ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: MAPS DPA 14-0-0-1 | 3^rd Read DP 31-28-1-0 Senate: HHS DPA 7-0-0-0 | 3^rd Read DP 29-0-1-0

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HB 2041: mental health; voluntary evaluations; payment

Sponsor: Representative Bliss, LD 1

Senate Engrossed

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

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. 2)

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. 2)

3. Requires, on completion of the evaluation, that the evaluation agency deliver the voluntary evaluation to the county evaluation agency. (Sec. 2)

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

5. Instructs the county evaluation agency to confirm receipt of the evaluation. (Sec. 2)

6. Deletes language which permits voluntary evaluation to be requested only during prepetition screening. (Sec. 2)

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. 2)

8. Stipulates that when a person is given a voluntary evaluation, that person is responsible to pay for such portion of the voluntary evaluation as he can afford; if he his indigent, then he will not be charged. (Sec. 3)

9. Defines voluntary evaluation, licensed behavioral health provider and practice of behavioral health. (Sec. 1)

10. Makes technical and conforming changes. (Sec. 1, 2, 3)

Senate Amendments

1. Extends the authority of the Supreme Court to establish a rule and program, to determine the existence of an active court order for treatment and the history of court orders for treatment, to include health care institutions that provide services subject to the Federal Emergency Medical Treatment and Active Labor Act.

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                        HB 2041

Initials NM       Page 0 Senate Engrossed

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