An Act providing for mental health evaluation, commitment and treatment of persons suffering mental disorders

LAWS OF ARIZONA

CHAPTER 185

Senate Bill 1035 AN ACT

RELATING TO PUBLIC HEALTH; PROVIDING FOR MENTAL HEALTH EVALUATION, COMMITMENT AND TREATMENT OF PERSONS SUFFERING MENTAL DISORDERS; PROVIDING PROCEDURES, RIGHTS, DUTIES AFFECTING SUCH PERSONS; PROVIDING FOR CERTAIN GUARDIANSHIPS AND CONSERVATORSHIPS; PROVIDING THAT A STATE HOSPITAL SHALL BE MAINTAINED FOR CARE AND TREATMENT OF PERSONS WITH MENTAL DISORDERS AND PERSONALITY DISORDERS OR EMOTIONAL CONDITIONS; REQUIRING CONSENT OF PARENTS FOR SURGICAL PROCEDURES UPON MINORS; REPEALING TITLE 36, CHAPTER 5, ARIZONA REVISED STATUTES; AMENDING TITLE 36, ARIZONA REVISED STATUTES, BY ADDING A NEW CHAPTER 5; AMENDING SECTIONS 14-5101 AND 31-224, ARIZONA REVISED STATUTES; AMENDING SECTION 36-202, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1973, CHAPTER 158, SECTION 34; AMENDING SECTION 36-206, ARIZONA REVISED STATUTES, AND AMENDING TITLE 36, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 22.

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

Section 1. Repeal

Title 36, chapter 5,-Arizona Revised Statutes, is repealed.

Sec. 2. Title 36, Arizona Revised Statutes, is amended by adding a new chapter 5, articles 1 through 9, to read:

CHAPTER 5

MENTAL HEALTH SERVICES ARTICLE 1. GENERAL PROVISIONS

36-501. Definitions

IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. "ADMITTING OFFICER" MEANS A PSYCHIATRIST OR OTHER PHYSICIAN WITH EXPERIENCE IN PERFORMING PSYCHIATRIC EXAMINATIONS WHO HAS BEEN DESIGNATED AS AN ADMITTING OFFICER OF THE EVALUATION AGENCY BY THE PERSON IN CHARGE OF THE EVALUATION AGENCY.
2. "COURT" MEANS THE SUPERIOR COURT OF THE COUNTY IN THIS STATE IN WHICH THE PATIENT RESIDES.
3. "DANGER TO OTHERS" MEANS BEHAVIOR WHICH CONSTITUTES A DANGER OF INFLICTING SUBSTANTIAL BODILY HARM UPON ANOTHER PERSON BASED UPON A HISTORY OF HA YING INFLICTED OR HAVING ATTEMPTED TO INFLICT SUBSTANTIAL BODILY HARM UPON ANOTHER PERSON WITHIN TWELVE MONTHS PRECEDING THE HEARING ON COURT ORDERED TREATMENT, EXCEPT THAT:IF THE PROPOSED PATI ENT HAS EXISTED UNDER CONDITIONS OF BEING RESTRAINED BY PHYSICAL OR PHARMACOLOGICAL MEANS, OR OF BEING CONFINED, OR OF BEING SUPERVISED, WHICH HAVE DETERRED OR TENDED TO DETER HIM FROM CARRYING OUT ACTS OF INFLICTING OR ATTEMPTING TO INFLICT BODILY HARM UPON ANOTHER PERSON, THE TIME LIMIT OF WITHIN TWELVE MONTHS PRECEDING THE HEARING MAY BE EXTENDED TO A TIME LONGER THAN TWELVE MONTHS AS CONSIDERATION OF THEEVIDENCE INDICATES; OR,IF THE BODILY HARM INFLICTED UPON OR ATTEMPTED TO BE INFLICTED UPON ANOTHER PERSON WAS GRIEVOUS OR HORRENDOUS, THE TIME LIMIT OF WITHIN TWELVE MONTHS PRECEDING THE HEARING MAY BE EXTENDED TO A TIME LONGER THAN TWELVE MONTHS AS CONSIDERATION OF THE EVIDENCE INDICATES.
4. "DANGER TO SELF" MEANS BEHAVIOR WHICH CONSTITUTES A DANGER OF INFLICTING SUBSTANTIAL BODILY HARM UPON ONESELF, INCLUDING ATTEMPTED SUICIDE. DANGER TO SELF IS NOT PRESENT IF THE HAZARDS TO SELF ARE RESTRICTED TO THOSE WHICH MAY ARISE FROM CONDITIONS DEFINED UNDER GRAVE DISABILITY.
5. "DEPARTMENT" MEANS THE STATE DEPARTMENT OF HEALTH SERVICES.
6. "DETENTION" MEANS THE TAKING INTO CUSTODY OF A PATIENT OR PROPOSED PATIENT.
7. "DIRECTOR" MEANS THE DIRECTOR OF THE DEPARTMENT.
8. "EVALUATION" MEANS A PROFESSIONAL MULTIDISCIPLINARY ANALYSIS OF A PERSON'S MEDICAL, PSYCHOLOGICAL AND SOCIAL CONDITIONS CARRIED OUT BY A GROUP OF PERSONS CONSISTING OF NOT LESS THAN THE FOLLOWING: TWO PHYSICIANS, ONE OF WHOM MAY BE SELECTED BY THE PERSON AGAINST WHOM A PETITION HAS BEEN FILED, A PSYCHIATRIC SOCIAL WORKER AND A CERTIFIED PSYCHOLOGIST, UNLESS A CERTIFIED PSYCHOLOGIST IS NOT AV A I LABLE. AN EVALUATION SHALL INCLUDE TWO PSYCHIATRIC EXAMINATIONS PERFORMED BY QUALIFIED PSYCHIATRISTS IF POSSIBLE AND PERFORMED IN ALL CASES BY LICENSED PHYSICIANS WHO SHALL BE EXPERIENCED IN SUCH MATTERS. AN EVALUATION MAY BE CONDUCTED ON AN INPATIENT BASIS, AN OUTPATIENT BASIS OR A COMBINATION OF THESE.
9. "EVALUATION AGENCY" MEANS A HEALTH CARE AGENCY LICENSED BY THE DEPARTMENT WHICH HAS BEEN APPROVED972 CH l85LAWS OF ARIZONAPURSUANT TO TITLE 36, FOR A MODIFICATION OF SERVICE TO INCLUDE THOSE SERVICES REQUIRED OF SUCH AGENCY BY THIS CHAPTER.
10. "EXAMINATION" MEANS AN EXPLORATION OF THE PERSON'S PAST PSYCHIATRIC HISTORY, OF THE CIRCUMSTANCES LEADING UP TO THE PERSON'S PRESENTATION, A PSYCHIATRIC EXPLORATION OF THE PERSON'S PRESENT MENTAL CONDITION AND A COMPLETE PHYSICAL EXAMINATION.

