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| 52 | 49 | | An Act |
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| 56 | 53 | | amending title 36, chapter 1, article 2, Arizona Revised Statutes, by adding section 36-149; amending section 36-446.03, Arizona Revised Statutes; relating to the department of health services. |
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| 62 | 59 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 63 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 36-149, to read: START_STATUTE36-149. Searchable online database; health profession regulatory boards; license and certification revocations; definitions A. Each health profession regulatory board shall report to the department: 1. The revocation of a health professional's license or certification. 2. All license and certification revocations that have occurred beginning july 1, 2019 through July 1, 2024. B. On or before July 1, 2024, the department shall create a searchable online database that is posted on the department's public website that contains, at a minimum, the names of the health professionals who have had a license or certification revoked in the preceding five years, the date of the revocation and the HEALTH profession regulatory board that revoked the license or certification. The department shall inform the health profession regulatory boards of the information that is required to be reported to the department for the database. C. For the purposes of this section, "health profession regulatory board" and "health professional" have the same meanings prescribed in section 32-3201. END_STATUTE Sec. 2. Section 36-446.03, Arizona Revised Statutes, is amended to read: START_STATUTE36-446.03. Powers and duties of the board; rules; fees; fingerprinting A. The board may adopt, amend or repeal reasonable and necessary rules and standards for the administration of this article in compliance with title XIX of the social security act, as amended. B. The board by rule may adopt nonrefundable fees for the following: 1. Initial application for certification as an assisted living facility manager. 2. Examination for certification as an assisted living facility manager. 3. Issuance of a certificate as an assisted living facility manager, prorated monthly. 4. Biennial renewal of a certificate as an assisted living facility manager. 5. Issuance of a temporary certificate as an assisted living facility manager. 6. Readministering an examination for certification as an assisted living facility manager. 7. Issuance of a duplicate certificate as an assisted living facility manager. 8. Reviewing the sponsorship of continuing education programs, for each credit hour. 9. Late renewal of an assisted living facility manager certificate. 10. Reviewing an individual's request for continuing education credit hours, for each credit hour. 11. Reviewing initial applications for assisted living facility training programs. 12. Annual renewal of approved assisted living facility training programs. C. The board may elect officers it deems necessary. D. The board shall apply appropriate techniques, including examinations and investigations, to determine whether a person meets the qualifications prescribed in section 36-446.04. E. Beginning January 1, 2023 On or before July 1, 2024, in addition to the requirements prescribed in section 36-446.04, the board shall require each applicant for initial nursing care institution administrator licensure or assisted living facility manager certification to submit a full set of fingerprints to the board for a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. F. On its own motion or in response to any complaint against or report of a violation by an administrator of a nursing care institution or a manager of an assisted living facility, the board may conduct investigations, hearings and other proceedings concerning any violation of this article or of rules adopted by the board or by the department. G. In connection with an investigation or administrative hearing, the board may administer oaths and affirmations, subpoena witnesses, take evidence and require by subpoena the production of documents, records or other information in any form concerning matters the board deems relevant to the investigation or hearing. If any subpoena issued by the board is disobeyed, the board may invoke the aid of any court in this state in requiring the attendance and testimony of witnesses and the production of evidence. H. Subject to title 41, chapter 4, article 4, the board may employ persons to provide investigative, professional and clerical assistance as required to perform its powers and duties under this article. Compensation for board employees shall be as determined pursuant to section 38-611. The board may contract with other state or federal agencies as required to carry out this article. I. The board may appoint review committees to make recommendations concerning enforcement matters and the administration of this article. J. The board by rule may establish a program to monitor licensees and certificate holders who are chemically dependent and who enroll in rehabilitation programs that meet board requirements. The board may take disciplinary action if a licensee or a certificate holder refuses to enter into an agreement to enroll in and complete a board-approved rehabilitation program or fails to abide by that agreement. K. The board shall adopt and use an official seal. L. The board shall adopt rules for the examination and licensure of nursing care institution administrators and the examination and certification of assisted living facility managers. M. The board shall adopt rules governing payment to a person for the direct or indirect solicitation or procurement of assisted living facility patronage. N. The board must provide the chairpersons of the senate and the house of representatives health committee chairmen committees with copies of all board minutes and executive decisions. O. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section. P. The board by rule shall prescribe standards for assisted living facility training programs. The board shall prescribe rules for assisted living facility caregivers that are consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers. Q. The board may: 1. Grant, deny, suspend or revoke approval of, or place on probation, an assisted living facility training program. 2. Impose a civil penalty on an assisted living facility training program that violates this chapter or rules adopted pursuant to this chapter. END_STATUTE |
