Second Regular Session S.B. 1195
COMMITTEE ON HEALTH AND HUMAN SERVICES
SENATE AMENDMENTS TO S.B. 1195
(Reference to printed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 36-501, Arizona Revised Statutes, is amended to read:
36-501. 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 screening agency or evaluation agency by the person in charge of the evaluation agency.
3. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital.
4. "Contraindicated" means that access is reasonably likely to endanger the life or physical safety of the patient or another person.
5. "Court" means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission psychiatric hospitalization under this title.
6. "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.
7. "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.
8. "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.
9. "Department" means the department of health services.
10. "Detention" means the taking into custody of a patient or proposed patient.
11. "Director" means the director of the administration.
12. "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 not less than at least the following:
(i) Two licensed physicians, who shall be are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and 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, shall be 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.
13. "Evaluation agency" means a health care agency that is licensed by the department and that has been approved pursuant to this title, providing to provide those services required of such the agency by this chapter.
14. "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.
15. "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.
16. "Health care decision maker" has the same meaning prescribed in section 12‑2801.
17. "Health care entity" means a health care provider, the department, the administration or a regional behavioral health authority under contract with the administration.
18. "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.
19. "Independent evaluator" means a licensed physician, psychiatric and mental health nurse practitioner or psychologist selected by the person to be evaluated or by such the person's attorney.
20. "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.
21. "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.
22. "Licensed physician" means any medical doctor or doctor of osteopathy osteopathic medicine 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.
23. "Medical director of an evaluation agency" means the medical director of a screening agency, evaluation agency or mental health treatment agency who is a psychiatrist, or other licensed physician experienced in psychiatric matters, and 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.
24. "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.
24. "Medically ready for discharge" means that, notwithstanding concerns that a person may have a mental disorder and is in need of screening, evaluation or treatment pursuant to this chapter, the person's medical condition is such that the person may be safely discharged from the hospital.
25. "Mental disorder" means a substantial disorder of the person's emotional processes, thought, cognition or memory. Mental disorder is distinguished from:
(a) Conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless, in addition to one or more of these conditions, the person has a mental disorder.
(b) The declining mental abilities that directly accompany impending death.
(c) 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.
26. "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.
27. "Mental health treatment agency" means the state hospital or a health care agency that is licensed by the department and that provides those services that are required of the agency by this chapter.
28. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization.
29. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization.
30. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter.
31. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns.
32. "Persistent or acute disability" means a severe mental disorder that meets all of the following criteria:
(a) 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 that significantly impairs judgment, reason, behavior or capacity to recognize reality.
(b) 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.
(c) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.
33. "Prepetition screening" means the review of each application requesting court‑ordered evaluation, including an investigation of facts alleged in such 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.
34. 33. "Prescribed form" means a form established by a court or the rules of the administration in accordance with the laws of this state.
35. 34. "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.
36. 35. "Proposed patient" means a person for whom an application for evaluation has been made or a petition for court‑ordered evaluation has been filed.
37. 36. "Prosecuting agency" means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter.
38. 37. "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 Arizona state board of nursing.
39. 38. "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.
40. 39. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and who is experienced in the practice of clinical psychology.
41. 40. "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.
42. 41. "Regional behavioral health authority" has the same meaning prescribed in section 36‑3401.
42. "Screening" means the review of each application requesting screening that includes the following:
(a) An investigation of the facts alleged in the application.
(b) An interview with each applicant.
(c) If possible, an interview with the proposed patient to assess the problem, explain the application and, if indicated, attempt to persuade the proposed patient to receive screening, evaluation or other services on a voluntary basis.
43. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of such the agency by this chapter.
44. "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.
45. "State hospital" means the Arizona state hospital.
46. "Superintendent" means the superintendent of the state hospital.
Sec. 2. Section 36-520, Arizona Revised Statutes, is amended to read:
36-520. Application for screening; definition
A. Any responsible individual may 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 shall be made in the prescribed form and manner as adopted by the director.
B. The application for evaluation screening shall be presented to a screening agency and include all of the following data, if known:
1. The name, and address if known, of the proposed patient for whom evaluation screening is applied requested.
2. The proposed patient's age, date of birth, sex, race, marital status, occupation, social security number, present location, and dates and places of previous hospitalizations. ,
3. The names and addresses of the proposed patient's guardian, agent under a health care or mental health care power of attorney, spouse, next of kin and significant other persons. And
4. Other data that the director may require on the form to whatever extent that this data is known and is applicable to the proposed patient.
5. A statement of relevant history of the proposed patient's mental health treatment and compliance with treatment to the extent known by the applicant.
6. Copies of all documents relating to guardianship or powers of attorney that allow consent to inpatient psychiatric treatment, if available at the time of the application.
3. 7. The applicant's name, address and relationship of to the person who is applying for the evaluation proposed patient.
4. 8. A statement that the proposed patient is believed to be, as a result of exhibiting behaviors that may be consistent with a mental disorder, and is believed to be a danger to self or to others or to be a patient person with a persistent or acute disability or a grave disability and the facts on which this statement is based.
5. 9. A statement that the applicant believes that the proposed patient:
(a) Is in need of screening, evaluation, supervision, care and treatment and the facts on which this statement is based.
(b) Is likely to cause or endure serious physical harm or injury without a period of inpatient observation, stabilization and assessment or emergency psychiatric hospitalization and the facts supporting this statement.
10. The names and contact information of persons other than the applicant who have witnessed the behavior exhibited by the proposed patient on which the application is based. The screening agency may not deny or refuse to process an application because no other witnesses are identified.
C. The application shall be signed and notarized. For an application made by a peace officer or a health care provider who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 or title 32, chapter 33, article 5 or 6, the original signature of the applicant on a copy of the application is acceptable, does not have to be notarized and may be submitted as the written application.
