Sections
Article 1 General Provisions 36-501 – 36-503.03
Article 2 Patient’s Civil and Legal Rights 36-504 – 36-517.02
Article 3 Voluntary Admissions 36-518 – 36-519
Article 4 Court-Ordered Evaluation 36-520 – 36-531
Article 5 Court-Ordered Treatment 36-533 – 36-544
Article 6 Costs and Services 36-545 – 36-545.09
Article 7 Judicial Review 36-546 – 36-546.01
Article 9 Hospitalization in a Federal Facility 36-548
Article 10 Community Mental Health Residential Treatment System 36-550 – 36-550.09

Terms Used In Arizona Laws > Title 36 > Chapter 5

  • Administration: means the Arizona health care cost containment system administration. See Arizona Laws 36-501
  • Administration: means the Arizona health care cost containment system administration. See Arizona Laws 36-550
  • 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
  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Allegation: something that someone says happened.
  • 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.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: means the police pension board. See Arizona Laws 9-911
  • Chief medical officer: means the chief medical officer under the supervision of the superintendent of the state hospital. See Arizona Laws 36-501
  • combined inpatient and outpatient treatment: means any treatment program not requiring continuous inpatient hospitalization. See Arizona Laws 36-501
  • Community residential treatment system: means a statewide system of community-based residential treatment programs for the seriously mentally ill that provides a wide range of services as alternatives to institutionalization and in the least restrictive setting. See Arizona Laws 36-550
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contraindicated: means that access is reasonably likely to endanger the life or physical safety of the patient or another person. See Arizona Laws 36-501
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Criminal history: means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to section 13-4510. See Arizona Laws 36-501
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Danger to others: means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person's need for treatment and as a result of the person's mental disorder the person's continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm. See Arizona Laws 36-501
  • Daytime: means the period between sunrise and sunset. See Arizona Laws 1-215
  • Department: means the department of health services. See Arizona Laws 36-501
  • Department: means the police department. See Arizona Laws 9-911
  • Dependent: A person dependent for support upon another.
  • Detention: means the taking into custody of a patient or proposed patient. See Arizona Laws 36-501
  • Director: means the director of the administration. See Arizona Laws 36-501
  • Director: means the director of the administration. See Arizona Laws 36-550
  • 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 not less than the following:

    (i) Two licensed physicians, who shall be qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and who shall examine and report their findings independently. See Arizona Laws 36-501

  • Evaluation agency: means a health care agency that is licensed by the department and that has been approved pursuant to this title, providing those services required of such agency by this chapter. See Arizona Laws 36-501
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Family member: means a spouse, parent, adult child, adult sibling or other blood relative of a person undergoing treatment or evaluation pursuant to this chapter. See Arizona Laws 36-501
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fund: means the police pension fund. See Arizona Laws 9-911
  • Governing body: means the city commission, city or town council or other governing body of the municipality. See Arizona Laws 9-911
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health care entity: means a health care provider, the department, the administration or a regional behavioral health authority under contract with the administration. See Arizona Laws 36-501
  • Health care provider: means a health care institution as defined in section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider. See Arizona Laws 36-501
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Independent evaluator: means a licensed physician, psychiatric and mental health nurse practitioner or psychologist selected by the person to be evaluated or by such person's attorney. See Arizona Laws 36-501
  • Informed consent: means a voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures. See Arizona Laws 36-501
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Least restrictive treatment alternative: means the treatment plan and setting that infringe in the least possible degree with the patient's right to liberty and that are consistent with providing needed treatment in a safe and humane manner. See Arizona Laws 36-501
  • Licensed physician: means any medical doctor or doctor of osteopathy who is either:

    (a) Licensed in this state. See Arizona Laws 36-501

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Medical director of a mental health treatment agency: means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and includes the chief medical officer of the state hospital. See Arizona Laws 36-501
  • Medical director of an evaluation agency: means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital. See Arizona Laws 36-501
  • Mental disorder: means a substantial disorder of the person's emotional processes, thought, cognition or memory. See Arizona Laws 36-501
  • Mental health provider: means any physician or provider of mental health or behavioral health services involved in evaluating, caring for, treating or rehabilitating a patient. See Arizona Laws 36-501
  • Mental health treatment agency: means the state hospital or a health care agency that is licensed by the department and that provides those services that are required of the agency by this chapter. See Arizona Laws 36-501
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Outpatient treatment plan: means a treatment plan that does not require continuous inpatient hospitalization. See Arizona Laws 36-501
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Patient: means any person undergoing examination, evaluation or behavioral or mental health treatment under this chapter. See Arizona Laws 36-501
  • Peace officers: means sheriffs of counties, constables, marshals and policemen of cities and towns. See Arizona Laws 36-501
  • Persistent or acute disability: means a severe mental disorder that meets all the following criteria:

    (a) If not treated has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm that significantly impairs judgment, reason, behavior or capacity to recognize reality. See Arizona Laws 36-501

  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Prepetition screening: means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in such 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
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a citation, writ or summons issued in the course of judicial proceedings. 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
  • Proposed patient: means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed. See Arizona Laws 36-501
  • Prosecuting agency: means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter. 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
  • Psychiatrist: means a licensed physician who has completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association. See Arizona Laws 36-501
  • Psychologist: means a person who is licensed under title 32, chapter 19. See Arizona Laws 36-501
  • Quorum: The number of legislators that must be present to do business.
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Screening agency: means a health care agency that is licensed by the department and that provides those services required of such agency by this chapter. See Arizona Laws 36-501
  • Seriously mentally ill: means persons who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. See Arizona Laws 36-550
  • Social worker: means a person who has completed two years of graduate training in social work in a program approved by the council of social work education and who has experience in mental health. See Arizona Laws 36-501
  • State hospital: means the Arizona state hospital. See Arizona Laws 36-501
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Superintendent: means the superintendent of the state hospital. See Arizona Laws 36-501
  • Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215