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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
mental health; voluntary evaluations; payment
Purpose
Modifies the process for individuals who select to undergo a voluntary psychological evaluation in lieu of a court-ordered evaluation (COE).
Background
A.R.S. Title 36, Chapter 5 outlines processes by which individuals may, voluntarily or under court order, be evaluated, admitted and treated by designated mental health providers, including approved evaluation agencies and mental health treatment agencies. COE is a process by which two behavioral health medical professionals complete a detailed analysis of an individual to assess whether the individual is: 1) a danger to themselves; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. COEs must determine the severity of an individual's specific mental or behavioral health concern as well as the individual's capacity to adequately function and care for themselves. If it is determined that an individual meets one of the four outlined criteria, the evaluators must submit their findings to the Superior Court in the county where the individual resides so that a judge may determine whether the individual meets the necessary criteria to be ordered into treatment by a mental health treatment agency (AHCCCS).
In lieu of a COE, a person who is determined to be unlikely to present a danger to self or others may elect to voluntarily undergo a psychiatric evaluation. The applicable county evaluation agency or the evaluation agency selected by the proposed patient must provide an evaluation of the proposed patient at a scheduled time and place within five days of notice of evaluation. The voluntary evaluation may be on an inpatient or outpatient basis but may only be carried out if chosen by the patient during the course of a prepetition screening after an application for evaluation has been made (A.R.S. § 36-522). When a person is given a prepetition screening or a COE by a screening or evaluation agency, the person is not responsible for charges. However, when a patient is given voluntary or court-ordered treatment, the patient must pay all, or what the patient can afford, of the charges. No charges may be made against a patient who is indigent (A.R.S. § 36-545.05).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows a proposed patient who voluntarily agrees to undergo a psychological evaluation in lieu of COE to select a licensed behavioral health provider to perform the evaluation.
2. Specifies that notification of evaluation to the county evaluation agency, a patient-selected evaluation agency or a licensed behavioral health provider must be made by the evaluation agency.
3. Increases the number of days an evaluation agency or licensed behavioral health provider has to complete an evaluation from 5 to 10 days after notice.
4. Requires evaluation results to be immediately delivered to the county evaluation agency.
5. Requires the county evaluation agency to confirm receipt of the voluntary evaluation.
6. Requires, if a voluntary evaluation recommends that a patient receive a COE, the recommendation to be accompanied by an application for COE.
7. Removes the stipulation that a voluntary evaluation may be carried out only if chosen by the patient during the course of a prepetition screening after an application for evaluation has been made.
8. Requires evaluation providers to immediately notify the county evaluation agency if a person who requested voluntary evaluation does not appear for or complete the evaluation.
9. Requires, if a person does not complete a voluntary evaluation, the evaluation agency to provide prepetition screening of the application for a COE.
10. Requires a person who is given a voluntary evaluation to pay for all, or any portion that the person can afford, of the established charges for evaluation.
11. Prohibits a person who undergoes a voluntary evaluation from being charged for payment if the person is indigent.
12. Defines voluntary evaluation, licensed behavioral health provider and practice of behavioral health.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
House Action
MAPS 2/13/23 DPA 14-0-0-1
3rd Read 2/28/23 31-28-1
Prepared by Senate Research
March 10, 2023
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