Reference Title: incapacitated persons

AN ACT
AMENDING SECTION 14-5312, ARIZONA REVISED STATUTES; AMENDING TITLE 14, CHAPTER 5, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 14-5312.01 AND 14-5312.02; AMENDING SECTION 28-3153, ARIZONA REVISED STATUTES, AS AMENDED BY LAWS 1999, CHAPTER 11, SECTION 14; AMENDING SECTIONS 36-504, 36-509, 36-514, 36-518, 36-533, 36-540, 36-540.02, 36-543, 36-550.08, 36-551, 36-3201 AND 36-3231, ARIZONA REVISED STATUTES; REPEALING TITLE 36, CHAPTER 5, ARTICLE 8, ARIZONA REVISED STATUTES; AMENDING TITLE 36, CHAPTER 32, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 6; RELATING TO INCAPACITATED PERSONS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 14-5312, Arizona Revised Statutes, is amended to read:

14-5312 . General powers and duties of guardian

A. A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian's ward that a parent has respecting the parent's unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the guardianship. In particular, and without qualifying the foregoing, a guardian has the following powers and duties, except as modified by order of the court:

1. To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, the guardian is entitled to custody of the person of the ward and may establish the ward's place of abode within or without this state.

2. If entitled to custody of the ward the guardian shall make provision for the care, comfort and maintenance of the ward and, whenever appropriate, arrange for the ward's training and education. Without regard to custodial rights of the ward's person, the guardian shall take reasonable care of the ward's clothing, furniture, vehicles and other personal effects and commence protective proceedings if other property of the ward is in need of protection.

3. A guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service or treatment under section 13-4518.

4. If no conservator for the estate of the ward has been appointed, the guardian may:

(a) Institute proceedings to compel any person under a duty to support the ward or to pay sums for the welfare of the ward to perform the guardian's duty.

(b) Receive money and tangible property deliverable to the ward and apply the money and property for support, care and education of the ward, but the guardian may not use funds from his ward's estate for room and board the guardian or the guardian's spouse, parent or child has furnished the ward unless a charge for the service is approved by order of the court made upon notice to at least one of the next of kin of the ward, if notice is possible. He must exercise care to conserve any excess for the ward's needs.

5. A guardian is required to report the condition of the ward and of the estate that has been subject to the guardian's possession or control, as required by the court or court rule.

6. If a conservator has been appointed, all of the ward's estate received by the guardian in excess of those funds expended to meet current expenses for support, care and education of the ward shall be paid to the conservator for management as provided in this chapter and the guardian must account to the conservator for funds expended.

7. If appropriate, a guardian shall encourage the ward to develop maximum self-reliance and independence and shall actively work toward limiting or terminating the guardianship and seeking alternatives to guardianship.

8. A guardian shall find the most appropriate and least restrictive setting for the ward consistent with the ward's needs, capabilities and financial ability and the ward's threat to public safety.

9. A guardian shall make reasonable efforts to secure appropriate medical , psychiatric and psychological care and social services for the ward.

10. A guardian shall make reasonable efforts to secure appropriate training, education and social and vocational opportunities for his ward in order to maximize the ward's potential for independence.

11. In making decisions concerning his ward, a guardian shall take into consideration the ward's values and wishes.

12. The guardian is authorized to act pursuant to title 36, chapter 32.

13. The guardian of an incapacitated adult who has a developmental disability as defined in section 36-551 shall seek services that are in the best interest of the ward, taking into consideration:

(a) The ward's age.

(b) The degree or type of developmental disability.

(c) The presence of other handicapping conditions.

(d) The guardian's ability to provide the maximum opportunity to develop the ward's maximum potential, to provide a minimally structured residential program and environment for the ward and to provide a safe, secure, and dependable residential and program environment.

(e) The particular desires of the individual.

(f) The ward's potential threat to public safety.

14. The A guardian APPOINTED PURSUANT TO SECTION 13-4518 may petition the court for an order to commit his ward to a secure facility, subject to availability, that is under the jurisdiction of the department of health services or the division of developmental disabilities in the department of economic security, whichever is applicable, given the diagnosis.

B. Any guardian of a ward for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for the guardian's services and for room and board furnished to the ward as agreed upon between the guardian and the conservator if the amounts agreed upon are reasonable under the circumstances. The guardian may request the conservator to expend the ward's estate by payment to third persons or institutions for the ward's care and maintenance.

Sec. 2. Title 14, chapter 5, article 3, Arizona Revised Statutes, is amended by adding sections 14-5312.01 and 14-5312.02, to read:

14-5312.01 . Inpatient treatment; rights and duties of ward and guardian

A. EXCEPT AS PROVIDED IN SUBSECTION B OF THIS SECTION, A GUARDIAN OF AN INCAPACITATED PERSON MAY CONSENT TO PSYCHIATRIC AND PSYCHOLOGICAL CARE AND TREATMENT, INCLUDING THE ADMINISTRATION OF PSYCHOTROPIC MEDICATIONS, IF THE CARE AND TREATMENT TAKES PLACE OUTSIDE A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES.

B. ON CLEAR AND CONVINCING EVIDENCE THAT THE PROPOSED WARD IS INCAPACITATED AS A RESULT OF A MENTAL DISORDER AS DEFINED IN SECTION 36-501, AND IS CURRENTLY IN NEED OF INPATIENT MENTAL HEALTH CARE AND TREATMENT, THE COURT MAY AUTHORIZE A GUARDIAN APPOINTED PURSUANT TO THIS TITLE TO GIVE CONSENT FOR THE WARD TO RECEIVE INPATIENT MENTAL HEALTH CARE AND TREATMENT, INCLUDING PLACEMENT IN A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES AND MEDICAL, PSYCHIATRIC AND PSYCHOLOGICAL TREATMENT ASSOCIATED WITH THAT PLACEMENT. THE EVIDENCE SHALL BE SUPPORTED BY THE OPINION OF A MENTAL HEALTH EXPERT WHO IS EITHER A PHYSICIAN LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND WHO IS A SPECIALIST IN PSYCHIATRY OR A PSYCHOLOGIST WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 19.1.

C. IN MAKING ITS DECISION TO GRANT AUTHORITY TO A GUARDIAN PURSUANT TO SUBSECTION B OF THIS SECTION, THE COURT SHALL CONSIDER THE CAUSE OF THE WARD'S DISABILITY AND THE WARD'S FORESEEABLE CLINICAL NEEDS. THE COURT SHALL LIMIT THE GUARDIAN'S AUTHORITY TO WHAT IS REASONABLY NECESSARY TO OBTAIN THE CARE REQUIRED FOR THE WARD IN THE LEAST RESTRICTIVE TREATMENT ALTERNATIVE. THE COURT MAY LIMIT THE DURATION OF THE GUARDIAN'S AUTHORITY TO CONSENT TO INPATIENT MENTAL HEALTH CARE AND TREATMENT AND INCLUDE OTHER ORDERS THE COURT DETERMINES NECESSARY TO PROTECT THE WARD'S BEST INTERESTS.

D. WITHIN FORTY-EIGHT HOURS AFTER PLACEMENT OF THE WARD PURSUANT TO THIS SECTION, THE GUARDIAN SHALL GIVE NOTICE OF THIS ACTION TO THE WARD'S ATTORNEY. WHEN THE ATTORNEY RECEIVES THIS NOTICE THE ATTORNEY SHALL ASSESS THE APPROPRIATENESS OF THE PLACEMENT PURSUANT TO SECTION 36-537, SUBSECTION B AND SECTION 36-546, SUBSECTION H. IF REQUESTED BY THE ATTORNEY, THE COURT SHALL HOLD A HEARING ON THE APPROPRIATENESS OF THE PLACEMENT WITHIN THREE DAYS AFTER RECEIVING THAT REQUEST.

E. THE BEHAVIORAL HEALTH TREATMENT FACILITY SHALL ASSESS THE APPROPRIATENESS OF THE WARD'S PLACEMENT EVERY THIRTY DAYS AND SHALL PROVIDE A COPY OF THE ASSESSMENT REPORT TO THE WARD'S ATTORNEY. THE WARD'S ATTORNEY MAY ATTEND THE WARD'S EVALUATION, STAFFING, TREATMENT TEAM AND CASE MANAGEMENT MEETINGS.

F. WHEN THE WARD IS ADMITTED TO A LEVEL ONE BEHAVIORAL HEALTH TREATMENT FACILITY PURSUANT TO THIS SECTION, THE GUARDIAN SHALL PROVIDE THE FACILITY WITH THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE WARD'S ATTORNEY. THE FACILITY SHALL INCLUDE THIS INFORMATION IN THE WARD'S TREATMENT RECORD.

G. WITHIN TWENTY-FOUR HOURS AFTER THE FACILITY RECEIVES ANY WRITING IN WHICH THE WARD REQUESTS RELEASE FROM THE FACILITY, ANY CHANGE IN PLACEMENT OR A CHANGE IN THE TYPE OR DURATION OF TREATMENT, THE FACILITY SHALL FORWARD THIS INFORMATION TO THE WARD'S ATTORNEY.

H. ALL HEALTH CARE PROVIDERS, TREATMENT FACILITIES AND REGIONAL BEHAVIORAL HEALTH AUTHORITIES SHALL ALLOW THE WARD'S ATTORNEY ACCESS TO ALL OF THE WARD'S MEDICAL, PSYCHIATRIC, PSYCHOLOGICAL AND OTHER TREATMENT RECORDS.

