Arizona 56th Legislature - Second Regular Session Status: Passed Senate 3 R cosponsors

SB 1361 — sober living homes

Last action — Transmit to Senate

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

410 added · 950 removed

Plain-language change summary

The recent changes to Senate Bill 1361 include the introduction of new regulations for sober living homes, specifically aimed at preventing unethical practices such as patient brokering. The bill now makes it illegal for sober living homes and similar facilities to pay for referrals or accept payments for enrolling patients, making it clearer and stricter on accountability within substance use treatment services. This matters because it aims to protect patients from exploitation and ensure they receive proper care without the influence of financial incentives.

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House Engrossed Senate Bill sober living homes State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1361 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.14;
Senate Engrossed sober living homes State of Arizona Senate Fifty-sixth Legislature Second Regular Session SENATE BILL 1361 AN ACT AMENDING SECTIONS 13-3730, 36-2061 AND 36-2062, ARIZONA REVISED STATUTES;
AMENDING SECTIONS 13-3730, 36-431.01, 36-2061 AND 36-2062, ARIZONA REVISED STATUTES;
AMENDING SECTIONS 36-2063, 36-2064, 36-2065, 36-2066 AND 36-2067, ARIZONA REVISED STATUTES;
AMENDING SECTION 36-2063, ARIZONA REVISED STATUTES;
AMENDING TITLE 36, CHAPTER 18, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 36-2068 AND 36-2069;
REPEALING SECTION 36-2064, ARIZONA REVISED STATUTES;
AMENDING SECTIONS 41-619.51, 41-1758 AND 41-1758.01, ARIZONA REVISED STATUTES;
AMENDING SECTIONS 36-2065, 36-2066 AND 36-2067, ARIZONA REVISED STATUTES;
Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.14, to read:
9-462.14.
Sober living homes;
distance and operation requirements;
deviation procedure;
prohibition;
definition A.
IF A MUNICIPALITY HAS A ZONING ORDINANCE THAT RESTRICTS THE DISTANCE BETWEEN SOBER LIVING HOMES OR THAT ENACTS BUILDING OR FIRE CODE REQUIREMENTS FOR THE OPERATION OF SOBER LIVING HOMES, THE MUNICIPALITY SHALL ESTABLISH A PROCEDURE IN WHICH A DEVIATION FROM THE REQUIREMENT MAY BE GRANTED AS A REASONABLE ACCOMMODATION UNDER THE FAIR HOUSING ACT (P.L.
90-284;
82 STAT.
81;
42 UNITED STATES CODE SECTION 3604).
B.
A MUNICIPALITY MAY NOT RECLASSIFY A SINGLE-FAMILY HOME UNDER A LOCAL BUILDING OR FIRE CODE SOLELY BECAUSE THE SINGLE-FAMILY HOME IS THE SUBJECT OF A LICENSE APPLICATION FOR A SOBER LIVING HOME.
C.
FOR THE PURPOSES OF THIS SECTION, "SOBER LIVING HOME" HAS THE SAME MEANING PRESCRIBED IN SECTION 36-2061.
Sec.
2.
It is unlawful for a person, including a health care provider, BEHAVIORAL HEALTH PROFESSIONAL, health care facility INSTITUTION or sober living home, when only providing or offering substance use disorder services, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:
It is unlawful for a person, including a health care provider, health care facility or sober living home, when only providing or offering substance use disorder services, to offer, pay, solicit or receive any commission, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in any split-fee arrangement, in any form whatsoever, in return for either:
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3.
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3.
Section 36-431.01, Arizona Revised Statutes, is amended to read:
36-431.01.
Violations;
civil penalties A.
The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not to exceed five hundred dollars MORE THAN $500 for each violation.
Each day that a violation occurs constitutes a separate violation.
B.
The director may issue a notice of assessment that shall include the proposed amount of the assessment.
A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10.
When an assessment is appealed, the director shall take no further action to enforce and collect the assessment until after the hearing.
C.
In determining the AMOUNT OF THE civil penalty pursuant to subsection A of this section, the department shall consider the following:
1.
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Repeated violations of statutes or rules.
Patterns of noncompliance.
3.
Types of violations.
4.
THE severity of violations.
5.
THE potential for and occurrences of actual harm.
6.
Threats to health and safety.
7.
THE number of persons affected by the violations.
8.
THE number of violations.
9.
THE size of the facility.
10.
THE length of time that the violations have been occurring.
D.
Pursuant to interagency agreement specified in section 36-409, the director may assess a civil penalty, including interest, in accordance with 42 United States Code section 1396r.
A person may appeal this assessment by requesting a hearing before the director in accordance with subsection B of this section.
Civil penalty amounts may be established by rules adopted by the director that conform to guidelines or regulations adopted by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1396r.
E.
Actions to enforce the collection of penalties assessed pursuant to subsections A and D of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.
F.
Penalties assessed under subsection D of this section are in addition to and not in limitation of other penalties imposed pursuant to this chapter.
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1361 subsection D of this section shall be deposited, PURSUANT TO SECTIONS 35-146 AND 35-147, in the nursing care institution resident protection revolving fund established by section 36-431.02.
The director shall use these monies for the purposes prescribed by 42 United States Code section 1396r, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of the deficiencies or closure and reimbursement of residents for personal monies lost.
G.
The department shall transmit DEPOSIT penalties assessed under subsection A of this section to IN the state general fund.
Sec.
4.
"ASSISTANCE OR ACTIVITY DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER" INCLUDES A SUPERVISED, MONITORED OR PEER-LED ENVIRONMENT DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER.
"Certifying organization" means an organization that certifies homes as sober living homes and is affiliated with a national organization recognized by the department whose primary function is to improve access to and the quality of sober living residences through standards, education, research and advocacy.
2.
"Certifying organization" means an organization that certifies homes as sober living homes and is affiliated with a national organization recognized APPROVED by the department whose primary function is to improve access to and the quality of sober living residences through standards, education, research and advocacy.
3.
"CLOSE FRIEND" MEANS ANY INDIVIDUAL WHOSE CLOSE ASSOCIATION WITH THE PERSON IS THE EQUIVALENT OF A FAMILY RELATIONSHIP.
4.
2.
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5.
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6.
ANY PREMISES, PLACE OR DWELLING UNIT OR PERSON THAT PROVIDES ANY PREMISES, PLACE OR DWELLING UNIT THAT MEETS AT LEAST ONE OF THE FOLLOWING:
"SERVICE OR TREATMENT DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER" INCLUDES PROVIDING OR ARRANGING TRANSPORTATION TO OR FROM ANY SERVICE, TREATMENT OR ACTIVITY DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER.
