's right to liberty and that are consistent with providing needed treatment in a safe and humane manner.
22. "Licensed physician" means any medical doctor or doctor of osteopathy who is either:
(a) Licensed in this state.
(b) A full-time hospital physician licensed in another state and serving on the staff of a hospital operated or licensed by the United States government.
23. "Medical director of an evaluation agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital.
24. "Medical director of a mental health treatment agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and includes the chief medical officer of the state hospital.
25. "Mental disorder" means a substantial disorder of the a person's emotional processes, thought, cognition or memory. Mental disorder is distinguished from:
(a) Conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless, in addition to one or more of these conditions, the person has a mental disorder.
(b) The declining mental abilities that directly accompany impending death.
(c) Character and personality disorders characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute unless the behavior results from a mental disorder.
26. "Mental health provider" means any physician or provider of mental health or behavioral health services who is involved in evaluating, caring for, treating or rehabilitating a patient.
27. "Mental health treatment agency" means the state hospital or a health care agency that is licensed by the department and that provides those services that are required of the agency by this chapter.
28. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization.
29. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization.
30. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter.
31. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns.
32. "Persistent or acute disability" means a severe mental disorder that meets all the following criteria:
(a) If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality.
(b) Substantially impairs the person's capacity to make an informed decision regarding treatment, and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person.
(c) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.
33. "Prepetition screening" means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in such the application, an interview with each applicant and an interview, if possible, with the proposed patient. The purpose of the interview with the proposed patient is to assess the problem, explain the application and, when indicated, attempt to persuade the proposed patient to receive, on a voluntary basis, evaluation or other services.
34. "Prescribed form" means a form established by a court or the rules of the administration in accordance with the laws of this state.
35. "Professional" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a psychologist who is licensed pursuant to title 32, chapter 19.1 or a psychiatric and mental health nurse practitioner who is certified pursuant to title 32, chapter 15.
36. "Proposed patient" means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed.
37. "Prosecuting agency" means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter.
38. "Psychiatric and mental health nurse practitioner" means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family psychiatric and mental health nurse practitioner by the state board of nursing.
39. "Psychiatrist" means a licensed physician who has completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association.
40. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and who is experienced in the practice of clinical psychology.
41. "Records" means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral or mental health treatment. Records include medical records that are prepared by a health care provider or other providers. Records do not include:
(a) Materials that are prepared in connection with utilization review, peer review or quality assurance activities, including records that a health care provider prepares pursuant to section 36-441, 36-445, 36-2402 or 36-2917.
(b) Recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity.
42. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401.
43. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of such agency by this chapter.
44. "Social worker" means a person who has completed two years of graduate training in social work in a program approved by the council of social work education and who has experience in mental health.
45. "State hospital" means the Arizona state hospital.
46. "Superintendent" means the superintendent of the state hospital.
Sec. 2. Title 41, chapter 4, article 7, Arizona Revised Statutes, is amended by adding section 41-794, to read:
41-794. Illegal camping; prohibited; exceptions; violation; classification; structured camping facilities; definitions
A. It is unlawful for any person to knowingly use any portion of state property for camping or setting up long-term homeless shelters except in structured camping facilities.
B. This section does not prohibit the normal, customary and temporary use of recreational camping areas, safety rest areas, welcome centers, tourist centers and other state properties that are specifically designated for purposes of resting, sleeping, eating or other similar activities for recreational purposes or by persons traveling by vehicle.
C. This section does not apply to:
1. state or local government officials or employees while acting in their official capacities and performing activities as part of their official duties.
2. employees of contractors or subcontractors while performing duties under a contract with this state.
D. A person who violates this section is guilty of a class 3 misdemeanor. On a first violation, the person shall be referred for mental health, job training or addiction treatment services or any combination of these services.
E. The department of administration, in coordination with the Arizona department of housing, may designate areas of state property to establish structured camping facilities to house homeless individuals, including homeless individuals who are removed from state property.
F. Structured camping facilities are not subject to state and local building codes.
G. Individuals without a stable residence shall be allowed to bring camping equipment and personal property onto a structured camping facility and shall be assigned a specific location to set up temporary residence within the structured camping facility.
H. Residence in a structured camping facility shall be conditioned on completing service obligations as determined by the department. An individual who fails to comply with any service obligations may be subject to immediate removal from the structured camping facility.
I. For the purposes of this section:
1. "Camping" means temporary habitation outdoors as evidenced by one or more of the following actions:
(a) Erecting or using tents or other shelters.
(b) Laying down sleeping bags, blankets or other materials used for bedding.
(c) Placing or storing personal belongings.
(d) Building a fire.
(e) Cooking.
2. "State property" means any building, land or other real property that is owned, leased or occupied by any department, commission or board of this state or any other entity of this state if the property does not include any portion of road or right-of-way on the state highway system.
3. "Structured camping facilities" means state property that is designated by the department for use by homeless individuals for camping.
Sec. 3. Title 41, chapter 21, article 1, Arizona Revised Statutes, is amended by adding section 41-2408, to read:
41-2408. Homeless outreach teams; definitions
A. Any state public safety grant that is awarded to a city or town that has a population of fifty thousand persons or more and a higher per capita rate of unsheltered homelessness than the state average shall:
1. Dedicate at least ten percent but not more than twenty-five percent of grant monies to establish homeless outreach teams. These teams shall:
(a) Be composed of police officers, social service professionals and mental health professionals.
