Arizona 2025 Regular Session

Arizona Senate Bill SB1565 Compare Versions

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

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1	1	REFERENCE TITLE: sober living; regulation State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1565 Introduced by Senator Hatathlie AN ACT amending section 36-2062, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2062.01 and 36-2062.02; amending sections 36-2063 and 36-2066, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2068, 36-2069 and 36-2070; amending sections 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to sober living homes. (TEXT OF BILL BEGINS ON NEXT PAGE)
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66	66	AN ACT
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70	70	amending section 36-2062, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2062.01 and 36-2062.02; amending sections 36-2063 and 36-2066, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2068, 36-2069 and 36-2070; amending sections 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to sober living homes.
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80	80	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-2062, Arizona Revised Statutes, is amended to read: START_STATUTE36-2062. Licensure; standards; civil penalties; use of title A. The director shall adopt rules to establish minimum standards and requirements for the licensure of sober living homes in this state necessary to ensure the public health, safety and welfare. The director may use the current standards adopted by any recognized national organization approved by the department as guidelines in prescribing the minimum standards and requirements under this subsection. The standards shall include: 1. A requirement that each sober living home to develop policies and procedures to allow individuals who are on medication-assisted treatment to continue to receive this treatment while living in the sober living home. 2. Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery. 3. Policies and procedures for the residence to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large. 4. Policies and procedures for discharge planning of persons living in the residence that do not negatively impact the surrounding community. 5. A good neighbor policy to address neighborhood concerns and complaints. 6. A requirement that the operator of each sober living home have available for emergency personnel an up-to-date list of current medications and medical conditions of each person living in the home. 7. A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements. 8. Policies and procedures for the management of managing all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home. 9. A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the residence or provider and information about how to file a complaint. 10. Policies that promote recovery by requiring residents to participate in treatment, self-help groups or other recovery supports. 11. Policies requiring abstinence from alcohol and illicit drugs. 12. Procedures regarding the appropriate use and security of medication by a resident. 13. Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes applicable to comparable dwellings occupied by single families. 14. Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits. 15. Policies and procedures for managing complaints about sober living homes. 16. Requirements for the notification of notifying a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose. B. The licensure of a sober living home under this article is for one year. A person operating a sober living home in this state that has failed to attain or maintain licensure of the sober living home shall pay a civil penalty of up to one thousand dollars civil penalties as prescribed in section 36-2063 for each violation. C. To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990. D. A treatment facility that is licensed by the department for the treatment of to treat substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article. E. Once the director adopts the minimum standards as required in subsection A of this section, a person may not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department or is certified as prescribed in section 36-2064. The license is valid only for the establishment, operation and maintenance of the sober living home. The licensee may not: 1. Imply by advertising, or directory listing or otherwise imply that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the underlying adopted rules for sober living homes. 2. Transfer or assign the license. A license is valid only for the premises occupied by the sober living home at the time of its issuance. END_STATUTE Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2062.01 and 36-2062.02, to read: START_STATUTE36-2062.01. Fingerprinting requirements as a condition of licensure or continued licensure of a sober living home and as a condition of employment in a sober living home, employees and owners of sober living homes, contracted persons of sober living homes and volunteers of sober living homes shall both: 1. submit a full set of fingerprints to the department of HEALTH services for the purpose of obtaining a state and federal criminal 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. The department of health services may charge the cost of each criminal background check to the applicant. 