The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 1st Regular Session, which convenes in January 2023.
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36-528 - Emergency patients; duties of agency; notification of family member; right to counsel
36-528. Emergency patients; duties of agency; notification of family member; right to counsel
A. A person detained under emergency detention shall be offered treatment for his mental disorder to which he may consent. The person shall not be treated for his mental disorder without his express consent, except that seclusion and mechanical or pharmacological restraints may be employed as emergency measures for the safety of the person or others pursuant to section 36-513.
B. At the time a person is taken into custody for emergency evaluation, the medical director in charge of the evaluation agency shall, subject to the provisions of section 36-504, notify the person's guardian or, if none, a member of the family other than a person who has made application for emergency evaluation, if known, of the person's presence at the agency.
C. At the earliest time possible during the evaluation, the agency shall inquire into the need to safeguard and preserve the person's personal property or premises. If no responsible relative or guardian is in possession of the property or premises it shall proceed pursuant to the provisions of section 36-508, subsection C.
D. The person detained shall be informed of his rights as stated in this section and in article 2 of this chapter, including the right to consult an attorney. He shall be advised that if he cannot employ an attorney, the court will appoint one for him. The person shall be advised that if a petition for evaluation is filed, the court will appoint the person an attorney to consult with and, if he cannot employ his own counsel, to represent him.