Bill Number: S.B. 1218
Brophy
Mcgee Floor Amendment
Reference
to: HEALTH AND HUMAN SERVICES
Committee
amendment
Amendment
drafted by: Jessica Newland
FLOOR
AMENDMENT EXPLANATION
1.
Requires DES
to maintain a system of independent oversight for licensing and monitoring of
developmental homes.
2.
Requires DES
to establish in rule:
a) the frequency and type of visits for
licensing and monitoring;
b) the maximum caseload for those performing
licensing and monitoring services; and
c) a system for appropriate public access
to information regarding licensing and monitoring findings
3.
Allows DES to
deny, suspend or revoke a license if an employee, applicant, licensee or adult
household member of a developmental home is the subject of a substantiated or
proposed substantiated finding of abuse or neglect.
4.
Requires all
adult household members and adult members living on the premises of a
developmental home to have a valid fingerprint clearance card.
5.
Requires a
developmental home to allow employees or agents of non-profit protection or
advocacy organizations with training and expertise in monitoring residential
settings for persons with developmental disabilities to inspect the
developmental home at reasonable times.
6.
Removes
language relating to a conflict of interest.
7.
Delays the
effective date to July 1, 2019.
Page 1, before line 1, insert:
"Page
2, line 8, after the period insert "the department shall
maintain a system of independent oversight of licensing."; strike
"a"
Strike lines
9 and 10, insert "THIRD PARTIES TO PERFORM SERVICES IN
CONNECTION WITH LICENSING."
Line 32,
after the period insert "THE DEPARTMENT SHALL MAINTAIN A
SYSTEM OF INDEPENDENT OVERSIGHT OF MONITORING."; strike "for"
Strike lines
33 and 34, insert "WITH THIRD PARTIES TO PERFORM SERVICES
IN CONNECTION WITH MONITORING."
Line 39, after
"for" strike remainder of line
Line 40,
strike "monitor" insert "the
licensing and monitoring of"
Strike lines
42 through 44, insert "THE RULES SHALL ESTABLISH THE
FREQUENCY AND TYPE OF VISITS FOR LICENSING AND MONITORING, MAXIMUM CASELOAD
RATIOS FOR THOSE PERFORMING LICENSING AND MONITORING SERVICES AND A SYSTEM FOR
APPROPRIATE PUBLIC ACCESS TO INFORMATION REGARDING LICENSING AND MONITORING
FINDINGS."
Page 3,
between lines 17 and 18, insert:
"Sec.
4. Section 36-594, Arizona Revised Statutes, is amended to read:
START_STATUTE36-594. Denial,
suspension or revocation of license;
definition
a.
The department
may deny, suspend or revoke a license pursuant to title 41, chapter 6,
article 6 for any one or a combination of the following:
1. An
applicant or licensee violates this chapter, rules adopted pursuant to this
chapter, federal or state statutes or city or county ordinances or codes.
2. An
applicant or licensee refuses to cooperate in obtaining or providing
information the department deems necessary to determine if the department's
standards have been met.
3. An
employee, applicant, licensee or adult household member of an adult
developmental home or child developmental home has been convicted of, has been
found by a court to have committed or is reasonably believed to have committed
a sex offense, a drug related offense, a theft related offense, a violence
related offense, child abuse, child neglect, contributing to the delinquency of
a minor or abuse or neglect of a vulnerable adult. For the
purposes of this paragraph, "vulnerable adult" has the same meaning
prescribed in section 13‑3623.
4.
AN EMPLOYEE, APPLICANT, LICENSEE OR ADULT HOUSEHOLD MEMBER OF AN ADULT
DEVELOPMENTAL HOME IS THE SUBJECT OF A PROPOSED SUBSTANTIATED OR A
SUBSTANTIATED FINDING OF ABUSE OR NEGLECT BY ADULT PROTECTIVE SERVICES.
4. 5.
An applicant or licensee materially misrepresents or wilfully fails to disclose
information to the department relating to the applicant's or licensee's
qualifications, experience or performance of responsibilities.
5. 6. The
department determines, using criteria established in statute or rule, that an
applicant or licensee is unable or unwilling to meet the physical or emotional
needs of clients.
B.
FOR THE PURPOSES OF THIS SECTION, "VULNERABLE ADULT" HAS THE SAME
MEANING PRESCRIBED IN SECTION 13-3623.
Sec. 5. Section
36-594.02, Arizona Revised Statutes, is amended to read:
START_STATUTE36-594.02. Fingerprinting
of adult developmental home
licensees and
child developmental home licensees
A person who
applies for a license for an adult developmental home or a child developmental
home, and any adult who is a member of the household or living
on the premises, shall have a valid fingerprint clearance card issued
pursuant to section 41‑1758.07. The person shall certify on forms that
are provided by the department whether the person is awaiting trial on or has
been convicted of any of the offenses listed in section 41‑1758.07,
subsections B and C in this state or similar offenses in another state or
jurisdiction." END_STATUTEEND_STATUTE
Renumber to
conform
Page 3,
strike lines 25 and 26, insert:
"3. EMPLOYEES OR AGENTS OF NON-PROFIT PROTECTION OR ADVOCACY
ORGANIZATIONS WITH TRAINING AND EXPERTISE IN MONITORING RESIDENTIAL SETTINGS
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.""
Page 1, line
2, strike "5." insert "7."
Line 3, strike
"December 31, 2018" insert "June 30, 2019"
Amend title to conform