Bill Text: AZ SB1361 | 2024 | Fifty-sixth Legislature 2nd Regular | Engrossed
Bill Title: Sober living homes
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2024-06-14 - Senate minority caucus: Conference [SB1361 Detail]
Download: Arizona-2024-SB1361-Engrossed.html
|
House Engrossed Senate Bill
sober living homes |
|
State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
|
|
SENATE BILL 1361 |
|
|
|
|
An Act
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.14; amending sections 13-3730, 36-431.01, 36-2061 and 36-2062, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding section 36-2062.01; amending sections 36-2063, 36-2064, 36-2065, 36-2066 and 36-2067, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2068 and 36-2069; amending sections 41-619.51, 41-1758 and 41-1758.01, Arizona Revised Statutes; relating to sober living homes.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.14, to read:
9-462.14. Sober living homes; distance and operation requirements; deviation procedure; prohibition; definition
A. If a municipality has a zoning ordinance that restricts the distance between sober living homes or that enacts building or fire code requirements for the operation of sober living homes, the municipality shall establish a procedure in which a deviation from the requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-284; 82 Stat. 81; 42 United States Code section 3604).
B. A municipality may not reclassify a single-family home under a local building or fire code solely because the single-family home is the subject of a license application for a sober living home.
C. For the purposes of this section, "sober living home" has the same meaning prescribed in section 36-2061.
Sec. 2. Section 13-3730, Arizona Revised Statutes, is amended to read:
13-3730. Unlawful patient brokering; classification; definition
A. It is unlawful for a person, including a health care provider, behavioral health professional, health care facility institution or sober living home, when only providing or offering substance use disorder services, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:
1. Referring patients or clients to or from a sober living home or a substance use disorder treatment facility.
2. Accepting or acknowledging the enrollment of a patient or client for substance use disorder services at a sober living home.
B. A violation of this section is:
1. A class 3 felony if the consideration has a value of one thousand dollars $1,000 or more.
2. A class 4 felony if the consideration has a value of more than one hundred dollars $100 but less than one thousand dollars $1,000.
3. A class 6 felony if the consideration has a value of one hundred dollars $100 or less.
C. For the purposes of this section, "sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that:
1. Promotes independent living and life skills development.
2. May provide activities that are directed primarily toward recovery from substance use disorders.
3. Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders.
4. Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence has the same meaning prescribed in section 36-2061.
Sec. 3. Section 36-431.01, Arizona Revised Statutes, is amended to read:
36-431.01. Violations; civil penalties
A. The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not to exceed five hundred dollars more than $500 for each violation. Each day that a violation occurs constitutes a separate violation.
B. The director may issue a notice of assessment that shall 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. When an assessment is appealed, the director shall take no further action to enforce and collect the assessment until after the hearing.
C. In determining the amount of the civil penalty pursuant to subsection A of this section, the department shall consider the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. The severity of violations.
5. The potential for and occurrences of actual harm.
6. Threats to health and safety.
7. The number of persons affected by the violations.
8. The number of violations.
9. The size of the facility.
10. The length of time that the violations have been occurring.
D. Pursuant to interagency agreement specified in section 36-409, the director may assess a civil penalty, including interest, in accordance with 42 United States Code section 1396r. A person may appeal this assessment by requesting a hearing before the director in accordance with subsection B of this section. Civil penalty amounts may be established by rules adopted by the director that conform to guidelines or regulations adopted by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1396r.
E. Actions to enforce the collection of penalties assessed pursuant to subsections A and D of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.
F. Penalties assessed under subsection D of this section are in addition to and not in limitation of other penalties imposed pursuant to this chapter. All civil penalties and interest assessed pursuant to subsection D of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the nursing care institution resident protection revolving fund established by section 36-431.02. The director shall use these monies for the purposes prescribed by 42 United States Code section 1396r, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of the deficiencies or closure and reimbursement of residents for personal monies lost.
G. The department shall transmit deposit penalties assessed under subsection A of this section to in the state general fund.
Sec. 4. Section 36-2061, Arizona Revised Statutes, is amended to read:
36-2061. Definitions
In this article, unless the context otherwise requires:
1. "Assistance or activity directed toward recovery from any substance use disorder" includes a supervised, monitored or peer-led environment directed toward recovery from any substance use disorder.
