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REFERENCE TITLE: home care workers; licensure |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2228 |
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Introduced by Representative Heinz
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AN ACT
Amending title 36, Arizona Revised Statutes, by adding chapter 39; relating to home care workers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, Arizona Revised Statutes, is amended by adding chapter 39, to read:
CHAPTER 39
HOME CARE WORKERS
ARTICLE 1. GENERAL PROVISIONS
36-3901. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means an in-home personal care services agency that employs home care workers to provide in-home personal care services to clients.
2. "Client" means a person who requests in-home personal care services from a home care worker in the person's place of residence.
3. "department" means the department of health services.
4. "Director" means the director of the department.
5. "home care worker" means a person who is employed by an agency to assist a client or clients with in-home personal care services.
6. "In-home personal care services":
(a) Includes:
(i) Activities of daily living.
(ii) Ambulation.
(iii) Transfer.
(iv) Toileting.
(v) Personal hygiene.
(vi) Feeding.
(vii) A reminder to take medication.
(viii) Letter writing.
(ix) Reading.
(x) Monitoring and companionship for a client who cannot safely be left alone.
(xi) Light housecleaning, laundry and food preparation.
(xii) Essential errands, such as grocery shopping and securing medical supplies and household items.
(xiii) Providing intermittent assistance with a client's personal and physical needs, such as washing hair, bathing and dressing.
(b) Does not include:
(i) Services provided by a licensed health care institution to its patients.
(ii) Services that require the order of a health care professional to be lawfully performed.
(iii) Skilled medical services that must be performed by a person who is licensed pursuant to title 32, chapter 15.
(iv) Home health services provided by home health agencies. For the purposes of this item, "home health services" has the same meaning prescribed in section 36-151.
36-3902. Licensure; exemption
A. A person may not act as a home care worker without being licensed pursuant to this article.
B. A health professional acting within the scope of that person's practice is exempt from the licensure requirements of this article.
36-3903. Use of nonlicensed home care workers; prohibition
An agency that provides In-home personal care services may employ only home care workers who are licensed pursuant to this article to provide those services.
36-3904. Licensure; application; renewal; fees
A. A person who wishes to provide in-home personal care services must submit an application to the director on a form and manner prescribed by the department. The application shall include:
1. An application fee prescribed by the department by rule.
2. A completed fingerprint card, criminal history background information and a fingerprint background check fee as prescribed by the board by rule.
B. The director shall issue a license to an applicant who meets the qualifications prescribed pursuant to this article and who completes the application process as prescribed by the department.
C. A license is valid for two years and may be renewed on application to the director and payment of a renewal fee as prescribed by the department by rule.
D. A licensee must submit an application for renewal at least thirty days and not more than sixty days before the expiration date of the current license.
E. The department may deny a license without holding a hearing. An applicant may appeal this decision pursuant to title 41, chapter 6, article 10.
36-3905. Duties of the director; rules
A. The director shall adopt rules necessary for the proper administration and enforcement of this article.
B. The director by rule shall:
1. Prescribe the duties and limitations of the practice of home care workers.
2. Adopt standards with respect to the practice of home care workers designed to safeguard client health and safety.
3. Establish the criteria for granting, denying, suspending and revoking a license in order to protect client health and safety.
4. Prescribe minimum qualifications for home care workers, including:
(a) The ability to read and write.
(b) Knowledge of the fundamentals of hygiene.
(c) Education requirements.
(d) Age requirements.
36-3906. Grounds for denial of license; disciplinary action; hearing; appeal; civil penalties; injunctions
A. The director may deny, suspend or revoke the license of a home care worker who:
1. Violates this article or rules adopted pursuant to this article.
2. Has been convicted of a felony or a misdemeanor involving moral turpitude.
3. Indulges in conduct or a practice detrimental to client health or safety.
B. The department shall conduct any hearing to suspend or revoke a license pursuant to title 41, chapter 6, article 10. If the director determines at the conclusion of a hearing that grounds exist to suspend or revoke a license, the director may do so permanently or for any period of time the director determines is appropriate and under any conditions that the director determines is appropriate. An applicant for licensure or a licensee may appeal the final decision of the director.
C. In addition to other disciplinary action, the director may impose a civil penalty of not more than one hundred dollars for each violation of this article or a rule adopted pursuant to this article. Each day that a violation continues constitutes a separate offense. The attorney general or the county attorney may bring an action in the name of this state to enforce a civil penalty. The action shall be filed in the superior court in the county where the violation occurred.
D. In addition to other available remedies, the director may apply to the superior court for an injunction to restrain a person from violating this article or a rule adopted pursuant to this article. The court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. The defendant may be served in any county of this state. The action shall be brought on behalf of the director by the attorney general or the county attorney of the county in which the violation is occurring.
36-3907. Investigations; right to examine evidence; subpoenas; confidentiality
A. The director may investigate information that indicates that a person is violating this article. In connection with an investigation, the department may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a home care worker pursuant to the requirements of this article.
B. Pursuant to an investigation or an administrative proceeding, the director may issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence. If a person refuses to comply with a subpoena, the director may apply to the superior court for an order to compel compliance.
C. Records, reports, files, films and oral statements that relate to client examinations, findings and treatment and that are kept by the director pursuant to an investigation are not available to the public. The director shall keep confidential the names of persons whose records are reviewed during the course of an investigation or hearing.
36-3908. Fees
The director, by rule, shall establish and collect nonrefundable fees for the following:
1. Initial application.
2. Initial license.
3. Examinations.
4. License renewal.
5. Duplicate license.
36-3909. Use of title; prohibition
A person who is not licensed pursuant to this article may not use any words, letters or title to indicate that the person is a licensed home care worker.
36-3910. Violation; classification
A person is guilty of a class 6 felony who:
1. Obtains a license pursuant to this article by fraud, intentional misrepresentation or deceit.
2. Performs home care worker services without a proper license or after the license has been denied, suspended or revoked.