l l. "GRAVELY DISABLED" MEANS A CONDITION IN WHICH A PERSON IS UNABLE TO PROVIDE FOR HIS BASIC PERSONAL NEEDS FOR FOOD, CLOTHING AND SHELTER AS A RESULT OF A MENTAL DISORDER OF A TYPE WHICH HAS:

1. DEVELOPED OVER A LONG PERIOD OF TIME AND HAS BEEN OF LONG DURATION; OR,
2. DEVELOPED AS A MANIFESTATION OF DEGENERATIVE BRAIN DISEASE DURING OLD AGE; OR,
3. DEVELOPED AS A MANIFESTATION OF SOME OTHER DEGENERATIVE PHYSICAL ILLNESS OF LONG DURATION.

1. "INDEPENDENT EVALUATOR" MEANS A LICENSED PHYSICIAN OR CERTIFIED PSYCHOLOGIST SELECTED BY A PROPOSED PATIENT, PROPOSED WARD, BY A PERSON SEEKING REVIEW OF AN ORDER FOR HIS INVOLUNTARY TREATMENT OR OF HIS STATUS AS A WARD OR BY THE ATTORNEY OF ONE OF SUCH PERSONS.
2. "INFORMED CONSENT" MEANS A DECISION FOLLOWING PRESENTATION OF ALL FACTS NECESSARY TO FORM THE BASIS OF AN INTELLIGENT CONSENT BY THE PATIENT OR GUARDIAN WITH NO MINIMIZING OF KNOWN DANGERS OF ANY PROCEDURES.
3. "LICENSED PHYSICIAN" MEANS ANY PHYSICIAN OR SURGEON LICENSED BY THIS STATE TO PRACTICE MEDICINE PURSUANT TO TITLE 32, CHAPTER 13 OR 17.
4. "MAINTENANCE" MEANS AND INCLUDES, BUT IS NOT LIMITED TO, COSTS INCURRED IN THE EXAMINATION, EVALUATION TREATMENT AND MAINTENANCE OF PATIENTS IN THE STATE HOSPITAL.
5. "MEDICAL DIRECTOR OF AN EVALUATION AGENCY" MEANS A PSYCHIATRIST, OR OTHER PHYSICIAN EXPERIENCED IN PSYCHIATRIC MATTERS, WHO IS DESIGNATED IN WRITING BY THE GOVERNING BODY OF THE AGENCY AS THE PERSON IN CHARGE OF THE MEDICAL SERVICES OF THE AGENCY FOR THE PURPOSES OF THIS CHAPTER AND MAY INCLUDE THE SUPERINTENDENT OF THE STATE HOSPITAL.
6. "MEDICAL DIRECTOR OF A MENTAL HEALTH TREATMENT AGENCY" MEANS A PSYCHIATRIST, OR OTHER PHYSICIAN EXPERIENCED IN PSYCHIATRIC MATTERS, WHO IS DESIGNATED IN WRITING BY THE GOVERNING BODY OF THE AGENCY AS THE PERSON IN CHARGE OF THE MEDICAL SERVICES OF THE AGENCY FOR THE PURPOSES OF THIS CHAPTER AND INCLUDES THE SUPERINTENDENT OF THE STATE HOSPITAL.
7. "MENTAL DISORDER" MEANS, FOR PURPOSES OF THIS CHAPTER, A SUBSTANTIAL DISORDER OF THE PERSON'S EMOTIONAL PROCESSES, THOUGHT, COGNITION OR MEMORY. "MENTAL DISORDER" IS DISTINGUISHED FROM:CONDITIONS WHICH ARE PRIMARILY THOSE OF DRUG ABUSE, ALCOHOLISM OR MENTAL RETARDATION.THE DECLINING MENTAL ABILITIES THAT DIRECTLY ACCOMPANY IMPENDING DEATH.CHARACTER AND PERSONALITY DISORDERS CHARACTERIZED BY LIFELONG AND DEEPLY INGRAINED ANTI-SOCIAL BEHAVIOR PATTERNS, INCLUDING SEXUAL BEHAVIORS WHICH ARE ABNORMAL AND PROHIBITED BY STATUTE UNLESS THE BEHAVIOR RESULTS FROM A MENTAL DISORDER.
8. "MENTAL HEALTH TREATMENT AGENCY" MEANS A HEALTH CARE AGENCY LICENSED BY THE DEPARTMENT WHICH HAS BEEN APPROVED, PURSUANT TO TITLE 36, FOR AMODIFICATION OF SERVICE TO INCLUDE THOSE SERVICES WHICH ARE REQUIRED OF THE AGENCY BY THIS CHAPTER OR THE STATE HOSPITAL.
9. "PA TI ENT" MEANS ANY PERSON VO LUNT A RILY HOSPITALIZED OR ORDERED BY A COURT TO UNDERGO TREATMENT, AS PROVIDED IN THIS CHAPTER, IN THE STATE HOSPITAL OR OTHER DESIGNATED MENTAL HEALTH TREATMENT FACILITY.
10. "PREPETITION SCREENING" MEANS THE REVIEW OF EACH PETITION REQUESTING COURT-ORDERED EVALUATION, INCLUDING AN INVESTIGATION OF FACTS ALLEGED IN SUCH PETITION, AN INTERVIEW WITH EACH PETITIONER AND AN INTERVIEW, IF POSSIBLE, WITH THE PROPOSED PATIENT OR PROPOSED WARD. THE PURPOSE OF THE INTERVIEW WITH THE PROPOSED PATIENT OR PROPOSED WARD IS TO ASSESS THE PROBLEM, EXPLAIN THE PETITION AND, WHEN INDICATED, ATTEMPT TO PERSUADE THE PROPOSED PATIENT OR PROPOSED WARD TO RECEIVE, ON A VOLUNTARY BASIS, EVALUATION OR OTHER SERVICES.
