Bill Text: AZ HB2408 | 2011 | Fiftieth Legislature 1st Regular | Engrossed
Bill Title: Outpatient treatment; agency notification
Spectrum: Partisan Bill (Republican 10-0)
Status: (Passed) 2011-04-26 - Governor Signed [HB2408 Detail]
Download: Arizona-2011-HB2408-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2408 |
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AN ACT
Amending sections 36-540.01 and 36-541.01, Arizona Revised Statutes; relating to court-ordered treatment.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-540.01, Arizona Revised Statutes, is amended to read:
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 consultation with staff familiar with the patient's case history, the medical director determines with a reasonable degree of medical probability that all of the following apply:
1. The patient no longer requires continuous inpatient hospitalization.
2. The patient will be more appropriately treated in an outpatient treatment program.
3. The patient will follow a prescribed outpatient treatment plan.
4. The patient will not likely become dangerous, suffer more serious physical harm or serious illness or further deteriorate if the patient follows a prescribed outpatient treatment plan.
B. The order for conditional outpatient treatment issued by the medical director shall include a written outpatient treatment plan prepared by staff familiar with the patient's case history and approved by the medical director. The plan shall include all of the following:
1. A statement of the patient's requirements, if any, for supervision, medication and assistance in obtaining basic needs such as employment, food, clothing or shelter.
2. The address of the residence where the patient is to live and the name of the person in charge of the residence, if any.
3. The name and address of any person, agency or organization assigned to supervise an outpatient treatment plan or care for the patient, and the extent of authority of the person, agency or organization in carrying out the terms of the plan.
4. The conditions for continued outpatient treatment, which may require periodic reporting, continuation of medication and submission to testing, and may restrict travel, consumption of spirituous liquor and drugs, associations with others and incurrence of debts and obligations or such other reasonable conditions as the medical director may specify.
C. Before release for conditional outpatient treatment, the patient shall be provided with copies and full explanations of the medical director's order and the treatment plan. If, after full explanation, the patient objects to the plan or any part of it, the objection and reasons for the objection shall be noted in the patient's record. The medical director's order and treatment plan shall be filed in the patient's medical file and shall also be filed with the court.
D. The period for which conditional outpatient treatment may be ordered may not exceed the remainder of the period of court ordered treatment.
E. Before the release of a patient found to be a danger to others for outpatient treatment, the medical director shall give notice pursuant to section 36‑541.01, subsection B and a motion for a determination by the court as to whether the standard for conditional release of the patient has been met may be made by the persons and in the manner provided for in section 36‑541.01, subsection G H. Before the release of a person found to be a danger to self, to be persistently or acutely disabled or to be gravely disabled for outpatient treatment, the medical director shall give notice to the court that ordered the patient to undergo treatment. if criminal charges against a patient involving death or serious physical injury or a violation of title 13, chapter 14 are dismissed pursuant to section 13-4517, the medical director shall notify the prosecuting agency if a civil commitment order issued pursuant to this chapter expires or is terminated, or if the patient is discharged to outpatient treatment. The medical director shall provide this notice by mail at least five days before the anticipated date of the expiration, Termination or discharge.
F. The medical director shall require periodic reports concerning the condition of patients on conditional outpatient treatment from any person, agency or organization assigned to supervise an outpatient treatment plan. Such The medical director shall require these reports shall be required at intervals not to exceed thirty days.
G. The medical director shall review the condition of a patient on conditional outpatient treatment at least once every thirty days and enter the findings in writing in the patient's file. In conducting the review, the medical director shall consider all reports and information received and may require the patient to report for further evaluation.
H. The medical director may amend any part of the outpatient treatment plan during the course of conditional outpatient treatment. If the plan is amended, the medical director shall issue a new order including the amended outpatient treatment plan. The new order and amended outpatient treatment plan shall be filed in the patient's medical file. Copies of the new order and outpatient treatment plan shall be immediately provided to the patient and to any person, agency or organization assigned to supervise an outpatient treatment plan. Copies of the new order and outpatient treatment plan shall be immediately filed with the court.
I. The medical director may rescind an order for conditional outpatient treatment and order the patient to return to a mental health treatment agency at any time during the period of court ordered treatment if, in the medical director's judgment, the patient has failed to comply with a term of the outpatient treatment plan or if, for any reason, the medical director determines that the patient needs inpatient treatment or that conditional outpatient treatment is no longer appropriate.
J. If the medical director rescinds an order for conditional outpatient treatment and the patient is returned to a mental health treatment agency for inpatient treatment, the patient shall be informed of the patient's right to judicial review and right to consult with counsel pursuant to section 36‑546.
K. If the medical director rescinds an order for conditional outpatient treatment and orders the patient to return to a mental health treatment agency, the medical director may request a peace officer or a designated officer or employee of the treatment agency to take the patient into custody for immediate delivery to the agency pursuant to section 36‑544.
L. The medical director is not civilly liable for any act committed by a patient while on conditional outpatient treatment if the medical director has in good faith followed the requirements of this section.
