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Arizona Revised Statutes - Title 36 Public Health and Safety - Chapter 5 Mental Health Services

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  • 36-501 - Definitions
    In this chapter, unless the context otherwise requires: 1. "Admitting officer" means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with...
  • 36-502 - Powers and duties of deputy director; rules for standards, forms, administration, admission and transfer; expenditure limitation
    A. The deputy director, with the approval of the director, shall make rules including standards for agencies providing services, and prescribing forms as may be...
  • 36-503 - Medical director of evaluation agency or mental health treatment agency; deputy
    The medical director of an evaluation agency or the medical director of a mental health treatment agency may deputize, in writing, subject to the approval...
  • 36-503.01 - Duty of attorney general or county attorney
    Whenever a physician or other person files a petition for court-ordered evaluation or court-ordered treatment on behalf of a state or county screening, evaluation or...
  • 36-503.02 - Serious mental illness services fund; program termination
    A. The serious mental illness services fund is established consisting of monies appropriated to the department from the tobacco litigation settlement account in the state...
  • 36-503.03 - Civil commitment treatment population; cap
    The Arizona state hospital shall collect census data for adult civil commitment treatment programs to establish maximum capacity and the allocation formula required by section...
  • 36-504 - Notice of patient's rights; notification to family
    A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set forth in this chapter and to rights that...
  • 36-505 - Rights at hearing
    At all hearings conducted pursuant to this chapter, persons shall have the right to an analysis of their psychological condition by an independent evaluator.
  • 36-506 - Civil rights not impaired; discrimination prohibited
    A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right to...
  • 36-507 - Patient's rights to privacy and to personal possessions
    Every person undergoing evaluation or treatment pursuant to this chapter: 1. Has the right not to be fingerprinted. 2. Has the right not to be...
  • 36-508 - Disposition of patient's personal property
    A. When a patient is admitted on an inpatient basis to a mental health treatment agency pursuant to section 36-540, the articles of personal property...
  • 36-509 - Confidential records; immunity
    A. A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this section....
  • 36-510 - Patient's compensation for work
    If a patient of a mental health treatment agency works, this work shall be in the patient's interest. If the primary purpose of this work...
  • 36-511 - Quality of treatment
    A. Subject to his right to refuse psychiatric and medical treatment pursuant to sections 36-512 and 36-513 and pursuant to rules of the division every...
  • 36-512 - Emergency medical care
    A person undergoing evaluation or treatment has a right to refuse any and all medical treatment unless ordered by the court, except that when, in...
  • 36-513 - Seclusion; restraint; treatment
    A person undergoing evaluation pursuant to article 4 of this chapter shall not be treated for his mental disorder unless he consents to such treatment,...
  • 36-514 - 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 the person's personal...
  • 36-515 - Limitation of liability; false application; classification
    A. Any person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person pursuant...
  • 36-516 - Violation of person's rights
    Any knowing violation of a person's rights under this article shall give him a cause of action for the greater of either one thousand dollars...
  • 36-517 - Cruelty to mentally disordered person; classification
    A person guilty of any harsh or cruel treatment of, or any neglect of duty toward a mentally disordered person is guilty of a class...
  • 36-517.01 - Review of decisions regarding release of treatment information; notice; appeal; immunity
    A. An agency providing evaluation or treatment, on request of a person undergoing evaluation or treatment, a member of his family or his guardian, shall...
  • 36-517.02 - Limitation of liability; exception; discharge of duty; immunity for disclosure
    A. There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to prevent...
  • 36-518 - Application for voluntary admission; admission to agency; minors; transportation
    A. Pursuant to rules of the division, any person who is eighteen years of age or older and who manifests the capacity to give and...
  • 36-518.01 - Case review of voluntary admission of minor
    A. The medical director of a mental health agency shall review the case progress of all minors admitted voluntarily to the agency at least every...
  • 36-519 - Discharge of voluntary patients
    A. The medical director of the agency shall discharge any patient admitted voluntarily who has recovered or who is no longer benefiting from the evaluation,...
  • 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,...
  • 36-521 - Preparation of petition for court‑ordered evaluation; procedures for prepetition screening
    36-521. Preparation of petition for court-ordered evaluation; procedures for prepetition screening A. Upon receiving the application for evaluation, the screening agency shall, prior to filing...