I. THE WARD'S GUARDIAN SHALL PLACE THE WARD IN A LEAST RESTRICTIVE TREATMENT ALTERNATIVE WITHIN TEN DAYS AFTER THE GUARDIAN IS NOTIFIED BY THE MEDICAL DIRECTOR OF THE INPATIENT FACILITY THAT THE WARD NO LONGER NEEDS INPATIENT CARE. THE WARD, A REPRESENTATIVE OF THE INPATIENT TREATMENT FACILITY, THE WARD'S ATTORNEY, THE WARD'S PHYSICIAN OR ANY OTHER INTERESTED PERSON MAY PETITION THE COURT TO ORDER THE FACILITY TO DISCHARGE THE WARD TO A LEAST RESTRICTIVE TREATMENT ALTERNATIVE IF THE GUARDIAN DOES NOT ACT PROMPTLY TO DO SO.

J. IF THE WARD IS IN A BEHAVIORAL HEALTH TREATMENT FACILITY AT THE TIME OF THE INITIAL HEARING ON THE PETITION FOR APPOINTMENT OF A GUARDIAN, THE COURT INVESTIGATOR AND THE WARD'S ATTORNEY SHALL ADVISE THE COURT OF THE APPROPRIATENESS OF THE PLACEMENT.

K. AN ATTORNEY APPOINTED PURSUANT TO SECTION 14-5303, SUBSECTION C REMAINS THE ATTORNEY OF RECORD UNTIL THE ATTORNEY IS DISCHARGED BY THE COURT. THE COURT SHALL ENSURE THAT A WARD WHOSE GUARDIAN HAS BEEN GRANTED MENTAL HEALTH TREATMENT AUTHORITY IS REPRESENTED BY AN ATTORNEY AT ALL TIMES THE GUARDIAN HAS THAT AUTHORITY. UNLESS THE COURT FINDS THAT THE WARD HAS INSUFFICIENT ASSETS TO MEET THE WARD'S REASONABLE AND NECESSARY CARE AND LIVING EXPENSES, THE WARD SHALL PAY THE ATTORNEY'S REASONABLE FEES.

L. IF DEEMED NECESSARY TO ADEQUATELY ASSESS A REQUEST FOR MENTAL HEALTH TREATMENT AUTHORITY OR TO REVIEW THE WARD'S PLACEMENT IN A BEHAVIORAL HEALTH TREATMENT FACILITY, THE COURT MAY ORDER AN INDEPENDENT EVALUATION BY EITHER A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND WHO IS A SPECIALIST IN PSYCHIATRY OR A PSYCHOLOGIST WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 19.1. IF THE WARD HAS INSUFFICIENT FUNDS TO PAY THE TOTAL COST OF THIS EVALUATION, THE COURT MAY DEEM ALL OR ANY PART OF THE EVALUATOR'S FEE TO BE A COUNTY EXPENSE AFTER DETERMINING THE REASONABLENESS OF THAT FEE.

M. INSTEAD OF ORDERING AN INDEPENDENT EVALUATION PURSUANT TO SUBSECTION L OF THIS SECTION, THE COURT MAY ACCEPT A REPORT CONDUCTED ON BEHALF OF THE BEHAVIORAL HEALTH TREATMENT FACILITY IF THE COURT FINDS THAT THE REPORT MEETS THE REQUIREMENTS OF AN INDEPENDENT EVALUATION.

N. THE COURT MAY DECIDE THAT THE WARD'S RIGHT TO RETAIN OR OBTAIN A DRIVER LICENSE AND ANY OTHER CIVIL RIGHT THAT MAY BE SUSPENDED BY OPERATION OF LAW IS NOT AFFECTED BY THE APPOINTMENT OF A GUARDIAN.

O. IF THE COURT GRANTS THE GUARDIAN THE AUTHORITY TO CONSENT TO INPATIENT MENTAL HEALTH CARE AND TREATMENT PURSUANT TO THIS SECTION, THE MEDICAL DIRECTOR OF A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES MAY ADMIT THE WARD AT THE GUARDIAN'S REQUEST.

P. A GUARDIAN WHO IS AUTHORIZED BY THE COURT TO CONSENT TO INPATIENT MENTAL HEALTH CARE AND TREATMENT PURSUANT TO THIS SECTION SHALL FILE WITH THE ANNUAL REPORT OF THE GUARDIAN REQUIRED PURSUANT TO SECTION 14-5315 AN EVALUATION REPORT BY A PHYSICIAN OR A PSYCHOLOGIST WHO MEETS THE REQUIREMENTS OF SUBSECTION A OF THIS SECTION. THE EVALUATION REPORT SHALL INDICATE IF THE WARD CURRENTLY NEEDS INPATIENT MENTAL HEALTH CARE AND TREATMENT. IF THE GUARDIAN DOES NOT FILE THE EVALUATION REPORT OR IF THE REPORT INDICATES THAT THE WARD DOES NOT NEED INPATIENT MENTAL HEALTH CARE AND TREATMENT, THE GUARDIAN'S AUTHORITY TO CONSENT TO THIS TREATMENT CEASES. IF THE REPORT INDICATES THAT THE WARD CURRENTLY NEEDS THIS TREATMENT, THE GUARDIAN'S AUTHORITY TO CONSENT TO THIS TREATMENT CONTINUES. IF THE REPORT SUPPORTS THE CONTINUATION OF THE GUARDIAN'S AUTHORITY TO CONSENT TO THIS TREATMENT, THE WARD'S ATTORNEY SHALL REVIEW THE REPORT WITH THE WARD. THE WARD MAY CONTEST THE CONTINUATION OF THE GUARDIAN'S AUTHORITY BY FILING A REQUEST FOR A COURT HEARING WITHIN TEN BUSINESS DAYS AFTER THE REPORT IS FILED. THE COURT SHALL HOLD THIS HEARING WITHIN THIRTY CALENDAR DAYS AFTER IT RECEIVES THE REQUEST. THE GUARDIAN'S AUTHORITY CONTINUES PENDING THE COURT'S RULING ON THE ISSUE. AT THE HEARING THE GUARDIAN HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE THAT THE WARD IS CURRENTLY IN NEED OF INPATIENT MENTAL HEALTH CARE AND TREATMENT.

14-5312.02 . Conversion of guardianship for gravely disabled person; evaluation reports

A. A GUARDIAN FOR A GRAVELY DISABLED PERSON MAY PETITION FOR CONVERSION OF THE GUARDIANSHIP TO ONE ESTABLISHED PURSUANT TO THIS TITLE. THE PETITION FOR CONVERSION SHALL BE SUPPORTED BY THE OPINION OF EITHER A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND WHO IS A SPECIALIST IN PSYCHIATRY OR A PSYCHOLOGIST WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 19.1 THAT THE WARD IS INCAPACITATED DUE TO A MENTAL DISORDER AS DEFINED IN SECTION 36-501 AND IS CURRENTLY IN NEED OF INPATIENT MENTAL HEALTH CARE AND TREATMENT.

B. THE COURT SHALL APPOINT AN ATTORNEY FOR THE WARD IF THE WARD DOES NOT HAVE AN ATTORNEY.

C. THE COURT MAY ACCEPT THE RECOMMENDATIONS OF THE MENTAL HEALTH EXPERT AND ISSUE ORDERS ACCORDINGLY OR IT MAY ORDER A HEARING. THE COURT SHALL ORDER A HEARING IF REQUESTED BY THE GUARDIAN, THE WARD OR THE WARD'S ATTORNEY.

Sec. 3. Section 28-3153, Arizona Revised Statutes, as amended by Laws 1999, chapter 11, section 14, is amended to read:

28-3153 . Driver license issuance; prohibitions

A. The department shall not issue the following:

1. A class D or M license to a person who is under sixteen years of age, except that the department may issue a restricted class D license to a person who is at least fifteen years of age.

2. A class D or M license or instruction permit to a person who is under eighteen years of age and who has been tried in adult court and convicted of a second or subsequent violation of criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or convicted of a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, or who has been adjudicated delinquent for a second or subsequent act that would constitute criminal damage to property pursuant to section 13-1602, subsection A, paragraph 1 or adjudicated delinquent for an act that would constitute a felony offense in the commission of which a motor vehicle is used, including theft of a motor vehicle pursuant to section 13-1802, unlawful use of means of transportation pursuant to section 13-1803 or theft of means of transportation pursuant to section 13-1814, if committed by an adult.

3. A class A, B or C license to a person who is under twenty-one years of age, except that the department may issue a class A, B or C license that is restricted to only intrastate driving to a person who is at least eighteen years of age.

4. A license to a person whose license or driving privilege has been suspended, during the suspension period.

5. Except as provided in section 28-3315, a license to a person whose license or driving privilege has been revoked.

6. A class A, B or C license to a person who has been disqualified from obtaining a commercial driver license.

7. A license to a person who on application notifies the department that the person is an alcoholic as defined in section 36-2021 or a drug dependent person as defined in section 36-2501, unless the person successfully completes the medical screening process pursuant to section 28-3052 or submits a medical examination report that includes a current evaluation from a certified substance abuse counselor indicating that, in the opinion of the counselor, the condition does not affect or impair the person's ability to safely operate a motor vehicle.

8. A license to a person who has been adjudged to be incapacitated pursuant to section 14-5304 and who at the time of application has not obtained EITHER A COURT ORDER THAT ALLOWS THE PERSON TO DRIVE OR a termination of incapacity as provided by law.

9. A license to a person who is required by this chapter to take an examination unless the person successfully passes the examination.

10. A license to a person who is required under the motor vehicle financial responsibility laws of this state to deposit proof of financial responsibility and who has not deposited the proof.

