 |
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
mentally ill; transportation; evaluation; treatment
Purpose
Allows the court, an admitting officer, mental health treatment agency or evaluation agency to authorize apprehension and transportation of a proposed patient to an evaluation agency by an authorized transporter. Establishes the Study Committee on Alternative Behavioral Health Transportation (Committee) and outlines Committee membership, duties and requirements.
Background
Current statute authorizes any individual to apply for a court-ordered
evaluation of a person alleged to be, as a result of a mental disorder, a
danger to self or others or a person with a persistent, acute or grave
disability that is unwilling or able to under a voluntary evaluation (A.R.S.
§ 36-520). The petition for evaluation must include: 1) the name and
address of the petitioner and the proposed patient; 2) the present whereabouts
of the proposed patient; 3) a statement alleging there is reasonable cause to
believe the proposed patient has a mental disorder, is a danger to self or
others, has a persistent, acute or grave disability and is unwilling to or
unable to undergo voluntary evaluation; 4) a summary of facts that support the
allegations, including the facts that brought the proposed patient to the
screening agency's attention; 5) any known criminal history of the proposed
patient, if the petition is filed by a prosecutor, including whether the
patient has even been found incompetent to stand trial; and 6) other
information that the Director of the Department of Health Services (DHS) or the
court may require (A.R.S.
§ 36-523)
If the admitting officer of an evaluation agency has reasonable cause to believe that an emergency examination of a proposed patient is necessary, based on a review of the conversation with the applicant and peace officer, the admitting officer may advise the peace officer that sufficient ground exists to take the person into custody and transport the person to the evaluation agency. The peace officer, on advice of the admitting officer, must apprehend and transport the person to the evaluation agency (A.R.S. §§ 36-524 and 36-525).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Court-Ordered Evaluation
1. Allows the court, a person, mental health treatment agency or evaluation agency to authorize, request or order apprehension and transportation of a patient or proposed patient by an authorized transporter to an evaluation agency or mental health treatment agency if:
a) the entity has authorized apprehension and transportation of the patient by a peace officer; and
b) there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported without peace officer assistance.
2. Specifies the following individuals or entities are not civilly liable for the apprehension and transportation of a proposed patient, except under acts of gross negligence:
a) any person who provides a court, person, authorized mental health treatment agency or evaluation agency with facts and circumstances or an expressed opinion that there may be reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported to an evaluation agency or mental health treatment agency by an authorized transporter without peace officer assistance;
b) the court;
c) the evaluation agency;
d) the mental health treatment agency; and
e) the authorized transporter.
3. Asserts that municipalities and counties are not required to contract with authorized transporters.
4. States that a municipality or county that enters into a contract for authorized transportation services is financially responsible for the contracted services.
5. States that evaluation agencies and mental health treatment agencies are not financially responsible for the use of an authorized transporter and that evaluation agencies are not financially responsible for serving notices of hearing, copies of a petition or affidavits in support of the petition.
6. Specifies that persons ordered to undergo involuntary treatment have the right to receive applicable petitions, orders of evaluation and other outlined documents, to be personally served by a peace officer, process server or another person authorized by the Arizona Rules of Civil Procedure.
7. Requires each of the following to be personally served on a proposed patient:
a) the petition for court-ordered evaluation;
b) the order for evaluation;
c) affidavits in support of the petition; and
d) notice of hearing.
8. Requires a person who serves evaluation documents to file proof of service with the court.
9. Allows counties and municipalities that employ peace officers to contract with a process server or another authorized person to provide evaluation documents to patients or proposed patients.
10. Requires an evaluation petition to include 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 without peace officer assistance.
11. Stipulates that a petition for court-ordered treatment must contain a statement of any facts and circumstances that led the petitioner to believe the proposed patient may be safely transported to an evaluation agency by an authorized transporter without the assistance of a peace officer, if the patient is not detained in an evaluation agency at the time the order is filed.
12. Allows a municipality with a licensed health care institution that operates an ambulance service to apply to amend its certificate of necessity (CON) to provide interfacility transports in lieu of transports by a peace officer.
13. Requires a municipality seeking to amend its CON to provide interfacility transports to include in its application:
a) the number of interfacility transports made by peace officers in the municipality, from health care institutions to evaluation agencies or mental health treatment agencies, in the preceding two years; and
b) the projected call volume in the next year for interfacility transports to be made in lieu of peace officer transports.
14. Defines authorized transporter as a transportation entity that is contracted with a city, town or county to provide authorized transportation services and is either:
a) an ambulance company that holds a valid certificate of necessity; or
b) a transportation provider authorized by the state to provide safe behavioral health transportation.
