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| 55 | 66 | | An Act |
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| 59 | 70 | | amending sections 36-524 and 36-525, Arizona Revised Statutes; relating to mental health services. |
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| 65 | 76 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 69 | 80 | | Be it enacted by the Legislature of the State of Arizona: Section 1. 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 made on a prescribed form and shall include the following: 1. A statement by the applicant that the applicant believes that the person, as a result of a mental disorder, is a danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation 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 on another person. 2. The specific nature of the harm or illness the person is likely to suffer or inflict without immediate hospitalization. 3. A summary of the facts that support the statements made by the applicant, including the observations of persons who witnessed the events described in the statements or the behaviors of the person who is the subject of the application. 4. The signature of the applicant. D. A telephonic application may be made not more than twenty-four hours before a written application. A telephonic application shall be made by a peace officer or A police officer who is an employee of the United States department of veterans affairs or in the presence of a peace officer unless the application is made by a health care 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 institution licensed in this state. For an application made by a peace officer, A police officer who is an employee of the United States department of veterans affairs 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 on a review of the written or telephonic application and conversation with the applicant and a peace officer or A police officer who is an employee of the United States department of veterans affairs, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer or the police officer who is an employee of the United States department of veterans affairs that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer or the police officer who is an employee of the United States department of veterans affairs, 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. F. If the application for emergency admission is denied, the application shall be retained by the evaluation agency together with a written statement by the medical director of the evaluation agency or the director's designee stating the specific reasons why the application was denied. END_STATUTE Sec. 2. Section 36-525, Arizona Revised Statutes, is amended to read: START_STATUTE36-525. Apprehension and transportation by peace and police officers; immunity A. 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 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. B. A police officer who is an employee of the United States department of veterans affairs may take into custody and transport to a screening agency or an evaluation agency, as applicable, a person who is a veteran of the United States armed forces, consistent with subsection A of this section. B. C. If apprehension takes place on or about the premises of the apprehended person, the peace officer or the police officer who is an employee of the United States department of veterans affairs shall take reasonable precautions to safeguard the premises and the property on the premises, unless the property and premises are in the possession of a responsible relative or guardian. C. D. A peace officer or a police officer who is an employee of the United States department of veterans affairs who makes a good faith effort to follow the requirements of this section is not subject to civil liability. END_STATUTE Sec. 3. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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| 70 | 81 | | |
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| 71 | 82 | | Be it enacted by the Legislature of the State of Arizona: |
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| 72 | 83 | | |
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| 73 | 84 | | Section 1. Section 36-524, Arizona Revised Statutes, is amended to read: |
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| 74 | 85 | | |
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| 75 | 86 | | START_STATUTE36-524. Application for emergency admission for evaluation; requirements; immunity |
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| 76 | 87 | | |
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| 77 | 88 | | 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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| 78 | 89 | | |
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| 79 | 90 | | 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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| 80 | 91 | | |
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| 81 | 92 | | C. The application shall be made on a prescribed form and shall include the following: |
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| 82 | 93 | | |
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| 83 | 94 | | 1. A statement by the applicant that the applicant believes that the person, as a result of a mental disorder, is a danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation 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 on another person. |
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| 84 | 95 | | |
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| 85 | 96 | | 2. The specific nature of the harm or illness the person is likely to suffer or inflict without immediate hospitalization. |
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| 86 | 97 | | |
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| 87 | 98 | | 3. A summary of the facts that support the statements made by the applicant, including the observations of persons who witnessed the events described in the statements or the behaviors of the person who is the subject of the application. |
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| 88 | 99 | | |
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| 89 | 100 | | 4. The signature of the applicant. |
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| 90 | 101 | | |
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| 91 | 102 | | D. A telephonic application may be made not more than twenty-four hours before a written application. A telephonic application shall be made by a peace officer or A police officer who is an employee of the United States department of veterans affairs or in the presence of a peace officer unless the application is made by a health care 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 institution licensed in this state. For an application made by a peace officer, A police officer who is an employee of the United States department of veterans affairs 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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| 92 | 103 | | |
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| 93 | 104 | | E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based on a review of the written or telephonic application and conversation with the applicant and a peace officer or A police officer who is an employee of the United States department of veterans affairs, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer or the police officer who is an employee of the United States department of veterans affairs that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer or the police officer who is an employee of the United States department of veterans affairs, 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. |
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| 94 | 105 | | |
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| 95 | 106 | | F. If the application for emergency admission is denied, the application shall be retained by the evaluation agency together with a written statement by the medical director of the evaluation agency or the director's designee stating the specific reasons why the application was denied. END_STATUTE |
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| 96 | 107 | | |
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| 97 | 108 | | Sec. 2. Section 36-525, Arizona Revised Statutes, is amended to read: |
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| 98 | 109 | | |
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| 99 | 110 | | START_STATUTE36-525. Apprehension and transportation by peace and police officers; immunity |
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| 100 | 111 | | |
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| 101 | 112 | | A. 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 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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| 102 | 113 | | |
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| 103 | 114 | | B. A police officer who is an employee of the United States department of veterans affairs may take into custody and transport to a screening agency or an evaluation agency, as applicable, a person who is a veteran of the United States armed forces, consistent with subsection A of this section. |
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| 104 | 115 | | |
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| 105 | 116 | | B. C. If apprehension takes place on or about the premises of the apprehended person, the peace officer or the police officer who is an employee of the United States department of veterans affairs shall take reasonable precautions to safeguard the premises and the property on the premises, unless the property and premises are in the possession of a responsible relative or guardian. |
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| 106 | 117 | | |
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| 107 | 118 | | C. D. A peace officer or a police officer who is an employee of the United States department of veterans affairs 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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| 108 | 119 | | |
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| 109 | 120 | | Sec. 3. Emergency |
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| 110 | 121 | | |
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| 111 | 122 | | This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law. |
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