2. Have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1. END_STATUTE START_STATUTE36-2062.02. Staff education and training; staff ratios; supervision A. The department shall establish by rule annual continuing education and training requirements for employees, volunteers and contractors who work in sober living homes, including peer support specialists and behavioral health technicians. B. A sober living home shall maintain a staff ratio of two staff members, who provide monitoring or assistance to residents at the sober living home, for every six residents. C. A staff member who is an employee of the sober living home and who provides monitoring or assistance to residents of the sober living home must supervise the sober living home twenty-four hours a day. END_STATUTE Sec. 3. Section 36-2063, Arizona Revised Statutes, is amended to read: START_STATUTE36-2063. Fees; licensure; inspections; violation; classification; civil penalty; sanctions A. The department shall establish fees for initial licensure and license renewal of a sober living home and a fee for the late payment of licensing fees that includes a grace period. The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this section in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section in the state general fund. B. On a determination by the director that there is reasonable cause to believe a sober living home is not adhering to the licensing requirements of this article, the director and any duly designated employee or agent of the director may shall enter on and into the premises of any sober living home that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules. Any application for licensure under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If an inspection reveals that the sober living home is not adhering to the licensing requirements established pursuant to this article, the director may shall take action authorized by this article. C. Any sober living home whose license has been suspended or revoked in accordance with this article is subject to inspection on application for relicensure or reinstatement of the license. If a sober living home license is revoked in this state or any other state, the licensee of the sober living home whose license was revoked may not reapply for any license issued pursuant to this title for a period of at least five years. D. A sober living home that operates in this state without a license in violation of this article is guilty of a class 6 felony and the director shall assess a civil penalty of at least $5,000 and not more than $10,000 for each violation. Each day the sober living home operates without a license is a separate violation. C. E. The director may shall impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of at least $5,000 and not more than five hundred dollars $10,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may shall issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director may not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days for which the violation has been documented by the department. D. F. The department may impose sanctions and commence disciplinary actions against a licensed sober living home, including revoking the license. A license may not be suspended or revoked under this article without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10. E. G. The department may contract with a third party to assist the department with licensure and inspections. END_STATUTE Sec. 4. Section 36-2066, Arizona Revised Statutes, is amended to read: START_STATUTE36-2066. Posting; sober living homes; update The department shall post on its public website the name, address, and telephone number, department-issued license number, local jurisdiction business license number and licensure status of each certified and licensed sober living home in this state and shall update the list quarterly. The department may not disclose the address of a certified or licensed sober living home except to a local jurisdiction for zoning purposes, local law enforcement and emergency personnel. A sober living home's address is not a public record and is not subject to title 39, chapter 1, article 2. END_STATUTE Sec. 5. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2068, 36-2069 and 36-2070, to read: START_STATUTE36-2068. Resident acceptance; notification of family; conditions for transportation A. At the time of accepting a resident into a sober living home, the sober living home shall notify the resident's family or next of kin within seventy-two hours after accepting the resident. The notification shall be documented in the resident's record. B. A sober living home may not coordinate, facilitate, arrange for or solicit transportation of a person to the sober living home if the person is intoxicated or under the influence of alcohol or other substances, unless the person is referred by an approved provider of a tribal health care program or a regional behavioral health authority or is court-ordered. END_STATUTE START_STATUTE36-2069. Resident discharge; transportation; documentation A sober living home shall inquire, both verbally and in writing, whether a resident wants to be transported to the resident's place of residence or an alternative safe living space in this state as requested by the resident after discharge from the sober living home. The resident's wishes regarding transportation shall be documented on a form prescribed by the department of health services, signed by the resident and retained in the resident's record. The sober living home shall ensure safe and reliable transportation, as determined by the department of health services, for a resident who wishes to be transported to the resident's place of residence or an alternative safe living space in this state as requested by the resident on discharge. END_STATUTE START_STATUTE36-2070. Notification requirements; rules; sex offender registration A. A manager or staff of a sober living home shall notify the department, in a department-provided format, immediately and not more than six hours after any of the following occurs: 1. The death of a resident, including whether the death may have been drug-related. 