ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fourth Legislature

Second Regular Session

House: PS DPA 7-0-0-0 I APPROP DPA 10-1-0-0

HB 2879: DOC; substance abuse programs; appropriations

Sponsor:  Representative Roberts, LD 11

House Engrossed

Overview

Appropriates monies for substance abuse counseling and treatment for prisoners and establishes the Substance Abuse Treatment Provider Loan Repayment Fund.

History

The Medical Marijuana Fund (MMF) was established and consists of fees collected, civil penalties imposed and private donations received. The director of the Arizona Department of Health Services may accept and spend grants, gifts, donations and contributions and the monies in the fund do not revert to the state General Fund at the end of each fiscal year (A.R. S. § 36-2817).

The Arizona Medical Marijuana Initiative, also known as Proposition 203, was on the ballot and voted by Arizona voters on November 2, 2010.

Provisions

1.    ☒ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteEstablishes the Substance Abuse Treatment Provider Loan Repayment Fund (Fund) that is administered by the Arizona Department of Health Services (DHS). (Sec. 1)

2.    States the monies in the Fund are subject to legislative appropriations and exempt from lapsing. (Sec. 1)

3.    Directs DHS to use the monies in the Fund to provide grants to defray a portion of the outstanding educational loan payment obligation of medical professionals who provide substance abuse treatment or counseling in Arizona correctional facilities. (Sec. 1)

4.    Requires DHS to prescribe the application and eligibility requirements for the grants and exempts DHS from the procurement code and statute related to the solicitation and award of grants. (Sec. 1)

5.    Outlines the priority in which DHS must awards grants. (Sec. 1)

6.    States that a qualified grant recipient who provides an average of more than 30 hours of substance abuse and treatment or counseling per week in a month is eligible to receive up to $1,500 in award monies to defray the recipients educational loan payment obligation for that month. (Sec. 1)

7.    States that a qualified grant recipient who provides an average of more than 20-29 hours of substance abuse and treatment or counseling per week in a month is eligible to receive up to $750 in award monies to defray the recipients educational loan payment obligation for that month. (Sec. 1)

8.    Prohibits a qualified grant recipient to receive an award amount that exceeds the recipients total educational loan payment obligation for the month. (Sec. 1)

9.    Directs DHS, by October 1 of each year, to submit a report to the Joint Legislative Budget Committee on each grant awarded during the previous fiscal year. (Sec. 1)

10.  Requires nonprofit medical marijuana dispensaries to do the following on a date determined by the Department of Health Services (DHS), rather than beginning November 1, 2020:

a)    test marijuana and marijuana products for medical use to determine unsafe levels;

b)    provide test results to patients and caregivers and display the rights to receive certified test results; and

c)    be subject to product testing. (Sec. 2)

11.  Removes herbicides from the list of items nonprofit medical marijuana dispensaries must test in marijuana and marijuana products for unsafe levels. (Sec. 2)

12.  Requires a dispensary to have a single secure entry for qualified patients and caregivers, instead of a single secure entrance. (Sec. 3)

13.  Permits DHS, beginning July 1, 2021, to visit and inspect a dispensary at any time during regular business hours and requires DHS to make one unannounced visit annually. (Sec. 3)

14.  Requires the Arizona Department of Corrections (ADC), only after all costs incurred to implement, carry out and enforce the Medical Marijuana Act are paid and if there are monies available, to transfer the following monies each year from the MMF:

a)    $2,000,000 to the Substance Abuse Treatment Provider Loan Repayment Fund;

b)    $5,000,000 to ADC to provide substance abuse counseling and treatment to prisoners in the custody of ADC;

c)    $1,000,000 to ADC to hire at least one employment specialist at each prison operated by ADC; and

d)    $125,000 to the Arizona Health Care Cost Containment System to establish a reach-in program of coordinated care on release from prison for prisoners who were convicted of drug possession. (Sec. 4)

15.  States ADC must prioritize substance abuse counseling and treatment for prisoners who receive earned release credits. (Sec. 4)

16.  Requires ADC to submit an expenditure plan for JLBC to review before spending any money transferred to ADC in a fiscal year. (Sec. 4)

17.  Requires ADC to submit a report, by October 1 of each year, to JLBC on the outcomes achieved by:

a)    The substance abuse counseling and treatment during the previous fiscal year;

b)    The employment services provided during the previous fiscal year; and

c)    The reach-in program provided during the previous fiscal year. (Sec. 4)

18.  Exempts DHS from rulemaking requirements for 18 months after the effective date of this act. (Sec. 5)

19.  Contains a purpose statement for the legislation. (Sec 6)

20.  Contains a Proposition 105 clause. (Sec. 7)

21.  Makes technical and conforming changes. (Sec. 2)

 

 

 

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                  HB 2879

Initials ES  Page 0 House Engrossed

 

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