Second Regular Session H.B. 2764
PROPOSED
SENATE AMENDMENTS TO H.B. 2764
(Reference to House engrossed bill)
Page 3, between lines 18 and 19, insert:
"Sec. 3. Section 36-411, Arizona Revised Statutes, is amended to read:
36-411. Residential care institutions; nursing care institutions; home health agencies; fingerprinting requirements; exemptions; definitions
A. Except as provided in subsection F of this section, as a condition of licensure or continued licensure of a residential care institution, a nursing care institution or a home health agency and as a condition of employment in a residential care institution, a nursing care institution or a home health agency, employees and owners of residential care institutions, nursing care institutions or home health agencies, contracted persons of residential care institutions, nursing care institutions or home health agencies or volunteers of residential care institutions, nursing care institutions or home health agencies who provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services and who have not been subject to the fingerprinting requirements of a health professional's regulatory board pursuant to title 32 shall have a valid fingerprint clearance cards card that are is issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days of after employment or beginning volunteer work or contracted work.
B. A health professional who has complied with the fingerprinting requirements of the health professional's regulatory board as a condition of licensure or certification pursuant to title 32 is not required to submit an additional set of fingerprints to the department of public safety pursuant to this section.
C. Owners shall make documented, good faith efforts to:
1. Contact previous employers to obtain information or recommendations that may be relevant to a person's fitness to work in a residential care institution, nursing care institution or home health agency.
2. Verify the current status of a person's fingerprint clearance card.
3. Beginning January 1, 2025, verify that an employee or potential employee is not on the adult protective services registry pursuant to section 46-459. If an employee is found to be on the adult protective services registry, the owner shall take action to terminate the employment of that employee. If a potential employee is found to be on the adult protective services registry, the owner may not hire the potential employee.
D. An employee, an owner, a contracted person or a volunteer or a facility on behalf of the employee, the owner, the contracted person or the volunteer shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins work or volunteer service.
E. Except as provided in subsection F of this section, a residential care institution, nursing care institution or home health agency shall not allow an employee to continue employment or a volunteer or contracted person to continue to provide medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, has been denied approval pursuant to this section before May 7, 2001 or has had a fingerprint clearance card suspended or revoked.
F. An employee, volunteer or contractor of a residential care institution, nursing care institution or home health agency who is eligible pursuant to section 41-1758.07, subsection C to petition the board of fingerprinting for a good cause exception and who provides documentation of having applied for a good cause exception pursuant to section 41-619.55 but who has not yet received a decision is exempt from the fingerprinting requirements of this section if the person provides medical services, nursing services, behavioral health services, health-related services, home health services or direct supportive services to residents or patients while under the direct visual supervision of an owner or employee who has a valid fingerprint clearance card.
G. If a person's employment record contains a six-month or longer time frame during which the person was not employed by any employer, a completed application with a new set of fingerprints shall be submitted to the department of public safety.
H. For the purposes of this section:
1. "Direct supportive services":
(a) Means services other than home health services that provide direct individual care and that are not provided in a common area of a health care institution, including:
(i) Assistance with ambulating, bathing, toileting, grooming, eating and getting in and out of a bed or chair.
(ii) Assistance with self-administration of medication.
(iii) Janitorial, maintenance, housekeeping or other services provided in a resident's room.
(iv) Transportation services, including van services.
(b) Does not include services provided by persons contracted directly by a resident or the resident's family in a health care institution.
2. "Direct visual supervision" means continuous visual oversight of the supervised person that does not require the supervisor to be in a superior organizational role to the person being supervised.
3. "Home health services" has the same meaning prescribed in section 36-151."
Renumber to conform
Page 7, between lines 40 and 41, insert:
"12. Whether the health care institution and staff are in compliance with the reporting requirements pursuant to section 46-454."
Page 10, between lines 9 and 10, insert:
"Sec. 9. Section 46-452, Arizona Revised Statutes, is amended to read:
46-452. Protective services workers; powers and duties; immunity; communications; access to records
A. A Each protective services worker shall:
1. Receive reports of abused, exploited or neglected vulnerable adults.
2. Receive from any source oral or written information regarding an adult who may be in need of protective services.
3. On receipt of such information make an evaluation to determine if the adult is in need of protective services and what services, if any, are needed.