D. The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall immediately note on the front of the application the time and date of receipt and shall log this information in a record of applications received by the screening agency. The screening agency shall act as prescribed in section 36‑521 within forty‑eight hours of the filing of after receiving the application, excluding weekends and holidays. If the application is not acted upon on within forty‑eight hours, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee.
E. If the applicant for the court‑ordered evaluation screening presents the person to be evaluated screened at the screening agency, the agency shall conduct a prepetition screening an appropriate examination and perform the screening. Except in the case of an emergency evaluation Unless a certificate of hold has been issued pursuant to section 36‑521.02 or an application for emergency psychiatric hospitalization pursuant to section 36‑524 or 36‑524.01 has been accepted, the person to be evaluated screened shall not be detained or forced to undergo prepetition screening against the person's will.
F. If the applicant for the court‑ordered evaluation screening does not present the person to be evaluated screened at the screening agency, the agency shall conduct the prepetition screening at the home of the person to be evaluated or at any other place the person to be evaluated is found. If prepetition screening is not possible, the screening agency shall proceed as prescribed in section 36‑521, subsection B.
G. If the applicant is a hospital and the attending physician has good cause to believe that the person is, as a result of mental disorder, a danger to self or to others or is a person with a grave disability, the hospital may hold the person for up to two hours for the purpose of preparing and submitting to a screening agency or evaluating agency the appropriate application consistent with this chapter.
H. If the person to be screened is located at a hospital, a screening agency may perform the screening and examination at the hospital in person by a mental health provider or by telemedicine if the hospital and the screening agency have the personnel or equipment to do so. All screenings conducted while the person is located at a hospital shall be preceded by providing to the person a written and oral statement that the screener is not affiliated with the hospital and is not providing medical services to the person.
G. I. If a person is being treated by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner of that church or denomination, such the person may not be ordered evaluated, detained or involuntarily treated unless the court has determined that the person is, as a result of mental disorder, a danger to others or to self.
H. J. Court‑ordered evaluation or treatment pursuant to this chapter does not operate to change the legal residence of a patient.
I. K. If the application is not acted on because it has been determined that the proposed patient does not need an a screening or evaluation, the agency after a period of six months shall destroy the application and any other evidence of the application.
J. L. For the purposes of this section, "person" includes a person who:
1. Is under eighteen years of age.
2. Has been transferred to the criminal division of the superior court pursuant to section 8‑327 or who has been charged with an offense pursuant to section 13‑501.
3. Is under the supervision of an adult probation department.
Sec. 3. Section 36-521, Arizona Revised Statutes, is amended to read:
36-521. Preparation of petition for court‑ordered evaluation
A. On receiving the application for evaluation screening, the screening agency, before filing a petition for court‑ordered evaluation, shall provide prepetition screening within forty‑eight hours, excluding weekends and holidays, when possible to determine whether there is reasonable cause to believe the allegations of the applicant for the court‑ordered evaluation, whether the person will voluntarily receive evaluation at a scheduled time and place and whether the person has a persistent or acute disability or a grave disability or is likely to present a danger to self or to others until the voluntary evaluation as a result of a mental disorder, whether the person is in need of treatment or stabilization and whether the person will undergo voluntary evaluation at a scheduled time and place.
B. After prepetition screening has been completed, the screening agency shall prepare a report of opinions and conclusions. If prepetition screening is not possible, the screening agency shall prepare a report giving reasons why the screening was not possible and including opinions and conclusions of staff members who attempted to conduct prepetition screening or otherwise investigated the matter.
C. If the prepetition screening report indicates agency determines that there exists no reasonable cause to believe the allegations of the applicant for the court‑ordered evaluation, it shall the application is to be denied, the denial must first be reviewed and approved by the medical director of the screening agency or the medical director's designee.
D. If, based on the allegations of the applicant for the court‑ordered evaluation and the prepetition screening report or other information obtained while attempting to conduct a prepetition screening, the agency determines that there is reasonable cause to believe that the proposed patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and that the proposed patient is unable or unwilling to voluntarily receive evaluation or is likely to present a danger to self or to others, has a grave disability or will further deteriorate before receiving a voluntary evaluation, the agency shall prepare a petition for court‑ordered evaluation and shall file the petition, which shall be signed by the person who prepared the petition unless the county attorney performs these functions. If the agency determines that there is reasonable cause to believe that the person is in such a condition that without immediate hospitalization he is likely to harm himself or others, the agency shall take all reasonable steps to procure such hospitalization on an emergency basis.
D. On review of the application for screening, the screening report and other information obtained while attempting to conduct a screening, the following options shall be available to the screening agency:
1. If the screening agency determines that:
(a) The proposed patient does not currently meet the criteria for court‑ordered evaluation, the screening agency may deny the application. On determination that the application is denied, the screening agency shall immediately issue a written denial. If the applicant is a hospital, the written denial shall set forth the reasons the application is being denied and immediately give a copy of the denial to the hospital and the proposed patient. if the application for screening was not from a hospital, the reasons for the denial may be provided to the applicant to the extent that providing an explanation for the denial does not conflict with state or federal laws protecting patient privacy. A denial shall be on a form prescribed by the director.
(b) The proposed patient does not currently meet the criteria for court‑ordered evaluation but that there are reasonable grounds to believe that the proposed patient has a mental disorder, is in need of further evaluation or treatment and is able and willing to pursue and take advantage of further private or public evaluation or treatment services available in the community, the screening agency shall recommend specific evaluation or treatment services and shall make a direct referral to a person, agency or organization providing behavioral health services in the proposed patient's area. the proposed patient may choose to voluntarily receive the services that are offered by the screening agency and for which the proposed patient is eligible on either an inpatient or outpatient basis.
