36-521. Preparation of petition for court-ordered evaluation; procedures for prepetition screening
A. On receiving the application for evaluation, the screening agency, before filing a petition for court-ordered evaluation, shall provide prepetition screening within forty-eight hours excluding weekends and holidays when possible to determine whether there is reasonable cause to believe the allegations of the applicant for the court-ordered evaluation, whether the person will voluntarily receive evaluation at a scheduled time and place and whether the person has a persistent or acute disability or a grave disability or is likely to present a danger to self or others until the voluntary evaluation.
B. After prepetition screening has been completed, the screening agency shall prepare a report of opinions and conclusions. If prepetition screening is not possible, the screening agency shall prepare a report giving reasons why the screening was not possible and including opinions and conclusions of staff members who attempted to conduct prepetition screening or otherwise investigated the matter.
C. If the prepetition screening report indicates that there exists no reasonable cause to believe the allegations of the applicant for the court-ordered evaluation, it shall be reviewed by the medical director of the screening agency or the medical director's designee.
D. If, based on the allegations of the applicant for the court-ordered evaluation and the prepetition screening report or other information obtained while attempting to conduct a prepetition screening, the agency determines that there is reasonable cause to believe that the proposed patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and that the proposed patient is unable or unwilling to voluntarily receive evaluation or is likely to present a danger to self or to others, has a grave disability or will further deteriorate before receiving a voluntary evaluation, the agency shall prepare a petition for court-ordered evaluation and shall file the petition, which shall be signed by the person who prepared the petition unless the county attorney performs these functions. If the agency determines that there is reasonable cause to believe that the person is in such a condition that without immediate hospitalization he is likely to harm himself or others, the agency shall take all reasonable steps to procure such hospitalization on an emergency basis.
E. The agency may contact the county attorney in order to obtain assistance in preparing the petition for court-ordered evaluation, and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether the court-ordered evaluation is justified.
F. The county attorney may prepare or sign or file the petition if a court has ordered the county attorney to prepare the petition.
G. If a petition for court-ordered evaluation alleges danger to others as described in section 36-501, the screening agency, before filing such a petition, shall contact the county attorney for a review of the petition. The county attorney shall examine the petition and make one of the following written recommendations:
1. That a criminal investigation is warranted.
2. That the screening agency shall file the petition.
3. That no further proceedings are warranted. The screening agency shall consider the recommendation in determining whether a court-ordered evaluation is justified and shall include the recommendation with the petition if the agency decides to file the petition with the court.
H. The petition shall be made in the form and manner prescribed by the director.
I. If a petition for court-ordered evaluation is filed by a prosecutor pursuant to section 13-4517, a prior application for court-ordered evaluation or prescreening is not necessary.
Structure Arizona Revised Statutes
Title 36 - Public Health and Safety
§ 36-102 - Department of health services; director; appointment; compensation
§ 36-103 - Department organization; deputy director; assistant directors
§ 36-103.01 - Governmental units succeeded; statutory references to succeeded governmental units
