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REFERENCE TITLE: health care
institutions; education; abuse |
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State of
Arizona House of
Representatives Fifty-fourth
Legislature Second Regular
Session 2020 |
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HB 2541 |
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Introduced by Representatives Longdon: Blanc, Bolding, Butler, Cano, Chávez,
Dunn, Engel, Epstein, Espinoza, Fernandez, Friese, Gabaldón, Hernandez A,
Hernandez D, Jermaine, Lieberman, Pawlik, Peten, Rodriguez, Salman, Shah,
Sierra, Teller, Terán, Tsosie, Senators Alston, Bradley, Steele |
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 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; 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. the education and training shall include all
of the following:
1. The
signs of neglect and abuse, including sexual abuse.
2. The
responsibilities of persons to report suspected neglect or abuse pursuant to
section 46‑454, including sexual abuse.
3. Who
to contact to report the suspected neglect or abuse.
4. 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.
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, 2021, 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.