(c) The proposed patient is in need of an evaluation and is capable of consenting to and will undergo voluntary evaluation and is unlikely to present a danger to self or to others pending the voluntary evaluation, a voluntary evaluation may be performed as directed by the screening agency pursuant to section 36‑522.
(d) There is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or to others or has a grave disability and is unwilling or unable to be voluntarily evaluated and that during the time necessary to complete the screening procedures set forth in section 36‑520 and this section the proposed patient is likely without emergency psychiatric hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm on another person, the screening agency may seek emergency psychiatric hospitalization in an evaluation agency pursuant to section 36‑524.
(e) There is reasonable cause to believe that the proposed patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and that the proposed patient is unable or unwilling to voluntarily receive evaluation, the agency shall prepare a petition for court‑ordered evaluation and shall file the petition with the court. the petition for court‑ordered evaluation shall be signed by the person who prepared the petition unless the county attorney performs these functions.
2. If the admitting officer of the screening agency determines that the criteria for inpatient assessment, observation and stabilization as set forth in section 36‑521.01, subsection A are met, the screening agency shall take steps to secure the admission of the proposed patient to the screening agency for the purposes of section 36‑521.01.
E. The screening agency may contact the county attorney in order to obtain assistance in preparing the petition for court‑ordered evaluation, and the screening agency may request the advice and judgment of the county attorney in reaching a decision as to whether the court‑ordered evaluation is justified.
F. The county attorney may prepare or sign or file the petition if a court has ordered the county attorney to prepare the petition.
G. If a petition for court‑ordered evaluation alleges danger to others as described in section 36‑501, the screening agency, before filing such a petition, shall contact the county attorney for a review of the petition. The county attorney shall examine the petition and make one of the following written recommendations:
1. That a criminal investigation is warranted.
2. That the screening agency shall file the petition.
3. That no further proceedings are warranted. The screening agency shall consider the recommendation in determining whether a court‑ordered evaluation is justified and shall include the recommendation with the petition if the screening agency decides to file the petition with the court.
H. The petition shall be made in the form and manner prescribed by the director.
I. If a petition for court‑ordered evaluation is filed by a prosecutor pursuant to section 13‑4517, a prior application for court‑ordered evaluation or prescreening is not necessary.
Sec. 4. Title 36, chapter 5, article 4, Arizona Revised Statutes, is amended by adding sections 36-521.01 and 36‑521.02, to read:
36-521.01. Issuance of certificate of hold; inpatient screening; requirements
A. The admitting officer of a screening agency that has a facility equipped and licensed for performing assessment, observation and stabilization services in the facility may issue a written certificate of hold if, based on the allegations in the application for screening, the information contained in any screening report and any information obtained or observations made during the screening process, the admitting officer determines that there is a reasonable cause to believe that all of the following exist:
1. The proposed patient is, as a result of mental disorder, a danger to self or to others or has a grave disability.
2. without a period of inpatient observation, stabilization and assessment, the proposed patient is likely to suffer or cause serious physical harm or illness.
3. The proposed patient is unable or unwilling to voluntarily receive inpatient observation, stabilization and assessment.
B. For the purposes of this section, a certificate of hold may be issued if a proposed patient's behaviors are consistent with a mental disorder even though it cannot be determined, without a period of inpatient observation, stabilization and assessment, whether the behaviors are primarily a result of a mental disorder or are substance‑induced.
C. If a certificate of hold is issued, the admitting officer shall immediately hold the proposed patient for inpatient screening if the proposed patient is then present at the screening agency. If the proposed patient is not then present at the screening agency, the admitting officer shall cause the proposed patient to be immediately detained and transported pursuant to section 36‑525 to the screening agency for inpatient screening.
D. The certificate of hold shall include a summary of the facts and medical opinion on which the admitting officer relied to form the basis for the issuance of the certificate. On admission, the person shall be given a copy of the certificate of hold.
E. The screening agency shall note on the front of the certificate of hold the time and date of the issuance of the certificate and the time and date of the detention and shall log this information into a record of applications received by the screening agency.
F. On the same day or the next court day, the admitting officer shall file a copy of the certificate of hold, together with a copy of the application for screening and a copy of any screening report, with the superior court in the county in which the person is held for screening.
G. The maximum contiguous period that a person may be involuntarily held pursuant to this section is forty‑eight hours, excluding weekends and holidays. The forty-eight‑hour period shall begin on the arrival of the person at the screening agency pursuant to the issuance of the certificate of hold.
H. A person must be admitted pursuant to a certificate of hold within fourteen days after the certificate is issued or the certificate expires.
I. On admission to the screening agency pursuant to a certificate of hold, the person shall be examined and the screening agency shall offer the person treatment and perform observation, stabilization and assessment procedures necessary to provide an opportunity to restore the person being screened to a level of functioning reasonably likely to avoid emergency psychiatric hospitalization for further evaluation or treatment. The screening agency shall diligently seek alternatives to court‑ordered involuntary confinement for evaluation or treatment and provide counseling to the person and the person's family. Alternatives to involuntary court‑ordered confinement for evaluation or treatment include an investigation as to whether the person has a court‑appointed guardian with inpatient authority or an agent under a power of attorney who has authority to consent to further evaluation or treatment available to the person in the community and whether such evaluation or treatment would likely be sufficient to meet the person's immediate needs and prevent further deterioration of the person's condition so as not to cause harm to the person or others.
