In re MH 2006-000490

OPINION

BARKER, Judge.

¶ 1 We address the legislative requirement for physician “opinions” in involuntary mental health proceedings under Arizona Revised Statutes (“A.R.S.”) section 36-539(B) (2003). We hold that a physician’s testimony that sets forth facts from which a qualifying opinion may be derived, but fails to actually set forth such an opinion, does not satisfy the statutory requirement. Accordingly, we reverse and remand.

I

¶ 2 In August 2005, Appellant was admitted to Desert Vista Behavioral Health Center (“Desert Vista”) on a court ordered mental health evaluation. Subsequent to the…