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ARIZONA STATE SENATE
Fifty-Fifth Legislature, First Regular Session
vulnerable persons; inspections; neglect
Purpose
Increases the penalty for improper, abusive treatment or neglect of a person with a developmental disability. Modifies frequency and communication requirements prescribed for Department of Economic Security (DES) visits to adult and child developmental homes.
Background
In Arizona, improper, abusive treatment or neglect of a person with a developmental disability is prohibited. Current statute defines abusive treatment as physical, emotional, and programmatic abuse. Physical abuse is the infliction of pain or injury to a client, including hitting, kicking, pinching, slapping, pulling hair or any sexual abuses to the client. Emotional abuse includes ridiculing or demeaning a client, making derogatory remarks to a client or cursing directed toward a client. Programmatic abuse is the use of an aversive stimuli technique that has not been approved as a part of such person's individual program plan and which is not contained in Arizona rules and regulations, including the isolation or restraint of a client (A.R.S. § 36-569).
Current statute
defines neglect as the intentional lack of attention to physical needs
of clients such as toileting, bathing, meals and safety. Neglect is the
intentional failure to report client health problems or changes in health
condition to an immediate supervisor or nurse. The definition of neglect
includes personnel sleeping on duty or abandoning their workstation.
Furthermore, neglect is the intentional failure to carry out prescribed
treatment plans for a client (A.R.S.
§ 36-569).
Individuals who violate standards of care by carrying out abusive treatments or negligence are guilty of a class 2 misdemeanor (A.R.S. § 36-569).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Increases, from a class 2 to a class 1 misdemeanor, the penalty for the improper, abusive treatment or neglect of a person with a developmental disability.
2. Expands the definition of neglect to include the intentional failure to:
a) 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; or
b) attempt to restore a client's health to equilibrium as soon as is reasonable considering the client's health problems or condition.
3. Requires DES to visit each adult developmental home and child developmental home without prior notice at least two times each calendar year.
4. Requires DES, during a visit to an adult or child developmental home, to first communicate with each resident, or the resident's representative if the resident is nonverbal, without the presence of the developmental home staff.
5. Requires DES to 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.
6. Requires the Office of the State Long-Term Care Ombudsman to:
a) visit each long-term care facility in Arizona without prior notice at least two times annually to speak with each resident, or the resident's representative if the resident is nonverbal, without the presence of the facility's staff;
b) 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.
7. Specifies that the prescribed biannual Ombudsman visits are in addition to any follow-up in response to a complaint.
8. Makes technical and conforming changes.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2021
CRS/AP/kja