4. Offer an adult in need of protective services or his the adult's guardian whatever services appear appropriate in view of the evaluation.
5. File petitions as necessary for the appointment of a guardian or conservator or the appointment of a temporary guardian or temporary conservator or make application for a special visitation warrant as provided for in title 14, chapter 5.
6. File for an order of protection pursuant to section 13-3602 or an injunction against harassment pursuant to section 12-1809 as a third party on behalf of the vulnerable adult to prevent an alleged perpetrator from having access to the vulnerable adult.
B. The department or a protective services worker employed by the department may not be appointed as guardian, conservator or temporary guardian.
C. An adult protective services worker is immune from civil liability for applying for a special visitation warrant or for filing a petition for guardianship or conservatorship unless the application or filing is done in bad faith.
D. For the purposes of this chapter, communications concerning a person who is incarcerated in any jail, prison, detention center or correctional facility or concerning a patient in the Arizona state hospital are not reports that require evaluation by a protective services worker.
E. The department or a protective services worker, in performing official duties, may access law enforcement records RELATED to an adult protective services case. A law enforcement entity shall furnish relevant records to adult protective services on request.
Sec. 10. Section 46-454, Arizona Revised Statutes, is amended to read:
46-454. Duty to report abuse, neglect and exploitation of vulnerable adults; duty to make medical records available; violation; classification
A. A health professional, emergency medical technician, home health provider, hospital intern or resident, speech, physical or occupational therapist, long-term care provider, social worker, peace officer, medical examiner, guardian, conservator, fire protection personnel, developmental disabilities provider, employee of the department of economic security or other person who has responsibility for the care of a vulnerable adult and who has a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit. The guardian or conservator of a vulnerable adult shall immediately report or cause reports to be made of such reasonable basis to the superior court and the adult protective services central intake unit. All of The above reports required by this subsection shall be made immediately by telephone or online.
B. If an individual listed in subsection A of this section is an employee or agent of a health care institution as defined in section 36-401 and the health care institution's procedures require that all suspected abuse, neglect and exploitation be reported to adult protective services as required by law, the individual is deemed to have complied with the requirements of subsection A of this section by reporting or causing a report to be made to the health care institution in accordance with the health care institution's procedures.
C. An attorney, accountant, trustee, guardian, conservator or other person who has responsibility for preparing the tax records of a vulnerable adult or a person who has responsibility for any other action concerning the use or preservation of the vulnerable adult's property and who, in the course of fulfilling that responsibility, discovers a reasonable basis to believe that abuse, neglect or exploitation of the vulnerable adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to the adult protective services central intake unit. All of The above reports required by this subsection shall be made immediately by telephone or online.
D. Reports pursuant to subsections A and C of this section shall contain:
1. The names and addresses of the vulnerable adult and any persons having control or custody of the vulnerable adult, if known.
2. The vulnerable adult's age and the nature and extent of the vulnerable adult's vulnerability.
3. The nature and extent of the abuse, neglect or exploitation.
4. Any other information that the person reporting believes might be helpful in establishing the cause of the abuse, neglect or exploitation.
E. Any person other than one required to report or cause reports to be made in pursuant to subsection A or C of this section who has a reasonable basis to believe that abuse, neglect or exploitation of a vulnerable adult has occurred may report the information to a peace officer or to the adult protective services central intake unit.
F. A person having custody or control of medical or financial records of a vulnerable adult for whom a report is required or authorized under this section shall make those records, or a copy of those records, available to a peace officer or adult protective services worker investigating the vulnerable adult's abuse, neglect or exploitation on written request for the records signed by the peace officer or adult protective services worker. Records disclosed pursuant to this subsection are confidential and may be used only in a judicial or administrative proceeding or investigation resulting from a report required or authorized under this section.
G. If reports pursuant to this section are received by a peace officer, the peace officer shall notify the adult protective services central intake unit as soon as possible and make that information available to them, including all RELATED police records. A peace officer shall provide the information to adult protective services as soon as possible.
H. A person required to receive reports pursuant to subsection A, C or E of this section may take or cause to be taken photographs of the abused vulnerable adult and the vicinity involved. Medical examinations, including radiological examinations of the involved vulnerable adult, may be performed. Accounts, inventories or audits of the exploited vulnerable adult's property may be performed. The person, department, agency or court that initiates the photographs, examinations, accounts, inventories or audits shall pay the associated costs in accordance with existing statutes and rules. If any person is found to be responsible for the abuse, neglect or exploitation of a vulnerable adult in a criminal or civil action, the court may order the person to make restitution as the court deems appropriate.
