ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: HHS DP 9-1-0-0 | 3^rd Read 45-11-3-0-1 Senate: HHS DPA 6-0-1-0 | 3^rd Read 25-3-2-0

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HB 2744: involuntary treatment; guardians; agents; rights

Sponsor: Representative Hernandez C, LD 21

Senate Engrossed

Overview

Entitles guardians and agents who may have decisional authority to make personal, medical and treatment decisions for a patient pursuant to a court order or validly executed mental health power of attorney to certain rights regarding involuntary treatment of a patient.

History

At least 72 hours before the court conducts a hearing on the petition for court-ordered treatment, a copy of the petition, affidavits in support of the petition and the notice of the hearing must be served on the patient, who must be informed of the purpose of the hearing and advised of the patient's right to consult counsel. If the patient has not employed counsel, counsel must be appointed by the court at least three days before the hearing. If at the time of the petition for evaluation the patient had counsel, the same attorney should, if possible, be appointed to represent the patient at the hearing for court-ordered treatment.

If the court finds by clear and convincing evidence that the proposed patient, as a result of a mental disorder, is a danger to self, is a danger to others or has a persistent or acute disability or a grave disability and is in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court must order the patient to undergo one of the following: 1) treatment in a program of outpatient treatment; 2) treatment in a program consisting of combined inpatient and outpatient treatment; or 3) for eligible veterans, inpatient treatment in a mental health treatment agency, in a hospital operated by or under contract with the U.S. Department of Veterans Affairs, in the state or private hospital (A.R.S. §§ 36-535 and 36-540).

Provisions

Guardians and Agents Rights

1. Entitles guardians and agents, who may have decisional authority to make personal, medical or treatment decisions for a patient pursuant to a court order or validly mental health power of attorney, to the following rights in any proceedings regarding involuntary treatment of the patient:

a) to be notified of any petition for treatment, motion for an amended court order, application for continued court-ordered treatment and request for judicial review;

b) to provide to the court, if allowed, with their position regarding the relief being sought in any proceedings and any relevant information to help the court make a determination;

c) to provide relevant information to any agency providing inpatient or outpatient screening, evaluation or treatment to the patient; and

d) to participate in treatment and discharge planning with the inpatient or outpatient treatment providers when appropriate. (Sec. 1)

Direct Petition for Court-Ordered Evaluation

2. Allows a parent, spouse or guardian of a person to directly file a petition for evaluation of a proposed patient with the court. (Sec. 2)

3. Asserts that a petition for court-ordered evaluation:

a) does not need to comply with the application and prescreening provisions; and

b) must include a certificate executed by a physician, clinical psychologist or psychiatric nurse who are able to state that they have examined the person who is subject of the petition within the preceding 48 hours and find that the person appears to meet the criteria for involuntary evaluation and the observation on which that conclusion is based. (Sec. 2)

Service of Petition

4. Requires a petitioner to serve a copy of the petition, affidavits in support of the petition and the notice of the hearing on any guardian identified in the petition. (Sec. 4)

5. Allows a guardian, in lieu of personal service, to provide a written acknowledgment that the guardian has received the documents. (Sec. 4)

6. Directs the petitioner to complete service on the guardian at least two calendar days before the hearing on the petition. (Sec. 4)

7. Asserts that failure to serve a guardian is not grounds for dismissing the petition.          (Sec. 4)

Court Options

8. States that if there is a court order for treatment and a guardianship with additional mental health authority existing at the same time, the treatment and placement decisions made by the treatment agency assigned by the court to supervise and administer the patient's treatment program pursuant to the court order for treatment are controlling unless the court orders otherwise. (Sec. 5)

9. Allows a guardian of a patient, during any period of outpatient treatment, to file a report with the court that:

a) addresses whether the patient is complying with the terms of the order;

b) whether the outpatient treatment plan is appropriate; and

c) whether the patient needs inpatient treatment. (Sec. 5)

10. Specifies that the report must state in detail the facts on which the guardian relies and may include other supporting documents. (Sec. 5)

11. Requires a copy of the report and other supporting documents to be given to the patient's attorney and the outpatient treatment agency. (Sec. 5)

12. Requires a court, after reviewing the report and supporting documents, to set a conference, hearing or take other actions if the court determines there is reasonable cause to believe either of the following:

a) that the patient is not complying with the terms of the order;

b) that the outpatient treatment plan is no longer appropriate; or

c) that the patient needs inpatient treatment. (Sec. 5)

13. Makes technical and conforming changes. (Sec. 3, 5)

Senate Amendments

1. Removes the ability for a parent, spouse or guardian to directly file a petition for evaluation of a proposed patient with the court. (Sec. 2)

2. Requires a screening agency to have its prepetition report reviewed by its medical director or its designee if the screening agency determines that an application should be denied or if the application is accepted, but the screening agency declines to file a petition for court-ordered evaluation.

3. Requires a screening agency to notify the applicant that the screening agency intends to release the proposed patient if the screening of the proposed patient took place in its facility.

4. Directs the screening agency to document the time and method of the notification or an unsuccessful attempt to notify the applicant.

5. Requires the screening agency's medical director or their designee, if requested by the applicant, to provide the reason for the denial of the application or the decision not to file a petition for court-ordered evaluation if either:

a) the disclosure is not opposed by the person who was screened; or

b) the person screened is deemed to lack capacity to make the decision to allow the disclosure and the disclosure is deemed to be in the person's best interest.

6. Makes additional technical and conforming changes.

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                        HB 2744

Initials AG     Page 0 Senate Engrossed

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