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| 54 | 55 | | amending section 36-501, Arizona Revised Statutes; amending title 36, chapter 5, article 1, Arizona Revised Statutes, by adding section 36-503.02; amending title 36, chapter 5, article 2, Arizona Revised Statutes, by adding section 36-510.01; amending sections 36-523, 36-524, 36-525, 36-529, 36-533 and 36-536, Arizona Revised Statutes; amending title 36, chapter 21.1, article 2, Arizona Revised Statutes, by adding section 36-2234.01; relating to mental health services. |
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| 60 | 61 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 64 | 65 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-501, Arizona Revised Statutes, is amended to read: START_STATUTE36-501. Definitions In this chapter, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Admitting officer" means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency. 3. "Authorized transporter" means a transportation entity that is contracted with a city, town or county to provide services pursuant to this chapter and that is either: (a) An ambulance SERVICE that holds a valid certificate of necessity. (b) A transportation provider authorized by this state to provide safe behavioral health transportation for individuals requiring transportation pursuant to this chapter. 3. 4. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital. 4. 5. "Contraindicated" means that access is reasonably likely to endanger the life or physical safety of the patient or another person. 5. 6. "Court" means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title. 6. 7. "Criminal history" means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to section 13-4510. 7. 8. "Danger to others" means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person's need for treatment and as a result of the person's mental disorder the person's continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm. 8. 9. "Danger to self": (a) Means behavior that, as a result of a mental disorder: (i) Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out. (ii) Without hospitalization will result in serious physical harm or serious illness to the person. (b) Does not include behavior that establishes only the condition of having a grave disability. 9. 10. "Department" means the department of health services. 10. 11. "Detention" means the taking into custody of a patient or proposed patient. 11. 12. "Director" means the director of the administration. 12. 13. "Evaluation" means: (a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of not less than the following: (i) Two licensed physicians, who shall be are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and who shall examine and report their findings independently. The person against whom a petition has been filed shall be notified that the person may select one of the physicians. A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if the resident is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in the resident's training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys. (ii) Two other individuals, one of whom, if available, shall be is a psychologist and in any event a social worker familiar with mental health and human services that may be available placement alternatives appropriate for treatment. An evaluation may be conducted on an inpatient basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person. (b) A physical examination that is consistent with the existing standards of care and that is performed by one of the evaluating physicians or by or under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 if the results of that examination are reviewed or augmented by one of the evaluating physicians. 13. 14. "Evaluation agency" means a health care agency that is licensed by the department and that has been approved pursuant to this title, providing those services required of such agency by this chapter. 14. 15. "Family member" means a spouse, parent, adult child, adult sibling or other blood relative of a person undergoing treatment or evaluation pursuant to this chapter. 15. 16. "Grave disability" means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs. 16. 17. "Health care decision maker" has the same meaning prescribed in section 12-2801. 17. 18. "Health care entity" means a health care provider, the department, the administration or a regional behavioral health authority that is under contract with the administration. 18. 19. "Health care provider" means a health care institution as defined in section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider. 19. 20. "Independent evaluator" means a licensed physician, psychiatric and mental health nurse practitioner or psychologist who is selected by the person to be evaluated or by such person's attorney. 20. 21. "Informed consent" means a voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures. 21. 22. "Least restrictive treatment alternative" means the treatment plan and setting that infringe in the least possible degree with the patient's right to liberty and that are consistent with providing needed treatment in a safe and humane manner. 22. 23. "Licensed physician" means any medical doctor or doctor of osteopathy who is either: (a) Licensed in this state. (b) A full-time hospital physician licensed in another state and serving on the staff of a hospital operated or licensed by the United States government. 23. 24. "Medical director of an evaluation agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital. 24. 25. "Medical director of a mental health treatment agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and includes the chief medical officer of the state hospital. 25. 26. "Mental disorder" means a substantial disorder of the person's emotional processes, thought, cognition or memory. Mental disorder is distinguished from: (a) Conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless, in addition to one or more of these conditions, the person has a mental disorder. (b) The declining mental abilities that directly accompany impending death. (c) Character and personality disorders characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute unless the behavior results from a mental disorder. 26. 27. "Mental health provider" means any physician or provider of mental health or behavioral health services who is involved in evaluating, caring for, treating or rehabilitating a patient. 27. 28. "Mental health treatment agency" means the state hospital or a health care agency that is licensed by the department and that provides those services that are required of the agency by this chapter. 28. 29. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization. 29. 30. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization. 30. 31. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. 31. 32. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns. 32. 33. "Persistent or acute disability" means a severe mental disorder that meets all the following criteria: (a) If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality. (b) Substantially impairs the person's capacity to make an informed decision regarding treatment, and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person. (c) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment. 33. 34. "Prepetition screening" means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in such the application, an interview with each applicant and an interview, if possible, with the proposed patient. The purpose of the interview with the proposed patient is to assess the problem, explain the application and, when indicated, attempt to persuade the proposed patient to receive, on a voluntary basis, evaluation or other services. 34. 35. "Prescribed form" means a form established by a court or the rules of the administration in accordance with the laws of this state. 35. 36. "Professional" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a psychologist who is licensed pursuant to title 32, chapter 19.1 or a psychiatric and mental health nurse practitioner who is certified pursuant to title 32, chapter 15. 36. 37. "Proposed patient" means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed. 37. 38. "Prosecuting agency" means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter. 38. 39. "Psychiatric and mental health nurse practitioner" means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family psychiatric and mental health nurse practitioner by the state board of nursing. 39. 40. "Psychiatrist" means a licensed physician who has completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association. 40. 41. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and who is experienced in the practice of clinical psychology. 41. 42. "Records" means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral or mental health treatment. Records include medical records that are prepared by a health care provider or other providers. Records do not include: (a) Materials that are prepared in connection with utilization review, peer review or quality assurance activities, including records that a health care provider prepares pursuant to section 36-441, 36-445, 36-2402 or 36-2917. (b) Recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity. 42. 43. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401. 43. 44. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of such agency by this chapter. 44. 45. "Social worker" means a person who has completed two years of graduate training in social work in a program approved by the council of social work education and who has experience in mental health. 45. 46. "State hospital" means the Arizona state hospital. 46. 