ARIZONA STATE SENATE
Phoenix, Arizona
court ordered treatment
Requires the court to
transmit to the Department of Public Safety (DPS) certain information regarding
a person determined to be a danger to self or others.
A patient’s records relating
to mental evaluation, examination or treatment are confidential. Records may only be disclosed, in a manner
pursuant to rules established by the Department of Health Services (DHS), to
agencies, individuals and entities listed in statute. Arizona law lists exceptions to confidentiality including
permitting disclosure of records to:
§
certain
individuals as permitted by the patient,
§
physicians
and providers of health, mental health or social and welfare services, and
§
legal
representatives or family members actively participating in the patient’s care,
treatment or supervision.
Current law does not allow
disclosure of patient information and records to DPS. However, the law prohibits people who are mentally ill or
adjudicated mentally incompetent from possessing a firearm or becoming licensed
as a security guard. Even if a court
finds a person to be a danger to self or to others, mental health records may
not be disclosed to DPS. This
legislation requires evidence of mental illness to be provided to DPS so that
background checks may be thoroughly conducted, preventing statutorily
restricted people from obtaining weapons permits or security guard licenses.
Any
potential fiscal impact on the state general fund is unknown at this time.
1. Requires the court to transmit to DPS the name, date of birth and date of commitment to a mental health treatment agency of a person determined to be a danger to self or others in order to screen for prohibited possessors of weapons and disqualified security guard license applicants.
2. Makes technical changes.
3. Provides for a general effective date.
Prepared by Senate Staff
March 8, 2002