11. A license to a person if the department has good cause to believe that the operation of a motor vehicle on the highways by the person would threaten the public safety or welfare.

12. A license to a person whose driver license has been ordered to be suspended pursuant to section 25-518.

B. The department shall not issue a driver license to or renew the driver license of the following persons:

1. A person about whom the court notifies the department that the person violated the person's written promise to appear in court when charged with a violation of the motor vehicle laws of this state until the department receives notification in a manner approved by the department that the person appeared either voluntarily or involuntarily or that the case has been adjudicated, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

2. If notified pursuant to section 28-1601, a person who fails to pay a civil penalty as provided in section 28-1601, except for a parking violation, until the department receives notification in a manner approved by the department that the person paid the civil penalty, that the case is being appealed or that the case has otherwise been disposed of as provided by law.

C. The magistrate or the clerk of the court shall provide the notification to the department prescribed by subsection B of this section.

D. Notwithstanding any other law, the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof satisfactory to the department that the applicant's presence in the United States is authorized under federal law. The director shall adopt rules necessary to carry out the purposes of this subsection. The rules shall include procedures for:

1. Verification that the applicant's presence in the United States is authorized under federal law.

2. Issuance of a temporary driver permit pursuant to section 28-3157 pending verification of the applicant's status in the United States.

Sec. 4. Section 36-504, Arizona Revised Statutes, is amended to read:

36-504 . Notice of patient's rights; notification to family

A. Every person undergoing treatment or evaluation pursuant to this chapter shall be IS entitled to the rights set forth in this chapter and to rights that the deputy director, with the approval of the director, specifies by rules RULE . A list of patients' rights as required by this chapter and by the division shall be compiled and published by the deputy director, with the approval of the director, by rule. Such THE list shall be prominently posted in English and Spanish in all facilities providing evaluation or treatment. A patient's rights shall otherwise be brought to the attention of the patient as this chapter requires or the deputy director, with the approval of the director, may direct by rule.

B. An agency which is evaluating, examining or treating a person pursuant to article 4 or 5 of this chapter shall immediately notify the person's guardian or, if none, a member of the person's family that the person is being treated in the agency. IF THE PERSON HAS AN AGENT APPOINTED PURSUANT TO CHAPTER 32 OF THIS TITLE, THE AGENCY SHALL NOTIFY THAT AGENT. If the agency is unable to learn the identity of the guardian or a member of the person's family or is unable to contact them, it shall document every attempt that was made to comply with such notification. The agency shall release any further information only after the treating professional or his THAT PERSON'S designee interviews the person undergoing treatment or evaluation to determine whether or not release is in that person's best interests. A decision to release or withhold information is subject to review pursuant to section 36-517.01. The treating agency shall record the name of a person to whom any information is given.

Sec. 5. Section 36-509, Arizona Revised Statutes, is amended to read:

36-509 . Confidential records

A. All information and records obtained in the course of evaluation, examination or treatment shall be kept confidential and not as public records, except as the requirements of a hearing pursuant to this chapter may necessitate a different procedure. Information and records may only be disclosed, pursuant to rules established by the department, to:

1. Physicians and providers of health, mental health or social and welfare services involved in caring for, treating or rehabilitating the patient.

2. Individuals to whom the patient has given consent to have information disclosed.

3. Persons legally representing the patient, and in such case, the department's rules shall not delay complete disclosure.

4. Persons authorized by a court order.

5. Persons doing research or maintaining health statistics, provided that the department establishes rules for the conduct of such research as will insure ENSURE the anonymity of the patient.

6. The state department of corrections in cases where prisoners confined to the state prison are patients in the state hospital on authorized transfers either by voluntary admission or by order of the court.

7. Governmental or law enforcement agencies when IF necessary to secure the return of a patient who is on unauthorized absence from any agency where the patient was undergoing evaluation and treatment.

8. Family members actively participating in the patient's care, treatment or supervision. An agency or nonagency treating professional may only release information relating to the person's diagnosis, prognosis, need for hospitalization, anticipated length of stay, discharge plan, medication, medication side effects and short-term and long-term treatment goals.

9. A state agency that licenses health professionals pursuant to title 32, chapter 13, 15, 17 or 19.1 and that requires these records in the course of investigating complaints of professional negligence, incompetence or lack of clinical judgment.

10. The state department of education , or school district of residence of a person between three and twenty-two years of age for whom the information is necessary in order to provide educational services required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415). The information provided shall be limited to evaluation and treatment information that affects the educational programming and placement decisions for the patient.

11. A governmental agency or a competent professional , AS DEFINED IN SECTION 36-3701, in order to comply with the provisions of chapter 37 of this title.

12. AN AGENT APPOINTED PURSUANT TO CHAPTER 32 OF THIS TITLE.

B. An agency or nonagency treating professional shall release information pursuant to subsection A, paragraph 8 of this section only after the treating professional or his THAT PERSON'S designee interviews the person undergoing treatment or evaluation to determine whether or not release is in that person's best interests. A decision to release or withhold information is subject to review pursuant to section 36-517.01. The treating agency shall record the name of any person to whom any information is given.

Sec. 6. Section 36-514, Arizona Revised Statutes, is amended to read:

36-514 . Visitation; telephone; correspondence; religious freedom

Every person detained for evaluation or treatment pursuant to this chapter shall have the following additional rights:

1. To be visited by his THE PERSON'S personal physician, GUARDIAN, AGENT APPOINTED PURSUANT TO CHAPTER 32 OF THIS TITLE, attorney and clergyman or any other person, subject to reasonable limitations as the individual in charge of the agency may direct.

2. To have reasonable access to telephones between the hours of nine a.m. and nine p.m. to make and receive confidential calls. In addition, a person upon confinement WHO IS CONFINED pursuant to this title shall be IS allowed to make two completed local telephone calls within two hours of initial confinement. Long distance calls shall be ARE allowed if the patient can pay the agency for them or can properly charge them to another number. The agency may restrict the phone TELEPHONE privileges of a patient when IF IT IS notified by the person receiving the calls that the person is being harassed by the calls and wishes them curtailed or halted. Restriction of phone TELEPHONE privileges shall be entered into the patient's clinical record and the information therein shall be made available on request to the person, his AND THAT PERSON'S attorney , or guardian OR AGENT APPOINTED PURSUANT TO CHAPTER 32 OF THIS TITLE .

3. To be furnished with reasonable amounts of stationery and postage and to be permitted to correspond by mail without censorship with any person.

4. To enjoy religious freedom and the right to continue the practice of his THE PERSON'S religion in accordance with its tenets during the detainment, except that this right may not interfere with the operation of the agency.

Sec. 7. Section 36-518, Arizona Revised Statutes, is amended to read:

36-518 . Application for voluntary admission; admission to agency; minors; transportation

A. Pursuant to rules of the division, any person eighteen years of age or older who manifests the capacity to give and gives informed consent may be hospitalized for evaluation, care and treatment by voluntarily making written application on a prescribed form. The agency to which the person applies may accept and admit the person if the medical director of the agency or the admitting officer believes that the person needs evaluation or will benefit from care and treatment of a mental disorder or other personality disorder or emotional condition in the agency. INFORMED CONSENT AS DEFINED IN SECTION 36-501 MAY BE GIVEN BY THE PERSON'S GUARDIAN PURSUANT TO SECTION 14-5312.01 OR BY THAT PERSON'S AGENT APPOINTED PURSUANT TO CHAPTER 32, ARTICLE 6 OF THIS TITLE IF THAT AGENT WAS GRANTED THE AUTHORITY TO DO THIS BY THE MENTAL HEALTH CARE POWER OF ATTORNEY. IF AN AGENT GIVES INFORMED CONSENT AS DEFINED IN SECTION 36-501, AN EVALUATION SHALL BE CONDUCTED PURSUANT TO SECTION 36-3284.

B. Notwithstanding subsection C of this section, and except in the case of an emergency admission, no A minor who is in the custody of the juvenile court or the department of juvenile corrections, who is a ward of the juvenile court as a dependent child, or who is a ward of the juvenile court or the department of juvenile corrections as a delinquent or incorrigible child and is placed in the physical custody of someone other than his natural or adoptive parent pursuant to section 8-242.01, subsection B shall NOT be admitted for evaluation or treatment unless approved by the court upon ON application filed by the child's probation officer, parole officer, caseworker or attorney as provided in section 8-242.01.

C. A minor may be admitted to a mental health agency as defined in section 8-201 by the written application of the parent, guardian or custodian of the minor after the following has occurred:

1. A psychiatric investigation by the medical director of the mental health agency which carefully probes the child's social, psychological and developmental background.

2. An interview with the child by the medical director of the mental health agency.

3. The medical director has explained to the child and the child's parent, guardian or custodian the program of evaluation or treatment contemplated and its probable length.

4. The medical director has explored and considered available alternatives to inpatient treatment or evaluation.

5. The medical director of a mental health agency has determined whether the child needs an inpatient evaluation or will benefit from care and treatment of a mental disorder or other personality disorder or emotional condition in the agency and whether the evaluation or treatment goals can be accomplished in a less restrictive setting. A record of the reasons for this determination shall be made.

D. If the child's situation does not satisfy the requirements of subsection C of this section, the application by the parent, guardian or custodian shall be refused.

E. All emergency admissions for mental health evaluation or treatment of children shall be made pursuant to the standards and procedures in article 4 of this chapter.

F. The board of supervisors of the county of residence of a person who has submitted an application for admission to the state hospital pursuant to subsection A of this section shall provide transportation to the state hospital for the person if it appears that the person is eligible for voluntary admission to the state hospital after consultation between the state hospital and the evaluation or screening agency. The county is responsible for such THAT expense to the extent the expense is not covered by any third party payor.

