SB 1300 — outpatient facilities; standards; discharge requirements

SB1300 - 551R - IS Ver       REFERENCESenate TITLE:Engrossed   outpatient facilities;

outpatient facilities;

discharge requirements         State of Arizona Senate Fifty-fifth Legislature First Regular Session     SBSENATE BILL 1300   Introduced by Senator Shope     AN ACT   Amending section 36‑405,36-405, Arizona Revised Statutes;

Section 1.  SectionSection 1. 36-405, Arizona Revised Statutes, is amended to read:

START_STATUTE36-405.  PowersSection and36-405, dutiesArizona ofRevised theStatutes, director A.  The director shall adopt rules to establish minimum standards and requirements for the construction, modification constructing, modifying and licensure of licensing health care institutions necessary to ensure the public health, safety and welfare.  The standards and requirements shall relate to the construction, equipment, sanitation, staffing for medical, nursing and personal care services, and recordkeeping pertaining to the administration of administering medical, nursing, behavioral health and personal care services, in accordance with generally accepted practices of health care.  The standards shall allow an outpatient surgical center to require that either an anesthesia provider who is licensedamended pursuant to titleread: 32, chapter 13, 15 or 17 or a physician who is licensed pursuant to title 32, chapter 13 or 17 remain present on the premises until all patients are discharged from the recovery room.  Except as otherwise provided in this subsection, the director shall use the current standards adopted by the joint commission on accreditation of hospitals and the commission on accreditation of the American osteopathic association or those adopted by any recognized accreditation organization approved by the department as guidelines in prescribing minimum standards and requirements under this section.

B.  TheSTART_STATUTE36-405. director, by rule, may:

1.  ClassifyPowers and subclassifyduties health care institutions according to character, size, range of services provided, medical or dental specialty offered, duration of care and standard of patient care required for the purposes of licensure.  Classes of health care institutions may include hospitals, infirmaries, outpatient treatment centers, health screening services centers and residential care facilities.  Whenever the director reasonablyA. deems distinctions in rules and standards to be appropriate among different classes or subclasses of health care institutions, the director may make such distinctions.

2.  PrescribeThe director shall adopt rules to establish minimum standards and requirements for determiningthe aconstruction, modification constructing, modifying and licensure of licensing health care institution'sinstitutions substantialnecessary complianceto ensure the public health, safety and welfare.  The standards and requirements shall relate to the construction, equipment, sanitation, staffing for medical, nursing and personal care services, and recordkeeping pertaining to the administration of administering medical, nursing, behavioral health and personal care services, in accordance with licensuregenerally requirements.accepted practices of health care.  The standards shall allow an outpatient surgical center to require that either an anesthesia provider who is licensed pursuant to title 32, chapter 13, 15 or 17 or a physician who is licensed pursuant to title 32, chapter 13 or 17 remain present on the premises until all patients are discharged from the recovery room.  Except as otherwise provided in this subsection, the director shall use the current standards adopted by the joint commission on accreditation of hospitals and the commission on accreditation of the American osteopathic association or those adopted by any recognized accreditation organization approved by the department as guidelines in prescribing minimum standards and requirements under this section.

3.  PrescribeB. the criteria for the licensure inspection process.

4.  PrescribeThe standardsdirector, forby therule, selectionmay: of selecting health care‑related demonstration projects.

5.  Establish1. nonrefundable application and licensing fees for health care institutions, including a grace period and a fee for the late payment of licensing fees, and fees for architectural plans and specifications reviews.

6.  EstablishClassify aand processsubclassify forhealth thecare departmentinstitutions according to notifycharacter, asize, licenseerange of theservices licensee'sprovided, licensingmedical feeor duedental date.specialty offered, duration of care and standard of patient care required for the purposes of licensure.

7.  EstablishClasses aof processhealth forcare ainstitutions licenseemay toinclude requesthospitals, ainfirmaries, differentoutpatient licensingtreatment feecenters, duehealth date,screening includingservices anycenters limitsand onresidential thecare numberfacilities. of requests by the licensee.

C.  TheWhenever director,the bydirector rule,reasonably shalldeems adoptdistinctions licensingin provisionsrules that facilitate the colocation and integrationstandards ofto outpatientbe treatmentappropriate centersamong thatdifferent provideclasses medical,or nursingsubclasses andof health‑related services with behavioral health servicescare consistentinstitutions, withthe articledirector 3.1may ofmake thissuch chapter.distinctions.

D.  Ninety2. percent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the health services licensing fund established by section 36‑414 and ten percent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund.

E.  SubsectionPrescribe B,standards paragraphfor 5determining of this section does not apply to a health care institutioninstitution's operatedsubstantial bycompliance awith statelicensure agencyrequirements. pursuant to state or federal law or to adult foster care residential settings.

3.

Prescribe the criteria for the licensure inspection process.

4.

Prescribe standards for the selection of selecting health care-related demonstration projects.

5.

Establish nonrefundable application and licensing fees for health care institutions, including a grace period and a fee for the late payment of licensing fees, and fees for architectural plans and specifications reviews.

6.

Establish a process for the department to notify a licensee of the licensee's licensing fee due date.

7.

Establish a process for a licensee to request a different licensing fee due date, including any limits on the number of requests by the licensee.

C.

The director, by rule, shall adopt licensing provisions that facilitate the colocation and integration of outpatient treatment centers that provide medical, nursing and health-related services with behavioral health services consistent with article 3.1 of this chapter.

D.

Ninety percent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

E.

Subsection B, paragraph 5 of this section does not apply to a health care institution operated by a state agency pursuant to state or federal law or to adult foster care residential settings.