Terms Used In Arizona Laws > Title 36 > Chapter 5 > Article 5 - Court-Ordered Treatment

• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Administration: means the Arizona health care cost containment system administration. 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.
• 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

• combined inpatient and outpatient treatment: means any treatment program not requiring continuous inpatient hospitalization. See Arizona Laws 36-501
• Contract: A legal written agreement that becomes binding when signed.
• 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
• 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
• 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
• 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.
• Fiduciary: A trustee, executor, or administrator.
• 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.
• 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 who is selected by the person to be evaluated or by the 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.
• 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
• Mental disorder: means a substantial disorder of the person's emotional processes, thought, cognition or memory. See Arizona Laws 36-501
• Mental health treatment agency: means any of the following:

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

• Outpatient treatment plan: means a treatment plan that does not require continuous inpatient hospitalization. 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
• 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) 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
• Population: means the population according to the most recent United States decennial census. 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
• 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
• 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).
• 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: 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.
• 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.
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Writing: includes printing. See Arizona Laws 1-215