1. 2. "Certifying organization" means an organization that certifies homes as sober living homes and is affiliated with a national organization recognized approved by the department whose primary function is to improve access to and the quality of sober living residences through standards, education, research and advocacy.
3. "Close friend" means any individual whose close association with the person is the equivalent of a family relationship.
4. "License" means a license issued by the director pursuant to this article.
2. 5. "Medication-assisted treatment" means the use of pharmacological medications that are approved by the United States food and drug administration, in combination with counseling and behavioral therapies, to provide a whole patient approach to the treatment of treating substance use disorders.
3. "Sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that:
(a) Promotes independent living and life skills development.
(b) May provide activities that are directed primarily toward recovery from substance use disorders.
(c) Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders.
(d) Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence.
6. "Service or treatment directed toward recovery from any substance use disorder" includes providing or arranging transportation to or from any service, treatment or activity directed toward recovery from any substance use disorder.
7. "Sober living home":
(a) Means any premises, place or dwelling unit, or any person that provides any premises, place or dwelling unit, that may provide verification of abstinence and that does at least one of the following:
(i) Provides alcohol-free and drug-free housing in a supervised, monitored or peer-led environment for individuals who are in recovery or seeking recovery from any substance use disorder.
(ii) Advertises, markets, holds itself out or otherwise implies through any means, including oral, written, electronic or printed means, that it provides or will provide a living environment directed toward recovery from any substance use disorder, including housing that provides or arranges for residents to receive any assistance or activity directed toward recovery from any substance use disorder and housing that arranges for residents to receive any service or treatment directed toward recovery from any substance use disorder.
(b) Does not include:
(i) Any premises, place or dwelling unit that is licensed to provide on-site medical services, behavioral health services or medication administration.
(ii) Any person who provides a premises, place or dwelling unit directed toward recovery from any substance abuse disorder exclusively to residents who are related to the person by affinity or consanguinity of the first or second degree, an individual who is a close friend of the person or individuals for whom the person serves as a legal guardian, and the person is not operating the premises, place or dwelling unit as a business and does not require, collect or receive any form of compensation for profit from the residents, including insurance or rent.
(iii) Any housing for persons in recovery from substance use disorders that is self-run, self-supported, alcohol and drug free, chartered and monitored by a nationally recognized nonprofit credentialing entity, established in accordance with 42 United States Code section 300x-25 and held to the standards of that nationally recognized nonprofit credentialing entity.
Sec. 5. Section 36-2062, Arizona Revised Statutes, is amended to read:
36-2062. Licensure required; standards; administrative clearance from local jurisdiction; use of title
1. A requirement that each sober living home to develop policies and procedures to allow individuals who are on medication-assisted treatment to continue to receive this treatment while living in the sober living home.
2. Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery.
3. Policies and procedures for the residence to meet the requirement that the sober living home maintain an environment that promotes the recovery, health and safety of residents and the safety of the surrounding neighborhood and the community at large.
4. Policies and procedures for discharge planning of persons living in the residence sober living home that do not negatively impact the surrounding community, including policies and procedures to be implemented if a license is suspended or revoked.
5. A good neighbor policy to address neighborhood concerns and complaints.
6. A requirement that the operator of each sober living home have available for emergency personnel an up-to-date list of current medications and medical conditions of each person living in the sober living home.
7. A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements.
8. Policies and procedures for the management of managing all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home.
9. A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the residence sober living home or provider and information about how to file a complaint.
10. Policies that promote recovery by requiring residents to participate in treatment, self-help groups or other recovery supports.
11. Policies requiring and procedures that require the sober living home to maintain an environment that is free from alcohol and illegal substances at all times and that require abstinence from alcohol and illicit drugs.
12. Procedures regarding the appropriate use and security of medication by a resident.
13. Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes and rules applicable to comparable dwellings occupied by single families.
14. Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.
15. Policies and procedures for managing complaints about sober living homes.
16. Requirements Policies and procedures for the notification of notifying the department and a family member or other emergency contact designated by a resident under certain circumstances, including death, due to an permanent or severe harm and overdose.
17. Policies and procedures for providing activities that promote independent living and life skills development.
18. Policies and procedures for providing activities directed primarily toward recovery from substance use disorders.
B. The licensure of a sober living home under this article is for one year. A person operating a sober living home in this state that has failed to attain or maintain licensure of the sober living home shall pay a civil penalty of up to one thousand dollars for each violation.
