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ARIZONA STATE SENATE

Fifty-Seventh Legislature, Second Regular Session

 

FACT SHEET FOR H.B. 2404

 

authorized transporters

(NOW: transportation; mental health; patients)

Purpose

            Requires an authorized transporter to apprehend and transport persons for mental health services and prohibits a peace officer from transporting persons for mental health services, except as specified.

Background

            When a court, a person, an evaluation agency or a mental health treatment agency is allowed to authorize, request or order the apprehension and transportation of a patient or proposed patient by a peace officer to an evaluation or mental health treatment agency for a court-ordered evaluation or treatment, the court, person or agency may authorize the apprehension and transportation by an authorized transporter if available in the city, town or county and if there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported by an authorized transporter without the assistance of a peace officer (A.R.S.
§ 36-503.02
).

            An authorized transporter is a transportation entity that is contracted with a city, town or county to provide mental health services and is either: 1) an ambulance service that holds a valid certificate of necessity; or 2) a transportation provider authorized by the state to provide safe behavioral health transportation for individuals requiring transportation for mental health services (A.R.S. § 36-501).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires an authorized transporter to conduct any apprehension and transport of a patient or proposed patient.

2.   Prohibits, beginning July 1, 2027, a peace officer from conducting the 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, a person or an evaluation or mental health treatment agency has reasonable grounds to believe that the patient or proposed patient cannot be safely apprehended without the assistance of a peace officer; or

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

3.   Specifies that the prohibition is notwithstanding any other law to the contrary.

4.   Becomes effective on the general effective date.

House Action

HHS                2/16/26     DPA/SE    10-1-1-0

3rd Read          3/4/26                         53-0-6-0-1

Prepared by Senate Research

March 16, 2026

KJA/KM/hk