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HB2944 - 572R - I Ver
REFERENCE TITLE:
impaired persons; court-ordered stabilization
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2944
Introduced by
Representative
Gress
AN
ACT
Amending sections 36-501 and
36-526, Arizona Revised Statutes; amending title 36, chapter 18, Arizona
Revised Statutes, by adding article 5; relating to substance abuse.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-501, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-501.
Definitions
In this chapter, unless the context otherwise requires:
1. "Administration" means the Arizona
health care cost containment system administration.
2. "Admitting officer" means a
psychiatrist or other physician or psychiatric and mental health nurse
practitioner 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.
3. "Authorized transporter" means a
transportation entity that is
contracted with a city,
town or county to provide services pursuant to this chapter and that is either:
(a) An ambulance service that holds a valid
certificate of necessity.
(b) A transportation provider authorized by this
state to provide safe behavioral health transportation for individuals
requiring transportation pursuant to this chapter.
4. "Chief medical officer" means the chief
medical officer under the supervision of the superintendent of the state
hospital.
5. "Contraindicated" means that access is
reasonably likely to endanger the life or physical safety of the patient or
another person.
6. "Court" means the superior court in the
county in this state in which the patient resides or was found before screening
or emergency admission under this title.
7. "Criminal history" means police
reports, lists of prior arrests and convictions, criminal case pleadings and
court orders, including a determination that the person has been found
incompetent to stand trial pursuant to section 13-4510.
8. "Danger to others" means that the
judgment of a person who has a mental disorder is so impaired that the person
is unable to understand the person's need for treatment and as a result of the
person's mental disorder the person's continued behavior can reasonably be
expected, on the basis of competent medical opinion, to result in serious
physical harm.
9. "Danger to
self":
(a) Means behavior
that, as a result of a mental disorder:
(i) Constitutes a danger of inflicting serious
physical harm on oneself, including attempted suicide or the serious threat
thereof, if the threat is such that, when considered in the light of its
context and in light of the individual's previous acts, it is substantially
supportive of an expectation that the threat will be carried out.
(ii) Without hospitalization will result in serious
physical harm or serious illness to the person.
(b) Does not include behavior that establishes only
the condition of having a grave disability.
10. "Department" means the department of
health services.
11. "Detention" means the taking into
custody of a patient or proposed patient.
12. "Director" means the director of the
administration.
13. "Evaluation" means:
(a) A professional multidisciplinary analysis that
may include firsthand observations or remote observations by interactive
audiovisual media and that is based on data describing the person's identity,
biography and medical, psychological and social conditions carried out by a
group of persons consisting of at least the following:
(i) Two licensed physicians who are qualified
psychiatrists, if possible, or at least experienced in psychiatric matters, who
shall examine and report their findings independently.� The person against whom
a petition has been filed shall be notified that the person may select one of
the physicians. A psychiatric resident in a training program
approved by the American medical association or by the American osteopathic
association may examine the person in place of one of the psychiatrists if the
resident is supervised in the examination and preparation of the affidavit and
testimony in court by a qualified psychiatrist appointed to assist in the
resident's training, and if the supervising psychiatrist is available for
discussion with the attorneys for all parties and for court appearance and
testimony if requested by the court or any of the attorneys.
(ii) Two other individuals, one of whom, if
available, is a psychologist and in any event a social worker familiar with
mental health and human services that may be available placement alternatives
appropriate for treatment. An evaluation may be conducted on an
inpatient basis, an outpatient basis or a combination of both, and every
reasonable attempt shall be made to conduct the evaluation in any language
preferred by the person.
(b) A physical examination that is consistent with
the existing standards of care and that is performed by one of the evaluating
physicians or by or under the supervision of a physician who is licensed
pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who
is licensed pursuant to title 32, chapter 15 if the results of that examination
are reviewed or augmented by one of the evaluating physicians.
14. "Evaluation agency" means either of
the following:
(a) A health care agency that is licensed by the
department and that has been approved pursuant to this title to provide the
services required of that agency by this chapter.
(b) A facility that is exempt from licensure
pursuant to section 36-402, that possesses an accreditation from either a
national commission on correctional health care or an American correctional
association and that has been approved pursuant to this title to provide the
services required of that facility by this chapter
or chapter
18, article 5 of this title
.
