SB 1257
Initials AG Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
Senate: JUDE DP 4-2-1-0 | APPROP DP 8-2-0-0| 3rd Read 16-11-3-0
House: HHS DP 8-3-0-1
SB 1257: impaired persons; court-ordered stabilization
Sponsor: Senator Leach, LD 17
Caucus & COW
Overview
Creates a court-ordered stabilization process for the treatment of persons who are impaired
due to intoxication, withdrawal or substance-induced symptoms and prescribes procedures
and standards regarding court-ordered stabilization and treatment of impaired persons.
Forbids an impaired person from being charged for the services related to the person's court
ordered stabilization treatment.
History
Statute allows any responsible individual to apply for a court-ordered evaluation of a person
who is alleged to be, as a result of a mental disorder, a danger to self or to others or a person
with a persistent or acute disability or a grave disability and who is unwilling or unable to
undergo a voluntary evaluation. The application for evaluation must include: 1) the name
and address of the proposed patient, if known; 2) prescribed personal information such as the
proposed patient's age, date of birth and social security number; 3) the name, address and
relationship of the person who is applying for the evaluation; 4) a statement that the proposed
patient is believed to be a danger to self or to others and the facts on which the statement is
based; and 5) a statement that the applicant believes the proposed patient is in need of
supervision, care and treatment and the facts on which the statement is based (A.R.S. § 36-
520).
On receiving the application for evaluation, the screening agency, before filing a petition for
court-ordered evaluation, must provide prepetition screening within 48 hours to determine
whether there is reasonable cause to believe the person has a persistent or acute disability
or a grave disability or is a danger to self or others as a result of a mental disorder and
whether the person will voluntarily receive evaluation at a scheduled time and place. On
presentation for emergency admission, the admitting officer of the evaluation agency must
perform an examination of the person's psychiatric and physical condition and may admit
the person to the agency as an emergency admission upon finding, as a result of the
examination and investigation of the application, that there is reasonable cause to believe
that the person, as a result of a mental disorder: 1) is a danger to self or others; 2) has a
persistent or acute disability or a grave disability; or 3) is unable or unwilling to undergo
voluntary evaluation and that, during the time necessary to complete the prepetition
screening procedures, the person is likely to suffer serious physical harm or serious illness or
to inflict serious physical harm on another person without immediate hospitalization (A.R.S.
§§ 36-521 and 36-526).
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1257
Initials AG Page 2 Caucus & COW
Provisions
Petitions for Court-Ordered Stabilization
1. Allows an admitting officer to file a petition for court-ordered stabilization of a person, if
the admitting office determines that the proposed patient is an impaired person after
examining or evaluating the proposed patient. (Sec. 2)
2. Entitles an impaired person who is involuntarily admitted for a stabilization period to all
civil and legal rights as prescribed for mental health patients. (Sec. 3)
3. Permits a petition for court-ordered stabilization to be filed by an admitting officer based
on a personal assessment and review of the individual's medical record and be
accompanied by an affidavit. (Sec. 3)
4. Specifies that the affidavit from the admitting officer contain the following:
a) that the individual is an impaired person and the clinical facts that support that
conclusion;
b) that the individual is unable or unwilling to consent to voluntary admission;
c) the reasons why discharging the individual would be unsafe;
d) the reasons why the proceedings are inappropriate; and
e) the date the individual was initially involuntarily admitted to the evaluation agency.
(Sec. 3)
5. Requires the petition for court-ordered stabilization to request that the court issue an
order admitting the impaired person to the evaluation agency for a stabilization period of
up to five calendar days after the date the individual was involuntarily admitted to the
evaluation agency. (Sec. 3)
6. Forbids a petition for court-ordered stabilization from being filed solely to detain an
individual who is at risk of using substances, but who is not currently intoxicated, in
withdrawal or having substance-induced symptoms. (Sec. 3)
7. Requires the court to grant a petition for court-ordered stabilization if it determines that
there is reasonable cause to believe that the individual is an impaired person. (Sec. 3)
8. Requires the court to grant a petition for court-ordered stabilization for a period of up to
five calendar days after the date the individual was involuntarily admitted to the
evaluation agency. (Sec. 3)
9. Instructs the court to deny a petition for court-ordered stabilization if the court
determines that there is insufficient evidence presented in the petition to find that the
individual is an impaired person. (Sec. 3)
10. Requires an evaluation agency to immediately release the impaired person if the court
denied a petition for court-ordered stabilization. (Sec. 3)
11. Requires a copy of any stabilization order issued by the court to be personally served, as
prescribed by law, court rule or as ordered by the court, on the impaired person with a
copy of the petition for court-ordered stabilization. (Sec. 3)
Treatment of Impaired Persons Under Court Order for Stabilization
12. Asserts that for each day an impaired person is detained under an order for stabilization,
the impaired person must be offered treatment which the person may consent to. (Sec. 3) SB 1257
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13. Directs the evaluation agency to assess the impaired person each day to determine
whether the person remains impaired. (Sec. 3)
14. Requires an evaluation agency, if the person no longer meets the definition of an impaired
person to either:
a) release the person from the court-ordered stabilization period and discharge the
person from the facility; or
b) admit the person to the evaluation agency on a voluntary basis. (Sec. 3)
