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 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.
2. "Chief medical officer" means the chief medical officer under the supervision of
the superintendent of the state hospital.
3. "Contraindicated" means that access is reasonably likely to endanger the life or
physical safety of the patient or another person.
4. "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.
5. "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.
6. "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 gravely
disabled.
7. "Department" means the department of health services.
8. "Deputy director" means the deputy director of the division of behavioral health
in the department of health services.
9. "Detention" means the taking into custody of a patient or proposed patient.
10. "Director" means the director of the department.
11. "Division" means the division of behavioral health in the department.
12. "Evaluation" means a professional multidisciplinary analysis based on data
describing the person's identity, biography and medical, psychological and social
conditions carried out by a group of persons consisting of not less than the following:
(a) Two licensed physicians, who shall be qualified psychiatrists, if possible, or
at least experienced in psychiatric matters and 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.
(b) Two other individuals, one of whom, if available, shall be 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.
13. "Evaluation agency" means a health care agency that is licensed by the
department and that has been approved pursuant to this title, providing those services
required of such agency by this chapter.
14. "Examination" means an exploration of the person's past psychiatric history and
of the circumstances leading up to the person's presentation, a psychiatric exploration
of the person's present mental condition and a complete physical examination.
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. "Gravely disabled" 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 Arizona
health care cost containment system administration or a regional behavioral health
authority under contract with the department.
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 selected by the person to be evaluated or by
such person's attorney.
21. "Informed consent" means a voluntary decision following 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 mental
retardation, 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 involved in evaluating, caring for, treating or rehabilitating
a patient.
28. "Mental health treatment agency" means the state hospital or a health care
agency that is licensed by the department and that provides those services that are
required of the agency by this chapter.
29. "Outpatient treatment" or "combined inpatient and outpatient treatment" means
any treatment program not requiring continuous inpatient hospitalization.
30. "Outpatient treatment plan" means a treatment plan that does not require
continuous inpatient hospitalization.
31. "Patient" means any person 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. "Persistently or acutely disabled" means a severe mental disorder that meets all
the following criteria:
(a) 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 that
significantly impairs judgment, reason, behavior or capacity to recognize reality.
(b) 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.
(c) 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 such
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
division that have been approved by the director or 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. "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.
39. "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.
40. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and
who is experienced in the practice of clinical psychology.
41. "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.
42. "Screening agency" means a health care agency that is licensed by the department
and that provides those services required of such agency by this chapter.
43. "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.
44. "State hospital" means the Arizona state hospital.
45. "Superintendent" means the superintendent of the state hospital.
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