reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.15 - Environmental laboratory licensure revolving fund; use

36-495.15.
Environmental laboratory licensure revolving fund;  use
A. The environmental laboratory licensure revolving fund is established in the department which consists of monies from gifts,  grants,  donations,  fees derived from department sponsored workshops,  conferences and seminars and fees collected pursuant to this chapter.
B. Subject to legislative appropriation,  monies in the fund shall be used to support the administration of this chapter and for the costs incurred in administering this chapter and rules adopted for the implementation of this chapter.
C. Monies in the fund are exempt from section 35-190. Interest earned on monies in the fund shall be credited to the fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.16 - Environmental laboratory advisory committee; membership; duties; compensation

36-495.16.
Environmental laboratory advisory committee;  membership;  duties;  compensation
A. The environmental laboratory advisory committee is established consisting of members selected by the director. The director shall select members who represent a variety of persons affected by this article. Committee members serve at the pleasure of the director.
B. The committee shall advise the director regarding the adoption of rules and other issues affecting environmental testing laboratories and shall make recommendations regarding interpretive guidelines necessary to properly administer the provisions of this article.
C. Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-502 - Powers and duties of the director of AHCCCS; rules; expenditure limitation

36-502.
Powers and duties of the director of AHCCCS;  rules;  expenditure limitation
A. The director shall make rules that include standards for agencies other than the state hospital when providing services and shall prescribe forms as may be necessary for the proper administration and enforcement of this chapter. The rules shall be applicable to patients admitted to or treated in agencies,  other than the state hospital,  as set forth in this chapter and shall provide for periodic inspections of such agencies.
B. The director shall make rules concerning the admission of patients and the transfer of patients between mental health treatment agencies other than the state hospital. A patient undergoing court-ordered treatment may be transferred from one mental health treatment agency to another in accordance with the rules of the director,  subject to the approval of the court.
C. The director may make rules concerning leaves,  visits and absences of patients from evaluation agencies and mental health treatment agencies other than the state hospital.
D. The total amount of state monies that may be spent in any fiscal year by the administration for mental health services pursuant to this chapter may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter does not impose a duty on an officer,  agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-502.01 - Powers and duties of director of the department of health services; rules; expenditure limitation

36-502.01.
Powers and duties of director of the department of health services;  rules;  expenditure limitation
A. The director of the department shall make rules that include standards for the state hospital when providing services as an evaluation agency or mental health agency and shall prescribe forms as may be necessary for the proper administration and enforcement of those responsibilities. The rules shall be applicable to patients admitted to,  evaluated by or treated in the state hospital as set forth in this chapter and shall provide for periodic inspections of the state hospital.
B. The director of the department shall make rules concerning the admission of patients to the state hospital and the transfer of patients between the state hospital and other mental health treatment agencies. A patient undergoing court-ordered treatment may be transferred between the state hospital and another mental health treatment agency in accordance with the rules of the director of the department,  subject to the approval of the court. The director of the department shall consult with the director of the administration on rules relating to transfers to and from the state hospital and other mental health treatment agencies.
C. The director of the department may make rules concerning leaves,  visits and absences of patients from the state hospital.
D. The total amount of state monies that may be spent in any fiscal year by the department for mental health services pursuant to this chapter may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter does not impose a duty on an officer,  agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-503 - Medical director of evaluation agency or mental health treatment agency; deputy

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 of the governing body of the agency,  any qualified psychiatrist or licensed 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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-503.01 - Duty of attorney general or county attorney

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 mental health treatment agency,  the attorney general or the county attorney for the county in which the proceeding is initiated,  as the case may be,  shall represent the individual or agency in any judicial proceeding for involuntary detention or commitment and shall defend all challenges to such detention or commitment.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-503.02 - Apprehension and transportation by authorized transporters; immunity

