Bill Text: AZ SB1082 | 2012 | Fiftieth Legislature 2nd Regular | Engrossed
Bill Title: Alcoholism and substance abuse control
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-03-02 - Referred to House HHS Committee [SB1082 Detail]
Download: Arizona-2012-SB1082-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1082 |
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AN ACT
amending sections 36-2025, 36-2026 and 36-2029, Arizona Revised Statutes; relating to the evaluation and treatment of persons incapacitated by alcohol or substance abuse.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2025, Arizona Revised Statutes, is amended to read:
36-2025. Treatment and services for intoxicated persons and persons incapacitated by alcohol
A. An intoxicated person may come voluntarily to an approved local alcoholism reception center for emergency alcoholism treatment.
B. A person who voluntarily comes or is brought to a local alcoholism reception center and is in need of immediate medical treatment shall be referred to an approved treatment facility and shall be examined by a licensed physician as soon as possible and may be admitted as a patient or referred to another approved treatment facility or program.
C. A person who is not admitted to an approved local alcoholism reception center and who is not referred to an approved treatment facility or program and who has no funds may be taken to his the person's home by personnel at the local alcoholism reception center. If he the person has no home, the approved local alcoholism reception center personnel shall assist him the person in obtaining shelter.
D. If the patient is admitted to an approved local alcoholism reception center for initial evaluation and processing, his the reception center shall notify the patient's family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated by alcohol requests that there be no notification, his the patient's request shall be respected.
E. If the administrator in charge of the approved local alcoholism reception center determines that it is for the patient's benefit, the patient shall be encouraged to agree to assignment for further evaluation or to agree to assignment into a treatment program.
Sec. 2. Section 36-2026, Arizona Revised Statutes, is amended to read:
36-2026. Emergency admission
A. A publicly intoxicated person may be brought by a peace officer or any other person to an approved local alcoholism reception center for emergency evaluation and treatment if the intoxicated person:
1. Has threatened, attempted or inflicted physical harm on self or others, and is likely to inflict physical harm on self or others unless admitted.
2. Is incapacitated by alcohol.
B. A peace officer who has reasonable cause to believe that a person is intoxicated in a public place or a place that is open to the public and such that person is or may be a danger to self or others may transport such the person to a local alcoholism reception center. Unnecessary or unreasonable force shall not be used in transporting the person, and the person shall not be subjected to any greater restraint than is necessary to transport the person to the local alcoholism reception center.
C. A peace officer, who has reasonable cause to believe that a person is intoxicated in a public place or a place open to the public and that the person is or may be a danger to self or others and there may transport the person to the nearest available approved treatment facility if there is no responsible person immediately available to assist the intoxicated person, local alcoholism reception center available. The peace officer may transport the person to a detention facility if both of the following circumstances exist:
1. a local alcoholism reception center or other approved facility is not reasonably available in the area within ten miles or the peace officer has determined that the local alcoholism reception center or other approved facility is filled to capacity and has no further capacity at the present time to provide evaluation and treatment services to additional persons.
2. The peace officer has been informed by the governing body of the city or town or the board of supervisors of the county in which the peace officer is employed that the deputy director of the division of behavioral health has determined that such the city, town or county has made a reasonable effort to provide adequate local alcoholism reception services for persons incapacitated by alcohol or substance abuse and, based on that determination, has issued a renewable three‑month temporary waiver to allow the transportation of certain intoxicated persons in the city, town or county to detention facilities pursuant to this section. The determination may be made by the deputy director on application by the governing body of the city or town or the board of supervisors of a county.
D. An intoxicated person received or accepted by a local alcoholism reception center or detention facility shall not be subject to unnecessary or unreasonable force. The local alcoholism reception center or detention facility shall use such methods and exercise such restraint of the intoxicated person as is reasonably necessary for the safety of such person and others and consistent with the provisions of this section.
E. The administrator in charge of an approved local alcoholism reception center shall discharge any person admitted pursuant to this section not more than twenty-four forty-eight hours, excluding weekends and holidays, after the person requests to be discharged or after the administrator on advice of the medical staff determines that the grounds for admission no longer exist.
F. Any person transported to a detention facility pursuant to this section may be held in protective custody until the person is no longer intoxicated, until released to a responsible person or for a period not exceeding twelve hours, whichever occurs first.
G. Any person released from protective custody pursuant to this section may be transported at that person's request be transported to a local alcoholism reception center or approved facility for evaluation and treatment provided such facilities are available.
H. A person held in protective custody pursuant to this section is not considered to have been arrested or to have been charged with any crime and may not be fingerprinted or photographed for any reason.
Sec. 3. Section 36-2029, Arizona Revised Statutes, is amended to read:
36-2029. Funding of facilities; contracts; limitations
A. The division may use municipal, county, state and federal monies appropriated or otherwise available for the evaluation and treatment of alcoholics and intoxicated persons to assist in the establishment and maintenance of approved public or private treatment facilities. Such The monies may be expended for professional fees for services at an approved treatment facility or in contract for advancement or reimbursement of services provided at an approved treatment facility or any other appropriate manner and may be used for any purpose necessary to provide evaluation and treatment at approved treatment facilities. These monies may not be used for division salaries or any other purpose within the division but may be used for consultation to the division in the interest of approved treatment facilities.
B. A public or private treatment facility providing or intending to provide evaluation and treatment and desiring to contract with the division for the furnishing of such these services shall submit a program, plan and budget to the division on the forms and in the manner required by the division. If such a facility is approved, the division may contract with the facility for services as required and upon such on terms and conditions as the division shall require prescribes.
C. Each approved treatment facility shall provide the division with a record of all federal, state, county, city and private monies received for the previous year and an estimate of monies to be received by the facility for the following year.
D. An approved private or public treatment facility providing evaluation and treatment may receive state funding upon complying if it complies with the rules and regulations established prescribed by the division. Any such A treatment facility is not eligible for state funding until approved by the deputy director.
E. The provisions of This article shall does not be construed to place upon subject the division or the this state any to civil liability for the well‑being and care of alcoholics or persons incapacitated by alcohol in a public or private treatment facility or the responsibility for require the division or this state to secure funding such for any treatment programs beyond the limits of legislative appropriation therefor.