2. A resident needed immediate intervention by an Emergency medical provider or other health care provider for a possible overdose or other drug or alcohol-related illness. 3. A sex-related crime may have been committed at the sober living home. 4. Any other incident specified in rule by the department. B. Sober living home managers and staff may not have a personal or intimate relationship with a resident of the sober living home. C. The manager or staff of a sober living home shall contact law enforcement if the manager or staff is informed that a resident of the sober living home may have been involved in a sex-related crime. D. A sober living licensee shall ensure that any resident of the licensee's sober living home who is required to register pursuant to section 13-3821 registers within the statutorily required time frame after admission to the sober living home. END_STATUTE Sec. 6. Section 41-619.51, Arizona Revised Statutes, is amended to read: START_STATUTE41-619.51. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing. 2. "Board" means the board of fingerprinting. 3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804. 4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present. 5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55. 6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 8-804. (h) Section 15-183. (i) Section 15-503. (j) Section 15-512. (k) Section 15-534. (l) Section 15-763.01. (m) Section 15-782.02. (n) Section 15-1330. (o) Section 15-1881. (p) Section 17-215. (q) Section 28-3228. (r) Section 28-3413. (s) Section 32-122.02. (t) Section 32-122.05. (u) Section 32-122.06. (v) Section 32-823. (w) Section 32-1232. (x) Section 32-1276.01. (y) Section 32-1284. (z) Section 32-1297.01. (aa) Section 32-1904. (bb) Section 32-1941. (cc) Section 32-1982. (dd) Section 32-2022. (ee) Section 32-2063. (ff) Section 32-2108.01. (gg) Section 32-2123. (hh) Section 32-2371. (ii) Section 32-3430. (jj) Section 32-3620. (kk) Section 32-3668. (ll) Section 32-3669. (mm) Section 32-3922. (nn) Section 32-3924. (pp) (oo) Section 32-4128. (oo) (pp) Section 32-4222. (qq) Section 36-113. (rr) Section 36-207. (ss) Section 36-411. (tt) Section 36-425.03. (uu) Section 36-446.04. (vv) Section 36-594.01. (ww) Section 36-594.02. (xx) Section 36-766.01. (yy) Section 36-882. (zz) Section 36-883.02. (aaa) Section 36-897.01. (bbb) Section 36-897.03. (ccc) Section 36-2062.01. (ccc) (ddd) Section 36-3008. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321.END_STATUTE Sec. 7. Section 41-1758, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758. Definitions In this article, unless the context otherwise requires: 1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy or the Arizona department of housing. 2. "Division" means the fingerprinting division in the department of public safety. 3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety. 4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55. 5. "Person" means a person who is required to be fingerprinted pursuant to any of the following: (a) Section 3-314. (b) Section 8-105. (c) Section 8-322. (d) Section 8-463. (e) Section 8-509. (f) Section 8-802. (g) Section 15-183. (h) Section 15-503. (i) Section 15-512. (j) Section 15-534. (k) Section 15-763.01. (l) Section 15-782.02. (m) Section 15-1330. (n) Section 15-1881. (o) Section 17-215. (p) Section 28-3228. (q) Section 28-3413. (r) Section 32-122.02. (s) Section 32-122.05. (t) Section 32-122.06. (u) Section 32-823. (v) Section 32-1232. (w) Section 32-1276.01. (x) Section 32-1284. (y) Section 32-1297.01. (z) Section 32-1904. (aa) Section 32-1941. (bb) Section 32-1982. (cc) Section 32-2022. (dd) Section 32-2063. (ee) Section 32-2108.01. (ff) Section 32-2123. (gg) Section 32-2371. (hh) Section 32-3430. (ii) Section 32-3620. (jj) Section 32-3668. (kk) Section 32-3669. (ll) Section 32-3922. (mm) Section 32-3924. (nn) Section 32-4128. (oo) Section 32-4222. (pp) Section 36-113. (qq) Section 36-207. (rr) Section 36-411. (ss) Section 36-425.03. (tt) Section 36-446.04. (uu) Section 36-594.01. (vv) Section 36-594.02. (ww) Section 36-766.01. (xx) Section 36-882. (yy) Section 36-883.02. (zz) Section 36-897.01. (aaa) Section 36-897.03. (bbb) Section 36-2062.01. (bbb) (ccc) Section 36-3008. (ccc) (ddd) Section 41-619.52. (ddd) (eee) Section 41-619.53. (eee) (fff) Section 41-1964. (fff) (ggg) Section 41-1967.01. (ggg) (hhh) Section 41-1968. (hhh) (iii) Section 41-1969. (iii) (jjj) Section 41-2814. (jjj) (kkk) Section 41-4025. (kkk) (lll) Section 46-141, subsection A or B. (lll) (mmm) Section 46-321. 6. "Rap back services" has the same meaning prescribed in section 41-1750. 7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE Sec. 8. Section 41-1758.01, Arizona Revised Statutes, is amended to read: START_STATUTE41-1758.01. Fingerprinting division; powers and duties A. The fingerprinting division is established in the department of public safety and shall: 1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-2062.01, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321. 2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card. 3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund. 4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07. 5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544. 7. Administer and enforce this article. B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with: 1. All information privacy and security measures and submission standards established by the department of public safety. 2. The information technology security policy approved by the department of public safety. END_STATUTE Sec. 9. Rulemaking exemption; intent A. Notwithstanding any other law, for the purposes of this act and amending the rules relating to sober living homes, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, through June 30, 2026. B. The legislature intends for the department of health services to review and amend the rules for sober living homes to ensure that there are adequate and proper requirements for staffing, care and oversight.