47. "Superintendent" means the superintendent of the state hospital. END_STATUTE Sec. 2. Title 36, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 36-503.02, to read: START_STATUTE36-503.02. Apprehension and transportation by authorized transporters; immunity A. When in any section of articles 4 and 5 of this chapter, a court, a person, an evaluation agency or a mental health treatment agency is allowed to authorize, request or order the apprehension and transportation of a patient or proposed patient by a peace officer to an evaluation agency or mental health treatment agency, the court, person, evaluation agency or mental health treatment agency may authorize the apprehension and transportation by an authorized transporter if available in the city, town or county if there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported by an authorized transporter without the assistance of a peace officer. B. ANY person who provides a court, a person, an evaluation agency or a mental health treatment agency authorized to request or order the apprehension and transportation of a patient or proposed patient with facts and circumstances or expresses an opinion that there may be reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported to an evaluation agency or mental health treatment agency by an authorized transporter without the assistance of a peace officer, the court, the person, the evaluation agency or the mental health treatment agency that authorizes the use of an authorized transporter and the authorized transporter that apprehends and transports the patient or proposed patient to an evaluation agency or mental health treatment agency pursuant to an authorization, request or order issued under this chapter are not subject to civil liability for the apprehension or transportation. This liability exclusion does not apply to a person who acts with gross negligence. C. This chapter does not require a city, town or county to contract with an authorized transporter to provide services pursuant to this chapter instead of a peace officer. A city, town or county that enters into a contract with an authorized transporter is financially responsible for the contracted services provided pursuant to this chapter by the authorized transporter. D. For the purposes of this chapter, an evaluation agency or mental health treatment agency authorizing the use of an authorized transporter is not financially responsible for the use of the authorized transporter.END_STATUTE Sec. 3. Title 36, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 36-510.01, to read: START_STATUTE36-510.01. Notice; personal service of process A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529, subsection E. A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service the documents specified in section 36-536, subsection D. Personal service shall be completed by a peace officer, a process server or another person authorized by rule 4, Arizona rules of civil procedure, personally handing the documents to the person receiving service. The person who serves the specified documents must file a proof of service with the court that specifies the date, time and manner of service. B. A county, city or town that employs peace officers may contract with a process server or another person authorized by rule 4, Arizona rules of civil procedure, to provide service pursuant to this section instead of service by a peace officer. C. An evaluation agency is not financially responsible for serving the documents required by section 36-529, subsection E or section 36-536, subsection D. END_STATUTE Sec. 4. Section 36-523, Arizona Revised Statutes, is amended to read: START_STATUTE36-523. Petition for evaluation A. The petition for evaluation shall contain the following: 1. The name, address and interest in the case of the individual who applied for the petition. 2. The name, and address if known, of the proposed patient for whom evaluation is petitioned. 3. The present whereabouts of the proposed patient, if known. 4. A statement alleging that there is reasonable cause to believe that the proposed patient has a mental disorder and is as a result a danger to self or others, has a persistent or acute disability or a grave disability and is unwilling or unable to undergo voluntary evaluation. 5. A summary of the facts that support the allegations that the proposed patient is dangerous, has a persistent or acute disability or a grave disability and is unwilling or unable to be voluntarily evaluated, including the facts that brought the proposed patient to the screening agency's attention. 6. If the petition is filed by a prosecutor pursuant to section 13-4517, the petition shall include any known criminal history of the proposed patient, including whether the proposed patient has ever been found incompetent to stand trial pursuant to section 13-4510. 7. 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, if available in the jurisdiction, without the assistance of a peace officer. 7. 8. Other information that the director by rule or the court by rule or order may require. B. The petition shall request that the court issue an order requiring that the proposed patient be given an evaluation and shall advise the court of both of the following: 1. That the opinion of the petitioner is either that the proposed patient is or is not in such a condition that without immediate or continuing hospitalization the patient is likely to suffer serious physical harm or further deterioration or inflict serious physical harm on another person. 2. If the opinion of the petitioner is that the proposed patient is not in the condition described in paragraph 1 of this subsection, that the opinion of the petitioner is either that the evaluation should or should not take place on an outpatient basis. C. The petition for evaluation shall be accompanied by the application for evaluation, by the recommendation of the county attorney pursuant to section 36-521 and by a prepetition screening report, unless the documents have not been prepared under a provision of law or in accordance with an order of the court. The petition for evaluation shall also be accompanied by a copy of the application for emergency admission if one exists. D. A petition and other forms required in a court may be filed only by the screening agency that has prepared the petition. E. If the petition is not filed because it has been determined that the person does not need an evaluation, the agency after a period of six months shall destroy the petition and the various reports annexed to the petition as required by this section. F. If the petition is not filed because it has been determined that the person does not need an evaluation and a prosecutor filed a petition pursuant to section 13-4517, the person shall be remanded for a disposition pursuant to section 13-4517. If the person is out of custody, the court may order that the person be taken into custody for a disposition pursuant to this section. END_STATUTE Sec. 5. Section 36-524, Arizona Revised Statutes, is amended to read: START_STATUTE36-524. Application for emergency admission for evaluation; requirements; immunity A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency. B. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person. C. The application shall be upon made on a prescribed form and shall include the following: 1. A statement by the applicant that he the applicant believes on the basis of personal observation that the person is, as a result of a mental disorder, is a danger to self or others and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm upon on another person. 2. The specific nature of the danger. 3. A summary of the observations upon on which the statement of danger is based. 4. The signature of the applicant. D. A telephonic application may be made no not more than twenty-four hours prior to before a written application. A telephonic application shall be made by or in the presence of a peace officer unless the application is made by a health care provider professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care facility institution licensed in this state. For an application made by a doctor or a nurse, the original signature of the applicant on a facsimile peace officer or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application. E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based upon on a review of the written or telephonic application and conversation with the applicant and peace officer, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer, that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer, on the request of the admitting officer of the evaluation agency pursuant to this subsection, shall apprehend and transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise to be taken into custody if the admitting officer has in good faith followed the requirements of this section. END_STATUTE Sec. 6. Section 36-525, Arizona Revised Statutes, is amended to read: START_STATUTE36-525. Apprehension and transportation by peace officers; immunity A. A peace officer, on the advice of the admitting officer of the evaluation agency pursuant to section 36-524, subsection E, shall apprehend and transport a person to an evaluation agency. B. A. In those instances in which if the procedures set forth in section 36-524 are not available, a peace officer may take into custody any individual the peace officer has probable cause to believe is, as a result of mental disorder, a danger to self or others, and that if during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section. C. B. If apprehension takes place on or about the premises of the apprehended person, the officer shall take reasonable precautions to safeguard the premises and the property thereon on the premises, unless such the property and premises are in the possession of a responsible relative or guardian. D. C. A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability. END_STATUTE Sec. 7. Section 36-529, Arizona Revised Statutes, is amended to read: START_STATUTE36-529. Order for evaluation; order for detention; hearing; personal service of court orders A. If, from the review of the petition for evaluation, the court does not determine that the proposed patient is likely to present a danger to self or others or further deteriorate before the proposed patient's hearing on court-ordered treatment, but determines that there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability, the court shall issue an order directing the proposed patient to submit to an evaluation at a designated time and place, specifying that the evaluation will take place on an inpatient or an outpatient basis. The court may also order that, if the person does not or cannot so submit, the person be taken into custody by a peace officer and delivered to an evaluation agency. If the court makes such a conditional order, it shall also make a conditional appointment of counsel for the person to become effective when and if the person is taken into custody pursuant to this section. B. If, from review of the petition for evaluation, there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability and that the person requires immediate or continued hospitalization before the proposed patient's hearing on court-ordered treatment, the court shall order the proposed patient taken into custody and evaluated at an evaluation agency. The court shall promptly appoint counsel for the proposed patient. If an intercounty agreement authorizes the same, the court may order that the evaluation be conducted in another county, and the superior court in the county where the evaluation is conducted shall have has concurrent jurisdiction to make appropriate orders concerning the proposed patient. C. If the person is not taken into custody or if the evaluation pursuant to the order of the court under subsection A or B of this section is not initiated within fourteen days from after the date of the order, the order and petition for evaluation shall expire. If a prosecutor filed a petition pursuant to section 13-4517, the court and the prosecuting agency shall receive notice of the expiration of the order for evaluation. The court may enter any orders necessary for further disposition pursuant to section 13-4517, including a pickup order directing that the person be taken into custody. This subsection does not prevent any person from initiating another court-ordered evaluation of the person pursuant to this chapter. D. If the person is involuntarily hospitalized, the person shall be informed by the person's appointed attorney of the right to a hearing to determine whether the person should be involuntarily hospitalized for evaluation and to be represented at the hearing by an attorney. If the person requests a hearing to determine whether the person should be involuntarily hospitalized during evaluation, the court shall schedule a hearing at its first earliest opportunity. E. A copy of any order issued by the court pursuant to subsection A or B of this section, together with a copy of the petition for court-ordered evaluation, shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. END_STATUTE Sec. 8. Section 36-533, Arizona Revised Statutes, is amended to read: START_STATUTE36-533. Petition for treatment A. The petition for court-ordered treatment shall allege: 1. That the patient is in need of a period of treatment because the patient, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability. 