Sec. 8. Section 36-533, Arizona Revised Statutes, is amended to read:

36-533 . Petition for treatment

A. The petition for court-ordered treatment shall allege:

1. That the patient is in need of a period of treatment because he is THE PATIENT , as a result of mental disorder, IS a danger to self or to others, is persistently or acutely disabled or is gravely disabled.

2. The treatment alternatives which are appropriate or available.

3. That the patient is unwilling to accept or incapable of accepting treatment voluntarily.

B. The petition shall be accompanied by the affidavits of the two physicians who conducted the examinations during the evaluation period and by the affidavit of the applicant for the evaluation, if any. The affidavits of the physicians shall describe in detail the behavior which indicates that the person is , as a result of mental disorder, IS a danger to self or to others, is persistently or acutely disabled or is gravely disabled and shall be based upon the physician's examination of the patient and his THE PHYSICIAN'S study of information about the patient. A summary of the facts which support the allegations of the petition shall be included.

C. The petition shall request the court to issue an order requiring the person to undergo a period of treatment.

D. In cases of grave disability the petition shall also include:

1. A statement that in the opinion of the petitioner the gravely disabled person does or does not require guardianship or conservatorship, or both, under the provisions of article 8 of this chapter and under the provisions of title 14 , and the reasons on which the statement is based.

2. A request that the court order an independent investigation and report for the court if in the opinion of the petitioner the person does require guardianship or conservatorship, or both.

3. A statement that in the opinion of the petitioner the gravely disabled person does or does not require temporary guardianship or conservatorship, or both, and the reasons on which the statement is based.

4. A request that the court appoint a temporary guardian or conservator, or both, if in the opinion of the petitioner the person does require temporary guardianship or conservatorship, or both.

E. A copy of the petition in cases of grave disability shall be mailed to the public fiduciary in the county of the patient's residence or in which the patient was found prior to BEFORE evaluation and to any person nominated as guardian or conservator.

F. A copy of all petitions shall be mailed to the superintendent of the Arizona state hospital.

Sec. 9. Section 36-540, Arizona Revised Statutes, is amended to read:

36-540 . Court options

A. If the court finds by clear and convincing evidence that the proposed patient is , as a result of mental disorder, IS a danger to himself, is a danger to others, is persistently or acutely disabled or is gravely disabled and in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court shall order him THE PATIENT to undergo one of the following:

1. Treatment in a program of outpatient treatment.

2. Treatment in a program consisting of combined inpatient and outpatient treatment.

3. Inpatient treatment in a mental health treatment agency, in a veterans administration hospital pursuant to article 9 of this chapter, in the state hospital or in a private hospital, if the private hospital agrees, subject to the limitations of section 36-541.

B. The court shall consider all available and appropriate alternatives for the treatment and care of the patient. The court shall order the least restrictive treatment alternative available.

C. The court may order the proposed patient to undergo outpatient or combined inpatient and outpatient treatment pursuant to subsection A, paragraph 1 or 2 of this section if the court:

1. Determines that all of the following apply:

(a) The patient does not require continuous inpatient hospitalization.

(b) The patient will be more appropriately treated in an outpatient treatment program or in a combined inpatient and outpatient treatment program.

(c) The patient will follow a prescribed outpatient treatment plan.

(d) The patient will not likely become dangerous or suffer more serious physical harm or serious illness or further deterioration if he THE PATIENT follows a prescribed outpatient treatment plan.

2. Is presented with and approves a written treatment plan which conforms with the requirements of section 36-540.01, subsection B. If the treatment plan presented to the court pursuant to this subsection provides for supervision of the patient under court order by a mental health agency that is other than the mental health agency that petitioned or requested the county attorney to petition the court for treatment pursuant to section 36-531, the treatment plan must be approved by the medical director of the mental health agency that will supervise the treatment pursuant to subsection E of this section.

D. An order to receive treatment pursuant to subsection A, paragraph 1 or 2 of this section shall not exceed three hundred sixty-five days. The period of inpatient treatment under a combined treatment order pursuant to subsection A, paragraph 2 of this section shall not exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section.

E. If the court enters an order for treatment pursuant to subsection A, paragraph 1 or 2 of this section, all of the following apply:

1. The court shall designate the medical director of the mental health treatment agency that will supervise and administer the patient's treatment program.

2. The medical director shall not use the services of any person, agency or organization to supervise a patient's outpatient treatment program unless the person, agency or organization has agreed to provide such services in the individual patient's case and unless the department has determined that the person, agency or organization is capable and competent to do so.

3. The person, agency or organization assigned to supervise an outpatient treatment program or the outpatient portion of a combined treatment program shall be notified at least three days before a referral. The medical director making the referral and the person, agency or organization assigned to supervise the treatment program shall share relevant information about the patient to provide continuity of treatment.

4. During any period of outpatient treatment under subsection A, paragraph 2 of this section, if the court, upon motion by the medical director of the patient's outpatient mental health treatment facility, determines that the patient is not complying with the terms of the order or that the outpatient treatment plan is no longer appropriate and the patient needs inpatient treatment, the court, without a hearing and based upon the court record, the patient's medical record, the affidavits and recommendations of the medical director, and the advice of staff and physicians familiar with the treatment of the patient, may enter an order amending its original order. The amended order may alter the outpatient treatment plan or order the patient to inpatient treatment pursuant to subsection A, paragraph 3 of this section. The amended order shall not increase the total period of commitment originally ordered by the court or, when added to the period of inpatient treatment provided by the original order and any other amended orders, exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section. If the patient refuses to comply with an amended order for inpatient treatment, the court may authorize and direct a peace officer, on the request of the medical director, to take the patient into protective custody and transport him THE PATIENT to the agency for inpatient treatment. When reporting to or being returned to a treatment agency for inpatient treatment pursuant to an amended order, the patient shall be informed of his right to judicial review and his right to consult with counsel pursuant to section 36-546.

5. During any period of outpatient treatment under subsection A, paragraph 2 of this section, if the medical director of the outpatient treatment facility in charge of the patient's care determines, in concert with the medical director of an inpatient mental health treatment facility who has agreed to accept the patient, that the patient is in need of immediate acute inpatient psychiatric care because of behavior that is dangerous to himself or to others, the medical director of the outpatient treatment facility may order a peace officer to apprehend and transport the patient to the inpatient treatment facility pending a court determination on an amended order under paragraph 4 of this subsection. The patient may be detained and treated at the inpatient treatment facility for a period of no more than forty-eight hours, exclusive of weekends and holidays, from the time that the patient is taken to the inpatient treatment facility. The medical director of the outpatient treatment facility shall file the motion for an amended court order requesting inpatient treatment no later than the next working day following the patient being taken to the inpatient treatment facility. Any period of detention within the inpatient treatment facility pending issuance of an amended order shall not increase the total period of commitment originally ordered by the court or, when added to the period of inpatient treatment provided by the original order and any other amended orders, exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section. If a patient is ordered to undergo inpatient treatment pursuant to an amended order, the medical director of the outpatient treatment facility shall inform the patient of the patient's right to judicial review and to consult with an attorney pursuant to section 36-546.

F. The maximum periods of inpatient treatment which the court may order, subject to the limitations of section 36-541, are as follows:

1. Ninety days for a person found to be a danger to self.

2. One hundred eighty days for a person found to be a danger to others.

3. One hundred eighty days for a person found to be persistently or acutely disabled.

4. Three hundred sixty-five days for a person found to be gravely disabled.

G. If, upon ON finding that the patient is gravely disabled, the court also finds that the evidence indicates that the patient is or may be in need of guardianship or conservatorship, or both, the court shall order an investigation concerning the need for a guardian or conservator, or both, and shall appoint a suitable person or agency to conduct the investigation. The appointee may include the mental health treatment agency that is providing inpatient or outpatient treatment, a court appointed visitor or the public fiduciary if there is no person willing and qualified to act in that capacity. The court shall give notice of the appointment to the appointee within three days of the appointment. Such THE appointee shall submit the report of the investigation to the court within twenty-one days. The report shall include recommendations as to who should be guardian or who should be conservator, or both, and a report of the findings and reasons for the recommendation. If the investigation and report so indicate, the court shall order the appropriate person to submit a petition to become the guardian or conservator, or both, of the patient.

H. If, upon ON finding that a patient is gravely disabled, the court also finds that the patient is in need of immediate guardianship for the purpose of protection of the patient or for the purpose of carrying out alternatives to court-ordered treatment, the court may appoint as a temporary guardian a suitable person or the public fiduciary, if there is no person qualified and willing to act in that capacity.

I. If, upon ON finding that a patient is gravely disabled, the court also learns that the patient has a guardian appointed under title 14, the court may with notice impose upon the existing guardian additional duties pursuant to section 36-547, subsection B, paragraph 2 and may include an order that the guardian may place his ward in a mental health treatment agency during the ensuing year subject to the provisions of section 36-547.04 14-5312.01 .

J. The court shall file a report as part of the court record on its findings of alternatives for treatment.

K. In no event shall Treatment SHALL NOT include psychosurgery, lobotomy or any other brain surgery without specific informed consent of the patient or his THE PATIENT'S legal guardian and an order of the superior court in the county in which the treatment is proposed, approving with specificity the use of such THE treatment.

L. The medical director or any person, agency or organization used by the medical director to supervise the terms of an outpatient treatment plan shall not be held civilly liable for any acts committed by a patient while on outpatient treatment if the medical director, person, agency or organization has in good faith followed the requirements of this section.

