Arizona 2024 Regular Session

Arizona House Bill HB2560 Compare Versions

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

Old	New	Differences
1	1	REFERENCE TITLE: sober living; behavioral health; licensure State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2560 Introduced by Representatives Schwiebert: Contreras P, Crews, Gutierrez, Pawlik, Quionez, Sandoval, Seaman, Terech; Senators Hatathlie, Sundareshan An Act amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.05; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding section 36-2068; relating to health care institutions. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9	REFERENCE TITLE: sober living; behavioral health; licensure
10	10	State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
11	11	HB 2560
12	12	Introduced by Representatives Schwiebert: Contreras P, Crews, Gutierrez, Pawlik, Quionez, Sandoval, Seaman, Terech; Senators Hatathlie, Sundareshan
13	13
14	14	REFERENCE TITLE: sober living; behavioral health; licensure
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	House of Representatives
27	27
28	28	Fifty-sixth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2024
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	HB 2560
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Representatives Schwiebert: Contreras P, Crews, Gutierrez, Pawlik, Quionez, Sandoval, Seaman, Terech; Senators Hatathlie, Sundareshan
47	47
48	48
49	49
50	50
51	51
52	52
53	53
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63
64	64	An Act
65	65
66	66
67	67
68	68	amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.05; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding section 36-2068; relating to health care institutions.
69	69
70	70
71	71
72	72
73	73
74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
75	75
76	76
77	77
78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-420.05, to read: START_STATUTE36-420.05. Behavioral health residential facilities; legal action; licensure; change of ownership; violations; civil penalty; notice A. The department may not act on an application for licensure or renewal of a currently licensed behavioral health residential facility while any enforcement or court action related to behavioral health residential facility licensure is pending against that behavioral health residential facility's current licensee. B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the behavioral health residential facility is in the process of being sold or transferred to a new owner. C. The department may not approve a change in behavioral health residential facility ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the behavioral health residential facility so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the behavioral health residential facility's daily operations or staff are responsible for and have control over the behavioral health residential facility. D. If a behavioral health residential facility fails to attain or maintain licensure as required by this chapter and continues to operate, the department may assess a civil penalty against the owner in an amount of at least $5,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice of assessment that must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10.END_STATUTE Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2068, to read: START_STATUTE36-2068. Sober living homes; legal action; licensure; change of ownership; violations; civil penalty; notice A. The department may not act on an application for licensure or renewal of a currently licensed sober living home while any enforcement or court action related to sober living home licensure is pending against that sober living home's current licensee. B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the sober living home is in the process of being sold or transferred to a new owner. C. The department may not approve a change in sober living home ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the sober living home so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the sober living home's daily operations or staff are responsible for and have control over the sober living home. D. If a sober living home fails to attain or maintain licensure as required by this article and continues to operate, the department may assess a civil penalty against the owner in an amount of at least $5,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice of assessment that must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10. END_STATUTE
79	79
80	80	Be it enacted by the Legislature of the State of Arizona:
81	81
82	82	Section 1. Title 36, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 36-420.05, to read:
83	83
84	84	START_STATUTE36-420.05. Behavioral health residential facilities; legal action; licensure; change of ownership; violations; civil penalty; notice
85	85
86	86	A. The department may not act on an application for licensure or renewal of a currently licensed behavioral health residential facility while any enforcement or court action related to behavioral health residential facility licensure is pending against that behavioral health residential facility's current licensee.
87	87
88	88	B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the behavioral health residential facility is in the process of being sold or transferred to a new owner.
89	89
90	90	C. The department may not approve a change in behavioral health residential facility ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the behavioral health residential facility so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the behavioral health residential facility's daily operations or staff are responsible for and have control over the behavioral health residential facility.
91	91
92	92	D. If a behavioral health residential facility fails to attain or maintain licensure as required by this chapter and continues to operate, the department may assess a civil penalty against the owner in an amount of at least $5,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice of assessment that must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10.END_STATUTE
93	93
94	94	Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2068, to read:
95	95
96	96	START_STATUTE36-2068. Sober living homes; legal action; licensure; change of ownership; violations; civil penalty; notice
97	97
98	98	A. The department may not act on an application for licensure or renewal of a currently licensed sober living home while any enforcement or court action related to sober living home licensure is pending against that sober living home's current licensee.
99	99
100	100	B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the sober living home is in the process of being sold or transferred to a new owner.
101	101
102	102	C. The department may not approve a change in sober living home ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the sober living home so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the sober living home's daily operations or staff are responsible for and have control over the sober living home.
103	103
104	104	D. If a sober living home fails to attain or maintain licensure as required by this article and continues to operate, the department may assess a civil penalty against the owner in an amount of at least $5,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice of assessment that must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10. END_STATUTE