2. The treatment alternatives that are appropriate or available. 3. That the patient is unwilling to accept or incapable of accepting treatment voluntarily. B. The petition shall be accompanied by the affidavits of the two physicians who participated in the evaluation and by the affidavit of the applicant for the evaluation, if any. The affidavits of the physicians shall describe in detail the behavior that indicates that the person, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability and shall be based on the physician's observations of the patient and the physician's study of information about the patient. A summary of the facts that support the allegations of the petition shall be included. The affidavit shall also include any of the results of the physical examination of the patient if relevant to the patient's psychiatric condition. C. The petition shall request the court to issue an order requiring the person to undergo a period of treatment. If a prosecutor filed a petition pursuant to section 13-4517, the petition must be accompanied by any known criminal history of the person and any previous findings of incompetency. D. In cases of grave disability, the petition shall also include: 1. A statement that in the opinion of the petitioner the person with a grave disability does or does not require guardianship or conservatorship, or both, under title 14 and the reasons on which the statement is based. 2. A request that the court order an independent investigation and report for the court if in the opinion of the petitioner the person does require guardianship or conservatorship, or both. 3. A statement that in the opinion of the petitioner the person with a grave disability does or does not require temporary guardianship or conservatorship, or both, and the reasons on which the statement is based. 4. A request that the court appoint a temporary guardian or conservator, or both, if in the opinion of the petitioner the person does require temporary guardianship or conservatorship, or both. E. A copy of the petition in cases of grave disability shall be mailed to the public fiduciary in the county of the patient's residence or in which the patient was found before evaluation and to any person nominated as guardian or conservator. F. A copy of all petitions shall be mailed to the superintendent of the Arizona state hospital. G. On the filing of a petition for court-ordered treatment, if the patient is not detained in an evaluation agency when the petition is filed, the petition shall contain 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 pursuant to section 36-535 by an authorized transporter, if available in the jurisdiction, without the assistance of a peace officer. END_STATUTE Sec. 9. Section 36-536, Arizona Revised Statutes, is amended to read: START_STATUTE36-536. Service of petition affidavit and notice of hearing; counsel for proposed patient; notice; personal service A. At least seventy-two hours before the court conducts the 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 shall be served on the patient, who shall 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 shall 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. B. The notice provisions of this section cannot be waived. C. The notice of the hearing shall fix the time and place for the hearing, which shall be held in the courtroom or other place within the county that the court may designate designates to insure ensure humane treatment with due regard to the comfort and safety of the patient and others. D. The person who serves the notice of hearing must file a proof of service with the court that specifies the date, time and manner of service. D. A copy of the petition, affidavits in support of the petition and notice of hearing shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. END_STATUTE Sec. 10. Title 36, chapter 21.1, article 2, Arizona Revised Statutes, is amended by adding section 36-2234.01, to read: START_STATUTE36-2234.01. Certificate of necessity; amendment; interfacility transport; definitions A. A city or town that has a licensed health care institution within its jurisdictional boundaries and that operates an ambulance service may apply to amend its certificate of necessity pursuant to this article to provide interfacility transports in lieu of transports by a peace officer as authorized by section 36-503.02. B. In addition to any other information required by the department, a city or town must include the following information with the application to AMEND its certificate of necessity pursuant to subsection A of this section for the purposes of providing interfacility transports: 1. The number of interfacility transports made by peace officers in the applicant city or town from health care institutions to evaluation agencies or mental health treatment agencies in the preceding two years. 2. The projected call volume in the next year for the applicant city or town for interfacility transports to be made in lieu of peace officer transports from health care institutions to evaluation agencies or mental health treatment agencies. C. For the purposes of this section: 1. "Evaluation agency" has the same meaning prescribed in section 36-501. 2. "Interfacility transport" means the transport of a patient from a licensed health care institution to an evaluation agency or mental health treatment agency as authorized by section 36-503.02. 3. "Mental health treatment agency" has the same meaning prescribed in section 36-501. END_STATUTE Sec. 11. Study committee on alternative behavioral health transportation; membership; duties; report; delayed repeal A. The study committee on alternative behavioral health transportation is established consisting of the following members: 1. Two members of the senate who are appointed by the president of the senate and who are members of different political parties. The president of the senate shall designate one of these members to serve as cochairperson of the committee. 2. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee. 3. The director of the department of health services or the director's designee. 4. The director of the Arizona health care cost containment system or the director's designee. 5. A representative of a law enforcement agency from a county with a population of less than one million persons who is appointed by the speaker of the house of representatives. 6. A representative of a law enforcement agency from a county with a population of one million or more persons who is appointed by the president of the senate. 7. A representative of an evaluation agency who is appointed by the speaker of the house of representatives. 8. Two representatives of behavioral health advocacy organizations, one of whom is appointed by the speaker of the house of representatives and one of whom is appointed by the president of the senate. 9. A representative of a regional behavioral health authority who is appointed by the speaker of the house of representatives. 10. A psychiatrist who is licensed pursuant to title 32, chapter 13, Arizona Revised Statutes, who is employed by a special health care district and who is appointed by the president of the senate. 11. A person who is responsible for operating a city or town ambulance service and who is appointed by the speaker of the house of representatives. 12. An employee of a private ambulance company with significant experience in operating behavioral health transports who is appointed by the president of the senate. B. The study committee shall research and make recommendations for the implementation of and the use of alternative behavioral health transportation providers for individuals involved in the treatment or evaluation processes addressed in title 36, chapter 5, articles 4 and 5, Arizona Revised Statutes, as an alternative to transportation by peace officers, including: 1. Establishing criteria for the certification of alternative behavioral health transportation providers, including the development of a training curriculum required to achieve the certification. 2. Recommending the appropriate agency for providing the certification. 3. Identifying barriers to the use of alternative behavioral health transportation and detailing the costs associated with the implementation of the alternative transportation providers, including cost savings and benefits associated with the use of the alternative transportation providers. 4. Identifying means of improved integration of authorized transporters as defined in section 36-501, Arizona Revised Statutes, as amended by this act, in the behavioral health system. C. The study committee may 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 the committee's responsibilities. D. The legislature shall provide staff and support services to the study committee. E. Study committee members are not eligible to receive compensation. F. On or before December 31, 2023, the study committee shall submit a report regarding its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state. G. This section is repealed from and after June 30, 2024. |
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| 66 | 67 | | Be it enacted by the Legislature of the State of Arizona: |
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| 67 | 68 | | |
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| 68 | 69 | | Section 1. Section 36-501, Arizona Revised Statutes, is amended to read: |
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| 69 | 70 | | |
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| 70 | 71 | | START_STATUTE36-501. Definitions |
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| 71 | 72 | | |
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| 72 | 73 | | In this chapter, unless the context otherwise requires: |
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| 73 | 74 | | |
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| 74 | 75 | | 1. "Administration" means the Arizona health care cost containment system administration. |
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| 75 | 76 | | |
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| 76 | 77 | | 2. "Admitting officer" means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency. |
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| 77 | 78 | | |
