State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2324: community health workers; voluntary certification

PRIME SPONSOR: Representative Carter, LD 15

BILL STATUS: Senate Engrossed

              Senate 3rd Read: 24-6-0-0

Legend: Advisory Council – Community Health Workers Advisory Council ADHS – Arizona Department of Health Services AHCCCS – Arizona Health Care Cost Containment System CHW – Community Health Worker COR – Committee of Reference Director – Director of ADHS Amendments – BOLD and Stricken (Committee)

 

 

 

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to certification and community health workers.

Provisions

Certification

1.       Allows a CHW to be voluntarily certified by ADHS if statutory requirements are met.

2.       Requires the Director to certificate a CHW if all qualifications are met and applicable fees are paid.

3.       States that a certificate is valid for two years and may be renewed every two years if the CHW applies to ADHS and pays a fee.

a.       Renewal applications must be filed at least 30-60 days prior to the expiration of a current license.

4.       Requires the Director to adopt rules relating to CHWs which:

a.       Outline a scope of practice;

b.       Prescribe core competencies;

c.        Outline minimum qualifications, including education and training requirements;

d.       Provide standards and requirements for the approval of continuing education and programs for certificate renewal.

e.       Establish qualifications for a CHW trainer; and

f.         Provide criteria for certificate denial, suspension or revocation.

5.       Permits the Director to adopt rules regarding:

a.       Administration and enforcement; and

b.       Reciprocity agreements.

6.       Requires the Director to waive minimum training and education requirements for applicants that provide proof of at least 960 hours of experience providing CHW services in the core competencies during the previous three years in a health care facility or in the service of an AHCCCS provider or contractor.

Enforcement

7.       Allows the Director to deny, suspend or revoke a certificate if a CHW:

a.       Violates rule or statute;

b.       Has been convicted of a felony or misdemeanor involving moral turpitude; or

c.        Engages in detrimental behavior.

8.       Permits ADHS to deny, suspend or revoke a certificate without holding a hearing.

9.       Allows an applicant to request a hearing regarding the denial, suspension or revocation of a certificate.

a.       Stipulates that ADHS must hold a hearing with the Office of Administrative Hearings, if the applicant makes a request.

10.   Stipulates that if the Director determines that grounds exist to deny, suspend or revoke a certificate, the Director may:

a.       Deny, suspend or revoke a certificate permanently or for a fixed period of time; or

b.       Impose conditions as established in rule.

11.   Permits the Director to;

a.       Investigate information concerning a possible violation; and

b.       Examine and copy evidence;

12.   States that a CHW employed by a tribe who violates rule or statute is under tribal jurisdiction and any punishment handed out by a tribe is considered a final decision.

Miscellaneous

13.   Requires the Director to establish certification fees by rule that are similar to fees charged to hearing aid dispensers, audiologists and speech language pathologists.

a.       Requires certification fees to be deposited in a segregated account in the Health Services Licensing Fund.

14.   Asserts that a CHW is not required to be certified by ADHS to work as a CHW.

15.   Prohibits the state or any political subdivision from providing a preference in awarding a public contract for services provided by a CHW or an entity that employs CHWs.

16.   Establishes the nine-member Advisory Council and outlines its membership.

17.   Requires the Advisory Council to make recommendations regarding:

a.       Core competencies;

b.       Education and training qualifications;

c.        Education and training program standards and requirements;

d.       Criteria for continuing education;

e.       Standards for educators;

f.         Metrics to measure CHW competency for certification;

g.       Standards for unprofessional conduct; and

h.       Any of the Director's requests. (Sec. 2)

18.   Repeals the Advisory Council on January 1, 2023.

19.   Defines terms.

 

Additional Information

The Arizona Community Health Workers Association submitted a sunrise application for consideration by the Senate Health and Human Services and House Health COR. The COR met on November 27, 2017 and approved the application.

 

 

 

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Fifty-third Legislature                  HB 2324

Second Regular Session                               Version 4: Senate Engrossed

 

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