15. Directs the evaluation agency to comply with outlined quality of treatment requirements.
(Sec. 3)
16. Forbids an impaired person from being treated for impairment without the impaired
person's express consent, except that seclusion and mechanical or pharmacological
restraints may be employed as emergency measures for the safety of the impaired person
or others. (Sec. 3)
17. Forbids the use of seclusion or mechanical or pharmacological restraints on an impaired
person undergoing stabilization, except in the case of an emergency for the safety of the
impaired person or others, or as part of a prescribed written stabilization plan that is
prepared by staff members responsible for the persons care and pursuant to rules of the
Arizona Department of Health Services (DHS). (Sec. 3)
18. Requires any use of seclusion or restraint to be properly recorded in the impaired person's
medical record. (Sec. 3)
19. Stipulates that the use of any restraint or seclusion measure must be governed by written
procedures of the applicable evaluation agency and is subject to DHS rules. (Sec. 3)
20. Requires each impaired person undergoing stabilization care to receive physical care and
treatment in a manner that allows the person's family or guardian to participate in the
care and treatment, when appropriate, for the full period during which the impaired
person is detained. (Sec. 3)
21. Directs an evaluation agency that provides care and treatment to impaired persons to
keep a clinical record for each impaired person that details all medical evaluations, care
and treatment received by the impaired person. (Sec. 3)
22. Requires an evaluation agency that administers observation or inpatient stabilization
care and treatment of an impaired person, in conjunction with the community treatment
agency if applicable, and before the release of the impaired person to:
a) prepare a plan for the impaired person's care after release; and
b) provide the plan to the impaired person's guardian, if applicable. (Sec. 3)
23. Prohibits an impaired person who is undergoing a court-ordered stabilization period from
being detained for more than five calendar days after the date that the impaired person
is involuntarily admitted to the evaluation agency. (Sec. 3)
24. Permits an impaired person who is admitted for a stabilization period to be released at
any time if release is appropriate in the opinion of the chief medical officer. (Sec. 3)
25. Specifies that the chief medical officer is not civilly liable for any act committed by an
impaired person who was released if the chief medical officer in good faith has followed
the prescribed requirements for court-ordered stabilization of impaired persons. (Sec. 3) SB 1257
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26. Allows an impaired person to continue care and treatment on a voluntary basis at any
time and be provided the opportunity for voluntary admission each day. (Sec. 3)
27. Specifies that, if an impaired person who is admitted for a stabilization period is released,
the petition for court-ordered stabilization must be retained with a written statement by
the chief medical officer that states why the release was appropriate. (Sec. 3)
Attorney Duties and Financial Responsibility for Court-Ordered Stabilization
28. Requires the court to appoint counsel for the impaired person at the time of issuing an
order for stabilization. (Sec. 3)
29. Directs the attorney who is appointed to represent the impaired person to confer with the
impaired person within 24 hours of being appointed and to inform the impaired person of
their rights. (Sec. 3)
30. Instructs the appointed attorney for an impaired person who is involuntarily detained for
stabilization to inform the impaired person of the right to:
a) a hearing to determine whether the impaired person should be involuntarily detained
for stabilization; and
b) be represented by an attorney at the hearing. (Sec. 3)
31. Requires the court to schedule a hearing at its earliest opportunity if the impaired person
requests a hearing to determine whether the impaired person should be involuntarily
detained for stabilization. (Sec. 3)
32. Requires the county attorney for the county in which a petition for court-ordered
stabilization is filed by a physician or other person on behalf of an evaluation agency, to
represent the person who filed the petition or the evaluation agency in any judicial
proceeding for court-ordered stabilization and to defend all challenges to the detention of
an impaired person. (Sec. 3)
33. Directs the costs of court proceedings and services provided relating to the court-ordered
stabilization process to be charged to the Arizona Health Care Cost Containment System
or to another third-party payor, if available. (Sec. 3)
34. Prohibits an impaired person from being charged for services related to the court-ordered
stabilization treatment of the person. (Sec. 3)
35. Stipulates that the evaluation agency is not financially responsible for serving the
stabilization order and copy of the petition for court-ordered stabilization on the impaired
person. (Sec. 3)
Miscellaneous
36. Defines pertinent terms. (Sec. 3)
37. Makes conforming changes. (Sec. 1)