Injury Law 15 (Title 36)
A.R.S. 36-509
Confidential records
A. A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this section. Records and information contained in records may only be disclosed to:
1. Physicians and providers of health, mental health or social and welfare services involved in caring for, treating or rehabilitating the patient.
2. Individuals to whom the patient or the patient's health care decision maker has given authorization to have information disclosed.
3. Persons authorized by a court order.
4. Persons doing research only if the activity is conducted pursuant to applicable federal or state laws and regulations governing research.
5. The state department of corrections in cases in which prisoners confined to the state prison are patients in the state hospital on authorized transfers either by voluntary admission or by order of the court.
6. Governmental or law enforcement agencies if necessary to:
(a) Secure the return of a patient who is on unauthorized absence from any agency where the patient was undergoing evaluation and treatment.
(b) Report a crime on the premises.
(c) Avert a serious and imminent threat to an individual or the public.
7. Persons, including family members, actively participating in the patient's care, treatment or supervision. A health care provider may only release information relating to the patient's diagnosis, prognosis, need for hospitalization, anticipated length of stay, discharge plan, medication, medication side effects and short-term and long-term treatment goals. A health care provider may make this release only after the treating professional or that person's designee interviews the patient or the patient's health care decision maker and the patient or the patient's health care decision maker does not object, unless federal or state law permits the disclosure. If the patient does not have the opportunity to object to the disclosure because of incapacity or an emergency circumstance and the patient's health care decision maker is not available to object to the release, the health care provider in the exercise of professional judgment may determine if the disclosure is in the best interests of the patient and, if so, may release the information authorized pursuant to this paragraph. A decision to release or withhold information is subject to review pursuant to section 36-517.01. The health care provider must record the name of any person to whom any information is given under this paragraph.
8. A state agency that licenses health professionals pursuant to title 32, chapter 13, 15, 17, 19.1 or 33 and that requires these records in the course of investigating complaints of professional negligence, incompetence or lack of clinical judgment.
9. A state or federal agency that licenses health care providers.
10. A governmental agency or a competent professional, as defined in section 36-3701, in order to comply with chapter 37 of this title.
11. Human rights committees established pursuant to title 41, chapter 35. Any information released pursuant to this paragraph shall comply with the requirements of section 41-3804 and applicable federal law and shall be released without personally identifiable information unless the personally identifiable information is required for the official purposes of the human rights committee. Case information received by a human rights committee shall be maintained as confidential. For the purposes of this paragraph, "personally identifiable information" includes a person's name, address, date of birth, social security number, tribal enrollment number, telephone or telefacsimile number, driver license number, places of employment, school identification number and military identification number or any other distinguishing characteristic that tends to identify a particular person.
12. A patient or the patient's health care decision maker pursuant to section 36-507.
13. The department of public safety by the court to comply with the requirements of section 36-540, subsection N.
14. A third party payor or the payor's contractor to obtain reimbursement for health care, mental health care or behavioral health care provided to the patient.
15. A private entity that accredits the health care provider and with whom the health care provider has an agreement requiring the agency to protect the confidentiality of patient information.
16. The legal representative of a health care entity in possession of the record for the purpose of securing legal advice.
17. A person or entity as otherwise required by state or federal law.
18. A person or entity as permitted by the federal regulations on alcohol and drug abuse treatment (42 Code of Federal Regulations part 2).
19. A person or entity to conduct utilization review, peer review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.
20. A person maintaining health statistics for public health purposes as authorized by law.
21. A grand jury as directed by subpoena.
B. Information and records obtained in the course of evaluation, examination or treatment and submitted in any court proceeding pursuant to this chapter or title 14, chapter 5 are confidential and are not public records unless the hearing requirements of this chapter or title 14, chapter 5 require a different procedure. Information and records that are obtained pursuant to this section and submitted in a court proceeding pursuant to title 14, chapter 5 and that are not clearly identified by the parties as confidential and segregated from nonconfidential information and records are considered public records.
C. Notwithstanding subsections A and B of this section, the legal representative of a patient who is the subject of a proceeding conducted pursuant to this chapter and title 14, chapter 5 has access to the patient's information and records in the possession of a health care entity or filed with the court.
Comment: Mental Health Records are protected by confidentiality, unless there are serious factors that would necessitate them to be disclosed.
Phoenix SUV Rollover Accident Lawyer
A.R.S. 36-511
Quality of treatment
A. Subject to his right to refuse psychiatric and medical treatment pursuant to sections 36-512 and 36-513 and pursuant to rules of the division every person undergoing evaluation or treatment pursuant to this chapter shall receive physical and psychiatric care and treatment, delivered in a manner that allows the person's family members or guardian to participate in his care and treatment when appropriate, for the full period he is detained. The agency providing care and treatment shall keep a clinical record for each person which details all medical and psychiatric evaluations and all care and treatment received by the person.
B. An agency administering the care and treatment shall provide and make available to the guardian, if one exists, upon request:
1. A written treatment program based on the individual needs of the person.
2. Careful and periodic reexaminations of each person by appropriate professional persons, including a physician. Reexaminations shall be made once each ninety days and the results shall be a part of the person's medical record.
3. A full physical examination once a year.
4. Adequate medical treatment in the light of present medical knowledge in accordance with the results of these examinations.
C. An agency administering inpatient care and treatment, in conjunction with the community treatment agency, shall, prior to the release of a patient, prepare a plan for the patient's care after release including arrangements for a place to live, and an adequate program for necessary treatment and maintenance, and provide the plan to the patient's guardian if one exists. The community treatment agency shall make a good faith effort to initiate treatment with a patient released from an inpatient facility.
Comment: If someone is receiving mental health treatment in Arizona, the family or guardian of the patient has a right to be involved in this process.
DUI and Criminal Lawyer Phoenix
A.R.S. 36-512
Emergency medical care
A person undergoing evaluation or treatment has a right to refuse any and all medical treatment unless ordered by the court, except that when, in the written opinion of the attending physician, a true medical emergency exists and medical care and treatment including surgical procedures are necessary to save the life, physical health, eyesight, hearing or member of the person, the medical director of the agency may give consent to such medical care and treatment if time will not permit the obtaining of appropriate judicial authority. The patient's guardian, if one exists, shall be notified by the medical director of the giving of emergency medical care immediately.
Comment: Normally a mental health patient can refuse medical treatment, unless there is an emergency.
Bankruptcy Attorney Phoenix Arizona
Auto Accident Attorneys Phoenix Arizona
Injury and Accident Lawyers Phoenix Arizona
A.R.S. 36-513
Seclusion; restraint; treatment
A person undergoing evaluation pursuant to article 4 of this chapter shall not be treated for his mental disorder unless he consents to such treatment, except that seclusion and mechanical or pharmacological restraints may be employed in the case of emergency for the safety of the person or others. A person undergoing treatment pursuant to article 5 of this chapter shall not be subjected to seclusion or mechanical or pharmacological restraints except in case of emergency for the safety of the person or others or as a part of a written plan for the treatment of the patient, prepared by staff members responsible for his care and pursuant to regulations promulgated by the department. All instances of seclusion or restraint shall be properly recorded in the patient's medical record and the use shall be governed by written procedures of the agency caring for the patient and are subject to the rules and regulations of the department.
Comment: This statute is simply reflecting Arizona's interests in making sure a mental health patient has freedom and rights, but at the same time protecting himself and others.
Abogado Phoenix Arizona Lesion
Divorce Lawyer Phoenix Arizona