11. "PRESCRIBED FORM" MEANS A FORM ESTABLISHED BY A COURT OR THE RULES OF THE DEPARTMENT OR IN ACCORDANCE WITH THE LAWS OF THIS STATE.
12. "PROPOSED PATIENT" MEANS A PERSON FOR WHOM A REQUEST FOR EVALUATION HAS BEEN MADE PURSUANT TO ARTICLE 2 OR FOR WHOM A PETITION HAS BEEN FILED PURSUANT TO ARTICLE 3.
13. "PROPOSED WARD" MEANS A PERSON FOR WHOM A PETITION FOR GUARDIANSHIP HAS BEEN FILED UNDER TITLE 14 AND PURSUANT TO THE PROVISIONS OF THIS CHAPTER.
14. "PSYCHIATRIST" MEANS A LICENSED PHYSICIAN WHO HAS COMPLETED THREE YEARS OF GRADUATE TRAINING IN PSYCHIATRY IN A PROGRAM APPROVED BY THE AMERICAN MEDICAL ASSOCIATION OR THE AMERICAN OSTEOPATHIC ASSOCIATION.
15. "SCREENING AGENCY" MEANS A HEALTH CARE AGENCYLICENSED BY THE DEPARTMENT WHICH HAS BEEN APPROVED PURSUANT TO TITLE 36 FOR A MODIFICATION OF SERVICE TO INCLUDE THOSE SERVICES REQUIRED OF SUCH AGENCY BY THIS CHAPTER.
16. "STATE HOSPITAL" MEANS THE ARIZONA STATE HOSPITAL.
17. "SUPERINTENDENT" MEANS THE SUPERINTENDENT OF THE STATE HOSPITAL.36-502. Powers and duties of the director; rules and regulations for standards, forms and administration; rules and regulations for admission and transferTHE DIRECTOR SHALL MAKE RULES AND REGULATIONS INCLUDING STANDARDS FOR AGENCIES PROVIDING SERVICES, AND PRESCRIBING FORMS AS MAY BE NECESSARY, FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER. THE RULES AND REGULATIONS SHALL BE APPLICABLE TO PATIENTS ADMITTED TO OR TREATED IN AGENCIES AS SET FORTH IN THIS CHAPTER.THE DIRECTOR SHALL MAKE RULES AND REGULATIONS CONCERNING ADMISSION OF PATIENTS AND THE TRANSFER OF PATIENTS BETWEEN AGENCIES. A PATIENT UNDERGOING COURT-ORDERED TREATMENT MAY BE TRANSFERRED FROM ONE AGENCY TO ANOTHER IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE DIRECTOR, SUBJECT TO THE APPROVAL OF THE COURT.THE DIRECTOR MAY MAKE RULES AND REGULATIONS CONCERNING LEAVES, VISITS AND ABSENCES OF PATIENTS FROM EVALUATION AGENCIES AND MENTAL HEALTH TREATMENT AGENCIES.36-503. Medical director of evaluation agency or mental health treat­ ment agency; deputyTHE MEDICAL DIRECTOR OF AN EVALUATION AGENCY OR THE MEDICAL DIRECTOR OF A MENTAL HEALTH TREATMENT AGENCY MAY DEPUTIZE, IN WRITING, SUBJECT TO THE APPROVAL OF THE GOVERNING BODY OF THE AGENCY, ANYQUALIFIED PSYCHIATRIST OR PHYSICIAN ON THE STAFF OF THE AGENCY TO DO OR PERFORM IN HIS STEAD ANY ACT THE MEDICAL DIRECTOR IS EMPOWERED TO DO OR CHARGED WITH RESPONSIBILITY OF DOING PURSUANT TO THIS CHAPTER.ARTICLE 2. PATIENT'S CIVIL AND LEGAL RIGHTS36-511. Notice of patient's rights; notification to familyEVERY PERSON UNDERGOING TREATMENT OR EVALUATION PURSUANT TO THIS CHAPTER SHALL BE ENTITLED TO THE RIGHTS SET FORTH IN THIS CHAPTER AND TO RIGHTS THAT THE DEPARTMENT SPECIFIES BY RULES. A LIST OF PATIENT'S RIGHTS AS REQUIRED BY THIS CHAPTER AND BY THE DEPARTMENT SHALL BE COMPILED AND PUBLISHED BY THE DIRECTOR BY RULE. SUCH LIST SHALL BE PROMINENTLY POSTED IN ENGLISH AND SPANISH IN ALL FACILITIES PROVIDING EVALUATION OR TREATMENT. PATIENT'S RIGHTS SHALL OTHERWISE BE BROUGHT TO THE ATTENTION OF THE PATIENT AS THIS CHAPTER REQUIRES OR THE DEPARTMENT MAY DIRECT BY RULE.AN AGENCY WHICH IS EVALUATING, EXAMINING OR TREATING A PATIENT SHALL IMMEDIATELY NOTIFY A MEMBER OF THE PATIENT'S FAMILY THAT THE PATIENT IS BEING TREATED IN THE AGENCY OR THAT THE PATIENT IS SERIOUSLY ILL OR DEAD.

36-512. Patient's rights at hearing

AT ALL HEARINGS CONDUCTED PURSUANT TO THIS CHAPTER, A PERSON SHALL HAVE THE RIGHT TO AN ANALYSIS OF HIS PSYCHOLOGICAL CONDITION BY AN INDEPENDENT EVALUATOR WHO IS EITHER A LICENSED PHYSICIAN OR CERTIFIED PSYCHOLOGIST SELECTED BY THE PATIENT OR HIS ATTORNEY.

