ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session
	House: HHS DPA 9-0-0-0 | 3^rd Read 54-2-4-0 Senate: HHS DPA 6-0-2-0 | 3^rd Read 25-1-4-0

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HB 2049: fingerprint requirements; care facilities

Sponsor: Representative Wilmeth, LD 15

Senate Engrossed

Overview

Directs volunteers or contractors of residential care institutions, nursing care institutions or home health agencies providing specified services to have a valid fingerprint clearance card or apply for a fingerprint clearance card within 20 working days.

History

As a condition of employment, licensure or continued licensure of a residential care institution, nursing care institution or home health agency, contractors or volunteers providing medical services, nursing services, behavioral health services, health-related services, home health services or supportive services must obtain a valid fingerprint clearance card within 20 working days of employment or volunteering.

An employee or contractor may not continue to provide these services if they have been denied a fingerprint clearance card. They are exempt from the fingerprinting requirements if they have applied for a good cause exception and have not received a decision for providing services while under the direct supervision of an owner or employee who has a valid fingerprint clearance card (A.R.S. § 36-411).

Provisions

1. Clarifies that volunteers or contracted persons of residential care institutions, nursing care institutions or home health agencies providing certain services must have a valid fingerprint clearance card or apply for a fingerprint clearance card within 20 working days of volunteer or contracted work. (Sec. 1)

2. Prohibits a volunteer from continuing to provide specified services if their fingerprint clearance card has been suspended or revoked. (Sec. 1)

3. States than an employee, volunteer or contractor of a residential care institution, nursing care institution or home health agency that is eligible for a good cause exception and provides documentation of applying for it but has not received a decision is exempt from fingerprinting requirements if they provide certain services while under direct supervision. (Sec. 1)

4. Removes the following requirements:

a) That an owner or employee of a residential care institution, nursing care institution or home health agency that has a valid fingerprint clearance card must provide direct supervision of a volunteer providing services to residents or patients, unless the volunteer has a valid fingerprint clearance card;

b) That employees of residential care institutions, nursing care institutions or home health agencies are not required to meet the fingerprint and criminal records check requirements again when ownership of the facility changes due to sale, lease or operation of law; and

c) A person who has received approval before May 7, 2001 and remains employed by the same employer is not required to apply for a fingerprint clearance card. (Sec. 1)

5. Redefines support services as direct support services. (Sec. 1)

6. Makes technical and conforming changes. (Sec. 1)

Senate Amendments

1. Reinserts the requirement that an owner or employee of a residential care institution, nursing care institution or home health agency who has a fingerprint clearance card must provide direct supervision of a volunteer providing services to residents or patients, unless the volunteer has a valid fingerprint clearance card.

2. Removes the restriction that prohibits volunteers from continuing to provide services if they have been denied a fingerprint clearance card or have had their card suspended or revoked.

3. Makes technical changes.

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                        HB 2049

Initials AG       Page 0 Senate Engrossed

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