SB1218 - 532R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-591, Arizona Revised Statutes, is amended to read:

START_STATUTE36-591. Adult developmental homes; child developmental homes; licensing; notification requirements; exception; annual inspection

A. An adult developmental home or child developmental home shall be licensed pursuant to this article.

B. Group homes, except for those described in subsection E of this section, shall be licensed for health and safety by the department of health services pursuant to section 36‑132.

C. The division shall notify the department of health services of:

1. Service providers who enter into contracts with the division for group homes.

2. Any violation of health and safety standards observed during monitoring visits.

D. The department of health services shall immediately notify the division:

1. When a group home license has been denied, suspended or revoked.

2. Of any other licensing action taken on a group home by the department of health services.

3. Of substantiated complaints regarding health and safety.

E. The division shall ensure that state‑operated residential settings that are owned or leased facilities operated by the division meet the same standards as group homes unless they are certified as intermediate care facilities for persons with an intellectual disability pursuant to 42 Code of Federal Regulations section 483.400. An intermediate care facility for persons with an intellectual disability that is operated by the division or a private entity is not required to be licensed under this section if the facility is certified pursuant to 42 Code of Federal Regulations section 483.400.

F. The department shall annually visit each adult developmental home and child developmental home and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. The department shall take any action it deems necessary to carry out the duties imposed by this section, including the denial of the application for licensure and the suspension or revocation of the home's license.END_STATUTE

Sec. 2. Section 36-592, Arizona Revised Statutes, is amended to read:

START_STATUTE36-592. Adult developmental homes; child developmental homes; license applications; investigation and operation; third‑party contractors; rules; definition

A. An applicant for an adult developmental home or child developmental home license shall submit an application on a form prescribed by the department.

B. Before issuing or renewing a license to an applicant, the department shall investigate the activities and standards of care within the setting, the financial stability of the applicant, the character and training of the applicant and the adequacy of services. Before issuing or renewing a license, the department shall determine that the applicant is able to meet the emotional, physical, social, developmental, educational, cultural and intellectual needs of clients. The department by rule shall establish standards for licensure. The department shall maintain a system of independent oversight of licensing. The department may contract with third parties to perform services in connection with licensing.

C. Each license shall state in general terms the kind of setting the licensee is authorized to operate and shall prescribe the number, ages and sex of clients.

D. A licensee who holds an adult developmental home or child developmental home license shall:

1. Comply with applicable health, safety and sanitation codes or standards and document its compliance.

2. File reports as prescribed by the department.

3. Allow the department to inspect or monitor its services and facility and the facility's books and records.

4. Comply with rules adopted by the department.

5. Provide for the health, safety and welfare of the licensee's clients.

6. Allow the inspection of the developmental home at reasonable times pursuant to section 36-595.01.

E. A license expires one year from the date of issuance.

F. For each adult developmental home and child developmental home, the department shall:

1. Conduct an annual licensing home visit.

2. Monitor the settings for compliance with department rules health, safety, contractual, programmatic and quality assurance standards at least two times per year. The department shall maintain a system of independent oversight of monitoring. The department may enter into a contract with third parties to perform services in connection with monitoring.

3. Investigate a complaint within ten working days after receiving notice of the complaint, except that if there is a danger to a client, the department shall conduct the investigation immediately.

G. The department shall establish by rule minimum qualifications, responsibilities and oversight for the licensing and monitoring of developmental homes. The rules regarding minimum qualifications shall address professional judgment, conflicts of interest and training. 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. END_STATUTE

Sec. 3. Section 36-593, Arizona Revised Statutes, is amended to read:

START_STATUTE36-593. Adult developmental homes; child developmental homes; provisional licenses

A. The department may issue a provisional license to an applicant or a licensee who is seeking renewal of a regular license and who is temporarily unable to conform to standards of care established by the department if the deficiencies can be remedied within six three months.

B. A provisional license is valid for six three months and shall not be renewed.

C. The department shall not issue a provisional license if conditions exist that could endanger the health, and safety or welfare of clients residing in the setting.

D. If the department determines that the applicant or licensee meets the standards established by the department, the department shall issue a regular license. The regular license is valid for one year from the date the department issued the provisional license. END_STATUTE

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. END_STATUTE

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_STATUTE

Sec. 6. Section 36-595.01, Arizona Revised Statutes, is amended to read:

START_STATUTE36-595.01. Access to facilities

A group home or developmental home shall allow the following to inspect the facility at reasonable times:

1. Parents and guardians of facility residents.

2. Members of the developmental disabilities advisory council.

3. Members of recognized, established groups that advocate for persons with developmental disabilities.

3. Employees or agents of non-profit protection or advocacy organizations with training and expertise in monitoring residential settings for persons with developmental disabilities. END_STATUTE

Sec. 7. Effective date

This act is effective from and after June 30, 2019.