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REFERENCE TITLE: health care institutions; education; abuse |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2665 |
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Introduced by Representatives Longdon: Andrade, Blanc, Bowers, Butler, Cano, Chávez, Dunn, Engel, Epstein, Espinoza, Fernandez, Hernandez A, Hernandez D, Jermaine, Lieberman, Meza, Osborne, Pawlik, Rivero, Rodriguez, Salman, Shah, Sierra, Teller, Terán, Toma, Tsosie, Udall, Senators Alston, Carter, Gonzales
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AN ACT
Amending Title 36, chapter 4, Arizona Revised Statutes, by adding article 12; relating to vulnerable adults.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. EDUCATION TO IDENTIFY ABUSE AND NEGLECT
36-450.11. Definitions
In this article, unless the context otherwise requires:
1. "abuse" has the same meaning prescribed in section 46‑451.
2. "Group home" has the same meaning prescribed in section 36‑551.
3. "Neglect" has the same meaning prescribed in section 46‑451.
4. "Retaliatory action" means the termination of or any other adverse action against a person's employment taken by a health care institution, group home or intermediate care facility because the person has reported suspected neglect or abuse pursuant to section 46‑454.
5. "Vulnerable adult" has the same meaning prescribed in section 46‑451.
36-450.12. Education and training curriculum; identification of neglect and abuse; reporting requirements
A. The department of health services and the department of economic security shall jointly develop a curriculum to educate and train all persons who are employed in a capacity of caring for vulnerable adults on the signs of neglect and abuse, including sexual abuse, the responsibilities of persons to report suspected neglect or abuse pursuant to section 46‑454, including sexual abuse, and who to contact to report the suspected neglect or abuse. the education and training shall include a component that can be provided to families of vulnerable adults.
B. When developing the curriculum required by subsection A of this section, the departments shall consult with all of the following:
1. The developmental disabilities planning council.
2. A statewide coalition that advocates to increase public awareness about issues of sexual and domestic violence and to end sexual and domestic violence in this state's communities.
3. A statewide nonprofit organization that represents persons who are fifty years of age or older and whose mission is to enhance the quality of life for persons as they age.
4. A statewide association of developmental disabilities providers.
5. A statewide association of entities that provide direct services to persons with intellectual and developmental disabilities.
36-450.13. Mandatory education and training; requirements; nonretaliation policies; presumption
A. Beginning January 1, 2020, each health care institution licensed pursuant to this chapter, each group home and each intermediate care facility for individuals with intellectual disabilities shall provide mandatory education and training using the curriculum developed pursuant to section 36‑450.12 to each person working in the health care institution, group home or intermediate care facility that provides care to vulnerable adults. The person shall complete the education and training before beginning employment and shall update the education and training annually. the education and training shall include information regarding each institution's, group home's or facility's nonretaliation policy and the location where the reporting process and contact information is posted.
B. EAch health care institution, group home and intermediate care facility shall:
1. Post in a conspicuous place accessible to all employees information regarding how to report suspected neglect or abuse, including sexual abuse, of a vulnerable adult.
2. Adopt a policy that prohibits retaliatory action against a person who in good faith reports suspected neglect or abuse pursuant to section 46‑454.
C. there is a rebuttable presumption that any termination or other adverse action that occurs more than one hundred eighty days after the date a person reports suspected neglect or abuse pursuant to section 46‑454 is not a retaliatory action.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.