J. Not later than the expiration of the forty‑eight‑hour period after the admission of the patient to a screening agency pursuant to a certificate of hold, excluding weekends and holidays, the medical director in charge of the screening agency shall file a petition for a court‑ordered evaluation unless the person has been discharged or has become a voluntary patient. The petition need not comply with the provisions of this chapter requiring preparation and filing of a screening report, but the petition shall meet all other requirements, shall be accompanied by the certificate of hold, the application for screening and any screening report and shall seek an appropriate order pursuant to section 36‑529. A person who is held pursuant to a certificate of hold may not be subsequently admitted to an evaluation agency on an application for emergency psychiatric hospitalization and may be admitted for evaluation only pursuant to section 36‑529, unless there has been an intervening period of release from the certificate of hold or the discharge.
K. If the medical director in charge of the screening agency or its admitting officer determines that a petition for court‑ordered evaluation is unnecessary, the agency shall file with the superior court a notice of discharge advising the court of the disposition of the matter.
36-521.02. Application for screening from a hospital
A. If the application for screening involves a person who is currently admitted to or located at a hospital as a patient, and the application requests that the patient receive either inpatient screening or emergency psychiatric hospitalization, within two hours after receiving the application the admitting officer of the screening agency shall review the application, and if the admitting officer determines it to be appropriate, shall speak with the applicant, the patient, to the extent possible, and the hospital personnel directly involved with the patient. If the admitting officer of the screening agency has reasonable cause to believe that a certificate of hold is necessary, the admitting officer, within two hours after receiving the application, shall do one of the following:
1. Advise the hospital that the application has been accepted and that the certificate of hold has been issued and, within six hours, cause the patient to be transported from the hospital to the screening agency.
2. Immediately cause the patient to be detained and transported pursuant to section 36-525 to the screening agency for inpatient screening.
3. If the admitting officer of the screening agency finds reasonable grounds to believe that the patient requires emergency psychiatric hospitalization in an evaluation agency, immediately file or facilitate the filing of an application for emergency psychiatric hospitalization pursuant to section 36‑524.
B. A patient may be involuntarily detained in a hospital or emergency department for the time necessary for a determination to be made on the application for screening and for the patient to be transported as set forth in this section.
C. If a person who is the subject of a certificate of hold is a patient in a hospital at the time of the issuance of the certificate and the person is medically ready for discharge from the hospital, the person may be held involuntarily at the hospital only for the length of time necessary to transport the person to the screening agency after the certificate of hold is issued.
D. If a person who is the subject of a certificate of hold is a patient in a hospital at the time of the issuance of the certificate and the person is not medically ready for discharge from the hospital at the time the certificate of hold is issued, the person may not be taken into custody pursuant to the certificate of hold until the hospital confirms that the person is medically ready for discharge. The person may be detained at the hospital pursuant to the certificate until medically ready for discharge. After the person is confirmed medically ready for discharge, the person may be held involuntarily at the hospital only for the length of time necessary to transport the person to the screening agency.
E. If the admitting officer of the screening agency determines, after doctor-to-doctor consultation with the patient's attending physician or other physician at the hospital who is responsible for the patient, that the patient does not require inpatient screening or emergency psychiatric hospitalization, the admitting officer shall immediately advise the hospital that the application is denied. The admitting officer shall issue a written statement as to the specific bases of the denial and shall immediately transmit the written denial to the hospital.
F. On the hospital's receipt of the written denial from the screening agency, the person may no longer be detained in the hospital for reasons related to the procedures for court‑ordered screening or evaluation pursuant to this article and shall be discharged absent reasons of medical necessity.
G. The admitting officer of the screening agency shall make a determination based on the information presented pursuant to section 36‑520 and subsections A and D of this section and may not deny an application based on the possibility that there may be causes for the alleged behavior that have not yet been ruled out by additional medical testing.
Sec. 5. Section 36-522, Arizona Revised Statutes, is amended to read:
36-522. Voluntary evaluation
A. If the petition for court‑ordered evaluation is not filed because it has been determined that the proposed patient is capable of consenting to and will voluntarily receive an evaluation and is unlikely to present a danger to self or to others until pending the voluntary evaluation, the evaluation agency provided for by the county, or selected by the proposed patient, shall be immediately notified and shall provide evaluation of the proposed patient at a scheduled time and place within five days of the notice a voluntary evaluation may be performed. The evaluation may be performed by an evaluation agency provided for by the county or by a private mental health provider or mental health treatment agency that is licensed to perform such evaluations and that is selected by the proposed patient if the provider or agency accepts the proposed patient's insurance or the proposed patient is able to pay privately. The evaluation agency shall be immediately notified and shall provide the evaluation of the proposed patient at a scheduled time and place within five days after the notice. The voluntary evaluation may be on an inpatient or outpatient basis. The screening agency shall direct the proposed patient in writing, on a form prescribed by the director, to submit to an evaluation at the designated time and place and shall further advise the proposed patient that if the proposed patient does not or cannot so submit, and the screening agency has reasonable cause to believe that the proposed patient is a danger to self or a danger to others or has a grave disability, and is likely to further deteriorate without further screening, evaluation or treatment, the proposed patient may be taken into custody by a peace officer and delivered to a screening agency or evaluation agency for further screening or evaluation pursuant to this chapter.
B. Voluntary inpatient evaluation is subject to article 3 of this chapter.
B. The screening agency shall subsequently contact the evaluation agency to which the proposed patient was directed in subsection A of this section to determine whether the proposed patient participated in the evaluation as scheduled and to discuss the results of the evaluation. If the proposed patient fails to participate in the evaluation as scheduled, or the evaluation confirms that the proposed patient is likely to need court‑ordered treatment pursuant to this article, the screening agency may submit a petition for court‑ordered evaluation pursuant to section 36‑521.
