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REFERENCE TITLE: behavioral health treatment facilities; notification |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1661 |
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Introduced by Senators Hatathlie: Alston, Miranda; Representative Schwiebert
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An Act
amending title 36, chapter 4, article 2, Arizona Revised Statutes, by adding section 36-425.09; relating to health care institutions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 36-425.09, to read:
36-425.09. Behavioral health residential facilities; admittance; notification; sobriety; violations; assessments
A. When a patient is admitted for initial evaluation, a behavioral health residential facility shall notify the patient's family or next of kin as promptly as possible. The notification shall be documented in the patient's medical record.
B. A person may not be transported to a behavioral health residential facility by representatives of the facility unless the person is sober or is referred by an approved provider of a tribal health care program.
C. Notwithstanding section 36-431.01, a behavioral health residential facility that fails to comply with the requirements of this section is subject to an assessment in an amount equal to, at a minimum, the following:
1. For a first violation, $750.
2. For a second violation, $1,000.
3. For a third violation, a thirty-day license suspension.
D. Each day that a violation occurs constitutes a separate violation.
E. The director may issue a notice of assessment that includes the proposed amount of the assessment pursuant to subsection C of this section. A behavioral health residential facility may appeal the assessment or any action against the behavioral health residential facility's license by requesting a hearing pursuant to title 41, chapter 6, article 10. If an assessment or action against a license is appealed, the director may not take any further action pursuant to this subsection until after the hearing.