Arizona 2024 Regular Session

Arizona House Bill HB2229 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: health care institutions; education; abuse State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2229 Introduced by Representatives Longdon: Austin, Contreras P, Hernandez C, Hernandez M An Act amending title 36, chapter 4, Arizona Revised Statutes, by adding article 12; relating to vulnerable adults. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: health care institutions; education; abuse
10	10	State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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14	14	REFERENCE TITLE: health care institutions; education; abuse
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40	40	HB 2229
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46	46	Representatives Longdon: Austin, Contreras P, Hernandez C, Hernandez M
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72	72	An Act
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76	76	amending title 36, chapter 4, Arizona Revised Statutes, by adding article 12; relating to vulnerable adults.
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82	82	(TEXT OF BILL BEGINS ON NEXT PAGE)
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86	86	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 4, Arizona Revised Statutes, is amended by adding article 12, to read: ARTICLE 12. EDUCATION TO IDENTIFY ABUSE AND NEGLECT OF VULNERABLE ADULTS START_STATUTE36-450.21. Definitions In this article, unless the context otherwise requires: 1. "Abuse" has the same meaning prescribed in section 46-451. 2. "Group home" has the same meaning prescribed in section 36-551. 3. "Neglect" has the same meaning prescribed in section 46-451. 4. "Retaliatory action" means terminating or taking any other adverse action against a person's employment by a health care institution, a group home or an intermediate care facility for individuals with intellectual disabilities because the person reported suspected neglect or abuse pursuant to section 46-454. 5. "Vulnerable adult" has the same meaning prescribed in section 46-451. END_STATUTE START_STATUTE36-450.22. Education and training curriculum; identifying neglect and abuse; consultation A. The department of health services and the department of economic security shall jointly develop a curriculum to educate and train all persons who are employed in a capacity of caring for vulnerable adults. the education and training shall include all of the following: 1. The signs of neglect and abuse, including sexual abuse. 2. The responsibilities of persons to report suspected neglect or abuse, including sexual abuse, pursuant to section 46-454. 3. Whom to contact to report the suspected neglect or abuse. 4. A component that can be provided to families of vulnerable adults. B. When developing the curriculum required by subsection A of this section, the departments shall consult with all of the following: 1. The developmental disabilities planning council. 2. A statewide coalition that advocates to increase public awareness about issues of sexual and domestic violence and to end sexual and domestic violence in this state. 3. A statewide nonprofit organization that represents persons who are at least fifty years of age and whose mission is to enhance the quality of life for persons as they age. 4. A statewide association of developmental disabilities providers. 5. A statewide association of entities that provide direct services to persons with intellectual and developmental disabilities. END_STATUTE START_STATUTE36-450.23. Mandatory education and training; nonretaliation policies; posting; presumption A. Beginning January 1, 2025, each health care institution licensed pursuant to this chapter, each group home and each intermediate care facility for individuals with intellectual disabilities shall provide mandatory education and training using the curriculum developed pursuant to section 36-450.22 to each person who works in the health care institution, group home or intermediate care facility for individuals with intellectual disabilities and who provides care to vulnerable adults. The person shall complete the education and training before beginning employment and shall update the education and training annually. The education and training shall include information regarding the nonretaliation policy of each health care institution, group home or intermediate care facility for individuals with intellectual disabilities and the location where the reporting process and contact information is posted. B. Each health care institution, group home and intermediate care facility for individuals with intellectual disabilities shall: 1. Post in a conspicuous place that is accessible to all employees information regarding how to report suspected neglect or abuse, including sexual abuse, of a vulnerable adult. 2. Adopt a policy that prohibits retaliatory action against persons who in good faith report suspected neglect or abuse pursuant to section 46-454. C. There is a rebuttable presumption that any termination or other adverse action that occurs more than one hundred eighty days after the date a person reports suspected neglect or abuse pursuant to section 46-454 is not a retaliatory action. END_STATUTE Sec. 2. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
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88	88	Be it enacted by the Legislature of the State of Arizona:
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90	90	Section 1. Title 36, chapter 4, Arizona Revised Statutes, is amended by adding article 12, to read:
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92	92	ARTICLE 12. EDUCATION TO IDENTIFY ABUSE AND
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96	96	START_STATUTE36-450.21. Definitions
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98	98	In this article, unless the context otherwise requires:
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100	100	1. "Abuse" has the same meaning prescribed in section 46-451.
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102	102	2. "Group home" has the same meaning prescribed in section 36-551.
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104	104	3. "Neglect" has the same meaning prescribed in section 46-451.
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106	106	4. "Retaliatory action" means terminating or taking any other adverse action against a person's employment by a health care institution, a group home or an intermediate care facility for individuals with intellectual disabilities because the person reported suspected neglect or abuse pursuant to section 46-454.
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108	108	5. "Vulnerable adult" has the same meaning prescribed in section 46-451. END_STATUTE
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110	110	START_STATUTE36-450.22. Education and training curriculum; identifying neglect and abuse; consultation
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112	112	A. The department of health services and the department of economic security shall jointly develop a curriculum to educate and train all persons who are employed in a capacity of caring for vulnerable adults. the education and training shall include all of the following:
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114	114	1. The signs of neglect and abuse, including sexual abuse.
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116	116	2. The responsibilities of persons to report suspected neglect or abuse, including sexual abuse, pursuant to section 46-454.
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118	118	3. Whom to contact to report the suspected neglect or abuse.
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120	120	4. A component that can be provided to families of vulnerable adults.
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122	122	B. When developing the curriculum required by subsection A of this section, the departments shall consult with all of the following:
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124	124	1. The developmental disabilities planning council.
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126	126	2. A statewide coalition that advocates to increase public awareness about issues of sexual and domestic violence and to end sexual and domestic violence in this state.
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128	128	3. A statewide nonprofit organization that represents persons who are at least fifty years of age and whose mission is to enhance the quality of life for persons as they age.
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130	130	4. A statewide association of developmental disabilities providers.
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132	132	5. A statewide association of entities that provide direct services to persons with intellectual and developmental disabilities. END_STATUTE
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134	134	START_STATUTE36-450.23. Mandatory education and training; nonretaliation policies; posting; presumption
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136	136	A. Beginning January 1, 2025, each health care institution licensed pursuant to this chapter, each group home and each intermediate care facility for individuals with intellectual disabilities shall provide mandatory education and training using the curriculum developed pursuant to section 36-450.22 to each person who works in the health care institution, group home or intermediate care facility for individuals with intellectual disabilities and who provides care to vulnerable adults. The person shall complete the education and training before beginning employment and shall update the education and training annually. The education and training shall include information regarding the nonretaliation policy of each health care institution, group home or intermediate care facility for individuals with intellectual disabilities and the location where the reporting process and contact information is posted.
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138	138	B. Each health care institution, group home and intermediate care facility for individuals with intellectual disabilities shall:
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140	140	1. Post in a conspicuous place that is accessible to all employees information regarding how to report suspected neglect or abuse, including sexual abuse, of a vulnerable adult.
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142	142	2. Adopt a policy that prohibits retaliatory action against persons who in good faith report suspected neglect or abuse pursuant to section 46-454.
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144	144	C. There is a rebuttable presumption that any termination or other adverse action that occurs more than one hundred eighty days after the date a person reports suspected neglect or abuse pursuant to section 46-454 is not a retaliatory action. END_STATUTE
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146	146	Sec. 2. Emergency
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148	148	This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.