§ 36-105 - Information; state-federal cooperation
§ 36-106 - Acquisition of lands and buildings
§ 36-107 - Power to promulgate rules concerning confidential nature of records
§ 36-108 - Indirect cost fund; use; exemption
§ 36-108.01 - Department of health services funds; purposes; annual report
§ 36-109 - Hospitals; health care facilities; substance abuse treatment; reporting requirements
§ 36-110 - County or district liaison; duties
§ 36-111 - Hearings and appeals
§ 36-114 - Limitation upon authority to impose treatment
§ 36-115 - Promulgation of rules
§ 36-117 - Services for licensing agencies; costs
§ 36-118 - Director's seal; authentication of records
§ 36-119 - Breast and cervical cancer screening and diagnostic special plate fund
§ 36-120 - Multiple sclerosis awareness fund
§ 36-121 - Childhood cancer and rare childhood disease research fund
§ 36-122 - Public health emergencies fund; exemption; report
§ 36-123 - Opioid abuse prevention campaign
§ 36-123.02 - Alzheimer's disease research fund; exemption
§ 36-123.03 - Congenital heart defect special plate fund
§ 36-125.04 - Financial statements; uniform accounting report; exemption
§ 36-125.05 - Uniform patient reporting system; statistical and demographic reports; exemption
§ 36-125.06 - Comparative report; brochure
§ 36-125.07 - Uniform billing; third party payors; exception; definitions
§ 36-126 - Violation; civil penalties
§ 36-132 - Department of health services; functions; contracts
§ 36-133 - Chronic disease surveillance system; confidentiality; immunity; violation; classification
§ 36-134 - Asbestosis and mesothelioma
§ 36-136 - Powers and duties of director; compensation of personnel; rules; definitions
§ 36-137 - Annual report of director
§ 36-138 - Oral health fund; nonlapsing
§ 36-140 - Violation; classification
§ 36-142 - Diabetes action plan team; report
§ 36-143 - Care and treatment for residents twenty-one and older with cystic fibrosis; costs
§ 36-144 - Home care services; disclosure; definition
§ 36-145 - Family planning services; grant application; distribution of monies
§ 36-146 - Veteran suicides; annual report; distribution
§ 36-147 - Annual expenditure report; medical marijuana fund; justice reinvestment fund
§ 36-148 - Annual distribution report; smart and safe Arizona fund
§ 36-152 - Authority to provide services; fees
§ 36-153 - Authority to contract for services and fees
§ 36-154 - Limitation of authority regarding services and fees
§ 36-155 - Personnel and equipment
§ 36-157 - County authority to provide services; fees
§ 36-158 - Authority to receive funds; disbursement
§ 36-159 - Authorized court action to collect fees
§ 36-160 - Confidentiality of records; unauthorized disclosures unlawful; classification
§ 36-172 - Workforce data repository fund; exemption
§ 36-173 - Advisory committee; membership
§ 36-183 - Boards of health of local health departments; membership; terms
§ 36-183.01 - County hospital under board of health or hospital board; powers and duties
§ 36-183.02 - Sanitary regulations; notice
§ 36-183.03 - Maintaining unsanitary premises; violation; classification
§ 36-183.04 - Notice of violation; civil penalties; administrative hearings
§ 36-183.05 - Violations; injunctive relief; civil penalties; consent decrees
§ 36-183.06 - Health inspectors; violations; notice to appear
§ 36-183.07 - Violation; classification
§ 36-184 - Boards of health of local health departments; organization; meetings; powers and duties
§ 36-185 - Local department of health funds
§ 36-186 - Director of county health department; powers and duties
§ 36-187 - County treasurer as treasurer of local departments of health; duties; collection of fees
§ 36-190 - Participation of incorporated cities and towns in health services
§ 36-191 - Violation; classification
§ 36-192 - County health departments; naloxone kits
§ 36-195 - Establishment of advisory committee by authorized local agency
§ 36-196 - Duties and responsibilities
§ 36-199 - Suicide mortality review team; members; duties
§ 36-199.01 - Access to information; confidentiality; violation; classification