M. This section does not prevent the medical director from authorizing a patient ordered to undergo treatment pursuant to section 36‑540 as a danger to self, a danger to others, persistently or acutely disabled or gravely disabled to leave the treatment agency for periods of no more than five days under the care, custody and control of a spouse, relative or other responsible person if the medical director determines that the patient will not become dangerous or suffer serious physical harm or illness during that time.
N. The medical director may authorize a patient who is civilly committed pursuant to section 36‑540 to leave the state hospital grounds unaccompanied if the leave is part of an inpatient individualized treatment and discharge plan, and if the medical director determines that the patient will not become dangerous or suffer serious physical harm or illness during that time.
Sec. 2. Section 36-541.01, Arizona Revised Statutes, is amended to read:
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 prior to before the expiration of the period ordered by the court if, in the opinion of the medical director of the mental health treatment agency, the patient no longer is, as a result of a mental disorder, a danger to others, a danger to self, persistently or acutely disabled or gravely disabled. No A person ordered to undergo treatment as a danger to others may not be released or discharged from treatment prior to before the expiration of the period for treatment ordered by the court unless the medical director first gives notice of intention to do so as provided by this section.
B. Prior to Before the release or discharge of a patient ordered to undergo treatment as a danger to others, the medical director of the mental health treatment agency shall give notice of his notify the following of the medical director's intention to release or discharge the patient: . Notice shall be given to
1. The presiding judge of the court which that entered the order for treatment. ,
2. Any relative or victim of the patient who has filed a demand for notice with the treatment agency. and
3. Any person found by the court to have a legitimate reason for receiving such notice.
C. If criminal charges against a patient involving death or serious physical injury or a violation of title 13, chapter 14 are dismissed pursuant to section 13-4517, the medical director shall notify the prosecuting agency if a civil commitment order issued pursuant to this chapter expires or is terminated, or if the patient is discharged to outpatient treatment. the medical director shall provide this notice by mail at least five days before the anticipated date of the expiration, termination or discharge.
C. D. If the director of the mental health treatment agency is unable to determine, based upon on the information submitted pursuant to subsection D E, that a person who has filed a demand for notice is a victim he the director shall inform that person that his that person's demand for notice is denied and that notice will not be given unless ordered by the court pursuant to subsection E F.
D. E. A demand for notice by a relative or victim, and a petition for notice by other persons, shall be on a form prescribed by the department and shall include the following information:
1. The full name of the person to receive notice.
2. The address to which notice is to be mailed.
3. The telephone number of the person to receive notice.
4. The relationship to the patient, if any, or the reasons why the person believes he the person has a legitimate reason to receive notice.
5. A statement that the person will advise the treatment agency in writing by certified mail, return receipt requested, of any change in the address to which notice is to be mailed.
6. The full name of the patient ordered to undergo treatment as a danger to others.
7. The mental health number assigned to the case by the superior court.
E. F. If the court receives a demand for notice by a relative or victim, the court shall order the medical director of the mental health treatment agency not to release or discharge the patient before the expiration of the period of court‑ordered treatment without first giving notice to the relative or victim as provided in subsection F G. After considering a petition for notice, if the court finds that the petitioner has a legitimate reason for receiving prior notice, the court may order the medical director of the mental health treatment agency not to release or discharge the patient from inpatient treatment before the expiration of the period of court‑ordered treatment without first giving notice to the petitioner as provided in subsection F G. Any order for notice shall be delivered to the mental health treatment agency and shall be filed with the patient's clinical record. If the patient is transferred to another agency or institution, any orders for notice shall be transferred with the patient.
F. G. A notice of intention to release or discharge shall include the following information:
1. The name of the patient to be released or discharged.
2. The type of release or discharge.
3. The date of anticipated release or discharge. Notices shall be placed in the mail, postage prepaid and addressed to the court and to each person for whom notice has been ordered, at least ten days before the date of intended release or discharge except notice shall be sent to the prosecuting agency at least five days before the date of intended release or discharge. For purposes of computing the ten‑day notice requirement, the day of mailing shall not be counted.
G. H. Any person for whom prior notice is required pursuant to this section, or the court, may make a motion within the ten‑day notification period which that requires the court to determine whether the standard for release of the patient prior to before the expiration of the period for court‑ordered treatment has been met. A determination that the standard for release has been met may be made by the court based on a review of the record and any affidavits submitted without further hearing. For good cause, the court may order an evidentiary hearing. Whether or not a hearing is held, the court shall make a determination at the earliest possible time but no longer than three weeks after the anticipated date of release pursuant to subsection F G, and the patient shall be retained for the additional time required for the court's determination. In making its determination the court may order an independent examination of the patient. If no a motion is not made, the patient may be released in accordance with the terms set forth in the notice without further court order.
H. I. If no a motion has not been made pursuant to subsection G H, the patient may be released or discharged and the medical director of the mental health treatment agency shall send to the court a certificate that the patient is no longer a danger to others, a danger to self, persistently or acutely disabled or gravely disabled as the result of a mental disorder and therefore is released prior to before the expiration of the period ordered for treatment. The court shall enter an order terminating the patient's court‑ordered treatment.
I. J. The medical director of the mental health treatment agency shall not be held civilly liable for any acts committed by a patient released prior to before the expiration of the period of court‑ordered treatment if the medical director has in good faith followed the requirements of this section.