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| 67 | 64 | | |
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| 68 | 65 | | Be it enacted by the Legislature of the State of Arizona: |
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| 69 | 66 | | |
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| 70 | 67 | | Section 1. Title 36, chapter 1, article 2, Arizona Revised Statutes, is amended by adding section 36-149, to read: |
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| 71 | 68 | | |
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| 72 | 69 | | START_STATUTE36-149. Searchable online database; health profession regulatory boards; license and certification revocations; definitions |
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| 73 | 70 | | |
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| 74 | 71 | | A. Each health profession regulatory board shall report to the department: |
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| 75 | 72 | | |
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| 76 | 73 | | 1. The revocation of a health professional's license or certification. |
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| 77 | 74 | | |
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| 78 | 75 | | 2. All license and certification revocations that have occurred beginning july 1, 2019 through July 1, 2024. |
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| 79 | 76 | | |
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| 80 | 77 | | B. On or before July 1, 2024, the department shall create a searchable online database that is posted on the department's public website that contains, at a minimum, the names of the health professionals who have had a license or certification revoked in the preceding five years, the date of the revocation and the HEALTH profession regulatory board that revoked the license or certification. The department shall inform the health profession regulatory boards of the information that is required to be reported to the department for the database. |
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| 81 | 78 | | |
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| 82 | 79 | | C. For the purposes of this section, "health profession regulatory board" and "health professional" have the same meanings prescribed in section 32-3201. END_STATUTE |
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| 83 | 80 | | |
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| 84 | 81 | | Sec. 2. Section 36-446.03, Arizona Revised Statutes, is amended to read: |
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| 85 | 82 | | |
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| 86 | 83 | | START_STATUTE36-446.03. Powers and duties of the board; rules; fees; fingerprinting |
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| 87 | 84 | | |
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| 88 | 85 | | A. The board may adopt, amend or repeal reasonable and necessary rules and standards for the administration of this article in compliance with title XIX of the social security act, as amended. |
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| 89 | 86 | | |
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| 90 | 87 | | B. The board by rule may adopt nonrefundable fees for the following: |
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| 91 | 88 | | |
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| 92 | 89 | | 1. Initial application for certification as an assisted living facility manager. |
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| 93 | 90 | | |
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| 94 | 91 | | 2. Examination for certification as an assisted living facility manager. |
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| 95 | 92 | | |
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| 96 | 93 | | 3. Issuance of a certificate as an assisted living facility manager, prorated monthly. |
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| 97 | 94 | | |
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| 98 | 95 | | 4. Biennial renewal of a certificate as an assisted living facility manager. |
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| 99 | 96 | | |
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| 100 | 97 | | 5. Issuance of a temporary certificate as an assisted living facility manager. |
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| 101 | 98 | | |
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| 102 | 99 | | 6. Readministering an examination for certification as an assisted living facility manager. |
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| 103 | 100 | | |
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| 104 | 101 | | 7. Issuance of a duplicate certificate as an assisted living facility manager. |
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| 105 | 102 | | |
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| 106 | 103 | | 8. Reviewing the sponsorship of continuing education programs, for each credit hour. |
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| 107 | 104 | | |
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| 108 | 105 | | 9. Late renewal of an assisted living facility manager certificate. |
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| 109 | 106 | | |
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| 110 | 107 | | 10. Reviewing an individual's request for continuing education credit hours, for each credit hour. |
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| 111 | 108 | | |
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| 112 | 109 | | 11. Reviewing initial applications for assisted living facility training programs. |
