HB2059 - 541R

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

Section 1. Section 41-3803, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3803. Independent oversight committee on the mentally ill; training plan; report posting

A. The independent oversight committee on the mentally ill is established in the department of administration to promote the rights of persons who receive behavioral health services pursuant to title 36, chapters 5 and 34.

B. Each region of this state covered by a regional behavioral health authority shall have at least one independent oversight committee with the authority and responsibilities as prescribed by the department of administration pursuant to rules adopted by the department relating to behavioral health services.

C. The director of the department may establish additional committees to serve persons who receive behavioral health services or to oversee the activities of any service provider.

D. Each independent oversight committee established pursuant to this section shall consist of at least seven and not more than fifteen members appointed by the director of the department with expertise in at least one of the following areas:

1. Psychology.

2. Law.

3. Medicine.

4. Education.

5. Special education.

6. Social work.

7. Mental health.

8. Housing for the mentally ill.

9. Criminal justice.

10. Public safety.

E. Each independent oversight committee, if appropriate, shall include at least two parents of children who receive behavioral health services pursuant to title 36, chapter 34.

F. Each independent oversight committee shall include at least one member who is a current or former client of the behavioral health system.

G. Current or former providers or employees of providers that have contracted with a regional behavioral health authority may serve on an independent oversight committee but may not hold more than two positions on the committee.

H. Each independent oversight committee may hold one or more community forums annually to receive comments regarding the experiences of individuals living with serious mental illness, and their family members and caregivers, across the care continuum.

I. The department shall ensure that each regional behavioral health authority and its providers develop and implement a human rights training plan to ensure that providers are trained regarding clients' human rights and the duties of the independent oversight committees.

J. Each independent oversight committee and the department shall post a copy of the annual report that is required pursuant to section 41‑3804, subsection H on its website.

K. The independent oversight committee at the Arizona state hospital shall have oversight of civil and forensic patients hospitalized at the Arizona state hospital.

J. L. Each committee shall be organized pursuant to this section and the requirements of section 41‑3804. END_STATUTE

Sec. 2. Section 41-3804, Arizona Revised Statutes, is amended to read:

START_STATUTE41-3804. Independent oversight committees; membership; duties; client information; immunity; violation; classification

A. The director of the department of administration shall adopt rules relating to the authority and responsibility of the independent oversight committees established pursuant to this article that include the processes and procedures that each independent oversight committee and each department that is subject to oversight must follow in conducting oversight, including rules relating to the form of request and timely responses to requests for information from a department in a timely manner.

A. B. Subject to the approval of the director of the department of administration, each committee established pursuant to this article shall adopt guidelines that govern its operation, including terms of members, quorum and attendance requirements and removal of a committee member if necessary. Each committee shall adopt these guidelines by majority vote within the first three months of its formation. These guidelines shall not conflict with this article. The director of the department shall approve the guidelines unless they are inconsistent with the department's statutes, policies, procedures or rules, or if the guidelines do not promote participation by all interested members of the community that the committee serves. In addition to the procedures in the guidelines, each independent oversight committee must approve the removal of any committee member on majority vote of the committee. The director shall provide committee members the opportunity to review potential changes to rules or policies that affect the committee.

B. C. Employees of the department of economic security, the department of child safety, the Arizona health care cost containment system and the Arizona health care cost containment system administration and subject‑matter experts may serve on a committee only as nonvoting members whose presence is not counted for the purpose of determining a quorum.

C. D. Advocacy groups, local advisory councils, committee members and the director of the department of administration may submit names of candidates to fill committee vacancies. The director shall appoint a person to fill a vacancy subject to the approval of the committee.

D. E. Each committee shall meet at least quarterly each calendar year.

E. F. Each committee shall provide independent oversight to:

1. Ensure that the rights of clients are protected.

2. Review incidents of possible abuse, neglect or denial of a client's rights.

3. Conduct research in the field of mental health.

3. 4. Make recommendations to the director of any department or service provider subject to oversight under this article and to the legislature regarding laws, rules, policies, procedures and practices to ensure the protection of the rights of clients receiving behavioral health and developmental disability services.

