|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
|
|
HB 2404: authorized transporters
S/E: transportation; mental health; patients
Sponsor: Representative Willoughby, LD 13
Committee on Health & Human Services
Summary of the Strike-Everything Amendment to HB 2404
Overview
Requires, notwithstanding any other law to the contrary, inter-facility transports of proposed patients to be conducted by health care institutions, behavioral health facilities, including screening agencies, evaluation agencies, mental health treatment agencies and any other authorized transporter beginning December 31, 2026.
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. Requires, beginning December 31, 2026, inter-facility transports of proposed patients to be conducted by health care institutions, behavioral health facilities, including screening agencies, evaluation agencies, mental health treatment agencies and any other authorized transporter, notwithstanding any other law to the contrary. (Sec. 1)
2. Prohibits a peace officer from conducting an inter-facility transport unless a person requests a peace officer by dialing 911 or a similar designated telephone number for emergency calls and needs emergency assistance. (Sec. 1)
3. Defines inter-facility transport to mean transportation of a proposed patient from one licensed health care institution or behavioral health facility to another licensed health care institution or behavioral health facility. (Sec. 1)
4.
5.
6. ---------- DOCUMENT FOOTER ---------
7. Initials AG HB 2404
8. 2/5/2026 Page 0 Health & Human Services
9.
10. ---------- DOCUMENT FOOTER ---------