C. To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990. The sober living home shall obtain and maintain current documentation from the local jurisdiction verifying compliance with all local zoning, building, fire and licensing ordinances and rules. The sober living home shall provide documentation to the department on request, in the application for an initial license and when requesting approval for any proposed change in the maximum number of residents or any construction or modification to the sober living home. The department shall identify on each license the maximum number of residents who are allowed to live in the sober living home, including any manager or other staff living on the premises.
D. A treatment facility that is licensed by the department for the treatment of to treat substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article.
E. Once the director adopts the minimum standards as required in subsection A of this section, A person may shall not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department or is certified as prescribed in section 36-2064. The license is valid only for the establishment, operation and maintenance of the sober living home. The licensee may shall not:
1. Imply by advertising, or directory listing or otherwise imply that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the underlying adopted rules for sober living homes.
2. Transfer or assign the license. A license is valid only for the premises occupied by the sober living home at the time of its issuance.
Sec. 6. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding section 36-2062.01, to read:
36-2062.01. Legislative findings and intent; substantial compliance; definition
A. The legislature recognizes the need to protect both the people in recovery and the public from unscrupulous and incompetent operators of sober living homes and therefore finds and determines that substantial compliance with and enforcement of the requirements prescribed in section 36-2062 are necessary and required to ensure the public health, safety and welfare.
B. for the purposes of this section, "substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of a sober living home does not pose a direct risk to the life, health or safety of the residents.
Sec. 7. Section 36-2063, Arizona Revised Statutes, is amended to read:
36-2063. Fees; licensure and renewal; inspections; complaints; investigations; penalties and sanctions; third-party contractors
A. The department shall establish fees for initial licensure and license renewal of a sober living home and a fee for the late payment of licensing fees that includes a grace period. The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this section in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section in the state general fund.
B. On a determination by the director that there is reasonable cause to believe a sober living home is not adhering to the licensing requirements of this article or the rules adopted pursuant to this article, the director and any duly designated employee or agent of the director may enter on and into the premises of any sober living home that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules. Any application for licensure or license renewal under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the license application or license renewal and, if licensed, during the term of the license. If an inspection reveals that the sober living home is not adhering to the licensing requirements established pursuant to this article, the director may take action authorized by this article. Any sober living home whose license has been suspended or revoked in accordance with this article is subject to inspection on application for relicensure or reinstatement of license.
C. The director may
C. The department or its third-party contractor shall conduct a physical, on-site inspection of a sober living home to verify compliance with the requirements of this article and the rules adopted pursuant to this article at the following times:
1. Before issuing an initial license or approving any proposed change in the maximum number of residents or any construction or modification of a sober living home. Applicants are not allowed to self-attest to compliance in lieu of this inspection.
2. At least annually for each sober living home.
3. On a determination by the director that there is reasonable cause to believe that a sober living home is not adhering to the requirements of this article or the rules adopted pursuant to this article.
D. After receiving a complaint that identifies an alleged violation of this article or the rules adopted pursuant to this article, the department or its third-party contractor shall investigate the sober living home that is the subject of the complaint and shall conduct a physical inspection if requested by local law enforcement or if the director determines that there is reasonable cause to believe the sober living home is not adhering to the requirements of this article or the rules adopted pursuant to this article.
E. If an investigation or inspection of a sober living home reveals that a person has violated this article or the rules adopted pursuant to this article, the director may impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than five hundred dollars $1,000 for each violation, which may be assessed for each resident or person who the DEPARTMENT determines was impacted by the violation. A person operating a sober living home in this state that has failed to obtain or maintain licensure of the sober living home shall pay an additional civil penalty of up to $1,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director may shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days for which the violation has been documented by the department.
D. The department may impose sanctions and commence disciplinary actions against a licensed sober living home, including revoking the license. A license may not be suspended or revoked under this article without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10.
F. In determining the amount of the civil penalty pursuant to subsection E of this section, the department shall consider all of the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. The severity of violations.
5. The potential for and occurrences of actual harm, including to staff or residents.
6. Threats to health and safety, including to staff or residents.
7. The number of persons affected by the violations.
8. The number of violations.
9. The size of the facility.
10. The length of time that the violations have been occurring.
G. If a licensed or unlicensed sober living home has a business relationship with a person or entity that is found to be engaging in fraudulent, abusive or misleading health care-related practices, the sober living home is subject to civil penalties pursuant to this section, including license suspension or revocation. Each day a violation occurs constitutes a separate violation.
