ARIZONA STATE SENATE
Phoenix, Arizona
court ordered treatment
Requires the court to grant
to the Department of Public Safety (DPS) access to 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 that DPS have limited access to specified mental health
records 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 grant DPS access to the name, date of birth, social security number, date of commitment to a mental health treatment agency and date of termination of treatment 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.
Amendments
Adopted by Committee
1. Requires the court to grant DPS access to specified information rather than requiring the court to transmit the information.
2. Adds a person's social security number and the date of termination from mental health treatment to the list of information the court must make available to DPS.
Senate Action
JUD 3/12/02 DPA 5-0-3-0
Prepared by Senate Staff
March 15, 2002