36-537. Powers and duties of counsel
A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient's attorney copies of the petition for evaluation, the prepetition screening report, the evaluation report, the patient's medical records for the current admission and a list of alternatives to court-ordered treatment that are used in similar cases with an explanation of why they are not appropriate or available.
B. The patient's attorney, for all hearings, whether for evaluation or treatment, shall fulfill the following minimal duties:
1. Within twenty-four hours of appointment, conduct an interview of the patient. The attorney shall explain to the patient the patient's rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment, the alternative of becoming a voluntary patient and whether stipulations at the hearing are appropriate. If the attorney is appointed, the attorney also shall explain that the patient can obtain the patient's own counsel at the patient's own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.
2. At least twenty-four hours before the hearing, review the petition for evaluation, prepetition screening report, evaluation report, petition for treatment, the patient's medical records and the list of alternatives to court-ordered treatment.
3. At least twenty-four hours before the hearing, interview the petitioner, if available, and the petitioner's supporting witnesses, if known and available.
4. At least twenty-four hours before the hearing, interview the physicians or the psychiatric and mental health nurse practitioner who will testify at the hearing, if available, and investigate the possibility of alternatives to court-ordered treatment.
C. Failure of the attorney to fulfill at least the duties prescribed by subsection B may be punished as contempt of court.
D. At a hearing held pursuant to this article, the patient's attorney may enter stipulations on behalf of the patient.
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