 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
REVISED #2
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).
The Joint Legislative Budget Committee (JLBC) fiscal note estimates that, based on cost data provided by the Arizona Health Care Cost Containment System (AHCCCS), H.B. 2404 will result in increased state General Fund costs for AHCCCS of at least $345,000 annually due to increased charges for interfacility transports. JLBC is awaiting a response from the Arizona Department of Administration for the Department's perspective on associated costs (JLBC fiscal note).
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.
Revisions
· Updates the fiscal impact statement.
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
April 8, 2026
KJA/KM/hk