A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set forth in this chapter and to rights that the director specifies by rule. A list of patients’ rights as required by this chapter and by the administration shall be compiled and published by the director by rule. The list shall be prominently posted in English and Spanish in all facilities providing evaluation or treatment. A patient‘s rights shall otherwise be brought to the attention of the patient as this chapter requires or the director may direct by rule.

Terms Used In Arizona Laws 36-504

  • Administration: means the Arizona health care cost containment system administration. 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.
  • 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

B. An agency that is evaluating, examining or treating a person pursuant to article 4 or 5 of this chapter shall immediately notify the person’s guardian or, if none, a member of the person’s family that the person is being treated in the agency. If the person has an agent appointed pursuant to chapter 32 of this title, the agency shall notify that agent. If the agency is unable to learn the identity of or to contact the guardian or member of the person’s family, it shall document every attempt that was made to comply with the notification. The agency shall release any further information only after the treating professional or that person’s designee interviews the person undergoing treatment or evaluation to determine whether or not release is in that person’s best interests. A decision to release or withhold information is subject to review pursuant to Section 36-517.01. The treating agency shall record the name of a person to whom any information is given.