H. subject to title 41, chapter 6, article 10, except as provided in subsection J of this section, the director may deny, revoke or suspend a sober living home license if any owner, officer, agent or employee of the sober living home does any of the following:
1. Violates this article or rules adopted pursuant to this article.
2. Commits a felony under the laws of any state or of the United States arising out of or in connection with the operation of a sober living home. The record of conviction or a copy of the record certified by the clerk of the court or by the judge by whom the person was sentenced is conclusive evidence of conviction.
3. Knowingly aids, allows or abets the submission of false or inaccurate information required by this article or rules adopted pursuant to this article.
4. Violates the requirements for licensure of the sober living home pursuant to this article.
I. If a licensee or any owner, officer, agent or employee of a sober living home refuses to allow the department or its employee or agent to inspect the sober living home's premises, that action shall be deemed reasonable cause to believe that a substantial violation of subsection H, paragraph 1 of this section exists.
J. If the director reasonably believes that a violation of subsection H of this section has occurred and that the life or safety of the residents or staff or the public is immediately affected, on written notice to the owner or agent of the sober living home, the director may order one or more of the following intermediate sanctions until the sober living home is in substantial compliance with this article and rules adopted pursuant to this article:
1. The immediate restriction of the acceptance and reacceptance of residents to the sober living home.
2. The selected transfer of residents out of the sober living home.
3. The reduction of capacity.
4. The termination of any specific service, policy, procedure or practice of the sober living home.
L. A licensee that is subject to an intermediate sanction ordered by the director pursuant to subsection J of this section may request a hearing to review the director's action. The licensee shall make this request in writing within ten days after receiving notice of the director's action. The office of administrative hearings shall conduct an administrative hearing within seven business days after the notice of appeal has been filed with the office of administrative hearings.
M. In addition to any other remedies prescribed in this article, the director may issue a cease and desist order against a sober living home that does not hold a current or valid license or that exceeds the scope of activities or services authorized by a license issued pursuant to this article. The attorney general or a county attorney may bring an action for an injunction to restrain the violation or to enjoin the future operation or maintenance of the sober living home until the sober living home complies with this article. Before issuing a cease and desist order or bringing an action for an injunction pursuant to this section, the department may issue to the owner or agent of the licensed or unlicensed sober living home a certified letter that states the factual basis for the department's belief that the sober living home is operating in violation of this article or rules adopted pursuant to this article. The department may include in the letter a description of the enforcement options available to the department if the violations continue.
N. If a political subdivision of this state requests an update from the department on the status of the investigation of a complaint filed by the political subdivision relating to a sober living home, the department shall notify the political subdivision of the status within five business days after the request. If requested by the political subdivision, the department shall provide to the political subdivision the findings of its investigation, including copies of investigative reports without personal identifying information of the sober living home residents.
E. O. The department may contract with a third party to assist the department with licensure, investigations and inspections, except that the DEPARTMENT shall not contract with any owner, operator, administrator, ACCREDITING BODY or association of sober living homes. Third-party contractors shall be paid from the health services licensing fund established by section 36-414.
Sec. 8. Section 36-2064, Arizona Revised Statutes, is amended to read:
36-2064. Certified sober living homes; licensure
A. Notwithstanding any other provision of this article, A sober living home that is licensed in this state and that is certified by a certifying organization may operate in this state and receive referrals pursuant to section 36-2065. A sober living home certification is in lieu of licensure until the sober living home is licensed. A certified sober living home shall apply to the department for licensure within ninety days after the department's initial licensure rules are final. The department shall notify the certifying organization when the department's initial licensure rules are final.
B. In lieu of an initial on-site licensure survey inspection and any annual on-site survey inspection, the department shall issue a license to a sober living home that submits an application prescribed by the department and that meets the following requirements:
1. Is currently certified as a sober living home by a certifying organization.
2. Meets all department licensure requirements.
3. Does not receive any monies from this state or the federal government.
4. Has not been subject to an enforcement action pursuant to section 36-2063 within the preceding year.
C. The director may accept proof that a sober living home is a certified sober living home in lieu of all compliance inspections required by this article if the director receives a copy of the sober living home's certification report for the licensure period and the sober living home is certified by a certifying organization. If the certification report is not valid for the entire licensure period, the department may conduct a compliance inspection of the sober living home during the time period the department does not have a valid certification report for the sober living home.
