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REFERENCE TITLE: sober living; behavioral health; licensure |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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HB 2560 |
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Introduced by Representatives Schwiebert: Contreras P, Crews, Gutierrez, Pawlik, Quiñonez, Sandoval, Seaman, Terech; Senators Hatathlie, Sundareshan
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An Act
amending title 36, chapter 4, article 1, Arizona Revised Statutes, by adding section 36-420.05; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding section 36-2068; 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 1, Arizona Revised Statutes, is amended by adding section 36-420.05, to read:
36-420.05. Behavioral health residential facilities; legal action; licensure; change of ownership; violations; civil penalty; notice
A. The department may not act on an application for licensure or renewal of a currently licensed behavioral health residential facility while any enforcement or court action related to behavioral health residential facility licensure is pending against that behavioral health residential facility's current licensee.
B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the behavioral health residential facility is in the process of being sold or transferred to a new owner.
C. The department may not approve a change in behavioral health residential facility ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the behavioral health residential facility so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the behavioral health residential facility's daily operations or staff are responsible for and have control over the behavioral health residential facility.
D. If a behavioral health residential facility fails to attain or maintain licensure as required by this chapter and continues to operate, the department may assess a civil penalty against the owner in an amount of at least $5,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice of assessment that must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10.
Sec. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2068, to read:
36-2068. Sober living homes; legal action; licensure; change of ownership; violations; civil penalty; notice
B. The director may continue to pursue any court, administrative or enforcement action against a licensee described in subsection A of this section even though the sober living home is in the process of being sold or transferred to a new owner.
C. The department may not approve a change in sober living home ownership unless the department determines that there has been a transfer of all legal and equitable interests, control and authority in the sober living home so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the sober living home's daily operations or staff are responsible for and have control over the sober living home.
D. If a sober living home fails to attain or maintain licensure as required by this article and continues to operate, the department may assess a civil penalty against the owner in an amount of at least $5,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice of assessment that must include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10.