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| 78 | 79 | | 3. "Authorized transporter" means a transportation entity that is contracted with a city, town or county to provide services pursuant to this chapter and that is either: |
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| 79 | 80 | | |
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| 80 | 81 | | (a) An ambulance SERVICE that holds a valid certificate of necessity. |
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| 81 | 82 | | |
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| 82 | 83 | | (b) A transportation provider authorized by this state to provide safe behavioral health transportation for individuals requiring transportation pursuant to this chapter. |
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| 83 | 84 | | |
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| 84 | 85 | | 3. 4. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital. |
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| 85 | 86 | | |
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| 86 | 87 | | 4. 5. "Contraindicated" means that access is reasonably likely to endanger the life or physical safety of the patient or another person. |
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| 87 | 88 | | |
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| 88 | 89 | | 5. 6. "Court" means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title. |
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| 89 | 90 | | |
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| 90 | 91 | | 6. 7. "Criminal history" means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to section 13-4510. |
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| 91 | 92 | | |
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| 92 | 93 | | 7. 8. "Danger to others" means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person's need for treatment and as a result of the person's mental disorder the person's continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm. |
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| 93 | 94 | | |
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| 94 | 95 | | 8. 9. "Danger to self": |
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| 95 | 96 | | |
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| 96 | 97 | | (a) Means behavior that, as a result of a mental disorder: |
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| 97 | 98 | | |
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| 98 | 99 | | (i) Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out. |
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| 99 | 100 | | |
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| 100 | 101 | | (ii) Without hospitalization will result in serious physical harm or serious illness to the person. |
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| 101 | 102 | | |
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| 102 | 103 | | (b) Does not include behavior that establishes only the condition of having a grave disability. |
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| 103 | 104 | | |
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| 104 | 105 | | 9. 10. "Department" means the department of health services. |
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| 105 | 106 | | |
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| 106 | 107 | | 10. 11. "Detention" means the taking into custody of a patient or proposed patient. |
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| 107 | 108 | | |
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| 108 | 109 | | 11. 12. "Director" means the director of the administration. |
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| 109 | 110 | | |
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| 110 | 111 | | 12. 13. "Evaluation" means: |
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| 111 | 112 | | |
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| 112 | 113 | | (a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of not less than the following: |
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| 113 | 114 | | |
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| 114 | 115 | | (i) Two licensed physicians, who shall be are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and who shall examine and report their findings independently. The person against whom a petition has been filed shall be notified that the person may select one of the physicians. A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if the resident is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in the resident's training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys. |
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| 115 | 116 | | |
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| 116 | 117 | | (ii) Two other individuals, one of whom, if available, shall be is a psychologist and in any event a social worker familiar with mental health and human services that may be available placement alternatives appropriate for treatment. An evaluation may be conducted on an inpatient basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person. |
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| 117 | 118 | | |
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| 118 | 119 | | (b) A physical examination that is consistent with the existing standards of care and that is performed by one of the evaluating physicians or by or under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 if the results of that examination are reviewed or augmented by one of the evaluating physicians. |
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| 119 | 120 | | |
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| 120 | 121 | | 13. 14. "Evaluation agency" means a health care agency that is licensed by the department and that has been approved pursuant to this title, providing those services required of such agency by this chapter. |
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| 121 | 122 | | |
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| 122 | 123 | | 14. 15. "Family member" means a spouse, parent, adult child, adult sibling or other blood relative of a person undergoing treatment or evaluation pursuant to this chapter. |
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| 123 | 124 | | |
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| 124 | 125 | | 15. 16. "Grave disability" means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs. |
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| 125 | 126 | | |
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| 126 | 127 | | 16. 17. "Health care decision maker" has the same meaning prescribed in section 12-2801. |
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| 127 | 128 | | |
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| 128 | 129 | | 17. 18. "Health care entity" means a health care provider, the department, the administration or a regional behavioral health authority that is under contract with the administration. |
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| 129 | 130 | | |
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| 130 | 131 | | 18. 19. "Health care provider" means a health care institution as defined in section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider. |
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| 131 | 132 | | |
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| 132 | 133 | | 19. 20. "Independent evaluator" means a licensed physician, psychiatric and mental health nurse practitioner or psychologist who is selected by the person to be evaluated or by such person's attorney. |
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| 133 | 134 | | |
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| 134 | 135 | | 20. 21. "Informed consent" means a voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures. |
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| 135 | 136 | | |
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| 136 | 137 | | 21. 22. "Least restrictive treatment alternative" means the treatment plan and setting that infringe in the least possible degree with the patient's right to liberty and that are consistent with providing needed treatment in a safe and humane manner. |
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| 137 | 138 | | |
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| 138 | 139 | | 22. 23. "Licensed physician" means any medical doctor or doctor of osteopathy who is either: |
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| 139 | 140 | | |
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| 140 | 141 | | (a) Licensed in this state. |
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| 141 | 142 | | |
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| 142 | 143 | | (b) A full-time hospital physician licensed in another state and serving on the staff of a hospital operated or licensed by the United States government. |
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| 143 | 144 | | |
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| 144 | 145 | | 23. 24. "Medical director of an evaluation agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital. |
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| 145 | 146 | | |
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| 146 | 147 | | 24. 25. "Medical director of a mental health treatment agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and includes the chief medical officer of the state hospital. |
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| 147 | 148 | | |
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| 148 | 149 | | 25. 26. "Mental disorder" means a substantial disorder of the person's emotional processes, thought, cognition or memory. Mental disorder is distinguished from: |
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| 149 | 150 | | |
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| 150 | 151 | | (a) Conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless, in addition to one or more of these conditions, the person has a mental disorder. |
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| 151 | 152 | | |
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| 152 | 153 | | (b) The declining mental abilities that directly accompany impending death. |
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| 153 | 154 | | |
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| 154 | 155 | | (c) Character and personality disorders characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute unless the behavior results from a mental disorder. |
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| 155 | 156 | | |
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| 156 | 157 | | 26. 27. "Mental health provider" means any physician or provider of mental health or behavioral health services who is involved in evaluating, caring for, treating or rehabilitating a patient. |
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| 157 | 158 | | |
