REFERENCE TITLE: accreditation prohibition; residential facilities; children





State of Arizona

House of Representatives

Fifty-fourth Legislature

First Regular Session





HB 2622


Introduced by

Representatives Butler: Thorpe





Amending section 36‑424, Arizona Revised Statutes; relating to health care institutions.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-424, Arizona Revised Statutes, is amended to read:

START_STATUTE36-424.  Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators

A.  Subject to the limitation limit prescribed by subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substantial compliance with the requirements of this chapter and the rules established pursuant to this chapter.  The director may prescribe rules regarding department background investigations into an applicant's character and qualifications.

B.  The director shall accept proof that a health care institution is an accredited hospital or is an accredited health care institution in lieu of all compliance inspections required by this chapter if the director receives a copy of the institution's accreditation report for the licensure period.  If the health care institution's accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the health care institution during the time period the department does not have a valid accreditation report for the health care institution. The director may not accept an accreditation report in lieu of any licensure or compliance inspection of a residential facility providing behavioral health services to children.

C.  On a determination by the director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements of this chapter, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules.  Any application for licensure under this chapter 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 health care institution is not adhering to the licensing requirements established pursuant to this chapter, the director may take action authorized by this chapter.  Any health care institution, including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.

D.  The director shall immediately report to the board of examiners of nursing care institution administrators information identifying that a nursing care institution administrator's conduct may be grounds for disciplinary action pursuant to section 36‑446.07. END_STATUTE