(a) PROVIDES HOUSING THAT PROVIDES OR ARRANGES FOR RESIDENTS TO RECEIVE ANY SERVICE OR ACTIVITY FOR RECOVERY FROM ANY SUBSTANCE USE DISORDER, INCLUDING FULL-TIME OR PART-TIME SUPERVISION, OBSERVATION, OVERSIGHT OR TRANSPORTATION TO OR FROM ANY SERVICE, TREATMENT OR ACTIVITY DIRECTED PRIMARILY TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER.
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(b) ADVERTISES, MARKETS, HOLDS ITSELF OUT OR OTHERWISE IMPLIES THROUGH ANY MEANS, INCLUDING ORAL, WRITTEN, ELECTRONIC OR PRINTED MEANS, THAT IT PROVIDES OR WILL PROVIDE A LIVING ENVIRONMENT DIRECTED PRIMARILY TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER.
1361 7.
(c) PROVIDES ALCOHOL-FREE AND DRUG-FREE HOUSING IN A FULL-TIME OR PART-TIME SUPERVISED LIVING ENVIRONMENT FOR INDIVIDUALS RECOVERING FROM ANY SUBSTANCE USE DISORDER.
"SOBER LIVING HOME":
(a) MEANS ANY PREMISES, PLACE OR DWELLING UNIT, OR ANY PERSON THAT PROVIDES ANY PREMISES, PLACE OR DWELLING UNIT, THAT MAY PROVIDE VERIFICATION OF ABSTINENCE AND THAT DOES AT LEAST ONE OF THE FOLLOWING:
(i) PROVIDES ALCOHOL-FREE AND DRUG-FREE HOUSING IN A SUPERVISED, MONITORED OR PEER-LED ENVIRONMENT FOR INDIVIDUALS WHO ARE IN RECOVERY OR SEEKING RECOVERY FROM ANY SUBSTANCE USE DISORDER.
(ii) ADVERTISES, MARKETS, HOLDS ITSELF OUT OR OTHERWISE IMPLIES THROUGH ANY MEANS, INCLUDING ORAL, WRITTEN, ELECTRONIC OR PRINTED MEANS, THAT IT PROVIDES OR WILL PROVIDE A LIVING ENVIRONMENT DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER, INCLUDING HOUSING THAT PROVIDES OR ARRANGES FOR RESIDENTS TO RECEIVE ANY ASSISTANCE OR ACTIVITY DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER AND HOUSING THAT ARRANGES FOR RESIDENTS TO RECEIVE ANY SERVICE OR TREATMENT DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE USE DISORDER.
(b) DOES NOT INCLUDE:
(i) ANY PREMISES, PLACE OR DWELLING UNIT THAT IS LICENSED TO PROVIDE ON-SITE MEDICAL SERVICES, BEHAVIORAL HEALTH SERVICES OR MEDICATION ADMINISTRATION.
(ii) ANY PERSON WHO PROVIDES A PREMISES, PLACE OR DWELLING UNIT DIRECTED TOWARD RECOVERY FROM ANY SUBSTANCE ABUSE DISORDER EXCLUSIVELY TO RESIDENTS WHO ARE RELATED TO THE PERSON BY AFFINITY OR CONSANGUINITY OF THE FIRST OR SECOND DEGREE, AN INDIVIDUAL WHO IS A CLOSE FRIEND OF THE PERSON OR INDIVIDUALS FOR WHOM THE PERSON SERVES AS A LEGAL GUARDIAN, AND THE PERSON IS NOT OPERATING THE PREMISES, PLACE OR DWELLING UNIT AS A BUSINESS AND DOES NOT REQUIRE, COLLECT OR RECEIVE ANY FORM OF COMPENSATION FOR PROFIT FROM THE RESIDENTS, INCLUDING INSURANCE OR RENT.
(iii) ANY HOUSING FOR PERSONS IN RECOVERY FROM SUBSTANCE USE DISORDERS THAT IS SELF-RUN, SELF-SUPPORTED, ALCOHOL AND DRUG FREE, CHARTERED AND MONITORED BY A NATIONALLY RECOGNIZED NONPROFIT CREDENTIALING ENTITY, ESTABLISHED IN ACCORDANCE WITH 42 UNITED STATES CODE SECTION 300x-25 AND HELD TO THE STANDARDS OF THAT NATIONALLY RECOGNIZED NONPROFIT CREDENTIALING ENTITY.
5.
3.
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1361 1.
2.
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Policies and procedures for the residence to MEET THE REQUIREMENT THAT THE SOBER LIVING HOME maintain an environment that promotes THE RECOVERY, HEALTH AND SAFETY OF RESIDENTS AND the safety of the surrounding neighborhood and the community at large.
Policies and procedures for the residence to A REQUIREMENT THAT THE SOBER LIVING HOME maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.
Policies and procedures for discharge planning of persons living in the residence SOBER LIVING HOME that do not negatively impact the surrounding community, INCLUDING POLICIES AND PROCEDURES TO BE IMPLEMENTED IF A LICENSE IS SUSPENDED OR REVOKED.
Policies and procedures for discharge planning of persons living in the residence SOBER LIVING HOME that do not negatively impact the surrounding community, INCLUDING POLICIES AND PROCEDURES TO IMPLEMENT IF A LICENSE IS SUSPENDED OR REVOKED OR A CEASE AND DESIST NOTICE IS ISSUED.
Policies requiring AND PROCEDURES THAT REQUIRE THE SOBER LIVING HOME TO MAINTAIN AN ENVIRONMENT THAT IS FREE FROM ALCOHOL AND ILLEGAL SUBSTANCES AT ALL TIMES AND THAT REQUIRE abstinence from alcohol and illicit drugs.
Policies requiring A REQUIREMENT THAT THE SOBER LIVING HOME MAINTAIN AN ENVIRONMENT THAT IS FREE FROM ALCOHOL AND ILLEGAL SUBSTANCES AT ALL TIMES AND REQUIRE abstinence from alcohol and illicit drugs.
Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance - 5 - S.B.
Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.
1361 benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.
16.
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Requirements POLICIES AND PROCEDURES for the notification of NOTIFYING THE DEPARTMENT AND a family member or other emergency contact designated by a resident under certain circumstances, including death, due to an PERMANENT OR SEVERE HARM AND overdose.
1361 16.
17.
Requirements for the notification of NOTIFYING a family member or other emergency contact designated by a resident under certain circumstances, including death due to an overdose.
POLICIES AND PROCEDURES FOR PROVIDING ACTIVITIES THAT PROMOTE INDEPENDENT LIVING AND LIFE SKILLS DEVELOPMENT.
18.
POLICIES AND PROCEDURES FOR PROVIDING ACTIVITIES DIRECTED PRIMARILY TOWARD RECOVERY FROM SUBSTANCE USE DISORDERS.