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| 158 | 159 | | 27. 28. "Mental health treatment agency" means the state hospital or a health care agency that is licensed by the department and that provides those services that are required of the agency by this chapter. |
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| 159 | 160 | | |
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| 160 | 161 | | 28. 29. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization. |
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| 161 | 162 | | |
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| 162 | 163 | | 29. 30. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization. |
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| 163 | 164 | | |
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| 164 | 165 | | 30. 31. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. |
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| 165 | 166 | | |
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| 166 | 167 | | 31. 32. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns. |
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| 167 | 168 | | |
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| 168 | 169 | | 32. 33. "Persistent or acute disability" means a severe mental disorder that meets all the following criteria: |
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| 169 | 170 | | |
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| 170 | 171 | | (a) If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality. |
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| 171 | 172 | | |
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| 172 | 173 | | (b) Substantially impairs the person's capacity to make an informed decision regarding treatment, and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person. |
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| 173 | 174 | | |
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| 174 | 175 | | (c) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment. |
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| 175 | 176 | | |
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| 176 | 177 | | 33. 34. "Prepetition screening" means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in such the application, an interview with each applicant and an interview, if possible, with the proposed patient. The purpose of the interview with the proposed patient is to assess the problem, explain the application and, when indicated, attempt to persuade the proposed patient to receive, on a voluntary basis, evaluation or other services. |
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| 177 | 178 | | |
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| 178 | 179 | | 34. 35. "Prescribed form" means a form established by a court or the rules of the administration in accordance with the laws of this state. |
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| 179 | 180 | | |
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| 180 | 181 | | 35. 36. "Professional" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a psychologist who is licensed pursuant to title 32, chapter 19.1 or a psychiatric and mental health nurse practitioner who is certified pursuant to title 32, chapter 15. |
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| 181 | 182 | | |
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| 182 | 183 | | 36. 37. "Proposed patient" means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed. |
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| 183 | 184 | | |
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| 184 | 185 | | 37. 38. "Prosecuting agency" means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter. |
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| 185 | 186 | | |
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| 186 | 187 | | 38. 39. "Psychiatric and mental health nurse practitioner" means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family psychiatric and mental health nurse practitioner by the state board of nursing. |
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| 187 | 188 | | |
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| 188 | 189 | | 39. 40. "Psychiatrist" means a licensed physician who has completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association. |
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| 189 | 190 | | |
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| 190 | 191 | | 40. 41. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and who is experienced in the practice of clinical psychology. |
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| 191 | 192 | | |
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| 192 | 193 | | 41. 42. "Records" means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral or mental health treatment. Records include medical records that are prepared by a health care provider or other providers. Records do not include: |
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| 193 | 194 | | |
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| 194 | 195 | | (a) Materials that are prepared in connection with utilization review, peer review or quality assurance activities, including records that a health care provider prepares pursuant to section 36-441, 36-445, 36-2402 or 36-2917. |
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| 195 | 196 | | |
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| 196 | 197 | | (b) Recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity. |
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| 197 | 198 | | |
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| 198 | 199 | | 42. 43. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401. |
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| 199 | 200 | | |
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| 200 | 201 | | 43. 44. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of such agency by this chapter. |
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| 201 | 202 | | |
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| 202 | 203 | | 44. 45. "Social worker" means a person who has completed two years of graduate training in social work in a program approved by the council of social work education and who has experience in mental health. |
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| 203 | 204 | | |
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| 204 | 205 | | 45. 46. "State hospital" means the Arizona state hospital. |
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| 205 | 206 | | |
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| 206 | 207 | | 46. 47. "Superintendent" means the superintendent of the state hospital. END_STATUTE |
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| 207 | 208 | | |
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| 208 | 209 | | Sec. 2. Title 36, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 36-503.02, to read: |
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| 209 | 210 | | |
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| 210 | 211 | | START_STATUTE36-503.02. Apprehension and transportation by authorized transporters; immunity |
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| 211 | 212 | | |
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| 212 | 213 | | A. When in any section of articles 4 and 5 of this chapter, a court, a person, an evaluation agency or a mental health treatment agency is allowed to authorize, request or order the apprehension and transportation of a patient or proposed patient by a peace officer to an evaluation agency or mental health treatment agency, the court, person, evaluation agency or mental health treatment agency may authorize the apprehension and transportation by an authorized transporter if available in the city, town or county if there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported by an authorized transporter without the assistance of a peace officer. |
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| 213 | 214 | | |
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| 214 | 215 | | B. ANY person who provides a court, a person, an evaluation agency or a mental health treatment agency authorized to request or order the apprehension and transportation of a patient or proposed patient with facts and circumstances or expresses an opinion that there may be reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported to an evaluation agency or mental health treatment agency by an authorized transporter without the assistance of a peace officer, the court, the person, the evaluation agency or the mental health treatment agency that authorizes the use of an authorized transporter and the authorized transporter that apprehends and transports the patient or proposed patient to an evaluation agency or mental health treatment agency pursuant to an authorization, request or order issued under this chapter are not subject to civil liability for the apprehension or transportation. This liability exclusion does not apply to a person who acts with gross negligence. |
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| 215 | 216 | | |
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| 216 | 217 | | C. This chapter does not require a city, town or county to contract with an authorized transporter to provide services pursuant to this chapter instead of a peace officer. A city, town or county that enters into a contract with an authorized transporter is financially responsible for the contracted services provided pursuant to this chapter by the authorized transporter. |
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| 217 | 218 | | |
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| 218 | 219 | | D. For the purposes of this chapter, an evaluation agency or mental health treatment agency authorizing the use of an authorized transporter is not financially responsible for the use of the authorized transporter.END_STATUTE |
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| 219 | 220 | | |
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| 220 | 221 | | Sec. 3. Title 36, chapter 5, article 2, Arizona Revised Statutes, is amended by adding section 36-510.01, to read: |
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| 221 | 222 | | |
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| 222 | 223 | | START_STATUTE36-510.01. Notice; personal service of process |
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| 223 | 224 | | |
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| 224 | 225 | | A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529, subsection E. A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service the documents specified in section 36-536, subsection D. Personal service shall be completed by a peace officer, a process server or another person authorized by rule 4, Arizona rules of civil procedure, personally handing the documents to the person receiving service. The person who serves the specified documents must file a proof of service with the court that specifies the date, time and manner of service. |
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| 225 | 226 | | |
