SB1309 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-514, Arizona Revised Statutes, is amended to read:

START_STATUTE36-514. Visitation; telephone; correspondence; religious freedom; legal residence

A. Every person who is detained for evaluation or treatment pursuant to this chapter shall have the following additional rights:

1. To be visited by the person's personal physician or other health care professional, guardian, agent appointed pursuant to chapter 32 of this title, attorney and clergyman or any other person, subject to reasonable limitations as the individual in charge of the agency may direct.

2. To have reasonable access to telephones between the hours of 9:00 a.m. and 9:00 p.m. to make and receive confidential calls. In addition, a person who is confined pursuant to this title is allowed to make two completed local telephone calls within two hours of after initial confinement. Long-distance calls are allowed if the patient can pay the agency for them or can properly charge them to another number. The agency may restrict the telephone privileges of a patient if it is notified by the person receiving the calls that the person is being harassed by the calls and wishes them curtailed or halted. Restriction of telephone privileges shall be entered into the patient's clinical record and the information in the record shall be made available on request to the person and that person's attorney, guardian or agent appointed pursuant to chapter 32 of this title.

3. To be furnished with reasonable amounts of stationery and postage and to be permitted allowed to correspond by mail without censorship with any person.

4. To enjoy religious freedom and the right to continue the practice of the person's religion in accordance with its tenets during the detainment, except that this right may not interfere with the operation of the agency.

B. Court-ordered evaluation or treatment pursuant to this chapter does not operate to change the legal residence of a patient.END_STATUTE

Sec. 2. Section 36-520, Arizona Revised Statutes, is amended to read:

START_STATUTE36-520. Application for evaluation; definition

A. 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 who is unwilling or unable to undergo a voluntary evaluation. The application shall be made in the prescribed form and manner as adopted by the director.

B. The application for evaluation shall include the following data, if known:

1. The name, and address if known, of the proposed patient for whom evaluation is applied.

2. The age, date of birth, sex, race, marital status, occupation, social security number, present location, dates and places of previous hospitalizations, names and addresses of the guardian, agent under a health care power of attorney or mental health care power of attorney, spouse, next of kin and significant other persons and other data that the director may require on the form to whatever extent that this data is known and is applicable to the proposed patient.

3. The name, address and relationship of the person who is applying for the evaluation.

4. A statement that the proposed patient is exhibiting behaviors that may be consistent with a mental disorder and is believed to be, as a result of a mental disorder, a danger to self or to others or a patient with a persistent or acute disability or a grave disability and the facts on which this statement is based.

5. A statement from the applicant of whether the applicant believes that the proposed patient is or is not willing or able to undergo voluntary evaluation and the facts on which this statement is based.

6. A statement of the proposed patient's relevant history of mental health diagnosis, treatment recommended or provided and compliance with the treatment recommended or provided.

5. 7. A statement that the applicant believes the proposed patient is in need of screening, evaluation, supervision, care and treatment and the facts on which this statement is based.

8. Copies of all documents relating to guardianship or powers of attorney that allow the guardian or agent to consent to inpatient psychiatric treatment, which shall be attached to the application if available at the time of the application.

9. A statement by the applicant of whether the applicant believes that, without a period of inpatient observation, stabilization and assessment, or emergency inpatient psychiatric hospitalization, the proposed patient is likely to cause or endure serious physical harm or injury and the facts supporting that statement.

10. To the extent known, the names and contact information of persons other than the applicant who have witnessed the behavior exhibited by the proposed patient on which the application is based. The screening agency may not deny or refuse to process an application because no other witnesses have been identified.

C. The application shall be signed and notarized. For an application made by a peace officer or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application.

D. The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall immediately note on the front of the application the time and date of receipt, shall log this information in a record of applications received by the screening agency and shall act as prescribed in section 36-521 within forty-eight hours of after the filing of the application, excluding weekends and holidays. If the application is not acted upon on within forty-eight hours, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee and the reasons shall be stated in the report required by section 36-521, subsection B.

E. If the applicant for the court-ordered evaluation presents the person to be evaluated at the screening agency, the agency shall conduct a prepetition screening examination. Except in the case of an emergency evaluation, the person to be evaluated shall not be detained or forced to undergo prepetition screening against the person's will.

F. In the course of conducting a prepetition screening, the screening agency shall accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons who have a significant relationship with the proposed patient, including family members and guardians.

F. G. If the applicant for the court-ordered evaluation does not present the person to be evaluated at the screening agency, the agency shall conduct the prepetition screening at the home of the person to be evaluated or any other place the person to be evaluated is found. If prepetition screening is not possible, the screening agency shall proceed as prescribed in section 36-521, subsection B.

G. H. If a person is being treated by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner of that church or denomination, such the person may not be ordered evaluated, detained or involuntarily treated unless the court has determined that the person is, as a result of mental disorder, a danger to others or to self.

H. Court-ordered evaluation or treatment pursuant to this chapter does not operate to change the legal residence of a patient.

