Arizona Laws 36-524. Application for emergency admission for evaluation; requirements; immunity
A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency.
Terms Used In Arizona Laws 36-524
- Admitting officer: means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency. 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
- 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
- Grave disability: means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs. 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
- Persistent or acute disability: means a severe mental disorder that meets all the following criteria:
(a) Significantly impairs judgment, reason, behavior or capacity to recognize reality. 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
- Prepetition screening: means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in the application, an interview with each applicant and an interview, if possible, with the proposed patient. See Arizona Laws 36-501
- Prescribed form: means a form established by a court or the rules of the administration in accordance with the laws of this state. See Arizona Laws 36-501
- 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
- Voluntary evaluation: means the ongoing collection and analysis of a person's medical, psychological, psychiatric and social conditions in order to initially determine if a health disorder exists and if there is a need for behavioral health services and, on an ongoing basis, to ensure that the person's service plan is designed to meet the person's and the person's family's current needs and long-term goals. See Arizona Laws 36-501
B. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.
C. The application shall be made on a prescribed form and shall include the following:
1. A statement by the applicant that the applicant believes that the person, as a result of a mental disorder, is a danger to self or others or has a persistent or acute disability or a grave disability, and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm on another person.
2. The specific nature of the harm or illness the person is likely to suffer or inflict without immediate hospitalization.
3. A summary of the facts that support the statements made by the applicant, including the observations of persons who witnessed the events described in the statements or the behaviors of the person who is the subject of the application.
4. The signature of the applicant.
D. A telephonic application may be made not more than twenty-four hours before a written application. A telephonic application shall be made by or in the presence of a peace officer unless the application is made by a health care professional who is licensed pursuant to Title 32, Chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care institution licensed in this state. For an application made by a peace officer or a health care professional who is licensed pursuant to Title 32, Chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant’s original signature is acceptable, does not have to be notarized and may be submitted as the written application.
E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based on a review of the written or telephonic application and conversation with the applicant and peace officer, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer, on the request of the admitting officer of the evaluation agency pursuant to this subsection, shall apprehend and transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise to be taken into custody if the admitting officer has in good faith followed the requirements of this section.