| 69 | | - | 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. 4. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital. 5. "Contraindicated" means that access is reasonably likely to endanger the life or physical safety of the patient or another person. 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. 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. 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. 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. 10. "Department" means the department of health services. 11. "Detention" means the taking into custody of a patient or proposed patient. 12. "Director" means the director of the administration. 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 at least the following: (i) Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, 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, 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. 14. "Evaluation agency" means either of the following: (a) A health care agency that is licensed by the department and that has been approved pursuant to this title to provide the services required of that agency by this chapter. (b) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that has been approved pursuant to this title to provide the services required of that facility by this chapter. 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. 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. 17. "Health care decision maker" has the same meaning prescribed in section 12-2801. 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. 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. 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 the person's attorney. 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. 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. 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. 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. 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. 26. "Mental disorder": (a) Means a substantial disorder of the person's emotional processes, thought, cognition or memory. Mental disorder (b) Includes a substance use disorder as defined in section 36-2041, which may co-occur with a disorder described in subdivision (a) of this paragraph. (c) Is distinguished from: (a) (i) Conditions A condition that are is primarily those of drug abuse, alcoholism or an intellectual disability, unless, in addition to one or more of these conditions that condition, the person has a mental disorder. (b) (ii) The declining mental abilities that directly accompany impending death. (c) (iii) 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. 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. 28. "Mental health treatment agency" means any of the following: (a) The state hospital. (b) A health care agency that is licensed by the department and that provides the services that are required of the agency by this chapter. (c) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that provides the services that are required of the facility by this chapter. 29. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization. 30. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization. 31. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. 32. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns. 33. "Persistent or acute disability" means a severe mental disorder that meets all the following criteria: (a) Significantly impairs judgment, reason, behavior or capacity to recognize reality. (b) 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. (c) 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. (d) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment. 34. "Prepetition screening" means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in 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. 35. "Prescribed form" means a form established by a court or the rules of the administration in accordance with the laws of this state. 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. 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. 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. 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. 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. 41. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and who is experienced in the practice of clinical psychology. 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. 43. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401. 44. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of the agency by this chapter. 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. 46. "State hospital" means the Arizona state hospital. 47. "Superintendent" means the superintendent of the state hospital. 48. "Voluntary evaluation" means the ongoing collection and analysis of a person's medical, psychological, psychiatric and social conditions in order to initially determine if a health disorder exists and if there is a need for behavioral health services and, on an ongoing basis, to ensure that the person's service plan is designed to meet the person's and the person's family's current needs and long-term goals.END_STATUTE Sec. 2. Section 36-521.01, Arizona Revised Statutes, is amended to read: START_STATUTE36-521.01. Considerations for screening, evaluation and involuntary treatment A. A person who has a substance use disorder without any co-occurring mental disorder may not be considered for involuntary treatment pursuant to article 5 of this chapter if the substance use disorder is severe and persistent and results in the person being a danger to self or others or having a grave disability and being unwilling or unable to accept voluntary treatment. A person who initially presents with impairments consistent with both a mental disorder and a substance use disorder is eligible for screening and evaluation pursuant to this article, and that person may be eligible for involuntary treatment pursuant to article 5 of this chapter if, after considering the person's history, an appropriate assessment of the person's current presentation, and a reasonable period of time to rule out substance abuse as the primary cause of the alleged behavior, the person's presentation is consistent with a mental disorder that would benefit from treatment. B. A person who has an intellectual disability may not be considered for involuntary treatment pursuant to article 5 of this chapter unless, in addition to the intellectual disability, the person has a mental disorder that would benefit from treatment. C. A person who presents with declining mental abilities that directly accompany impending death may not be considered for involuntary treatment pursuant to article 5 of this chapter. D. A person with a character or personality disorder characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute, may not be considered for involuntary treatment pursuant to article 5 of this chapter unless the person also has a mental disorder that would benefit from treatment. E. This section does not affect any time frames otherwise prescribed in this chapter. END_STATUTE Sec. 3. Title 36, chapter 18, Arizona Revised Statutes, is amended by adding article 2.1, to read: ARTICLE 2.1. COURT-ORDERED TREATMENT FOR SUBSTANCE USE DISORDER START_STATUTE36-2041. Definition of substance use disorder; criteria A. In this article, unless the context otherwise requires, "substance use disorder" means a cluster of cognitive, behavioral and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. B. The criteria for substance use disorder are in the most current edition of the American psychiatric association's diagnostic and statistical manual of mental disorders. END_STATUTE START_STATUTE36-2042. Criteria for court-ordered treatment; rights of patient A person who suffers from a substance use disorder may not be ordered by a court pursuant to chapter 5 of this title to undergo treatment unless that person meets all of the following: 1. Has been diagnosed by a qualified health professional as suffering from a substance use disorder. 