  • 36-522 - Voluntary evaluation
    A. If the petition for court-ordered evaluation is not filed because it has been determined that the proposed patient will voluntarily receive an evaluation and...
  • 36-523 - Petition for evaluation
    A. The petition for evaluation shall contain the following: 1. The name, address and interest in the case of the individual who applied for the...
  • 36-524 - 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...
  • 36-525 - Apprehension and transportation by peace officers; immunity
    A. A peace officer shall on the advice of the admitting officer of the evaluation agency pursuant to section 36-524, subsection E apprehend and transport...
  • 36-526 - Emergency admission; examination; petition for court‑ordered evaluation
    36-526. Emergency admission; examination; petition for court-ordered evaluation A. Upon presentation of the person for emergency admission, an admitting officer of an evaluation agency shall...
  • 36-527 - Discharge and release; relief from civil liability
    A. A person taken into custody for emergency admission may not be detained longer than twenty-four hours excluding weekends and holidays following such detention unless...
  • 36-528 - Emergency patients; duties of agency; notification of family member; right to counsel
    A. A person detained under emergency detention shall be offered treatment for his mental disorder to which he may consent. The person shall not be...
  • 36-529 - Order for evaluation; order for detention; hearing
    A. If, from the review of the petition for evaluation, the court does not determine that the proposed patient is likely to present a danger...
  • 36-530 - Evaluation and treatment
    A. A person admitted to an evaluation agency shall receive an evaluation as soon as possible after the court's order for evaluation and, subject to...
  • 36-531 - Evaluation; possible dispositions; release
    A. A person being evaluated on an inpatient basis in an evaluation agency shall be released if, in the opinion of the medical director of...
  • 36-533 - Petition for treatment
    A. The petition for court-ordered treatment shall allege: 1. That the patient is in need of a period of treatment because the patient, as a...
  • 36-534 - Change to voluntary status; discharge
    If, after a petition for court-ordered treatment has been filed and prior to the hearing, the medical director of the agency finds that it is...
  • 36-535 - Detention of proposed patient; time of hearing; released patient; intervention by division
    A. If, on the filing of a petition for court-ordered treatment, the patient is not then detained in an agency, the court shall order the...
  • 36-536 - Service of petition; counsel for proposed patient; notice
    A. At least seventy-two hours before the court conducts the hearing on the petition for court-ordered treatment, a copy of the petition, affidavits in support...
  • 36-537 - Powers and duties of counsel
    A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient's attorney...
  • 36-538 - Independent evaluator
    At all hearings conducted pursuant to sections 36-539, 36-543 and 36-546, a person has the right to have an analysis of the person's mental condition...
  • 36-539 - Conduct of hearing; record; transcript
    A. The medical director of the agency shall issue instructions to the physicians or the psychiatric and mental health nurse practitioner treating the proposed patient...
  • 36-540 - Court options
    A. If the court finds by clear and convincing evidence that the proposed patient, as a result of mental disorder, is a danger to self,...
  • 36-540.01 - Conditional outpatient treatment
    A. The medical director may issue an order for conditional outpatient treatment for a patient ordered to undergo treatment pursuant to section 36-540 if, after...
  • 36-540.02 - Transfer of gravely disabled person without a guardian from a mental health treatment agency to another health care facility
    A. A person who does not have a guardian under the provisions of section 14-5312.01 and who has been found by the court to be...
  • 36-541 - Mandatory local treatment
    A. A patient who is ordered by a court to undergo treatment, if not hospitalized in the state hospital at the time of the order,...
  • 36-541.01 - Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing
    A. A patient ordered to undergo treatment pursuant to this article may be released from treatment before the expiration of the period ordered by the...
  • 36-542 - Discharge of patient at expiration of period ordered by court; change to voluntary status; relief from civil liability
    A. A patient ordered by a court to undergo treatment as a danger to others, a danger to self or persistently or acutely disabled shall...
  • 36-543 - Release from treatment of gravely disabled patient or persistently or acutely disabled patient; annual review
    A. A patient found to be gravely disabled or persistently or acutely disabled and ordered to undergo treatment may be released from inpatient treatment when,...
  • 36-544 - Unauthorized absences; violation; classification; tolling period; hearing
    A. When any patient who is being evaluated or treated is absent without proper authorization from an evaluation agency or a mental health treatment agency,...