I. If psychiatric records are requested pursuant to subsection F of this section, the custodian of the records shall notify the attending psychiatrist, who may excise from the records, before they are made available:
1. Personal information about individuals other than the patient.
2. Information regarding specific diagnosis or treatment of a psychiatric condition, if the attending psychiatrist certifies in writing that release of the information would be detrimental to the patient's health or treatment.
J. If any portion of a psychiatric record is excised pursuant to subsection I of this section, a court, on application of a peace officer or adult protective services worker, may order that the entire record or any portion of the record containing information relevant to the reported abuse, neglect or exploitation be made available to the peace officer or adult protective services worker investigating the abuse, neglect or exploitation.
K. A licensing agency shall not find that a reported incidence of abuse at a care facility by itself is sufficient grounds to allow the agency to close the facility or to find that all residents are in imminent danger.
L. Retaliation against a person who in good faith reports abuse, neglect or exploitation is prohibited. Retaliation against a vulnerable adult who is the subject of a report is prohibited. Any adverse action taken against a person who reports abuse, neglect or exploitation or a vulnerable adult who is the subject of the report within ninety days after the report is filed is presumed to be retaliation.
M. A person who violates this section is guilty of a class 1 misdemeanor, except that if the failure to report involves an offense listed in title 13, chapter 14, the person is guilty of a class 6 felony.
Sec. 11. Vulnerable adult system study committee; membership; duties; report; delayed repeal
A. The vulnerable adult system study committee is established consisting of the following members:
1. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.
2. Two members of the senate who are appointed by the president of the senate and who are members of different political parties. The president of the senate shall designate one of these members to serve as cochairperson of the committee.
3. The director of the department of health services or the director's designee.
4. The director of the department of economic security or the director's designee.
5. The director of the Arizona health care cost containment system or the director's designee.
6. One member who represents the governor's office and who is appointed by the governor.
7. One member who represents the attorney general's office and who is appointed by the attorney general.
8. One member who currently serves as the department of economic security's long-term care ombudsman or the ombudsman's designee.
9. One member who currently serves as a public fiduciary and who is appointed by the governor.
10. Two members who are employed by a local law enforcement agency or who are employed by a statewide organization that represents law enforcement and who are appointed by the governor.
11. The executive director of the Navajo area agency on aging or the executive director's designee.
12. The executive director of the intertribal council of Arizona or the executive director's designee.
13. One member who is currently employed at a licensed assisted living facility and who is appointed by the speaker of the house of representatives.
14. One member who is currently employed at a licensed nursing care institution and who is appointed by the governor.
15. Two members who represent different statewide organizations that advocate for elderly vulnerable adults and who are appointed by the president of the senate.
16. One health care professional who is appointed by the speaker of the house of representatives and who both:
(a) Is licensed pursuant to title 32, Arizona Revised Statutes.
(b) Provides health care services to elderly vulnerable adults.
B. The vulnerable adult system study committee shall:
1. Develop and implement a coordinated vulnerable adult delivery system that ensures the health and safety of vulnerable adults.
2. Recommend best practices relating to responding and investigating complaints.
3. Research best practices related to adult protective services at the state, municipality and community levels.
4. Research and make recommendations on how the vulnerable adult system can ensure that vulnerable adults receive services they require after the vulnerable adult system completes its investigatory duties, including assigning a specific agency the responsibility to provide or coordinate case management.
5. Research and identify common, statewide outcomes.
6. Identify best practices for data collection and data sharing by various entities involved in providing vulnerable adult services.
7. Review and recommend changes to the statutes and rules that govern vulnerable adult services.
C. The cochairpersons may designate work groups to research, study and make recommendations to the study committee.
D. Once a strategic direction is established, the department of economic security, in conjunction with the work groups, shall develop an action plan for implementation.
E. Public members are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2, Arizona Revised Statutes.
F. On or before October 1, 2025, the study committee shall submit a report of its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of this report to the secretary of state.
G. This section is repealed from and after December 31, 2025."
Renumber to conform
Amend title to conform