15. "Family member" means a spouse,
parent, adult child, adult sibling or other blood relative of a person
undergoing treatment or evaluation pursuant to this chapter.
16. "Grave disability" means a condition
evidenced by behavior in which a person, as a result of a mental disorder, is
likely to come to serious physical harm or serious illness because the person
is unable to provide for the person's own basic physical needs.
17. "Health care decision maker" has the
same meaning prescribed in section 12-2801.
18. "Health care entity" means a health
care provider, the department, the administration or a regional behavioral
health authority that is under contract with the administration.
19. "Health care provider" means a health
care institution as defined in section 36-401 that is licensed as a
behavioral health provider pursuant to department rules or a mental health
provider.
20. "Independent evaluator" means a
licensed physician, psychiatric and mental health nurse practitioner or
psychologist who is selected by the person to be evaluated or by the person's
attorney.
21. "Informed consent" means a voluntary
decision following
the
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.
22. "Least restrictive treatment
alternative" means the treatment plan and setting that infringe in the
least possible degree with the patient's right to liberty and that are
consistent with providing needed treatment in a safe and humane manner.
23. "Licensed physician" means any medical
doctor or doctor of osteopathy who is either:
(a) Licensed in this state.
(b) A full-time hospital physician licensed in
another state and serving on the staff of a hospital operated or licensed by
the United States government.
24. "Medical director of an evaluation
agency" means a psychiatrist, or other licensed 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 chief medical officer of the state
hospital.
25. "Medical director of a mental health
treatment agency" means a psychiatrist, or other licensed 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 chief medical
officer of the state hospital.
26. "Mental disorder" means a substantial
disorder of the person's emotional processes, thought, cognition or
memory. Mental disorder is distinguished from:
(a) Conditions that are primarily those of drug
abuse, alcoholism or intellectual disability, unless, in addition to one or
more of these conditions, the person has a mental disorder.
(b) The declining mental abilities that directly
accompany impending death.
(c) Character and personality disorders
characterized by lifelong and deeply ingrained antisocial behavior patterns,
including sexual behaviors that are abnormal and prohibited by statute unless
the behavior results from a mental disorder.
27. "Mental health provider" means any
physician or provider of mental health or behavioral health services who is
involved in evaluating, caring for, treating or rehabilitating a patient.
28. "Mental health treatment agency" means
any of the following:
(a) The state hospital.
(b) A health care agency that is licensed by the
department and that provides the services that are required of the agency by
this chapter.
(c) A facility that is exempt from licensure
pursuant to section 36-402, that possesses an accreditation from either a
national commission on correctional health care or an American correctional
association and that provides the services that are required of the facility by
this chapter.
29. "Outpatient treatment" or
"combined inpatient and outpatient treatment" means any treatment
program
that does
not
requiring
require
continuous inpatient hospitalization.
30. "Outpatient treatment plan" means a
treatment plan that does not require continuous inpatient hospitalization.
31. "Patient" means any person who is
undergoing examination, evaluation or behavioral or mental health treatment
under this chapter.
32. "Peace officers" means sheriffs of
counties, constables, marshals and policemen of cities and towns.
33. "Persistent or acute disability" means
a severe mental disorder that meets all the following criteria:
(a) Significantly impairs judgment, reason, behavior
or capacity to recognize reality.
(b) If not treated, has a substantial probability of
causing the person to suffer or continue to suffer severe and abnormal mental,
emotional or physical harm.
(c) Substantially impairs the person's capacity to
make an informed decision regarding treatment, and this impairment causes the
person to be incapable of understanding and expressing an understanding of the
advantages and disadvantages of accepting treatment and understanding and
expressing an understanding of the alternatives to the particular treatment
offered after the advantages, disadvantages and alternatives are explained to
that person.
(d) Has a reasonable prospect of being treatable by
outpatient, inpatient or combined inpatient and outpatient treatment.
34. "Prepetition screening" means the
review of each application requesting court-ordered evaluation, including
an investigation of facts alleged in the application, an interview with each
applicant and an interview, if possible, with the proposed
patient. The purpose of the interview with the proposed patient is
to assess the problem, explain the application and, when indicated, attempt to
persuade the proposed patient to receive, on a voluntary basis, evaluation or
other services.