  • 36-545 - Voluntary admissions to the state hospital; reimbursements; indigents
    The director shall establish the amount which will fully reimburse the state for the expense of examining, evaluating, treating and maintaining the patient. The state...
  • 36-545.01 - Payment of costs and expenses; ability to pay; power and duty of court; acceptance of other benefits; per capita cost limitation; guardians; parental liability; lien; duty of county attorney
    A. When a patient is admitted to the state hospital for court-ordered treatment pursuant to article 5 of this chapter or pursuant to section 13-3994,...
  • 36-545.02 - State hospital reimbursements; disposition of funds
    All monies collected pursuant to sections 36-545 and 36-545.01 for examination, evaluation, treatment and maintenance of patients shall be deposited, pursuant to sections 35-146 and...
  • 36-545.03 - Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility
    All costs in connection with a patient hospitalized in a private or voluntary nonprofit facility, including costs for evaluation, shall be borne by the patient,...
  • 36-545.04 - Costs of court proceedings; compensation for evaluation and testimony
    A. Except as provided in this chapter, costs of court proceedings and cost of services provided by a county pursuant to article 4 are a...
  • 36-545.05 - Charges for treatment given by agencies under department contract; charges for prepetition screening and court‑ordered evaluation prohibited
    36-545.05. Charges for treatment given by agencies under department contract; charges for prepetition screening and court-ordered evaluation prohibited A. When a person is given a...
  • 36-545.06 - County services
    A. Each county, or any combination of counties, shall provide directly or by contract the services of a screening agency and an evaluation agency for...
  • 36-545.07 - Contracts between the division and screening agencies, evaluation agencies and mental health treatment agencies; services; plan
    A. The division, with the approval of the director, may enter into contracts with screening agencies, evaluation agencies and mental health treatment agencies to provide...
  • 36-545.08 - Arizona state hospital fund; purpose
    A. The Arizona state hospital fund is established for the purposes prescribed in section 36-545.01, subsection I. The department of health services shall administer the...
  • 36-545.09 - Building renewal fund; purpose
    Subject to legislative approval a building renewal fund is established for the purpose of major maintenance of the state owned properties located at 1930 east...
  • 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...
  • 36-546.01 - Expedited appeal to the court of appeals
    An order for court ordered treatment may be reviewed by appeal to the court of appeals as prescribed in the Arizona rules of civil procedure...
  • 36-548 - Court‑ordered treatment by the veterans administration or other agency of the United States
    36-548. Court-ordered treatment by the veterans administration or other agency of the United States A. Whenever, in any proceeding under the laws of this state...
  • 36-550 - Definitions
    In this article, unless the context otherwise requires: 1. "Community residential treatment system" means a statewide system of community based residential treatment programs for the...
  • 36-550.01 - Statewide plan for community residential treatment
    A. The deputy director shall establish a statewide plan for a community residential treatment system by July 1, 1983. Such plan shall provide for a...
  • 36-550.02 - County responsibilities in statewide planning process
    A. Each county shall be responsible for developing an individual county profile of existing programs, needs and goals for consideration by the director for inclusion...
  • 36-550.03 - Statewide plan implementation; contract requirements; exception
    A. Upon establishment of the statewide plan for a community residential treatment system as required in section 36-550.01, the deputy director shall provide for the...
  • 36-550.04 - Evaluation system; contract requirements
    A. The deputy director shall develop and implement an evaluation system which shall include, but not be limited to, program planning and development, fiscal and...
  • 36-550.05 - Community mental health residential treatment services and facilities; prevention services
    A. A residential or day treatment facility shall be designed to provide a homelike environment without sacrificing safety or care. Facilities shall be relatively small,...
  • 36-550.06 - Client eligibility
    A. The seriously mentally ill are eligible for services under this article if they comply with the eligibility screening and application process prescribed in section...
  • 36-550.07 - Community residential treatment system planning grants
    A. The deputy director may award grants to counties to facilitate the planning of community residential treatment systems for the seriously mentally ill at the...
  • 36-550.08 - Clients' rights
    Clients receiving treatment pursuant to this article are entitled to all the rights enumerated in this chapter.
  • Last modified: February 20, 2012