Bill Text: AZ HB2409 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Limited service pregnancy centers; licensure
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced - Dead) 2016-05-05 - Introduced in House and read first time [HB2409 Detail]
Download: Arizona-2016-HB2409-Introduced.html
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REFERENCE TITLE: limited service pregnancy centers; licensure |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2409 |
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Introduced by Representatives Mendez, Alston, Bolding, Cardenas, Espinoza, Larkin, Plumlee: Andrade, Clark, Fernandez, Friese, Gabaldón, Gonzales, Hale, Otondo, Rios, Velasquez, Wheeler
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AN ACT
Amending section 36‑422, Arizona Revised Statutes; relating to outpatient treatment center licensure.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-422, Arizona Revised Statutes, is amended to read:
36-422. Application for license; notification of proposed change in status; joint licenses; definitions
A. A person who wishes to apply for an initial license or to renew a license to operate a health care institution pursuant to this chapter shall file with the department an application on a written or electronic form that is prescribed, prepared and furnished by the department. The application shall contain the following:
1. The name and location of the health care institution.
2. Whether it is to be operated as a proprietary or nonproprietary institution.
3. The name of the governing authority. The applicant shall be the governing authority having the operative ownership of, or the governmental agency charged with the administration of, the health care institution sought to be licensed. If the applicant is a partnership that is not a limited partnership, the partners shall make the application jointly, and the partners are jointly the governing authority for purposes of this article.
4. The name and business or residential address of each controlling person and an affirmation that none of the controlling persons has been denied a license or certificate by a health profession regulatory board pursuant to title 32 or by a state agency pursuant to chapter 6, article 7 or chapter 17 of this title or a license to operate a health care institution in this state or another state or has had a license or certificate issued by a health profession regulatory board pursuant to title 32 or issued by a state agency pursuant to chapter 6, article 7 or chapter 17 of this title or a license to operate a health care institution revoked. If a controlling person has been denied a license or certificate by a health profession regulatory board pursuant to title 32 or by a state agency pursuant to chapter 6, article 7 or chapter 17 of this title or a license to operate a health care institution in this state or another state or has had a health care professional license or a license to operate a health care institution revoked, the controlling person shall include in the application a comprehensive description of the circumstances for the denial or the revocation.
5. The class or
subclass of health care institution to be established or operated.
6. The types and extent of the health care services to be provided, including emergency services, community health services and services to indigent patients.
7. The name and qualifications of the chief administrative officer implementing direction in that specific health care institution.
8. Other pertinent information required by the department for the proper administration of this chapter and department rules.
B. An application filed pursuant to this section shall contain the written or electronic signature of:
1. If
the applicant is an individual, the owner of the health care institution.
2. If the applicant is a partnership, limited liability company or corporation, two of the officers of the corporation or managing members of the partnership or limited liability company or the sole member of the limited liability company if it has only one member.
3. If the applicant is a governmental unit, the head of the governmental unit.
C. An application for licensure or relicensure shall be filed at least sixty but not more than one hundred twenty days before the anticipated operation or the expiration date of the current license. An application for a substantial compliance survey submitted pursuant to section 36‑425, subsection G shall be filed at least thirty days before the date on which the substantial compliance survey is requested.
D. If a current licensee intends to terminate the operation of a licensed health care institution or if a change of ownership is planned either during or at the expiration of the term of the license, the current licensee shall notify the director in writing at least thirty days before the termination of operation or change in ownership is to take place. The current licensee is responsible for preventing any interruption of services required to sustain the life, health and safety of the patients or residents. A new owner shall not begin operating the health care institution until the director issues a license.
E. A licensed health care institution for which operations have not been terminated for more than thirty days may be relicensed pursuant to the standards that were applicable under its most recent license.