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| 226 | 227 | | B. A county, city or town that employs peace officers may contract with a process server or another person authorized by rule 4, Arizona rules of civil procedure, to provide service pursuant to this section instead of service by a peace officer. |
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| 227 | 228 | | |
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| 228 | 229 | | C. An evaluation agency is not financially responsible for serving the documents required by section 36-529, subsection E or section 36-536, subsection D. END_STATUTE |
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| 229 | 230 | | |
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| 230 | 231 | | Sec. 4. Section 36-523, Arizona Revised Statutes, is amended to read: |
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| 231 | 232 | | |
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| 232 | 233 | | START_STATUTE36-523. Petition for evaluation |
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| 233 | 234 | | |
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| 234 | 235 | | A. The petition for evaluation shall contain the following: |
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| 235 | 236 | | |
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| 236 | 237 | | 1. The name, address and interest in the case of the individual who applied for the petition. |
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| 237 | 238 | | |
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| 238 | 239 | | 2. The name, and address if known, of the proposed patient for whom evaluation is petitioned. |
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| 239 | 240 | | |
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| 240 | 241 | | 3. The present whereabouts of the proposed patient, if known. |
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| 241 | 242 | | |
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| 242 | 243 | | 4. A statement alleging that there is reasonable cause to believe that the proposed patient has a mental disorder and is as a result a danger to self or others, has a persistent or acute disability or a grave disability and is unwilling or unable to undergo voluntary evaluation. |
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| 243 | 244 | | |
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| 244 | 245 | | 5. A summary of the facts that support the allegations that the proposed patient is dangerous, has a persistent or acute disability or a grave disability and is unwilling or unable to be voluntarily evaluated, including the facts that brought the proposed patient to the screening agency's attention. |
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| 245 | 246 | | |
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| 246 | 247 | | 6. If the petition is filed by a prosecutor pursuant to section 13-4517, the petition shall include any known criminal history of the proposed patient, including whether the proposed patient has ever been found incompetent to stand trial pursuant to section 13-4510. |
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| 247 | 248 | | |
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| 248 | 249 | | 7. 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, if available in the jurisdiction, without the assistance of a peace officer. |
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| 249 | 250 | | |
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| 250 | 251 | | 7. 8. Other information that the director by rule or the court by rule or order may require. |
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| 251 | 252 | | |
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| 252 | 253 | | B. The petition shall request that the court issue an order requiring that the proposed patient be given an evaluation and shall advise the court of both of the following: |
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| 253 | 254 | | |
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| 254 | 255 | | 1. That the opinion of the petitioner is either that the proposed patient is or is not in such a condition that without immediate or continuing hospitalization the patient is likely to suffer serious physical harm or further deterioration or inflict serious physical harm on another person. |
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| 255 | 256 | | |
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| 256 | 257 | | 2. If the opinion of the petitioner is that the proposed patient is not in the condition described in paragraph 1 of this subsection, that the opinion of the petitioner is either that the evaluation should or should not take place on an outpatient basis. |
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| 257 | 258 | | |
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| 258 | 259 | | C. The petition for evaluation shall be accompanied by the application for evaluation, by the recommendation of the county attorney pursuant to section 36-521 and by a prepetition screening report, unless the documents have not been prepared under a provision of law or in accordance with an order of the court. The petition for evaluation shall also be accompanied by a copy of the application for emergency admission if one exists. |
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| 259 | 260 | | |
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| 260 | 261 | | D. A petition and other forms required in a court may be filed only by the screening agency that has prepared the petition. |
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| 261 | 262 | | |
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| 262 | 263 | | E. If the petition is not filed because it has been determined that the person does not need an evaluation, the agency after a period of six months shall destroy the petition and the various reports annexed to the petition as required by this section. |
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| 263 | 264 | | |
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| 264 | 265 | | F. If the petition is not filed because it has been determined that the person does not need an evaluation and a prosecutor filed a petition pursuant to section 13-4517, the person shall be remanded for a disposition pursuant to section 13-4517. If the person is out of custody, the court may order that the person be taken into custody for a disposition pursuant to this section. END_STATUTE |
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| 265 | 266 | | |
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| 266 | 267 | | Sec. 5. Section 36-524, Arizona Revised Statutes, is amended to read: |
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| 267 | 268 | | |
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| 268 | 269 | | START_STATUTE36-524. Application for emergency admission for evaluation; requirements; immunity |
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| 269 | 270 | | |
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| 270 | 271 | | A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency. |
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| 271 | 272 | | |
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| 272 | 273 | | B. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person. |
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| 273 | 274 | | |
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| 274 | 275 | | C. The application shall be upon made on a prescribed form and shall include the following: |
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| 275 | 276 | | |
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| 276 | 277 | | 1. A statement by the applicant that he the applicant believes on the basis of personal observation that the person is, as a result of a mental disorder, is a danger to self or others and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm upon on another person. |
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| 277 | 278 | | |
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| 278 | 279 | | 2. The specific nature of the danger. |
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| 279 | 280 | | |
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| 280 | 281 | | 3. A summary of the observations upon on which the statement of danger is based. |
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| 281 | 282 | | |
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| 282 | 283 | | 4. The signature of the applicant. |
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| 283 | 284 | | |
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| 284 | 285 | | D. A telephonic application may be made no not more than twenty-four hours prior to before a written application. A telephonic application shall be made by or in the presence of a peace officer unless the application is made by a health care provider professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care facility institution licensed in this state. For an application made by a doctor or a nurse, the original signature of the applicant on a facsimile peace officer or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application. |
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| 285 | 286 | | |
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| 286 | 287 | | E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based upon on a review of the written or telephonic application and conversation with the applicant and peace officer, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer, that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer, on the request of the admitting officer of the evaluation agency pursuant to this subsection, shall apprehend and transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise to be taken into custody if the admitting officer has in good faith followed the requirements of this section. END_STATUTE |
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| 287 | 288 | | |
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| 288 | 289 | | Sec. 6. Section 36-525, Arizona Revised Statutes, is amended to read: |
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| 289 | 290 | | |
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| 290 | 291 | | START_STATUTE36-525. Apprehension and transportation by peace officers; immunity |
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| 291 | 292 | | |
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| 292 | 293 | | A. A peace officer, on the advice of the admitting officer of the evaluation agency pursuant to section 36-524, subsection E, shall apprehend and transport a person to an evaluation agency. |
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| 293 | 294 | | |
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| 294 | 295 | | B. A. In those instances in which if the procedures set forth in section 36-524 are not available, a peace officer may take into custody any individual the peace officer has probable cause to believe is, as a result of mental disorder, a danger to self or others, and that if during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section. |
