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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
Senate: HHS DP 7-0-0-0 | 3rd Read 29-0-1-0 |
SB 1354: evaluation agencies; hearings; witnesses
Sponsor: Senator Gowan, LD 19
Committee on Health & Human Services
Overview
Provides clarification to certain witness testimony during a hearing for court ordered treatment and specifies that witness testimony is limited to observed facts and may not include expert opinion or conclusions.
History
Statute establishes procedures 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 (Title 36, Chapter 5, article 5).
In Arizona, a court-ordered evaluation (COE) is a proceeding in which two behavioral health medical professionals each complete a multidisciplinary analysis of an individual identified as potentially meeting one or more of the four criteria: 1) a danger to themselves; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. COEs may include firsthand observations or remote observations by interactive audiovisual media that is based on data describing the person's identity, biography, medical, psychological and social conditions. A COE is required to determine the severity of a specific mental or behavioral health concern and to determine an individual’s capacity to adequately function and care for themselves. This happens while the individual being assessed is held in a behavioral health facility for up to 72 hours to complete the evaluation and ensure the individual’s safety.
If it is determined that the individual meets one of the four criteria, the medical professionals who completed the evaluation will submit their findings to the superior court where the individual resides or where they received the evaluation. A judge will hear the case and determine whether the individual meets the criteria to be ordered into treatment (AHCCCS).
Evidence presented by a petitioner or a patient during a hearing for court ordered treatment must include the testimony of two or more witnesses acquainted with the patient at the time of the alleged mental disorder, and the testimony of the two physicians, or other health professionals, who participated in the patient's COE. The evaluating physicians or other health professionals must testify as to their personal observations and opinions concerning whether the patient, as a result of mental disorder: 1) is a danger to self or to others; or 2) has a persistent, acute or grave disability; and 3) requires treatment (A.R.S. § 36-539).
Provisions
1. Clarifies that the evidence presented by the petitioner or patient in a hearing for court ordered treatment must include the testimony of the physicians or health professionals who participated in the evaluation of the patient and the testimony of two or more witnesses, regardless of professional licensure who:
a) observed or were acquainted with the patient at the time of the alleged mental disorder and before the submission of the current application for court ordered evaluation; or
b) if testifying after the submission of the current application, were not formal participants in the evaluation process. (Sec. 1)
2. Specifies that witness testimony is limited to observed facts and may not include expert opinion or conclusions. (Sec. 1)
3. Makes technical changes. (Sec. 1)
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7. SB 1354
8. Initials AG Page 0 Health & Human Services
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