Study Committee on Alternative Behavioral Health Transportation
15. Establishes the Committee, consisting of the following members:
a) two members of the Senate from different political parties, with one member to serve as Co-Chair, appointed by the President of the Senate (President);
b) two members of the House of Representatives from different political parties, with one member to serve as Co-Chair, appointed by the Speaker of the House of Representatives (Speaker);
c) the DHS Director or the Director's designee;
d) the Director of the Arizona Health Care Cost Containment System or the Director's designee;
e) a representative of a law enforcement agency from a county with a population of fewer than 1,000,000 persons, appointed by the Speaker;
f) a representative of a law enforcement agency from a county with a population of 1,000,000 persons or greater, appointed by the President;
g) a representative of an evaluation agency, appointed by the Speaker;
h) two representatives of behavioral health advocacy organizations, one of whom is appointed by the President and the other by the Speaker;
i) a representative of a regional behavioral health authority, appointed by the Speaker;
j) a psychiatrist that is employed by a special health care district, appointed by the President;
k) a person responsible for operating a city or town ambulance service, appointed by the Speaker; and
l) a private ambulance company employee with significant experience in operating behavioral health transports, appointed by the President.
16. Requires
the Committee to research and make recommendations for the implementation and
use of alternative behavioral health transportation providers for individuals
involved in
court-ordered evaluation or treatment as an alternative to transportation by
peace officers, including:
a) establishing criteria for the certification of behavioral health transportation providers, including the development of a training curriculum required to achieve the certification;
b) recommending the appropriate agency for providing certification;
c) identifying barriers to the use of alternative behavioral health transportation;
d) detailing the costs associated with the implementation of alternative transportation providers, including cost savings and benefits; and
e) identifying means of improved integration of authorized transporters in the behavioral health system.
17. Permits the Committee to hold hearings, conduct fact-finding tours and take testimony from witnesses, including participants in the behavioral health and law enforcement systems who may assist the Committee in fulfilling responsibilities.
18. Requires the Legislature to provide staff and support services to the Committee.
19. Requires the Committee, by December 31, 2023, to submit a report of its findings and recommendations to the Governor, President of the Senate, Speaker of the House of Representatives and the Secretary of State.
20. Repeals the Committee on July 1, 2024.
Miscellaneous
21. Defines terms.
22. Makes technical and conforming changes.
23. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. States that evaluation agencies are not financially responsible for the use of an authorized transporter or for serving notices of hearing, copies of a petition or affidavits in support of the petition.
2. Requires an authorized transporter to pay the costs of transporting a proposed patient.
3. Requires any order and petition for court-ordered evaluation to be served on the proposed patient as directed by the court or court rule.
4. Requires persons that serve orders of treatment and petitions to be a peace officer or another person authorized by the Arizona Rules of Civil Procedure.
Amendments Adopted by Committee of the Whole
1. Allows use of an authorized transporter only if there are reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported without peace officer assistance.
2. Specifies that persons ordered to undergo involuntary treatment have the right to receive applicable petitions, orders of evaluation and other outlined documents, to be personally served by a peace officer, process server or another authorized person.
3. Requires a person who serves evaluation documents to file proof of service with the court.
4. Allows counties and municipalities that employ peace officers to contract with a process server or another authorized person to provide evaluation documents to patients or proposed patients.
5. Clarifies that jurisdictions that contract with an authorized transporter are financially responsible for authorized transportation services, not evaluation agencies.
6. Clarifies that evaluation agencies are not financially responsible for serving evaluation documents.
7. Modifies the definition of authorized transporter.
Amendments Adopted by the House of Representatives
1. Allows a mental health treatment agency to authorize, request or order apprehension and transportation of a patient or proposed patient by an authorized transporter.
2. Holds mental health treatment agencies harmless from civil liability for authorized transportation services, except under acts of gross negligence.
3. Asserts that municipalities and counties are not required to contract with authorized transporters.
4. States that a municipality or county that enters into a contract for authorized transportation services is financially responsible for the contracted services.
5. Allows a municipality with a licensed health care institution that operates an ambulance service to apply to amend its CON to provide interfacility transports in lieu of transports by a peace officer.
6. Requires a municipality seeking to amend its CON to provide interfacility transports to include in its application:
a) the number of interfacility transports made by peace officers in the municipality, from health care institutions to evaluation agencies or mental health treatment agencies, in the preceding two years; and
b) the projected call volume in the next year for interfacility transports to be made in lieu of peace officer transports.
7. Expands membership and adds identifying means of improved integration of authorized transporters in the behavioral health system to the scope of the Committee.
Senate Action House Action
HHS 2/16/22 DPA 6-2-0 HHS 3/21/22 DPA 8-0-0-0
3rd Read 3/14/22 17-12-1 3rd Read 4/27/22 57-1-2
Prepared by Senate Research
April 27, 2022
MM/sr/slp