Arizona Laws 36-507. Patient’s rights to privacy and to personal possessions
Every person undergoing evaluation or treatment pursuant to this chapter:
Terms Used In Arizona Laws 36-507
- Contraindicated: means that access is reasonably likely to endanger the life or physical safety of the patient or another person. See Arizona Laws 36-501
- 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. See Arizona Laws 36-501
- Director: means the director of the administration. See Arizona Laws 36-501
- Evaluation: means :
(a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of at least the following:
(i) Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, who shall examine and report their findings independently. See Arizona Laws 36-501
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Patient: means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter. See Arizona Laws 36-501
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- 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. See Arizona Laws 36-501
1. Has the right not to be fingerprinted.
2. Has the right not to be photographed without consent of the person and the person’s attorney or guardian, except that the person may be photographed upon admission to an agency for identification and administrative purposes of the agency. All photographs shall be confidential and shall not be released by the agency except pursuant to court order.
3. Has the right to examine the written treatment program and the medical record, unless the attending physician or the physician’s designee who is a health professional as defined in section 32-3201 determines that such an examination is contraindicated or the requirements of section 12-2293, subsection B are met. If the attending physician or the physician’s designee denies such an examination, this determination shall be noted in the patient‘s medical record.
4. Has access to individual storage space for his private use while undergoing evaluation or treatment.
5. May wear the person’s own clothing, keep and use the person’s own personal possessions including toilet articles and to keep and be allowed to spend a reasonable sum of the person’s own money for the person’s own needs and comfort. Notwithstanding section 36-516, the director of the agency may deny the patient’s rights under this paragraph if necessary to protect the safety of the patient or others. The denial shall be based on a written determination and entered into the patient’s clinical record and that information shall be made available on request to the person or the person’s attorney or guardian.