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82	82	Be it enacted by the Legislature of the State of Arizona:
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84	84	Section 1. Section 36-2062, Arizona Revised Statutes, is amended to read:
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86	86	START_STATUTE36-2062. Licensure; standards; civil penalties; use of title
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88	88	A. The director shall adopt rules to establish minimum standards and requirements for the licensure of sober living homes in this state necessary to ensure the public health, safety and welfare. The director may use the current standards adopted by any recognized national organization approved by the department as guidelines in prescribing the minimum standards and requirements under this subsection. The standards shall include:
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90	90	1. A requirement that each sober living home to develop policies and procedures to allow individuals who are on medication-assisted treatment to continue to receive this treatment while living in the sober living home.
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92	92	2. Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery.
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94	94	3. Policies and procedures for the residence to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.
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96	96	4. Policies and procedures for discharge planning of persons living in the residence that do not negatively impact the surrounding community.
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98	98	5. A good neighbor policy to address neighborhood concerns and complaints.
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100	100	6. A requirement that the operator of each sober living home have available for emergency personnel an up-to-date list of current medications and medical conditions of each person living in the home.
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102	102	7. A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements.
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104	104	8. Policies and procedures for the management of managing all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home.
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106	106	9. A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the residence or provider and information about how to file a complaint.
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108	108	10. Policies that promote recovery by requiring residents to participate in treatment, self-help groups or other recovery supports.
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110	110	11. Policies requiring abstinence from alcohol and illicit drugs.
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112	112	12. Procedures regarding the appropriate use and security of medication by a resident.
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114	114	13. Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes applicable to comparable dwellings occupied by single families.
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116	116	14. Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.
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118	118	15. Policies and procedures for managing complaints about sober living homes.
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120	120	16. Requirements for the notification of notifying a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose.
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122	122	B. The licensure of a sober living home under this article is for one year. A person operating a sober living home in this state that has failed to attain or maintain licensure of the sober living home shall pay a civil penalty of up to one thousand dollars civil penalties as prescribed in section 36-2063 for each violation.
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124	124	C. To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990.
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126	126	D. A treatment facility that is licensed by the department for the treatment of to treat substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article.
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128	128	E. Once the director adopts the minimum standards as required in subsection A of this section, a person may not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department or is certified as prescribed in section 36-2064. The license is valid only for the establishment, operation and maintenance of the sober living home. The licensee may not:
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130	130	1. Imply by advertising, or directory listing or otherwise imply that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the underlying adopted rules for sober living homes.