36-513. Civil rights not impaired; discrimination prohibited

1. EVERY PERSON UNDERGOING EVALUATION OR TREATMENT PURSUANT TO THIS CHAPTER SHALL NOT BE DENIED ANY CIVIL RIGHT, INCLUDING BUT NOT LIMITED TO,THE RIGHT TO DISPOSE OF PROPERTY, SUE AND BE SUED, ENTER INTO CONTRACTUAL RELATIONSHIPS AND VOTE. COURT-ORDERED TREATMENT OR EVALUATION PURSUANT TO THIS CHAPTER IS NOT A DETERMINATION OF LEGAL INCOMPETENCY, EXCEPT TO THE EXTENT PROVIDED IN SECTION 36-519.
2. A PERSON WHO IS OR HAS BEEN EVALUATED OR TREATED IN AN AGENCY FOR A MENTAL DISORDER SHALL NOT BE DISCRIMINATED AGAINST IN ANY MANNER, INCLUDING BUT NOT LIMITED TO:SEEKING EMPLOYMENT.RESUMING OR CONTINUING PROFESSIONAL PRACTICE OR PREVIOUS OCCUPATION.OBTAINING OR RETAINING HOUSING.OBTAINING OR RETAINING LICENSES OR PERMITS, INCLUDING BUT NOT LIMITED TO, MOTOR VEHICLE LICENSES, MOTOR VEHICLE OPERATORS AND CHAUFFEURS LICENSES AND PROFESSIONAL OR OCCUPATIONAL LICENSES.
3. DISCRIMINATION FOR PURPOSES OF THIS SECTION MEANS ANY DENIAL OF CIVIL RIGHTS ON THE GROUNDS OF HOSPITALIZATION OR OUTPATIENT CARE AND TREATMENT UNRELATED TO A PERSON'S PRESENT CAPACITY TO MEET THE STANDARDS APPLICABLE TO ALL PERSONS. APPLICATIONS FOR POSITIONS, LICENSES AND HOUSING SHALL CONTAIN NO REQUESTS FOR INFORMATION WHICH ENCOURAGE SUCH DISCRIMINATION.36-514. Patient's rights to privacy and to personal possessionsEVERY PERSON UNDERGOING EVALUATION OR TREATMENT PURSUANT TO THIS CHAPTER SHALL:NOT BE FINGERPRINTED EXCEPT AS REGULATIONS OF THE DEPARTMENT MAY PERMIT.NOT BE PHOTOGRAPHED WITHOUT CONSENT OF THE PERSON AND HIS ATTORNEY OR GUARDIAN, EXCEPT THAT HEMAY BE PHOTOGRAPHED UPON ADMISSION TO AN AGENCY FOR IDENTIFICATION AND ADMINISTRATIVE PURPOSES OF THE AGENCY. ALL PHOTOGRAPHS SHALL BE CONFIDENTIAL AND SHALL NOT BE RELEASED BY THE AGENCY EXCEPT PURSUANT TO COURT ORDER.HAVE ACCESS TO INDIVIDUAL STORAGE SPACE FOR HIS PRIVATE USE WHILE UNDERGOING EVALUATION OR TREATMENT.BE PERMITTED TO WEAR HIS OWN CLOTHING, TO KEEP AND USE HIS OWN PERSONAL POSSESSIONS INCLUDING HIS TOILET ARTICLES AND TO KEEP AND BE ALLOWED TO SPEND A REASONABLE SUM OF HIS OWN MONEY FOR HIS OWN NEEDS AND COMFORT.36-515. Disposition of patient's personal propertyWHEN A PATIENT IS ADMITTED TO THE STATE HOSPITAL, THE ARTICLES OF PERSONAL PROPERTY WHICH CANNOT BE USED BY THE PATIENT AT THE INSTITUTION SHALL BE PLACED UNDER THE CONTROL AND MANAGEMENT OF THE PATIENT'S SPOUSE, NEXT OF KIN, GUARDIAN OR CONSERVATOR.IN THE EVENT THE PATIENT IS WITHOUT A SPOUSE, NEXT OF KIN, GUARDIAN OR CONSERVATOR, OR THE SPOUSE OR NEXT OF KIN REFUSE TO TAKE POSSESSION OF THE PATIENT'S PERSONAL PROPERTY THE STATE HOSPITAL SHALL PROVIDE FACILITIES AT A REASONABLE RATE FOR THE STORAGE OF THE PATIENT'S PERSONAL PROPERTY.IF THE PATIENT OR HIS ESTATE CANNOT PAY THE EXPENSES OF STORAGE, THE STATE HOSPITAL MAY SEEK JUDICIAL SALE OF THE PERSON'S PERSONAL PROPERTY.THE PROCEEDS DERIVED FROM A SALE OF THE PATIENT'S PERSONAL PROPERTY SHALL BE FIRST APPLIED TO THE COSTS INCURRED IN STORAGE OF THE PROPERTY AND ANY BALANCE REMAINING SHALL BE THEN DEPOSITED TO THE PATIENT'S CREDIT IN THE PATIENT'S PERSONAL DEPOSIT FUND.