C. Voluntary inpatient evaluation is subject to article 3 of this chapter. Voluntary outpatient evaluation shall conform is subject to the requirements of section 36‑530, subsection D and section 36‑531, subsections B, C and D. and Voluntary evaluation shall proceed only after the person to be evaluated has given consent to be evaluated by signing a form prescribed by the director that includes information to an acknowledgement by the proposed patient that the patient‑physician privilege does not apply and that the evaluation may result in a petition for the person to undergo court‑ordered treatment or for guardianship. Voluntary evaluation may be carried out only if chosen by the patient during the course of a prepetition screening after an application for evaluation has been made. Informed consent for inpatient evaluation may be granted by the proposed patient or by the proposed patient's court‑appointed guardian with inpatient authority or designated agent under a power of attorney that includes authority to consent to inpatient evaluation or treatment. Informed consent for outpatient evaluation may be granted by the proposed patient or by the proposed patient's court‑appointed guardian or designated agent under a power of attorney that includes authority to consent to evaluation or treatment.
Sec. 6. Section 36-523, Arizona Revised Statutes, is amended to read:
36-523. Petition for court‑ordered evaluation
A. The petition for court‑ordered evaluation shall contain the following:
1. The name, address and interest in the case of the individual who applied for the petition.
2. The name, and address if known, of the proposed patient for whom evaluation is petitioned.
3. The present whereabouts of the proposed patient, if known.
4. A statement alleging that there is reasonable cause to believe that the proposed patient has a mental disorder and is as a result a danger to self or to others, has a persistent or acute disability or a grave disability and is unwilling or unable to undergo voluntary evaluation.
5. A summary of the facts that support the allegations that the proposed patient is dangerous, has a persistent or acute disability or a grave disability and is unwilling or unable to be voluntarily evaluated, including the facts that brought the proposed patient to the screening agency's attention.
6. The names and contact information of any persons known who are acquainted with the proposed patient and who witnessed the behavior exhibited by the proposed patient on which the petition is based. The agency may not decline to process a petition for court‑ordered evaluation because no witnesses acquainted with the proposed patient are identified.
6. 7. If the petition is filed by a prosecutor pursuant to section 13‑4517, the petition shall include any known criminal history of the proposed patient, including whether the proposed patient has ever been found incompetent to stand trial pursuant to section 13‑4510.
7. 8. Other information that the director by rule or the court by rule or order may require.
B. The petition shall request that the court issue an order requiring that the proposed patient be given an evaluation and shall advise the court of both of the following:
1. That the opinion of the petitioner is either that the proposed patient is or is not in such a condition that without immediate or continuing hospitalization the proposed patient is likely to suffer serious physical harm or further deterioration or inflict serious physical harm on another person.
2. If the opinion of the petitioner is that the proposed patient is not in the condition described in paragraph 1 of this subsection, that the opinion of the petitioner is either that the evaluation should or should not take place on an outpatient basis.
C. The petition for court‑ordered evaluation shall be accompanied by the application for evaluation screening, by any certificate of hold issued, by the recommendation of the county attorney pursuant to section 36‑521 and by a prepetition any screening report, unless the documents have not been prepared under a provision of law or in accordance with an order of the court. The petition for court‑ordered evaluation shall also be accompanied by a copy of the application for emergency admission psychiatric hospitalization pursuant to section 36‑524, if one exists.
D. A petition and other forms required in a court may be filed only by the screening agency or evaluation agency that has prepared the petition or by the county attorney pursuant to section 36‑521.
E. If the petition is not filed because it has been determined that the person does not need an a court‑ordered evaluation, the agency after a period of six months shall destroy the petition and the various reports annexed to the petition as required by this section.
F. If the petition is not filed because it has been determined that the person does not need an a court‑ordered evaluation and a prosecutor filed a petition pursuant to section 13‑4517, the person shall be remanded for a disposition pursuant to section 13‑4517. If the person is out of custody, the court may order that the person be taken into custody for a disposition pursuant to this section.
Sec. 7. Section 36-524, Arizona Revised Statutes, is amended to read:
36-524. Application for emergency psychiatric hospitalization; requirements
A. A written application for emergency admission psychiatric hospitalization shall be made to an evaluation agency before a person may be hospitalized in the evaluation agency.
B. The application for emergency admission psychiatric hospitalization 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 made 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 has a mental disorder, a danger to self or others, 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 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. A summary of the facts and data, including observations of persons who witnessed the statements or behaviors that support the assertion that the person is suffering from a mental disorder and is unable or unwilling to undergo voluntary evaluation.
4. 5. The signature of the applicant.
D. A telephonic application may be made no not 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 peace officer or by a health care provider who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 or title 32, chapter 33, article 5 or 6, 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. An application may be granted if the admitting officer determines there are reasonable grounds to believe that the person has a mental disorder and is unwilling or unable to undergo voluntary evaluation and that, during the time necessary to complete the 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.
E. F. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based upon on review of the written or telephonic application and conversation with the applicant and peace officer involved, has reasonable cause to believe that an emergency examination psychiatric hospitalization 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.
Sec. 8. Title 36, chapter 5, article 4, Arizona Revised Statutes, is amended by adding section 36-524.01, to read:
36-524.01. Application for emergency psychiatric hospitalization from a hospital
A. If a written or telephonic application for emergency psychiatric hospitalization involves a patient who is currently admitted to or located at a hospital as an emergency patient or otherwise, within two hours after receiving the application the admitting officer shall review the application and make a determination as set forth in section 36‑524, subsection E. If the admitting officer determines that emergency psychiatric hospitalization is necessary, the admitting officer shall immediately advise the hospital that the application has been accepted and, within six hours, the admitting officer shall cause the patient to be transported from the hospital to the evaluation agency or shall cause the examination required on emergency psychiatric hospitalization as set forth in section 36‑526 to be performed by a mental health provider in person at the hospital where the person is a patient or by telemedicine if the hospital and the evaluation agency have the necessary personnel and equipment. A patient may be involuntarily detained in a hospital or emergency room for the length of time necessary for a determination to be made on the application for emergency admission and to transport the patient for emergency psychiatric hospitalization as set forth in this subsection.
