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Senate Engrossed |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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CHAPTER 73
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SENATE BILL 1210 |
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AN ACT
Amending section 36‑446, Arizona Revised Statutes; amending title 36, chapter 4, article 6, Arizona Revised Statutes, by adding section 36‑446.16; relating to Assisted living facilities.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-446, Arizona Revised Statutes, is amended to read:
36-446. Definitions
In this article, unless the context otherwise requires:
1. "Administrator" or "nursing care institution administrator" means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.
2. "Assisted living facility" has the same meaning prescribed in section 36‑401.
3. "Assisted living facility manager" means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.
4. "Assisted living facility training program" includes:
(a) Training that is required for assisted living facility manager certification.
(b) Training that is required for assisted living facility caregivers and that is either:
(i) Consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in‑home direct care workers.
(ii) As prescribed in section 36‑446.16.
5. "Board" means the board of examiners of nursing care institution administrators and assisted living facility managers.
6. "Department" means the department of health services.
7. "Directed care services" has the same meaning prescribed in section 36‑401.
8. "Director" means the director of the department of health services.
9. "Nursing care institution":
(a) Means an institution or other place, however named, whether for profit or not, including facilities operated by the this state or a subdivision of the this state, that is advertised, offered, maintained or operated for the express or implied purpose of providing care to persons who need nursing services on a continuing basis but who do not require hospital care or care under the daily direction of a physician.
(b) Does not include:
(i) An institution for the care and treatment of the sick that is operated only for those who rely solely on treatment by prayer or spiritual means in accordance with the tenets of a recognized religious denomination.
(ii) Nursing care services that are an integral part of a hospital licensed pursuant to this chapter.
10. "Unprofessional conduct" includes:
(a) Dishonesty, fraud, incompetency or gross negligence in performing administrative duties.
(b) Gross immorality or proselytizing religious views on patients without their consent.
(c) Other abuses of official responsibilities, which may include intimidating or neglecting patients.
Sec. 2. Title 36, chapter 4, article 6, Arizona Revised Statutes, is amended by adding section 36-446.16, to read:
36-446.16. Assisted living facility caregivers; training requirements; board standards; definition
A. Except as provided in section 36‑446.15, an individual shall successfully complete either of the following requirements for certification as an assisted living facility caregiver:
1. Both of the following:
(a) Sixty‑two hours of on‑the‑job training under the direct supervision of any of the following health professionals:
(i) A physician who is licensed pursuant to title 32, chapter 13 or 17.
(ii) A registered nurse practitioner, registered nurse or licensed practical nurse who is licensed pursuant to title 32, chapter 15.
(iii) A pharmacist who is licensed pursuant to title 32, chapter 18.
(iv) A physician assistant who is licensed pursuant to title 32, chapter 25.
(v) A certified assisted living facility manager with at least five years of experience. Only thirty‑one of the sixty‑two hours of on‑the‑job training may be under the direct supervision of a certified assisted living facility manager.
(b) Pass the board‑required examination with A SCORE OF at least seventy‑five percent.
2. The board's required curriculum and examination for assisted living facility caregiver certification.
B. The board shall prescribe standards by rule for the on‑the‑job training prescribed in subsection A, paragraph 1, subdivision (a) of this section.
c. For the purposes of this section, "direct supervision" means the on‑site, in‑view observation and guidance of a caregiver who is in training by the supervising health professional.
APPROVED BY THE GOVERNOR JUNE 5, 2020.
FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 5, 2020.