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| 295 | 296 | | |
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| 296 | 297 | | C. B. If apprehension takes place on or about the premises of the apprehended person, the officer shall take reasonable precautions to safeguard the premises and the property thereon on the premises, unless such the property and premises are in the possession of a responsible relative or guardian. |
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| 297 | 298 | | |
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| 298 | 299 | | D. C. A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability. END_STATUTE |
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| 299 | 300 | | |
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| 300 | 301 | | Sec. 7. Section 36-529, Arizona Revised Statutes, is amended to read: |
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| 301 | 302 | | |
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| 302 | 303 | | START_STATUTE36-529. Order for evaluation; order for detention; hearing; personal service of court orders |
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| 303 | 304 | | |
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| 304 | 305 | | A. If, from the review of the petition for evaluation, the court does not determine that the proposed patient is likely to present a danger to self or others or further deteriorate before the proposed patient's hearing on court-ordered treatment, but determines that there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability, the court shall issue an order directing the proposed patient to submit to an evaluation at a designated time and place, specifying that the evaluation will take place on an inpatient or an outpatient basis. The court may also order that, if the person does not or cannot so submit, the person be taken into custody by a peace officer and delivered to an evaluation agency. If the court makes such a conditional order, it shall also make a conditional appointment of counsel for the person to become effective when and if the person is taken into custody pursuant to this section. |
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| 305 | 306 | | |
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| 306 | 307 | | B. If, from review of the petition for evaluation, there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability and that the person requires immediate or continued hospitalization before the proposed patient's hearing on court-ordered treatment, the court shall order the proposed patient taken into custody and evaluated at an evaluation agency. The court shall promptly appoint counsel for the proposed patient. If an intercounty agreement authorizes the same, the court may order that the evaluation be conducted in another county, and the superior court in the county where the evaluation is conducted shall have has concurrent jurisdiction to make appropriate orders concerning the proposed patient. |
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| 307 | 308 | | |
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| 308 | 309 | | C. If the person is not taken into custody or if the evaluation pursuant to the order of the court under subsection A or B of this section is not initiated within fourteen days from after the date of the order, the order and petition for evaluation shall expire. If a prosecutor filed a petition pursuant to section 13-4517, the court and the prosecuting agency shall receive notice of the expiration of the order for evaluation. The court may enter any orders necessary for further disposition pursuant to section 13-4517, including a pickup order directing that the person be taken into custody. This subsection does not prevent any person from initiating another court-ordered evaluation of the person pursuant to this chapter. |
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| 309 | 310 | | |
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| 310 | 311 | | D. If the person is involuntarily hospitalized, the person shall be informed by the person's appointed attorney of the right to a hearing to determine whether the person should be involuntarily hospitalized for evaluation and to be represented at the hearing by an attorney. If the person requests a hearing to determine whether the person should be involuntarily hospitalized during evaluation, the court shall schedule a hearing at its first earliest opportunity. |
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| 311 | 312 | | |
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| 312 | 313 | | E. A copy of any order issued by the court pursuant to subsection A or B of this section, together with a copy of the petition for court-ordered evaluation, shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. END_STATUTE |
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| 313 | 314 | | |
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| 314 | 315 | | Sec. 8. Section 36-533, Arizona Revised Statutes, is amended to read: |
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| 315 | 316 | | |
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| 316 | 317 | | START_STATUTE36-533. Petition for treatment |
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| 317 | 318 | | |
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| 318 | 319 | | A. The petition for court-ordered treatment shall allege: |
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| 319 | 320 | | |
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| 320 | 321 | | 1. That the patient is in need of a period of treatment because the patient, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability. |
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| 321 | 322 | | |
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| 322 | 323 | | 2. The treatment alternatives that are appropriate or available. |
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| 323 | 324 | | |
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| 324 | 325 | | 3. That the patient is unwilling to accept or incapable of accepting treatment voluntarily. |
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| 325 | 326 | | |
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| 326 | 327 | | B. The petition shall be accompanied by the affidavits of the two physicians who participated in the evaluation and by the affidavit of the applicant for the evaluation, if any. The affidavits of the physicians shall describe in detail the behavior that indicates that the person, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability and shall be based on the physician's observations of the patient and the physician's study of information about the patient. A summary of the facts that support the allegations of the petition shall be included. The affidavit shall also include any of the results of the physical examination of the patient if relevant to the patient's psychiatric condition. |
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| 327 | 328 | | |
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| 328 | 329 | | C. The petition shall request the court to issue an order requiring the person to undergo a period of treatment. If a prosecutor filed a petition pursuant to section 13-4517, the petition must be accompanied by any known criminal history of the person and any previous findings of incompetency. |
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| 329 | 330 | | |
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| 330 | 331 | | D. In cases of grave disability, the petition shall also include: |
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| 331 | 332 | | |
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| 332 | 333 | | 1. A statement that in the opinion of the petitioner the person with a grave disability does or does not require guardianship or conservatorship, or both, under title 14 and the reasons on which the statement is based. |
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| 333 | 334 | | |
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| 334 | 335 | | 2. A request that the court order an independent investigation and report for the court if in the opinion of the petitioner the person does require guardianship or conservatorship, or both. |
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| 335 | 336 | | |
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| 336 | 337 | | 3. A statement that in the opinion of the petitioner the person with a grave disability does or does not require temporary guardianship or conservatorship, or both, and the reasons on which the statement is based. |
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| 337 | 338 | | |
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| 338 | 339 | | 4. A request that the court appoint a temporary guardian or conservator, or both, if in the opinion of the petitioner the person does require temporary guardianship or conservatorship, or both. |
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| 339 | 340 | | |
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| 340 | 341 | | E. A copy of the petition in cases of grave disability shall be mailed to the public fiduciary in the county of the patient's residence or in which the patient was found before evaluation and to any person nominated as guardian or conservator. |
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| 341 | 342 | | |
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| 342 | 343 | | F. A copy of all petitions shall be mailed to the superintendent of the Arizona state hospital. |
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| 343 | 344 | | |
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| 344 | 345 | | G. On the filing of a petition for court-ordered treatment, if the patient is not detained in an evaluation agency when the petition is filed, the petition shall contain 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 pursuant to section 36-535 by an authorized transporter, if available in the jurisdiction, without the assistance of a peace officer. END_STATUTE |
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| 345 | 346 | | |
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| 346 | 347 | | Sec. 9. Section 36-536, Arizona Revised Statutes, is amended to read: |
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| 347 | 348 | | |
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| 348 | 349 | | START_STATUTE36-536. Service of petition affidavit and notice of hearing; counsel for proposed patient; notice; personal service |
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| 349 | 350 | | |
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| 350 | 351 | | A. At least seventy-two hours before the court conducts the 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 shall be served on the patient, who shall 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 shall 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. |
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| 351 | 352 | | |
