Second Regular Session S.B. 1465
COMMITTEE ON HEALTH AND HUMAN SERVICES
SENATE AMENDMENTS TO S.B. 1465
(Reference to printed bill)
Page 1, line 24, strike "operating or"
Line 25, strike "maintaining a" insert "operating or maintaining a"; strike "sober living home," insert "sober living home,"
Between lines 42 and 43, insert:
"Sec. 2. Section 9-500.40, Arizona Revised Statutes, as amended by Laws 2018, first special session, chapter 1, section 1, is amended to read:
9-500.40. Sober living homes; standards; definitions
A. A city or town may adopt by ordinance standards for structured sober living homes that comply with state and federal fair housing laws and the Americans with disabilities act. If adopted, the standards for structured sober living homes may include:
1. A written notification from all structured sober living homes that includes:
(a) The name and address of the structured sober living home.
(b) The following information regarding the property:
(i) The property owner's name, address and contact telephone number.
(ii) If the property is leased, a copy of the lease that states that the property will be used as a structured sober living home.
2. Supervision requirements in the structured sober living home for the residents during all hours of operation.
3. The establishment and maintenance of an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances.
B. A city or town that adopts standards for structured sober living homes pursuant to subsection A of this section:
1. Shall require structured sober living homes to develop policies and procedures to allow individuals on medication-assisted treatment to continue to receive this treatment while living in the structured sober living home.
2. May exclude from regulation any structured sober living home that is subject to adequate oversight by another governmental entity or contractor.
C. For the purposes of this section:
1. "Medication‑assisted treatment" has the same meaning prescribed in section 32‑3201.01.
2. "Structured Sober living home" :
(a) means any premises, place or building that provides alcohol‑free or drug‑free housing, and that:
(a) Promotes independent living and life skill development. and provides structured
(b) May provide activities that are directed primarily toward recovery from substance use disorders. in
(c) Provides a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home substance use disorders.
(b) Does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.
(d) Does not provide any medical or clinical services or medication administration on‑site, except for verification of abstinence."
Renumber to conform
Page 1, line 43, after "2." insert "Delayed"
Page 1, line 44, after the second comma insert "as amended by this act,"; after "repealed" insert "from and after December 31, 2020"
Page 2, lines 24, strike "operating or"
Line 25, strike "maintaining a" insert "operating or maintaining a"; strike "sober living home," insert "sober living home,"
Between lines 42 and 43, insert:
"Sec. 5. Section 11-269.18, Arizona Revised Statutes, as amended by Laws 2018, first special session, chapter 1, section 3, is amended to read:
11-269.18. Sober living homes; standards; definitions
A. A county may adopt by ordinance standards for structured sober living homes that comply with state and federal fair housing laws and the Americans with disabilities act. If adopted, the standards for structured sober living homes may include:
1. A written notification from all structured sober living homes that includes:
(a) The name and address of the structured sober living home.
(b) The following information regarding the property:
(i) The property owner's name, address and contact telephone number.
(ii) If the property is leased, a copy of the lease that states that the property will be used as a structured sober living home.
2. Supervision requirements in the structured sober living home for the residents during all hours of operation.
3. The establishment and maintenance of an operation plan that facilitates the rehabilitative process, including discharge planning, and that addresses the maintenance of the property and noise abatement consistent with local ordinances.
B. A county that adopts standards for structured sober living homes pursuant to subsection A of this section:
1. Shall require structured sober living homes to develop policies and procedures to allow individuals on medication-assisted treatment to continue to receive this treatment while living in the structured sober living home.
2. May exclude from regulation any structured sober living home that is subject to adequate oversight by another governmental entity or contractor.
C. For the purposes of this section:
1. "Medication‑assisted treatment" has the same meaning prescribed in section 32‑3201.01.
2. "Structured Sober living home" :
(a) means any premises, place or building that provides alcohol‑free or drug‑free housing, and that:
(a) Promotes independent living and life skill development. and provides structured
(b) May provide activities that are directed primarily toward recovery from substance use disorders. in
(c) Provides a supervised setting to a group of unrelated individuals who are recovering from drug or alcohol addiction and who are receiving outpatient behavioral health services for substance abuse or addiction treatment while living in the home substance use disorders.