§ 36-202.01 - Admission of juveniles to state hospital
§ 36-203 - Persons with intellectual disabilities assigned to state hospital; department duties
§ 36-206 - Duties of superintendent; clinical assessment
§ 36-207 - Fingerprinting requirements; definition
§ 36-208 - Employees; compensation
§ 36-209 - Reports by superintendent and director
§ 36-211 - Income from land rentals and permanent funds
§ 36-212 - Maximum security area required
§ 36-213 - Store and canteen; deposit
§ 36-214 - Arizona state hospital; private operation
§ 36-215 - State hospital revolving fund; nonreversion
§ 36-216 - Budget for state hospital
§ 36-217 - State hospital; annual report
§ 36-218 - Arizona state hospital charitable trust fund
§ 36-219 - Contracting requirements; art therapy services; definition
§ 36-252 - Chief of state laboratory; appointment; qualifications
§ 36-253 - Chief of state laboratory; powers and duties
§ 36-254 - Evidentiary effect of certificate of chief of state laboratory
§ 36-255 - Reports by laboratory chief
§ 36-261 - Children who have a chronic illness or physical disability; program
§ 36-272 - Biomedical research
§ 36-274 - Disease control research fund; lapsing; investment
§ 36-275 - Health research fund
§ 36-302 - System of vital records; powers and duties of the state registrar
§ 36-303 - System of public health statistics; powers and duties of the department
§ 36-311 - Appointment and removal of local registrars and deputy local registrars
§ 36-312 - Local registrars and deputy local registrars; powers and duties
§ 36-313 - Deputy local registrars; compensation
§ 36-321 - Information required for a certificate
§ 36-322 - Sealing a certificate
§ 36-323 - Amending registered certificates: corrections
§ 36-324 - Vital records; copies; access
§ 36-325 - Death certificate registration; moving human remains; immunity
§ 36-325.01 - Delayed death certificate registration
§ 36-326 - Disposition-transit permits
§ 36-327 - Disinterment-reinterment permit
§ 36-328 - Registration of a death certificate for a foreign presumptive death
§ 36-329 - Fetal death certificate registration
§ 36-329.01 - Delayed fetal death certificate registration
§ 36-330 - Certificate of birth resulting in stillbirth; requirements
§ 36-330.01 - Delayed registration of certificate of birth resulting in stillbirth
§ 36-331 - Duties of persons in charge of place of disposition
§ 36-332 - Notification of death to responsible person and release of human remains
§ 36-333 - Birth certificate registration
§ 36-333.01 - Late birth certificate registration
§ 36-333.02 - Delayed birth certificate registration
§ 36-333.03 - Record of birth; petition; requirements; notice; court order; definition
§ 36-334 - Determining maternity and paternity for birth certificates
§ 36-335 - Birth registration for foundlings
§ 36-336 - Adoption certificate
§ 36-337 - Amending birth certificates
§ 36-338 - Certificates of foreign birth for adoptees
§ 36-339 - Missing children; notification; flagging birth certificate records; definitions
§ 36-341 - Fees received by state and local registrars
§ 36-341.01 - Vital records electronic systems fund; purpose; nonlapsing
§ 36-342 - Disclosure of information; prohibition
§ 36-343 - Duty to provide information to the state registrar
§ 36-344 - Violation; classification
§ 36-345 - Effect of registration
§ 36-351 - Duties of the director; Arizona state library, archives and public records
§ 36-401 - Definitions; adult foster care
§ 36-403 - Licensure by counties and municipalities
§ 36-404 - Limitation of disclosure of information
§ 36-405 - Powers and duties of the director
§ 36-405.01 - Health screening services; violation; classification
§ 36-405.02 - Outpatient behavioral health and other related health care services; employees; rules
§ 36-406 - Powers and duties of the department
§ 36-407 - Prohibited acts; required acts
§ 36-407.01 - Hospitals; visitation; religious purposes
§ 36-407.03 - Hospitals; visitation policy; exceptions
§ 36-408 - Required reports from health care institutions
§ 36-410 - County standards and guidelines; delegation