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| 352 | 353 | | B. The notice provisions of this section cannot be waived. |
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| 353 | 354 | | |
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| 354 | 355 | | C. The notice of the hearing shall fix the time and place for the hearing, which shall be held in the courtroom or other place within the county that the court may designate designates to insure ensure humane treatment with due regard to the comfort and safety of the patient and others. |
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| 355 | 356 | | |
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| 356 | 357 | | D. The person who serves the notice of hearing must file a proof of service with the court that specifies the date, time and manner of service. |
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| 357 | 358 | | |
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| 358 | 359 | | D. A copy of the petition, affidavits in support of the petition and notice of hearing shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court. END_STATUTE |
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| 359 | 360 | | |
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| 360 | 361 | | Sec. 10. Title 36, chapter 21.1, article 2, Arizona Revised Statutes, is amended by adding section 36-2234.01, to read: |
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| 361 | 362 | | |
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| 362 | 363 | | START_STATUTE36-2234.01. Certificate of necessity; amendment; interfacility transport; definitions |
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| 363 | 364 | | |
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| 364 | 365 | | A. A city or town that has a licensed health care institution within its jurisdictional boundaries and that operates an ambulance service may apply to amend its certificate of necessity pursuant to this article to provide interfacility transports in lieu of transports by a peace officer as authorized by section 36-503.02. |
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| 365 | 366 | | |
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| 366 | 367 | | B. In addition to any other information required by the department, a city or town must include the following information with the application to AMEND its certificate of necessity pursuant to subsection A of this section for the purposes of providing interfacility transports: |
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| 367 | 368 | | |
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| 368 | 369 | | 1. The number of interfacility transports made by peace officers in the applicant city or town from health care institutions to evaluation agencies or mental health treatment agencies in the preceding two years. |
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| 369 | 370 | | |
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| 370 | 371 | | 2. The projected call volume in the next year for the applicant city or town for interfacility transports to be made in lieu of peace officer transports from health care institutions to evaluation agencies or mental health treatment agencies. |
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| 371 | 372 | | |
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| 372 | 373 | | C. For the purposes of this section: |
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| 373 | 374 | | |
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| 374 | 375 | | 1. "Evaluation agency" has the same meaning prescribed in section 36-501. |
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| 375 | 376 | | |
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| 376 | 377 | | 2. "Interfacility transport" means the transport of a patient from a licensed health care institution to an evaluation agency or mental health treatment agency as authorized by section 36-503.02. |
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| 377 | 378 | | |
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| 378 | 379 | | 3. "Mental health treatment agency" has the same meaning prescribed in section 36-501. END_STATUTE |
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| 379 | 380 | | |
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| 380 | 381 | | Sec. 11. Study committee on alternative behavioral health transportation; membership; duties; report; delayed repeal |
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| 381 | 382 | | |
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| 382 | 383 | | A. The study committee on alternative behavioral health transportation is established consisting of the following members: |
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| 383 | 384 | | |
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| 384 | 385 | | 1. Two members of the senate who are appointed by the president of the senate and who are members of different political parties. The president of the senate shall designate one of these members to serve as cochairperson of the committee. |
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| 385 | 386 | | |
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| 386 | 387 | | 2. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee. |
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| 387 | 388 | | |
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| 388 | 389 | | 3. The director of the department of health services or the director's designee. |
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| 389 | 390 | | |
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| 390 | 391 | | 4. The director of the Arizona health care cost containment system or the director's designee. |
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| 391 | 392 | | |
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| 392 | 393 | | 5. A representative of a law enforcement agency from a county with a population of less than one million persons who is appointed by the speaker of the house of representatives. |
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| 393 | 394 | | |
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| 394 | 395 | | 6. A representative of a law enforcement agency from a county with a population of one million or more persons who is appointed by the president of the senate. |
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| 395 | 396 | | |
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| 396 | 397 | | 7. A representative of an evaluation agency who is appointed by the speaker of the house of representatives. |
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| 397 | 398 | | |
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| 398 | 399 | | 8. Two representatives of behavioral health advocacy organizations, one of whom is appointed by the speaker of the house of representatives and one of whom is appointed by the president of the senate. |
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| 399 | 400 | | |
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| 400 | 401 | | 9. A representative of a regional behavioral health authority who is appointed by the speaker of the house of representatives. |
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| 401 | 402 | | |
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| 402 | 403 | | 10. A psychiatrist who is licensed pursuant to title 32, chapter 13, Arizona Revised Statutes, who is employed by a special health care district and who is appointed by the president of the senate. |
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| 403 | 404 | | |
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| 404 | 405 | | 11. A person who is responsible for operating a city or town ambulance service and who is appointed by the speaker of the house of representatives. |
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| 405 | 406 | | |
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| 406 | 407 | | 12. An employee of a private ambulance company with significant experience in operating behavioral health transports who is appointed by the president of the senate. |
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| 407 | 408 | | |
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| 408 | 409 | | B. The study committee shall research and make recommendations for the implementation of and the use of alternative behavioral health transportation providers for individuals involved in the treatment or evaluation processes addressed in title 36, chapter 5, articles 4 and 5, Arizona Revised Statutes, as an alternative to transportation by peace officers, including: |
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| 409 | 410 | | |
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| 410 | 411 | | 1. Establishing criteria for the certification of alternative behavioral health transportation providers, including the development of a training curriculum required to achieve the certification. |
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| 411 | 412 | | |
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| 412 | 413 | | 2. Recommending the appropriate agency for providing the certification. |
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| 413 | 414 | | |
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| 414 | 415 | | 3. Identifying barriers to the use of alternative behavioral health transportation and detailing the costs associated with the implementation of the alternative transportation providers, including cost savings and benefits associated with the use of the alternative transportation providers. |
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| 415 | 416 | | |
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| 416 | 417 | | 4. Identifying means of improved integration of authorized transporters as defined in section 36-501, Arizona Revised Statutes, as amended by this act, in the behavioral health system. |
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| 417 | 418 | | |
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| 418 | 419 | | C. The study committee may 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 the committee's responsibilities. |
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| 419 | 420 | | |
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| 420 | 421 | | D. The legislature shall provide staff and support services to the study committee. |
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| 421 | 422 | | |
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| 422 | 423 | | E. Study committee members are not eligible to receive compensation. |
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| 423 | 424 | | |
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| 424 | 425 | | F. On or before December 31, 2023, the study committee shall submit a report regarding its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state. |
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| 425 | 426 | | |
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| 426 | 427 | | G. This section is repealed from and after June 30, 2024. |
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