Section R9-21-507. Transfers of Court-ordered Persons

A.       For the purpose of this Section, “non-client” means an individ- ual who is seriously mentally ill but is not currently being evaluated or treated for a mental disorder by or through a regional authority.

B.       An individual ordered by the court to undergo treatment and without a guardian may be transferred from a mental health agency to another mental health agency, provided that the medical director of the mental health agency initiating the transfer has established that:

1.        There is no reason to believe the individual will suffer more serious physical harm or serious illness as a result of the transfer; and

2.        The individual is being transferred to a level and kind of treatment more appropriate to the individual’s treatment needs and has been accepted for transfer by the medical director of the receiving mental health agency pursuant to subsection (D).

C.       The medical director of the mental health agency initiating the transfer shall:

1.        Be the medical director of the mental health agency to which the court committed the individual; or

2.        Obtain the court’s consent to the transfer as necessary.

D.       All clients shall be transferred according to the procedures in Article 3 of this Chapter. With regard to non-clients, the medi- cal director of the mental health agency initiating the transfer may not transfer a non-client to, or use the services of, any other mental health agency, unless the medical director of the

other mental health agency has agreed to provide such services to a non-client to be transferred, and the Department has licensed and approved the mental health agency to provide those services.

E.       The medical director of the mental health agency initiating the transfer shall notify the receiving mental health agency in suf- ficient time for the intended transfer to be accomplished in an orderly fashion, but not less than three days. This notification shall include:

1.        A summary of the individual’s needs.

2.        A statement that, in the medical director’s judgment, the receiving mental health agency can adequately meet the individual’s needs.

3.        If the individual is a client, a modification of a client’s ISP according to R9-21-314, when applicable.

4.        Documentation of the court’s consent, when applicable.

F.       The medical director of the transferring mental health agency shall present a written compilation of the individual’s clinical needs and suggestions for future care to the medical director of the receiving mental health agency, who shall accept and approve it before an individual can be transferred according to subsection (B).

G.      The transportation of individuals transferred from one mental health agency to another shall be the responsibility of the men- tal health agency initiating the transfer, irrespective of the allo- cation of the cost of the transportation defined elsewhere.

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

R9-21-507 renumbered to R9-21-506; new Section R9- 21-507 renumbered from R9-21-508 and amended by exempt rulemaking at 9 A.A.R. 3296, effective June 30,

2003 (Supp. 03-2).