ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: MAPS DPA 14-0-0-1

HB 2041: mental health; voluntary evaluations; payment

Sponsor: Representative Bliss, LD 1

Caucus & COW

Overview

Makes changes to the voluntary mental health evaluation process relating to failure to complete the evaluation.

History

Pursuant to A.R.S. Title 36, Chapter 5, Articles 3-4, an involuntary mental health evaluation may be imposed upon an allegedly mentally disordered person by the following process:

1)   An individual — such as a first responder, family member or other community member — submits an application for court-ordered evaluation to the county evaluation agency;

2)   The county evaluation agency meets with the allegedly mentally disordered person during a prepetition screening to determine if further evaluation is needed;

3)   If it is determined that the person may be eligible for involuntary treatment, then the county evaluation agency must submit a petition for court-ordered evaluation to the court;

4)   If the court approves the county evaluation agency's petition, then local law enforcement will be ordered to bring the person to the hospital for his court-ordered evaluation.

An allegedly mentally disordered person may, during the prepetition screening, request a voluntary evaluation if he is not likely to present a danger to self or others prior to the evaluation. If the person requests a voluntary evaluation, the process for involuntary mental health evaluation is halted and he is given five days to be evaluated by the county evaluation agency or another evaluation agency of his choosing. Statute does not specify what is to occur should the person not appear for his voluntary evaluation appointment (A.R.S. § 36-522).

A county evaluation agency, or evaluation agency provided for by the county, is a healthcare agency contracted by the county which provides mental health services (Maricopa County, civil mental health court; Pima County, involuntary treatment).

Provisions☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

1.   Specifies that if a proposed patient elects to undergo voluntary evaluation rather than court-ordered evaluation, he may select any licensed behavioral health provider. (Sec. 1)

2.   Increases the amount of time an evaluation agency has to evaluate a proposed patient from 5 days to 10 days after receiving notice of the patient's need for evaluation. (Sec. 1)

3.   Requires, on completion of the evaluation, that the evaluation agency deliver the voluntary evaluation to the county evaluation agency. (Sec. 1)

4.   Instructs the county evaluation agency to confirm receipt of the evaluation. (Sec. 1)

5.   Directs the county evaluation agency to decide, within 72 hours of receiving the evaluation, if a petition for court-ordered treatment should be filed. (Sec. 1)

6.   Deletes language which permits voluntary evaluation to be requested only during prepetition screening. (Sec. 1)

7.   Provides, if a proposed patient does not appear for or complete his voluntary evaluation, that:

a)   The county evaluation agency must be notified by the provider who was to conduct the voluntary evaluation; and

b)   The evaluation agency is to provide prepetition screening of the application for court-ordered evaluation. (Sec. 1)

8.   Stipulates that when a person is given a voluntary evaluation, that person is responsible for the costs of the evaluation. (Sec. 2)

9.   Makes clarifying changes. (Sec. 1)

10.  Makes a conforming change. (Sec. 2)

Amendments

Committee on Military Affairs and Public Safety

1.   Instructs the evaluation agency chosen by the proposed patient to recommend in its evaluation if the proposed patient should receive court-ordered evaluation.

2.   Stipulates that if the evaluation agency recommends court-ordered evaluation, then the recommendation must come with an application for court-ordered evaluation.

3.   Removes the directive for a county evaluation agency to decide, upon receipt of an evaluation agency's evaluation of a proposed patient, if a court-ordered petition for treatment should be filed.

4.   Provides that a proposed patient need only pay for such portion of the voluntary evaluation as he can afford; if he his indigent, then he will not be charged.

5.   Defines voluntary evaluation, licensed behavioral health professional and practice of behavioral health.

 

 

 

 

 

 

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                        HB 2041

Initials NM       Page 0 Caucus & COW

 

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