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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
mental health; hearings; audiovisual technology
Purpose
Modifies procedures related to court-ordered mental health evaluation and treatment, including the use of virtual hearings and testimony, and establishes requirements for coordination of care between mental health treatment agencies and secure behavioral health residential facilities (SBHRFs).
Background
Statute outlines processes by which individuals may, voluntarily or under court order, be evaluated, admitted and treated by designated mental health providers, including approved evaluation agencies and mental health treatment agencies. Court-ordered evaluation is a process by which two behavioral health medical professionals complete a detailed analysis of an individual to assess whether the individual is: 1) a danger to self; 2) a danger to others; 3) persistently or acutely disabled; or 4) gravely disabled. The evaluation assesses the severity of the individual’s mental or behavioral health condition and the individual’s ability to function and care for themself. If it is determined that an individual meets one of the four outlined criteria, the evaluators must submit the findings to the superior court in the county where the individual resides for judicial consideration of whether the statutory criteria for court-ordered treatment are met (A.R.S. Title 36, Chapter 5; AHCCCS).
A mental health treatment agency is: 1) the Arizona State Hospital; 2) a health care agency licensed by the Department of Health Services (DHS) that provides required services; or 3) a facility accredited by a national commission or association that provides required services (A.R.S. § 36-501).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Virtual Mental Health Hearings and Testimony
1. Allows the court, on its own motion or by request of a party, to order mental health evaluation and treatment hearings, or specified testimony by a party or witness during the hearing, to be conducted virtually by way of telephone, videoconferencing or another audiovisual technology if the Court finds that this procedure will not unfairly prejudice a party or witness.
2. Requires the court, in determining whether use of audiovisual technology is appropriate, to consider the inconvenience to or burden on a party or witness to attend the proceeding in person and the ability of all parties to be heard by other parties in attendance, including the judicial officer and, if applicable, the certified reporter or an electronic recording system.
3. Allows a person placed in an SBHRF to appear and present testimony in open court by telephone, videoconferencing or other audiovisual technology.
4. Allows the Arizona Supreme Court to adopt procedures for conducting virtual mental health hearings.
Mental Health Treatment Agencies (Retroactive to May 1, 2025)
5. Requires a mental health treatment agency that supervises a patient's court-ordered treatment and the SBHRF in which the patient is placed to coordinate the patient's care pursuant to rules adopted by DHS or as required by the Arizona Health Care Cost Containment System (AHCCCS).
6. Excludes, from the definition of mental health treatment agency, an SBHRF that provides services only to persons placed in the facility pursuant to court-ordered treatment.
Miscellaneous
7. Makes technical and conforming changes.
8. Becomes effective on the general effective date, with retroactive provisions as noted.
Amendments Adopted by the House of Representatives
1. Requires a mental health treatment agency that supervises a patient's court-ordered treatment and the SBHRF in which the patient is placed to coordinate the care pursuant to rules adopted by DHS or as required by AHCCCS.
2. Allows a person placed in an SBHRF to utilize audiovisual technology to appear and present testimony in open court.
3. Modifies the definition of mental health treatment agency.
4. Adds a retroactivity clause.
5. Makes technical and conforming changes.
Senate Action House Action
HHS 1/28/26 DP 7-0-0 HHS 3/2/26 DP 11-0-0-1
3rd Read 2/19/26 21-6-3 3rd Read 5/5/26 44-7-9
Prepared by Senate Research
May 6, 2026
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