THE SOBER LIVING HOME SHALL OBTAIN AND MAINTAIN CURRENT DOCUMENTATION FROM THE LOCAL JURISDICTION VERIFYING COMPLIANCE WITH ALL LOCAL ZONING, BUILDING, FIRE AND LICENSING ORDINANCES AND RULES.
THE APPLICATION FOR LICENSURE SHALL REQUIRE THE SOBER LIVING HOME TO OBTAIN WRITTEN ADMINISTRATIVE CLEARANCE FROM THE LOCAL JURISDICTION WHERE THE SOBER LIVING HOME IS LOCATED VERIFYING COMPLIANCE WITH ALL LOCAL ZONING, BUILDING, FIRE AND LICENSING ORDINANCES.
THE SOBER LIVING HOME SHALL PROVIDE DOCUMENTATION TO THE DEPARTMENT ON REQUEST, IN THE APPLICATION FOR AN INITIAL LICENSE AND WHEN REQUESTING APPROVAL FOR ANY PROPOSED CHANGE IN THE MAXIMUM NUMBER OF RESIDENTS OR ANY CONSTRUCTION OR MODIFICATION TO THE SOBER LIVING HOME.
THE NAME AND CONTACT INFORMATION OF THE DESIGNATED EMPLOYEE OF THE LOCAL JURISDICTION WHO IS AUTHORIZED TO PROVIDE THE REQUIRED ADMINISTRATIVE CLEARANCE PURSUANT TO THIS SUBSECTION SHALL BE POSTED ON THE LOCAL JURISDICTION'S WEBSITE OR THE WEBSITE OF AN ASSOCIATION REPRESENTING THE LOCAL JURISDICTION IF THE LOCAL JURISDICTION DOES NOT HAVE A WEBSITE.
THE DEPARTMENT SHALL IDENTIFY ON EACH LICENSE THE MAXIMUM NUMBER OF RESIDENTS WHO ARE ALLOWED TO LIVE IN THE SOBER LIVING HOME, INCLUDING ANY MANAGER OR OTHER STAFF LIVING ON THE PREMISES.
THE DEPARTMENT SHALL IDENTIFY ON EACH LICENSE THE MAXIMUM NUMBER OF UNRELATED RESIDENTS WHO ARE ALLOWED TO LIVE IN THE SOBER LIVING HOME, INCLUDING ANY MANAGER OR OTHER STAFF LIVING ON THE PREMISES.
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Sec.
1361 Sec.
4.
6.
substantial compliance;
strict compliance THE LEGISLATURE RECOGNIZES THE NEED TO PROTECT BOTH THE PEOPLE IN RECOVERY AND THE PUBLIC FROM UNSCRUPULOUS AND INCOMPETENT OPERATORS OF SOBER LIVING HOMES AND THEREFORE FINDS AND DETERMINES THAT STRICT - 4 - S.B.
definition A.
1361 COMPLIANCE WITH AND ENFORCEMENT OF THE REQUIREMENTS PRESCRIBED IN SECTION 36-2062, SUBSECTIONS A AND E ARE NECESSARY AND REQUIRED TO ENSURE THE PUBLIC HEALTH, SAFETY AND WELFARE.
THE LEGISLATURE RECOGNIZES THE NEED TO PROTECT BOTH THE PEOPLE IN RECOVERY AND THE PUBLIC FROM UNSCRUPULOUS AND INCOMPETENT OPERATORS OF SOBER LIVING HOMES AND THEREFORE FINDS AND DETERMINES THAT SUBSTANTIAL COMPLIANCE WITH AND ENFORCEMENT OF THE REQUIREMENTS PRESCRIBED IN SECTION 36-2062 ARE NECESSARY AND REQUIRED TO ENSURE THE PUBLIC HEALTH, SAFETY AND WELFARE.
B.
FOR THE PURPOSES OF THIS SECTION, "SUBSTANTIAL COMPLIANCE" MEANS THAT THE NATURE OR NUMBER OF VIOLATIONS REVEALED BY ANY TYPE OF INSPECTION OR INVESTIGATION OF A SOBER LIVING HOME DOES NOT POSE A DIRECT RISK TO THE LIFE, HEALTH OR SAFETY OF THE RESIDENTS.
7.
5.
The director may - 7 - S.B.
The director may C.
1361 C.
THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR SHALL CONDUCT A PHYSICAL, ON-SITE INSPECTION OF A SOBER LIVING HOME TO VERIFY COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE, THE RULES ADOPTED PURSUANT TO THIS ARTICLE AND STANDARDS AND LOCAL FIRE ORDINANCES OR RULES AT THE FOLLOWING TIMES:
THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR SHALL CONDUCT A PHYSICAL, ON-SITE INSPECTION OF A SOBER LIVING HOME TO VERIFY COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT TO THIS ARTICLE AT THE FOLLOWING TIMES:
BEFORE ISSUING AN INITIAL LICENSE OR APPROVING ANY PROPOSED CHANGE IN THE MAXIMUM NUMBER OF RESIDENTS OR ANY CONSTRUCTION OR MODIFICATION OF A SOBER LIVING HOME.
BEFORE APPROVING A LICENSE OR A LICENSE RENEWAL, ANY PROPOSED CHANGE IN THE MAXIMUM NUMBER OF RESIDENTS OR ANY CONSTRUCTION OR MODIFICATION OF A SOBER LIVING HOME.
2.
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1361 2.
ON A DETERMINATION BY THE DIRECTOR THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT A SOBER LIVING HOME IS NOT ADHERING TO THE REQUIREMENTS OF THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE.
PROMPTLY ON A DETERMINATION BY THE DIRECTOR THAT THERE IS REASONABLE CAUSE TO BELIEVE THAT A SOBER LIVING HOME IS NOT ADHERING TO THE REQUIREMENTS OF THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE.
AFTER RECEIVING A COMPLAINT THAT IDENTIFIES AN ALLEGED VIOLATION OF THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE, THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR SHALL INVESTIGATE THE SOBER LIVING HOME THAT IS THE SUBJECT OF THE COMPLAINT AND SHALL CONDUCT A PHYSICAL INSPECTION IF REQUESTED BY LOCAL LAW ENFORCEMENT OR IF THE DIRECTOR DETERMINES THAT THERE IS REASONABLE CAUSE TO BELIEVE THE SOBER LIVING HOME IS NOT ADHERING TO THE REQUIREMENTS OF THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE.
WITHIN THIRTY CALENDAR DAYS AFTER RECEIVING A COMPLAINT THAT IDENTIFIES AN ALLEGED VIOLATION OF THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE, THE DEPARTMENT SHALL INVESTIGATE THE SOBER LIVING HOME THAT IS THE SUBJECT OF THE COMPLAINT.
