As part of a three-part series
In 2024, the Arizona legislature passed five new Arizona laws directly affecting behavioral health care in Arizona. These laws run the gamut between refining definitions, requiring peer specialist trainings, new requirements for court-ordered evaluation and treatment, increased retention of documentation, and expanding guardians’ rights. In this three-part series, you will find detailed highlights for each one:
(1) SB1062: behavioral health professionals; addiction counseling
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- Replaces the term “substance abuse” with “addiction” across multiple statutes. This replacement also affects the names of certain licensed professionals.
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- Licensed substance abuse technician → Licensed addiction technician
- Licensed associate substance abuse counselor → Licensed associate addiction counselor
- Licensed independent substance abuse counselor → Licensed independent addiction counselor
- Practice Pointer: If you are or employ someone licensed currently as a “licensed substance abuse technician”, a “licensed associate substance abuse counselor,” or a “licensed independent substance abuse counselor,” make sure to change your designation before your license renewal date!
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- Updates and expands the definition of “practice of addiction counseling” to mean “the professional application of general counseling theories, principles and techniques as specifically adapted, based on research and clinical experience, to the specialized needs and characteristics of persons who are experiencing an addiction that is persistent, compulsive dependence on a behavior or substance, including mood-altering behaviors or activities known as process addictions, and related problems and to the families of those persons.”
- Lowers one of the requirements for a licensee by endorsement such that the person must be licensed or certified for at least one year (instead of three years) in one or more other states or federal jurisdictions in the discipline and practice level for which an application is submitted. See A.R.S. § 32-3274(A)(2).
- Signed into law on 4-23-24. You can see the full text of changes here: https://legiscan.com/AZ/text/SB1062/2024
- Replaces the term “substance abuse” with “addiction” across multiple statutes. This replacement also affects the names of certain licensed professionals.
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(2) SB1309: mental health evaluations; information; consent.
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- Moves the existing language that a court-ordered evaluation or treatment does not change the legal residence of a patient from A.R.S. § 36-520 to the new A.R.S. § 36-514(B).
- Requires additional information, if known, to be included in an application for court-ordered evaluations. Here are examples of new requirements for applicants to include in applications for court-ordered evaluations:
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- A statement from the applicant of whether the applicant believes that the proposed patient is or is not willing or able to undergo voluntary evaluation and the supporting facts for that statement. A.R.S. § 36-520(B)(5).
- A statement of the proposed patient’s relevant history of mental health diagnosis, treatment recommended or provided, and compliance with the treatment recommended or provided. A.R.S. § 36-520(B)(6).
- Copies of all documents relating to guardianship or powers of attorney that allow the guardian or agent to consent to inpatient psychiatric treatment. A.R.S. § 36-520(B)(8).
- A statement by the applicant regarding whether the applicant believes the proposed patient is likely to cause or endure serious physical harm or injury, and supporting facts, if the proposed patient is not able to have a period of inpatient observation, stabilization and assessment, or emergency inpatient psychiatric hospitalization. A.R.S. § 36-520(B)(9).
- Names and contact information of persons other than the applicant who have witnessed the concerning behavior exhibited by the proposed patient. This new statutory addition clarifies, however, that the screening agency may not deny or refuse to process an application solely because no other witnesses have been identified. A.R.S. § 36-520(B)(10); A.R.S. § 36-523(A)(8) (This is required also in petitions for court-ordered evaluation).
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- Clarifies that peace officers and many licensed health care professionals may submit an application for court-ordered evaluation without being notarized. A.R.S. § 36-520(C).
- Sets forth several new requirements for screening agencies and certain correlating new requirements for evaluation agencies:
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- Upon receipt of an application, the screening agency must immediately note on the front of the application the time and date of receipt and log this information in a record of applications received by the screening agency. Screening agencies continue to be required to act upon the application within 48 hours of the filing of the application, excluding weekends and holidays. If an application is not acted upon within 48 hours of the filing of the application, the reasons for not acting promptly must be stated in the report required by Section 36-521(B). A.R.S. § 36-520(D).
- In the course of conducting a prepetition screening, the screening agency must accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons who have a significant relationship with the proposed patient, including family members and guardians. A.R.S. § 36-520(F).
- See also A.R.S. § 36-530(E) (Evaluation agencies are also required to solicit, in addition to accepting and considering information relevant to the present behavior and past behavioral health history of the proposed patient from persons known to the agency who have had a significant relationship with the proposed patient, including family members and guardians).
- Clarifies that informed consent for voluntary inpatient or voluntary outpatient evaluation may be granted by the person, the person’s court-appointed guardian, or the person’s designated agent pursuant to a power of attorney that includes the authority to consent to inpatient evaluation or treatment. A.R.S. § 36-522(B)-(C).
- For petitions for court-ordered evaluations, if the petition requests the court to determine that the patient is chronically resistant to treatment pursuant to A.R.S. § 36-550.09, the petition shall allege the facts that support the request. A.R.S. § 36-533(D).
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- Signed into law on 5-6-24. You can see the full text of changes here: https://legiscan.com/AZ/text/SB1309/2024
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Part 2 is now available, continuing the examination of the new Arizona behavioral healthcare laws from 2024.
Related Services:
Behavioral Health Care | Health Care
About the Author:
An attorney in Dickinson Wright’s Phoenix office, Erica Erman focuses her practice on behavioral health care and the intersection of municipal laws with health care regulations. Her work includes administrative hearings, HIPAA compliance, Stark and AKS regulations, state licensing, contract drafting, and health care transactions. Drawing from her experience litigating state and federal False Claims Act cases, she also provides counsel on the Parity Act and psychiatric urgent care. She can be reached at 602-889-5342 or eerman@dickinsonwright.com. Her biography can be accessed here.