A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right to dispose of property, sue and be sued, enter into contractual relationships and vote. Court-ordered treatment or evaluation pursuant to this chapter is not a determination of legal incompetency, except to the extent provided in section 36-512.

Terms Used In Arizona Laws 36-506

  • 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

  • Evaluation agency: means either of the following:

    (a) A health care agency that is licensed by the department and that has been approved pursuant to this title to provide the services required of that agency by this chapter. See Arizona Laws 36-501

  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Mental disorder: means a substantial disorder of the person's emotional processes, thought, cognition or memory. See Arizona Laws 36-501
  • 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
  • Property: includes both real and personal property. See Arizona Laws 1-215

B. A person who is or has been evaluated or treated in an agency for a mental disorder shall not be discriminated against in any manner, including but not limited to:

1. Seeking employment.

2. Resuming or continuing professional practice or previous occupation.

3. Obtaining or retaining housing.

4. Obtaining or retaining licenses or permits, including but not limited to, motor vehicle licenses, motor vehicle operators and chauffeurs licenses and professional or occupational licenses.

C. "Discrimination" for purposes of this section means any denial of civil rights on the grounds of hospitalization or outpatient care and treatment unrelated to a person’s present capacity to meet the standards applicable to all persons. Applications for positions, licenses and housing shall contain no requests for information which encourage such discrimination.

D. Upon discharge from any treatment or evaluation agency, the patient shall be given written notice of the provisions of this section.

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