2. Has a substance use disorder that is severe and persistent and results in the person being a danger to self or others or having a grave disability and being unwilling or unable to accept voluntary treatment. 3. Can reasonably benefit from treatment. END_STATUTE Sec. 4. Short title This act may be cited as the "Matthew Casey Wethington Act for Substance Abuse Intervention". |
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| 78 | + | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 18, Arizona Revised Statutes, is amended by adding article 2.1, to read: ARTICLE 2.1. INVOLUNTARY TREATMENT FOR SUBSTANCE USE DISORDER START_STATUTE36-2041. Definition of substance use disorder; criteria A. In this article, unless the context otherwise requires, "substance use disorder" means a cluster of cognitive, behavioral and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. B. The criteria for substance use disorder are in the most current edition of the American psychiatric association's diagnostic and statistical manual of mental disorders. END_STATUTE START_STATUTE36-2042. Criteria for involuntary treatment; rights of patient A. A person who suffers from a substance use disorder may not be ordered to undergo treatment unless that person meets all of the following: 1. Has been diagnosed by a qualified health professional as suffering from a substance use disorder. 2. Presents an imminent threat of danger to self, family or others as a result of the substance use disorder or there is a substantial likelihood of a threat in the near future. 3. Can reasonably benefit from treatment. B. Involuntary treatment ordered for a person suffering from a substance use disorder shall follow the procedures prescribed in this article. Except as otherwise provided in this article, all rights guaranteed to involuntarily hospitalized mentally ill persons pursuant to chapter 5 of this title are guaranteed to a person ordered to undergo treatment for a substance use disorder pursuant to this article. END_STATUTE START_STATUTE36-2043. Petition for involuntary treatment; contents; guarantee for costs of treatment A. Proceedings for sixty days or three hundred sixty days of treatment for an individual suffering from substance use disorder shall be initiated on the filing of a verified petition in superior court. The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent) ". B. The petition may be filed by a spouse, relative, friend or guardian of the individual with a substance use disorder for whom the petition is filed. C. The petition shall set forth: 1. The petitioner's relationship to the respondent. 2. The respondent's name, residence address and current location, if known. 3. The name and residence address of the respondent's parents, if living and if known, or the respondent's legal guardian, if any and if known. 4. The name and residence address of the respondent's spouse, if any and if known. 5. The name and residence address of the person having custody of the respondent, if any, or if no such person is known, the name and residence address of a near relative or that the person is unknown. 6. The petitioner's belief, including the factual basis for the belief, that the respondent is suffering from a substance use disorder and presents a danger or threat of danger to self, family or others if not treated for the substance use disorder. D. Any petition filed pursuant to this section shall be accompanied by a guarantee, signed by the petitioner or other person authorized under subsection B of this section, obligating that person to pay all costs for treatment of the respondent for substance use disorder that is ordered by the court. END_STATUTE START_STATUTE36-2044. Duties of the court; hearing; evaluations; involuntary treatment; dismissal A. On receipt of a petition filed pursuant to section 36-2043, the court shall examine the petitioner under oath as to the contents of the petition. If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be ordered to undergo treatment, the court shall: 1. Set a date for a hearing within fourteen days to determine whether the respondent should be ordered to undergo treatment for a substance use disorder. 2. Notify the respondent, the legal guardian, if any and if known, and the spouse, parents or nearest relative or friend of the respondent concerning the allegations and contents of the petition, the date and purpose of the hearing and the name, address and telephone number of the attorney appointed to represent the respondent. 3. Cause the respondent to be evaluated not later than twenty-four hours before the hearing date by two qualified health professionals, at least one of whom is a physician. The qualified health professionals: (a) Shall certify their findings to the court within twenty-four hours after the evaluations. (b) May be subject to subpoena for cross-examination at the hearing, either in person, by telephone or by videoconference. (c) May conduct the evaluation required by this paragraph via telehealth as defined in section 36-3601. B. If, on completion of the hearing, the court finds by proof beyond a reasonable doubt that the respondent should be ordered to undergo treatment, the court shall order such treatment for a period of not more than sixty consecutive days after the date of the court order or a period of not more than three hundred sixty consecutive days after the date of the court order, whichever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court. C. If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, the proceedings against the respondent shall be dismissed.END_STATUTE START_STATUTE36-2045. Emergency involuntary treatment A. Following an evaluation by a qualified health professional and a certification by that health professional that the person meets the criteria specified in section 36-2042, the court may order the person to be admitted to a hospital or behavioral health facility for a period of not more than seventy-two hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, family or others as a result