Assigned to HHS AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1210
mentally ill; transportation; evaluation; treatment
Purpose
Allows the court, an admitting officer or evaluation agency to authorize apprehension and
transportation of a proposed patient to an evaluation agency by an authorized transporter.
Establishes the Study Committee on Alternative Behavioral Health Transportation (Committee)
and outlines Committee membership, duties and requirements.
Background
Current statute authorizes any individual to apply for a court-ordered evaluation of a person
alleged to be, as a result of a mental disorder, a danger to self or others or a person with a persistent,
acute or grave disability that is unwilling or able to under a voluntary evaluation (A.R.S.
§ 36-520). The petition for evaluation must include: 1) the name and address of the petitioner and
the proposed patient; 2) the present whereabouts of the proposed patient; 3) a statement alleging
there is reasonable cause to believe the proposed patient has a mental disorder, is a danger to self
or others, has a persistent, acute or grave disability and is unwilling to or unable to undergo
voluntary evaluation; 4) a summary of facts that support the allegations, including the facts that
brought the proposed patient to the screening agency's attention; 5) any known criminal history of
the proposed patient, if the petition is filed by a prosecutor, including whether the patient has even
been found incompetent to stand trial; and 6) other information that the Director of the Department
of Health Services (DHS) or the court may require (A.R.S. § 36-523)
If the admitting officer of an evaluation agency has reasonable cause to believe that an
emergency examination of a proposed patient is necessary, based on a review of the conversation
with the applicant and peace officer, the admitting officer may advise the peace officer that
sufficient ground exists to take the person into custody and transport the person to the evaluation
agency. The peace officer, on advice of the admitting officer, must apprehend and transport the
person to the evaluation agency (A.R.S. §§ 36-524 and 36-525).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
Court-Ordered Evaluation
1. Allows the court, an admitting officer or evaluation agency to authorize apprehension and
transportation of a proposed patient by an authorized transporter if the entity has authorized
apprehension and transportation of the patient by a peace officer. FACT SHEET – Amended
S.B. 1210
Page 2
2. Specifies the following individuals or entities are not civilly liable for the apprehension and
transportation of a proposed patient, except under acts of gross negligence:
a) a person who provides a court, admitting officer or an evaluation agency with facts and
circumstances or expressed an opinion that a proposed patient may be safely apprehended
and transported to an evaluation agency by an authorized transporter without peace officer
assistance;
b) the court;
c) the evaluation agency;
d) an admitting officer of the evaluation agency; and
e) the authorized transporter.
3. States that evaluation agencies are not financially responsible for the use of an authorized
transporter or for serving notices of hearing, copies of a petition or affidavits in support of the
petition.
4. Requires an evaluation petition to include a statement of any facts and circumstances that lead
the petitioner to believe that the proposed patient may be safely transported to the evaluation
agency by an authorized transporter without peace officer assistance.
5. Requires any order and petition for court-ordered evaluation to be served on the proposed
patient as directed by the court or court rule.
6. Directs the peace officer or other authorized person required to serve the notice hearing to file
a proof of service with the court specifying the date, time and manner of service.
7. Stipulates that a petition for court-ordered treatment must contain a statement of any facts and
circumstances that led the petitioner to believe the proposed patient may be safely transported
to an evaluation agency by an authorized transporter without the assistance of a peace officer,
if the patient is not detained in an evaluation agency at the time the order is filed.
8. Requires the person who serves the hearing notice, the copy of the petition and the affidavits
in support of the petition to be either a peace officer or another person authorized by the
Arizona Rules of Civil Procedure.
9. Defines authorized transporter as a transportation entity that is contracted with a jurisdiction
to pay for the provision of transportation of proposed patients to an evaluation agency and is
either:
a) an ambulance company that holds a valid certificate of necessity; or
b) a transportation provider authorized by the state to provide safe behavioral health
transportation.
Study Committee on Alternative Behavioral Health Transportation
10. Establishes the Committee, consisting of the following members:
a) two members of the Senate from different political parties, with one member to serve as
Co-Chair, appointed by the President of the Senate;
b) two members of the House of Representatives from different political parties, with one
member to serve as Co-Chair, appointed by the Speaker of the House of Representatives;
c) the DHS Director or the Director's designee; FACT SHEET – Amended
S.B. 1210
Page 3
d) the Director of the Arizona Health Care Cost Containment System or the Director's
designee;
e) a representative of a law enforcement agency from a county with a population of fewer
than 1,000,000 persons, appointed by the Speaker of the House of Representatives;
f) a representative of a law enforcement agency from a county with a population of 1,000,000
persons or greater, appointed by the President of the Senate;
g) a representative of an evaluation agency, appointed by the Speaker of the House of
Representatives;
h) two representatives of behavioral health advocacy organizations, one of whom is appointed
by the President of the Senate and the other by the Speaker of the House of Representatives;
i) a representative of a regional behavioral health authority, appointed by the Speaker of the
House of Representatives; and
j) a psychiatrist that is employed by a special health care district, appointed by the President
of the Senate.
11. Requires the Committee to research and make recommendations for the implementation and
use of alternative behavioral health transportation providers for individuals involved in
court-ordered evaluation or treatment as an alternative to transportation by peace officers,
including:
a) establishing criteria for the certification of behavioral health transportation providers,
including the development of a training curriculum required to achieve the certification;
b) recommending the appropriate agency for providing certification;
c) identifying barriers to the use of alternative behavioral health transportation; and
d) detailing the costs associated with the implementation of alternative transportation
providers, including cost savings and benefits.
12. Permits the Committee to hold hearings, conduct fact-finding tours and take testimony from
witnesses, including participants in the behavioral health and law enforcement systems who
may assist the Committee in fulfilling responsibilities.
13. Requires the Legislature to provide staff and support services to the Committee.
14. Requires the Committee, by December 31, 2023, to submit a report of its findings and
recommendations to the Governor, President of the Senate, Speaker of the House of
Representatives and the Secretary of State.
15. Repeals the Committee on July 1, 2024.
Miscellaneous
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. States that evaluation agencies are not financially responsible for the use of an authorized
transporter or for serving notices of hearing, copies of a petition or affidavits in support of the
petition. FACT SHEET – Amended
S.B. 1210
Page 4
2. Requires an authorized transporter to pay the costs of transporting a proposed patient.
3. Requires any order and petition for court-ordered evaluation to be served on the proposed
patient as directed by the court or court rule.
4. Requires persons that serve orders of treatment and petitions to be a peace officer or another
person authorized by the Arizona Rules of Civil Procedure.
Senate Action
HHS 2/16/22 DPA 6-2-0
Prepared by Senate Research
February 18, 2022
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