36-503.02.
Apprehension and transportation by authorized transporters;  immunity
A. When in any section of articles 4 and 5 of this chapter,  a court,  a person,  an evaluation agency or a mental health treatment agency is allowed to authorize,  request or order the apprehension and transportation of a patient or proposed patient by a peace officer to an evaluation agency or mental health treatment agency,  the court,  person,  evaluation agency or mental health treatment agency may authorize the apprehension and transportation by an authorized transporter if available in the city,  town or county if there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported by an authorized transporter without the assistance of a peace officer.
B. Any person who provides a court,  a person,  an evaluation agency or a mental health treatment agency authorized to request or order the apprehension and transportation of a patient or proposed patient with facts and circumstances or expresses an opinion that there may be reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported to an evaluation agency or mental health treatment agency by an authorized transporter without the assistance of a peace officer,  the court,  the person,  the evaluation agency or the mental health treatment agency that authorizes the use of an authorized transporter and the authorized transporter that apprehends and transports the patient or proposed patient to an evaluation agency or mental health treatment agency pursuant to an authorization,  request or order issued under this chapter are not subject to civil liability for the apprehension or transportation. This liability exclusion does not apply to a person who acts with gross negligence.
C. This chapter does not require a city,  town or county to contract with an authorized transporter to provide services pursuant to this chapter instead of a peace officer. A city,  town or county that enters into a contract with an authorized transporter is financially responsible for the contracted services provided pursuant to this chapter by the authorized transporter.
D. For the purposes of this chapter,  an evaluation agency or mental health treatment agency authorizing the use of an authorized transporter is not financially responsible for the use of the authorized transporter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-503.03 - Civil commitment treatment population; cap

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 36-206,  subsection D. The Arizona state hospital or the department of health services is not required to provide civil commitment treatment that exceeds the funded capacity. If the Arizona state hospital reaches its funded capacity in civil commitment treatment programs,  the superintendent of the state hospital shall establish a waiting list for admission based on the date of the court order issued pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-504 - Notice of patients' rights; notification to family

36-504.
Notice of patients' 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 the director specifies by rule. A list of patients' rights as required by this chapter and by the administration shall be compiled and published by the director by rule. The list shall be prominently posted in English and Spanish in all facilities providing evaluation or treatment. A patient's rights shall otherwise be brought to the attention of the patient as this chapter requires or the director may direct by rule.
B. An agency that is evaluating,  examining or treating a person pursuant to article 4 or 5 of this chapter shall immediately notify the person's guardian or,  if none,  a member of the person's family that the person is being treated in the agency. If the person has an agent appointed pursuant to chapter 32 of this title,  the agency shall notify that agent. If the agency is unable to learn the identity of or to contact the guardian or member of the person's family,  it shall document every attempt that was made to comply with the notification. The agency shall release any further information only after the treating professional or that person's designee interviews the person undergoing treatment or evaluation to determine whether or not release is in that person's best interests. A decision to release or withhold information is subject to review pursuant to section 36-517.01. The treating agency shall record the name of a person to whom any information is given.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-506 - Civil rights not impaired; discrimination prohibited

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 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 36-512.
B. 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:
1. Seeking employment.
2. Resuming or continuing professional practice or previous occupation.
3. Obtaining or retaining housing.
4. 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.
C. " 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.
D. Upon discharge from any treatment or evaluation agency,  the patient shall be given written notice of the provisions of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-507 - Patient's rights to privacy and to personal possessions

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 photographed without consent of the person and the person's attorney or guardian,  except that the person may 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.
3. Has the right to examine the written treatment program and the medical record,  unless the attending physician or the physician's designee who is a health professional as defined in section 32-3201 determines that such an examination is contraindicated or the requirements of section 12-2293,  subsection B are met. If the attending physician or the physician's designee denies such an examination,  this determination shall be noted in the patient's medical record.
4. Has access to individual storage space for his private use while undergoing evaluation or treatment.
5. May wear the person's own clothing,  keep and use the person's own personal possessions including toilet articles and to keep and be allowed to spend a reasonable sum of the person's own money for the person's own needs and comfort. Notwithstanding section 36-516,  the director of the agency may deny the patient's rights under this paragraph if necessary to protect the safety of the patient or others. The denial shall be based on a written determination and entered into the patient's clinical record and that information shall be made available on request to the person or the person's attorney or guardian.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-508 - Disposition of patient's personal property

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 which cannot be used by the patient at the institution shall be placed under the control and management of the patient's guardian or conservator and,  if none,  of the patient's spouse or next of kin.
B. In the event the patient is without a guardian,  conservator,  spouse or next of kin,  or the spouse or next of kin refuses to take possession of the patient's personal property that cannot be used by the patient at the mental health treatment agency,  the mental health treatment agency shall provide reasonable facilities for the storage of the patient's personal property.
C. Upon application by any interested person,  the court shall enter an appropriate order for the protection of the proposed patient's property where no other alternatives exist to prevent the immediate loss or destruction of that property.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-509.01 - Case records; involuntary treatment hearings; confidentiality; definition