I. If the application is not acted on because it has been determined that the proposed patient does not need an evaluation, the agency after a period of six months shall destroy the application and any other evidence of the application.

J. For the purposes of this section, "person" includes a person who:

1. Is under eighteen years of age.

2. Has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged with an offense pursuant to section 13-501.

3. Is under the supervision of an adult probation department.END_STATUTE

Sec. 3. Section 36-522, Arizona Revised Statutes, is amended to read:

START_STATUTE36-522. Voluntary evaluations; consent; failure to complete; definitions

A. On receipt of an application for court-ordered evaluation, if the petition for court-ordered evaluation is not filed because it has been determined that the proposed patient will voluntarily receive an evaluation and is unlikely to present a danger to self or others until the voluntary evaluation, the evaluation agency provided for by the county, or a licensed behavioral health provider selected by the proposed patient, shall be immediately notified by the evaluation agency and shall provide a voluntary evaluation of the proposed patient at a scheduled time and place within ten days after the notice. The voluntary evaluation may be on an inpatient or outpatient basis and on completion shall be immediately delivered to the evaluation agency provided for by the county. The evaluation agency provided for by the county shall confirm receipt of the voluntary evaluation. If the voluntary evaluation recommends that the patient receive a court-ordered evaluation, the recommendation must be accompanied with an application for court-ordered evaluation.

B. Voluntary inpatient evaluation is subject to article 3 of this chapter. Informed consent for voluntary inpatient evaluation may be granted by the person, the person's court-appointed guardian with inpatient authority or the person's designated agent pursuant to a power of attorney that includes authority to consent to inpatient evaluation or treatment.

C. Voluntary outpatient evaluation shall conform to the requirements of section 36-530, subsection D and section 36-531, subsections B, C and D and shall proceed only after the person to be evaluated has given consent to be evaluated by signing a form prescribed by the director that includes information to the proposed patient that the patient-physician privilege does not apply and that the voluntary outpatient evaluation may result in a petition for the person to undergo court-ordered treatment or for guardianship. Informed consent for voluntary outpatient evaluation may be granted by the person, the person's court-appointed guardian or the person's designated agent pursuant to a power of attorney that includes authority to consent to evaluation or treatment.

D. If the person who requested a voluntary evaluation does not appear or does not complete the appointments scheduled, the evaluation agency provided for by the county shall be immediately notified by the provider who was to conduct the voluntary evaluation. The evaluation agency shall then provide prepetition screening of the application for court-ordered evaluation in accordance with sections 36-521 and 36-521.01.

E. For the purposes of this section:

1. "Licensed behavioral health provider" means any of the following:

(a) A person who is licensed pursuant to title 32, chapter 33 and whose scope of practice allows the person to either:

(i) Independently engage in the practice of behavioral health.

(ii) Except for a licensed substance abuse technician, engage in the practice of behavioral health under direct supervision.

(b) A psychiatrist.

(d) A registered nurse practitioner who is licensed pursuant to title 32, chapter 15 and who is certified as an adult psychiatric and mental health nurse.

2. "Practice of behavioral health" has the same meaning prescribed in section 32-3251. END_STATUTE

Sec. 4. Section 36-523, Arizona Revised Statutes, is amended to read:

START_STATUTE36-523. Petition for evaluation

A. The petition for evaluation shall contain the following:

1. The name, address and interest in the case of the individual who applied for the petition.

2. The name, and address if known, of the proposed patient for whom evaluation is petitioned.

3. The present whereabouts of the proposed patient, if known.

4. A statement alleging that there is reasonable cause to believe that the proposed patient has a mental disorder and is as a result a danger to self or others, has a persistent or acute disability or a grave disability and is unwilling or unable to undergo voluntary evaluation.

5. A summary of the facts that support the allegations that the proposed patient is dangerous, has a persistent or acute disability or a grave disability and is unwilling or unable to be voluntarily evaluated, including the facts that brought the proposed patient to the screening agency's attention.

6. If the petition is filed by a prosecutor pursuant to section 13-4517, any known criminal history of the proposed patient, including whether the proposed patient has ever been found incompetent to stand trial pursuant to section 13-4510.

7. 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 the assistance of a peace officer.

8. The petition shall state the names and contact information of any persons known who witnessed the behavior exhibited by the proposed patient on which the petition is based. The agency may not decline to process a petition for court-ordered evaluation because no witnesses acquainted with the proposed patient have been identified.

8. 9. Other information that the director by rule or the court by rule or order may require.

B. The petition shall request that the court issue an order requiring that the proposed patient be given an evaluation and shall advise the court of both of the following:

1. That the opinion of the petitioner is either that the proposed patient is or is not in such a condition that without immediate or continuing hospitalization the patient is likely to suffer serious physical harm or further deterioration or inflict serious physical harm on another person.

2. If the opinion of the petitioner is that the proposed patient is not in the condition described in paragraph 1 of this subsection, that the opinion of the petitioner is either that the evaluation should or should not take place on an outpatient basis.

