ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

House: HHS DP 10-1-1-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2742: court-ordered evaluations

Sponsor: Representative Lopez, LD 16

Caucus & COW

Overview

Clarifies filing timeframes for court-ordered evaluations.

History

An evaluation agency means either of the following: 1) a health care agency that is licensed by the Department of Health Services and that has been approved to provide the services required of that agency by this chapter; or 2) a facility that is exempt from licensure, that possesses an accreditation from either a national commission on correctional health care or an American Correctional Association and that has been approved to provide the services required of that facility (A.R.S. § 36-501).

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 of Arizona Health Care Cost Containment System (A.R.S. § 36-520).

Provisions

1.   Specifies that for court-ordered evaluations, if an application is not acted on within 48 hours, excluding weekends and holidays, the reasons for not acting promptly must be reviewed by the director of the screening agency or their designee. (Sec. 1)

2.   Requires filing with the court to be completed within 72 hours after the admission of a person being evaluated on an inpatient basis in an evaluation agency. (Sec. 2)

3.   Requires the medical director in charge of the evaluation agency that provided an evaluation that determined that a patient is, as a result of a mental disorder, a danger to self or to others or has a persistent, acute or grave disability to prepare, sign and file a petition for court-ordered treatment on the same or succeeding court day unless:

a)   the patient has applied for further care and treatment on a voluntary basis; or

b)   the county attorney performs the functions of preparing, signing or filing the petition. (Sec. 3)

4.   Makes technical changes. (Sec. 1, 3)

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8.                     HB 2742

9.   Initials AG/AB    Page 0 Caucus & COW

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