court-ordered treatment; judicial review

HB2923 - 572R - S Ver

Senate Engrossed
House Bill

court-ordered
treatment; judicial review

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2923

AN
ACT

Amending sections 14-5312.01 and 36-546,
Arizona Revised Statutes; relating to mental health services.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section
1.
1. Section
14-5312.01, Arizona Revised Statutes, is amended to read:

START_STATUTE
14-5312.01.

Inpatient treatment; rights and duties of ward and guardian

A. Except as provided in subsection B of this
section, a guardian of an incapacitated person may consent to psychiatric and
psychological care and treatment, including the administration of psychotropic
medications, if the care and treatment take place outside an inpatient
psychiatric facility licensed by the department of health services.

B. On clear and convincing evidence that the ward is
an incapacitated person and is likely to be in need of inpatient mental health
care and treatment within the period of the authority granted pursuant to this
section, the court may authorize a guardian appointed pursuant to this title to
give consent for the ward to receive inpatient mental health care and
treatment, including placement in an inpatient psychiatric facility licensed by
the department of health services and medical, psychiatric and psychological
treatment associated with that placement. The evidence shall be
supported by the opinion of a mental health expert who is either a physician
licensed pursuant to title 32, chapter 13 or 17 and who is a specialist in
psychiatry or a psychologist who is licensed pursuant to title 32, chapter
19.1.

C. In making its decision to grant authority to a
guardian pursuant to subsection B of this section, the court shall consider the
cause of the ward's disability and the ward's foreseeable clinical
needs. The court shall limit the guardian's authority to what is
reasonably necessary to obtain the care required for the ward in the least
restrictive treatment alternative.� The court may limit the duration of the
guardian's authority to consent to inpatient mental health care and treatment
and include other orders the court determines necessary to protect the ward's
best interests.

D. Within forty-eight hours after placement of
the ward pursuant to this section, the guardian shall give notice of this
action to the ward's attorney.� When the attorney receives this notice the
attorney shall assess the appropriateness of the placement pursuant to section
36-537, subsection B and section 36-546, subsection
H

L
. If requested by the
attorney, the court shall hold a hearing on the appropriateness of the
placement within three days after receiving that request.

E. The inpatient psychiatric facility shall assess
the appropriateness of the ward's placement every thirty days and shall provide
a copy of the assessment report to the ward's attorney on request. The ward's
attorney may attend the ward's evaluation, staffing, treatment team and case
management meetings.

F. When the ward is
admitted to an inpatient psychiatric facility pursuant to this section, the
guardian shall provide the facility with the name, address and telephone number
of the ward's attorney.� The facility shall include this information in the
ward's treatment record.

G. Within twenty-four hours after the facility
receives any writing in which the ward requests release from the facility, any
change in placement or a change in the type or duration of treatment, the
facility shall forward this information to the ward's attorney.

H. All health care providers, treatment facilities
and regional behavioral health authorities shall allow the ward's attorney
access to all of the ward's medical, psychiatric, psychological and other
treatment records.

I. The ward's guardian shall place the ward in a
least restrictive treatment alternative within five days after the guardian is
notified by the medical director of the inpatient facility that the ward no
longer needs inpatient care. The ward, a representative of the
inpatient treatment facility, the ward's attorney, the ward's physician or any
other interested person may petition the court to order the facility to
discharge the ward to a least restrictive treatment alternative if the guardian
does not act promptly to do so.

J. If the ward is in an inpatient psychiatric
facility at the time of the initial hearing on the petition for appointment of
a guardian, the court investigator and the ward's attorney shall advise the
court of the appropriateness of the placement.

K. An attorney appointed pursuant to section 14-5303,
subsection C remains the attorney of record until the attorney is discharged by
the court.� The court shall ensure that a ward whose guardian has been granted
inpatient mental health treatment authority is represented by an attorney at
all times the guardian has that authority. Unless the court finds
that the ward has insufficient assets to meet the ward's reasonable and
necessary care and living expenses, the ward shall pay the attorney's
reasonable fees.

