HB 2744
Initials AG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: HHS DP 9-1-0-0
HB 2744: involuntary treatment; guardians; agents; rights
Sponsor: Representative Hernandez C, LD 21
Caucus & COW
Overview
Entitles guardians and agents who may have decisional authority to make personal, medical
and treatment decisions for a patient pursuant to a court order or validly executed mental
health power of attorney to certain rights regarding involuntary treatment of a patient.
History
At least 72 hours before the court conducts a 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 must be served on the patient, who must 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 must 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.
If the court finds by clear and convincing evidence that the proposed patient, as a result of a
mental disorder, is a danger to self, is a danger to others or has a persistent or acute disability
or a grave disability and is in need of treatment, and is either unwilling or unable to accept
voluntary treatment, the court must order the patient to undergo one of the following: 1)
treatment in a program of outpatient treatment; 2) treatment in a program consisting of
combined inpatient and outpatient treatment; or 3) for eligible veterans, inpatient treatment
in a mental health treatment agency, in a hospital operated by or under contract with the
U.S. Department of Veterans Affairs, in the state or private hospital (A.R.S. §§ 36-535 and
36-540).
Provisions
Guardians and Agents Rights
1. Entitles guardians and agents, who may have decisional authority to make personal,
medical or treatment decisions for a patient pursuant to a court order or validly mental
health power of attorney, to the following rights in any proceedings regarding involuntary
treatment of the patient:
a) to be notified of any petition for treatment, motion for an amended court order,
application for continued court-ordered treatment and request for judicial review;
b) to provide to the court, if allowed, with their position regarding the relief being sought
in any proceedings and any relevant information to help the court make a
determination;
c) to provide relevant information to any agency providing inpatient or outpatient
screening, evaluation or treatment to the patient; and
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2744
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d) to participate in treatment and discharge planning with the inpatient or outpatient
treatment providers when appropriate. (Sec. 1)
Direct Petition for Court-Ordered Evaluation
2. Allows a parent, spouse or guardian of a person to directly file a petition for evaluation
with the court. (Sec. 2)
3. Asserts that a petition for court-ordered evaluation:
a) does not need to comply with the application and prescreening provisions; and
b) must include a certificate executed by certain health care professionals that are able
to state that they have examined the person who is subject of the petition within the
preceding 48 hours and find that the person appears to meet the criteria for
involuntary evaluation and the observation on which that conclusion is based. (Sec. 2)
Service of Petition
4. Requires a petitioner to serve a copy of the petition, affidavits in support of the petition
and the notice of the hearing on any guardian identified in the petition. (Sec. 4)
5. Allows a guardian, in lieu of personal service, to provide a written acknowledgment that
the guardian has received the documents. (Sec. 4)
6. Directs the petitioner to complete service on the guardian at least two calendar days
before the hearing on the petition. (Sec. 4)
7. Asserts that failure to serve a guardian is not grounds for dismissing the petition.
(Sec. 4)
Court Options
8. States that if there is a court order for treatment and a guardianship with additional
mental health authority existing at the same time, the treatment and placement decisions
made by the treatment agency assigned by the court to supervise and administer the
patient's treatment program pursuant to the court order for treatment are controlling
unless the court orders otherwise. (Sec. 5)
9. Allows a guardian of a patient, during any period of outpatient treatment, to file a report
with the court that:
a) addresses whether the patient is complying with the terms of the order;
b) whether the outpatient treatment plan is appropriate; and
c) whether the patient needs inpatient treatment. (Sec. 5)
10. Specifies that the report must state in detail the facts on which the guardian relies and
may include other supporting documents. (Sec. 5)
11. Requires a copy of the report and other supporting documents to be given to the patient's
attorney and the outpatient treatment agency. (Sec. 5)
12. Requires a court, after reviewing the report and supporting documents, to set a
conference, hearing or take other actions if the court determines there is reasonable cause
to believe either of the following:
a) that the patient is not complying with the terms of the order;
b) that the outpatient treatment plan is no longer appropriate; or
c) that the patient needs inpatient treatment. (Sec. 5)
13. Makes technical and conforming changes. (Sec. 3, 5)