(b) Work to move individuals who are camping and sleeping in public or private places that are not fit for human habitation into homeless shelters and services.
(c) Enforce state and local laws against street camping and sleeping in public.
(d) Prioritize moving homeless individuals into drug, homeless or mental health courts whenever possible.
b. For the purposes of this section:
1. "Per capita rate of unsheltered Homelessness" means the per capita rate of unsheltered homelessness that is based on the point-in-time count as determined by the United States department of housing and urban development.
2. "state public safety grant" means funding from the Edward Byrne memorial justice assistance grant that is administered by the Arizona criminal justice commission pursuant to section 41-2403 and any other state grant that is provided to assist in enforcing local public safety laws.
Sec. 4. Title 41, chapter 37, article 2, Arizona Revised Statutes, is amended by adding section 41-3954, to read:
41-3954. Homeless grants administration; definitions
A. On and after July 1, 2022, unless otherwise prohibited by federal law or regulation, all state monies that are received by the department for the purposes of addressing homelessness and that are currently allocated to a city, town, continuum of care or nonprofit organization to construct or purchase short-term housing or shelter for homeless individuals shall be redirected by the department for the following uses:
1. Safe parking areas within a PARKING lot that include:
(a) Access to basic utilities that are sufficient to service all of the safe parking spots within the PARKING lot.
(b) Basic utilities, including water and electrical outlets.
(c) Access to bathrooms that are sufficient to service all occupants within the PARKING lot.
2. Structured camping facilities that:
(a) Are not subject to state AND LOCAL building codes.
(b) Are ACCESSIBLE to individuals without a stable residence and in which those individuals will be allowed to bring camping equipment and personal property and will be assigned a specific location to set up residence.
3. Individual unit shelters that shall:
(a) Be suitable to house between one and three individuals.
(b) Provide basic sleeping accommodations and access to electricity.
(c) Provide access to showers and bathroom facilities that are sufficient to service all individual unit shelters.
(d) Limit occupation to a period of six months.
B. On and after July 1, 2022, any CONTINUUM OF CARE THAT operatES in an area with a per capita homelessness RATE that is higher than the average state RATE shall allocate state MONIES typically used to construct or purchase permanent supportive housing, and not otherwise restricted by federal LAW or regulation or court order, to nonprofit ORGANIZATIONS according to the following:
1. The CONTINUUM OF CARE shall conduct a survey of homeless individuals living within the area in which the CONTINUUM OF CARE operates, including a survey of local hospitals, jails and homeless shelters. The survey SHALL be conducted as far as possible in tandem with the annual point-in-time count of homeless individuals and combined with information collected in the Homeless Management Information System. All LAW ENFORCEMENT AGENCIES shall cooperate with THE survey. The survey shall account for the following factors among homeless individuals:
(a) The number of days the individual was unhoused or in shelters in the prior year.
(b) The number of days the individual spent in any state or federal correctional facility in the prior year.
(c) the number of days the individual was hospitalized in the prior year.
2. The continuum of care shall identify individuals with the highest levels of combined total days as determined pursuant to paragraph 1 of this subsection and assist the department in awarding all state monies to nonprofit organizations that are willing and competent to assist the individuals. If practicable, the department shall randomly select individuals from the group with highest total days as determined pursuant to paragraph 1 of this subsection and reward those nonprofit organizations serving the individuals based on a reduction of the number of days relative to the group that was not selected with the number of days to be weighted as determined by the department.
3. Each nonprofit organization that is selected for funding shall receive a three-year grant allocation contract.
4. In lieu of the grant allocation contracts that are authorized by this section, the continuum of care may assist the department in selecting and contracting with nonprofit organizations that use at least two of the three factors prescribed in paragraph 1 of this subsection. The department shall approve the contracts.
C. The continuum of care may use state grants for conducting surveys pursuant to subsection B of this section, but the expenses may not exceed ten percent of the total grants.
D. Unless otherwise restricted by federal law, state monies may not be allocated to any city, town, continuum of care or nonprofit organization to construct or purchase any short-term housing that costs more than $40,000 per bed to construct, excluding the price of land. State monies may not be allocated to any city, town, continuum of care or nonprofit organization to construct any short-term housing that costs more than $10,000 a year to maintain at a basic level of habitability. State monies may not be allocated to any continuum of care or nonprofit organization in a city or town that shows an increase in unsheltered homeless of fifty individuals or more for two consecutive years or that refuses to enforce laws banning street camping or sleeping in public.
E. Any city or town with a per capita rate of homelessness higher than the state average that refuses to enforce laws banning street camping or sleeping in public may not receive any state grants pursuant to this section until the per capita rate of unsheltered homelessness is at or below the state average or the city or town enforces laws banning street camping and sleeping in public.
F. For the purposes of this section:
1. "Continuum of care" means a local homeless services organization to which state monies are directed as defined in the code of federal regulations.
2. "Nonprofit ORGANIZATION" means a nonprofit organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes.
3. "State monies" means all state and federal monies that are appropriated to the department relating to grants for providers of shelter and services to the homeless."
Amend title to conform