35. "Prescribed form" means a form
established by a court or the rules of the administration in accordance with
the laws of this state.
36. "Professional" means a physician who
is licensed pursuant to title 32, chapter 13 or 17, a psychologist who is
licensed pursuant to title 32, chapter 19.1 or a psychiatric and mental health
nurse practitioner who is certified pursuant to title 32, chapter 15.
37. "Proposed patient" means a person for
whom an application for evaluation has been made or a petition for court-ordered
evaluation has been filed.
38. "Prosecuting agency" means the county
attorney, attorney general or city attorney who applied or petitioned for an
evaluation or treatment pursuant to this chapter.
39. "Psychiatric
and mental health nurse practitioner" means a registered nurse
practitioner as defined in section 32-1601 who has completed an adult or
family psychiatric and mental health nurse practitioner program and who is
certified as an adult or family psychiatric and mental health nurse
practitioner by the state board of nursing.
40. "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.
41. "Psychologist" means a person who is
licensed under title 32, chapter 19.1 and who is experienced in the practice of
clinical psychology.
42. "Records"
means all communications that are recorded in any form or medium and that
relate to patient examination, evaluation or behavioral or mental health
treatment.� Records include medical records that are prepared by a health care
provider or other providers.� Records do not include:
(a) Materials that are prepared in connection with
utilization review, peer review or quality assurance activities, including
records that a health care provider prepares pursuant to section 36-441,
36-445, 36-2402 or 36-2917.
(b) Recorded telephone and radio calls to and from a
publicly operated emergency dispatch office relating to requests for emergency
services or reports of suspected criminal activity.
43. "Regional behavioral health authority"
has the same meaning prescribed in section 36-3401.
44. "Screening agency" means a health care
agency that is licensed by the department and that provides those services
required of the agency by this chapter.
45. "Social worker" means a person who has
completed two years of graduate training in social work in a program approved
by the council of social work education and who has experience in mental
health.
46. "State hospital" means the Arizona
state hospital.
47. "Superintendent" means the
superintendent of the state hospital.
48. "Voluntary evaluation" means the
ongoing collection and analysis of a person's medical, psychological,
psychiatric and social conditions in order to initially determine if a health
disorder exists and if there is a need for behavioral health services and, on
an ongoing basis, to ensure that the person's service plan is designed to meet
the person's and the person's family's current needs and long-term goals.
END_STATUTE
Sec. 2. Section 36-526, Arizona Revised
Statutes, is amended to read:
START_STATUTE
36-526.
Emergency admission; examination; petition for court-ordered
evaluation; impaired persons
A. On presentation of the person for emergency
admission, an admitting officer of an evaluation agency shall perform an
examination of the person's psychiatric and physical condition and may admit
the person to the
evaluation
agency as an emergency
patient if the admitting officer finds, as a result of the examination and
investigation of the application for emergency admission, that there is
reasonable cause to believe that the person, as a result of a mental disorder,
is a danger to self or others, has a persistent or acute disability or a grave
disability and is unable or unwilling to undergo voluntary evaluation 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
to inflict serious physical harm on another person. If a person is
hospitalized pursuant to this section, the admitting officer may notify a
screening agency and seek its assistance or guidance in developing alternatives
to involuntary confinement and in counseling the person and the person's
family.
B. On the same or a succeeding court day, the
medical director in charge of the
evaluation
agency shall
file a petition for a court-ordered evaluation, unless the person has
been discharged or has become a voluntary patient.� 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 requirements and shall
seek an appropriate order pursuant to section 36-529.
C. If the admitting officer, after an
examination or evaluation, determines that the proposed patient is an impaired
person as defined in section 36-2081, the admitting officer may file a
petition for court-ordered stabilization pursuant to section 36-2083.
END_STATUTE
Sec. 3. Title 36, chapter 18, Arizona Revised
Statutes, is amended by adding article 5, to read:
ARTICLE 5. INVOLUNTARY
STABILIZATION
START_STATUTE
36-2081.
Definitions
In this article, unless the context otherwise
requires:
1. "Administration" means
the Arizona health care cost containment system administration.
