Chapter 0015 - 552R - S Ver of SB1242

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

Section 1. Section 36-446, Arizona Revised Statutes, is amended to read:

START_STATUTE36-446. 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. "Felony involving violence or financial fraud" means any of the following offenses:

(a) Sexual abuse of a vulnerable adult.

(b) Homicide, including first or second degree murder, manslaughter or negligent homicide.

(d) Sexual exploitation of a vulnerable adult.

(e) Commercial sexual exploitation of a vulnerable adult.

(f) Child abuse.

(g) Abuse of a vulnerable adult.

(h) Molestation of a child.

(i) Molestation of a vulnerable adult.

(j) A dangerous crime against children as defined in section 13-705.

(k) Neglect or abuse of a vulnerable adult.

(l) Sexual abuse.

(m) Causing one's spouse to become a prostitute.

(n) Detention of persons in a house of prostitution for debt.

(o) Pandering.

(p) A felony offense involving domestic violence as defined in section 13-3601 except for a felony offense involving only criminal damage in an amount of more than $250 but less than $1,000 if the offense was committed before June 29, 2009.

(q) Any felony offense in violation of title 13, chapter 12.

(r) Felony indecent exposure.

(s) Felony public sexual indecency.

(t) Terrorism.

(u) Any offense involving a violent crime as defined in section 13-901.03.

(v) Aggravated criminal damage.

(w) Theft.

(x) Theft by extortion.

(y) Forgery.

(z) Criminal possession of a forgery device.

(aa) Obtaining a signature by deception.

(bb) Theft of a credit card or obtaining a credit card by fraudulent means.

(cc) Receipt of anything of value obtained by fraudulent use of a credit card.

(dd) Forgery of a credit card.

(ee) Fraudulent use of a credit card.

(ff) Possession of any machinery, plate or other contrivance or incomplete credit card.

(gg) A false statement as to financial condition or identity to obtain a credit card.

(hh) Fraud by persons authorized to provide goods or services.

(ii) Credit card transaction record theft.

(jj) Adding poison or another harmful substance to food, drink or medicine.

(kk) A criminal offense involving criminal trespass under title 13, chapter 15.

(ll) A criminal offense involving burglary under title 13, chapter 15.

(mm) A criminal offense under title 13, chapter 23, except terrorism.

(nn) A felony offense involving domestic violence as defined in section 13-3601 if the offense involved only criminal damage in an amount of more than $250 but less than $1,000 and the offense was committed before June 29, 2009.

(oo) Taking the identity of another person or entity.

(pp) Aggravated taking the identity of another person or entity.

(qq) Trafficking in the identity of another person or entity.

(rr) Welfare fraud.

(ss) Kidnapping.

(tt) Robbery, aggravated robbery or armed robbery.

9. 10. "Nursing care institution":

(a) Means an institution or other place, however named, whether for profit or not, including facilities operated by this state or a subdivision of 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. 11. "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.

Sec. 2. Section 36-446.03, Arizona Revised Statutes, is amended to read:

START_STATUTE36-446.03. Powers and duties of the board; rules; fees; fingerprinting

A. The board may adopt, amend or repeal reasonable and necessary rules and standards for the administration of this article in compliance with title XIX of the social security act, as amended.

B. The board by rule may adopt nonrefundable fees for the following:

1. Initial application for certification as an assisted living facility manager.

2. Examination for certification as an assisted living facility manager.

3. Issuance of a certificate as an assisted living facility manager, prorated monthly.

4. Biennial renewal of a certificate as an assisted living facility manager.

5. Issuance of a temporary certificate as an assisted living facility manager.

6. Readministering an examination for certification as an assisted living facility manager.

7. Issuance of a duplicate certificate as an assisted living facility manager.

8. Reviewing the sponsorship of continuing education programs, for each credit hour.

9. Late renewal of an assisted living facility manager certificate.

10. Reviewing an individual's request for continuing education credit hours, for each credit hour.

11. Reviewing initial applications for assisted living facility training programs.

12. Annual renewal of approved assisted living facility training programs.

C. The board may elect officers it deems necessary.

D. The board shall apply appropriate techniques, including examinations and investigations, to determine whether a person meets the qualifications prescribed in section 36-446.04.

E. Beginning January 1, 2023, in addition to the requirements prescribed in section 36-446.04, the board shall require each applicant for initial nursing care institution administrator or assisted living facility manager certification to submit a full set of fingerprints to the board for a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

E. F. On its own motion or in response to any complaint against or report of a violation by an administrator of a nursing care institution, or a manager of an assisted living facility, the board may conduct investigations, hearings and other proceedings concerning any violation of this article or of rules adopted by the board or by the department.

F. G. In connection with an investigation or administrative hearing, the board may administer oaths and affirmations, subpoena witnesses, take evidence and require by subpoena the production of documents, records or other information in any form concerning matters the board deems relevant to the investigation or hearing. If any subpoena issued by the board is disobeyed, the board may invoke the aid of any court in this state in requiring the attendance and testimony of witnesses and the production of evidence.