F. If a person operates a hospital in a county with a population of more than five hundred thousand persons in a setting that includes satellite facilities of the hospital that are located separately from the main hospital building, the department at the request of the applicant or licensee shall issue a single group license to the hospital and its designated satellite facilities located within one‑half mile of the main hospital building if all of the facilities meet or exceed department licensure requirements for the designated facilities. At the request of the applicant or licensee, the department shall also issue a single group license that includes the hospital and not more than ten of its designated satellite facilities that are located farther than one‑half mile from the main hospital building if all of these facilities meet or exceed applicable department licensure requirements. Each facility included under a single group license is subject to the department's licensure requirements that are applicable to that category of facility. Subject to compliance with applicable licensure or accreditation requirements, the department shall reissue individual licenses for the facility of a hospital located in separate buildings from the main hospital building when requested by the hospital. This subsection does not apply to nursing care institutions and residential care institutions. The department is not limited in conducting inspections of an accredited health care institution to ensure that the institution meets department licensure requirements. If a person operates a hospital in a county with a population of five hundred thousand persons or less in a setting that includes satellite facilities of the hospital that are located separately from the main hospital building, the department at the request of the applicant or licensee shall issue a single group license to the hospital and its designated satellite facilities located within thirty-five miles of the main hospital building if all of the facilities meet or exceed department licensure requirements for the designated facilities. At the request of the applicant or licensee, the department shall also issue a single group license that includes the hospital and not more than ten of its designated satellite facilities that are located farther than thirty-five miles from the main hospital building if all of these facilities meet or exceed applicable department licensure requirements.
G. If a county with a population of more than one million persons or a special health care district in a county with a population of more than one million persons operates an accredited hospital that includes the hospital's accredited facilities that are located separately from the main hospital building and the accrediting body's standards as applied to all facilities meet or exceed the department's licensure requirements, the department shall issue a single license to the hospital and its facilities if requested to do so by the hospital. If a hospital complies with applicable licensure or accreditation requirements, the department shall reissue individual licenses for each hospital facility that is located in a separate building from the main hospital building if requested to do so by the hospital. This subsection does not limit the department's duty to inspect a health care institution to determine its compliance with department licensure standards. This subsection does not apply to nursing care institutions and residential care institutions.
H. An applicant or licensee must notify the department within thirty days after any change regarding a controlling person and provide the information and affirmation required pursuant to subsection A, paragraph 4 of this section.
I. This section does not limit the application of federal laws and regulations to an applicant or licensee certified as a medicare or an Arizona health care cost containment system provider under federal law.
J. Except for an outpatient treatment center providing dialysis services or abortion procedures, a person wishing to begin operating an outpatient treatment center before an initial licensing inspection is completed shall submit all of the following:
1. The initial license application required pursuant to this section.
2. All applicable application and license fees.
3. A written request for a temporary license that includes:
(a) The anticipated date of operation.
(b) An attestation signed by the applicant that the applicant and the facility comply with and will continue to comply with the applicable licensing statutes and rules.
K. A limited service pregnancy center operating in this state shall be licensed as an outpatient treatment center pursuant to subsection J of this section.
K. L. Within seven days of the department's receipt of the items required in subsection J of this section, but not before the anticipated operation date submitted in subsection C of this section, the department shall issue a temporary license that includes:
1. The name of the facility.
2. The name of the licensee.
3. The facility's class or subclass.
4. The temporary license's effective date.
5. The location of the licensed premises.
L. M. A facility may begin operating on the effective date of the temporary license.
M. N. The director may cease the issuance of temporary licenses at any time if the director believes that public health and safety is endangered.
N. O. For the purposes of this section:
1. "Accredited" means accredited by a nationally recognized accreditation organization.
2. "Limited service pregnancy center":
(a) Means an organization, including a pregnancy counseling organization or crisis pregnancy center, that for a fee or free of charge provides pregnancy counseling or information but does not perform abortions or make referrals to an abortion provider and is not currently licensed or certified by this state or the federal government to provide medical or health care services.
(b) Does not include a health care provider, a hospital, an abortion clinic or a family planning clinic that performs abortions, provides contraception or provides abortion or contraception referrals.
2. 3. "Satellite facility" means an outpatient facility at which the hospital provides outpatient medical services.