(b) Does not include a private residence in which a related family member is required to receive outpatient behavioral health services for substance abuse or addiction treatment as a condition of continuing to reside in the family dwelling.
(d) Does not provide any medical or clinical services or medication administration on‑site, except for verification of abstinence."
Renumber to conform
Page 2, line 43, after "4." insert "Delayed"
Line 44, after the second comma insert "as amended by this act,"; after "repealed" insert "from and after December 31, 2020"
Page 3, strike lines 6 through 9, insert:
"1. "Certifying organization" means an organization that certifies homes as sober living homes and is affiliated with a national organization"
Renumber to conform
Page 3, line 26, strike "urinalysis testing" insert "verification of abstinence"
Line 27, strike "Certification;" insert "Licensure"
Strike lines 29 through 41, insert:
"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:"
Reletter to conform
Page 4, line 12, strike "diagnoses" insert "medical conditions"
Strike lines 19 and 20
Renumber to conform
Strike lines 24 through 37
Renumber to conform
Page 5, line 13, after "C." strike remainder of line
Line 14, strike "this article."; strike "certification" insert "licensure"
Line 16, strike "certification" insert "licensure"
Line 17, strike "and has not been certified under this article"
Line 19, strike "certification" insert "licensure"
Line 21, after the period strike remainder of line
Strike line 22
Line 23, strike "or certified"
Line 25, strike "as an extension of" insert "on the same campus as"
Line 26, strike "certification" insert "licensure"
Strike lines 28 through 38, insert:
"E. 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, directory listing or otherwise 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 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."
Page 5, line 39, strike "certification" insert "licensure"
Line 40, after the semicolon insert "civil penalty;"
Line 41, after "department" strike remainder of line
Line 42, strike "organization,"; strike "certification,"
Line 43, strike "certification" insert "licensure and license"; after "and" strike remainder of line
Strike lines 44 and 45
Page 6, strike lines 1 through 4, insert "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 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 take action authorized by this article. 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 license.
C. The director may impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than five hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. The director may 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."
Reletter to conform
Page 6, line 6, strike "certified" insert "licensed"
Line 7, strike "certification." insert "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.
36-2064. Certified sober living homes
A. Notwithstanding any other provision of this article, a sober living home in this state that is certified by a certifying organization may operate in this state and receive referrals pursuant to section 36‑2065. A sober living home certification is in lieu of licensure until two years after the department has notified the certifying agency that licensure under this article has been implemented.
B. In lieu of an initial on-site licensure survey and any annual on‑site survey, the department shall issue a license to a sober living home that submits an application prescribed by the department and that meets the following requirements:
1. Is currently certified as a sober living home by a certifying organization.
2. Meets all department licensure requirements."
Page 6, line 8, strike "36‑2064" insert "36‑2065"
Line 9, strike "2020" insert "2019"
Lines 11 and 13, after "certified" insert "or licensed"
Line 14, after "services" insert "in this state"
Line 15, after "whose" insert "substance abuse"
Lines 16 and 18, after "certified" insert "or licensed"
Line 20, strike "treatment facility" insert "health care institution that provides substance abuse treatment and"; strike "or certified"
Line 21, after "certified" insert "or licensed"
Between lines 22 and 23, insert:
"6. A behavioral health provider who is licensed pursuant to title 32, chapter 33 shall refer a patient or client only to a certified or licensed sober living home."
Strike line 23, insert "36‑2066."
Line 24, strike "records;"
Strike lines 25 through 31
Line 32, strike "b."
Line 33, after "certified" insert "and licensed"
Line 35, after "certified" insert "or licensed"
Line 37, strike "36‑2066. Outcome data reporting to" insert "36‑2067."
Strike lines 38 through 44
Page 7, strike lines 1 through 4
Reletter to conform
Line 5, strike "2019" insert "2020"
Lines 8, 10, 12, 13 and 16, strike "certified" insert "licensed"
Line 18, strike "B" insert "A"
After line 18, insert:
"Sec. 8. Department of health services; rulemaking; exemption
For the purposes of title 36, chapter 18, article 4, Arizona Revised Statutes, as added by this act, the department of health services is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes, for two years after the effective date of this act."
Amend title to conform