of a substance use disorder. B. Any person who has been admitted to a hospital or behavioral health facility pursuant to subsection A of this section shall be released from the hospital or behavioral health facility within seventy-two hours after admittance. C. A respondent who is ordered to be admitted to a hospital or a behavioral health facility under this section may not be held in jail pending transportation to the hospital or behavioral health facility or the evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to section 36-2044.END_STATUTE START_STATUTE36-2046. Failure to attend evaluation; summons; transportation to hospital or behavioral health facility When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an evaluation scheduled before the hearing as provided in section 36-2044, the court shall, issue a summons commanding the respondent to appear at a time and place specified in the summons. If a respondent who has been summoned fails to appear at the hospital or behavioral health facility or the evaluation, the court may order the sheriff or another peace officer to transport the respondent to a hospital or behavioral health facility designated by the administration for treatment. The sheriff or other peace officer, on agreement of a person authorized by the sheriff or peace officer, may authorize the administration, a contractor of the administration or an ambulance service designated by the administration to transport the respondent to the hospital or behavioral health facility. The transportation costs of the sheriff, other peace officer, ambulance service or contractor of the administration shall be included in the costs of treatment for a substance use disorder to be paid by the petitioner or other person pursuant to section 36-2043, subsection D. END_STATUTE Sec. 2. Short title This act may be cited as the "Matthew Casey Wethington Act for Substance Abuse Intervention". |
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| 75 | | - | START_STATUTE36-501. Definitions |
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| 76 | | - | |
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| 77 | | - | In this chapter, unless the context otherwise requires: |
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| 78 | | - | |
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| 79 | | - | 1. "Administration" means the Arizona health care cost containment system administration. |
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| 80 | | - | |
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| 81 | | - | 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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| 82 | | - | |
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| 83 | | - | 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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| 84 | | - | |
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| 85 | | - | (a) An ambulance service that holds a valid certificate of necessity. |
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| 86 | | - | |
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| 87 | | - | (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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| 88 | | - | |
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| 89 | | - | 4. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital. |
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| 90 | | - | |
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| 91 | | - | 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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| 92 | | - | |
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| 93 | | - | 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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| 94 | | - | |
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| 95 | | - | 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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| 96 | | - | |
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| 97 | | - | 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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| 98 | | - | |
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| 99 | | - | 9. "Danger to self": |
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| 100 | | - | |
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| 101 | | - | (a) Means behavior that, as a result of a mental disorder: |
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| 102 | | - | |
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| 103 | | - | (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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| 104 | | - | |
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| 105 | | - | (ii) Without hospitalization will result in serious physical harm or serious illness to the person. |
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| 106 | | - | |
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| 107 | | - | (b) Does not include behavior that establishes only the condition of having a grave disability. |
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| 108 | | - | |
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| 109 | | - | 10. "Department" means the department of health services. |
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| 110 | | - | |
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| 111 | | - | 11. "Detention" means the taking into custody of a patient or proposed patient. |
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| 112 | | - | |
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| 113 | | - | 12. "Director" means the director of the administration. |
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| 114 | | - | |
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| 115 | | - | 13. "Evaluation" means: |
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| 116 | | - | |
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| 117 | | - | (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 at least the following: |
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| 118 | | - | |
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| 119 | | - | (i) Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, 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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| 120 | | - | |
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| 121 | | - | (ii) Two other individuals, one of whom, if available, 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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| 122 | | - | |
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| 123 | | - | (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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| 124 | | - | |
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| 125 | | - | 14. "Evaluation agency" means either of the following: |
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| 126 | | - | |