IF, THROUGH THE INVESTIGATION, THE DIRECTOR DETERMINES THAT THERE IS REASONABLE CAUSE TO BELIEVE THE SOBER LIVING HOME IS NOT ADHERING TO THE REQUIREMENTS OF THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE, THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR SHALL CONDUCT A PHYSICAL, ON-SITE INSPECTION OF THE SOBER LIVING HOME PURSUANT TO SUBSECTION C, PARAGRAPH 3 OF THIS SECTION.
IF AN INVESTIGATION OR INSPECTION OF A SOBER LIVING HOME REVEALS THAT A PERSON HAS VIOLATED THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE, THE DIRECTOR MAY impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than five hundred dollars $1,000 for each violation, WHICH MAY BE ASSESSED FOR EACH RESIDENT OR PERSON WHO THE DEPARTMENT DETERMINES WAS IMPACTED BY THE VIOLATION.
IF AN INVESTIGATION OR INSPECTION REVEALS THAT A PERSON HAS VIOLATED THIS ARTICLE OR THE RULES ADOPTED PURSUANT TO THIS ARTICLE, THE DIRECTOR SHALL DO BOTH OF THE FOLLOWING:
A PERSON OPERATING A SOBER LIVING HOME IN THIS STATE THAT HAS FAILED TO OBTAIN OR MAINTAIN LICENSURE OF THE SOBER LIVING HOME SHALL PAY AN ADDITIONAL CIVIL PENALTY OF UP TO $1,000 FOR EACH VIOLATION.
1.
Impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than five hundred dollars $1,000 for each violation.
2.
DENY OR WITHHOLD APPROVAL OF A PENDING APPLICATION OR REQUEST FOR A CHANGE AFFECTING A LICENSE, OR BOTH, UNLESS AND UNTIL THE PERSON DEMONSTRATES THAT THE VIOLATION HAS BEEN CURED AND THE APPLICATION OR REQUEST MEETS THE REQUIREMENT OF THIS ARTICLE.
IN DETERMINING THE AMOUNT OF THE CIVIL PENALTY PURSUANT TO SUBSECTION E OF THIS SECTION, THE DEPARTMENT SHALL CONSIDER ALL OF THE FOLLOWING:
PURSUANT TO TITLE 41, CHAPTER 6, ARTICLE 10, THE DIRECTOR MAY DENY, REVOKE OR SUSPEND A SOBER LIVING HOME LICENSE IF ANY OWNER, OFFICER, AGENT OR EMPLOYEE OF THE SOBER LIVING HOME DOES ANY OF THE FOLLOWING:
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1361 1.
REPEATED VIOLATIONS OF STATUTES OR RULES.
2.
PATTERNS OF NONCOMPLIANCE.
3.
TYPES OF VIOLATIONS.
4.
THE SEVERITY OF VIOLATIONS.
5.
THE POTENTIAL FOR AND OCCURRENCES OF ACTUAL HARM, INCLUDING TO STAFF OR RESIDENTS.
6.
THREATS TO HEALTH AND SAFETY, INCLUDING TO STAFF OR RESIDENTS.
7.
THE NUMBER OF PERSONS AFFECTED BY THE VIOLATIONS.
8.
THE NUMBER OF VIOLATIONS.
9.
THE SIZE OF THE FACILITY.
10.
THE LENGTH OF TIME THAT THE VIOLATIONS HAVE BEEN OCCURRING.
G.
IF A LICENSED OR UNLICENSED SOBER LIVING HOME HAS A BUSINESS RELATIONSHIP WITH A PERSON OR ENTITY THAT IS FOUND TO BE ENGAGING IN FRAUDULENT, ABUSIVE OR MISLEADING HEALTH CARE-RELATED PRACTICES, THE SOBER LIVING HOME IS SUBJECT TO CIVIL PENALTIES PURSUANT TO THIS SECTION, INCLUDING LICENSE SUSPENSION OR REVOCATION.
EACH DAY A VIOLATION OCCURS CONSTITUTES A SEPARATE VIOLATION.
H.
SUBJECT TO TITLE 41, CHAPTER 6, ARTICLE 10, EXCEPT AS PROVIDED IN SUBSECTION J OF THIS SECTION, THE DIRECTOR MAY DENY, REVOKE OR SUSPEND A SOBER LIVING HOME LICENSE IF ANY OWNER, OFFICER, AGENT OR EMPLOYEE OF THE SOBER LIVING HOME DOES ANY OF THE FOLLOWING:
THE RECORD OF CONVICTION OR A COPY OF THE RECORD CERTIFIED BY THE CLERK OF THE COURT OR BY THE JUDGE BY WHOM THE PERSON WAS SENTENCED IS CONCLUSIVE EVIDENCE OF CONVICTION.
THE RECORD OF CONVICTION OR A CERTIFIED COPY IS CONCLUSIVE EVIDENCE OF CONVICTION.
3.
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1361 3.
G.
IF THE DIRECTOR REASONABLY BELIEVES THAT A VIOLATION OF SUBSECTION F, PARAGRAPH 4 OF THIS SECTION HAS OCCURRED AND THAT THE LIFE OR SAFETY OF THE RESIDENTS OR THE PUBLIC IS IMMEDIATELY AFFECTED, ON WRITTEN NOTICE TO THE OWNER OR AGENT OF THE SOBER LIVING HOME, THE DIRECTOR MAY ORDER THE IMMEDIATE TERMINATION OF ANY SPECIFIC SERVICE, PROCEDURE OR PRACTICE OF THE SOBER LIVING HOME.
H.
EXCEPT AS PROVIDED IN SUBSECTION G OF THIS SECTION, THE DIRECTOR MAY NOT SUSPEND, REVOKE OR DENY A LICENSE WITHOUT AFFORDING THE LICENSEE NOTICE AND AN OPPORTUNITY FOR A HEARING AS PROVIDED IN TITLE 41, CHAPTER 6, ARTICLE 10.
IF A LICENSEE OR ANY OWNER, OFFICER, AGENT OR EMPLOYEE OF A SOBER LIVING HOME REFUSES TO ALLOW THE DEPARTMENT OR ITS EMPLOYEE OR AGENT TO INSPECT THE SOBER LIVING HOME'S PREMISES, THAT ACTION SHALL BE DEEMED REASONABLE CAUSE TO BELIEVE THAT A SUBSTANTIAL VIOLATION OF SUBSECTION H, PARAGRAPH 1 OF THIS SECTION EXISTS.
