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REFERENCE TITLE: caregiver registries |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2715 |
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Introduced by Representatives Farley: Ash, Gray R, Yee
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AN ACT
amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-415; amending title 36, chapter 5.1, article 1, Arizona Revised Statutes, by adding section 36-568; relating to caregiver registries.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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 36-415, to read:
36-415. Caregiver registry
A. Pursuant to rules adopted by the department, the director shall establish a registry of caregivers who have a substantiated history of abuse of persons who receive care in an assisting living facility or a nursing care institution or in‑home care. The rules shall:
1. Prescribe the requirements for substantiating abuse.
2. Require the department to notify a person before the department places that person on the registry to allow the person to challenge the department's proposed action.
3. Prescribe a process to challenge a proposed action or to appeal to have a name removed from the registry.
4. Require the department to update the registry on a quarterly basis and more frequently when necessary.
B. The department shall make the registry available to the public on the department's website.
Sec. 2. Title 36, chapter 5.1, article 1, Arizona Revised Statutes, is amended by adding section 36-568, to read:
36-568. Caregiver registry
A. Pursuant to rules adopted by the department, the director shall establish a registry of caregivers who have a substantiated history of abuse of persons with a developmental disability. The rules shall:
1. Prescribe the requirements for substantiating abuse.
2. Require the department to notify a person before the department places that person on the registry to allow the person to challenge the department's proposed action.
3. Prescribe a process to challenge a proposed action or to appeal to have a name removed from the registry.
4. Require the department to update the registry on a quarterly basis and more frequently when necessary.
B. The department shall make the registry available to the public on the department's website.
Sec. 3. Exemption from rule making
For the purposes of this act, the department of economic security and the department of health services are exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for one year after the effective date of this act.