36-516. Confidential records

ALL INFORMATION AND RECORDS OBTAINED IN THE COURSE OF EVALUATION, EXAMINATION OR TREATMENT SHALL BE KEPT CONFIDENTIAL AND NOT AS PUBLIC RECORDS, EXCEPT AS THE REQUIREMENTS OF A HEARING PURSUANT TO THIS CHAPTER MAY NECESSITATE A DIFFERENT PROCEDURE. INFORMATION AND RECORDS MAY ONLY BE DISCLOSED, PURSUANT TO RULES ESTABLISHED BY THE DEPARTMENT, TO:

1. PHYSICIANS AND PROVIDERS OF HEALTH, MENTAL HEALTH OR SOCIAL AND WELFARE SERVICES INVOLVED IN CARING, TREATING OR REHABILITATING THE PATIENT.
2. INDIVIDUALS TO WHOM THE PATIENT HAS GIVEN CONSENT TO HAVE INFORMATION DISCLOSED.
3. PERSONS LEGALLY REPRESENTING THE PATIENT,AND IN SUCH CASE, THE DEPARTMENT'S RULES SHALL NOT DELAY COMPLETE DISCLOSURE.
4. PERSONS AUTHORIZED BY A COURT ORDER.
5. PERSONS DOING RESEARCH OR MAINTAINING HEALTH STATISTICS, PROVIDED THAT THE DEPARTMENT ESTABLISHES RULES FOR THE CONDUCT OF SUCH RESEARCH, AS WILL INSURE THE ANONYMITY OF THE PATIENT.
6. THE DEPARTMENT OF CORRECTIONS IN CASES WHERE PRISONERS CONFINED TO THE STATE PRISON ARE PATIENTS IN THE STATE HOSPITAL ON AUTHORIZED TRANSFERS EITHER BY VOLUNTARY ADMISSION OR BY ORDER OF THE COURT.
7. GOVERNMENTAL OR LAW ENFORCEMENT AGENCIES WHEN NECESSARY TO SECURE THE RETURN OF A PATIENT WHO IS ON UNAUTHORIZED ABSENCE FROM ANY AGENCY WHERE THE PATIENT WAS UNDERGOING EVALUATION AND TREATMENT.36-517. Patient's compensation for workIF A PATIENT OF THE STATE HOSPITAL WORKS, THIS WORK SHALL BE IN THE PATIENT'S INTEREST. IF THE PRIMARYPURPOSE OF THIS WORK IS TO BENEFIT THE STATE HOSPITAL OR ANY AGENCY OF THE STATE, THE PATIENT SHALL BE EMPLOYED AND PAID IN ACCORDANCE WITH LAW. IF THE PURPOSE OF THE WORK IS THERAPEUTIC, THE PATIENT MAY OR MAY NOT BE PAID AS CIRCUMSTANCES INDICATE. THIS THERAPEUTIC WORK SHALL BE PART OF A PLANNED PROGRAM OF TREATMENT DESCRIBED IN THE PATIENT'S RECORD WITH THE RATIONALE FOR THE WORK-TREATMENT INCLUDED. IT SHALL BE PERIODICALLY REVIEWED BY THE APPROPRIATE HOSPITAL REVIEW PROCEDURES. THE TERM "WORK" DOES NOT MEAN MATTERS OF PERSONAL HOUSEKEEPING OR PERSONAL MAINTENANCE.36-518. Quality of treatmentEVERY PERSON UNDERGOING EVALUATION OR TREATMENT PURSUANT TO THIS CHAPTER SHALL RECEIVE PHYSICAL AND PSYCHIATRIC CARE AND TREATMENT FOR THE FULL PERIOD HE IS DETAINED. THE AGENCY PROVIDING CARE AND TREATMENT SHALL KEEP A CLINICAL RECORD FOR EACH PERSON WHICH DETAILS ALL MEDICAL AND PSYCHIATRIC EVALUATIONS AND ALL CARE AND TREATMENT RECEIVED BY THE PERSON.AN AGENCY ADMINISTERING THE CARE AND TREATMENT SHALL PROVIDE:A TREATMENT PROGRAM BASED ON THE INDIVIDUAL NEEDS OF THE PERSON.CAREFUL AND PERIODIC REEXAMINATIONS OF EACH PERSON BY APPROPRIATE PROFESSIONAL PERSONS, INCLUDING A PHYSICIAN. REEXAMINATIONS SHALL BE MADE ONCE EACH NINETY DAYS AND THE RESULTS SHALL BE A PART OF THE PERSON'S MEDICAL RECORD.A FULL PHYSICAL EXAMINATION ONCE A YEAR.ADEQUATE MEDICAL TREATMENT IN THE LIGHT OF PRESENT MEDICAL KNOWLEDGE IN ACCORDANCE WITH THE RESULTS OF THESE EXAMINATIONS.

36-519. Emergency medical care at the state hospital

WHEN, IN THE WRITTEN OPINION OF THE ATTENDING PHYSICIAN OF A PATIENT AT THE STATE HOSPITAL, A TRUE MEDICAL EMERGENCY EXISTS AND A SURGICAL OPERATION IS NECESSARY TO SAVE THE LIFE, PHYSICAL HEALTH, EYESIGHT, HEARING OR MEMBER OF THE PATIENT, THE SUPERINTENDENT MAY GIVE CONSENT TO SUCH SURGICAL OPERATION IF THE CONSENT OF THE PROPER RELATIVES OR GUARDIAN CANNOT BE HAD IN TIME TO EFFECT SUCH SAYING AND TIME WILL NOT PERMIT THE OBTAINING OF APPROPRIATE JUDICIAL AUTHORITY.

36-520. Seclusion; restraint

A PERSON UNDERGOING EVALUATION OR TREATMENT SHALL NOT BE SUBJECTED TO SECLUSION OR MECHANICAL OR PHARMACOLOGICAL RESTRAINTS EXCEPT IN CASE OF EMERGENCY FOR THE SAFETY OF THE PERSON OR OTHERS OR AS A PART OF A WRITTEN PLAN FOR THE TREATMENT OF THE PATIENT, PREPARED BY STAFF MEMBERS RESPONSIBLE FOR HIS CARE. ALL INSTANCES OF SECLUSION OR RESTRAINT SHALL BE PROPERLY RECORDED IN THE PATIENT'S MEDICAL RECORD AND THE USE SHALL BE GOVERNED BY WRITTEN PROCEDURES OF THE AGENCY CARING FOR THE PATIENT AND ARE SUBJECT TO THE RULES AND REGULATIONS OF THE DEPARTMENT.