A PERSON WHOSE APPLICATION FOR A LICENSE OR A REQUEST FOR A CHANGE AFFECTING A LICENSE HAS BEEN DENIED BY THE DIRECTOR OR WHO HAS BEEN ORDERED BY THE DIRECTOR PURSUANT TO SUBSECTION G OF THIS SECTION TO IMMEDIATELY TERMINATE ANY SPECIFIC SERVICE, PROCEDURE OR PRACTICE, AT ANY TIME WITHIN THIRTY DAYS AFTER NOTICE OF THE DENIAL OR ORDER, MAY REQUEST IN WRITING A HEARING BEFORE THE DIRECTOR OR A PERSON DESIGNATED BY THE DIRECTOR TO REVIEW THE DIRECTOR'S ACTION.
THE HEARING SHALL BE HELD WITHIN THIRTY DAYS AFTER THE WRITTEN REQUEST.
IF THE DIRECTOR REASONABLY BELIEVES THAT A VIOLATION OF SUBSECTION H OF THIS SECTION HAS OCCURRED AND THAT THE LIFE OR SAFETY OF THE RESIDENTS OR STAFF OR THE PUBLIC IS IMMEDIATELY AFFECTED, ON WRITTEN NOTICE TO THE OWNER OR AGENT OF THE SOBER LIVING HOME, THE DIRECTOR MAY ORDER ONE OR MORE OF THE FOLLOWING INTERMEDIATE SANCTIONS UNTIL THE SOBER LIVING HOME IS IN SUBSTANTIAL COMPLIANCE WITH THIS ARTICLE AND RULES ADOPTED PURSUANT TO THIS ARTICLE:
THE OPERATION OR MAINTENANCE OF A SOBER LIVING HOME THAT DOES NOT HOLD A CURRENT OR VALID LICENSE OR THAT EXCEEDS THE RANGE OF THE ACTIVITIES OR SERVICES AUTHORIZED BY A LICENSE ISSUED PURSUANT TO THIS ARTICLE IS A PUBLIC NUISANCE.
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IN ADDITION TO ANY OTHER REMEDIES PRESCRIBED IN THIS ARTICLE, THE DIRECTOR MAY ISSUE A CEASE AND DESIST ORDER PURSUANT TO SECTION 36-601 AGAINST THE SOBER LIVING HOME OR, IN THE NAME OF THE PEOPLE OF THIS STATE, THROUGH THE ATTORNEY GENERAL OR A COUNTY ATTORNEY, MAY BRING AN ACTION FOR AN INJUNCTION TO RESTRAIN THE VIOLATION OR TO ENJOIN THE FUTURE OPERATION OR MAINTENANCE OF THE SOBER LIVING HOME UNTIL THE SOBER LIVING HOME COMPLIES WITH THIS ARTICLE.
1361 1.
BEFORE ISSUING A CEASE AND DESIST ORDER OR BRINGING AN ACTION FOR AN INJUNCTION PURSUANT TO THIS SECTION, THE DEPARTMENT MAY ISSUE A CERTIFIED LETTER TO THE OWNER OR AGENT OF THE LICENSED OR UNLICENSED SOBER LIVING HOME THAT STATES THE FACTUAL BASIS FOR THE DEPARTMENT'S BELIEF THAT THE SOBER LIVING HOME IS OPERATING IN VIOLATION OF THIS ARTICLE OR RULES ADOPTED PURSUANT TO THIS ARTICLE.
THE IMMEDIATE RESTRICTION OF THE ACCEPTANCE AND REACCEPTANCE OF RESIDENTS TO THE SOBER LIVING HOME.
THE DEPARTMENT MAY INCLUDE WITHIN THE LETTER THE ENFORCEMENT OPTIONS AVAILABLE TO THE DEPARTMENT IF THE VIOLATIONS CONTINUE.
2.
THE SELECTED TRANSFER OF RESIDENTS OUT OF THE SOBER LIVING HOME.
3.
THE REDUCTION OF CAPACITY.
4.
THE TERMINATION OF ANY SPECIFIC SERVICE, POLICY, PROCEDURE OR PRACTICE OF THE SOBER LIVING HOME.
A SOBER LIVING HOME THAT IS SANCTIONED PURSUANT TO SUBSECTION J OF THIS SECTION SHALL NOTIFY THE DEPARTMENT IN WRITING WHEN THE SOBER LIVING HOME BELIEVES IT IS IN SUBSTANTIAL COMPLIANCE.
WITHIN FIFTEEN CALENDAR DAYS AFTER RECEIVING A COMPLAINT ABOUT A SOBER LIVING HOME FROM A POLITICAL SUBDIVISION OF THIS STATE, THE DEPARTMENT SHALL NOTIFY THE POLITICAL SUBDIVISION OF THE STATUS OF THE COMPLAINT.
ON RECEIPT OF THIS NOTIFICATION THE DEPARTMENT SHALL CONDUCT AN INSPECTION.
WITHIN FIFTEEN CALENDAR DAYS AFTER THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR CONCLUDES THE INVESTIGATION OF THE COMPLAINT, THE - 7 - S.B.
IF THE DEPARTMENT DETERMINES THAT THE SOBER LIVING HOME IS IN SUBSTANTIAL COMPLIANCE, THE DIRECTOR SHALL IMMEDIATELY RESCIND THE SANCTION OR SANCTIONS.
1361 DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR SHALL PROVIDE TO THE POLITICAL SUBDIVISION OF THIS STATE THE FINDINGS OF THE INVESTIGATION, INCLUDING COPIES OF INVESTIGATIVE REPORTS WITHOUT PERSONAL IDENTIFYING INFORMATION OF THE SOBER LIVING HOME RESIDENTS AND A DESCRIPTION OF ANY PENALTIES AND SANCTIONS IMPOSED AND ENFORCEMENT ACTIONS TAKEN.
IF THE DEPARTMENT DETERMINES THAT THE SOBER LIVING HOME IS NOT IN SUBSTANTIAL COMPLIANCE, THE SANCTION OR SANCTIONS SHALL REMAIN IN EFFECT.
AT LEAST FOURTEEN DAYS AFTER THE DATE OF THE INSPECTION, THE SOBER LIVING HOME MAY AGAIN NOTIFY THE DEPARTMENT THAT THE SOBER LIVING HOME IS IN SUBSTANTIAL COMPLIANCE AND THE DEPARTMENT SHALL CONDUCT ANOTHER INSPECTION.
IF THE DEPARTMENT DETERMINES ON THE REPEAT INSPECTION THAT THE SOBER LIVING HOME IS STILL NOT IN SUBSTANTIAL COMPLIANCE, THE SANCTION OR SANCTIONS SHALL REMAIN IN EFFECT.
THE SOBER LIVING HOME MAY NOTIFY THE DEPARTMENT OF SUBSTANTIAL COMPLIANCE NOT SOONER THAN THIRTY DAYS AFTER THE DATE OF THE LAST INSPECTION.
