|
|
ARIZONA HOUSE OF REPRESENTATIVESFifty-fifth Legislature Second Regular Session |
Senate: HHS DPA 6-2-0-0 | 3rd Read 17-12-1-0
|
SB 1210: mentally ill; transportation; evaluation; treatment
Sponsor: Senator Barto, LD 15
Transmitted to the Governor
Overview
Permits certain entities to authorize the apprehension and transportation of a proposed patient to an evaluation agency or mental health agency by an authorized transporter. Creates the Study Committee on Alternative Behavioral Health Transportation (Study Committee) and outlines membership and duties.
History
Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others or a person with a persistent or acute disability or a grave disability and that is unwilling or able to undergo involuntary evaluation. Statue outlines the type of data that must be included in the evaluation application and requires it to be signed and notarized (A.R.S. §§ 36-520 and 36-523).
A peace officer, on the advice of the admitting officer of the evaluating agency regarding emergency examination and admission of a proposed patient must apprehend and transport a person to an evaluation agency. In instances in which statutory emergency admission procedures are not available, a peace officer may take into custody any individual the peace officer has reasonable cause to believe is, as a result of a mental disorder, a danger to self or others and that during the time necessary to complete prepetition screening procedures the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or inflict serious physical harm on another person. The peace officer must transport the individual to a screening agency unless the person's conditions or the agency's location or hours makes such transportation impractical, in which event the person must be transported to an evaluation agency. A peace officer who makes good faith efforts to follow statutory requirements is not subject to civil liability (A.R.S. §§ 36-524 and 36-525).
Provisions
Court-Ordered Evaluation
1. Permits a court, a person, evaluation or mental health agency to authorize, request or order the apprehension and transportation of a patient or proposed patient by an authorized transporter to an evaluation agency or mental health agency if available in the city, town or county, if there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported by an authorized transporter without the assistance of a peace officer. (Sec. 2)
2. Outlines the individuals or entities that are not civilly liable for the apprehension and transportation of a proposed patient, except under acts of gross negligence. (Sec. 2)
3. Clarifies that these provisions do not require a city, town or county to contract with an authorized transporter to provide apprehension and transportation services instead of a peace officer. (Sec. 2)
4. Makes a city, town or county that enters into a contract with an authorized transporter financially responsible for the contracted services. (Sec. 2)
5. States that evaluation and mental health agencies are not financially responsible for the use of an authorized transporter. (Sec. 2)
6. Asserts that individuals ordered to undergo involuntary treatment and who are subjects of a petition for court-ordered treatment have the right to receive by personal service applicable petitions, orders of evaluation and other specified documents by a peace officer, process server or another person authorized by the Arizona Rules of Civil Procedure. (Sec. 3)
7. Directs the person who serves the specified documents to file with the court a proof of service that includes the date, time and manner of service. (Sec. 3)
8. Allows a county, city or town that employs peace officers to contract with a process server or another authorized person to provide specified documents to patients or proposed patients instead of by a peace officer. (Sec. 3)
9. Exempts evaluation agencies from being financially responsible for serving statutorily required documents. (Sec. 3)
10. Requires an evaluation petition to contain a statement of any facts and circumstances that lead the petitioner to believe that the proposed patient may be safely transported to the evaluation agency by an authorized transporter, if available in the jurisdiction, without peace officer assistance. (Sec. 4)
11. Instructs the peace officer on request of the admitting officer of the evaluation agency for an individual's emergency examination to apprehend and transport the individual to the evaluation agency. (Sec. 5)
12. Requires a copy of any order issued by the court, together with a copy of the petition for court-ordered evaluation to be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. (Sec. 7)
13. Specifies that on the filing of a petition for court-ordered treatment, if the patient is not detained in an evaluation agency when the petition is filed, the petition must contain a statement of any facts and circumstances that led the petitioner to believe that the proposed patient may be safely transported to the evaluation agency by an authorized transporter if available in the jurisdiction, without peace officer assistance. (Sec. 8)
14. Specifies that a copy of the petition for court ordered treatment, affidavits in support of the petition and notice of hearing must be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. (Sec. 9)
Certificate of Necessity (CON) Amendment
15. Allows a city or town that has a licensed health care institution within its jurisdictional boundaries and that operates an ambulance service to apply to amend its CON to provide interfacility transports in lieu of transports by a peace officer. (Sec. 10)
16. Outlines the information that a city or town must include in its CON amendment application to the Arizona Department of Health Services. (Sec. 10)
Study Committee on Alternative Behavioral Health Transportation
17. Creates the 13-member Study Committee to research and make recommendations for the implementation and use of alternative behavioral health transportation providers for individuals involved in the court-ordered or evaluation or treatment as an alternative to transportation by peace officers. (Sec. 11)
18. Specifies that the Study Committee will research and make recommendations for:
a) Establishing criteria for the certification of alternative behavioral health transportation providers, including the development of a training curriculum required to achieve the certification;
b) Recommending the appropriate agency for providing the certification; and
c) Identifying barriers to the use of alternative behavioral health transportation and detailing the costs associated with the implementation of the alternative behavioral health transportation providers, including cost savings and benefits associated with its use; and
d) Identifying means of improved integration of authorized transporters in the behavioral health system. (Sec. 11)
19. Authorizes the Study Committee to hold hearings, conduct fact-finding tours and take testimony from witnesses, including participants in the behavioral health and law enforcement systems that may assist the Study Committee in fulfilling it's responsibilities. (Sec. 10)
20. Requires the Legislature to provide staff and support services to the Study Committee. (Sec. 11)
21. Outlines membership of the Study Committee and specifies that they are not eligible to receive compensation. (Sec. 11)
22. Requires, by December 31, 2023, the Study Committee to submit a report regarding it's findings and recommendations to the Governor, President of the Senate and Speaker of the House of Representatives and provide a copy to the Secretary of State. (Sec. 10)
23. Repeals the Study Committee on July 1, 2024. (Sec. 11)
Miscellaneous
24.
Defines terms. (Sec. 1, 3)
25. Makes technical and conforming changes. (Sec. 1, 4-7, 9)
---------- DOCUMENT FOOTER ---------
SB 1210
Initials AG Page 0 Transmitted
---------- DOCUMENT FOOTER ---------