Title 36 — Public Health and Safety
55 chapters · 1,413 sections in this title.
A.R.S. § 36-540 Court options; immunity; rules
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A. If the court finds by clear and convincing evidence that the proposed patient, as a result of mental disorder, is a danger to self, is a danger to others or has a persistent or acute disability or a grave disability and is in need of treatment, and is either unwilling or unabl…
A.R.S. § 36-540.01 Conditional outpatient treatment
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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 degr…
A.R.S. § 36-540.02 Transfer of a person with a grave disability without a guardian from a mental health treatment agency to another health care facility
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A. A person who does not have a guardian under section 14-5312.01 and who has been found by the court to have a grave disability and ordered to undergo treatment pursuant to this article may receive care in another health care institution licensed by the department during the cou…
A.R.S. § 36-541 Mandatory local treatment; placement at state hospital
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A. A patient who is ordered by a court to undergo treatment and who is not hospitalized in the state hospital at the time of the order shall undergo treatment for at least twenty-five days in a local mental health treatment agency that is geographically convenient for the patient…
A.R.S. § 36-541.01 Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing; immunity
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A. A patient who is found to have a grave disability or a persistent or acute disability and who is ordered to undergo treatment pursuant to this article may be released from inpatient treatment when, in the opinion of the medical director of the mental health treatment agency, t…
A.R.S. § 36-542 Discharge of patient at expiration of period ordered by court; change to voluntary status; immunity
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A. A patient ordered by a court to undergo treatment pursuant to this article shall be discharged from treatment at the expiration of the period of treatment ordered unless one of the following occurs: 1. The person accepts voluntary treatment at the mental health treatment agenc…
A.R.S. § 36-543 Annual review of a patient with a grave disability or a persistent or acute disability; notice; court order for continued treatment; rules; immunity
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A. Within ninety days before the expiration of a court order for treatment, the medical director of the mental health treatment agency shall conduct an annual review of a patient who has been found to have a grave disability or a persistent or acute disability and who is undergoi…
A.R.S. § 36-544 Unauthorized absences; violation; classification; tolling period; hearing; civil liability; definition
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A. When any patient who is being evaluated or treated is absent without proper authorization from an evaluation agency or a mental health treatment agency, or when an order for outpatient treatment is rescinded, any peace officer shall, upon oral or written request of the medical…
A.R.S. § 36-545 Voluntary admissions to the state hospital; reimbursements; indigents
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The director shall establish the amount which will fully reimburse the state for the expense of examining, evaluating, treating and maintaining the patient. The state hospital shall charge the patient all or such portion of the established amount as the patient can afford. If the…
A.R.S. § 36-545.01 Payment of costs and expenses; ability to pay; power and duty of court; acceptance of other benefits; per capita cost limitation; guardians; parental liability; lien; duty of county attorney
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A. When a patient is admitted to the state hospital for court-ordered treatment pursuant to article 5 of this chapter or pursuant to section 13-3992, the business manager of the state hospital shall inquire into the ability of the patient to pay the costs of examination, maintena…
A.R.S. § 36-545.02 State hospital reimbursements; disposition of funds
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All monies collected pursuant to sections 36-545 and 36-545.01 for examination, evaluation, treatment and maintenance of patients shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 36-545.03 Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility
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All costs in connection with a patient hospitalized in a private or voluntary nonprofit facility, including costs for evaluation, shall be borne by the patient, his parents, spouse, guardian or estate and shall not be a charge against the state or county except as provided in sec…
A.R.S. § 36-545.04 Costs of court proceedings; compensation for evaluation and testimony
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A. Except as provided in this chapter, costs of court proceedings and cost of services provided by a county pursuant to article 4 are a charge against the county in which the patient resided or was found before hospitalization. The clerk of the superior court in the county where …
A.R.S. § 36-545.05 Treatment by agencies under administration contract; charges; voluntary evaluations; prepetition screenings; court-ordered evaluations; prohibitions
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A. When a person is given a prepetition screening, or a court-ordered evaluation by a screening agency or evaluation agency pursuant to article 4 of this chapter, the person shall not be charged. B. When a person is given a voluntary evaluation pursuant to section 36-522, the per…
A.R.S. § 36-545.06 County services; county responsibility
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A. Each county, or any combination of counties, shall provide directly or by contract the services of a screening agency and an evaluation agency for the purposes of this chapter. B. On a request made by a resident of the county pursuant to this chapter, a county shall be require…
