Arizona Laws 36-534. Change to voluntary status; discharge; notice; hearing
A. If, after a petition for court-ordered treatment has been filed and prior to the hearing, the medical director of the evaluation agency finds that it is more appropriate to discharge the patient or to admit the proposed patient on a voluntary basis, the medical director, after receiving approval from the court, shall either discharge the patient or admit the patient for further treatment on a voluntary basis.
Terms Used In Arizona Laws 36-534
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- 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
- 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
- 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
- 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. If the court approves admitting a patient for whom a petition has been filed by a prosecutor pursuant to section 13-4517 to voluntary treatment or before a patient is discharged pursuant to this section, the medical director shall provide notice to the prosecuting agency at least twenty-four hours before releasing or discharging the patient. The evaluation agency shall detain the person for an additional twenty-four hours to allow for notification to the prosecuting agency. The prosecuting agency may request a hearing to determine whether the court should order the defendant returned to custody for a disposition pursuant to section 13-4517. For any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient’s records, including medical and treatment records, to the court and to the prosecuting agency.