B. If a proposed patient is not medically ready for discharge from the hospital at the time the application is granted, the proposed patient may not be transported to the evaluation agency until the hospital confirms that the proposed patient is medically ready for discharge from the hospital. The proposed patient may be detained at the hospital until medically ready for discharge. After the proposed patient is confirmed medically ready for discharge, the proposed patient may be held involuntarily at the hospital only for the length of time necessary to transport the person to the evaluating agency.
C. If the admitting officer determines, after doctor‑to‑doctor consultation with the proposed patient's attending physician or other physician at the hospital who is responsible for the proposed patient, that the proposed patient does not require emergency psychiatric hospitalization, the admitting officer shall immediately advise the hospital that the application is denied. The admitting officer of the evaluating agency shall issue a written statement as to the specific bases of the denial and shall immediately transmit the written denial to the hospital.
D. On receipt of the written denial from the evaluating agency, the person may no longer be detained in the hospital for reasons related to the procedures for court-ordered screening or evaluation pursuant to this article and shall be discharged absent reasons of medical necessity.
Sec. 9. Section 36-525, Arizona Revised Statutes, is amended to read:
36-525. Apprehension and transportation by peace officers; immunity
A. A peace officer, on the advice of the admitting officer of a screening agency pursuant to section 36‑521.01 or the admitting officer of the an evaluation agency pursuant to section 36‑524, subsection E F, shall apprehend and transport a person to a screening agency or an evaluation agency.
B. In those instances in which If the procedures set forth in section 36‑521.01 or 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 to 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 emergency psychiatric hospitalization or further inpatient screening 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 screening 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.
C. If apprehension takes place on or about the premises of the apprehended person, the officer shall take reasonable precautions to safeguard the premises and the property thereon, unless such property and premises are in the possession of a responsible relative or guardian.
D. A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability.
Sec. 10. Section 36-526, Arizona Revised Statutes, is amended to read:
36-526. Emergency psychiatric hospitalization; examination; petition for court‑ordered evaluation
A. On presentation admission of the person for emergency admission psychiatric hospitalization pursuant to an application granted pursuant to section 36‑524, an admitting officer of an evaluation agency shall perform an examination of the person's psychiatric and physical condition and may admit the person to the evaluation agency as an emergency patient if the admitting officer finds, as a result of the examination and investigation of the application for emergency admission psychiatric hospitalization, that there is reasonable cause to believe that the person, as a result of a mental disorder, is a danger to self or to 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 to inflict serious physical harm on another person. If a person is hospitalized pursuant to this section, the admitting officer may notify a screening agency and seek its assistance or guidance in developing alternatives to involuntary confinement and in counseling the person and his the person's family.
B. On the same or a succeeding the next court day, the medical director in charge of the agency shall file a petition for a court‑ordered evaluation, unless the person has been discharged or has become a voluntary patient. The petition need not comply with the provisions of this chapter requiring preparation and filing of a prepetition screening report but shall meet all other requirements and shall seek an appropriate order pursuant to section 36‑529.
Sec. 11. Section 36-527, Arizona Revised Statutes, is amended to read:
36-527. Discharge and release; relief from civil liability
A. The maximum contiguous period that a person may be involuntarily held pursuant to a certificate of hold is forty‑eight hours, excluding weekends and holidays. The forty‑eight‑hour period shall begin on the arrival of the person at the screening agency pursuant to the certificate of hold.
A. B. A person taken into custody who is admitted for emergency admission psychiatric hospitalization may not be detained longer than twenty‑four hours excluding weekends and holidays following such detention the admission unless a petition for court‑ordered evaluation is filed.
B. C. A person who is admitted for emergency evaluation inpatient observation, stabilization and assessment pursuant to section 36‑521.02 or for emergency psychiatric hospitalization pursuant to section 36‑524 may be released at any time if, in the opinion of the medical director in charge of the screening agency or evaluation agency, release is appropriate. The medical director shall not be held civilly liable for any acts committed by a released patient if the medical director has in good faith followed the requirements of this article. The patient may continue care and treatment in the screening agency or evaluation agency if he the patient signs a voluntary application or consent to further treatment or if the application or consent is signed by the patient's court‑appointed guardian with inpatient authority or agent under a power of attorney who has authority to consent to such treatment.
D. Unless it is established that the requirements of this article have not been complied with in good faith, a hospital and its agents, employees, contracted providers and medical professionals may not be held civilly liable for any period of involuntary detention or the discharge of any person in accordance with this article or for any act committed by a person who is released from the hospital in accordance with this article.
E. The admitting officer of a screening agency or evaluation agency may not be held civilly liable for any act 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 article.
Sec. 12. Title 36, chapter 5, article 4, Arizona Revised Statutes, is amended by adding section 36-527.01, to read:
36-527.01. Transfer from hospitals; complex medical patients; procedures; emergency hearing
A. Each screening agency and evaluation agency shall compile and maintain a list of medical conditions and treatments that cannot be properly provided for in the agency. This list shall be provided to local hospitals, be publicly accessible and be updated at least annually. If a patient requires a treatment that cannot be properly provided by the screening agency or evaluation agency or has a condition on the list, the patient may be held at the hospital until a hearing is held and an order is issued pursuant to subsection F of this section.