Sec. 9. Section 36-2065, Arizona Revised Statutes, is amended to read:
36-2065. Referrals; licensed sober living homes
Beginning January 1, 2019:
1. A. A state agency or a state-contracted vendor that directs substance abuse treatment shall refer a person only to a certified or licensed sober living home.
2. B. Only a certified or licensed sober living home may be is eligible for federal or state funding to deliver sober living home services in this state.
3. C. Persons whose substance abuse treatment is funded with federal or state monies may be referred only to a certified or licensed sober living home.
4. D. A state or county court shall give first consideration to a certified or licensed sober living home when making residential recommendations for individuals under its supervision.
5. E. A health care institution that provides substance abuse treatment and that is licensed by the department shall refer a patient or client only to a certified or licensed sober living home.
6. F. A behavioral health provider or a behavioral health professional who is licensed pursuant to title 32, chapter 33 shall refer a patient or client only to a certified or licensed sober living home.
Sec. 10. Section 36-2066, Arizona Revised Statutes, is amended to read:
36-2066. Posting; confidential information; notification of local jurisdictions
A. The department shall post on its public website the name and telephone number of each certified and licensed sober living home and shall update the list quarterly. The department may shall not disclose the address of a certified or licensed sober living home, except that the department, on request, shall disclose the address of the sober living home to:
1. A local jurisdiction for zoning purposes. ,
2. Local law enforcement. and
3. Emergency personnel.
4. A third-party contractor of the department.
B. A sober living home's address is not a public record and is not subject to title 39, chapter 1, article 2. This section does not prohibit a sober living home from publishing or otherwise self-disclosing its address.
C. If a local jurisdiction provides contact information for notifications relating to sober living homes to the department, the department shall notify the local jurisdiction of all initial licenses issued pursuant to this article in that jurisdiction in the preceding month. The department is not obligated to provide the notifications under this subsection to a local jurisdiction that does not provide the local jurisdiction's contact information to the department.
Sec. 11. Section 36-2067, Arizona Revised Statutes, is amended to read:
36-2067. Department; annual report
A. Beginning On or before January 2, 2020 and 31 of each January 2 thereafter year, the department shall submit to the senate health and human services committee and the house of representatives health committee, or their successor committees, a report on licensed and unlicensed sober living homes in this state that includes:
1. The number of licensed sober living homes in each city, town and county.
2. The number of sober living homes that are licensed each year.
3. The number of complaints against licensed sober living homes that received by the department investigates annually each year.
4. The number of complaints against licensed sober living homes investigated by the department or its third-party contractor each year.
4. 5. The number of enforcement actions the department takes against licensed sober living homes annually taken by the department each year.
6. The number of complaints against residences, places, dwelling units or other premises suspected of being unlicensed sober living homes.
7. The number of investigations resulting from complaints against unlicensed sober living homes, including how many of those investigated met the legal requirements for sober living home licensure and how the department took action on its findings.
8. The number of enforcement actions against unlicensed sober living homes taken by the department each year.
B. C. The department shall provide a copy of the report submitted pursuant to subsection A of this section to the secretary of state.
Sec. 12. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2068 and 36-2069, to read:
36-2068. Legal action; licensure; change of ownership; definitions
A. The director may continue to pursue any court, administrative or enforcement action against a licensee even if the sober living home is in the process of being sold or transferred or has closed.
B. The department may revoke or suspend a license or deny an application for a sober living home license if:
1. The applicant, the licensee or a controlling person has a sober living home or health care institution license that is in an enforcement action or court action related to the health and safety of the residents or patients.
2. The department has determined for reasons other than those specified in paragraph 1 of this subsection that the issuance of a license is likely to jeopardize resident safety.
3. The applicant, the licensee or a controlling person has had in any state or jurisdiction an application or license to operate a sober living home or a health care institution denied, suspended or revoked, unless the denial was based on the failure to complete the licensing process or to pay a required licensing fee within the required time frame.
4. The applicant, the licensee or a controlling person has had in any state or jurisdiction a health professional license or certificate denied, revoked or suspended.