§ 36-411.01 - Adult residential care institutions; recidivism reduction services; rules
§ 36-412 - Nursing care institutions; employment
§ 36-414 - Health services licensing fund; exemption
§ 36-415 - Breast density mammography results; notification
§ 36-416 - Registered dietitians; qualified nutrition professionals; hospital orders; definitions
§ 36-417 - Use of compliance surveys; advertisement; requirements
§ 36-418 - Behavioral health residential facilities; reporting requirement
§ 36-419 - Do-not-resuscitate orders; minors; parental communication; definitions
§ 36-420.02 - Additional charges for medical or forensic interview or examination; prohibition
§ 36-421 - Construction or modification of a health care institution
§ 36-423 - Hemodialysis technicians; minimum requirements; definition
§ 36-425.01 - Home health agencies; licensure; definition
§ 36-425.02 - Nursing care institutions; quality rating; issuance of license
§ 36-425.04 - Hospice service agencies; policies and procedures; controlled substances
§ 36-425.05 - Intermediate care facilities for individuals with intellectual disabilities; licensure
§ 36-425.06 - Secure behavioral health residential facilities; license; definition
§ 36-425.07 - Nursing-supported group homes; licensure
§ 36-426 - Hospital providers of extended care services
§ 36-427 - Suspension or revocation; intermediate sanctions
§ 36-428 - Hearings by the director
§ 36-429 - Removal of licensee; temporary management continued operation
§ 36-430 - Unlicensed operation prohibited; injunction
§ 36-431 - Violation; classification
§ 36-431.01 - Violations; civil penalties
§ 36-431.02 - Nursing care institution resident protection revolving fund; use; nonreversion
§ 36-432 - Urgent care centers; posting requirements
§ 36-433 - Receipt of report and complaint; investigation
§ 36-434 - Outdoor behavioral health care programs; licensing requirements; inspections
§ 36-434.01 - Outpatient surgical centers; hospitals; surgical smoke evacuation systems; definitions
§ 36-435 - Staff privileges for podiatrists
§ 36-436 - Filing and review of rates and rules as prerequisite to operation
§ 36-436.02 - Increases of rates or charges; filing
§ 36-436.03 - Public availability of rates and charges
§ 36-437 - Health care facilities; charges; public availability; direct payment; notice; definitions
§ 36-439.01 - Colocation of licensees
§ 36-439.02 - Colocators; collaborating outpatient treatment centers; requirements
§ 36-439.03 - Use of treatment areas
§ 36-439.04 - Colocation; outpatient treatment centers; health care providers
§ 36-441 - Health care utilization committees; immunity; exception; definition
§ 36-445 - Review of certain medical practices
§ 36-445.01 - Confidentiality of information; conditions of disclosure
§ 36-445.02 - Immunity relating to review of medical practices
§ 36-445.03 - Limitation of publication; identity of patient confidential
§ 36-445.04 - Freestanding urgent care center incident reporting; confidentiality requirement
§ 36-446.01 - Licensure or certification requirements
§ 36-446.02 - Board of examiners; terms; meetings; quorum; effect of vacancies; compensation
§ 36-446.03 - Powers and duties of the board; rules; fees; fingerprinting
§ 36-446.04 - Qualifications; period of validity; exemption
§ 36-446.05 - Reciprocity; present administrators
§ 36-446.06 - Temporary licenses and certificates
§ 36-446.09 - Violations; classification
§ 36-446.10 - Confidentiality of records; release of complainant's name and nature of complaint
§ 36-446.11 - Relief from civil liability
§ 36-446.13 - Unlawful act; unlicensed operation; injunction
§ 36-447.01 - Nursing care institutions; notification of services; screening; annual reviews
§ 36-447.02 - Nursing care institutions; therapeutic substitutions
§ 36-448.02 - Pain management clinics; licensure requirements; rules
§ 36-448.52 - Recovery care centers; licensure
§ 36-448.53 - Recovery care centers; administration; bylaws; administrator; duties; notification
§ 36-448.54 - Admission of patients
§ 36-448.55 - Medical staff; requirements; nursing care
