Section R9-21-506. Review of Court-ordered Individual

A.       The mental health treatment agency that provides care for an individual ordered by a court to undergo treatment shall:

1.        Assure that an examination and review of a court-ordered individual is accomplished in an effective and  timely fashion, but not less than 30 days prior to expiration of any treatment portion of the order.

2.        Require written documentation of the examination and review.

3.        Maintain a special record that shall include:

a.        The expiration date of any treatment portion of the court-ordered treatment; and

b.        The date by which the review and examination must be initiated.

4.        Establish specific dates by which the review and exami- nation will be accomplished.

5.        Conduct the review and examination by the specified dates.

B.       In addition to subsection (A), the examination and review pro- cess for court-ordered clients shall, at a minimum, include the following:

1.        The client’s clinical team shall hold an ISP meeting pur- suant to R9-21-307, not less than 30 days prior to the expiration of any treatment portion of the court order, which shall include the treatment team of the treatment agency providing behavioral health services under the court order. The ISP meeting shall include a determina- tion by the clinical team of:

a.        Whether the client continues to be a danger to oth- ers, a danger to self, gravely disabled, or persistently or acutely disabled;

b.        That no alternatives to court-ordered treatment are appropriate; and

c.        Whether court-ordered treatment should continue.

2.        If, upon conclusion of the ISP meeting, the clinical team determines that the client:

a.        Continues to be a danger to others, a danger to self, gravely disabled, or persistently or acutely disabled;

b.        That no alternatives to court-ordered treatment are appropriate; and

c.        That court-ordered treatment should continue, the medical director of the mental health treatment agency providing care for the client committed by court order shall appoint two  physicians  (one  of whom must be a psychiatrist) and the mental health worker assigned to the case to conduct an examina- tion to determine whether the client continues to be a danger to others, a danger to self, gravely disabled, or persistently or acutely disabled.

3.        After such examination, the examining physicians shall enter a note in the progress sheet of the medical record stating the findings, decision, and the basis for that deci- sion.

4.        If the medical finding is that the client continues to be a danger to self, a danger to others, gravely disabled, or

persistently or acutely disabled, and if no alternatives to court-ordered treatment exist, the mental health treatment agency shall file a petition and affidavit(s) as provided in R9-21-505.

C.       In addition to subsection (A), the examination and review pro- cess for non-clients shall, at a minimum, include the follow- ing:

1.        A person designated by the mental health agency provid- ing treatment shall notify the medical director of the agency in writing of the expiration date 30 days prior to expiration of the court-ordered treatment.

2.        The medical director shall within five days notify one or more physicians (at least one of whom must be a psychia- trist) and the mental health worker assigned to the case of the expiration date of the court-ordered treatment and appoint them to determine whether the non-client contin- ues to be a danger to others, a danger to self, gravely dis- abled, or persistently or acutely disabled.

3.        After such examination, the examining physician(s) shall enter a note in the progress sheet of the medical record stating the findings, decision, and the basis for that deci- sion.

4.        If the medical finding is that the non-client continues to be a danger to self, a danger to others, gravely disabled, or persistently or acutely disabled, and if no alternatives to court-ordered treatment exist, the mental health treat- ment agency shall file a petition and affidavits as pro- vided in R9-21-505.

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 7, 1992; received in the Office of the Secretary of State October 14, 1992 (Supp. 92-4). Former Section R9-21-506 renumbered to R9-21-505; new Section R9- 21-506 renumbered from R9-21-507 and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30,

2003 (Supp. 03-2).