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132	132	2. Transfer or assign the license. A license is valid only for the premises occupied by the sober living home at the time of its issuance. END_STATUTE
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134	134	Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2062.01 and 36-2062.02, to read:
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136	136	START_STATUTE36-2062.01. Fingerprinting requirements
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138	138	as a condition of licensure or continued licensure of a sober living home and as a condition of employment in a sober living home, employees and owners of sober living homes, contracted persons of sober living homes and volunteers of sober living homes shall both:
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140	140	1. submit a full set of fingerprints to the department of HEALTH services for the purpose of obtaining a state and federal criminal 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. The department of health services may charge the cost of each criminal background check to the applicant.
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142	142	2. Have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1. END_STATUTE
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144	144	START_STATUTE36-2062.02. Staff education and training; staff ratios; supervision
145	145
146	146	A. The department shall establish by rule annual continuing education and training requirements for employees, volunteers and contractors who work in sober living homes, including peer support specialists and behavioral health technicians.
147	147
148	148	B. A sober living home shall maintain a staff ratio of two staff members, who provide monitoring or assistance to residents at the sober living home, for every six residents.
149	149
150	150	C. A staff member who is an employee of the sober living home and who provides monitoring or assistance to residents of the sober living home must supervise the sober living home twenty-four hours a day. END_STATUTE
151	151
152	152	Sec. 3. Section 36-2063, Arizona Revised Statutes, is amended to read:
153	153
154	154	START_STATUTE36-2063. Fees; licensure; inspections; violation; classification; civil penalty; sanctions
155	155
156	156	A. The department shall establish fees for initial licensure and license renewal of a sober living home and a fee for the late payment of licensing fees that includes a grace period. The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this section in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section in the state general fund.
157	157
158	158	B. On a determination by the director that there is reasonable cause to believe a sober living home is not adhering to the licensing requirements of this article, the director and any duly designated employee or agent of the director may shall enter on and into the premises of any sober living home that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules. Any application for licensure under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If an inspection reveals that the sober living home is not adhering to the licensing requirements established pursuant to this article, the director may shall take action authorized by this article.
159	159
160	160	C. Any sober living home whose license has been suspended or revoked in accordance with this article is subject to inspection on application for relicensure or reinstatement of the license. If a sober living home license is revoked in this state or any other state, the licensee of the sober living home whose license was revoked may not reapply for any license issued pursuant to this title for a period of at least five years.
161	161
162	162	D. A sober living home that operates in this state without a license in violation of this article is guilty of a class 6 felony and the director shall assess a civil penalty of at least $5,000 and not more than $10,000 for each violation. Each day the sober living home operates without a license is a separate violation.
163	163
164	164	C. E. The director may shall impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of at least $5,000 and not more than five hundred dollars $10,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may shall issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director may not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days for which the violation has been documented by the department.
165	165
166	166	D. F. The department may impose sanctions and commence disciplinary actions against a licensed sober living home, including revoking the license. A license may not be suspended or revoked under this article without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10.
167	167
168	168	E. G. The department may contract with a third party to assist the department with licensure and inspections. END_STATUTE
169	169
170	170	Sec. 4. Section 36-2066, Arizona Revised Statutes, is amended to read:
171	171
172	172	START_STATUTE36-2066. Posting; sober living homes; update
173	173
174	174	The department shall post on its public website the name, address, and telephone number, department-issued license number, local jurisdiction business license number and licensure status of each certified and licensed sober living home in this state and shall update the list quarterly. The department may not disclose the address of a certified or licensed sober living home except to a local jurisdiction for zoning purposes, local law enforcement and emergency personnel. A sober living home's address is not a public record and is not subject to title 39, chapter 1, article 2. END_STATUTE
175	175
176	176	Sec. 5. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2068, 36-2069 and 36-2070, to read:
177	177
178	178	START_STATUTE36-2068. Resident acceptance; notification of family; conditions for transportation
179	179
180	180	A. At the time of accepting a resident into a sober living home, the sober living home shall notify the resident's family or next of kin within seventy-two hours after accepting the resident. The notification shall be documented in the resident's record.