M. A peace officer who in good faith apprehends and transports a patient to an inpatient treatment facility on the order of the medical director of the outpatient treatment facility pursuant to subsection E, paragraph 5 of this section shall not be subject to civil liability.

Sec. 10. Section 36-540.02, Arizona Revised Statutes, is amended to read:

36-540.02 . Transfer of gravely disabled person without a guardian from a mental health treatment agency to another health care facility

A. A person who does not have a guardian under the provisions of article 8 of this chapter SECTION 14-5312.01 and who has been found by the court to be gravely disabled and ordered to undergo treatment pursuant to this article may receive care in another health care institution licensed by the department during the course of his THE PERSON'S court-ordered treatment in accordance with DEPARTMENT rules and regulations of the department .

B. The deputy director, with the approval of the director, shall promulgate ADOPT rules and regulations pertaining to persons described in subsection A OF THIS SECTION to provide for their alternative care in another health care institution licensed by the department during the course of court-ordered treatment. The regulations RULES shall allow transfer of patients from a mental health treatment agency to another health care institution, transfer from one such institution to another , and return to a mental health treatment agency.

Sec. 11. Section 36-543, Arizona Revised Statutes, is amended to read:

36-543 . Release from treatment of gravely disabled patient; annual review and examination

A. A patient found to be gravely disabled and ordered to undergo treatment may be released from inpatient treatment when, in the opinion of the medical director of the mental health treatment agency, the level of care offered by the agency is no longer required. The patient may agree to continue treatment voluntarily. If the patient is to be released, the medical director shall arrange for an appropriate alternative placement.

B. If a patient to be released is under guardianship as a gravely disabled person, the medical director of the mental health treatment agency shall notify the guardian ten days before the intended release date that the ward no longer requires the level of care offered by the agency. The guardian shall arrange alternative placement with the advice and recommendations of the medical director of the mental health treatment agency.

C. The medical director of the mental health treatment agency is not civilly liable for any acts committed by the released patient if the medical director has in good faith complied with the requirements of this article.

D. A patient who has been found to be gravely disabled and is undergoing court-ordered treatment shall have an annual examination and review to determine whether the continuation of court-ordered treatment is appropriate and to assess the needs of the patient for guardianship or conservatorship, or both. The medical director of the mental health treatment agency shall appoint one or more examiners qualified to carry out the examination, at least one of whom shall be a psychiatrist licensed to practice in this state, and may at the discretion of the medical director appoint one or more additional examiners.

E. Each examiner participating in the annual examination and review of a gravely disabled person shall submit a report to the medical director of the mental health treatment agency which includes the following:

1. His THE EXAMINER'S opinions as to whether the patient continues to be gravely disabled and in need of treatment.

2. A statement as to whether suitable alternatives to court-ordered treatment are available.

3. A statement as to whether voluntary treatment would be appropriate.

4. A review of the patient's status as to guardianship or conservatorship, or both, the adequacy of existing protections of the patient and the continued need for guardianship or conservatorship, or both. If the examiner concludes that the patient's needs in these areas are not being adequately met, the examiner's report shall recommend that the court order an investigation into the patient's needs.

F. The medical director of the mental health treatment agency shall forward the results of the annual examination and review of a gravely disabled person to the court including his THE MEDICAL DIRECTOR'S recommendation based upon ON the review which may be release of the patient without delay, release with delay or no release. If the patient does not have a guardian, the court shall, upon ON receipt of the medical director's report, appoint an attorney to represent the patient. An attorney appointed under this subsection shall , within three days after appointment, to the extent possible, SHALL fulfill the duties imposed by section 36-537 and review the medical director's report, the patient's medical records, interview the physician who prepared the report and, if appropriate, request a hearing. If the patient is under guardianship under the provisions of article 8 of this chapter PURSUANT TO SECTION 14-5312.01 , a copy of the report shall be mailed to the patient's guardian and release is further subject to subsection B of this section and section 36-547.05 . If the medical director's recommendation is no release or release with delay , the court may accept the report and recommendation of the medical director or order a hearing. The court shall order a hearing if requested to do so by the patient, the medical director or, if the patient has a guardian under the provisions of article 8 of this chapter PURSUANT TO SECTION 14-5312.01 , the guardian. If a hearing is ordered, the court may order additional examinations of the patient. The hearing shall be held within three weeks of the request. At the hearing the court may order the patient released or may order that treatment be continued. The court may also order an investigation into the need for guardianship.

G. The deputy director shall create and operate a program to assure that the examination and review of gravely disabled persons are carried out in an effective and timely manner. The deputy director, with the approval of the director, shall promulgate regulations ADOPT RULES needed to operate this program.

Sec. 12. Repeal

Title 36, chapter 5, article 8, Arizona Revised Statutes, is repealed.

Sec. 13. Section 36-550.08, Arizona Revised Statutes, is amended to read:

36-550.08 . Clients' rights

Clients receiving treatment pursuant to this article are entitled to all the rights enumerated in articles 1 through 9 of this chapter.

Sec. 14. Section 36-551, Arizona Revised Statutes, is amended to read:

36-551 . Definitions

In this chapter, unless the context otherwise requires:

1. "Adaptive behavior" means the effectiveness or degree to which the individual meets the standards of personal independence and social responsibility expected of the person's age and cultural group.

2. "Adult developmental home" means a residential setting in a family home in which the care, physical custody and supervision of the adult client are the responsibility, under a twenty-four hour care model, of the licensee who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three adults with developmental disabilities:

(a) Room and board.

(b) Habilitation.

(c) Appropriate personal care.

(d) Appropriate supervision.

3. "Adult household member" means a person who is at least eighteen years of age and who resides in an adult developmental home, child developmental foster home, secure setting or home and community based service setting for at least thirty days or who resides in the household throughout the year for more than a cumulative total of thirty days.

4. "Advisory council" means the developmental disabilities advisory council.

5. "Arizona training program facility" means a state operated institution for developmentally disabled clients of the department.

6. "Attributable to mental retardation, epilepsy, cerebral palsy or autism" means that there is a causal relationship between the presence of an impairing condition and the developmental disability.

7. "Autism" means a condition characterized by severe disorders in communication and behavior resulting in limited ability to communicate, understand, learn and participate in social relationships.

8. "Case manager" means a person who coordinates the implementation of the individual program plan of goals, objectives and appropriate services for persons with developmental disabilities.

9. "Case management" means coordinating the assistance needed by persons with developmental disabilities and their families in order to ensure that persons with developmental disabilities attain their maximum potential for independence, productivity and integration into the community.

10. "Cerebral palsy" means a permanently disabling condition resulting from damage to the developing brain which may occur before, after or during birth and results in loss or impairment of control over voluntary muscles.

11. "Child developmental foster home" means a residential setting in a family home in which the care, physical custody and supervision of the child are the responsibility, under a twenty-four hour care model, of the licensee who serves as the foster parent of the child in the home setting and who, in that capacity, is not an employee of the division or of a service provider and the home provides the following services for a group of siblings or up to three children with developmental disabilities:

(a) Room and board.

(b) Habilitation.

(c) Appropriate personal care.

(d) Appropriate supervision.

12. "Client" means a person receiving developmental disabilities services from the department.

13. "Community residential setting" means a child developmental foster home, an adult developmental home or a secure setting operated or contracted by the department in which persons with developmental disabilities live and are provided with appropriate supervision by the service provider responsible for the operation of the residential setting.

14. "Consent" means voluntary informed consent. Consent is voluntary if not given as the result of coercion or undue influence. Consent is informed if the person giving the consent has been informed of and comprehends the nature, purpose, consequences, risks and benefits of the alternatives to the procedure, and has been informed and comprehends that withholding or withdrawal of consent will not prejudice the future provision of care and services to the client. In cases of unusual or hazardous treatment procedures performed pursuant to section 36-561, subsection A, experimental research, organ transplantation and non-therapeutic surgery, consent is informed if, in addition to the foregoing, the person giving the consent has been informed of and comprehends the method to be used in the proposed procedure.

15. "Daily habilitation" means habilitation as defined in this section except that the method of payment is for one unit per residential day.

16. "Department" means the department of economic security.

17. "Developmental disability" means either a strongly demonstrated potential that a child under the age of six years is developmentally disabled or will become developmentally disabled, as determined by a test performed pursuant to section 36-694 or by other appropriate tests, or a severe, chronic disability which:

(a) Is attributable to mental retardation, cerebral palsy, epilepsy or autism.

(b) Is manifest before age eighteen.

(c) Is likely to continue indefinitely.

(d) Results in substantial functional limitations in three or more of the following areas of major life activity:

(i) Self-care.

(ii) Receptive and expressive language.

(iii) Learning.

(iv) Mobility.

(v) Self-direction.

(vi) Capacity for independent living.

(vii) Economic self-sufficiency.

(e) Reflects the need for a combination and sequence of individually planned or coordinated special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration.

18. "Director" means the director of the department of economic security.

19. "Division" means the division of developmental disabilities in the department of economic security.

20. "Epilepsy" means a neurological condition characterized by abnormal electrical-chemical discharge in the brain. This discharge is manifested in various forms of physical activities called seizures.

21. "Group home" means a residential setting for not more than six persons with developmental disabilities that is operated by a service provider under contract with the division and that provides, in a shared living environment, room and board and daily habilitation. Group home does not include an adult developmental home, a child developmental foster home, secure setting or an intermediate care facility for the mentally retarded.

22. "Guardian" means the person who, under court order, is appointed to fulfill the powers and duties prescribed in section 14-5312. Guardian does not include a guardian pursuant to section 36-547 14-5312.01 .