L. If deemed necessary to adequately assess a
request for inpatient mental health treatment authority or to review the ward's
placement in an inpatient psychiatric facility, the court may order an
independent evaluation by either a physician who is licensed pursuant to title
32, chapter 13 or 17 and who is a specialist in psychiatry or a psychologist
who is licensed pursuant to title 32, chapter 19.1. If the ward has
insufficient funds to pay the total cost of this evaluation, the court may deem
all or any part of the evaluator's fee to be a county expense after determining
the reasonableness of that fee.

M. Instead of
ordering an independent evaluation pursuant to subsection L of this section,
the court may accept a report conducted on behalf of the inpatient psychiatric
facility if the court finds that the report meets the requirements of an independent
evaluation.

N. The court may
decide that the ward's right to retain or obtain a driver license and any other
civil right that may be suspended by operation of law is not affected by the
appointment of a guardian.

O. If the court grants the guardian the authority to
consent to inpatient mental health care and treatment pursuant to this section,
the medical director of an inpatient psychiatric facility licensed by the
department of health services may admit the ward at the guardian's request.

P. A guardian who is authorized by the court to
consent to inpatient mental health care and treatment pursuant to this section
shall file with the annual report of the guardian required pursuant to section
14-5315 an evaluation report by a physician or a psychologist who meets
the requirements of subsection B of this section. The evaluation
report shall indicate if the ward will likely need inpatient mental health care
and treatment within the period of the authority granted pursuant to this
section. If the guardian does not file the evaluation report or if
the report indicates that the ward will not likely need inpatient mental health
care and treatment, the guardian's authority to consent to this treatment
ceases on the expiration of the period specified in the prior court order.� If
the report supports the continuation of the guardian's authority to consent to
inpatient treatment, the court may order that the guardian's authority to
consent to this treatment continues. If the report supports the
continuation of the guardian's authority to consent to this treatment, the
ward's attorney shall review the report with the ward. The ward may
contest the continuation of the guardian's authority by filing a request for a
court hearing within ten business days after the report is
filed. The court shall hold this hearing within thirty calendar days
after it receives the request.� The guardian's authority continues pending the
court's ruling on the issue.� At the hearing the guardian has the burden of
proving by clear and convincing evidence that the ward is likely to be in need
of inpatient mental health care and treatment within the period of the
authority granted pursuant to this section.

Q. The court may discharge an attorney who was
appointed pursuant to section 14-5303, subsection C subsequent to the
appointment of a guardian if it clearly appears from specific facts presented
by affidavit or verified petition that continued representation of the ward is
no longer necessary or desirable.� The factual basis must include, at a
minimum, consideration of the following:

1. The nature and history of the ward's illness.

2. The ward's history of hospitalization.

3. The ward's current and anticipated living
arrangements.

4. Whether the ward's inpatient treatment is
anticipated to be a
one-time
onetime

hospitalization for the purpose of stabilizing the ward's condition and further
hospitalizations are not likely to be necessary.

5. Whether the ward's current and anticipated living
arrangements are the least restrictive alternatives possible.
END_STATUTE

Sec.
2.
2. Section
36-546, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-546.

Judicial review; right to be informed; request; jurisdiction

A.
In addition to the procedure for
applying for a writ of habeas corpus, as provided in title 13, chapter 38,
article 26,
A patient receiving court-ordered treatment or any
person acting on the patient's behalf may request
the patient's
release pursuant to the following:

1. A request in writing may be
presented to any member of the treatment staff of the agency providing the
patient's treatment. The request may be made on a prescribed form
that shall be prepared by the facility and made available for use by any
person. The completed form shall identify:

(a) The patient being treated and the
agency at which the patient is being treated.

(b) The person to whom the request for
release was made.

(c) The person making the request for
release, indicating whether the person is the patient being treated or someone
acting on the person's behalf.

