ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	Senate: HHS DP 8-0-0-0 | 3^rd Read 29-0-1-0 House: HHS DP 9-0-0-0

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SB 1090: outpatient treatment centers; behavioral health

Sponsor:  Senator Pace, LD  25

Caucus & COW

Overview

Permits an employee of a licensed outpatient treatment center (OTC) to provide behavioral health services at a private office or clinic operated by an exempt health care provider under specified circumstances.

History

Current law defines a collaborating outpatient treatment center as a licensed OTC that has a written agreement with one or more OTCs or exempt health care providers or licensed counseling facilities that requires the collaborating outpatient treatment center to be liable and responsible pursuant to written policies for all common areas that one or more colocators use (A.R.S. § 36- 439).

A colocator is an exempt provider, a governing authority operating as an outpatient treatment center or a licensed counseling facility that is authorized to share common areas and nontreatment personnel with another colocator. Colocators at collaborating OTCs are required to: 1) designate which OTC will be the collaborating OTC and be liable and responsible for the health, safety, cleanliness and maintenance of all common areas and the supervision and training of all shared nontreatment personnel pursuant to written policies of the collaborating outpatient treatment center; 2) designate which areas are considered common areas and which personnel are designated as shared nontreatment personnel; 3) designate the associated licensed providers; and 4) ensure that medical records that are located in common areas or shared by colocators are maintained pursuant to all federal and state confidentiality laws. A colocator may have access to a patient's medical records only if the patient has consented (A.R.S. § 36-439.02).

Provisions

1. Allows an employee of a licensed OTC that provides behavioral health services to provide those services at a private office or clinic that is operated by an exempt health care provider under the following circumstances:

a) The services are provided to a patient of the exempt health care provider or the licensed OTC;

b) The licensed OTC and the exempt health care provider have a written agreement specifying all of the following:

i. The services to be provided;

ii. The responsibility for billing for the services provided;

iii. Liability for the actions of the licensed OTC's employee;

iv. The responsibility for maintenance, access to and confidentiality of medical records; and

v. That the medical records for the behavioral health services provided by the licensed OTC's employee are stored at the OTC, in addition to any provisions for maintaining and storing the medical records at other sites. (Sec. 1)

2. Directs the licensed OTC to report to the Arizona Department of Health Services (DHS) any unexpected death, self-injury or other injury of a patient under the care of its employee that occurs on the premises of an exempt healthcare provider and whether the injury required medical attention. (Sec. 1)

3. Permits DHS to report the incident to the licensing board of any health care professional involved in the incident. (Sec. 1)

4. Allows unlicensed employees of a licensed OTC to provide services at the private office or clinic of the exempt health care professional only when a licensed health care professional employed by the OTC is on-site. (Sec. 1)

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8.                   SB 1090

9. Initials EB/IR         Page 0 Caucus & COW

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