5. The applicant, the licensee or a controlling person provides false or misleading information to the department.
C. The department may deny the approval of a change in ownership of a currently licensed sober living home if the department determines that the transfer of ownership, whether involving a direct owner or indirect owner, may jeopardize resident safety.
D. For the purposes of this section:
1. "Controlling person" means a person who, with respect to a business organization:
(a) Has the power to vote at least ten percent of the outstanding voting securities of the business organization.
(b) If the business organization is a partnership, is a general partner or is a limited partner who holds at least ten percent of the voting rights of the partnership.
(c) If the business organization is a corporation, association or limited liability company, is the president, the chief executive officer, the incorporator, an agent or any person who owns or controls at least ten percent of the voting securities.
(d) Holds a beneficial interest in ten percent or more of the liabilities of the business organization.
2. "Direct owner" means a person that has an ownership or control interest in the sober living home totaling fifty-one percent or more.
3. "Indirect owner":
(a) Means a person that has an ownership or control interest in a direct owner totaling fifty-one percent or more.
(b) Includes an ownership or control interest in an indirect owner totaling fifty-one percent or more and a combination of direct ownership and indirect ownership or control interests totaling fifty-one percent or more in the sober living home.
36-2069. Fingerprinting requirements; definitions
A. Except as provided in subsection E or F of this section, as a condition of licensure or continued licensure of a sober living home that receives referrals pursuant to section 36-2065, subsection A or C, the licensee and each paid staff member of a sober living home shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days after beginning employment or contracted work.
B. A licensee shall make a documented, good faith effort to verify the current status of each paid staff member's fingerprint clearance card.
C. The licensee or the paid staff member, or the licensee on behalf of the paid staff member, shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins employment or contracted work.
D. Except as provided in subsection E or F of this section, a sober living home shall not allow a paid staff member to continue employment or contracted work if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 or has had a fingerprint clearance card suspended or revoked.
E. The licensee or the paid staff member of a sober living home 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 until a decision is made.
F. A sober living home may employ or continue to employ a paid staff member who is denied a fingerprint clearance card if the paid staff member does both of the following:
1. Successfully completes treatment for substance use or, if applicable, recidivism reduction as prescribed by rule.
2. Passes a background and screening evaluation conducted by the sober living home that demonstrates that the individual is not a threat to the health or safety of the residents of the sober living home. A background and screening evaluation includes prior employment or personal reference checks.
G. For the purposes of this section:
1. "Licensee" means the individual or business organization to which the department has issued a license to operate a sober living home.
2. "Monetary compensation" means salary or wages.
3. "Paid staff member":
(a) Means an employee who provides monitoring, supervision or assistance or other services to residents at a sober living home and who receives monetary compensation from the sober living home.
(b) Includes a person who provides janitorial, maintenance, housekeeping or transportation services, whether as a contractor or employee of the sober living home.
(c) Does not include a resident of the sober living home unless the resident receives monetary compensation to provide monitoring, supervision or assistance or other services to the residents of the sober living home.
Sec. 13. Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.
2. "Board" means the board of fingerprinting.
3. "Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.
4. "Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
5. "Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.
6. "Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 8-804.
(h) Section 15-183.
(i) Section 15-503.
(j) Section 15-512.
(k) Section 15-534.
(l) Section 15-763.01.
(m) Section 15-782.02.
(n) Section 15-1330.
(o) Section 15-1881.
(p) Section 17-215.
(q) Section 28-3228.
(r) Section 28-3413.
(s) Section 32-122.02.
(t) Section 32-122.05.
(u) Section 32-122.06.
(v) Section 32-823.
(w) Section 32-1232.
(x) Section 32-1276.01.
(y) Section 32-1284.
(z) Section 32-1297.01.
(aa) Section 32-1904.
(bb) Section 32-1941.
(cc) Section 32-1982.
(dd) Section 32-2022.
(ee) Section 32-2063.
(ff) Section 32-2108.01.
(gg) Section 32-2123.
(hh) Section 32-2371.
(ii) Section 32-3430.
(jj) Section 32-3620.
(kk) Section 32-3668.
(ll) Section 32-3669.
(mm) Section 32-3922.
(nn) Section 32-3924.
(oo) Section 32-4222.
(pp) Section 32-4128.
(qq) Section 36-113.
(rr) Section 36-207.
(ss) Section 36-411.