2. The request, when signed and dated
by the person making the request for release, shall be delivered to the medical
director of the agency. Within three days of receipt of the request, the
medical director shall deliver the form, along with a current psychiatric
report of the patient's condition, to the clerk of the court. If the
person presenting the request refuses to sign the form, the medical director of
the agency shall proceed as if the form had been signed and shall note on the
form the circumstances as to why the form was not signed.

that the court review whether the patient is still in need of continued court-ordered
treatment.� The rights and procedures prescribed in this section are in
addition to the rights and procedures for applying for a writ of habeas corpus
as provided in title 13, chapter 38, article 26.

B. A request for judicial review may
not be made sooner than sixty days after the original order for court-ordered
treatment is entered. except for requests for judicial review made pursuant to
section 36-540, subsection E, paragraphs 5 and 6 and section 36-540.01,
subsection K, a request for a subsequent judicial review may not be made sooner
than sixty days after an order deciding a previous request for judicial review
is entered.

B.
C.
The patient shall be informed
by the medical director of the mental health treatment agency
of
the patient's right to judicial review
by the medical director of
the agency
and the patient's right to consult with
counsel
an attorney
at least once each sixty days while the patient is
undergoing court-ordered treatment. The notification required
by this subsection shall be recorded in the clinical record of the patient by
the individual who gave the notice.

C. With the exception of requests made
pursuant to section 36-540, subsection E, paragraphs 5 and 6 and section
36-540.01, subsection K for judicial review, a request for judicial
review may not be made sooner than sixty days after the issuance of the order
for treatment or a hearing on a previous petition for habeas corpus or the
issuance of the court order or other final resolution determining a previous
request for judicial review by the patient.

D. A request for judicial review
shall be made in the following manner:

1. A written request for judicial
review may be presented to any member of the treatment staff of the mental
health treatment agency providing the patient's treatment. The
request may be made by the patient, an attorney representing the patient or a
health care decision-maker acting on behalf of the patient.� The request
may be made on a prescribed form that is prepared by the mental health
treatment agency and made available for use by any person.� The completed form
shall identify:

(
a
) The name
and date of birth of the patient being treated.

(
b
) The mental
health treatment agency assigned to supervise and administer the patient's
treatment program and, if the patient is being treated as an inpatient, the
inpatient mental health treatment agency at which the patient is being treated.

(
c
) The name of
the person to whom the request for judicial review was presented
and the date the request was received.

(
d
) Whether the
person making the request is the patient being treated or someone acting on the
patient's behalf.� If the request is made by someone other than the patient,
the form must identify the name and contact information of the person making
the request and in what capacity the person is acting on behalf of the patient.

2. A mental health treatment staff
member who receives a written request for judicial review shall promptly
deliver the request to the medical director of the mental health treatment
agency. If the person presenting the request refuses to sign it, the
medical director of the mental health treatment agency shall proceed as if the
request had been signed and shall note on the request the circumstances why the
request was not signed.

3. Within

seven
business days after receiving
the request, the medical director of the mental health treatment agency
or the medical director's designee shall deliver the request, along
with a current psychiatric report of the patient's condition, to be filed with
the clerk of the court. The current psychiatric report shall express
the opinion of the medical director of the mental health treatment agency as to
whether the patient continues to meet the criteria for court-ordered
treatment.� If the medical director of the mental health treatment agency is of
the opinion that a court order for treatment is no longer needed because,
although the patient continues to have a mental disorder, the patient is
willing to accept voluntary treatment, the medical director of the mental
health treatment agency shall state an opinion regarding the patient's ability
to accept and follow through with recommended treatment voluntarily.� In
rendering such an opinion, the medical director of the mental health treatment
agency shall consider the patient's history of behavior and compliance with
treatment both before and after the court order was entered.

E. If the patient is under a
guardianship, within three days after receiving a request for judicial review,
the medical director of the mental health treatment agency shall notify the
guardian that a request for judicial review has been presented to the mental
health treatment agency and is being filed with the court for further action.