§ 36-449.03 - Abortion clinics; rules; civil penalties
§ 36-450.01 - Reporting procedures
§ 36-450.02 - Nonretaliatory policy; definition
§ 36-461 - Exceptions to this article
§ 36-462 - License requirements; training and consultation
§ 36-463.01 - Licensure of laboratories located in a health care institution
§ 36-463.02 - Inspections; exemptions; disciplinary action
§ 36-466 - Advisory committee on clinical laboratories; membership; duties
§ 36-467 - Reports by laboratories
§ 36-470 - Examination of specimens; written requests; reports of results; retention of test records
§ 36-471 - Persons authorized to collect human specimens or blood
§ 36-472 - Rebates, fee-splitting and solicitation of referrals prohibited
§ 36-472.01 - Billing for laboratory costs; definition
§ 36-473 - Grounds for denial, suspension or revocation of license
§ 36-474 - Investigation of complaints; notice of hearing
§ 36-476 - License surrender; certification
§ 36-479 - Violations; classification
§ 36-495.01 - Licensure program; rules
§ 36-495.03 - License application; issuance; expiration
§ 36-495.04 - Laboratory director; duties
§ 36-495.05 - Provisional licenses
§ 36-495.07 - Inspection; investigations
§ 36-495.08 - Reports by laboratories
§ 36-495.09 - Suspension, revocation or denial of license; hearing
§ 36-495.10 - Operation of unlicensed laboratory; cease and desist order; injunction; letter
§ 36-495.11 - Violation; classification
§ 36-495.12 - Violations; civil penalties
§ 36-495.13 - Powers of the director
§ 36-495.14 - Out-of-state laboratories; licensure; reciprocity
§ 36-495.15 - Environmental laboratory licensure revolving fund; use
§ 36-495.16 - Environmental laboratory advisory committee; membership; duties; compensation
§ 36-502 - Powers and duties of the director of AHCCCS; rules; expenditure limitation
§ 36-503 - Medical director of evaluation agency or mental health treatment agency; deputy
§ 36-503.01 - Duty of attorney general or county attorney
§ 36-503.02 - Apprehension and transportation by authorized transporters; immunity
§ 36-503.03 - Civil commitment treatment population; cap
§ 36-504 - Notice of patients' rights; notification to family
§ 36-506 - Civil rights not impaired; discrimination prohibited
§ 36-507 - Patient's rights to privacy and to personal possessions
§ 36-508 - Disposition of patient's personal property
§ 36-509 - Confidential records; immunity; definition
§ 36-509.01 - Case records; involuntary treatment hearings; confidentiality; definition
§ 36-510 - Patient's compensation for work
§ 36-510.01 - Notice; personal service of process
§ 36-511 - Quality of treatment
§ 36-512 - Emergency medical care
§ 36-513 - Seclusion; restraint; treatment
§ 36-514 - Visitation; telephone; correspondence; religious freedom
§ 36-515 - Limitation of liability; false application; classification
§ 36-516 - Violation of person's rights
§ 36-517 - Cruelty to mentally disordered person; classification
§ 36-517.02 - Limitation of liability; exception; discharge of duty; immunity for disclosure
§ 36-518 - Application for voluntary admission; admission to agency; minors; transportation
§ 36-518.01 - Case review of voluntary admission of minor
§ 36-519 - Discharge of voluntary patients
§ 36-520 - Application for evaluation; definition
§ 36-521.01 - Considerations for screening, evaluation and involuntary treatment
§ 36-522 - Voluntary evaluation
§ 36-523 - Petition for evaluation
§ 36-524 - Application for emergency admission for evaluation; requirements; immunity
§ 36-525 - Apprehension and transportation by peace officers; immunity
§ 36-526 - Emergency admission; examination; petition for court-ordered evaluation
§ 36-527 - Discharge and release; relief from civil liability
§ 36-528 - Emergency patients; duties of agency; notification of family member; right to counsel
§ 36-529 - Order for evaluation; order for detention; hearing; personal service of court orders
§ 36-530 - Evaluation and treatment
§ 36-531 - Evaluation; possible dispositions; release
§ 36-533 - Petition for treatment
§ 36-534 - Change to voluntary status; discharge; notice; hearing
