ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: HHS DPA/SE 10-1-1-0 | Third Read 53-0-6-0-1

HB 2404: authorized transporters

S/E: transportation; mental health; patients

Sponsor: Representative Willoughby, LD 13

House Engrossed

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. Prohibits, beginning July 1, 2027, a peace officer from conducting a transport of a person from a hospital emergency department or a locked unit of a behavioral health facility to another health care institution, an evaluation agency or a mental health treatment agency, unless:

a. the person is incarcerated;

b. a court, person, evaluation agency or mental health treatment agency has reasonable grounds to believe that the patient cannot be safely apprehended without the assistance of a peace officer; or

c. a person requests a peace officer by dialing 911 or a similar designated telephone number for emergency calls and needs emergency assistance. (Sec. 1)

2. States an authorized transported is required to conduct any apprehension and transport of a patient or proposed patient. (Sec. 1)

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6. Initials AG HB 2404

7. 2/13/2026 Page 0 House Engrossed

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