36-521. Visitation; telephone; correspondence; religious freedom

EVERY PERSON DETAINED FOR EVALUATION OR TREATMENT PURSUANT TO THIS CHAPTER SHALL HAVE THE FOLLOWING ADDITIONAL RIGHTS:

1. TO BE VISITED BY HIS PERSONAL PHYSICIAN, ATTORNEY AND CLERGYMAN OR ANY OTHER PERSON, SUBJECT TO LIMITATIONS AS THE INDIVIDUAL IN CHARGE OF THE AGENCY MAY DIRECT.
2. TO HAVE REASONABLE ACCESS TO TELEPHONES BETWEEN THE HOURS OF NINE A.M. AND NINE P.M. TO MAKE AND RECEIVE CONFIDENTIAL CALLS. LONG DISTANCE CALLS SHALL BE ALLOWED IF THE PATIENT CAN PAY THE AGENCY FOR THEM ORCAN PROPERLY CHARGE THEM TO ANOTHER NUMBER. THE AGENCY MAY RESTRICT THE PHONE PRIVILEGES OF A PATIENT WHEN NOTIFIED BY THE PERSON RECEIVING THE CALLS THAT HE IS BEING HARASSED BY THE CALLS AND WISHES THEM CURTAILED OR HALTED.
3. TO BE FURNISHED WITH REASONABLE AMOUNTS OF STATIONERY AND POSTAGE AND TO BE PERMITTED TO CORRESPOND BY MAIL WITHOUT CENSORSHIP WITH ANY PERSON, UNLESS THE PERSON RECEIVING THE CORRESPONDENCE STATES THAT HE IS BEING HARASSED BY THE CORRESPONDENCE OR OBJECTS TO IT AND WISHES IT CURTAILED OR HALTED, IN WHICH CASE THE AGENCY MAY RESTRICT OR HALT THE CORRESPONDENCE.
4. TO ENJOY RELIGIOUS FREEDOM AND THE RIGHT TO CONTINUE THE PRACTICE OF HIS RELIGION IN ACCORDANCE WITH ITS TENETS DURING THE DETAINMENT, EXCEPT THAT THIS RIGHT MAY NOT INTERFERE WITH THE OPERATION OF THE AGENCY.36-522. Limitation of liability; false application; penaltyANY PERSON ACTING IN GOOD FAITH UPON EITHER ACTUAL KNOWLEDGE OR RELIABLE INFORMATION WHO MAKES APPLICATION FOR EVALUATION OR TREATMENT OF ANOTHER PERSON PURSUANT TO THIS CHAPTER IS NOT SUBJECT TO CIVIL OR CRIMINAL LIABILITY FOR SUCH ACT.ANY PERSON WHO WITHOUT PROBABLE CAUSE MAKES APPLICATION FOR A PETITION ALLEGING THAT ANOTHER PERSON IS MENTALLY DISORDERED OR GRAVELY DISABLED AND REQUESTING EVALUATION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT NOT TO EXCEED ONE YEAR, A FINE NOT TO EXCEED ONE THOUSAND DOLLARS, OR BOTH.

36-523. Denial of person's rights

1. A PERSON'S RIGHTS UNDER ARTICLE 2, SECTIONS 36-514, 36.515, 36-516, 36-520 AND 36-521 OF THIS CHAPTER MAY BE DENIED FOR GOOD CAUSE BY THE INDIVIDUAL IN CHARGE OF THE AGENCY. DENIAL OF A RIGHT AND THE EXPLANATIONCH-185 983LAWS OF ARIZONATHEREOF SHALL BE ENTERED INTO THE PERSON'S CLINICAL RECORD AND THE INFORMATION CONTAINED IN THE CLINICAL RECORD SHALL BE MADE AVAILABLE ON REQUEST TO THE PERSON, HIS ATTORNEY OR GUARDIAN.
2. ANY VIOLATION OF A PERSON'S RIGHTS UNDER THIS ARTICLE SHALL GIVE HIM A CAUSE OF ACTION FOR THE GREATER OF EITHER ONE THOUSAND DOLLARS OR THREE TIMES THE ACTUAL AMOUNT OF DAMAGES. IT IS NOT A PREREQUISITE TO THIS ACTION THAT THE PLAINTIFF SUFFER OR BE THREATENED WITH ACTUAL DAMAGES.

36-524. Cruelty to mentally disordered person; penalty; punishment

1. A PERSON GUILTY OF ANY HARSH OR CRUEL TREATMENT OF, OR ANY NEGLECT OF DUTY TOWARD A MENTALLY DISORDERED PERSON IS GUILTY OF A MISDEMEANOR.
2. IN ADDITION TO THE PENALTIES PROVIDED IN SUBSECTION A, ANY PERSON GUILTY OF AN OFFENSE WHICH CONSTITUTES A FELONY UNDER TITLE 13, WHILE TREATING OR NEGLECTING TO TREAT A MENTALLY DISORDERED PERSON, SHALL BE SUBJECT TO PUNISHMENT AS PROVIDED FOR IN TITLE 13.

ARTICLE 3. VOLUNTARY ADMISSIONS

36-531. Application for voluntary admission; admission to agency; minors and persons under guardianship; transportation

