ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
behavioral health facilities; respite; exemptions
Permits a behavioral health residential facility (BHRF) or outpatient clinic (clinic) to provide respite care as prescribed without a medical history or examination and exempts such BHRFs and clinics from specified licensure requirements in relation to a child's respite stay.
Current statute defines respite care as short-term care and supervision services that are provided to an individual to relieve the individual's caregiver (A.R.S. § 46-171). Respite care, by nature, is temporary.
In Arizona, BHRFs and clinics are required to uphold specified licensure requirements as prescribed in statute and the Arizona Administrative Code. Current rules dictate that BHRFs and clinics are not required to conduct a medical history and physical examination for a child who is admitted or expected to be admitted to a BHRF for less than 10 days in a 90-consecutive-day period (A.A.C. R9-10-707). BHRF and clinic administrators are required to ensure that all discharged residents, including those in respite care, are provided with a developed and personalized discharge order and summary (A.A.C. R9-10-709).
Current rules require that counseling is offered and provided to any patient, including those in respite care, in accordance with the frequency identified in the resident's treatment plan. Additionally, BHRFs and clinics are required to ensure that counseling is tailored to address a specific type of behavioral health issue. Each counseling session must be documented in a resident's medical record (A.A.C. R9-10-716).
Both BHRFs and clinics must adhere to requirements for medication services. Medication services are required to include a process for providing information to a resident about prescribed medication. Furthermore, BHRFs and clinics must ensure that a resident's medication regimen is reviewed by a medical practitioner to confirm the medication meets the resident's needs (A.A.C. R9-10-718).
In addition to medical treatments and requirements, clinics and BHRFs are required to establish a food menu at least one week in advance that is conspicuously posted at least one calendar day before the first meal, includes food substitutions no later than the morning of the day of meal service and is maintained for at least 60 calendar days after the last day included in the food menu. These meal requirements currently extend to patients in respite care regardless of the length of the patient's stay (A.A.C. R9-10-719).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
1. Allows BHRFs and clinics to provide respite care to a child for increments of fewer than 5 consecutive days, and not more than 12 days in a 90-day period, without a medical history or physical examination.
2. Exempts BHRFs and clinics from the following requirements in relation to a child who is only receiving respite care services:
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) reviewing a child's medication regimen;
e) preparing and posting a food menu more than 24 hours in advance; and
f) performing a tuberculosis screening of the child.
3. Necessitates that a respite care provider be given a list of a child's medications, allergies and emergency contact information upon the child's arrival.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Exempts specified BHRFs and clinics from the tuberculosis screening requirement for children receiving respite care.
2. Requires that respite care providers be provided with a list of a child's medications, allergies and emergency contact information.
Amendments Adopted by Committee of the Whole
1. The Committee of the Whole substituted the committee amendment for a floor amendment.
2. Exempts specified BHRFs and clinics from certain licensure requirements, including the tuberculosis screening and medication regimen review requirement, for specified children receiving respite care.
3. Requires that respite care providers be provided with a list of a child's medications, allergies and emergency contact information.
HHS 2/3/21 DPA 6-2-0
Prepared by Senate Research
February 17, 2021