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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
AMENDED
nursing care; assisted living; regulation
Purpose
Establishes new protocols for the Nursing Care Institution Administration
and
Assisted Living Facility Managers Board (NCIA Board) regarding the
implementation of a
fingerprint-based national criminal background search and a birthdate-based
renewal system for licensees and certificate holders. Requires the Department
of Health Services (DHS) and the NCIA Board to establish an expedited process
for complaint referral regarding licensees and certificate holders within the NCIA
Board's jurisdiction.
Background
The NCIA Board regulates nursing care institution administrators and assisted living facility managers in Arizona. The NCIA Board duties include: 1) adopting rules for licensing and certifying qualified applicants; 2) conducting examinations to determine applicant qualification; 3) adopting application, certification and examination fees; 4) conducting investigations or administrative hearings in response to complaints; 5) prescribing standards for assisted living facility training programs; and 6) reporting to the Legislature (A.R.S. § 36-446.03).
Statute requires prospective nursing care institution administrators and
assisted living facility managers to have a fingerprint clearance card, provide
proof of application for a fingerprint clearance card or submit proof that the
applicant qualifies for a good cause exception. Licensees must maintain the
fingerprint clearance card throughout the period of licensure (A.R.S.
§§ 36-446.04
& 41-1758.01).
Laws 2021, Chapter 409 created the Nursing Care Institution and Assisted
Living Facility Study Committee (Committee) to: 1) consider whether the NCIA
Board should be administered independently, or the duties should be moved to the
DHS or another successor agency or licensing board; 2) review and discuss the
statutes related to felony disclosure; 3) discuss and research best practices
to administer licenses; 4) receive updates by the Office of the Auditor General
on NCIA Board compliance with recommendations and from the NCIA Board Director
on operational changes; 5) identify any additional efficiencies to make the NCIA
Board more responsive to the public and its licensees; and 6) review best
practices relating to investigating complaints
(Laws 2021, Ch.
409).
On November 19, 2021, the Committee met and adopted final
recommendations, including that the NCIA Board seek legislation that: 1) authorizes
the use of a national criminal background search provided by the Federal Bureau
of Investigation (FBI) for applicants; 2) creates a
birthdate-based renewal system for licensees; 3) outlines the delegation of
routine duties to the Executive Director of the NCIA Board; and 4) deems both
managers and the facility mandatory reporters (Study
Committee Final Report).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, effective January 1, 2023, each applicant for initial nursing care administrator or assisted living facility manager certification to submit a full set of fingerprints to the NCIA Board for a state and federal criminal history records check.
2. Allows the Department of Public Safety to exchange fingerprint data with the FBI.
3. Prohibits the NCIA Board from issuing a nursing care institution administrator license or an assisted living facility manager certificate to an applicant that has been convicted of a felony involving violence or financial fraud.
4. Sets the renewal date for nursing care administrator licenses and assisted living facility manager certificates at 30 days after the licensee's birthday on even-numbered years and the certificate holder's birthday on odd-numbered years, rather than the following June 30.
5. Requires, by September 1, 2022, DHS, in collaboration with the NCIA Board, to establish an expedited process for identifying and referring complaints relating to licensees and certificate holders under the jurisdiction of the NCIA Board.
6. Requires, by October 1, 2022, DHS to provide a report to the Chairpersons of the Health and Human Services Committees of the Senate and House of Representatives outlining the expedited complaint process, including the time frames from receipt of a complaint to referral to the NCIA Board.
7. Defines felony involving violence or financial fraud.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole:
· Defines felony involving violence or financial fraud.
Senate Action:
HHS 2/2/22 DP 8-0-0
Prepared by Senate Research
February 10, 2022
MM/CC/sr