SB1512 - 551R

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

Section 1. Section 36-569, Arizona Revised Statutes, is amended to read:

START_STATUTE36-569. Prohibitions; violation; classification; definitions

A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited.

B. A person who violates any provision of this section is guilty of a class 2 1 misdemeanor.

C. For the purposes of this section:

1. "Abusive treatment" means:

(a) Physical abuse by inflicting pain or injury to a client, . This includes including hitting, kicking, pinching, slapping, pulling hair or any sexual abuses.

(b) Emotional abuse, which includes including ridiculing or demeaning a client, making derogatory remarks to a client or cursing directed toward a client.

(c) Programmatic abuse, which is the use of means using an aversive stimuli technique that has not been approved as a part of such person's individual program plan and which that is not contained in the rules and regulations adopted pursuant to subsection B of section 36-561. This includes isolation or restraint of, subsection B, including isolating or restraining a client.

2. "Neglect" means:

(a) Intentional lack of attention to the physical needs of clients, such as toileting, bathing, meals and safety.

(b) Intentional failure to report client a client's health problems or changes in the client's health condition to the person's immediate supervisor or a nurse.

(c) Intentional failure to report a client's health problems or changes in the client's health condition to an immediate family member or the client's guardian, health care advocate or health care power of attorney within twenty-four hours.

(d) (e) Intentional failure to carry out a prescribed treatment plan for a client.

(f) Intentional failure to attempt to restore a client's health to equilibrium as soon as is reasonable considering the client's health problems or condition.

Sec. 2. Section 36-591, Arizona Revised Statutes, is amended to read:

START_STATUTE36-591. Adult developmental homes; child developmental homes; licensing; notification requirements; exception; semiannual inspections

A. An adult developmental home or child developmental home shall be licensed pursuant to this article.

B. Group homes, except for those described in subsection E of this section, shall be licensed for health and safety by the department of health services pursuant to section 36-132.

C. The division shall notify the department of health services of:

1. Service providers who that enter into contracts with the division for group homes or intermediate care facilities for individuals with intellectual disabilities.

2. Any violation of health and safety standards observed during monitoring visits.

D. The department of health services shall immediately notify the division:

1. When the license of a group home or intermediate care facility for individuals with intellectual disabilities license has been denied, suspended or revoked.

2. Of any other licensing action taken on a group home or intermediate care facility for individuals with intellectual disabilities by the department of health services.

3. Of substantiated complaints regarding health and safety.

E. The division shall ensure that state-operated residential settings that are owned or leased facilities operated by the division meet the same standards as group homes unless they are required to be licensed and certified as intermediate care facilities for individuals with intellectual disabilities pursuant to 42 Code of Federal Regulations part 483, subpart I. An intermediate care facility for individuals with intellectual disabilities that is operated by the division or a private entity is required to be licensed pursuant to chapter 4 of this title and certified pursuant to 42 Code of Federal Regulations part 483, subpart I.

F. The department shall annually visit each adult developmental home and child developmental home without prior notice at least two times each calendar year and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. During each visit, the department shall first communicate with each resident, or the resident's representative if the resident is nonverbal, without the presence of the developmental home staff. the department shall then request that the developmental home's staff check the resident's vital signs and assist the resident with movement, if necessary, to assess for bruising, broken bones, bed sores and any other signs of abuse or neglect that may be necessary in making a report.

G. The department shall take any action it deems necessary to carry out the duties imposed by this section, including the denial of denying the application for licensure and the suspension suspending or revocation revoking of the home's license. END_STATUTE

Sec. 3. Section 46-452.02, Arizona Revised Statutes, is amended to read:

START_STATUTE46-452.02. Long-term care ombudsman; duties; immunity from liability

A. A representative of the office of the state long-term care ombudsman who performs the official duties of the long-term care ombudsman shall is not be liable under state law for the good faith performance of official duties.

B. Official duties of the office of the state long-term care ombudsman include authority to:

1. Enter long-term care facilities to communicate with residents.

2. Hear, investigate and attempt to resolve complaints by agreement, mediation or conciliation.

3. Render advice to residents of facilities.

4. Refer cases involving abuse, neglect, exploitation or health and safety to adult protective services or the appropriate licensing agency.

5. Make appropriate referrals to legal services or other community services.

6. Assume such other responsibilities as required pursuant to the older Americans act of 1965, as amended (P.L. 100175, sec. 307 (A) (12) 100-175; 42 United States Code 3027(A) (12) section 3027(a)(12)).

C. The office of the state long-term care ombudsman shall:

1. Visit each long-term care facility in this state without prior notice at least two times each calendar year to speak with each resident, or the resident's representative if the resident is nonverbal, without the presence of the facility's staff. The requirements of this paragraph are in addition to any follow-up in response to a complaint.

2. After meeting with the resident or the resident's representative, request that the facility's licensed health care provider check the resident's vital signs and assist the resident with movement, if necessary, to assess for bruising, broken bones, bed sores and any other signs of abuse or neglect that may be necessary in making a report.

C. D. Official duties of the office of the state long-term care ombudsman do not include activities performed by a licensed health care provider as defined in section 12-561. END_STATUTE