36-509.01.
Case records;  involuntary treatment hearings;  confidentiality;  definition
A. Except as otherwise provided by law,  court rule or court order,  the case records of and case information regarding a court proceeding brought under article 4 or 5 of this chapter are not open to public access or inspection.
B. The court,  for good cause shown,  may authorize the release of case records and case information regarding a court proceeding brought under article 4 or 5 of this chapter.
C. The supreme court may adopt appropriate rules to govern the access to the case records and case information regarding any court action or proceeding brought under article 4 or 5 of this chapter.
D. For the purposes of this section,  " case record"  has the same meaning as prescribed in rules of the supreme court.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-510 - Patient's compensation for work

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 is to benefit the mental health treatment agency 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 agency review procedures. The term " work"  does not mean matters of personal housekeeping or personal maintenance.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-510.01 - Notice; personal service of process

36-510.01.
Notice;  personal service of process
A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529,  subsection E. A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service the documents specified in section 36-536,  subsection D. Personal service shall be completed by a peace officer,  a process server or another person authorized by rule 4,  Arizona rules of civil procedure,  personally handing the documents to the person receiving service. The person who serves the specified documents must file a proof of service with the court that specifies the date,  time and manner of service.
B. A county,  city or town that employs peace officers may contract with a process server or another person authorized by rule 4,  Arizona rules of civil procedure,  to provide service pursuant to this section instead of service by a peace officer.
C. An evaluation agency is not financially responsible for serving the documents required by section 36-529,  subsection E or section 36-536,  subsection D.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-511 - Quality of treatment

36-511.
Quality of treatment
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,  every person undergoing evaluation or treatment pursuant to this chapter shall receive physical and psychiatric care and treatment,  delivered in a manner that allows the person's family members or guardian to participate in the care and treatment when appropriate,  for the full period the person is detained. The agency providing care and treatment shall keep a clinical record for each person that details all medical and psychiatric evaluations and all care and treatment received by the person.
B. An agency administering the care and treatment shall provide and make available to the guardian,  if one exists,  on request:
1. A written treatment program based on the individual needs of the person.
2. 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.
3. A full physical examination once a year.
4. Adequate medical treatment in the light of present medical knowledge in accordance with the results of these examinations.
C. An agency administering inpatient care and treatment,  in conjunction with the community treatment agency and before the release of a patient,  shall prepare a plan for the patient's care after release,  including arrangements for a place to live and an adequate program for necessary treatment and maintenance,  and shall provide the plan to the patient's guardian if one exists. The community treatment agency shall make a good faith effort to initiate treatment with a patient released from an inpatient facility.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-512 - Emergency medical care

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 the written opinion of the attending physician,  a true medical emergency exists and medical care and treatment including surgical procedures are necessary to save the life,  physical health,  eyesight,  hearing or member of the person,  the medical director of the agency may give consent to such medical care and treatment if time will not permit the obtaining of appropriate judicial authority. The patient's guardian,  if one exists,  shall be notified by the medical director of the giving of emergency medical care immediately.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-513 - Seclusion; restraint; treatment

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,  except that seclusion and mechanical or pharmacological restraints may be employed in the case of emergency for the safety of the person or others. A person undergoing treatment pursuant to article 5 of this chapter 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 and pursuant to regulations promulgated by the department. 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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-514 - Visitation; telephone; correspondence; religious freedom

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 physician or other health care professional,  guardian,  agent appointed pursuant to chapter 32 of this title,  attorney and clergyman or any other person,  subject to reasonable limitations as the individual in charge of the agency may direct.
2. To have reasonable access to telephones between the hours of 9:00 a.m. and 9:00 p.m. to make and receive confidential calls. In addition,  a person who is confined pursuant to this title is allowed to make two completed local telephone calls within two hours of initial confinement. Long-distance calls are allowed if the patient can pay the agency for them or can properly charge them to another number. The agency may restrict the telephone privileges of a patient if it is notified by the person receiving the calls that the person is being harassed by the calls and wishes them curtailed or halted. Restriction of telephone privileges shall be entered into the patient's clinical record and the information in the record shall be made available on request to the person and that person's attorney,  guardian or agent appointed pursuant to chapter 32 of this title.
3. To be furnished with reasonable amounts of stationery and postage and to be permitted to correspond by mail without censorship with any person.
4. To enjoy religious freedom and the right to continue the practice of the person's religion in accordance with its tenets during the detainment,  except that this right may not interfere with the operation of the agency.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-515 - Limitation of liability; false application; classification