2. "Admitting officer"
has the same meaning prescribed in section 36-501
.
3. "Chief medical officer"
means the chief medical officer of an evaluation agency.
4. "Department" means the
department of HEALTH services.
5. "Detain" means to
involuntary admit a patient, proposed patient or impaired person to an
evaluation agency.
6. "Evaluation agency" has
the same meaning prescribed in section 36-501.
7. "Impaired person" means
an individual who, as a result of intoxication, withdrawal or substance-induced
symptoms, has impaired judgment causing the individual to be incapable of
making or communicating rational decisions with regard to the individual's
safety, health or basic personal needs, such as food, clothing, shelter or
medical care.
8. "Stabilization period"
means the time period for which an impaired person may be admitted
involuntarily to an evaluation agency for the purposes of allowing the effects
of substances to resolve such that the person is no longer an impaired person.
END_STATUTE
START_STATUTE
36-2082.
Impaired persons; civil and legal rights
An impaired person who is involuntarily admitted
for a stabilization period pursuant to this article has all of the civil and
legal rights enumerated in chapter 5, article 2 of this title.
END_STATUTE
START_STATUTE
36-2083.
Petition for court-ordered stabilization; required information;
prohibition
A. A petition for court-ordered
stabilization may be filed by an admitting officer based on a personal
assessment and review of an individual's medical record and must be accompanied
by an affidavit from the admitting officer detailing all of the following:
1. That the individual is an impaired
person and the clinical facts that support that conclusion.
2. That the individual is either
unable or unwilling to consent to voluntary admission.
3. The reasons why discharging the
individual would be unsafe.
4. The reasons why proceedings under
chapter 5 of this title are inappropriate.
5. The date the individual was
initially involuntarily admitted to the evaluation agency pursuant to chapter 5
of this title.
B. The petition for court-ordered
stabilization shall request that the court issue an order admitting the
impaired person to the evaluation agency for a stabilization period of not more
than five calendar days after the date the individual was involuntarily
admitted to the evaluation agency pursuant to chapter 5 of this title.
C. A petition for court-ordered
stabilization may not be filed solely to detain an individual who is at risk of
using substances but who is not currently intoxicated, in withdrawal or having
substance-induced symptoms.
END_STATUTE
START_STATUTE
36-2084.
Order for stabilization; maximum period; duty of counsel;
personal service; right to hearing
A. If THE COURT, after reviewing the
petition for court-ordered stabilization, DETERMINEs THAT inSUFFICIENT
EVIDENCE HAS BEEN PRESENTED TO FIND THAT THE INDIVIDUAL IS AN IMPAIRED PERSON,
THE court shall deny the PETITION FOR COURT-ORDERED STABILIZATION AND THE
EVALUATION AGENCY shall immediate release THE IMPAIRED PERSON.
B. IF the court, after reviewing the
petition for court-ordered stabilization, DETERMINEs that THERE IS
REASONABLE CAUSE TO BELIEVE THAT THE INDIVIDUAL IS AN IMPAIRED PERSON, THE
court shall grant the PETITION FOR COURT-ORDERED STABILIZATION FOR A
PERIOD of not more than FIVE CALENDAR DAYS after THE DATE THE IMPAIRED PERSON
WAS INVOLUNTARILY ADMITTED TO THE EVALUATION AGENCY pursuant to chapter 5 of
this title.
C. THE COURT shall APPOINT COUNSEL
FOR THE IMPAIRED PERSON AT THE TIME of issuing THE ORDER FOR STABILIZATION.� An
attorney who is appointed to represent the impaired person shall confer with
the impaired person within twenty-four hours after appointment and inform
the impaired person of the person's rights.
D. A COPY OF ANY ORDER ISSUED BY THE
COURT PURSUANT TO THIS SECTION, TOGETHER WITH A COPY OF THE PETITION FOR COURT-ORDERED
STABILIZATION, shall BE PERSONALLY SERVED ON THE IMPAIRED PERSON AS PRESCRIBED
BY LAW OR COURT RULE OR AS ORDERED BY THE COURT.� An evaluation agency is not
financially responsible for serving the documents required by this subsection.