G. H. Subject to title 41, chapter 4, article 4, the board may employ persons to provide investigative, professional and clerical assistance as required to perform its powers and duties under this article. Compensation for board employees shall be as determined pursuant to section 38-611. The board may contract with other state or federal agencies as required to carry out this article.

H. I. The board may appoint review committees to make recommendations concerning enforcement matters and the administration of this article.

I. J. The board by rule may establish a program to monitor licensees and certificate holders who are chemically dependent and who enroll in rehabilitation programs that meet board requirements. The board may take disciplinary action if a licensee or a certificate holder refuses to enter into an agreement to enroll in and complete a board-approved rehabilitation program or fails to abide by that agreement.

J. K. The board shall adopt and use an official seal.

K. L. The board shall adopt rules for the examination and licensure of nursing care institution administrators and the examination and certification of assisted living facility managers.

L. M. The board shall adopt rules governing payment to a person for the direct or indirect solicitation or procurement of assisted living facility patronage.

M. N. The board must provide the senate and the house of representatives health committee chairmen with copies of all board minutes and executive decisions.

N. O. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section.

O. P. The board by rule shall prescribe standards for assisted living facility training programs. On or before June 1, 2020, The board shall prescribe rules for assisted living facility caregivers that are 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.

P. Q. The board may:

1. Grant, deny, suspend or revoke approval of, or place on probation, an assisted living facility training program.

2. Impose a civil penalty on an assisted living facility training program that violates this chapter or rules adopted pursuant to this chapter. END_STATUTE

Sec. 3. Section 36-446.04, Arizona Revised Statutes, is amended to read:

START_STATUTE36-446.04. Qualifications; period of validity; exemption

A. The board shall issue a license as a nursing care institution administrator pursuant to its rules to any person who meets the following qualifications:

1. Is of good character.

2. Has satisfactorily completed a course of instruction and training approved by the board that:

(a) Is designed and sufficiently administered to give the applicant knowledge of the proper needs to be served by nursing care institutions.

(b) Includes a thorough background in the laws and rules governing the operation of nursing care institutions and the protection of the interests of the patients in nursing care institutions.

3. Has passed an examination administered by the board designed to test for competency in the subject matter referred to in this subsection.

4. Has met one of the following fingerprinting requirements:

(a) Has a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and has not been convicted of any felony involving violence or financial fraud.

(b) Has provided proof of the submission of an application for a fingerprint clearance card. An applicant who has been denied a fingerprint clearance card must also provide proof that the applicant qualifies for a good cause exception hearing pursuant to section 41-619.55 and has not been convicted of any felony involving violence or financial fraud.

B. A person who is licensed pursuant to this section must maintain a valid fingerprint clearance card during the valid period of the person's license.

C. The board shall issue a certificate as an assisted living facility manager pursuant to its rules to a person who meets the following qualifications:

1. Is of good character.

2. Has satisfactorily completed a course of instruction and training approved by the board that:

(a) Is designed and sufficiently administered to give the applicant knowledge of the proper needs to be served by an assisted living facility.

(b) Includes a thorough background in the laws governing the operation of assisted living facilities and the protection of the interests of the patients in assisted living facilities.

3. Has passed an examination administered by the board that is designed to test for competency in the subject matter prescribed in this subsection.

4. Provides documentation satisfactory to the board that the applicant has completed two thousand eighty hours of paid work experience in a health related field within the preceding five years as prescribed by board rule.

5. Has met one of the following fingerprinting requirements:

(a) Has a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and has not been convicted of any felony involving violence or financial fraud.

D. Notwithstanding any other provision of this article, beginning July 1, 2021, all new licenses and certifications issued by the board must be approved by both the board and the department of health services.

E. A person who is certified pursuant to this section must maintain a valid fingerprint clearance card during the valid period of the person's certificate.

F. In lieu of the requirements contained in subsection A, paragraph 2 or subsection C, paragraph 2 of this section, an applicant may present satisfactory evidence to the board of sufficient education and training in the areas listed in that the respective paragraph.

G. A license is nontransferable and remains in effect until the following June 30 thirty days after the licensee's birthday of an even numbered even-numbered year, at which time the license may be renewed if the licensee otherwise complies with this article and unless the license has not been surrendered, suspended or revoked.

H. A certificate is nontransferable and remains in effect until the following June 30 thirty days after the certificate holder's birthday of an odd numbered odd-numbered year, at which time the certificate may be renewed if the certificate holder otherwise complies with this article and the certificate has not been surrendered, suspended or revoked.

I. This section does not apply to managers of adult foster care homes as defined in section 36-401. END_STATUTE

Sec. 4. Department of health services; board of examiners of nursing care administrators and assisted living facility managers; complaint referral process; report

A. On or before September 1, 2022, the department of health services in collaboration with the board of examiners of nursing care administrators and assisted living facility managers shall establish and implement an expedited process for identifying and referring complaints relating to licensees and certificate holders who are under the jurisdiction of the board of examiners of nursing care administrators and assisted living facility managers.

B. On or before October 1, 2022, the department of health services shall provide a report to the chairpersons of the health and human services committees of the senate and the house of representatives outlining the expedited process, including the time frames from receipt of a complaint to referral to the board of examiners of nursing care administrators and assisted living facility managers.