Fifty-fifth Legislature

First Regular Session

Senate: HHS DPA 6-2-0-0 | 3rd Read 28-2-0-0

House: HHS DP 9-0-0-0

SB 1388: behavioral health facilities; respite; exemptions

Sponsor:  Senator Barto, LD 15

Caucus & COW


Allows a behavioral health residential facility (BHRF) or an outpatient clinic (clinic) to provide respite care to a child without a medical history and physical examination and exempts the BHRF or clinic from specified licensure requirements if a child is only receiving respite services.


Respite care services are services provided by a licensed health care institution to people otherwise cared for in foster homes and in private homes to provide rest or relief of not more than 30 days to operators of foster homes or to family members (A.R.S. § 36-401).

Health care institutions are governed by certain rules in the Arizona Administrative Code. BHRFs and clinic administrators are required to ensure there is: 1) a documented discharge order by a medical practitioner or behavioral health professional before a resident is discharged; and 2) a discharge summary for a resident entered into the resident's medical record after the discharge (A.A.C. R9-10-709)

BHRF and clinic administrators are currently required to ensure counseling is offered in their scope of service and provided according to the frequency and number of hours identified in the resident's treatment plan (A.A.C. R9-10-716).

BHRF and clinic administrators must ensure policies and procedures for medication services include a process for providing information to a resident about medication prescribed for the resident, as well as procedures to ensure that a resident's medication regimen is reviewed by a medical practitioner to ensure the medication regimen meets the resident's needs (A.A.C. R9-10-718).

With the exception of provided outdoor behavioral health care programs, a registered dietitian or director of food services must ensure a food menu is posted at least one calendar day before the first meal on the food menu will be served (A.A.C. R9-10-719).


1.   Allows a BHRF or clinic to provide respite care to a child for increments of less than 5 consecutive days and not more than 12 days in a 90 day period without a medical history and physical examination. (Sec. 1)

2.   States that if a child is receiving only respite services, a BHRF or clinic is exempt from all of the following licensure requirements in relation to the child's respite stay:

a)   providing counseling services;

b)   providing a discharge order and summary;

c)   providing medication information to a child for whom medication assistance is required;

d)   requirements for a review of a child's medication regime by a medical practitioner;

e)   preparing and posting a food menu more than 24 hours in advance of food service; and

f) tuberculosis screening of the child. (Sec. 1)☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal Note

3.   Requires a respite care provider to be given a list of the child's medications and allergies and emergency contact information on the child's arrival. (Sec. 1)



6.   ---------- DOCUMENT FOOTER ---------

7.                     SB 1388

8.   Initials EB/IR         Page 0 Caucus & COW


10.  ---------- DOCUMENT FOOTER ---------