THE SOBER LIVING HOME SHALL MAKE ALL NOTIFICATIONS OF SUBSTANTIAL COMPLIANCE BY CERTIFIED MAIL.
THE DEPARTMENT SHALL CONDUCT ALL INSPECTIONS REQUIRED BY THIS SUBSECTION WITHIN FOURTEEN DAYS AFTER RECEIVING A NOTIFICATION OF SUBSTANTIAL COMPLIANCE.
IF THE DEPARTMENT DOES NOT CONDUCT AN INSPECTION WITHIN THIS TIME PERIOD, THE SANCTION OR SANCTIONS HAVE NO FURTHER EFFECT.
L.
A LICENSEE THAT IS SUBJECT TO AN INTERMEDIATE SANCTION ORDERED BY THE DIRECTOR PURSUANT TO SUBSECTION J OF THIS SECTION MAY REQUEST A HEARING TO REVIEW THE DIRECTOR'S ACTION.
THE LICENSEE SHALL MAKE THIS REQUEST IN WRITING WITHIN TEN DAYS AFTER RECEIVING NOTICE OF THE DIRECTOR'S ACTION.
THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL CONDUCT AN ADMINISTRATIVE HEARING WITHIN SEVEN BUSINESS DAYS AFTER THE NOTICE OF APPEAL HAS BEEN FILED WITH THE OFFICE OF ADMINISTRATIVE HEARINGS.
M.
IN ADDITION TO ANY OTHER REMEDIES PRESCRIBED IN THIS ARTICLE, THE DIRECTOR MAY ISSUE A CEASE AND DESIST ORDER AGAINST A SOBER LIVING HOME THAT DOES NOT HOLD A CURRENT OR VALID LICENSE OR THAT EXCEEDS THE SCOPE OF ACTIVITIES OR SERVICES AUTHORIZED BY A LICENSE ISSUED PURSUANT TO THIS ARTICLE.
THE ATTORNEY GENERAL OR A COUNTY ATTORNEY MAY BRING AN ACTION FOR AN INJUNCTION TO RESTRAIN THE VIOLATION OR TO ENJOIN THE FUTURE OPERATION OR MAINTENANCE OF THE SOBER LIVING HOME UNTIL THE SOBER LIVING HOME COMPLIES WITH THIS ARTICLE.
BEFORE ISSUING A CEASE AND DESIST ORDER OR BRINGING AN ACTION FOR AN INJUNCTION PURSUANT TO THIS SECTION, THE DEPARTMENT MAY ISSUE TO THE OWNER OR AGENT OF THE LICENSED OR UNLICENSED SOBER LIVING HOME A CERTIFIED LETTER THAT STATES THE FACTUAL BASIS FOR THE - 10 - S.B.
1361 DEPARTMENT'S BELIEF THAT THE SOBER LIVING HOME IS OPERATING IN VIOLATION OF THIS ARTICLE OR RULES ADOPTED PURSUANT TO THIS ARTICLE.
THE DEPARTMENT MAY INCLUDE IN THE LETTER A DESCRIPTION OF THE ENFORCEMENT OPTIONS AVAILABLE TO THE DEPARTMENT IF THE VIOLATIONS CONTINUE.
N.
IF A POLITICAL SUBDIVISION OF THIS STATE REQUESTS AN UPDATE FROM THE DEPARTMENT ON THE STATUS OF THE INVESTIGATION OF A COMPLAINT FILED BY THE POLITICAL SUBDIVISION RELATING TO A SOBER LIVING HOME, THE DEPARTMENT SHALL NOTIFY THE POLITICAL SUBDIVISION OF THE STATUS WITHIN FIVE BUSINESS DAYS AFTER THE REQUEST.
IF REQUESTED BY THE POLITICAL SUBDIVISION, THE DEPARTMENT SHALL PROVIDE TO THE POLITICAL SUBDIVISION THE FINDINGS OF ITS INVESTIGATION, INCLUDING COPIES OF INVESTIGATIVE REPORTS WITHOUT PERSONAL IDENTIFYING INFORMATION OF THE SOBER LIVING HOME RESIDENTS.
O.
L.
The department may contract with a third party to assist the department with licensure, INVESTIGATIONS and inspections, EXCEPT THAT THE DEPARTMENT SHALL NOT CONTRACT WITH ANY OWNER, OPERATOR, ADMINISTRATOR, ACCREDITING BODY OR ASSOCIATION OF SOBER LIVING HOMES.
The department may contract with a third party to assist the department with licensure, INVESTIGATIONS and inspections, EXCEPT THAT THE DEPARTMENT SHALL NOT CONTRACT WITH ANY OWNER, OPERATOR, ADMINISTRATOR OR ASSOCIATION OF SOBER LIVING HOMES.
8.
6.
Section 36-2064, Arizona Revised Statutes, is amended to read:
Repeal Section 36-2064, Arizona Revised Statutes, is repealed.
36-2064.
Certified sober living homes;
licensure A.
Notwithstanding any other provision of this article, A sober living home THAT IS LICENSED in this state AND that is certified by a certifying organization may operate in this state and receive referrals pursuant to section 36-2065.
A sober living home certification is in lieu of licensure until the sober living home is licensed.
A certified sober living home shall apply to the department for licensure within ninety days after the department's initial licensure rules are final.
The department shall notify the certifying organization when the department's initial licensure rules are final.
B.
In lieu of an initial on-site licensure survey INSPECTION and any annual on-site survey INSPECTION, the department shall issue a license to a sober living home that submits an application prescribed by the department and that meets the following requirements:
1.
Is currently certified as a sober living home by a certifying organization.
2.
Meets all department licensure requirements.
3.
DOES NOT RECEIVE ANY MONIES FROM THIS STATE OR THE FEDERAL GOVERNMENT.
4.
HAS NOT BEEN SUBJECT TO AN ENFORCEMENT ACTION PURSUANT TO SECTION 36-2063 WITHIN THE PRECEDING YEAR.
C.
THE DIRECTOR MAY ACCEPT PROOF THAT A SOBER LIVING HOME IS A CERTIFIED SOBER LIVING HOME IN LIEU OF ALL COMPLIANCE INSPECTIONS REQUIRED BY THIS ARTICLE IF THE DIRECTOR RECEIVES A COPY OF THE SOBER LIVING HOME'S CERTIFICATION REPORT FOR THE LICENSURE PERIOD AND THE SOBER LIVING HOME IS - 11 - S.B.