23. "Habilitation" means the process by which an individual is assisted to acquire and maintain those life skills which enable the person to cope more effectively with the demands of his person and environment and to raise the level of his physical, mental and social efficiency.

24. "Indigent" means a developmentally disabled person whose estate or parent is unable to bear the full cost of maintaining or providing services for such person in a developmental disabilities program.

25. "Individual program plan" means a written statement of services to be provided to a person with developmental disabilities, including habilitation goals and objectives, which is developed following initial placement evaluation and revised after periodic evaluations.

26. "Intermediate care facility for the mentally retarded" means a facility that primarily provides health and rehabilitative services to persons with developmental disabilities that are above the service level of room and board, supervisory care services or personal care services as defined in section 36-401 but that are less intensive than skilled nursing services.

27. "Large group setting" means a setting which in addition to residential care provides support services such as therapy, recreation and transportation to seven or more developmentally disabled persons who require intensive supervision.

28. "Least restrictive alternative" means an available program or facility that fosters independent living, which is the least confining for the client's condition and where service and treatment are provided in the least intrusive manner reasonably and humanely appropriate to the individual's needs.

29. "Likely to continue indefinitely" means that the developmental disability has a reasonable likelihood of continuing for a protracted period of time or for life.

30. "Manifested before age eighteen" means that the disability must be apparent and have a substantially limiting effect on a person's functioning prior to BEFORE age eighteen.

31. "Medically needy resident" has the same meaning prescribed in section 36-2905.

32. "Mental retardation" means a condition involving subaverage general intellectual functioning and existing concurrently with deficits in adaptive behavior manifested before age eighteen.

33. "Physician" means a person licensed to practice pursuant to title 32, chapter 13 or 17.

34. "Placement evaluation" means an interview and evaluation of a developmentally disabled person and a review of the person's prior medical and program histories to determine the appropriate developmental disability programs and services for the person and recommendations for specific program placements for the person.

35. "Psychologist" means a person licensed pursuant to title 32, chapter 19.1.

36. "Respite services" means services that provide a short-term or long-term interval of rest or relief to the care provider of a developmentally disabled person.

37. "Responsible person" means the parent or guardian of a developmentally disabled minor, the guardian of a developmentally disabled adult or a developmentally disabled adult who is a client or an applicant for whom no guardian has been appointed.

38. "Secure facility" means a facility that is licensed and monitored by the division, that is designed to provide both residential and program services within the facility and that is operated to prevent clients from leaving because of the danger they may present to themselves and the community.

39. "Service provider" means a person or agency that provides services to clients pursuant to a contract or service agreement with the division.

40. "State operated service center" means a state owned or leased facility that is operated by the department and that provides temporary residential care and space for child and adult services which include respite care, crisis intervention and diagnostic evaluation.

41. "Subaverage general intellectual functioning" means measured intelligence on standardized psychometric instruments of two or more standard deviations below the mean for the tests used.

42. "Substantial functional limitation" means a limitation so severe that extraordinary assistance from other people, programs, services or mechanical devices is required to assist the person in performing appropriate major life activities.

43. "Supervision" means the process by which the activities of an individual with developmental disabilities are directed, influenced or monitored.

Sec. 15. Section 36-3201, Arizona Revised Statutes, is amended to read:

36-3201 . Definitions

In this chapter, unless the context otherwise requires:

1. "Agent" means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney.

2. "Artificially administered" means providing food or fluid through a medically invasive procedure.

3. "Attending physician" means a physician who has the primary responsibility for a principal's health care.

4. "Close friend" means an adult who has exhibited special care and concern for the principal, who is familiar with the principal's health care views and desires and who is willing and able to make health care decisions for a principal as prescribed by section 36-3205.

5. 4. "Comfort care" means treatment given in an attempt to protect and enhance the quality of life without artificially prolonging that life.

6. 5. "Health care directive" means a document drafted in substantial compliance with this chapter , INCLUDING A MENTAL HEALTH CARE POWER OF ATTORNEY, to deal with a person's future health care decisions.

7. 6. "Health care power of attorney" means a written designation of an agent to make health care decisions that meets the requirements of section 36-3221 and that comes into effect and is durable as provided in section 36-3223, subsection A.

8. 7. "Health care provider" means a natural person who is licensed under title 32, chapter 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under title 32, chapter 13, 15, 17 or 25.

9. 8. "Interested person" means the patient, a person listed under section 36-3231, subsection A, a health care provider directly involved in the patient's medical care or an employee of a health care provider.

10. 9. "Living will" means a statement written either by a person who has not written a health care power of attorney or by the principal as an attachment to a health care power of attorney and intended to guide or control the health care treatment decisions that can be made on that person's behalf.

10. "MENTAL HEALTH CARE POWER OF ATTORNEY" MEANS A WRITTEN DESIGNATION OF AN AGENCY TO MAKE MENTAL HEALTH CARE DECISIONS THAT MEETS THE REQUIREMENTS OF SECTION 36-3281.

11. "Physician" means a doctor of medicine licensed pursuant to title 32, chapter 13 or doctor of osteopathy licensed pursuant to title 32, chapter 17.

12. "Principal" means a person who is the subject of a health care power of attorney.

13. "Surrogate" means a person authorized to make health care decisions for a patient by a power of attorney, a court order or the provisions of section 36-3231.

Sec. 16. Section 36-3231, Arizona Revised Statutes, is amended to read:

36-3231 . Surrogate decision makers; priorities; limitations

A. If an adult patient is unable to make or communicate health care treatment decisions, a health care provider shall make a reasonable effort to locate and shall follow a health care directive. A health care provider shall also make a reasonable effort to consult with a surrogate. If the patient has a health care power of attorney that meets the requirements of section 36-3221, the patient's designated agent shall act as the patient's surrogate. However, if the court appoints a guardian for the express purpose of making health care treatment decisions, that guardian shall act as the patient's surrogate. If neither of these situations apply APPLIES , the health care provider shall make reasonable efforts to contact the following individual or individuals in the indicated order of priority, who are available and willing to serve as the surrogate, who then have the authority to make health care decisions for the patient and who shall follow the patient's wishes if they are known:

1. The patient's spouse, unless the patient and spouse are legally separated.

2. An adult child of the patient. If the patient has more than one adult child, the health care provider shall seek the consent of a majority of the adult children who are reasonably available for consultation.

3. A parent of the patient.

4. If the patient is unmarried, the patient's domestic partner if no other person has assumed any financial responsibility for the patient.

5. A brother or sister of the patient.

6. A close friend of the patient. For the purposes of this paragraph, "close friend" means an adult who has exhibited special care and concern for the patient, who is familiar with the patient's health care views and desires and who is willing and able to become involved in the patient's health care and to act in the patient's best interest.

B. If the health care provider cannot locate any of the people listed in subsection A of this section, the patient's attending physician may make health care treatment decisions for the patient after the physician consults with and obtains the recommendations of an institutional ethics committee. If this is not possible, the physician may make these decisions after consulting with a second physician who concurs with the physician's decision. For the purposes of this subsection, "institutional ethics committee" means a standing committee of a licensed health care institution appointed or elected to render advice concerning ethical issues involving medical treatment.

C. A person who makes a good faith medical decision pursuant to this section is immune from liability to the same extent and under the same conditions as prescribed in section 36-3205.

D. A surrogate who is not the patient's agent or guardian shall not make decisions to withdraw the artificial administration of food or fluid.

E. EXCEPT AS PROVIDED IN SECTION 14-5312.01, 14-5312.02 OR 36-3281, A SURROGATE WHO IS NOT THE PATIENT'S AGENT OR GUARDIAN SHALL NOT MAKE DECISIONS TO ADMIT THE PATIENT TO A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES.

Sec. 17. Title 36, chapter 32, Arizona Revised Statutes, is amended by adding article 6, to read:

article 6. mental health care power of attorney

36-3281 . Mental health care power of attorney; scope; definition

A. AN ADULT, KNOWN AS THE PRINCIPAL, PURSUANT TO SECTION 36-3282 MAY DESIGNATE ANOTHER ADULT OR ADULTS, KNOWN AS THE AGENT, TO ACT AS AN AGENT AND TO MAKE MENTAL HEALTH CARE DECISIONS ON THAT PERSON'S BEHALF. THE PRINCIPAL MAY ALSO DESIGNATE AN ALTERNATE ADULT OR ADULTS TO ACT AS AGENT IF THE ORIGINAL DESIGNATED AGENT OR AGENTS ARE UNWILLING OR UNABLE TO ACT.

B. AN AGENT WHO HAS ACCEPTED THE APPOINTMENT IN WRITING MAY MAKE DECISIONS ABOUT MENTAL HEALTH TREATMENT ON BEHALF OF THE PRINCIPAL IF THE PRINCIPAL IS FOUND INCAPABLE. THESE DECISIONS SHALL BE CONSISTENT WITH ANY WISHES THE PRINCIPAL HAS EXPRESSED IN THE MENTAL HEALTH CARE DIRECTIVE.

C. AN AGENT SHALL NOT BE A PERSON WHO IS DIRECTLY INVOLVED WITH THE PROVISION OF HEALTH CARE TO THE PRINCIPAL AT THE TIME THE MENTAL HEALTH CARE POWER OF ATTORNEY IS EXECUTED.

D. FOR THE PURPOSES OF THIS SECTION, "INCAPABLE" MEANS THAT IN THE OPINION OF A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND WHO IS A SPECIALIST IN PSYCHIATRY OR A PSYCHOLOGIST WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 19.1, A PERSON'S INABILITY TO GIVE INFORMED CONSENT AS DEFINED IN SECTION 36-501.