1. PURSUANT TO RULES AND REGULATIONS OF THE DEPARTMENT, ANY PERSON MAY BE HOSPITALIZED FOR EVALUATION, CARE AND TREATMENT WHO VOLUNTARILY MAKES WRITTEN APPLICATION ON A PRESCRIBED FORM. THE AGENCY TO WHICH THE PERSON APPLIES MAY ACCEPT AND ADMIT THE PERSON IF THE MEDICAL DIRECTOR OF THE AGENCY OR THE ADMITTING OFFICER BELIEVES THAT THE PERSON NEEDS EVALUATION OR WILL BENEFIT FROM CARE AND TREATMENT OF A MENTAL DISORDER OR OTHER PERSONALITY DISORDER OR EMOTIONAL CONDITION IN THE AGENCY.984 LAWS OF ARIZONA
2. IF THE PERSON MAKING VOLUNTARY APPLICATION IS UNDER GUARDIANSHIP, THE APPLICATION SHALL BE SIGNED BY THE GUARDIAN. IF THE PERSON IS LESS THAN EIGHTEEN YE, :; OF AGE, THE APPLICATION SHALL BE SIGNED BY THE PA1,1}'JT. GUARDIAN OR ADULT NEXT OF KJN. IF THE MI "1C1 R '.S FOURTEEN YEARS OF AGE OR OLDER AND NOT ',1/DEP GUARDIANSHIP, THE WRITTEN APPLICATION SHALL ALSO BE SIGNED BY THE MINOR. IN ANY OTHER WRITH, PPUCATION FOR A VOLUNTARY ADMISSION OF A Ml, )R. 1 A PARENT, GUARDIAN OR ADULT NEXT OF KIN, THE l'ERSUN SHALL BE ADMITTED ONLY UPON THE WRITTEN APPROVAL OF THE MEDICAL DIRECTOR OF THE AGENCY
3. THE BOARD OF SUPERVISORS OF THE COUNTY OF RESIDENCE OF A PERSON WHO HAS SUBMITTED AN APPLICATION FOR ADMISSION TO THE STATE HOSPITAL PURSUANT TO SUBSECTION A SHALL PROVIDE TRANSPORTATION TO THE STATE HOSPITAL FOR THE PERSON IF IT APPEARS THAT THE PERSON IS ELIGlBLE FOR VOLUNT ARY ADMISSION TO THE STATE HOSPITAL AFTER CONSULTATION BETWEEN THE STATE HOSPITAL AND AN EXAMINER OF THE PERSON DESIGNATED BY THE COUNTY TO PROVIDE SUCH SERVICES.

36-532. Discharge of voluntary patients

1. THE MEDICAL DIRECTOR OF THE AGENCY SHALL DISCHARGE ANY PATIENT ADMITTED VOLUNTARILY WHO HAS RECOVERED OR WHO IS NO LONGER A DANGER TO SELF OR OTHERS, OR WHO IS NO LONGER GRAVELY DISABLED, IF HE IS NO LONGER BENEFITING FROM THE EVALUATION, CARE OR TREATMENT AVAILABLE.
2. A PATIENT ADMITTED VOLUNTARILY SHALL BE GIVEN A DISCHARGE WITHIN TWENTY-FOUR HOURS EXCEPT ON WEEKENDS OR ON A HOLIDAY AFTER HE REQUESTS A DISCHARGE IN WRITING OR, IF UNDER THE AGE OF EIGHTEEN, W1THIN TWENTY-FOUR HOURS EXCEPT ON WEEKENDS OR ON A HOLIDAY AFTER A REQUEST FOR DISCHARGE HAS BEEN MADE IN WRITING BY HIS PARENT, GUARDIAN OR ADULT NEXT OF KIN, EXCEPT THAT, IF THE MEDICAL DIRECTOR OF THE AGENCY BELIEVES THAT THE VOIT NTARILY ADMITTED PATIENT IS A

CH-185 985

LAWS OF ARIZONA

DANGER TO SELF OR OTHERS OR GRAVELY DISABLED, THE MEDICAL DIRECTOR OF THE AGENCY MAY PROCEED PURSUANT TO THIS CHAPTER, WITHIN TWENTY-FOUR HOURS EXCEPT ON WEEKENDS OR ON A HOLIDAY AFTER THE REQUEST, AND SHALL POSTPONE THE DISCHARGE. FURTHER PROCEEDINGS SHALL BE CONDUCTED PURSUANT TO ARTICLE 5.

ARTICLE 4. COURT-ORDERED EVALUATION

36-541. Application for evaluation

1. 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 GRAVELY DISABLED AND WHO IS UNWILLING TO UNDERGO A VOLUNTARY EVALUATION. THE APPLICATION SHALL BE MADE IN THE PRESCRIBED FORM AND MANNER AS PROMULGATED BY THE DIRECTOR.
2. IF THE INDIVIDUAL REQUESTING 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 HIS WILL.
3. IF THE PERSON REQUESTING 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 IN SECTION 36-542, SUBSECTION C.
4. 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 THEREOF, SUCH PERSON MAY NOT BE ORDERED EVALUATED, DETAINED OR INVOLUNTARILY TREATED UNLESS THE COURT HAS DETERMINED THAT HE IS, AS A RESULT OF MENTAL DISORDER, A DANGER TO OTHERS OR TO HIMSELF.36-542. Preparation of petition for court-ordered evaluation; procedures for prepetition screeningTHE SCREENING AGENCY SHALL PREPARE THE PETITION AND OTHER FORMS REQUIRED FOR A COURT-ORDERED EVALUATION. THE PETITION SHALL BE SIGNED BY THE PERSON REQUESTING THE COURT-ORDERED EVALUATION.THE SCREENING AGENCY SHALL, PRIOR TO FILING THE PETITION, PROVIDE PREPETITION SCREENING WHEN POSSIBLE TO DETERMINE WHETHER THERE IS REASONABLE CAUSE TO BELIEVE THE ALLEGATIONS OF THE PERSON REQUESTING THE COURT-ORDERED EVALUATION, WHETHER THE PERSON WILL VOLUNTARILY RECEIVE EVALUATION AT A SCHEDULED TIME AND PLACE AND WHETHER HE IS LIKELY TO PRESENT A DANGER TO SELF OR OTHERS UNTIL THE VOLUNTARY EVALUATION.AFTER PREPETITION SCREENING HAS BEEN COMPLETED, THE SCREENING AGENCY SHALL PREPARE A REPORT OF OPINIONS AND CONCLUSIONS. IF PREPETITION SCREENING IS NOT POSSIBLE, THE SCREENING AGENCY SHALL PREPARE A REPORT GIVING REASONS WHY THE SCREENING WAS NOT POSSIBLE AND INCLUDING OPINIONS AND CONCLUSIONS OF STAFF MEMBERS WHO ATTEMPTED TO CONDUCT PREPETITION SCREENING OR OTHERWISE INVESTIGATED THE MATTER.THE SCREENING AGENCY SHALL FILE THE PETITION IF, BASED UPON THE ALLEGATIONS OF THE PERSON REQUESTING THE COURT-ORDERED EVALUATION AND THE PREPETITION SCREENING REPORT OR OTHER INFORMATION OBTAINED WHILE ATTEMPTING TO CONDUCT A PREPETITION SCREENING, THE AGENCY DETERMINES THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PATIENT IS, AS A RESULT OF MENTAL DISORDER, A DANGER TO SELF OR TO OTHERS OR GRAVELY DISABLED AND THAT THE PATIENT WILL NOT VOLUNTARILY RECEIVE EVALUATION OR IS LIKELY TO PRESENT A DANGER TO SELF OR OTHERS BEFORE RECEIVING A VOLUNTARY EVALUATION.