181	181
182	182	B. A sober living home may not coordinate, facilitate, arrange for or solicit transportation of a person to the sober living home if the person is intoxicated or under the influence of alcohol or other substances, unless the person is referred by an approved provider of a tribal health care program or a regional behavioral health authority or is court-ordered. END_STATUTE
183	183
184	184	START_STATUTE36-2069. Resident discharge; transportation; documentation
185	185
186	186	A sober living home shall inquire, both verbally and in writing, whether a resident wants to be transported to the resident's place of residence or an alternative safe living space in this state as requested by the resident after discharge from the sober living home. The resident's wishes regarding transportation shall be documented on a form prescribed by the department of health services, signed by the resident and retained in the resident's record. The sober living home shall ensure safe and reliable transportation, as determined by the department of health services, for a resident who wishes to be transported to the resident's place of residence or an alternative safe living space in this state as requested by the resident on discharge. END_STATUTE
187	187
188	188	START_STATUTE36-2070. Notification requirements; rules; sex offender registration
189	189
190	190	A. A manager or staff of a sober living home shall notify the department, in a department-provided format, immediately and not more than six hours after any of the following occurs:
191	191
192	192	1. The death of a resident, including whether the death may have been drug-related.
193	193
194	194	2. A resident needed immediate intervention by an Emergency medical provider or other health care provider for a possible overdose or other drug or alcohol-related illness.
195	195
196	196	3. A sex-related crime may have been committed at the sober living home.
197	197
198	198	4. Any other incident specified in rule by the department.
199	199
200	200	B. Sober living home managers and staff may not have a personal or intimate relationship with a resident of the sober living home.
201	201
202	202	C. The manager or staff of a sober living home shall contact law enforcement if the manager or staff is informed that a resident of the sober living home may have been involved in a sex-related crime.
203	203
204	204	D. A sober living licensee shall ensure that any resident of the licensee's sober living home who is required to register pursuant to section 13-3821 registers within the statutorily required time frame after admission to the sober living home. END_STATUTE
205	205
206	206	Sec. 6. Section 41-619.51, Arizona Revised Statutes, is amended to read:
207	207
208	208	START_STATUTE41-619.51. Definitions
209	209
210	210	In this article, unless the context otherwise requires:
211	211
212	212	1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.
213	213
214	214	2. "Board" means the board of fingerprinting.
215	215
216	216	3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.
217	217
218	218	4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
219	219
220	220	5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.
221	221
222	222	6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
223	223
224	224	(a) Section 3-314.
225	225
226	226	(b) Section 8-105.
227	227
228	228	(c) Section 8-322.
229	229
230	230	(d) Section 8-463.
231	231
232	232	(e) Section 8-509.
233	233
234	234	(f) Section 8-802.
235	235
236	236	(g) Section 8-804.
237	237
238	238	(h) Section 15-183.
239	239
240	240	(i) Section 15-503.
241	241
242	242	(j) Section 15-512.
243	243
244	244	(k) Section 15-534.
245	245
246	246	(l) Section 15-763.01.
247	247
248	248	(m) Section 15-782.02.
249	249
250	250	(n) Section 15-1330.
251	251
252	252	(o) Section 15-1881.
253	253
254	254	(p) Section 17-215.
255	255
256	256	(q) Section 28-3228.
257	257
258	258	(r) Section 28-3413.
259	259
260	260	(s) Section 32-122.02.
261	261
262	262	(t) Section 32-122.05.
263	263
264	264	(u) Section 32-122.06.
265	265
266	266	(v) Section 32-823.
267	267
268	268	(w) Section 32-1232.