36-3282 . Execution requirements

A. TO BE VALID, A MENTAL HEALTH CARE POWER OF ATTORNEY SHALL:

1. BE EXECUTED BY A PRINCIPAL WHO IS NOT INCAPABLE, AS DEFINED IN SECTION 32-3281.

2. BE IN WRITING.

3. CONTAIN LANGUAGE THAT CLEARLY INDICATES THAT THE PRINCIPAL INTENDS TO CREATE A MENTAL HEALTH CARE POWER OF ATTORNEY.

4. EXCEPT AS PROVIDED PURSUANT TO SUBSECTION C OF THIS SECTION, BE DATED AND SIGNED OR MARKED BY THE PRINCIPAL.

5. BE NOTARIZED OR WITNESSED IN WRITING BY AT LEAST ONE ADULT WHO AFFIRMS THAT THE NOTARY OR WITNESS WAS PRESENT WHEN THE PRINCIPAL DATED AND SIGNED OR MARKED THE MENTAL HEALTH CARE POWER OF ATTORNEY AND THAT THE PRINCIPAL APPEARED TO BE OF SOUND MIND AND FREE FROM DURESS, FRAUD OR UNDUE INFLUENCE AT THAT TIME.

B. IF A MENTAL HEALTH CARE POWER OF ATTORNEY EXPRESSLY PROVIDES THAT THE AGENT CAN ADMIT THE PRINCIPAL TO A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES, EACH PARAGRAPH THAT GRANTS THIS AUTHORITY MUST BE SEPARATELY INITIALED BY THE PRINCIPAL AT THE TIME THE MENTAL HEALTH CARE POWER OF ATTORNEY IS SIGNED AND WITNESSED.

C. IF THE PRINCIPAL IS PHYSICALLY UNABLE TO SIGN OR MARK A MENTAL HEALTH CARE POWER OF ATTORNEY, THE NOTARY AND EACH WITNESS SHALL VERIFY ON THE DOCUMENT THAT THE PRINCIPAL INDICATED TO THE NOTARY OR WITNESS THAT THE MENTAL HEALTH CARE POWER OF ATTORNEY EXPRESSED THE PRINCIPAL'S WISHES AND THAT THE PRINCIPAL INTENDED TO ADOPT THE MENTAL HEALTH CARE POWER OF ATTORNEY AT THAT TIME.

D. A NOTARY OR WITNESS SHALL NOT BE ANY OF THE FOLLOWING:

1. A PERSON DESIGNATED TO MAKE MEDICAL DECISIONS ON THE PRINCIPAL'S BEHALF.

2. A PROFESSIONAL CARE PROVIDER DIRECTLY INVOLVED WITH THE PROVISION OF CARE TO THE PRINCIPAL AT THE TIME THE MENTAL HEALTH CARE POWER OF ATTORNEY IS EXECUTED.

E. IF A MENTAL HEALTH CARE POWER OF ATTORNEY IS WITNESSED BY ONLY ONE PERSON, THAT PERSON SHALL NOT BE EITHER:

1. RELATED TO THE PRINCIPAL BY BLOOD, MARRIAGE OR ADOPTION.

2. ENTITLED TO ANY PART OF THE PRINCIPAL'S ESTATE BY WILL OR BY OPERATION OF LAW AT THE TIME THAT THE POWER OF ATTORNEY IS EXECUTED.

F. A MENTAL HEALTH CARE POWER OF ATTORNEY MAY BE USED AS PART OF OR INDEPENDENT OF A HEALTH CARE POWER OF ATTORNEY AS DEFINED IN SECTION 36-3201.

36-3283 . Powers and duties of an agent

A. AN AGENT MAY MAKE MENTAL HEALTH CARE DECISIONS FOR THE PRINCIPAL WHILE THE PRINCIPAL IS INCAPABLE, AS DEFINED IN SECTION 36-3281.

B. EXCEPT AS LIMITED BY SUBSECTION F OF THIS SECTION, AN AGENT'S AUTHORITY TO MAKE MENTAL HEALTH CARE DECISIONS IS LIMITED ONLY BY THE EXPRESS LANGUAGE OF THE MENTAL HEALTH CARE POWER OF ATTORNEY OR BY A COURT ORDER PURSUANT TO SECTION 36-3206.

C. THE APPOINTMENT OF A PERSON TO ACT AS AN AGENT IS EFFECTIVE UNTIL THAT AUTHORITY IS REVOKED BY THE PRINCIPAL OR BY A COURT ORDER.

D. AN AGENT HAS THE SAME RIGHT AS THE PRINCIPAL TO RECEIVE INFORMATION AND TO REVIEW THE PRINCIPAL'S MEDICAL RECORDS REGARDING PROPOSED MENTAL HEALTH TREATMENT AND TO RECEIVE, REVIEW AND CONSENT TO THE DISCLOSURE OF MEDICAL RECORDS RELATING TO THAT TREATMENT.

E. AN AGENT SHALL ACT CONSISTENTLY WITH THE WISHES OF THE PRINCIPAL AS EXPRESSED IN THE MENTAL HEALTH CARE POWER OF ATTORNEY. EXCEPT AS LIMITED BY SUBSECTION F OF THIS SECTION, IF THE PRINCIPAL'S WISHES ARE NOT EXPRESSED IN THE MENTAL HEALTH CARE POWER OF ATTORNEY AND ARE NOT OTHERWISE KNOWN BY THE AGENT, THE AGENT SHALL ACT IN ACCORDANCE WITH WHAT THE AGENT IN GOOD FAITH BELIEVES TO BE IN THE PRINCIPAL'S BEST INTERESTS.

F. AN AGENT MAY CONSENT TO ADMIT THE PRINCIPAL TO A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES IF THIS AUTHORITY IS EXPRESSLY STATED IN THE MENTAL HEALTH CARE POWER OF ATTORNEY.

G. AN AGENT IS NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY FOR DECISIONS MADE IN GOOD FAITH AND PURSUANT TO A MENTAL HEALTH CARE POWER OF ATTORNEY.

36-3284 . Operation of mental health care power of attorney; duties of physician or mental health care provider

A. A MENTAL HEALTH CARE POWER OF ATTORNEY IS EFFECTIVE WHEN IT IS EXECUTED AND REMAINS IN EFFECT UNTIL IT IS REVOKED BY THE PRINCIPAL PURSUANT TO SECTION 36-3285 OR BY COURT ORDER.

B. IF THE MENTAL HEALTH CARE POWER OF ATTORNEY SPECIFICALLY AUTHORIZES THE AGENT TO ADMIT THE PRINCIPAL TO A LEVEL ONE BEHAVIORAL HEALTH FACILITY, A PRINCIPAL SHALL NOT BE ADMITTED TO A LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES UNLESS A PHYSICIAN WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 13 OR 17 AND WHO IS A SPECIALIST IN PSYCHIATRY OR A PSYCHOLOGIST WHO IS LICENSED PURSUANT TO TITLE 32, CHAPTER 19.1 DOES ALL OF THE FOLLOWING:

1. CONDUCTS AN INVESTIGATION THAT CAREFULLY PROBES THE PRINCIPAL'S PSYCHIATRIC AND PSYCHOLOGICAL HISTORY, DIAGNOSIS AND TREATMENT NEEDS.

2. CONDUCTS A THOROUGH INTERVIEW WITH THE PRINCIPAL AND THE AGENT.

3. OBTAINS THE AGENT'S INFORMED CONSENT, AS DEFINED IN SECTION 36-501.

4. MAKES A WRITTEN DETERMINATION THAT THE PRINCIPAL NEEDS AN INPATIENT EVALUATION OR WILL BENEFIT FROM CARE AND TREATMENT OF A MENTAL DISORDER OR OTHER PERSONALITY DISORDER OR EMOTIONAL CONDITION IN THE PROGRAM AND THAT THE EVALUATION OR TREATMENT CANNOT BE ACCOMPLISHED IN A LESS RESTRICTIVE SETTING.

5. DOCUMENTS IN THE PRINCIPAL'S MEDICAL CHART A SUMMARY OF THE DOCTOR'S FINDINGS AND RECOMMENDATIONS FOR TREATMENT.

C. THE LEVEL ONE BEHAVIORAL HEALTH FACILITY LICENSED BY THE DEPARTMENT OF HEALTH SERVICES SHALL CONDUCT A REVIEW OF THE PRINCIPAL'S CONDITION AND NEED FOR ADMISSION INTO THE FACILITY AND ASSESS THE APPROPRIATENESS OF THE PRINCIPAL'S PLACEMENT AT LEAST ONCE EVERY THIRTY DAYS. THE AGENT MAY PARTICIPATE IN EACH REVIEW. IF POSSIBLE THE AGENT SHALL PARTICIPATE IN PERSON.

D. IF A MENTAL HEALTH CARE POWER OF ATTORNEY EXPRESSLY PROVIDES THAT MEDICAL TREATMENT MAY BE ADMINISTERED TO THE PRINCIPAL AGAINST THE PRINCIPAL'S WISHES ONLY PURSUANT TO THE DEVELOPMENT OF A SPECIFIC TREATMENT PLAN THAT IS REVIEWED AND APPROVED BY A PHYSICIAN, EACH PARAGRAPH THAT GRANTS THIS AUTHORITY MUST BE SEPARATELY INITIALED BY THE PRINCIPAL AT THE TIME THE MENTAL HEALTH CARE POWER OF ATTORNEY IS SIGNED AND WITNESSED.

