In re Maricopa County Superior Court No. MH 2003-000058

84 P.3d 489, 207 Ariz. 224, 2004 Ariz. App. LEXIS 27
CourtCourt of Appeals of Arizona
DecidedFebruary 17, 2004
DocketNo. 1 CA-MH 03-0005
StatusPublished
Cited by11 cases

This text of 84 P.3d 489 (In re Maricopa County Superior Court No. MH 2003-000058) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Maricopa County Superior Court No. MH 2003-000058, 84 P.3d 489, 207 Ariz. 224, 2004 Ariz. App. LEXIS 27 (Ark. Ct. App. 2004).

Opinion

OPINION

BARKER, Judge.

¶ 1 We address in this appeal one question: does a physician with a “one year training permit” qualify as a “licensed physician” under Arizona Revised Statutes (“A.R.S.”) section 36-501(ll)(a) (2003) for purposes of conducting or supervising a psychiatric evaluation in a civil commitment proceeding? Our answer is no.

I.

¶ 2 On January 15, 2003, Dr. Navid Ayub filed a petition for court-ordered treatment of appellant on the grounds that appellant was persistently or acutely disabled. The petition was supported by affidavits signed by Dr. Ayub and Dr. Aida Lacevic. Dr. Ayub is a medical doctor who is authorized to practice in Arizona under a “one year training permit” issued pursuant to A.R.S. § 32-1432.03 (2002). Dr. Lacevic was a resident who was supervised in her work by Dr. Jose Espinoza. Dr. Espinoza, like Dr. Ayub, was [225]*225also authorized to practice in Arizona under a “one year training permit.”

¶ 3 Because Dr. Ayub’s and Dr. Espinoza’s authority to practice is based only on a training permit, appellant argued to the trial court that they do not fall within the definition of “licensed physicians” and moved the trial court to dismiss the petition on those grounds. At an evidentiary hearing it was established that Drs. Ayub and Espinoza have finished their psychiatric residencies, but have not completed part three of the United States Medical License Examination. Thus, they do not qualify for licenses under A.R.S. §§ 32-1422 to -1426 (2002). The record discloses that Dr. Espinoza began his residency in 1994 and completed it in 1997. He submitted affidavits for civil commitments all through his residency and then from 1999 to the present. He has received one-year permits to practice for at least four years, since July of 1999. Dr. Ayub completed his residency in 1999 and has received at least two one-year permits, beginning in January of 2002.

¶ 4 Also at the hearing, Michelle Semen-juk, the licensing administrator of the Arizona Medical Board, testified that a “doctor of medicine is a person holding a license, registration or permit to practice medicine pursuant to the chapters of the statutes.” She also testified that the only difference between those that have a permit under A.R.S. § 32-1432.03 and those that have a “regular” license is that “they cannot work independently without a license.” She construed this to mean that “[t]hey couldn’t go out and just open up a private practice.” Later, when asked if it was more accurate to say that they are licensed physicians or that they are physicians with a permit, she answered “physicians with a permit.”

¶ 5 At the conclusion of the evidentiary hearing, the trial court denied appellant’s motion to dismiss. The court determined that the training permit under which the medical doctors were working qualified as a form of license which in turn qualified them as “licensed physicians” under A.R.S. § 36-501(11)(a).

¶ 6 On the merits of the petition, the trial court found that appellant was persistently or acutely disabled and ordered that she undergo inpatient and outpatient treatment until she is no longer persistently or acutely disabled or is otherwise discharged in accordance with the law for a period not to exceed one year. The court based its findings in part on the testimony and affidavits of Drs. Ayub and Lacevic. Appellant now appeals the trial court’s determination that Drs. Espinoza and Ayub were licensed physicians within the meaning of the statute and seeks to have the order of civil commitment vacated. We have jurisdiction pursuant to A.R.S. § 36-546.01 (2003).

II.

¶ 7 To give context to the question before us, we set forth the pertinent aspects of the statutory scheme.

¶ 8 To begin a civil commitment proceeding, a “responsible individual” applies for a court-ordered evaluation of another. A.R.S. § 36-520(A) (2003). The application must set forth that the person is one who is, “as a result of a mental disorder, a danger to self or to others, persistently or acutely disabled or gravely disabled” and is intended for one “who is unwilling or unable to undergo a voluntary evaluation.” A.R.S. § 36-520(A) & (B). The application must be made in the correct form and include the information prescribed by statute. A.R.S. § 36-520(B). Upon receiving this application, the screening agency must review the application and determine whether there is reasonable cause to believe that the person is a danger to self or others. A.R.S. § 36-521 (2003). If there is reasonable cause, the agency prepares and files a petition for court-ordered evaluation. A.R.S. § 36-521(D). That petition must contain certain elements, including the allegation of reasonable cause to believe that the person is a danger to self or others and the facts upon which that belief is based. A.R.S. § 36-523(A) (2003). The court then reviews the petition for evaluation and decides if reasonable cause does exist. A.R.S. § 36-529 (2003). If the court determines that reasonable cause does exist, the court orders an evaluation. A.R.S. § 36-529(B).

[226]*226¶ 9 The court-ordered evaluation is “a professional multidisciplinary analysis based on data describing the person’s identity, biography and medical, psychological and social conditions,” and it must be “carried out by a group of persons consisting of not less than” either:

(a) Two licensed physicians, who shall be qualified psychiatrists, if possible, or at least experienced in psychiatric matters, and who shall examine and report their findings independently. The person against whom a petition has been filed shall be notified that he may select one of the physicians. A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if he is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in his training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys.

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Bluebook (online)
84 P.3d 489, 207 Ariz. 224, 2004 Ariz. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-maricopa-county-superior-court-no-mh-2003-000058-arizctapp-2004.