§ 36-537 - Powers and duties of counsel
§ 36-538 - Independent evaluator
§ 36-539 - Conduct of hearing; record; transcript
§ 36-540 - Court options; immunity; rules
§ 36-540.01 - Conditional outpatient treatment
§ 36-541 - Mandatory local treatment; placement at state hospital
§ 36-545 - Voluntary admissions to the state hospital; reimbursements; indigents
§ 36-545.02 - State hospital reimbursements; disposition of funds
§ 36-545.04 - Costs of court proceedings; compensation for evaluation and testimony
§ 36-545.08 - Arizona state hospital fund; purpose
§ 36-545.09 - Building renewal fund; purpose
§ 36-546 - Judicial review; right to be informed; request; jurisdiction
§ 36-546.01 - Expedited appeal to the court of appeals
§ 36-550.01 - Statewide plan for community residential treatment
§ 36-550.02 - County responsibilities in statewide planning process
§ 36-550.03 - Statewide plan implementation; contract requirements; exception
§ 36-550.04 - Evaluation system; contract requirements
§ 36-550.06 - Client eligibility
§ 36-550.07 - Community residential treatment system planning grants
§ 36-550.09 - Secure behavioral health residential facility; court determination; findings
§ 36-551.01 - Persons with developmental disabilities; rights guaranteed
§ 36-552 - Developmental disabilities function; expenditure limitation
§ 36-553 - Developmental disabilities advisory council; membership; duties; reporting requirements
§ 36-554 - Powers and duties of director
§ 36-555 - Coordination of programs by department with special education programs
§ 36-556 - Coordination with department of health services; duties of department
§ 36-557 - Community developmental disability services; service providers
§ 36-558 - Establishment and maintenance of programs and services; definition
§ 36-558.02 - State operated service center
§ 36-559 - Eligibility for developmental disabilities programs, services and facilities
§ 36-561 - Prohibiting certain treatment or drugs; use of aversive stimuli
§ 36-562 - Schedule of financial contribution; review of payment order
§ 36-563 - Review and appeal; hearing
§ 36-565 - Periodic evaluations of persons with developmental disabilities
§ 36-566 - Request for termination from a state facility, program or service
§ 36-567 - Music therapists; minimum qualifications; definition
§ 36-568.01 - Confidentiality of records
§ 36-568.02 - Confidentiality of health information
§ 36-569 - Prohibitions; violations; classification
§ 36-571 - Developmental disabilities fund; disbursement; federal monies
§ 36-572 - Client developmental disability services trust fund; donation account
§ 36-573 - Annual report; group home incident reports; contracts
§ 36-574 - Children's autism services; contract
§ 36-575 - Contracting requirements; art therapy services; definition
§ 36-582 - Residential facilities; zoning; notice; appeal
§ 36-591 - Group homes; licensing; notification requirements; exception; annual inspection
§ 36-593 - Adult developmental homes; child developmental homes; provisional licenses
§ 36-594 - Denial, suspension or revocation of license; definition
§ 36-594.01 - Fingerprinting of contract providers and home and community based service providers
§ 36-595 - Programmatic and contractual monitoring; deemed status
§ 36-595.01 - Access to facilities
§ 36-595.02 - Investigation of complaints
§ 36-596 - Coordination of benefits; third party payments; definition
§ 36-596.01 - Liens; perfection; recording; assignment; notice of lien; compromise
§ 36-596.52 - Family support program; administration
§ 36-596.53 - Payor of last resort
§ 36-596.54 - Family support vouchers and subsidies
§ 36-596.55 - Community based services
§ 36-596.56 - Eligibility; program plans; burial arrangements
§ 36-596.57 - Admission; legislative appropriation; exception
§ 36-601 - Public nuisances dangerous to public health
§ 36-601.01 - Smoke-free Arizona act
§ 36-603 - Right to enter premises for inspection or abatement
§ 36-604 - Health menace near military encampments; classification
§ 36-605 - Common towel or drinking cup provided in public pl