State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2324: community health workers; voluntary certification

PRIME SPONSOR: Representative Carter, LD 15

BILL STATUS: Health

 

Legend: ADHS – Arizona Department of Health Services CHW – Community Health Worker COR – Committee of Reference Director – Director of ADHS Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to certification and community health workers.

Provisions

Scope of Practice

1.       Outlines the scope of practice for a CHW as providing:

a.       Cultural mediation among specified groups;

b.       Appropriate health information and education;

c.        Care coordination, case management and system navigation;

d.       Coaching and social support;

e.       Advocacy for communities and individuals;

f.         Building community and individual capacity;

g.       Appropriate direct services;

h.       Implementation of environmental analyses and community needs assessments;

i.         Outreach; and

j.         Evaluation and research. (Sec. 1)

Certification

2.       Allows a CHW to be voluntarily certified by ADHS if statutory requirements are met. (Sec. 1)

3.       Requires the Director to certificate a CHW if all qualifications are met. (Sec. 1)

4.       States that a certificate is valid for two years and may be renewed every two years if the CHW applies to ADHS and pays a fee.

a.       Renewal applications must be filed at least 30 days, but no more than 60 days, prior to the expiration of a current license. (Sec. 1)

5.       Requires the Director to adopt rules which:

a.       Prescribe core competencies;

b.       Outline minimum qualifications;

c.        Provide standards and requirements for the approval of continuing education and programs for certificate renewal.

d.       Establish qualifications for a CHW trainer; and

e.       Provide criteria for certificate denial, suspension or revocation. (Sec. 1)

6.       Permits the Director to adopt rules regarding:

a.       Administration and enforcement; and

b.       Reciprocity agreements. (Sec. 1)

Enforcement

7.       Allows the Director to deny, suspend or revoke a certificate if a CHW:

a.       Violates rule or statute;

b.       Has been convicted of a felony or misdemeanor; or

c.        Engages in detrimental behavior. (Sec. 1)

8.       Permits the Director to deny a certificate without holding a hearing.

a.       A CHW applicant may appeal the Director's actions with the Office of Administrative Hearings. (Sec. 1)

9.       Requires the Director to conduct a suspension or revocation hearing in accordance with statute. (Sec. 1)

10.   States that if grounds for suspension or revocation exist, the Director may suspend or revoke a certificate for any amount of time or permanently.

a.       Suspension or revocation actions are appealable. (Sec. 1)

11.   Permits the Director to assess a civil penalty up to $100 for each violation of rule or statute.

a.       Specifies that each day without fixing the problem is a separate offense. (Sec. 1)

12.   Asserts that an enforcement action can be brought by the Attorney General or a County Attorney. (Sec. 1)

13.   Allows the Director to seek an injunction from the Superior Court to stop an individual from violating rule or statute. (Sec. 1)

14.   Requires the Superior Court to issue a restraining order or temporary or permanent injunction without bond. (Sec. 1)

15.   Requires enforcement actions and injunctions to be filed with the Superior Court or appropriate County Attorney. (Sec. 1)

16.   Permits the Director to;

a.       Investigate information concerning a possible investigation;

b.       Examine and copy evidence;

c.        Issue subpoenas regarding testimony and document discovery; and

d.       Petition the Superior Court to help with subpoena compliance. (Sec. 1)

17.   States that patient's records and documents regarding patient examinations are not public records.

a.       The Director must keep patient's names confidential. (Sec. 1)

18.   Prescribes a Class 6 Felony (1 year, up to $150,000 plus surcharges) for fraudulently:

a.       Obtaining a certificate; and

b.       Claiming to be a certified CHW. (Sec. 1)

Miscellaneous

19.   Requires the Director to establish certification fees by rule. (Sec. 1)

20.   Permits the Director to accept gifts, grants or donations to help cover the costs of CHW certification. (Sec. 1)

21.   Prohibits a non-certified individual from representing themselves as a certified CHW. (Sec. 1)

22.   Asserts that a CHW is not required to be certified by ADHS to work as a CHW. (Sec. 1) 

23.   Establishes the nine-member Advisory Council and outlines its makeup. (Sec. 2)

24.   Requires the Advisory Council to make recommendations about:

a.       Core competencies;

b.       Education and training qualifications;

c.        Education and training program standards and requirements;

d.       Criteria for continuing education;

e.       Standards for educators;

f.         Metrics to measure CHW competency for certification; and

g.       Any of the Director's requests. (Sec. 2)

25.   Repeals the Advisory Council on January 1, 2023. (Sec. 2)

26.   Defines terms. (Sec. 1)

 

Additional Information

The Arizona Community Health Workers Association submitted a sunrise application for consideration by the Senate Health and Human Services and House Health COR. The COR met on November 27, 2017 and approved the application.

 

 

 

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Fifty-third Legislature                  HB 2324

Second Regular Session                               Version 1: Health

 

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