Bill Text: AZ SB1479 | 2017 | Fifty-third Legislature 1st Regular | Engrossed
Bill Title: Mental health services; evaluations
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-03-22 - House read second time [SB1479 Detail]
Download: Arizona-2017-SB1479-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SENATE BILL 1479 |
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AN ACT
Amending sections 36‑520 and 36‑524, Arizona Revised Statutes; relating to court‑ordered mental health evaluations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-520, Arizona Revised Statutes, is amended to read:
36-520. Application for evaluation; definition
A. Any responsible individual may apply for a court‑ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others or a person with a persistent or acute disability or a grave disability and who is unwilling or unable to undergo a voluntary evaluation. The application shall be made in the prescribed form and manner as adopted by the director.
B. The application for evaluation shall include the following data:
1. The name, and address if known, of the proposed patient for whom evaluation is applied.
2. The age, date of birth, sex, race, marital status, occupation, social security number, present location, dates and places of previous hospitalizations, names and addresses of the guardian, spouse, next of kin and significant other persons and other data that the director may require on the form to whatever extent that this data is known and is applicable to the proposed patient.
3. The name, address and relationship of the person who is applying for the evaluation.
4. A statement that the proposed patient is believed to be, as a result of a mental disorder, a danger to self or to others or a patient with a persistent or acute disability or a grave disability and the facts on which this statement is based.
5. A statement that the applicant believes the proposed patient is in need of supervision, care and treatment and the facts on which this statement is based.
C. The application shall be signed and notarized, except that for an application made by a peace officer a copy of the application that contains the applicant's original signature is acceptable and does not need to be notarized.
D. The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall act as prescribed in section 36‑521 within forty‑eight hours of after the filing of the application, excluding weekends and holidays. If the application is not acted upon on within forty‑eight hours, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee.
E. If the applicant for the court‑ordered evaluation presents the person to be evaluated at the screening agency, the agency shall conduct a prepetition screening examination. Except in the case of an emergency evaluation, the person to be evaluated shall not be detained or forced to undergo prepetition screening against the person's will.
F. If the applicant for the court‑ordered evaluation does not present the person to be evaluated at the screening agency, the agency shall conduct the prepetition screening at the home of the person to be evaluated or any other place the person to be evaluated is found. If prepetition screening is not possible, the screening agency shall proceed as prescribed in section 36‑521, subsection B.
G. If a person is being treated by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner of that church or denomination, such that person may not be ordered evaluated, detained or involuntarily treated unless the court has determined that the person is, as a result of mental disorder, a danger to others or to self.
H. Court‑ordered evaluation or treatment pursuant to this chapter does not operate to change the legal residence of a patient.
I. If the application is not acted on because it has been determined that the proposed patient does not need an evaluation, the agency after a period of six months shall destroy the application and any other evidence of the application.
J. For the purposes of this section, "person" includes a person who:
1. Is under eighteen years of age.
2. Has been transferred to the criminal division of the superior court pursuant to section 8‑327 or who has been charged with an offense pursuant to section 13‑501.
3. Is under the supervision of an adult probation department.
Sec. 2. Section 36-524, Arizona Revised Statutes, is amended to read:
36-524. Application for emergency admission for evaluation; requirements; immunity
A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency.
B. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.
C. The application shall be upon on a prescribed form and shall include the following:
1. A statement by the applicant that he believes on the basis of personal observation that the person is, as a result of a mental disorder, a danger to self or others, and that during the time necessary to complete the prepetition screening procedures set forth in sections 36‑520 and 36‑521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm upon on another person.
2. The specific nature of the danger.
3. A summary of the observations upon on which the statement of danger is based.
4. The signature of the applicant.
D. A telephonic application may be made no more than twenty‑four hours prior to before a written application. A telephonic application shall be made by or in the presence of a peace officer unless the application is made by a health care provider who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care facility licensed in this state. For an application made by a doctor, or a nurse, the original signature of the applicant on or a peace officer, a facsimile copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application.
E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based upon on a review of the written or telephonic application and conversation with the applicant and peace officer, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer, that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise be taken into custody if the admitting officer has in good faith followed the requirements of this section.
