Terms Used In Arizona Laws > Title 36 > Chapter 5 - Mental Health Services

• 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.
• Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. See Arizona Laws 9-591
• 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.
• Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 9-591
• Application: means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. See Arizona Laws 9-591
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
• Authority utility pole: means a utility pole that is owned or operated by an authority and that is in a right-of-way. See Arizona Laws 9-591
• Authorized transporter: means a transportation entity that is contracted with a city, town or county to provide services pursuant to this chapter and that is either:

  (a) An ambulance service that holds a valid certificate of necessity. See Arizona Laws 36-501

• 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
• Commercial mobile radio service: means two-way voice commercial mobile radio service as defined by the federal communications commission in 47 United States Code § 157. See Arizona Laws 9-581
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of health services. See Arizona Laws 36-501
• 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 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

• 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.
• 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
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• Grantor: The person who establishes a trust and places property into it.
• Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
• 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
• 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.
• 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 that is 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
• highway: means all roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of this state or a political subdivision. See Arizona Laws 9-581
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent evaluator: means a licensed physician, psychiatric and mental health nurse practitioner or psychologist who is selected by the person to be evaluated or by the person's attorney. See Arizona Laws 36-501
• Industrial gas pipeline: means any pipeline or system of pipelines and all necessary appurtenances to the pipeline or system used to transport inert, nontoxic, nonflammable gas for industrial purposes to industrial users who pay for the service but does not include any pipeline or system of pipelines that transports gas for power, light or fuel. See Arizona Laws 9-551
• 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.
• Law: means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. See Arizona Laws 9-591
• 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
• License: means that ordinance or resolution which contains the right, authority or grant given by a licensing authority enabling the license holder to construct, operate and maintain an industrial gas pipeline. See Arizona Laws 9-551
• Licensed physician: means any medical doctor or doctor of osteopathy who is either:

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

• Licensing authority: means the board of supervisors of a county or the governing body of an incorporated city or town. See Arizona Laws 9-551
• 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 who is involved in evaluating, caring for, treating or rehabilitating a patient. See Arizona Laws 36-501
• Mental health treatment agency: means any of the following:

  (a) The state hospital. See Arizona Laws 36-501

• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Monopole: means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. See Arizona Laws 9-591
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Patient: means any person who is 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
• Permit: means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. See Arizona Laws 9-591
• 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: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. See Arizona Laws 9-591
• Personal property: All property that is not real property.
• Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Political subdivision: means a city, town or county, or a special district of a city, town or county. See Arizona Laws 9-581
• Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
• 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 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
• Private easement: means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. See Arizona Laws 9-591
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Right-of-way: means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 9-591
• Screening agency: means a health care agency that is licensed by the department and that provides those services required of the 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
• Small wireless facility: means a wireless facility that meets both of the following qualifications:

  (a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 9-591

• 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
• Special taxing district: means a special district formed pursuant to Title 48, Chapter 11, 12, 17, 18, 19, 20 or 22. See Arizona Laws 9-591
• 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
• Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Arizona Laws 9-581
• Telecommunications corporation: means any public service corporation to the extent that it provides telecommunications services in this state. See Arizona Laws 9-581
• Telecommunications services: means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used. See Arizona Laws 9-581
• Testify: Answer questions in court.
• 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.
• 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.
• Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. See Arizona Laws 9-591
• 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
• Wireless infrastructure provider: means any person that is authorized to provide telecommunications service in this state and that builds or installs wireless communications transmission equipment, wireless facilities, utility poles or monopoles but that is not a wireless services provider. See Arizona Laws 9-591
• Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
• Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 9-591
• Wireless services provider: means a person that provides wireless services. See Arizona Laws 9-591
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• 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