Arizona Laws 36-537. Powers and duties of counsel
A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient‘s attorney copies of the petition for evaluation, the prepetition screening report, the evaluation report, the patient’s medical records for the current admission and a list of alternatives to court-ordered treatment that are used in similar cases with an explanation of why they are not appropriate or available.
Terms Used In Arizona Laws 36-537
- 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
- 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
- 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
- Psychiatric and mental health nurse practitioner: means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family psychiatric and mental health nurse practitioner by the state board of nursing. See Arizona Laws 36-501
- Records: means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral or mental health treatment. See Arizona Laws 36-501
B. The patient’s attorney, for all hearings, whether for evaluation or treatment, shall fulfill the following minimal duties:
1. Within twenty-four hours of appointment, conduct an interview of the patient. The attorney shall explain to the patient the patient’s rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment, the alternative of becoming a voluntary patient and whether stipulations at the hearing are appropriate. If the attorney is appointed, the attorney also shall explain that the patient can obtain the patient’s own counsel at the patient’s own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.
2. At least twenty-four hours before the hearing, review the petition for evaluation, prepetition screening report, evaluation report, petition for treatment, the patient’s medical records and the list of alternatives to court-ordered treatment.
3. At least twenty-four hours before the hearing, interview the petitioner, if available, and the petitioner’s supporting witnesses, if known and available.
4. At least twenty-four hours before the hearing, interview the physicians or the psychiatric and mental health nurse practitioner who will testify at the hearing, if available, and investigate the possibility of alternatives to court-ordered treatment.
C. Failure of the attorney to fulfill at least the duties prescribed by subsection B may be punished as contempt of court.
D. At a hearing held pursuant to this article, the patient’s attorney may enter stipulations on behalf of the patient.