Fifty-third Legislature                                 Health and Human Services

First Regular Session                                                   S.B. 1005

 

PROPOSED AMENDMENT

SENATE AMENDMENTS TO S.B. 1005

(Reference to printed bill)

 


Strike everything after the enacting clause and insert:

"Section 1.  Section 36-524, Arizona Revised Statutes, is amended to read:

START_STATUTE36-524.  Application for emergency admission for evaluation; requirements; immunity; cause of action

A.  A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency.

B.  The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission.  The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.

C.  The application shall be upon on a prescribed form and shall include the following:

1.  A statement by the applicant that he believes on the basis of personal observation that the person is, as a result of a mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36‑520 and 36‑521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm upon on another person.

2.  The specific nature of the danger.

3.  A summary of the observations upon on which the statement of danger is based.

4.  The signature of the applicant.

D.  A telephonic application may be made no more than twenty‑four hours prior to before a written application.  A telephonic application shall be made by or in the presence of a peace officer unless the application is made by a health care provider who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care facility licensed in this state.  For an application made by a doctor or a nurse, the original signature of the applicant on a facsimile copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application.

E.  If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based upon on a review of the written or telephonic application and conversation with the applicant and peace officer, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency.  The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise be taken into custody if the admitting officer has in good faith followed the requirements of this section.

F.  If a written or telephonic application for emergency admission involves a patient who is currently admitted to or located at a medical hospital as an emergency patient or otherwise, on receipt of the application the admitting officer of the agency having the obligation to receive the patient for further emergency screening or evaluation shall immediately review the application as set forth in subsection E of this section.  If the admitting officer determines that an emergency admission is necessary, the admitting officer shall immediately advise the hospital that the application has been accepted and, within twenty‑four hours, shall cause the patient to be transported from the medical hospital to the agency that has the obligation to further screen and evaluate the patient.  If the admitting officer determines that the patient does not require an emergency examination, the admitting officer shall immediately advise the hospital that the application is denied.  On being advised that an application for emergency admission has been denied, the hospital shall discharge the patient unless the hospital is otherwise prevented from discharging the patient pursuant to federal or state law.

G.  A violation of the duties or time frames set forth in subsection F of this subsection is a violation of the patient's rights and gives the patient a cause of action pursuant to section 36‑516 against the agency that has the obligation to further screen or evaluate the patient, including a right to request attorney fees and costs. END_STATUTE

Sec. 2.  Effective date

This act is effective from and after June 30, 2018."

Amend title to conform


 

 

NANCY BARTO

 

1005BARTO

02/13/2017

12:21 PM

C: MJH