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| 127 | | - | (a) A health care agency that is licensed by the department and that has been approved pursuant to this title to provide the services required of that agency by this chapter. |
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| 128 | | - | |
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| 129 | | - | (b) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that has been approved pursuant to this title to provide the services required of that facility by this chapter. |
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| 130 | | - | |
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| 131 | | - | 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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| 132 | | - | |
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| 133 | | - | 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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| 134 | | - | |
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| 135 | | - | 17. "Health care decision maker" has the same meaning prescribed in section 12-2801. |
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| 136 | | - | |
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| 137 | | - | 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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| 138 | | - | |
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| 139 | | - | 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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| 140 | | - | |
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| 141 | | - | 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 the person's attorney. |
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| 142 | | - | |
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| 143 | | - | 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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| 144 | | - | |
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| 145 | | - | 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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| 146 | | - | |
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| 147 | | - | 23. "Licensed physician" means any medical doctor or doctor of osteopathy who is either: |
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| 148 | | - | |
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| 149 | | - | (a) Licensed in this state. |
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| 150 | | - | |
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| 151 | | - | (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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| 152 | | - | |
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| 153 | | - | 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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| 154 | | - | |
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| 155 | | - | 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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| 156 | | - | |
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| 157 | | - | 26. "Mental disorder": |
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| 158 | | - | |
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| 159 | | - | (a) Means a substantial disorder of the person's emotional processes, thought, cognition or memory. Mental disorder |
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| 160 | | - | |
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| 161 | | - | (b) Includes a substance use disorder as defined in section 36-2041, which may co-occur with a disorder described in subdivision (a) of this paragraph. |
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| 162 | | - | |
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| 163 | | - | (c) Is distinguished from: |
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| 164 | | - | |
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| 165 | | - | (a) (i) Conditions A condition that are is primarily those of drug abuse, alcoholism or an intellectual disability, unless, in addition to one or more of these conditions that condition, the person has a mental disorder. |
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| 166 | | - | |
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| 167 | | - | (b) (ii) The declining mental abilities that directly accompany impending death. |
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| 168 | | - | |
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| 169 | | - | (c) (iii) 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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| 170 | | - | |
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| 171 | | - | 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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| 172 | | - | |
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| 173 | | - | 28. "Mental health treatment agency" means any of the following: |
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| 174 | | - | |
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| 175 | | - | (a) The state hospital. |
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| 176 | | - | |
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| 177 | | - | (b) A health care agency that is licensed by the department and that provides the services that are required of the agency by this chapter. |
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| 178 | | - | |
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| 179 | | - | (c) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that provides the services that are required of the facility by this chapter. |
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| 180 | | - | |
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| 181 | | - | 29. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization. |
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| 182 | | - | |
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| 183 | | - | 30. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization. |
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| 184 | | - | |
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| 185 | | - | 31. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. |
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| 186 | | - | |
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| 187 | | - | 32. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns. |
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| 188 | | - | |
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| 189 | | - | 33. "Persistent or acute disability" means a severe mental disorder that meets all the following criteria: |
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| 190 | | - | |
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| 191 | | - | (a) Significantly impairs judgment, reason, behavior or capacity to recognize reality. |
