Arizona-2014-HB2353-Introduced

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 14-5312.02, Arizona Revised Statutes, is amended to read:

START_STATUTE14-5312.02. Admission for evaluation or treatment by guardian; duties of physician or mental health care provider

A. Notwithstanding the procedures and requirements prescribed in title 36, chapter 5, articles 4 and 5 relating to involuntary court-ordered evaluation or treatment, if the guardian who is granted the authority to consent to inpatient mental health care or treatment pursuant to section 14‑5312.01 has reasonable cause to believe that the ward is in need of evaluation or treatment, the guardian may apply for admission of the ward for evaluation or treatment at any level one behavioral health facility. The guardian must present the facility with a certified copy, or a photocopy of the certified copy, of the guardian's letters of guardianship and with a sworn statement under penalty of perjury that the guardian has presented to the facility a certified copy, or a true and correct copy of a certified copy, of letters of guardianship with mental health authority that authorize the guardian to admit the ward to a level one behavioral health facility issued pursuant to section 14‑5312.01, subsection B and that the letters of guardianship are currently effective and have not been revoked, terminated or rescinded.

B. If the ward is not already present at the level one behavioral health facility and the admitting officer or medical director has reasonable cause to believe that an inpatient evaluation is necessary or that inpatient treatment is needed based on a review of the written application and a conversation with the guardian, the admitting officer or medical director may issue a written statement that there is reasonable cause to believe that an inpatient evaluation is necessary or that inpatient treatment appears to be necessary and that if the patient is transported to the facility the patient will be evaluated and provided any necessary treatment. The admitting officer or medical director shall provide this statement to the guardian and the court if a petition for an order for transportation is necessary pursuant to section 14-5312.03.

B. C. If the guardian requests admission, the facility to which the guardian applies may admit the person if prior to before admission a physician who is licensed pursuant to title 32, chapter 13 or 17 does all of the following:

1. Conducts an investigation that carefully probes the ward's psychiatric and psychological history, diagnosis and treatment needs.

2. Conducts a thorough interview with the ward and the guardian.

3. Obtains the guardian's informed consent.� For the purposes of this paragraph, "informed consent" has the same meaning prescribed in section 36‑501.

4. Makes a written determination that the ward needs an evaluation or will benefit from inpatient care and treatment of a mental disorder or other personality disorder or emotional condition and that the evaluation or treatment cannot be accomplished in a less restrictive setting.

5. Documents in the ward's medical chart a summary of the doctor's findings and recommendations for treatment.

C. D. After admission, if the ward refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the guardian for treatment, release and discharge decisions pursuant to the guardian's authority under the guardianship. END_STATUTE

Sec. 2. Title 14, chapter 5, article 3, Arizona Revised Statutes, is amended by adding section 14-5312.03, to read:

START_STATUTE14-5312.03. Transportation by peace officers for inpatient evaluation or treatment; immunity

A. If a guardian who has mental health treatment authority pursuant to section 14-5312.01 requires the assistance of a peace officer to transport a ward the guardian believes to be in need of inpatient mental health treatment or evaluation, the guardian may file a petition for an order directing a peace officer to take the ward into protective custody and transport the ward to a level one behavioral health facility or a hospital.

B. The petition shall include the following:

1. The ward's name, date of birth and current location.

2. The nature of the ward's mental illness, deficiency or disorder.

3. The facts that support the need for the placement of the ward in a level one behavioral health facility or a hospital for treatment or evaluation.

4. The facts that indicate that the assistance of a peace officer is required to transport the ward to a level one behavioral health facility or a hospital.

5. The location of the level one behavioral health facility or hospital where the guardian wishes the ward to receive inpatient mental health treatment.

6. A copy of the certified letters of guardianship.

7. Any documentation from a level one behavioral health facility or a hospital that indicates that the facility or hospital will accept the ward for inpatient mental health evaluation or treatment if transported to the facility or hospital.

C. On filing, the petitioner shall immediately notify the ward's attorney and provide the ward's attorney with a copy of the petition.

D. After reviewing the petition the court may:

1. Enter an order for transport without any further proceeding.

2. Set a hearing and direct counsel of record to appear on behalf of the ward.

3. Enter other orders that the court determines are necessary and appropriate in the interests of justice.

E. If a hearing is necessary the court shall schedule and conduct a hearing within two judicial days after the filing of the petition and shall provide notice to the ward's attorney.

F. An order to transport may be entered without notice to the ward or the ward's attorney only if all of the following conditions are met:

1. It clearly appears from specific facts shown by an affidavit or by the verified petition that before the ward or the ward's attorney can be heard in opposition it appears likely that without immediate inpatient treatment or evaluation the ward's mental condition will further deteriorate to the point that the ward will suffer serious physical harm or serious illness or inflict serious physical harm on himself or others.

2. The petitioner or the petitioner's attorney certifies to the court in writing any efforts that the petitioner or the petitioner's attorney has made to give the notice or the reasons supporting the claim that notice should not be required.

G. On presentation of the ward at the level one behavioral health facility or hospital, the ward may be admitted pursuant to section 14‑5312.02.

H. A level one behavioral health facility, hospital or peace officer that in good faith followed the requirements of this section, section 14‑5312.02 and the orders of the court are not subject to civil liability for the transportation, detention or admission of the ward for inpatient evaluation or treatment. END_STATUTE

Sec. 3. Section 36-524, Arizona Revised Statutes, is amended to read:

START_STATUTE36-524. Application for emergency admission for evaluation; requirements

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 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 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 a 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 is not be held civilly liable subject to civil liability 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. END_STATUTE