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 to this chapter is not subject to civil or criminal liability for such act.
B. Any person who knowingly makes a false statement of a material fact with the intent to cause another to be confined under this chapter is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-516 - Violation of person's rights

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 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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-517.01 - Review of decisions regarding release of treatment information; notice; appeal; immunity

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 review the treating professional's decision to release or withhold information requested pursuant to section 36-504,  subsection B or section 36-509,  subsection A,  paragraph 7. The agency shall inform a person whose request is denied of his right to a review when it notifies that person of its decision. The agency director or his designee shall conduct the review within five business days after the request for review is made. The review shall include an interview of the person undergoing evaluation or treatment. The agency shall make a decision to uphold or reverse the treating professional's decision within five business days after initiating the review. The agency shall bear the costs of conducting the review. Agency review pursuant to this section does not apply to a decision to release or withhold information made by a nonagency treating professional.
B. A final agency decision made pursuant to subsection A of this section or a decision to release or withhold information made by a nonagency treating professional is subject to judicial review by filing a petition in the superior court within five business days after the agency or nonagency treating professional issues its decision. The court shall hold a hearing on the petition within five business days after the petition is filed. The agency or nonagency treating professional shall not release any treatment information during the period an appeal may be filed or is pending.
C. An agency or nonagency treating professional that makes a decision to release or withhold treatment information in good faith pursuant to section 36-504,  subsection B or section 36-509,  subsection A,  paragraph 7 is not subject to civil liability for this decision.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-517.02 - Limitation of liability; exception; discharge of duty; immunity for disclosure

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 harm to a person caused by a patient,  unless both of the following occur:
1. The patient has communicated to the mental health provider an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims,  and the patient has the apparent intent and ability to carry out such threat.
2. The mental health provider fails to take reasonable precautions.
B. Any duty owed by a mental health provider to take reasonable precautions to prevent harm threatened by a patient is discharged by all of the following:
1. Communicating when possible the threat to all identifiable victims.
2. Notifying a law enforcement agency in the vicinity where the patient or any potential victim resides.
3. Taking reasonable steps to initiate proceedings for voluntary or involuntary hospitalization,  if appropriate.
4. Taking any other precautions that a reasonable and prudent mental health provider would take under the circumstances.
C. Whenever a patient has explicitly threatened to cause serious harm to a person or whenever a mental health provider reasonably concludes that a patient is likely to do so,  and the mental health provider,  for the purpose of reducing the risk of harm,  discloses a confidential communication made by or relating to the patient,  the mental health provider shall be immune from liability resulting from such disclosure.
D. This section shall not limit and shall be in addition to any other statutory immunitites from liability of mental health providers or mental health treatment agencies as otherwise provided by law.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-518.01 - Case review of voluntary admission of minor

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 ten days. The review shall establish the appropriateness of continued placement in a mental health agency according to progress in care and the expected benefits of continued inpatient care and treatment. The review shall include an interview with the minor.
B. The medical director shall state in writing in the minor's clinical record the reasons for continued inpatient care and the objectives desired. The records of the review shall be available to the parent or guardian on request. When the child is a ward of the juvenile court or in custody pursuant to title 8,  the case review record shall be forwarded promptly to the juvenile court and the court-appointed custodian of the child.
C. For purposes of this section and section 36-518,  " mental health agency"  and " medical director of a mental health agency"  are as defined in section 8-201.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-519 - Discharge of voluntary patients

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,  care or treatment available,  except as provided in subsection B of this section.
B. Upon written request by a patient admitted pursuant to section 36-518,  subsection A or by the parent,  guardian or custodian of a patient admitted pursuant to section 36-518,  subsection C,  the patient shall be given a discharge within twenty-four hours after the request,  excluding weekends or holidays unless the medical director of the agency has proceeded pursuant to section 36-531,  subsections B and C and section 36-533. The costs of such proceedings shall be a charge against the county of the patient's residence.
C. If the medical director of the agency finds that a patient admitted voluntarily is a person with a grave disability and requires the service of a guardian or conservator or both for the protection of health and property,  he shall proceed pursuant to section 36-531,  subsections B and C and section 36-533 unless it is appropriate to discharge the patient to suitable alternative arrangements for care,  treatment and protection.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-521.01 - Considerations for screening, evaluation and involuntary treatment

