Bill Text: AZ SB1605 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Sober living; regulation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-06 - Senate read second time [SB1605 Detail]
Download: Arizona-2024-SB1605-Introduced.html
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REFERENCE TITLE: sober living; regulation |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1605 |
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Introduced by Senator Hatathlie
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An Act
amending section 36-2062, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2062.01 and 36-2062.02; amending sections 36-2063 and 36-2066, Arizona Revised Statutes; amending title 36, chapter 18, article 4, Arizona Revised Statutes, by adding sections 36-2068, 36-2069 and 36-2070; 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. Section 36-2062, Arizona Revised Statutes, is amended to read:
36-2062. Licensure; standards; civil penalties; 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 maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.
4. Policies and procedures for discharge planning of persons living in the residence that do not negatively impact the surrounding community.
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 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 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 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 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 for the notification of notifying a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose.
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 civil penalties as prescribed in section 36-2063 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.
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 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 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. 2. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2062.01 and 36-2062.02, to read:
36-2062.01. Fingerprinting requirements
as a condition of licensure or continued licensure of a sober living home and as a condition of employment in a sober living home, employees and owners of sober living homes, contracted persons of sober living homes and volunteers of sober living homes shall both:
1. submit a full set of fingerprints to the department of HEALTH services for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. The department of health services may charge the cost of each criminal background check to the applicant.
2. Have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1.
36-2062.02. Staff education and training; staff ratios; supervision
A. The department shall establish by rule annual continuing education and training requirements for employees, volunteers and contractors who work in sober living homes, including peer support specialists and behavioral health technicians.
B. A sober living home shall maintain a staff ratio of two staff members, who provide monitoring or assistance to residents at the sober living home, for every six residents.
C. A staff member who is an employee of the sober living home and who provides monitoring or assistance to residents of the sober living home must supervise the sober living home twenty-four hours a day.
Sec. 3. Section 36-2063, Arizona Revised Statutes, is amended to read:
36-2063. Fees; licensure; inspections; investigation; violation; classification; civil penalty; sanctions
A. The department shall establish fees for initial licensure and license renewal 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, the director and any duly designated employee or agent of the director may shall 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 under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application 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 shall take action authorized by this article.
C. 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 the license. If a sober living home license is revoked in this state or any other state, the licensee of the sober living home whose license was revoked may not reapply for any license issued pursuant to this title for a period of at least five years.
D. A sober living home that operates in this state without a license in violation of this article is guilty of a class 6 felony and the director shall assess a civil penalty of at least $5,000 and not more than $10,000 for each violation. Each day the sober living home operates without a license is a separate violation.
C. E. The director may shall impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of at least $5,000 and not more than five hundred dollars $10,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may shall 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 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. F. 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.
E. G. The department may contract with a third party to assist the department with licensure and inspections.
Sec. 4. Section 36-2066, Arizona Revised Statutes, is amended to read:
36-2066. Posting; sober living homes; update
The department shall post on its public website the name, address, and telephone number, department-issued license number, local jurisdiction business license number and licensure status of each certified and licensed sober living home in this state and shall update the list quarterly. The department may not disclose the address of a certified or licensed sober living home except to a local jurisdiction for zoning purposes, local law enforcement and emergency personnel. A sober living home's address is not a public record and is not subject to title 39, chapter 1, article 2.
Sec. 5. Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2068, 36-2069 and 36-2070, to read:
36-2068. Resident acceptance; notification of family; conditions for transportation
A. At the time of accepting a resident into a sober living home, the sober living home shall notify the resident's family or next of kin within seventy-two hours after accepting the resident. The notification shall be documented in the resident's record.
B. A sober living home may not coordinate, facilitate, arrange for or solicit transportation of a person to the sober living home if the person is intoxicated or under the influence of alcohol or other substances, unless the person is referred by an approved provider of a tribal health care program or a regional behavioral health authority or is court-ordered.
36-2069. Resident discharge; transportation; documentation
A sober living home shall inquire, both verbally and in writing, whether a resident wants to be transported to the resident's place of residence or an alternative safe living space in this state as requested by the resident after discharge from the sober living home. The resident's wishes regarding transportation shall be documented on a form prescribed by the department of health services, signed by the resident and retained in the resident's record. The sober living home shall ensure safe and reliable transportation, as determined by the department of health services, for a resident who wishes to be transported to the resident's place of residence or an alternative safe living space in this state as requested by the resident on discharge.
36-2070. Notification requirements; rules; sex offender registration
A. A manager or staff of a sober living home shall notify the department, in a department-provided format, immediately and not more than six hours after any of the following occurs:
1. The death of a resident, including whether the death may have been drug-related.
2. A resident needed immediate intervention by an Emergency medical provider or other health care provider for a possible overdose or other drug or alcohol-related illness.
3. A sex-related crime may have been committed at the sober living home.
4. Any other incident specified in rule by the department.
B. Sober living home managers and staff may not have a personal or intimate relationship with a resident of the sober living home.
C. The manager or staff of a sober living home shall contact law enforcement if the manager or staff is informed that a resident of the sober living home may have been involved in a sex-related crime.
D. A sober living licensee shall ensure that any resident of the licensee's sober living home who is required to register pursuant to section 13-3821 registers within the statutorily required time frame after admission to the sober living home.
Sec. 6. 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 36-2062.01.
(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.
(lll) (mmm) Section 46-321.
Sec. 7. 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 36-2062.01.
(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. 8. 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, 36-2062.01, 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. 9. Rulemaking exemption; intent
A. Notwithstanding any other law, for the purposes of this act and amending the rules relating to sober living homes, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, through June 30, 2025.
B. The legislature intends for the department of health services to review and amend the rules for sober living homes to ensure that there are adequate and proper requirements for staffing, care and oversight.