1361 CERTIFIED BY A CERTIFYING ORGANIZATION.
IF THE CERTIFICATION REPORT IS NOT VALID FOR THE ENTIRE LICENSURE PERIOD, THE DEPARTMENT MAY CONDUCT A COMPLIANCE INSPECTION OF THE SOBER LIVING HOME DURING THE TIME PERIOD THE DEPARTMENT DOES NOT HAVE A VALID CERTIFICATION REPORT FOR THE SOBER LIVING HOME.
9.
7.
A behavioral health provider OR A BEHAVIORAL HEALTH PROFESSIONAL who is licensed pursuant to title 32, chapter 33 shall refer a patient or client only to a certified or licensed sober living home.
A behavioral health provider who is licensed pursuant to title 32, chapter 33 shall refer a patient or client only to a certified or licensed sober living home.
10.
8.
1.
- 8 - S.B.
1361 1.
THIS SECTION DOES NOT PROHIBIT A SOBER LIVING HOME FROM PUBLISHING OR OTHERWISE SELF-DISCLOSING ITS ADDRESS.
C.
- 12 - S.B.
THE DEPARTMENT SHALL NOTIFY THE DESIGNATED EMPLOYEE OF THE LOCAL JURISDICTION AS PRESCRIBED IN SECTION 36-2062, SUBSECTION C OF ALL APPROVALS AND DENIALS FOR LICENSURE AND RENEWAL AND ALL REQUESTS FOR CHANGES AFFECTING A SOBER LIVING HOME LICENSE ISSUED PURSUANT TO THIS ARTICLE IN THAT JURISDICTION WITHIN THIRTY CALENDAR DAYS AFTER RECEIPT OF THE APPLICATION FOR LICENSURE OR RENEWAL OR REQUEST FOR CHANGES.
1361 C.
IF A LOCAL JURISDICTION PROVIDES CONTACT INFORMATION FOR NOTIFICATIONS RELATING TO SOBER LIVING HOMES TO THE DEPARTMENT, THE DEPARTMENT SHALL NOTIFY THE LOCAL JURISDICTION OF ALL INITIAL LICENSES ISSUED PURSUANT TO THIS ARTICLE IN THAT JURISDICTION IN THE PRECEDING MONTH.
THE DEPARTMENT IS NOT OBLIGATED TO PROVIDE THE NOTIFICATIONS UNDER THIS SUBSECTION TO A LOCAL JURISDICTION THAT DOES NOT PROVIDE THE LOCAL JURISDICTION'S CONTACT INFORMATION TO THE DEPARTMENT.
11.
9.
annual report A.
annual reports A.
Beginning ON OR BEFORE January 2, 2020 and 31 OF each January 2 thereafter YEAR, the department shall submit to the senate health and human services committee and the house of representatives health committee, or their successor committees, a report on licensed AND UNLICENSED sober living homes in this state that includes:
Beginning ON OR BEFORE January 2, 2020 and 31 OF each January 2 thereafter YEAR, the department shall submit to the senate health and human services committee and the house of representatives health committee, or their successor committees, a report on licensed sober living homes in this state that includes:
4.
The number of enforcement actions the department takes against licensed sober living homes annually TAKEN BY THE DEPARTMENT EACH YEAR.
THE NUMBER OF COMPLAINTS AGAINST LICENSED SOBER LIVING HOMES THAT RESULTED IN INSPECTIONS BY THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR EACH YEAR.
4.
THE NUMBER OF COMPLAINTS AGAINST RESIDENCES, PLACES, DWELLING UNITS OR OTHER PREMISES SUSPECTED OF BEING UNLICENSED SOBER LIVING HOMES.
The number of enforcement actions the department takes against licensed sober living homes annually TAKEN BY THE DEPARTMENT EACH YEAR.
7.
THE NUMBER OF INVESTIGATIONS RESULTING FROM COMPLAINTS AGAINST UNLICENSED SOBER LIVING HOMES, INCLUDING HOW MANY OF THOSE INVESTIGATED MET THE LEGAL REQUIREMENTS FOR SOBER LIVING HOME LICENSURE AND HOW THE DEPARTMENT TOOK ACTION ON ITS FINDINGS.
8.
THE NUMBER OF ENFORCEMENT ACTIONS AGAINST UNLICENSED SOBER LIVING HOMES TAKEN BY THE DEPARTMENT EACH YEAR.
C.
ON OR BEFORE JANUARY 31 OF EACH YEAR, THE DEPARTMENT SHALL SUBMIT TO THE SENATE HEALTH AND HUMAN SERVICES COMMITTEE AND THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES COMMITTEE, OR THEIR SUCCESSOR COMMITTEES, A REPORT ON SOBER LIVING HOMES IN THIS STATE THAT ARE NOT LICENSED BUT ARE REQUIRED TO BE LICENSED THAT INCLUDES:
The department shall provide a copy of the report submitted pursuant to subsection A of this section to the secretary of state.
Sec.
12.
Title 36, chapter 18, article 4, Arizona Revised Statutes, is amended by adding sections 36-2068 and 36-2069, to read:
36-2068.
Legal action;
licensure;
change of ownership;
definitions A.
THE DIRECTOR MAY CONTINUE TO PURSUE ANY COURT, ADMINISTRATIVE OR ENFORCEMENT ACTION AGAINST A LICENSEE EVEN IF THE SOBER LIVING HOME IS IN THE PROCESS OF BEING SOLD OR TRANSFERRED OR HAS CLOSED.
B.
THE DEPARTMENT MAY REVOKE OR SUSPEND A LICENSE OR DENY AN APPLICATION FOR A SOBER LIVING HOME LICENSE IF:
- 13 - S.B.
1361 1.
THE APPLICANT, THE LICENSEE OR A CONTROLLING PERSON HAS A SOBER LIVING HOME OR HEALTH CARE INSTITUTION LICENSE THAT IS IN AN ENFORCEMENT ACTION OR COURT ACTION RELATED TO THE HEALTH AND SAFETY OF THE RESIDENTS OR PATIENTS.
2.
THE DEPARTMENT HAS DETERMINED FOR REASONS OTHER THAN THOSE SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION THAT THE ISSUANCE OF A LICENSE IS LIKELY TO JEOPARDIZE RESIDENT SAFETY.
3.
THE APPLICANT, THE LICENSEE OR A CONTROLLING PERSON HAS HAD IN ANY STATE OR JURISDICTION AN APPLICATION OR LICENSE TO OPERATE A SOBER LIVING HOME OR A HEALTH CARE INSTITUTION DENIED, SUSPENDED OR REVOKED, UNLESS THE DENIAL WAS BASED ON THE FAILURE TO COMPLETE THE LICENSING PROCESS OR TO PAY A REQUIRED LICENSING FEE WITHIN THE REQUIRED TIME FRAME.
4.
