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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
evaluation agencies; witnesses
Purpose
Clarifies requirements related to certain witness testimony during a hearing for court ordered treatment and limits specified witness testimony to observed facts, not including expert opinion or conclusions.
Background
A.R.S. Title 36,
Chapter 5 outlines processes 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. Court ordered evaluation (COE) is a process by which two behavioral
health medical professionals complete a detailed analysis of an individual to
assess whether the individual is: 1) a danger to themselves;
2) a danger to others; 3) persistently or acutely disabled; or 4) gravely
disabled. COEs must determine the severity of an individual's specific mental
or behavioral health concern and the individual's capacity to adequately
function and care for themselves. If it is determined that an individual meets
one of the four outlined criteria, the evaluators must submit their findings to
the superior court in the county where the individual resides so that a judge
may determine whether the individual meets the necessary criteria to be ordered
into treatment by a mental health treatment agency (AHCCCS).
During a hearing for court ordered treatment, the evidence presented by the petitioner or the patient 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 COE of the patient. The evaluating physicians or other health professionals must testify to the physician or health professional's personal observations of the patient and to the physician or health professional's opinions concerning whether the patient, as a result of mental disorder: 1) is a danger to self or to others; 2) has a persistent, acute or grave disability; and 3) requires treatment (A.R.S. ยง 36-539).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that the evidence presented by the petitioner or patient in a hearing for court ordered treatment must include, in addition to the testimony of the physicians or health professionals who participated in the patient's evaluation, 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.
2. Limits the specified witness testimony to observed facts which do not include expert opinion or conclusions.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2025
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