A.R.S. § 36-545.07 Contracts between the administration and screening agencies, evaluation agencies and mental health treatment agencies; services; plan
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A. The administration may enter into contracts with screening agencies, evaluation agencies and mental health treatment agencies to provide prepetition screenings, court-ordered evaluations, voluntary evaluations, treatment of voluntary patients and treatment of patients under se…
A.R.S. § 36-545.08 Arizona state hospital fund; purpose
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A. The Arizona state hospital fund is established for the purposes prescribed in section 36-545.01, subsection I. The department of health services shall administer the fund. The fund consists of the following: 1. Monies reimbursed by the federal government under title XIX of the…
A.R.S. § 36-545.09 Building renewal fund; purpose
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Subject to legislative approval a building renewal fund is established for the purpose of major maintenance of the state owned properties located at 1930 east 6th street and 2075 north 6th avenue, Tucson, Arizona. The building renewal fund shall be subject to legislative appropri…
A.R.S. § 36-546 Judicial review; right to be informed; request; jurisdiction
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A. In addition to the procedure for applying for a writ of habeas corpus, as provided in title 13, chapter 38, article 26, a patient receiving court-ordered treatment or any person acting on the patient's behalf may request the patient's release pursuant to the following: 1. A re…
A.R.S. § 36-546.01 Expedited appeal to the court of appeals
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An order for court ordered treatment may be reviewed by appeal to the court of appeals as prescribed in the Arizona rules of civil procedure or by special action. Such appeal or special action shall be entitled to preference.
A.R.S. § 36-548 Court-ordered treatment by the United States department of veterans affairs or other agency of the United States
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A. Whenever, in any proceeding under the laws of this state for the court-ordered treatment of a person alleged to be, as a result of a mental disorder, a danger to self or to others, with a persistent or acute disability or a grave disability, it is determined after such adjudic…
A.R.S. § 36-550 Definitions
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In this article, unless the context otherwise requires: 1. "Administration" means the Arizona health care cost containment system administration. 2. "Community residential treatment system" means a statewide system of community-based residential treatment programs for the serious…
A.R.S. § 36-550.01 Statewide plan for community residential treatment
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A. The director shall establish a statewide plan for a community residential treatment system. The plan shall provide for a statewide system of mental health residential treatment programs that provides to the seriously mentally ill a wide range of programs and services, as ident…
A.R.S. § 36-550.02 County responsibilities in statewide planning process
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A. Each county shall be responsible for developing an individual county profile of existing programs, needs and goals for consideration by the director for inclusion within the statewide plan as required in section 36-550.01. B. The director, on receipt of the county profile requ…
A.R.S. § 36-550.03 Statewide plan implementation; contract requirements; exception
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A. On establishment of the statewide plan for a community residential treatment system as required in section 36-550.01, the director shall provide for the delivery of such programs and services, utilizing all monies identified and available for the seriously mentally ill, in the…
A.R.S. § 36-550.04 Evaluation system; contract requirements
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A. The director shall develop and implement an evaluation system that includes program planning and development, fiscal and data management and contract administration. B. A county that desires to contract with the administration to deliver programs and services as provided by th…
A.R.S. § 36-550.05 Community mental health residential treatment services and facilities; prevention services; placement of foster children
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A. A residential or day treatment facility shall be designed to provide a homelike environment without sacrificing safety or care. Facilities shall be relatively small, with preferably fifteen or fewer beds. B. Individual programs of a community residential treatment system shall…
A.R.S. § 36-550.06 Client eligibility
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A. The seriously mentally ill are eligible for services under this article if they comply with the eligibility screening and application process prescribed in section 36-3408, and under any of the following circumstances: 1. They voluntarily seek the services. 2. The regional beh…
A.R.S. § 36-550.07 Community residential treatment system planning grants
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A. The director may award grants to counties to facilitate the planning of community residential treatment systems for the seriously mentally ill at the local level. The grants shall be used to compensate personnel for the preparation of a written plan that includes the following…
A.R.S. § 36-550.08 Clients' rights
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Clients receiving treatment pursuant to this article are entitled to all the rights enumerated in this chapter.
A.R.S. § 36-550.09 Secure behavioral health residential facility; court determination; findings
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A. If a court finds that a patient meets the criteria for court-ordered treatment pursuant to section 36-540, subsection A, the court may approve the patient's placement in a secure behavioral health residential facility that is licensed by the department pursuant to section 36-4…