36-543. Voluntary evaluation

987

LAWS OF ARJZONA

IF THE PETITION FOR COURT-ORDERED EVALUATION IS NOT FILED BECAUSE IT HAS BEEN DETERMINED THAT THE PROPOSED PATIENT OR PROPOSED WARD WILL VOLUNTARILY RECEIVE AN EVALUATION AND IS UNLIKELY TO PRESENT A DANGER TO SELF OR OTHERS UNTIL THE VOLUNTARY EVALUATION, THE EVALUATION AGENCY PROVIDED FOR BY THE COUNTY, OR SELECTED BY THE PATIENT, SHALL BE IMMEDIATELY NOTIFIED AND SHALL PROVIDE EVALUATION OF THE PROPOSED PATIENT OR PROPOSED WARD AT A SCHEDULED TIME AND PLACE WITHIN FIVE DAYS OF THE NOTICE.

36-544. Petition for evaluation

1. A PETITION, WHEN FILED, MAY BE ACCOMPANIED BY A PREPETITION SCREENING REPORT CONTAINING THE FINDINGS OF THE SCREENING AGENCY. THE PETITION FOR EVALUATION SHALL ALSO CONTAIN THE FOLLOWING INFORMATION:THE NAME AND ADDRESS OF THE INDIVIDUAL WHO APPLIED FOR THE PETITION AND HIS INTEREST IN THE CASE.THE FACTS WHICH CALLED THE PERSON TO BE EVALUATED TO THE SCREENING AGENCY'S ATTENTION.THE NAME OF THE PERSON TO BE EVALUATED AND, IF KNOWN OR READILY DISCOVERABLE, THE ADDRESS, AGE, MARITAL STATUS AND OCCUPATION OF THE PERSON AND THE NAME AND ADDRESS OF THE PERSON'S NEAREST RELATIVES.THE FACTS UPON WHICH THE ALLEGATIONS ARE BASED, INCLUDING STATEMENTS BY THE INDIVIDUAL APPLYING FOR THE PETITION OF THE SPECIFIC NATURE OF THE DANGER OR GRAVE DISABILITY.OTHER INFORMATION THAT THE DEPARTMENT BY RULE OR REGULATION OR THE COURT BY RULE OR ORDER MAY REQUIRE.
2. A PETITION AND OTHER FORMS REQUIRED IN A COURT MAY BE FILED ONLY BY THE SCREENING AGENCY WHICH HAS PREPARED THE PETITION.
3. IF THE PETITION IS NOT FILED BECAUSE IT HAS BEEN DETERMINED THAT THE PERSON DOES NOT NEED AN EVALUATION, THE AGENCY SHALL DESTROY THE PETITION.

36-545. Application for emergency admission for evaluation; requirements

1. A WRITTEN APPLICATION FOR EMERGENCY ADMISSION SHALL BE MADE TO AN EVALUATION AGENCY BEFORE A PERSON MAY BE HOSPITALIZED IN THE AGENCY.
2. AN APPLICATION FOR EMERGENCY ADMISSION SHALL BE MADE BY A PERSON, WITH KNOWLEDGE OF THE FACTS REQUIRING EMERGENCY ADMISSION.
3. THE APPLICATION SHALL BE UPON A PRESCRIBED FORM AND SHALL INCLUDE THE FOLLOWING: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.THE SPECIFIC NATURE OF THE DANGER.A SUMMARY OF THE OBSERVATIONS UPON WHICH THE STATEMENT OF DANGER IS BASED.A STATEMENT OF FACTS WHICH CALLED THE PERSON TO BE ADMITTED TO THE APPLICANT'S ATTENTION.36-546. Apprehension and transportation by peace officersA PEACE OFFICER MAY APPREHEND A PERSON WHO HE HAS PROBABLE CAUSE TO BELIEVE REQUIRES EMERGENCY ADMISSION UNDER THE CRITERIA SET FORTH IN SECTION 36-545, SUBSECTION C, PARAGRAPH 1, IF AN APPLICATION FOR EMERGENCY ADMISSION FOR EVALUATION HAS BEEN FILED.A PEACE OFFICER SHALL TRANSPORT THE PERSON TO AN EVALUATION AGENCY.

36-547. Emergency admission; examination; petition for court ordered evaluation

1. UPON PRESENTATION OF THE PERSON FOR EMERGENCY ADMISSION, AN ADMITTING OFFICER OF AN EVALUATION AGENCY SHALL PERFORM AN EXAMINATION OF THE PERSON AND MAY ADMIT THE PERSON TO THE AGENCY AS AN EMERGENCY PATIENT IF THE ADMITTING OFFICER FINDS, AS A RESULT OF HIS EXAMINATION AND INVESTIGATION OF THE APPLICATION FOR EMERGENCY ADMISSION, THAT THE PERSON MEETS THE CRITERIA SET FORTH IN SECTION 36-545. AN ADMITTING OFFICER OF THE EVALUATION AGENCY SHALL BE PRESENT OR ON CALL AT ALL TIMES TO RECEIVE AND EVALUATE PROPOSED PATIENTS.
2. ON THE SAME OR SUCCEEDING COURT DAY, THE MEDICAL DIRECTOR IN CHARGE OF THE AGENCY SHALL FILE A PETITION FOR A COURT-ORDERED EVALUATION. THE PETITION NEED NOT COMPLY WITH THE PROVISIONS OF THIS CHAPTER REQUIRING PREPARATION AND FILING OF A PREPETITION SCREENING REPORT BUT SHALL MEET ALL OTHER REQUIR