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| 192 | | - | |
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| 193 | | - | (b) 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. |
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| 194 | | - | |
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| 195 | | - | (c) 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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| 196 | | - | |
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| 197 | | - | (d) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment. |
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| 198 | | - | |
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| 199 | | - | 34. "Prepetition screening" means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in 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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| 200 | | - | |
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| 201 | | - | 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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| 202 | | - | |
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| 203 | | - | 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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| 204 | | - | |
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| 205 | | - | 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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| 206 | | - | |
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| 207 | | - | 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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| 208 | | - | |
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| 209 | | - | 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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| 210 | | - | |
|---|
| 211 | | - | 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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| 212 | | - | |
|---|
| 213 | | - | 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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| 214 | | - | |
|---|
| 215 | | - | 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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| 216 | | - | |
|---|
| 217 | | - | (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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| 218 | | - | |
|---|
| 219 | | - | (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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| 220 | | - | |
|---|
| 221 | | - | 43. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401. |
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| 222 | | - | |
|---|
| 223 | | - | 44. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of the agency by this chapter. |
|---|
| 224 | | - | |
|---|
| 225 | | - | 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. |
|---|
| 226 | | - | |
|---|
| 227 | | - | 46. "State hospital" means the Arizona state hospital. |
|---|
| 228 | | - | |
|---|
| 229 | | - | 47. "Superintendent" means the superintendent of the state hospital. |
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| 230 | | - | |
|---|
| 231 | | - | 48. "Voluntary evaluation" means the ongoing collection and analysis of a person's medical, psychological, psychiatric and social conditions in order to initially determine if a health disorder exists and if there is a need for behavioral health services and, on an ongoing basis, to ensure that the person's service plan is designed to meet the person's and the person's family's current needs and long-term goals.END_STATUTE |
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| 232 | | - | |
|---|
| 233 | | - | Sec. 2. Section 36-521.01, Arizona Revised Statutes, is amended to read: |
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| 234 | | - | |
|---|
| 235 | | - | START_STATUTE36-521.01. Considerations for screening, evaluation and involuntary treatment |
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| 236 | | - | |
|---|
| 237 | | - | A. A person who has a substance use disorder without any co-occurring mental disorder may not be considered for involuntary treatment pursuant to article 5 of this chapter if the substance use disorder is severe and persistent and results in the person being a danger to self or others or having a grave disability and being unwilling or unable to accept voluntary treatment. A person who initially presents with impairments consistent with both a mental disorder and a substance use disorder is eligible for screening and evaluation pursuant to this article, and that person may be eligible for involuntary treatment pursuant to article 5 of this chapter if, after considering the person's history, an appropriate assessment of the person's current presentation, and a reasonable period of time to rule out substance abuse as the primary cause of the alleged behavior, the person's presentation is consistent with a mental disorder that would benefit from treatment. |
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| 238 | | - | |
|---|
| 239 | | - | B. A person who has an intellectual disability may not be considered for involuntary treatment pursuant to article 5 of this chapter unless, in addition to the intellectual disability, the person has a mental disorder that would benefit from treatment. |
|---|
| 240 | | - | |
|---|
| 241 | | - | C. A person who presents with declining mental abilities that directly accompany impending death may not be considered for involuntary treatment pursuant to article 5 of this chapter. |
|---|
| 242 | | - | |
|---|
| 243 | | - | D. A person with a character or personality disorder characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute, may not be considered for involuntary treatment pursuant to article 5 of this chapter unless the person also has a mental disorder that would benefit from treatment. |
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| 244 | | - | |
|---|
| 245 | | - | E. This section does not affect any time frames otherwise prescribed in this chapter. END_STATUTE |
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| 246 | | - | |
|---|
| 247 | | - | Sec. 3. Title 36, chapter 18, Arizona Revised Statutes, is amended by adding article 2.1, to read: |
|---|
| 248 | | - | |
|---|
| 249 | | - | ARTICLE 2.1. COURT-ORDERED TREATMENT |
|---|
| 84 | + | ARTICLE 2.1. INVOLUNTARY TREATMENT |
|---|
| 269 | | - | Sec. 4. Short title |
|---|
| 104 | + | B. Involuntary treatment ordered for a person suffering from a substance use disorder shall follow the procedures prescribed in this article. Except as otherwise provided in this article, all rights guaranteed to involuntarily hospitalized mentally ill persons pursuant to chapter 5 of this title are guaranteed to a person ordered to undergo treatment for a substance use disorder pursuant to this article. END_STATUTE |
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| 105 | + | |
|---|