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| 113 | 110 | | |
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| 114 | 111 | | 12. Annual renewal of approved assisted living facility training programs. |
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| 115 | 112 | | |
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| 116 | 113 | | C. The board may elect officers it deems necessary. |
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| 117 | 114 | | |
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| 118 | 115 | | D. The board shall apply appropriate techniques, including examinations and investigations, to determine whether a person meets the qualifications prescribed in section 36-446.04. |
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| 119 | 116 | | |
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| 120 | 117 | | E. Beginning January 1, 2023 On or before July 1, 2024, in addition to the requirements prescribed in section 36-446.04, the board shall require each applicant for initial nursing care institution administrator licensure or assisted living facility manager certification to submit a full set of fingerprints to the board for a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. |
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| 121 | 118 | | |
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| 122 | 119 | | F. On its own motion or in response to any complaint against or report of a violation by an administrator of a nursing care institution or a manager of an assisted living facility, the board may conduct investigations, hearings and other proceedings concerning any violation of this article or of rules adopted by the board or by the department. |
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| 123 | 120 | | |
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| 124 | 121 | | G. In connection with an investigation or administrative hearing, the board may administer oaths and affirmations, subpoena witnesses, take evidence and require by subpoena the production of documents, records or other information in any form concerning matters the board deems relevant to the investigation or hearing. If any subpoena issued by the board is disobeyed, the board may invoke the aid of any court in this state in requiring the attendance and testimony of witnesses and the production of evidence. |
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| 125 | 122 | | |
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| 126 | 123 | | H. Subject to title 41, chapter 4, article 4, the board may employ persons to provide investigative, professional and clerical assistance as required to perform its powers and duties under this article. Compensation for board employees shall be as determined pursuant to section 38-611. The board may contract with other state or federal agencies as required to carry out this article. |
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| 127 | 124 | | |
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| 128 | 125 | | I. The board may appoint review committees to make recommendations concerning enforcement matters and the administration of this article. |
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| 129 | 126 | | |
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| 130 | 127 | | J. The board by rule may establish a program to monitor licensees and certificate holders who are chemically dependent and who enroll in rehabilitation programs that meet board requirements. The board may take disciplinary action if a licensee or a certificate holder refuses to enter into an agreement to enroll in and complete a board-approved rehabilitation program or fails to abide by that agreement. |
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| 131 | 128 | | |
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| 132 | 129 | | K. The board shall adopt and use an official seal. |
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| 133 | 130 | | |
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| 134 | 131 | | L. The board shall adopt rules for the examination and licensure of nursing care institution administrators and the examination and certification of assisted living facility managers. |
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| 135 | 132 | | |
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| 136 | 133 | | M. The board shall adopt rules governing payment to a person for the direct or indirect solicitation or procurement of assisted living facility patronage. |
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| 137 | 134 | | |
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| 138 | 135 | | N. The board must provide the chairpersons of the senate and the house of representatives health committee chairmen committees with copies of all board minutes and executive decisions. |
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| 139 | 136 | | |
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| 140 | 137 | | O. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section. |
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| 141 | 138 | | |
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| 142 | 139 | | P. The board by rule shall prescribe standards for assisted living facility training programs. The board shall prescribe rules for assisted living facility caregivers that are consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers. |
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| 143 | 140 | | |
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| 144 | 141 | | Q. The board may: |
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| 145 | 142 | | |
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| 146 | 143 | | 1. Grant, deny, suspend or revoke approval of, or place on probation, an assisted living facility training program. |
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| 147 | 144 | | |
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| 148 | 145 | | 2. Impose a civil penalty on an assisted living facility training program that violates this chapter or rules adopted pursuant to this chapter. END_STATUTE |
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