269	269
270	270	(x) Section 32-1276.01.
271	271
272	272	(y) Section 32-1284.
273	273
274	274	(z) Section 32-1297.01.
275	275
276	276	(aa) Section 32-1904.
277	277
278	278	(bb) Section 32-1941.
279	279
280	280	(cc) Section 32-1982.
281	281
282	282	(dd) Section 32-2022.
283	283
284	284	(ee) Section 32-2063.
285	285
286	286	(ff) Section 32-2108.01.
287	287
288	288	(gg) Section 32-2123.
289	289
290	290	(hh) Section 32-2371.
291	291
292	292	(ii) Section 32-3430.
293	293
294	294	(jj) Section 32-3620.
295	295
296	296	(kk) Section 32-3668.
297	297
298	298	(ll) Section 32-3669.
299	299
300	300	(mm) Section 32-3922.
301	301
302	302	(nn) Section 32-3924.
303	303
304	304	(pp) (oo) Section 32-4128.
305	305
306	306	(oo) (pp) Section 32-4222.
307	307
308	308	(qq) Section 36-113.
309	309
310	310	(rr) Section 36-207.
311	311
312	312	(ss) Section 36-411.
313	313
314	314	(tt) Section 36-425.03.
315	315
316	316	(uu) Section 36-446.04.
317	317
318	318	(vv) Section 36-594.01.
319	319
320	320	(ww) Section 36-594.02.
321	321
322	322	(xx) Section 36-766.01.
323	323
324	324	(yy) Section 36-882.
325	325
326	326	(zz) Section 36-883.02.
327	327
328	328	(aaa) Section 36-897.01.
329	329
330	330	(bbb) Section 36-897.03.
331	331
332	332	(ccc) Section 36-2062.01.
333	333
334	334	(ccc) (ddd) Section 36-3008.
335	335
336	336	(ddd) (eee) Section 41-619.53.
337	337
338	338	(eee) (fff) Section 41-1964.
339	339
340	340	(fff) (ggg) Section 41-1967.01.
341	341
342	342	(ggg) (hhh) Section 41-1968.
343	343
344	344	(hhh) (iii) Section 41-1969.
345	345
346	346	(iii) (jjj) Section 41-2814.
347	347
348	348	(jjj) (kkk) Section 41-4025.
349	349
350	350	(kkk) (lll) Section 46-141, subsection A or B.
351	351
352	352	(lll) (mmm) Section 46-321.END_STATUTE
353	353
354	354	Sec. 7. Section 41-1758, Arizona Revised Statutes, is amended to read:
355	355
356	356	START_STATUTE41-1758. Definitions
357	357
358	358	In this article, unless the context otherwise requires:
359	359
360	360	1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, the board of massage therapy or the Arizona department of housing.
361	361
362	362	2. "Division" means the fingerprinting division in the department of public safety.
363	363
364	364	3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
365	365
366	366	4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.
367	367
368	368	5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
369	369
370	370	(a) Section 3-314.
371	371
372	372	(b) Section 8-105.
373	373
374	374	(c) Section 8-322.
375	375
376	376	(d) Section 8-463.
377	377
378	378	(e) Section 8-509.
379	379
380	380	(f) Section 8-802.
381	381
382	382	(g) Section 15-183.
383	383
384	384	(h) Section 15-503.
385	385
386	386	(i) Section 15-512.
387	387
388	388	(j) Section 15-534.
389	389
390	390	(k) Section 15-763.01.
391	391
392	392	(l) Section 15-782.02.
393	393
394	394	(m) Section 15-1330.
395	395
396	396	(n) Section 15-1881.
397	397
398	398	(o) Section 17-215.
399	399
400	400	(p) Section 28-3228.
401	401
402	402	(q) Section 28-3413.
403	403
404	404	(r) Section 32-122.02.
405	405
406	406	(s) Section 32-122.05.