F. G. Each committee shall submit written objections to specific problems or violations of client rights by ~~department~~ employees from the appropriate department or service providers to the director of the department of administration for review. The director shall respond, in writing, to written objections within twenty‑one days after receiving the objections.

G. H. Each committee shall issue an annual report of its activities and recommendations for changes to the director of the department of administration, the president of the senate, the speaker of the house of representatives and the chairpersons of the senate health and human services committee and the house of representatives health and human services committee, or their successor committees.

H. I. A committee may request from the department the services of a consultant or ~~department~~ employee from the appropriate department to advise it on specific issues. The consultant may be a member of another independent oversight committee, ~~a department~~ an employee from the appropriate department or a service provider. Subject to the availability of monies, the department shall assume the cost of the consultant. A consultant shall not participate in committee votes.

I. J. Subject to federal law, committee members and consultants shall have access to client information and records, including quality of care reports and, on request, case presentations, adult protective services investigation case status and outcomes, substantiations, recommendations and other quality of care findings from peer reviews or any successor report or process, including any incident reports or investigations conducted by or at the request of a department relating to any possible abuse, neglect or denial of clients' rights, maintained by the appropriate department, provider or regional behavioral health authorities to the extent necessary to conduct committee duties. Each person who receives information or records pursuant to this subsection shall maintain the information or records as confidential and sign an agreement to comply with all confidentiality requirements. Any client information or records shall be released to the committee without the designation of personally identifiable information unless the personally identifiable information is required for the official purposes of the committee. A violation of this subsection is a class 2 misdemeanor. For the purposes of this subsection, "personally identifiable information" includes a person's name, address, date of birth, social security number, tribal enrollment number, telephone or fax number, e‑mail address, social media identifier, driver license number, places of employment, school identification or military identification number or any other distinguishing characteristic that tends to identify a particular person.

K. Within its jurisdiction, each committee that has oversight RESPONSIBILITIES for clients who are seriously mentally ill shall, for a client who needs special assistance, and may, for any other client:

1. Make regular site visits to a residential environment.

2. Meet with the client, including a client who needs special assistance, in a residential environment to determine the client's satisfaction with the residential environment.

J. L. If a committee's request for information or records from ~~the~~ a department is denied, the committee may request in writing that the director of the department of administration review this decision. The director ~~or designee~~ shall conduct the review within five business days after receiving the request for review. The department shall prepare a written decision explaining the basis and reasoning for the decision and deliver it to the committee not later than eight business days after receiving the request for review. The department shall bear the costs of conducting the review. A final agency decision made pursuant to this subsection is subject to judicial review pursuant to title 12, chapter 7, article 6. The department shall not release any information or records during the period an appeal may be filed or is pending.

K. M. Confidential records and information received by the committee or its consultant are subject to the same provisions concerning subpoenas, discovery and use in legal actions as are the original records and information.

L. N. The independent oversight committees may exchange information and engage in planning and coordination activities between committee members in the performance of committee duties pursuant to this section.

M. O. The independent oversight committees may encourage public awareness and involvement in their activities by supporting committee members with affiliation agreements with postsecondary education‑sponsored internship placements pursuant to the department's approved operating procedures.

N. P. The department shall coordinate education and training programs for committee members to facilitate their role as independent oversight committee members. The department shall coordinate statewide meetings of committees at least every two years and provide staff for the committees.

O. Q. Any person who, in good faith and without malice and in connection with duties or functions of a committee established pursuant to this article, takes an action or makes a decision or recommendation as a member or agent of a committee or who furnishes records, information or assistance that is related to the duties of a committee is not subject to liability for civil damages in consequence of that action. The court shall determine the presence of malice by clear and convincing evidence.

P. R. Title 38, chapter 3, article 8, relating to conflict of interest, applies to all committee members. END_STATUTE