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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
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HB 2404: authorized transporters
Sponsor: Representative Willoughby, LD 13
Committee on Health & Human Services
Overview
Modifies statute relating to authorized transporters for behavioral health transports.
History
Laws 2022, Chapter 250 allows the court, an admitting officer, mental health treatment agency or evaluation agency to authorize apprehension and transportation of a proposed patient to an evaluation agency by an authorized transporter. An authorized transporter is a transportation entity that is contracted with a city, town or county to provide transportation services and is either: 1) an ambulance service that holds a valid certificate of necessity; or 2) a transportation provider authorized to provide safe behavioral health transportation for individuals that require transportation (A.R.S. § 36-501).
A peace officer may take into custody any individual the peace officer has probable cause to believe is, as a result of mental disorder, a danger to self or others, and if during the time necessary to complete the prepetition screening procedures the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. The peace officer must transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical, in which event the person must 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. If apprehension takes place on or about the premises of the apprehended person, the peace officer or the police officer must take reasonable precautions to safeguard the premises and the property on the premises, unless the property and premises are in the possession of a responsible relative or guardian (A.R.S. § 36-525).
Provisions
1. Allows the court, a person, mental health treatment agency or evaluation agency to authorize apprehension and transportation of a proposed patient to an evaluation agency by an authorized transporter. (Sec. 1)
2. Specifies that any person who provides a court, person, authorized mental health treatment agency or evaluation agency with facts and circumstances or an expressed opinion that there may be reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported to an evaluation agency or mental health treatment agency by an authorized transporter is not civilly liable for the apprehension and transportation of a proposed patient, except under acts of gross negligence. (Sec. 1)
3. Clarifies this does not require city, town or county to contract with an authorized transporter to provide apprehension and transportation services. (Sec. 1)
4. Requires an evaluation petition to contain a statement of any facts and circumstances that lead the petitioner to believe that the proposed patient may be safely transported to the evaluation agency by an authorized transporter, if available in its jurisdiction. (Sec. 2)
5. Makes a technical change. (Sec. 2)
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9. Initials AG HB 2404
10. 2/5/2026 Page 0 Health & Human Services
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