407	407
408	408	(t) Section 32-122.06.
409	409
410	410	(u) Section 32-823.
411	411
412	412	(v) Section 32-1232.
413	413
414	414	(w) Section 32-1276.01.
415	415
416	416	(x) Section 32-1284.
417	417
418	418	(y) Section 32-1297.01.
419	419
420	420	(z) Section 32-1904.
421	421
422	422	(aa) Section 32-1941.
423	423
424	424	(bb) Section 32-1982.
425	425
426	426	(cc) Section 32-2022.
427	427
428	428	(dd) Section 32-2063.
429	429
430	430	(ee) Section 32-2108.01.
431	431
432	432	(ff) Section 32-2123.
433	433
434	434	(gg) Section 32-2371.
435	435
436	436	(hh) Section 32-3430.
437	437
438	438	(ii) Section 32-3620.
439	439
440	440	(jj) Section 32-3668.
441	441
442	442	(kk) Section 32-3669.
443	443
444	444	(ll) Section 32-3922.
445	445
446	446	(mm) Section 32-3924.
447	447
448	448	(nn) Section 32-4128.
449	449
450	450	(oo) Section 32-4222.
451	451
452	452	(pp) Section 36-113.
453	453
454	454	(qq) Section 36-207.
455	455
456	456	(rr) Section 36-411.
457	457
458	458	(ss) Section 36-425.03.
459	459
460	460	(tt) Section 36-446.04.
461	461
462	462	(uu) Section 36-594.01.
463	463
464	464	(vv) Section 36-594.02.
465	465
466	466	(ww) Section 36-766.01.
467	467
468	468	(xx) Section 36-882.
469	469
470	470	(yy) Section 36-883.02.
471	471
472	472	(zz) Section 36-897.01.
473	473
474	474	(aaa) Section 36-897.03.
475	475
476	476	(bbb) Section 36-2062.01.
477	477
478	478	(bbb) (ccc) Section 36-3008.
479	479
480	480	(ccc) (ddd) Section 41-619.52.
481	481
482	482	(ddd) (eee) Section 41-619.53.
483	483
484	484	(eee) (fff) Section 41-1964.
485	485
486	486	(fff) (ggg) Section 41-1967.01.
487	487
488	488	(ggg) (hhh) Section 41-1968.
489	489
490	490	(hhh) (iii) Section 41-1969.
491	491
492	492	(iii) (jjj) Section 41-2814.
493	493
494	494	(jjj) (kkk) Section 41-4025.
495	495
496	496	(kkk) (lll) Section 46-141, subsection A or B.
497	497
498	498	(lll) (mmm) Section 46-321.
499	499
500	500	6. "Rap back services" has the same meaning prescribed in section 41-1750.
501	501
502	502	7. "Vulnerable adult" has the same meaning prescribed in section 13-3623. END_STATUTE
503	503
504	504	Sec. 8. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
505	505
506	506	START_STATUTE41-1758.01. Fingerprinting division; powers and duties
507	507
508	508	A. The fingerprinting division is established in the department of public safety and shall:
509	509
510	510	1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669,
511	511
512	512	32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-2062.01, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321.
513	513
514	514	2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
515	515
516	516	3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.
517	517
518	518	4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.
519	519
520	520	5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
521	521
522	522	6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
523	523
524	524	7. Administer and enforce this article.
525	525
526	526	B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
527	527
528	528	1. All information privacy and security measures and submission standards established by the department of public safety.
529	529
530	530	2. The information technology security policy approved by the department of public safety. END_STATUTE
531	531
532	532	Sec. 9. Rulemaking exemption; intent
533	533
534	534	A. Notwithstanding any other law, for the purposes of this act and amending the rules relating to sober living homes, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, through June 30, 2026.
535	535
536	536	B. The legislature intends for the department of health services to review and amend the rules for sober living homes to ensure that there are adequate and proper requirements for staffing, care and oversight.