F. Delivery of the notice required by
subsection
E of this section shall be accomplished by any
reasonable means designed to impart immediate notice of the action taken, such
as electronic transmission with receipt confirmed by the person to whom it is
sent or hand delivery.� The medical director of the mental health treatment
agency shall certify the delivery and receipt of delivery by a statement in the
documents delivered to the court for filing pursuant to subsection D of this
section or by a separate written certificate filed with the
court. If delivery is not accomplished, the mental health treatment
agency shall certify all efforts to accomplish delivery and state the reasons
delivery could not be accomplished. A person who is entitled to notice may
waive delivery.

G. The patient shall be informed, at
the time the patient makes the request, of the patient's right to consult an
attorney by the person or court to whom the patient makes the request for
release and, in the case of confinement in a mental health treatment agency, by
the reviewing court within one day after the court's receipt of notice from the
medical director of the mental health treatment agency where the patient is
being treated. The patient shall be allowed to consult an attorney to assist in
preparation of a petition for the writ of habeas corpus and to represent the
patient in the hearing.� If the patient is not represented by an attorney, the
reviewing court, within two days after the court's notice to the patient of the
patient's right to counsel, shall appoint an attorney to assist the patient in
the preparation of a petition and to represent the patient in the hearing.

H. The
MEntal
health treatment agency has the burden of proving, by clear and convincing
evidence, that the patient CONTINUES TO NEED court-ordered treatment.�
Unless the court finds that the patient's treatment is illegal on other
grounds, the patient shall not be released from court-ordered treatment
unless the court finds that court-ordered treatment is no longer required
because the patient is no longer, as the result of a mental disorder, a danger
to self or a danger to others or no longer has a persistent or acute disability
or a grave disability and is no longer in need of court-ordered treatment
or is willing and able to accept and follow through with any treatment needed
voluntarily.

D.

I.
Judicial review shall be in the superior court in
the county in which the patient is being treated.
That
Within five judicial days after the request for judicial review is
filed, the
court
may
shall

review the additional material presented and
may
enter
its order without necessity of
further
a

hearing.

E.

J.
The reviewing court may order a
further

hearing
on its own motion,
on the
affidavit
motion
of the attorney for the patient
or on
the motion of the person filing the request for judicial review on behalf of
the patient,
setting forth the need for
further
an
evidentiary hearing
and the reasons why the
hearing is necessary before the time set for the release of the patient
.�

The court may order an independent evaluation of the patient
pursuant to section 36-538. If the court orders a hearing, the hearing
shall be held as soon as possible but not later than fifteen calendar days
after the request for judicial review was filed with the court.� The hearing
may be continued for good cause.� Unless otherwise ordered, if the patient is
receiving treatment as an inpatient, the patient shall remain in inpatient
treatment until the court has made its determination. The court shall notify
the parties of the time and place of the hearing.

F. The patient shall be informed of
the patient's right to consult an attorney by the person or court to whom the
patient makes the request for release at the time the patient makes the request
and, in the case of confinement in an agency, by the reviewing court within one
day of its receipt of notice from the medical director of the agency where the
patient is being treated. The patient shall be permitted to consult
an attorney to assist in preparation of a petition for the writ of habeas
corpus and to represent the patient in the hearing. If the patient is not
represented by an attorney, the reviewing court, within two days of its notice
to the patient of the patient's right to counsel, shall appoint an attorney to
assist the patient in the preparation of a petition and to represent the
patient in the hearing.

G.

K.
The medical director of the mental health
treatment agency, at least twenty-four hours before the hearing, shall
provide the patient's attorney with a copy of the patient's medical records.

H.

L.
The patient's attorney shall fulfill all of the
following minimal duties:

1. Within twenty-four hours
of
after
appointment, conduct an interview with the patient.

2. At least twenty-four hours before the
hearing, interview the patient's treatment physician or psychiatric and mental
health nurse practitioner if available.

3. Before the hearing, examine the clinical record
of the patient.

4. Before the hearing, examine the patient's court
records as to the patient's involuntary treatment.

I.

M.
An attorney who does not fulfill the duties
prescribed by subsection
H

L
of
this section is subject to contempt of court.
END_STATUTE

Sec.
3.
3.
Effective
date

This act is effective from and after
December 31, 2026.