The bill proposes amendments to sections 36-533 and 36-539 of the Arizona Revised Statutes, which pertain to mental health services. The current law requires that a petition for evaluation of a person's mental health be accompanied by affidavits from two physicians, detailing the behavior that suggests the person has a mental disorder and is a danger to themselves or others, or has a disability. In counties with populations under 500,000, one physician and one physician assistant or psychiatric nurse practitioner could provide the affidavits. The new bill removes the option for a physician assistant or psychiatric nurse practitioner to provide an affidavit and requires that the affidavits be based on each physician's observations and study of the patient.

During hearings, the patient and their attorney must be present, and the patient's attorney can subpoena and cross-examine witnesses. The evidence must include testimony from two witnesses acquainted with the patient and the two evaluating physicians. The new bill language specifies that only the evaluating physicians' affidavits are to be used, removing the option for other health professionals to provide testimony. These physicians must testify about their personal observations and opinions on the patient's mental state and the necessity for treatment, guardianship, or conservatorship. The bill eliminates the involvement of other health professionals in providing testimony, focusing solely on the evaluating physicians' assessments.

Statutes affected:
Introduced Version: 36-533, 36-539, 13-4517, 14-5312.01, 36-535