Physician Not Able to Examine a Mental Patient

In In re MH 2008-000438, 220 Ariz. at 280 n.4, P 18, 205 P.3d at 1127 n.4 (App. 2009), the physician was unable to examine the patient. 220 Ariz. at 280, P 18, 205 P.3d at 1127. The patient was asleep the first time the physician tried to examine him, and the second time, just an hour and a half later, he was "too sleepy" and "'would not cooperate' and wake up for the examination." Id. at 279, P 9, 205 P.3d at 1126. Although the physician conceded that the side effects of the patient's medication "likely contributed to the patient's inability to engage in the examination," the superior court ordered involuntary treatment. Id. On appeal, the Court held the physician did not examine the patient and therefore the statutory requirements were not met. Id. at 281, P 18, 205 P.3d at 1128. The Court noted, however, that there was "no evidence that the patient was confrontational, needed physical restraint, or willfully refused the examination." Id. at 280, P 18, 205 P.3d at 1127.