B. If the admitting officer of a screening agency or evaluation agency believes that the patient in the hospital has a condition or requires a treatment that is not on the list but that cannot be properly provided for by the agency, the physician at the screening agency or evaluation agency shall consult with the treating physician at the hospital to determine whether the proposed patient may be transferred to and treated in the screening agency or evaluation agency during the period required for screening or court‑ordered evaluation and any hearing on a petition for court‑ordered treatment.
C. If the physician at the receiving agency and the treating physician at the hospital cannot agree on a transport plan or treatment plan, the medical directors of both facilities shall consult regarding the proposed patient's plan.
D. If there is still no agreement on the proposed patient's transport plan or treatment plan, the receiving agency shall provide the hospital with documentation listing the reasons the agency cannot receive and care for the patient.
E. The consultations set forth in subsections B and C of this section must occur within twenty‑four hours after receipt of the relevant application for screening or application for emergency psychiatric hospitalization.
F. If the proposed patient is not able to be transported to a screening agency or placed in an evaluation agency for the purposes of screening or evaluation pursuant to this article because the proposed patient's medical condition is such that the patient must remain in a medical hospital for treatment, the screening agency or evaluation agency shall file a request for emergency hearing with the court. On receipt of the request, the court shall conduct a telephonic hearing on the next court day. If the court determines At the hearing that the medical condition of the person is such that compliance with the duties and time frames set forth in this article is not practicable, the court shall issue orders directing how and where to evaluate the proposed patient for the purposes of this section and further specifying time frames and any special procedures necessary to ensure that the evaluation and any resulting hearing on a petition for court‑ordered treatment are accomplished in the shortest length of time reasonably necessary.
Sec. 13. Section 36-528, Arizona Revised Statutes, is amended to read:
36-528. Emergency patients; duties of agency; notification of guardian or family member; right to counsel
A. A person detained under emergency detention who is admitted to a screening agency or evaluation agency pursuant to section 36‑521.01 or 36‑524 shall be offered treatment for his the person's mental disorder to which he may consent the person consents. The person shall not be treated for his a mental disorder without his the person's express consent, or unless consent to further treatment is signed by the patient's court‑appointed guardian with inpatient authority or agent under a power of attorney who has authority to consent to the treatment. except that Notwithstanding this subsection, pharmacotherapy, seclusion and mechanical or pharmacological restraints may be employed as emergency measures for the safety of the person or others pursuant to section 36‑513.
B. At the time a person is taken into custody admitted for emergency evaluation psychiatric hospitalization or for inpatient observation, stabilization and assessment pursuant to a certificate of hold, the medical director admitting officer in charge of the screening agency or evaluation agency shall, subject to the provisions of section 36‑504, shall notify the person's guardian or, if none, a member of the family other than a person who has made application for emergency evaluation, if known, of the person's presence at the agency.
C. At the earliest time possible during the evaluation, the screening agency or evaluation agency shall inquire into the need to safeguard and preserve the person's personal property or premises. If no responsible relative or guardian is in possession of the property or premises, it the agency shall proceed pursuant to the provisions of section 36‑508, subsection C.
D. The person detained in a screening agency or evaluation agency pursuant to this section shall be informed of his the person's rights as stated in this section and in article 2 of this chapter, including the right to consult an attorney. He The person shall be advised that if he the person cannot employ an attorney, the court will appoint one for him. The person shall be advised that if a petition for court‑ordered evaluation is filed, the court will appoint the person an attorney to consult with and, if he the person cannot employ his own counsel an attorney, to represent him the person.
Sec. 14. Section 36-529, Arizona Revised Statutes, is amended to read:
36-529. Order for evaluation; order for detention; hearing
A. If, from the review of the petition for court‑ordered evaluation, the court does not determine that the proposed patient is likely to present a danger to self or to others or further deteriorate before the proposed patient's hearing on court‑ordered treatment, but determines that there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability, the court shall issue an order directing the proposed patient to submit to an evaluation at a designated time and place, specifying that the evaluation will take place on an inpatient or an outpatient basis. The court may also order that, if the person does not or cannot so submit, the person be taken into custody by a peace officer and delivered to an evaluation agency. If the court makes such a conditional order, it shall also make a conditional appointment of counsel for the person to become effective when and if the person is taken into custody pursuant to this section.
B. If, from review of the petition for court‑ordered evaluation, there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and that the person requires immediate or continued hospitalization before the proposed patient's hearing on court‑ordered treatment, the court shall order the proposed patient to be taken into custody and evaluated at an evaluation agency. The court shall promptly appoint counsel for the proposed patient. If an intercounty agreement authorizes the same, the court may order that the evaluation be conducted in another county, and the superior court in the county where the evaluation is conducted shall have concurrent jurisdiction to make appropriate orders concerning the proposed patient.
C. If the person is not taken into custody or if the evaluation pursuant to the order of the court under subsection A or B of this section is not initiated within fourteen days from after the date of the order, the order and petition for evaluation shall expire. If a prosecutor filed a petition pursuant to section 13‑4517, the court and the prosecuting agency shall receive notice of the expiration of the order for evaluation. The court may enter any orders necessary for further disposition pursuant to section 13‑4517, including a pickup order directing that the person be taken into custody. This subsection does not prevent any person from initiating another court-ordered evaluation of the person pursuant to this chapter.
D. If the person is involuntarily hospitalized, the person shall be informed by the person's appointed attorney of the right to a hearing to determine whether the person should be involuntarily hospitalized for evaluation and to be represented at the hearing by an attorney. If the person requests a hearing to determine whether the person should be involuntarily hospitalized during evaluation, the court shall schedule a hearing at its first opportunity.