E. If an impaired person is
involuntarily detained for stabilization, the impaired person shall be informed
by the impaired person's appointed attorney of the right to a hearing to
determine whether the impaired person should be involuntarily detained for
stabilization and to be represented at the hearing by an
attorney. If the impaired person requests a hearing to determine
whether the impaired person should be involuntarily detained for stabilization,
the court shall schedule a hearing at its earliest opportunity.
END_STATUTE
START_STATUTE
36-2085.
Duty of evaluation agency; daily assessment
A. Each day that an impaired person
is detained under an order for stabilization, the impaired person must be
offered treatment for The impaired person's impairment to which they may
consent. The impaired person may not be treated for impairment
without The impaired person's express consent, except that seclusion and
mechanical or pharmacological restraints may be employed as emergency measures
for the safety of the impaired person or others pursuant to section 36-2087.
B. The evaluation agency shall assess
the impaired person each day to determine whether the impaired person remains
impaired.� If the person is no longer an impaired person, the evaluation agency
shall either release the person from the court-ordered stabilization
period and discharge the person from the facility or admit the person to the
evaluation agency on a voluntary basis.
C. The evaluation agency shall comply
with the quality of treatment provisions prescribed in section 36-2086,
as applicable.
END_STATUTE
START_STATUTE
36-2086.
Quality of treatment; clinical records; postrelease plan of care
A. Subject to the right to refuse
psychiatric and medical treatment pursuant to sections 36-512 and 36-513
and pursuant to rules of the administration, each impaired person undergoing
stabilization care pursuant to this article shall receive physical care and
treatment that is delivered in a manner that allows the impaired person's
family members or guardian, if applicable, to participate in the care and
treatment, when appropriate, for the full period the impaired person is
detained. The evaluation agency providing care and treatment shall
keep a clinical record for each impaired person that details all medical
evaluations and all care and treatment received by the impaired person.
B. An evaluation agency administering
observation or inpatient stabilization care and treatment, in conjunction with
the community treatment agency
, if applicable, and before
the release of an impaired person, shall prepare a plan for the impaired
person's care after release and shall provide the plan to the impaired person's
guardian, if applicable.
END_STATUTE
START_STATUTE
36-2087.
Seclusion; restraint; treatment; documentation
An impaired person undergoing stabilization
pursuant to this article shall not be subjected to seclusion or mechanical or
pharmacological restraints except in the case of an emergency for the safety of
the impaired person or others or as a part of a written plan for the
stabilization of the impaired person that is prepared by staff members
responsible for the impaired person's care and pursuant to rules adopted by the
department. Any instance of seclusion or restraint must be properly
documented in the impaired person's medical record. The use of any
restraint or seclusion measure shall be governed by written procedures of the
evaluation agency caring for the impaired person and is subject to the rules of
the department.
END_STATUTE
START_STATUTE
36-2088.
Maximum time of stabilization period; chief medical officer;
discharge; release; immunity
A. An impaired person who is
undergoing a court-ordered stabilization period may not be detained for
more than five calendar days after the date the impaired person was
involuntarily admitted to the evaluation agency.
B. An impaired person who is admitted
for a stabilization period may be released at any time if in the opinion of the
chief medical officer release is appropriate.� The chief medical officer is not
civilly liable for any act committed by a released person if the chief medical
officer has in good faith followed the requirements of this article.� The
person may continue care and treatment on a voluntary basis at any time and
must be provided the opportunity for voluntary admission each day.
C. If an impaired person who is
admitted for a stabilization period is released, the petition for court-ordered
stabilization must be retained together with a written statement by the chief
medical officer stating the reason the release was appropriate.
END_STATUTE
START_STATUTE
36-2089.
County attorney; duties
When a physician or other person files a
petition for court-ordered stabilization on behalf of an evaluation
agency, the county attorney for the county in which the proceeding is initiated
shall represent the person who filed the petition or the evaluation agency in
any judicial proceeding for court-ordered stabilization and shall defend
all challenges to the detention.
END_STATUTE
START_STATUTE
36-2090.
Costs; financial responsibility
The costs of the court proceedings and services
provided under this article shall be charged to the administration or, if
available, to another third-party payor.� The impaired person may not be
charged for services provided under this article.
END_STATUTE