Arizona Laws 36-517.01. Review of decisions regarding release of treatment information; notice; appeal; immunity
A. An agency providing evaluation or treatment, on request of a person undergoing evaluation or treatment, a member of his family or his guardian, shall review the treating professional‘s decision to release or withhold information requested pursuant to section 36-504, subsection B or section 36-509, subsection A, paragraph 7. The agency shall inform a person whose request is denied of his right to a review when it notifies that person of its decision. The agency director or his designee shall conduct the review within five business days after the request for review is made. The review shall include an interview of the person undergoing evaluation or treatment. The agency shall make a decision to uphold or reverse the treating professional’s decision within five business days after initiating the review. The agency shall bear the costs of conducting the review. Agency review pursuant to this section does not apply to a decision to release or withhold information made by a nonagency treating professional.
Terms Used In Arizona Laws 36-517.01
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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.
- 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
- Uphold: The decision of an appellate court not to reverse a lower court decision.
B. A final agency decision made pursuant to subsection A of this section or a decision to release or withhold information made by a nonagency treating professional is subject to judicial review by filing a petition in the superior court within five business days after the agency or nonagency treating professional issues its decision. The court shall hold a hearing on the petition within five business days after the petition is filed. The agency or nonagency treating professional shall not release any treatment information during the period an appeal may be filed or is pending.
C. An agency or nonagency treating professional that makes a decision to release or withhold treatment information in good faith pursuant to section 36-504, subsection B or section 36-509, subsection A, paragraph 7 is not subject to civil liability for this decision.