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REFERENCE TITLE: involuntary treatment; process; substance abuse |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1607 |
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Introduced by Senator Wadsack
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An Act
amending title 36, chapter 18, Arizona Revised Statutes, by adding article 2.1; relating to substance abuse.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 18, Arizona Revised Statutes, is amended by adding article 2.1, to read:
ARTICLE 2.1. INVOLUNTARY TREATMENT
FOR SUBSTANCE USE DISORDER
36-2041. Definition of substance use disorder; criteria
A. In this article, unless the context otherwise requires, "substance use disorder" means a cluster of cognitive, behavioral and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems.
B. The criteria for substance use disorder are in the most current edition of the American psychiatric association's diagnostic and statistical manual of mental disorders.
36-2042. Criteria for involuntary treatment; rights of patient
A. A person who suffers from a substance use disorder may not be ordered to undergo treatment unless that person meets all of the following:
1. Has been diagnosed by a qualified health professional as suffering from a substance use disorder.
2. Presents an imminent threat of danger to self or others as a result of the substance use disorder or there is a substantial likelihood of a threat in the near future.
3. Can reasonably benefit from treatment.
B. Involuntary treatment ordered for a person suffering from a substance use disorder shall follow the procedures prescribed in this article. Except as otherwise provided in this article, all rights guaranteed to involuntarily hospitalized mentally ill persons pursuant to chapter 5 of this title are guaranteed to a person ordered to undergo treatment for a substance use disorder pursuant to this article.
36-2043. Petition for involuntary treatment; contents
A. Proceedings for sixty days or three hundred sixty days of treatment for an individual suffering from substance use disorder shall be initiated on the filing of a verified petition in superior court. The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent) ".
B. The petition may be filed by any person who has observed the behaviors of the individual with a substance use disorder for whom the petition is filed, including a social worker or peace officer.
C. The petition shall set forth:
1. The petitioner's relationship to the respondent.
2. The respondent's name, residence address and current location, if known.
3. The name and residence address of the respondent's legal guardian, if any and if known.
4. The name and residence address of the person having custody of the respondent, if any, or if no such person is known, the name and residence address of a near relative or that the person is unknown.
5. The petitioner's belief, including the factual basis for the belief, that the respondent is suffering from a substance use disorder and presents a danger or threat of danger to self or others if not treated for the substance use disorder.
36-2044. Duties of the court; hearing; evaluations; involuntary treatment; dismissal
A. On receipt of a petition filed pursuant to section 36-2043, the court shall examine the petitioner under oath as to the contents of the petition. If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be ordered to undergo treatment, the court shall:
1. Set a date for a hearing within fourteen days to determine whether the respondent should be ordered to undergo treatment for a substance use disorder.
2. Notify the respondent, the legal guardian, if any and if known, and the nearest relative or friend of the respondent concerning the allegations and contents of the petition, the date and purpose of the hearing and the name, address and telephone number of the attorney appointed to represent the respondent.
3. Cause the respondent to be evaluated not later than twenty-four hours before the hearing date by two qualified health professionals, at least one of whom is a physician. The qualified health professionals:
(a) Shall certify their findings to the court within twenty-four hours after the evaluations.
(b) May be subject to subpoena for cross-examination at the hearing, either in person, by telephone or by videoconference.
(c) May conduct the evaluation required by this paragraph via telehealth as defined in section 36-3601.
B. If, on completion of the hearing, the court finds by proof beyond a reasonable doubt that the respondent should be ordered to undergo treatment, the court shall order such treatment for a period of not more than sixty consecutive days after the date of the court order or a period of not more than three hundred sixty consecutive days after the date of the court order, whichever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court.
C. If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, the proceedings against the respondent shall be dismissed.
36-2045. Emergency involuntary treatment
A. Following an evaluation by a qualified health professional and a certification by that health professional that the person meets the criteria specified in section 36-2042, the court may order the person to be admitted to a hospital or behavioral health facility for a period of not more than seventy-two hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self or others as a result of a substance use disorder.
B. Any person who has been admitted to a hospital or behavioral health facility pursuant to subsection A of this section shall be released from the hospital or behavioral health facility within seventy-two hours after admittance.
C. A respondent who is ordered to be admitted to a hospital or a behavioral health facility under this section may not be held in jail pending transportation to the hospital or behavioral health facility or the evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to section 36-2044.
36-2046. Failure to attend evaluation; summons; transportation to hospital or behavioral health facility
When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an evaluation scheduled before the hearing as provided in section 36-2044, the court shall, issue a summons commanding the respondent to appear at a time and place specified in the summons. If a respondent who has been summoned fails to appear at the hospital or behavioral health facility or the evaluation, the court may order the sheriff or another peace officer to transport the respondent to a hospital or behavioral health facility designated by the administration for treatment. The sheriff or other peace officer, on agreement of a person authorized by the sheriff or peace officer, may authorize the administration, a contractor of the administration or an ambulance service designated by the administration to transport the respondent to the hospital or behavioral health facility.