SB 1244 — court-ordered treatment; continuation

Fifty-seventhSenate LegislatureEngrossed Judiciarycourt-ordered andtreatment; Elections Second Regular Session S.B.

1244continuation PROPOSEDState of Arizona Senate Fifty-seventh Legislature Second Regular Session SENATE AMENDMENTSBILL TO1244 S.B.AN ACT AMENDING SECTIONS 36-504.01, 36-542 AND 36-543, ARIZONA REVISED STATUTES;

1244AMENDING (ReferenceTITLE to36, printedCHAPTER bill)5, AmendmentARTICLE instruction5, key:ARIZONA REVISED STATUTES, BY ADDING SECTION 36-543.01;

[GREENRELATING UNDERLININGTO INMENTAL BRACKETS]HEALTH indicatesSERVICES. text added to statute or previously enacted session law.

[Green(TEXT underliningOF inBILL brackets]BEGINS indicatesON textNEXT addedPAGE) to- newi session- lawBe orit textenacted restoringby existingthe law.Legislature of the State of Arizona:

[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

immunity SenateA. Amendments to S.B.

1244 A.

- 1 - C.

If the medical director OF THE MENTAL HEALTH TREATMENT AGENCY believes that a continuation of court-ordered RENEWAL OF THE COURT ORDER FOR treatment is appropriate, the medical director of the mental health treatment agency -2-shall Senateappoint Amendmentsone or more psychiatrists to S.B.carry out a psychiatric examination of the patient.

1244 shall appoint one or more psychiatrists to carry out a psychiatric examination of the patient.

In evaluating the patient's need for continued court-ordered RENEWAL OF THE COURT ORDER FOR treatment, the examiner must consider, along with all other evidence, the patient's history before and during the current period of court-ordered treatment, the patient's compliance with recommended treatment and any other evidence - 2 - relevant to the patient's ability and willingness to follow recommended treatment with or without a court order.

If the patient is under guardianship, the -3-medical Senatedirector AmendmentsOF THE MENTAL HEALTH TREATMENT AGENCY shall mail a copy of the application to S.B.the patient's guardian.

1244 medical director OF THE MENTAL HEALTH TREATMENT AGENCY shall mail a copy of the application to the patient's guardian.

Within ten days after appointment, an attorney appointed pursuant to this subsection, to the extent possible, shall fulfill the duties imposed pursuant to section 36-537, review the medical director's report OF THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY and the patient's medical records, interview any physician who prepared a report on the annual review and file a response requesting a hearing or - 3 - submitting the matter to the court for a ruling based on the record without a hearing.

If the court finds that the patient's needs can be -4-adequately Senatemet Amendmentsby an existing guardian with the additional powers pursuant to S.B.section 14-5312.01 and that a court order for treatment is not necessary to ensure compliance with necessary treatment, the court may terminate the court order for treatment or decline to issue an order continuing court-ordered FOR RENEWAL OF THE COURT ORDER FOR treatment.

1244 adequately met by an existing guardian with the additional powers pursuant to section 14-5312.01 and that a court order for treatment is not necessary to ensure compliance with necessary treatment, the court may terminate the court order for treatment or decline to issue an order continuing court-ordered FOR RENEWAL OF THE COURT ORDER FOR treatment.

The appointee may include a court-appointed guardian ad litem, a court-appointed investigator pursuant to section - 4 - 14-5308 or the public fiduciary if there is no person willing and qualified to act in that capacity.

burden of proof -5-A. Senate Amendments to S.B.

1244AFTER A.CONDUCTING A PATIENT'S SECOND CONSECUTIVE ANNUAL REVIEW AS PRESCRIBED IN SECTION 36-543, SUBSECTION A, IF THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY BELIEVES THAT AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT IS APPROPRIATE, THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY SHALL APPOINT ONE OR MORE PSYCHIATRISTS TO CARRY OUT A PSYCHIATRIC EXAMINATION OF THE PATIENT AND SUBMIT A REPORT AS SET FORTH IN SECTION 36-543 AND SHALL REQUEST THE EXAMINER TO PROVIDE AN - 5 - OPINION ABOUT THE ISSUES SET FORTH IN SUBSECTION C OF THIS SECTION IN ADDITION TO THE REPORTING REQUIREMENTS PRESCRIBED IN SECTION 36-543, SUBSECTION B.

AFTER CONDUCTING A PATIENT'S SECOND CONSECUTIVE ANNUAL REVIEW AS PRESCRIBED IN SECTION 36-543, SUBSECTION A, IF THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY BELIEVES THAT AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT IS APPROPRIATE, THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY SHALL APPOINT AN APPROPRIATE MEDICAL PROFESSIONAL TO CARRY OUT A PSYCHIATRIC EXAMINATION OF THE PATIENT AND SUBMIT A REPORT AS SET FORTH IN SECTION 36-543 AND SHALL REQUEST THE EXAMINER TO PROVIDE AN OPINION ABOUT THE ISSUES SET FORTH IN SUBSECTION D OF THIS SECTION IN ADDITION TO THE REPORTING REQUIREMENTS PRESCRIBED IN SECTION 36-543, SUBSECTION B.