C. The petition for evaluation shall be accompanied by the application for evaluation, by the recommendation of the county attorney pursuant to section 36-521 and by a prepetition screening report, unless the documents have not been prepared under a provision of law or in accordance with an order of the court. The petition for evaluation shall also be accompanied by a copy of the application for emergency admission if one exists.

D. A petition and other forms required in a court may be filed only by the screening agency that has prepared the petition.

E. If the petition is not filed because it has been determined that the person does not need an evaluation, the agency after a period of six months shall destroy the petition and the various reports annexed to the petition as required by this section.

F. If the petition is not filed because it has been determined that the person does not need an evaluation and a prosecutor filed a petition pursuant to section 13-4517, the person shall be remanded for a disposition pursuant to section 13-4517. If the person is out of custody, the court may order that the person be taken into custody for a disposition pursuant to this section. END_STATUTE

Sec. 5. Section 36-530, Arizona Revised Statutes, is amended to read:

START_STATUTE36-530. Evaluation and treatment

A. A person who is admitted to an evaluation agency shall receive an evaluation as soon as possible after the court's order for evaluation and, subject to the provisions of sections 36-512 and 36-513 concerning the person's right to refuse treatment, receive care and treatment as required by his the person's condition for the full period that he the person is hospitalized. A clinical record shall be kept for each person which that details all medical and psychiatric evaluations and all care and treatment received by the person.

B. A person receiving an evaluation on an inpatient basis will remain in the facility during the evaluation, which shall be completed in less than seventy-two hours.

C. A person being evaluated on an outpatient basis will not remain in the facility overnight but will be examined during the usual outpatient working hours of the facility on a schedule of appointments. The evaluation will be completed not later than the fourth day after the first appointment, excluding Saturdays, Sundays and holidays.

D. If a person who has been directed by court order to appear for evaluation does not appear, or in the case of an outpatient evaluation does not complete the appointments scheduled, the evaluation agency shall notify the court and the person's guardian, if any, of the known facts and circumstances and, if appropriate, request that the court order the patient taken into custody for evaluation on an inpatient basis.

E. In the course of conducting an evaluation, the evaluation agency shall solicit, accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons known to the agency who have a significant relationship with the proposed patient, including family members and guardians. END_STATUTE

Sec. 6. Section 36-533, Arizona Revised Statutes, is amended to read:

START_STATUTE36-533. Petition for treatment

A. The petition for court-ordered treatment shall allege:

1. That the patient is in need of a period of treatment because the patient, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability.

2. The treatment alternatives that are appropriate or available.

3. That the patient is unwilling to accept or incapable of accepting treatment voluntarily.

B. The petition shall be accompanied by the affidavits of the two physicians who participated in the evaluation and by the affidavit of the applicant for the evaluation, if any. In a county with a population of less than five hundred thousand persons, the petition may be accompanied by the affidavits of one physician and either one physician assistant who is experienced in psychiatric matters or one psychiatric and mental health nurse practitioner who conducted an independent evaluation and by the affidavit of the applicant for the evaluation, if any. The affidavits of the physicians or other health professionals shall describe in detail the behavior that indicates that the person, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability and shall be based on the physician's or other health professional's observations of the patient and study of information about the patient. A summary of the facts that support the allegations of the petition shall be included. The affidavit shall also include any of the results of the physical examination of the patient if relevant to the patient's psychiatric condition.

C. The petition shall request the court to issue an order requiring the person to undergo a period of treatment. If a prosecutor filed a petition pursuant to section 13-4517, the petition must be accompanied by any known criminal history of the person and any previous findings of incompetency.

D. If the petition requests the court to determine that the patient is chronically resistant to treatment pursuant to section 36-550.09, the petition shall allege the facts that support the request.

D. E. The petition shall also include:

1. A statement that in the opinion of the petitioner the person does or does not require guardianship or conservatorship, or both, under title 14 and the reasons on which the statement is based.

2. A request that the court order an independent investigation and report for the court if in the opinion of the petitioner the person does require guardianship or conservatorship, or both.

3. A statement that in the opinion of the petitioner the person does or does not require temporary guardianship or conservatorship, or both, and the reasons on which the statement is based.

4. A request that the court appoint a temporary guardian or conservator, or both, if in the opinion of the petitioner the person does require temporary guardianship or conservatorship, or both.

5. If the person has an existing guardian, a statement identifying the existing guardian and a request that the court consider imposing additional duties on the existing guardian pursuant to section 14-5312.01.

E. F. If the petition contains a request for court action pursuant to subsection D E of this section, a copy of the petition shall be mailed to any person or agency that is nominated as guardian or conservator or the person who is identified as an existing guardian.

F. G. A copy of all petitions shall be mailed to the superintendent of the Arizona state hospital.

G. H. 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 shall 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 pursuant to section 36-535 by an authorized transporter, if available in the jurisdiction, without the assistance of a peace officer. END_STATUTE