36-3285 . Revocation; disqualification of agent

A. UNLESS LIMITED BY THE EXPRESS AUTHORITY IN THE DOCUMENT, A PRINCIPAL EVEN IF INCAPABLE, AS DEFINED IN SECTION 36-3281, MAY REVOKE ALL OR ANY PART OF THE PRINCIPAL'S MENTAL HEALTH CARE POWER OF ATTORNEY BY DOING ANY OF THE FOLLOWING:

1. MAKING A WRITTEN REVOCATION OF THE MENTAL HEALTH CARE POWER OF ATTORNEY OR A WRITTEN STATEMENT TO DISQUALIFY AN AGENT.

2. ORALLY NOTIFYING THE AGENT OR A MENTAL HEALTH CARE PROVIDER.

3. MAKING A NEW MENTAL HEALTH CARE POWER OF ATTORNEY.

4. ANY OTHER ACT THAT DEMONSTRATES A SPECIFIC INTENT TO REVOKE A MENTAL HEALTH CARE POWER OF ATTORNEY OR DISQUALIFY AN AGENT.

B. UNLESS A FACILITY HAS INSTITUTED PROCEEDINGS PURSUANT TO SECTION 36-533, IF A PRINCIPAL WHO IS A PATIENT IN A MENTAL HEALTH FACILITY REVOKES A MENTAL HEALTH CARE POWER OF ATTORNEY AND REQUESTS A DISCHARGE IN WRITING, THE FACILITY SHALL DISCHARGE THAT PERSON WITHIN TWENTY-FOUR HOURS AFTER IT RECEIVES THIS REQUEST, EXCLUDING WEEKENDS AND LEGAL HOLIDAYS.

36-3286 . Sample mental health care power of attorney

A PERSON MAY USE ANY WRITING THAT MEETS THE REQUIREMENTS OF SECTIONS 36-3281 AND 36-3282 TO CREATE A MENTAL HEALTH CARE POWER OF ATTORNEY. THE FOLLOWING FORM IS OFFERED AS A SAMPLE ONLY AND DOES NOT PREVENT A PERSON FROM USING OTHER LANGUAGE OR ANOTHER FORM.

MENTAL HEALTH CARE POWER OF ATTORNEY

I, ________________, BEING AN ADULT OF SOUND MIND, VOLUNTARILY MAKE THIS DECLARATION FOR MENTAL TREATMENT. I WANT THIS DECLARATION TO BE FOLLOWED IF I AM INCAPABLE, AS DEFINED IN SECTION 36-3281, ARIZONA REVISED STATUTES. I DESIGNATE _________________ (INCLUDE THE PERSON'S NAME, ADDRESS AND TELEPHONE NUMBER) AS MY AGENT FOR ALL MATTERS RELATING TO MY MENTAL HEATH CARE INCLUDING, WITHOUT LIMITATION, FULL POWER TO GIVE OR REFUSE CONSENT TO ALL MEDICAL, SURGICAL, HOSPITAL AND RELATED MENTAL HEALTH CARE. IF MY AGENT IS UNABLE OR UNWILLING TO SERVE OR CONTINUE TO SERVE, I APPOINT ____________________, (INCLUDE THE PERSON'S NAME, ADDRESS AND TELEPHONE NUMBER) AS MY AGENT. I WANT MY AGENT TO MAKE DECISIONS FOR MY MENTAL HEALTH CARE TREATMENT THAT ARE CONSISTENT WITH MY WISHES AS EXPRESSED IN THIS DOCUMENT OR, IF NOT SPECIFICALLY EXPRESSED, AS ARE OTHERWISE KNOWN TO MY AGENT.

IF MY WISHES ARE UNKNOWN TO MY AGENT, I WANT MY AGENT TO MAKE DECISIONS REGARDING MY MENTAL HEALTH CARE THAT ARE CONSISTENT WITH WHAT MY AGENT IN GOOD FAITH BELIEVES TO BE IN MY BEST INTERESTS. MY AGENT IS ALSO AUTHORIZED TO RECEIVE INFORMATION REGARDING PROPOSED MENTAL HEALTH TREATMENT AND TO RECEIVE, REVIEW AND CONSENT TO DISCLOSURE OF ANY MEDICAL RECORDS RELATING TO THAT TREATMENT.

THIS DECLARATION ALLOWS ME TO STATE MY WISHES REGARDING MENTAL HEALTH CARE TREATMENT INCLUDING MEDICATIONS, ADMISSION TO AND RETENTION IN A HEALTH CARE FACILITY FOR MENTAL HEALTH TREATMENT AND OUTPATIENT SERVICES.

(INITIAL ONE OF THE FOLLOWING)

_____ THIS MENTAL HEALTH CARE POWER OF ATTORNEY IS IRREVOCABLE IF I AM INCAPABLE OF REVOKING IT.

_____ THIS MENTAL HEALTH CARE POWER OF ATTORNEY IS REVOCABLE AT ALL TIMES.

THE FOLLOWING ARE MY WISHES REGARDING MY MENTAL HEALTH CARE TREATMENT IF I BECOME INCAPABLE, AS DEFINED IN SECTION 36-3281, ARIZONA REVISED STATUTES:

I CONSENT TO THE FOLLOWING MENTAL HEALTH TREATMENTS:

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

NOTE: IF IN THE ABOVE PARAGRAPH YOU HAVE EXPRESSLY CONSENTED TO GIVING YOUR AGENT THE POWER TO ADMIT YOU TO AN INPATIENT OR PARTIAL PSYCHIATRIC HOSPITALIZATION PROGRAM, PLEASE INITIAL HERE: ____

NOTE: IF IN THE ABOVE PARAGRAPH YOU HAVE ALSO EXPRESSLY CONSENTED TO GIVING YOUR AGENT THE POWER TO CONSENT TO MEDICAL TREATMENT AGAINST YOUR WISHES ONLY PURSUANT TO THE DEVELOPMENT OF A SPECIFIC TREATMENT PLAN THAT IS REVIEWED AND APPROVED BY A PHYSICIAN, PLEASE INITIAL HERE: ____.

I DO NOT CONSENT TO THE FOLLOWING MENTAL HEALTH TREATMENTS:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

ADDITIONAL INFORMATION ABOUT MY MENTAL HEALTH CARE TREATMENT NEEDS: (CONSIDER INCLUDING MENTAL OR PHYSICAL HEALTH HISTORY, DIETARY REQUIREMENTS, RELIGIOUS CONCERNS, PEOPLE TO NOTIFY AND ANY OTHER MATTERS THAT YOU FEEL ARE IMPORTANT)

THIS MENTAL HEALTH CARE POWER OF ATTORNEY IS MADE PURSUANT TO TITLE 36, CHAPTER 32, ARTICLE 6, ARIZONA REVISED STATUTES, AND CONTINUES IN EFFECT FOR ALL WHO MAY RELY ON IT EXCEPT TO THOSE I HAVE GIVEN NOTICE OF ITS REVOCATION PURSUANT TO SECTION 36-3285.

_____________________________________

(SIGNATURE OF PRINCIPAL)

AFFIRMATION OF WITNESSES:

I AFFIRM THAT THE PERSON SIGNING THIS MENTAL HEALTH CARE POWER OF ATTORNEY:

1. IS PERSONALLY KNOWN TO ME.

2. SIGNED OR ACKNOWLEDGED BY HIS OR HER SIGNATURE ON THIS DECLARATION IN MY PRESENCE.

3. APPEARS TO BE OF SOUND MIND AND NOT UNDER DURESS, FRAUD OR UNDUE INFLUENCE.

4. IS NOT RELATED TO ME BY BLOOD, MARRIAGE OR ADOPTION.

5. IS NOT A PERSON FOR WHOM I DIRECTLY PROVIDE CARE AS A PROFESSIONAL.

6. HAS NOT APPOINTED ME AS AN AGENT TO MAKE MEDICAL DECISIONS ON HIS OR HER BEHALF.

WITNESSED BY:

__________________________________ (SIGNATURE AND DATE)

__________________________________ (SIGNATURE AND DATE)

ACCEPTANCE OF APPOINTMENT AS AGENT:

I ACCEPT THIS APPOINTMENT AND AGREE TO SERVE AS AGENT TO MAKE MENTAL HEALTH TREATMENT DECISIONS FOR THE PRINCIPAL. I UNDERSTAND THAT I MUST ACT CONSISTENTLY WITH THE WISHES OF THE PERSON I REPRESENT, AS EXPRESSED IN THIS MENTAL HEALTH CARE POWER OF ATTORNEY, OR IF NOT EXPRESSED, AS OTHERWISE KNOWN BY ME. IF I DO NOT KNOW THE PRINCIPAL'S WISHES, I HAVE A DUTY TO ACT IN WHAT I IN GOOD FAITH BELIEVE TO BE THAT PERSON'S BEST INTERESTS. I UNDERSTAND THAT THIS DOCUMENT GIVES ME THE AUTHORITY TO MAKE DECISIONS ABOUT MENTAL HEALTH TREATMENT ONLY WHILE THAT PERSON HAS BEEN DETERMINED TO BE INCAPABLE AS THAT TERM IS DEFINED IN SECTION 36-3281, ARIZONA REVISED STATUTES.

_____________________________________

(SIGNATURE OF AGENT)

_____________________________________

(PRINTED NAME OF AGENT)

36-3287 . Surrogate; mental health care power of attorney

THE PROVISIONS OF THIS CHAPTER THAT RELATE TO THE POWERS AND DUTIES OF SURROGATES APPLY TO A MENTAL HEALTH CARE POWER OF ATTORNEY.

APPROVED BY THE GOVERNOR APRIL 27, 1999.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 27, 1999.