36-521.01.
Considerations for screening,  evaluation and involuntary treatment
A. A person who has a substance use disorder without any co-occurring mental disorder may not be considered for involuntary treatment pursuant to article 5 of this chapter. A person who initially presents with impairments consistent with both a mental disorder and a substance use disorder is eligible for screening and evaluation pursuant to this article,  and that person may be eligible for involuntary treatment pursuant to article 5 of this chapter if,  after considering the person's history,  an appropriate assessment of the person's current presentation,  and a reasonable period of time to rule out substance abuse as the primary cause of the alleged behavior,  the person's presentation is consistent with a mental disorder that would benefit from treatment.
B. A person who has an intellectual disability may not be considered for involuntary treatment pursuant to article 5 of this chapter unless,  in addition to the intellectual disability,  the person has a mental disorder that would benefit from treatment.
C. A person who presents with declining mental abilities that directly accompany impending death may not be considered for involuntary treatment pursuant to article 5 of this chapter.
D. A person with a character or personality disorder characterized by lifelong and deeply ingrained antisocial behavior patterns,  including sexual behaviors that are abnormal and prohibited by statute,  may not be considered for involuntary treatment pursuant to article 5 of this chapter unless the person also has a mental disorder that would benefit from treatment.
E. This section does not affect any time frames otherwise prescribed in this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-522 - Voluntary evaluations; consent; failure to complete; definitions

36-522.
Voluntary evaluations;  consent;  failure to complete;  definitions
A. On receipt of an application for court-ordered evaluation,  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 is unlikely to present a danger to self or others until the voluntary evaluation,  the evaluation agency provided for by the county,  or a licensed behavioral health provider selected by the proposed patient,  shall be immediately notified by the evaluation agency and shall provide a voluntary evaluation of the proposed patient at a scheduled time and place within ten days after the notice. The voluntary evaluation may be on an inpatient or outpatient basis and on completion shall be immediately delivered to the evaluation agency provided for by the county. The evaluation agency provided for by the county shall confirm receipt of the voluntary evaluation. If the voluntary evaluation recommends that the patient receive a court-ordered evaluation,  the recommendation must be accompanied with an application for court-ordered evaluation.
B. Voluntary inpatient evaluation is subject to article 3 of this chapter.
C. Voluntary outpatient evaluation shall conform to the requirements of section 36-530,  subsection D and section 36-531,  subsections B,  C and D and shall proceed only after the person to be evaluated has given consent to be evaluated by signing a form prescribed by the director that includes information to the proposed patient that the patient-physician privilege does not apply and that the evaluation may result in a petition for the person to undergo court-ordered treatment or for guardianship.
D. If the person who requested a voluntary evaluation does not appear or does not complete the appointments scheduled,  the evaluation agency provided for by the county shall be immediately notified by the provider who was to conduct the evaluation. The evaluation agency shall then provide prepetition screening of the application for court-ordered evaluation in accordance with sections 36-521 and 36-521.01.
E. For the purposes of this section:
1. " Licensed behavioral health provider"  means any of the following:
(a) A person who is licensed pursuant to title 32,  chapter 33 and whose scope of practice allows the person to either:
(i) Independently engage in the practice of behavioral health.
(ii) Except for a licensed substance abuse technician,  engage in the practice of behavioral health under direct supervision.
(b) A psychiatrist.
(c) A psychologist who is licensed pursuant to title 32,  chapter 19.1.
(d) A registered nurse practitioner who is licensed pursuant to title 32,  chapter 15 and who is certified as an adult psychiatric and mental health nurse.
2. " Practice of behavioral health"  has the same meaning prescribed in section 32-3251.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-525 - Apprehension and transportation by peace officers; immunity

36-525.
Apprehension and transportation by peace officers;  immunity
A. If the procedures set forth in section 36-524 are not available,  a peace officer may take into custody any individual the peace officer has probable cause to believe is,  as a result of mental disorder,  a danger to self or others,  and if 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. The peace officer shall transport the person to a screening agency unless the person's condition or the agency's location or hours makes such transportation impractical,  in which event the person shall be transported to an evaluation agency. A peace officer is not held civilly liable for any acts committed by a person whom the peace officer has not taken into custody pursuant to this section.
B. If apprehension takes place on or about the premises of the apprehended person,  the officer shall take reasonable precautions to safeguard the premises and the property on the premises,  unless the property and premises are in the possession of a responsible relative or guardian.
C. A peace officer who makes a good faith effort to follow the requirements of this section is not subject to civil liability.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-526 - Emergency admission; examination; petition for court-ordered evaluation

36-526.
Emergency admission;  examination;  petition for court-ordered evaluation
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 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 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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-527 - Discharge and release; relief from civil liability