| 106 | + | START_STATUTE36-2043. Petition for involuntary treatment; contents; guarantee for costs of treatment |
|---|
| 107 | + | |
|---|
| 108 | + | A. Proceedings for sixty days or three hundred sixty days of treatment for an individual suffering from substance use disorder shall be initiated on the filing of a verified petition in superior court. The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent) ". |
|---|
| 109 | + | |
|---|
| 110 | + | B. The petition may be filed by a spouse, relative, friend or guardian of the individual with a substance use disorder for whom the petition is filed. |
|---|
| 111 | + | |
|---|
| 112 | + | C. The petition shall set forth: |
|---|
| 113 | + | |
|---|
| 114 | + | 1. The petitioner's relationship to the respondent. |
|---|
| 115 | + | |
|---|
| 116 | + | 2. The respondent's name, residence address and current location, if known. |
|---|
| 117 | + | |
|---|
| 118 | + | 3. The name and residence address of the respondent's parents, if living and if known, or the respondent's legal guardian, if any and if known. |
|---|
| 119 | + | |
|---|
| 120 | + | 4. The name and residence address of the respondent's spouse, if any and if known. |
|---|
| 121 | + | |
|---|
| 122 | + | 5. The name and residence address of the person having custody of the respondent, if any, or if no such person is known, the name and residence address of a near relative or that the person is unknown. |
|---|
| 123 | + | |
|---|
| 124 | + | 6. The petitioner's belief, including the factual basis for the belief, that the respondent is suffering from a substance use disorder and presents a danger or threat of danger to self, family or others if not treated for the substance use disorder. |
|---|
| 125 | + | |
|---|
| 126 | + | D. Any petition filed pursuant to this section shall be accompanied by a guarantee, signed by the petitioner or other person authorized under subsection B of this section, obligating that person to pay all costs for treatment of the respondent for substance use disorder that is ordered by the court. END_STATUTE |
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| 127 | + | |
|---|
| 128 | + | START_STATUTE36-2044. Duties of the court; hearing; evaluations; involuntary treatment; dismissal |
|---|
| 129 | + | |
|---|
| 130 | + | A. On receipt of a petition filed pursuant to section 36-2043, the court shall examine the petitioner under oath as to the contents of the petition. If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be ordered to undergo treatment, the court shall: |
|---|
| 131 | + | |
|---|
| 132 | + | 1. Set a date for a hearing within fourteen days to determine whether the respondent should be ordered to undergo treatment for a substance use disorder. |
|---|
| 133 | + | |
|---|
| 134 | + | 2. Notify the respondent, the legal guardian, if any and if known, and the spouse, parents or nearest relative or friend of the respondent concerning the allegations and contents of the petition, the date and purpose of the hearing and the name, address and telephone number of the attorney appointed to represent the respondent. |
|---|
| 135 | + | |
|---|
| 136 | + | 3. Cause the respondent to be evaluated not later than twenty-four hours before the hearing date by two qualified health professionals, at least one of whom is a physician. The qualified health professionals: |
|---|
| 137 | + | |
|---|
| 138 | + | (a) Shall certify their findings to the court within twenty-four hours after the evaluations. |
|---|
| 139 | + | |
|---|
| 140 | + | (b) May be subject to subpoena for cross-examination at the hearing, either in person, by telephone or by videoconference. |
|---|
| 141 | + | |
|---|
| 142 | + | (c) May conduct the evaluation required by this paragraph via telehealth as defined in section 36-3601. |
|---|
| 143 | + | |
|---|
| 144 | + | B. If, on completion of the hearing, the court finds by proof beyond a reasonable doubt that the respondent should be ordered to undergo treatment, the court shall order such treatment for a period of not more than sixty consecutive days after the date of the court order or a period of not more than three hundred sixty consecutive days after the date of the court order, whichever was the period of time that was requested in the petition or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court. |
|---|
| 145 | + | |
|---|
| 146 | + | C. If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, the proceedings against the respondent shall be dismissed.END_STATUTE |
|---|
| 147 | + | |
|---|
| 148 | + | START_STATUTE36-2045. Emergency involuntary treatment |
|---|
| 149 | + | |
|---|
| 150 | + | A. Following an evaluation by a qualified health professional and a certification by that health professional that the person meets the criteria specified in section 36-2042, the court may order the person to be admitted to a hospital or behavioral health facility for a period of not more than seventy-two hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, family or others as a result of a substance use disorder. |
|---|
| 151 | + | |
|---|
| 152 | + | B. Any person who has been admitted to a hospital or behavioral health facility pursuant to subsection A of this section shall be released from the hospital or behavioral health facility within seventy-two hours after admittance. |
|---|
| 153 | + | |
|---|
| 154 | + | C. A respondent who is ordered to be admitted to a hospital or a behavioral health facility under this section may not be held in jail pending transportation to the hospital or behavioral health facility or the evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to section 36-2044.END_STATUTE |
|---|
| 155 | + | |
|---|
| 156 | + | START_STATUTE36-2046. Failure to attend evaluation; summons; transportation to hospital or behavioral health facility |
|---|
| 157 | + | |
|---|
| 158 | + | When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an evaluation scheduled before the hearing as provided in section 36-2044, the court shall, issue a summons commanding the respondent to appear at a time and place specified in the summons. If a respondent who has been summoned fails to appear at the hospital or behavioral health facility or the evaluation, the court may order the sheriff or another peace officer to transport the respondent to a hospital or behavioral health facility designated by the administration for treatment. The sheriff or other peace officer, on agreement of a person authorized by the sheriff or peace officer, may authorize the administration, a contractor of the administration or an ambulance service designated by the administration to transport the respondent to the hospital or behavioral health facility. The transportation costs of the sheriff, other peace officer, ambulance service or contractor of the administration shall be included in the costs of treatment for a substance use disorder to be paid by the petitioner or other person pursuant to section 36-2043, subsection D. END_STATUTE |
|---|
| 159 | + | |
|---|
| 160 | + | Sec. 2. Short title |
|---|