AFTER RECEIVING THE REPORT PURSUANT TO SUBSECTION A OF THIS SECTION, IF THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY BELIEVES THAT AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT IS APPROPRIATE, AT LEAST THIRTY DAYS BEFORE THE EXPIRATION OF THE COURT ORDER FOR TREATMENT, THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY SHALL FILE WITH THE COURT AN APPLICATION FOR A CONVERSION TO AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT ALLEGING THE BASIS FOR THE APPLICATION AND SHALL FILE SIMULTANEOUSLY WITH THE APPLICATION ANYTHE REPORT FROM ATHE PSYCHIATRIC EXAMINATION PERFORMED AS PART OF THE ANNUAL REVIEW CONDUCTED PURSUANT TO SECTIONSUBSECTION 36-543,A SUBSECTIONOF A.THIS SECTION.

IF THE PATIENT DOES NOT HAVE AN ATTORNEY, THE COURT SHALL APPOINT AN ATTORNEY TO REPRESENT THE PATIENT.

SECTION 36-543, SUBSECTION D APPLIES TO PROCEEDINGS FOR CONVERSION TO AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT.

D.

E.D.

F.E.

THE MAXIMUM PERIODS FOR INPATIENT TREATMENT THAT A COURT MAY ORDER PURSUANT TO SECTION 36-540, SUBSECTION F -6-DO SenateNOT AmendmentsAPPLY toTO S.B.AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT ISSUED PURSUANT TO THIS SECTION.

1244- DO6 NOT- APPLYF. TO AN ORDER FOR CONTINUING COURT-ORDERED TREATMENT ISSUED PURSUANT TO THIS SECTION.

G.WITHIN NINETY DAYS BEFORE THE ANNIVERSARY DATE OF THE ORDER FOR CONTINUING COURT-ORDERED TREATMENT, THE MEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT AGENCY SHALL CONDUCT AN ANNUAL REVIEW OF THE PATIENT AND SHALL FILE A WRITTEN ANNUAL REPORT WITH THE COURT.

THE ANNUAL REVIEWREPORT SHALL CONTAIN A SUMMARY OF THE ORDERTREATMENT FORPROVIDED CONTINUINGTO COURT-ORDEREDTHE TREATMENTPATIENT SHALLSINCE OCCURTHE ATLAST LEASTANNUAL THIRTYREVIEW DAYSAND BEFORETHE PATIENT'S COMPLIANCE WITH THE ANNIVERSARYTREATMENT DATEPROVIDED OR RECOMMENDED AND SHALL STATE THE OPINION OF THE MEDICAL DIRECTOR WHETHER THE ORDER FOR CONTINUING COURT-ORDERED TREATMENT.TREATMENT SHOULD REMAIN IN EFFECT OR WHETHER COURT-ORDERED TREATMENT SHOULD BE TERMINATED.

THEA MEDICALCOPY DIRECTOR OF THE MENTALANNUAL HEALTHREPORT TREATMENTSHALL AGENCYBE SHALLPROVIDED FILETO ATHE WRITTENPATIENT ANNUALAND REPORTTHE TOPATIENT'S ATTORNEY AND, IF THE COURTPATIENT THATIS INCLUDESUNDER GUARDIANSHIP, TO THE FOLLOWING:PATIENT'S GUARDIAN.

ON FILING THE ANNUAL REPORT, THE FOLLOWING APPLY:

ANIF EXAMINATIONTHE ANNUAL REPORT BYSTATES ATHAT PSYCHIATRISTIT ORIS PSYCHOLOGISTTHE [OR,OPINION INOF ATHE COUNTYMEDICAL WITHDIRECTOR AOF POPULATIONTHE OFMENTAL LESSHEALTH THANTREATMENT FIVEAGENCY HUNDREDTHAT THOUSANDTHE PERSONS,PATIENT'S BYCOURT-ORDERED ATREATMENT PHYSICIAN,SHOULD PHYSICIANBE ASSISTANTTERMINATED, ORTHE NURSEANNUAL PRACTITIONERREPORT EXPERIENCEDSHALL STATE THE BASIS FOR THAT OPINION, SHALL AFFIRM THAT IN PSYCHIATRICREACHING MATTERS]THAT WHOOPINION HASTHE REVIEWEDMEDICAL DIRECTOR OF THE MENTAL HEALTH TREATMENT RECORDSAGENCY OFCONSIDERED THE PATIENTPATIENT'S ENTIRE HISTORY OF ENGAGEMENT IN AND WHOCOMPLIANCE HASWITH CONDUCTEDTREATMENT ANORDERED EXAMINATIONOR OFRECOMMENDED THEAND PATIENTSHALL WITHINCONFIRM NINETYTHAT DAYSIT BEFOREIS THE ANNIVERSARYOPINION DATEOF THE MEDICAL DIRECTOR OF THE ORDERMENTAL FORHEALTH CONTINUINGTREATMENT COURT-ORDEREDAGENCY TREATMENT.THAT THE PATIENT IS BOTH WILLING AND ABLE TO ENGAGE IN AND FOLLOW ANY RECOMMENDED TREATMENT VOLUNTARILY.

A COPY OF THE ANNUAL REPORT SHALL BE PROVIDED TO THE PATIENT AND THE PATIENT'S ATTORNEY AND, IF THE PATIENT IS UNDER GUARDIANSHIP, TO THE PATIENT'S GUARDIAN.

THE GUARDIAN FOR THE PATIENT HAS THE RIGHT TO REQUEST A HEARING TO DETERMINE WHETHER THE STANDARD FOR RELEASE HAS BEEN MET AND TO REQUEST THAT AN INDEPENDENT EVALUATION OF THE PATIENT BE PERFORMED.