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 a petition for court-ordered evaluation is filed.
B. A person admitted for emergency evaluation may be released at any time if,  in the opinion of the medical director in charge of the evaluation agency,  release is appropriate. The medical director shall not be held civilly liable for any acts committed by a released patient if the medical director has in good faith followed the requirements of this article. The patient may continue care and treatment in the agency if he signs a voluntary application.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-528 - Emergency patients; duties of agency; notification of family member; right to counsel

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 treated for his mental disorder without his express consent,  except that seclusion and mechanical or pharmacological restraints may be employed as emergency measures for the safety of the person or others pursuant to section 36-513.
B. At the time a person is taken into custody for emergency evaluation,  the medical director in charge of the evaluation agency shall,  subject to the provisions of section 36-504,  notify the person's guardian or,  if none,  a member of the family other than a person who has made application for emergency evaluation,  if known,  of the person's presence at the agency.
C. At the earliest time possible during the evaluation,  the agency shall inquire into the need to safeguard and preserve the person's personal property or premises. If no responsible relative or guardian is in possession of the property or premises it shall proceed pursuant to the provisions of section 36-508,  subsection C.
D. The person detained shall be informed of his rights as stated in this section and in article 2 of this chapter,  including the right to consult an attorney. He shall be advised that if he cannot employ an attorney,  the court will appoint one for him. The person shall be advised that if a petition for evaluation is filed,  the court will appoint the person an attorney to consult with and,  if he cannot employ his own counsel,  to represent him.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-530 - Evaluation and treatment

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 the provisions of sections 36-512 and 36-513 concerning the person's right to refuse treatment,  receive care and treatment as required by his condition for the full period that he is hospitalized. A clinical record shall be kept for each person which details all medical and psychiatric evaluations and all care and treatment received by the person.
B. A person receiving an evaluation on an inpatient basis will remain in the facility during the evaluation,  which shall be completed in less than seventy-two hours.
C. A person being evaluated on an outpatient basis will not remain in the facility overnight but will be examined during the usual outpatient working hours of the facility on a schedule of appointments. The evaluation will be completed not later than the fourth day after the first appointment,  excluding Saturdays,  Sundays and holidays.
D. If a person who has been directed by court order to appear for evaluation does not appear,  or in the case of an outpatient evaluation does not complete the appointments scheduled,  the evaluation agency shall notify the court and the person's guardian,  if any,  of the known facts and circumstances and,  if appropriate,  request that the court order the patient taken into custody for evaluation on an inpatient basis.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-531 - Evaluation; possible dispositions; release

36-531.
Evaluation;  possible dispositions;  release
A. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released if,  in the opinion of the medical director of the agency,  further evaluation is not appropriate unless the person applies for further care and treatment on a voluntary basis.
B. If it is determined on an evaluation of the patient's condition that the patient is,  as a result of a mental disorder,  a danger to self or to others or has a persistent or acute disability or a grave disability,  the medical director in charge of the agency that provided the evaluation,  unless the person applies for further care and treatment on a voluntary basis,  shall prepare,  sign and file a petition for court-ordered treatment unless the county attorney performs the functions of preparing,  signing or filing the petition as provided in subsection C of this section.
C. The agency may contact the county attorney to obtain assistance in preparing the petition for court-ordered treatment,  and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether court-ordered treatment is justified.
D. A person being evaluated on an inpatient basis in an evaluation agency shall be released within seventy-two hours,  excluding weekends and holidays,  from the time that the person is hospitalized pursuant to a court order for evaluation,  unless the person applies for further care and treatment on a voluntary basis or unless a petition for court-ordered treatment has been filed pursuant to subsection B of this section.
E. If a prosecutor filed a petition pursuant to section 13-4517,  the medical director of an evaluation agency shall provide notice within twenty-four hours to the court and the prosecuting agency of the medical director's intention to release the person under this section. If the person has been remanded to an evaluation agency pursuant to section 13-4517,  the evaluation agency shall detain the person for an additional twenty-four hours to allow for the provision of any required notices. The medical director shall provide the patient's records,  including medical and treatment records,  to the court and the prosecuting agency.
F. The administration may conduct jointly with a school district,  directly or indirectly,  an educational evaluation pursuant to sections 15-765 and 15-766 for nonadjudicated youth. The evaluation information may be shared by and among authorized personnel employed by the administration and the department of education,  or authorized personnel from the local education agency,  for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415).