Bill Text: AZ HB2042 | 2017 | Fifty-third Legislature 1st Regular | Chaptered
Bill Title: DHS; fingerprinting requirements
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-03-21 - Chapter 24 [HB2042 Detail]
Download: Arizona-2017-HB2042-Chaptered.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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CHAPTER 24
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HOUSE BILL 2042 |
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AN ACT
Amending sections 36‑411 and 36‑425.03, Arizona Revised Statutes; relating to health care personnel fingerprinting requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. 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. Subject to legislative appropriations, except as provided in subsections F, G, H and I 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 or contracted persons or volunteers who provide direct care medical services, nursing services, behavioral health services, health‑related services, home health services or 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 valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days of employment or beginning volunteer work except as provided in subsections F, G and H of this section.
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.
D. An employee, an owner, or a contracted person or a volunteer or a facility on behalf of the employee, the owner, or 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 a person an employee to continue employment or a contracted person to continue to provide direct care medical services, nursing services, behavioral health services, health‑related services, home health services or supportive services if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1, or has been denied approval pursuant to this section before May 7, 2001 or has not received an interim approval from the board of fingerprinting pursuant to section 41‑619.55, subsection I.
F. Volunteers who provide services to residents under the direct visual supervision of a previously screened owner or employee are exempt from the fingerprint clearance card requirements of this section.
F. An employee or contractor 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 services to residents or patients while under the direct visual supervision of an owner or employee who has a valid fingerprint clearance card.
G. A residential care institution, nursing care institution or home health agency shall require that an owner or employee who has a valid fingerprint clearance card provide direct visual supervision of a volunteer who provides services to residents or patients unless the volunteer has a valid fingerprint clearance card.
G. H. Notwithstanding the requirements of section 41‑1758.02, subsection B, a person who provides direct care, home health services or supportive services for an employee of a residential care institution, home health agency or nursing care institution, after meeting the fingerprinting and criminal records check requirements of this section, is not required to meet the fingerprint and criminal records check requirements of this section again if that person remains employed by the same employer or changes employment within two years after satisfying the requirements of this section. For the purposes of this subsection, if the employer changes through sale, lease or operation of law, a person is deemed to be employed by the same employer if that person remains employed by the new employer.
H. I. Notwithstanding the requirements of section 41‑1758.02, subsection B, a person who has received approval pursuant to this section before May 7, 2001 and who remains employed by the same employer is not required to apply for a fingerprint clearance card.
I. J. If a person's employment record contains a six‑month or longer time frame where 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.
J. K. For the purposes of this section:
1. "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.
1. 2. "Home health services" has the same meaning prescribed in section 36‑151.
2. 3. "Supportive services" has the same meaning prescribed in section 36‑151.
Sec. 2. Section 36-425.03, Arizona Revised Statutes, is amended to read:
36-425.03. Children's behavioral health programs; personnel; fingerprinting requirements; exemptions; definitions
A. Except as provided in subsections B, and C and D of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection D E of this section to the employer and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or, within seven working days after employment or beginning volunteer work, shall apply for a fingerprint clearance card.
B. The following persons are exempt from the fingerprinting requirements of this section:
1. When under the direct visual supervision and in the presence of children's behavioral health program personnel who have a valid fingerprint clearance card:
(a) Except as provided in subsection C of this section, parents, foster parents, kinship foster care parents and guardians who participate in group activities with that include their children under the supervision of and in the presence of who are receiving behavioral health services from a children's behavioral health program personnel are exempt from the fingerprinting requirements of subsection A of this section if the parents they are not employees of the children's behavioral health program.
(b) A volunteer who provides services to children receiving behavioral health services.
(c) An employee or contractor 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.
(d) A person who is not providing medical services, nursing services, behavioral health services, health-related services, home health services or supportive services and who is either not an employee or contractor or not on the premises on a regular basis.
2. Hospital medical staff members, employees, contractors and volunteers who are not present in an area of the hospital authorized by the department for providing children's behavioral health services.
C. A parent, foster parent, kinship foster care parent or guardian of a child who is receiving behavioral health services from a children's behavioral health program is not required to be fingerprinted or supervised for purposes of this section if the person is in the presence of or participating with only the person's own child.
C. D. Applicants and employees who are fingerprinted pursuant to section 15‑512 or 15‑534 are exempt from the fingerprinting requirements of subsection A of this section.
D. E. Children's behavioral health program personnel shall certify on forms that are provided by the department and notarized that they are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section 41‑1758.03, subsection B or C in this state or similar offenses in another state or jurisdiction.
E. F. Forms submitted pursuant to subsection D E of this section are confidential.
F. G. Employers of children's behavioral health program personnel shall make documented, good faith efforts to contact previous employers of children's behavioral health program personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a children's behavioral health program.
G. H. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.03, subsection B is prohibited from working in any capacity in a children's behavioral health program that requires or allows contact with children.
H. I. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41‑1758.03, subsection C shall not work in a children's behavioral health program in any capacity that requires or allows the employee to provide direct services to children unless the person has applied for and received the required fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.
I. J. The department of health services shall accept a certification submitted by a United States military base or a federally recognized Indian tribe that either:
1. Personnel who are employed or who will be employed and who provide services directly to children have not been convicted of, have not admitted committing or are not awaiting trial on any offense prescribed in subsection G H of this section.
2. Personnel who are employed or who will be employed to provide services directly to children have been convicted of, have admitted committing or are awaiting trial on any offense prescribed in subsection H I of this section if the personnel provide these services while under direct visual supervision.
J. K. The employer shall notify the department of public safety if the employer receives credible evidence that a person who possesses a valid fingerprint clearance card either:
1. Is arrested for or charged with an offense listed in section 41‑1758.03, subsection B.
2. Falsified information on the form required by subsection D E of this section.
K. L. For the purposes of this section:
1. "Children's behavioral health program" means a program that provides children's behavioral health services and that is licensed by the department as a behavioral health service agency or that contracts with provided in a health care institution that is licensed by the department to provide children's behavioral health services.
2. "Children's behavioral health program personnel" means an owner, employee or volunteer who works at a children's behavioral health program.
3. "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.
APPROVED BY THE GOVERNOR MARCH 21, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 21, 2017.