Sec. 15. Section 36-530, Arizona Revised Statutes, is amended to read:
36-530. Evaluation and treatment
A. A person who is admitted to an evaluation agency shall receive an evaluation as soon as possible after the court's order for evaluation and, subject to the provisions of sections 36‑512 and 36‑513 concerning the person's right to refuse treatment, receive care and treatment as required by his the person's condition for the full period that he is hospitalized of hospitalization. A clinical record shall be kept for each person which that details all medical and psychiatric evaluations and all care and treatment received by the person.
B. A person receiving an evaluation on an inpatient basis will shall remain in the facility during the evaluation, which shall be completed in less than seventy‑two hours, excluding weekends and holidays.
C. A person who is being evaluated on an outpatient basis will shall not remain in the facility overnight but will shall be examined during the usual outpatient working hours of the facility on a schedule of appointments. The evaluation will shall be completed not later than the fourth day after the first appointment, excluding Saturdays, Sundays and holidays.
D. If a person who has been directed by court order to appear for evaluation does not appear, or in the case of an outpatient evaluation does not complete the appointments scheduled, the evaluation agency shall notify the court and the person's guardian, if any, of the known facts and circumstances and, if appropriate, request that the court order the patient to be taken into custody for evaluation on an inpatient basis.
Sec. 16. Section 36-531, Arizona Revised Statutes, is amended to read:
36-531. Evaluation; possible dispositions; release
A. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released if, in the opinion of the medical director of the agency, further evaluation is not appropriate, unless the person applies for further care and treatment on a voluntary basis or consent to further treatment is signed by the patient's court‑ordered guardian with inpatient authority or agent under a power of attorney who has authority to consent to the treatment.
B. If it is determined on an evaluation of the patient's condition that the patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability, the medical director in charge of the evaluation agency that provided the evaluation, unless the person applies for further care and treatment on a voluntary basis, or consent to further treatment is signed by the patient's court‑ordered guardian with inpatient authority or agent under a power of attorney who has authority to consent to the treatment, shall prepare, sign and file a petition for court‑ordered treatment unless the county attorney performs the functions of preparing, signing or filing the petition as provided in subsection C of this section.
C. The agency may contact the county attorney to obtain assistance in preparing the petition for court‑ordered treatment, and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether court‑ordered treatment is justified.
D. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released within seventy‑two hours, excluding weekends and holidays, from after the time that the person is hospitalized pursuant to a court order for evaluation, unless the person applies for further care and treatment on a voluntary basis or consent to further treatment is signed by the patient's court‑ordered guardian with inpatient authority or agent under a power of attorney who has authority to consent to the treatment, or unless a petition for court‑ordered treatment has been filed pursuant to subsection B of this section.
E. If a prosecutor filed a petition pursuant to section 13‑4517, the medical director of an evaluation agency shall provide notice within twenty‑four hours to the court and the prosecuting agency of the medical director's intention to release the person under this section. If the person has been remanded to an evaluation agency pursuant to section 13‑4517, the evaluation agency shall detain the person for an additional twenty‑four hours to allow for the provision of any required notices. The medical director shall provide the patient's records, including medical and treatment records, to the court and the prosecuting agency.
F. The administration may conduct jointly with a school district, directly or indirectly, an educational evaluation pursuant to sections 15‑765 and 15‑766 for nonadjudicated youth. The evaluation information may be shared by and among authorized personnel employed by the administration and the department of education, or authorized personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415).
Sec. 17. Section 36-537, Arizona Revised Statutes, is amended to read:
36-537. Powers and duties of counsel
A. The medical director of the agency that conducted the evaluation, at least seventy‑two hours before the hearing, shall make available to the patient's attorney copies of the petition for evaluation, the prepetition screening report, the evaluation report, the patient's medical records for the current admission and a list of alternatives to court‑ordered treatment that are used in similar cases with an explanation of why they are not appropriate or available.
B. The patient's attorney, for all hearings, whether for evaluation or treatment, shall fulfill the following minimal duties:
1. Within twenty‑four hours of appointment, conduct an interview of the patient. The attorney shall explain to the patient the patient's rights pending court‑ordered treatment, the procedures leading to court‑ordered treatment, the standards for court‑ordered treatment, the alternative of becoming a voluntary patient and whether stipulations at the hearing are appropriate. If the attorney is appointed, the attorney also shall explain that the patient can obtain the patient's own counsel at the patient's own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney‑client conference.
2. At least twenty‑four hours before the hearing, review the petition for evaluation, prepetition screening report, evaluation report, petition for treatment, the patient's medical records and the list of alternatives to court‑ordered treatment.
3. At least twenty‑four hours before the hearing, interview the petitioner, if available, and the petitioner's supporting witnesses, if known and available.
4. At least twenty‑four hours before the hearing, interview the physicians or the psychiatric and mental health nurse practitioner who will testify at the hearing, if available, and investigate the possibility of alternatives to court‑ordered treatment.
C. Failure of the attorney to fulfill at least the duties prescribed by subsection B may be punished as contempt of court.
D. At a hearing held pursuant to this article, the patient's attorney may enter stipulations on behalf of the patient.
Sec. 18. Section 36-545.05, Arizona Revised Statutes, is amended to read:
36-545.05. Charges for treatment by agencies under administration contract; charges for screening and court‑ordered evaluation prohibited
A. When a person is given a prepetition screening, or a court‑ordered evaluation by a screening agency or evaluation agency pursuant to article 4 of this chapter, the person shall not be charged.
B. When a patient is given voluntary treatment pursuant to article 3 of this chapter or court‑ordered treatment pursuant to article 5 of this chapter, the patient or proposed patient shall pay all or such portion of the established charges as the patient can afford. If the patient is indigent, no charges shall be made against the patient."
Amend title to conform