(tt) Section 36-425.03.
(uu) Section 36-446.04.
(vv) Section 36-594.01.
(ww) Section 36-594.02.
(xx) Section 36-766.01.
(yy) Section 36-882.
(zz) Section 36-883.02.
(aaa) Section 36-897.01.
(bbb) Section 36-897.03.
(ccc) Section 36-2069.
(ccc) (ddd) Section 36-3008.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
Sec. 14. Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758. Definitions
In this article, unless the context otherwise requires:
1. "Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.
2. "Division" means the fingerprinting division in the department of public safety.
3. "Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title. For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4. "Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.
5. "Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 15-183.
(h) Section 15-503.
(i) Section 15-512.
(j) Section 15-534.
(k) Section 15-763.01.
(l) Section 15-782.02.
(m) Section 15-1330.
(n) Section 15-1881.
(o) Section 17-215.
(p) Section 28-3228.
(q) Section 28-3413.
(r) Section 32-122.02.
(s) Section 32-122.05.
(t) Section 32-122.06.
(u) Section 32-823.
(v) Section 32-1232.
(w) Section 32-1276.01.
(x) Section 32-1284.
(y) Section 32-1297.01.
(z) Section 32-1904.
(aa) Section 32-1941.
(bb) Section 32-1982.
(cc) Section 32-2022.
(dd) Section 32-2063.
(ee) Section 32-2108.01.
(ff) Section 32-2123.
(gg) Section 32-2371.
(hh) Section 32-3430.
(ii) Section 32-3620.
(jj) Section 32-3668.
(kk) Section 32-3669.
(ll) Section 32-3922.
(mm) Section 32-3924.
(nn) Section 32-4128.
(oo) Section 32-4222.
(pp) Section 36-113.
(qq) Section 36-207.
(rr) Section 36-411.
(ss) Section 36-425.03.
(tt) Section 36-446.04.
(uu) Section 36-594.01.
(vv) Section 36-594.02.
(ww) Section 36-766.01.
(xx) Section 36-882.
(yy) Section 36-883.02.
(zz) Section 36-897.01.
(aaa) Section 36-897.03.
(bbb) Section 36-2069.
(bbb) (ccc) Section 36-3008.
(ccc) (ddd) Section 41-619.52.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
6. "Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec. 15. Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01. Fingerprinting division; powers and duties
A. The fingerprinting division is established in the department of public safety and shall:
1. Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669,
32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-2069, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, and 41-4025, section 46-141, subsection A or B and section 46-321.
2. Issue fingerprint clearance cards. On issuance, a fingerprint clearance card becomes the personal property of the cardholder and the cardholder shall retain possession of the fingerprint clearance card.
3. On submission of an application for a fingerprint clearance card, collect the fees established by the board of fingerprinting pursuant to section 41-619.53 and deposit, pursuant to sections 35-146 and 35-147, the monies collected in the board of fingerprinting fund.
4. Inform in writing each person who submits fingerprints for a fingerprint background check of the right to petition the board of fingerprinting for a good cause exception pursuant to section 41-1758.03, 41-1758.04 or 41-1758.07.
5. If after conducting a state and federal criminal history records check the division determines that it is not authorized to issue a fingerprint clearance card to a person, inform the person in writing that the division is not authorized to issue a fingerprint clearance card. The notice shall include the criminal history information on which the denial was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
6. Notify the person in writing if the division suspends, revokes or places a driving restriction notation on a fingerprint clearance card pursuant to section 41-1758.04. The notice shall include the criminal history information on which the suspension, revocation or placement of the driving restriction notation was based. This criminal history information is subject to dissemination restrictions pursuant to section 41-1750 and Public Law 92-544.
7. Administer and enforce this article.
B. The fingerprinting division may contract for electronic or internet-based fingerprinting services through an entity or entities for the acquisition and transmission of applicant fingerprint and data submissions to the department, including identity verified fingerprints pursuant to section 15-106. The entity or entities contracted by the department of public safety may charge the applicant a fee for services provided pursuant to this article. The entity or entities contracted by the department of public safety shall comply with:
1. All information privacy and security measures and submission standards established by the department of public safety.
2. The information technology security policy approved by the department of public safety.
Sec. 16. Effective date
Section 36-2069, Arizona Revised Statutes, as added by this act, is effective six months after the effective date of this act.