THE APPLICANT, THE LICENSEE OR A CONTROLLING PERSON HAS HAD IN ANY STATE OR JURISDICTION A HEALTH PROFESSIONAL LICENSE OR CERTIFICATE DENIED, REVOKED OR SUSPENDED.
5.
THE APPLICANT, THE LICENSEE OR A CONTROLLING PERSON PROVIDES FALSE OR MISLEADING INFORMATION TO THE DEPARTMENT.
C.
THE DEPARTMENT MAY DENY THE APPROVAL OF A CHANGE IN OWNERSHIP OF A CURRENTLY LICENSED SOBER LIVING HOME IF THE DEPARTMENT DETERMINES THAT THE TRANSFER OF OWNERSHIP, WHETHER INVOLVING A DIRECT OWNER OR INDIRECT OWNER, MAY JEOPARDIZE RESIDENT SAFETY.
D.
FOR THE PURPOSES OF THIS SECTION:
"CONTROLLING PERSON" MEANS A PERSON WHO, WITH RESPECT TO A BUSINESS ORGANIZATION:
THE NUMBER OF COMPLAINTS AGAINST SOBER LIVING HOMES THAT ARE NOT LICENSED BUT ARE REQUIRED TO BE LICENSED RECEIVED BY THE DEPARTMENT EACH YEAR.
(a) HAS THE POWER TO VOTE AT LEAST TEN PERCENT OF THE OUTSTANDING VOTING SECURITIES OF THE BUSINESS ORGANIZATION.
(b) IF THE BUSINESS ORGANIZATION IS A PARTNERSHIP, IS A GENERAL PARTNER OR IS A LIMITED PARTNER WHO HOLDS AT LEAST TEN PERCENT OF THE VOTING RIGHTS OF THE PARTNERSHIP.
(c) IF THE BUSINESS ORGANIZATION IS A CORPORATION, ASSOCIATION OR LIMITED LIABILITY COMPANY, IS THE PRESIDENT, THE CHIEF EXECUTIVE OFFICER, THE INCORPORATOR, AN AGENT OR ANY PERSON WHO OWNS OR CONTROLS AT LEAST TEN PERCENT OF THE VOTING SECURITIES.
(d) HOLDS A BENEFICIAL INTEREST IN TEN PERCENT OR MORE OF THE LIABILITIES OF THE BUSINESS ORGANIZATION.
"DIRECT OWNER" MEANS A PERSON THAT HAS AN OWNERSHIP OR CONTROL INTEREST IN THE SOBER LIVING HOME TOTALING FIFTY-ONE PERCENT OR MORE.
THE NUMBER OF COMPLAINTS AGAINST SOBER LIVING HOMES THAT ARE NOT LICENSED BUT ARE REQUIRED TO BE LICENSED INVESTIGATED BY THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR EACH YEAR.
3.
- 9 - S.B.
"INDIRECT OWNER":
1361 3.
(a) MEANS A PERSON THAT HAS AN OWNERSHIP OR CONTROL INTEREST IN A DIRECT OWNER TOTALING FIFTY-ONE PERCENT OR MORE.
THE NUMBER OF COMPLAINTS AGAINST SOBER LIVING HOMES THAT ARE NOT LICENSED BUT ARE REQUIRED TO BE LICENSED THAT RESULTED IN INSPECTIONS BY THE DEPARTMENT OR ITS THIRD-PARTY CONTRACTOR EACH YEAR.
(b) INCLUDES AN OWNERSHIP OR CONTROL INTEREST IN AN INDIRECT OWNER TOTALING FIFTY-ONE PERCENT OR MORE AND A COMBINATION OF DIRECT OWNERSHIP AND INDIRECT OWNERSHIP OR CONTROL INTERESTS TOTALING FIFTY-ONE PERCENT OR MORE IN THE SOBER LIVING HOME.
- 14 - S.B.
1361 36-2069.
Fingerprinting requirements;
definitions A.
EXCEPT AS PROVIDED IN SUBSECTION E OR F OF THIS SECTION, AS A CONDITION OF LICENSURE OR CONTINUED LICENSURE OF A SOBER LIVING HOME THAT RECEIVES REFERRALS PURSUANT TO SECTION 36-2065, SUBSECTION A OR C, THE LICENSEE AND EACH PAID STAFF MEMBER OF A SOBER LIVING HOME SHALL HAVE A VALID FINGERPRINT CLEARANCE CARD THAT IS ISSUED PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1 OR SHALL APPLY FOR A FINGERPRINT CLEARANCE CARD WITHIN TWENTY WORKING DAYS AFTER BEGINNING EMPLOYMENT OR CONTRACTED WORK.
B.
A LICENSEE SHALL MAKE A DOCUMENTED, GOOD FAITH EFFORT TO VERIFY THE CURRENT STATUS OF EACH PAID STAFF MEMBER'S FINGERPRINT CLEARANCE CARD.
C.
THE LICENSEE OR THE PAID STAFF MEMBER, OR THE LICENSEE ON BEHALF OF THE PAID STAFF MEMBER, SHALL SUBMIT A COMPLETED APPLICATION THAT IS PROVIDED BY THE DEPARTMENT OF PUBLIC SAFETY WITHIN TWENTY DAYS AFTER THE DATE THE PERSON BEGINS EMPLOYMENT OR CONTRACTED WORK.
D.
EXCEPT AS PROVIDED IN SUBSECTION E OR F OF THIS SECTION, A SOBER LIVING HOME SHALL NOT ALLOW A PAID STAFF MEMBER TO CONTINUE EMPLOYMENT OR CONTRACTED WORK IF THE PERSON HAS BEEN DENIED A FINGERPRINT CLEARANCE CARD PURSUANT TO TITLE 41, CHAPTER 12, ARTICLE 3.1 OR HAS HAD A FINGERPRINT CLEARANCE CARD SUSPENDED OR REVOKED.
E.
THE LICENSEE OR THE PAID STAFF MEMBER OF A SOBER LIVING HOME WHO IS ELIGIBLE PURSUANT TO SECTION 41-1758.07, SUBSECTION C TO PETITION THE BOARD OF FINGERPRINTING FOR A GOOD CAUSE EXCEPTION AND WHO PROVIDES DOCUMENTATION OF HAVING APPLIED FOR A GOOD CAUSE EXCEPTION PURSUANT TO SECTION 41-619.55 BUT WHO HAS NOT YET RECEIVED A DECISION IS EXEMPT FROM THE FINGERPRINTING REQUIREMENTS OF THIS SECTION UNTIL A DECISION IS MADE.
F.
A SOBER LIVING HOME MAY EMPLOY OR CONTINUE TO EMPLOY A PAID STAFF MEMBER WHO IS DENIED A FINGERPRINT CLEARANCE CARD IF THE PAID STAFF MEMBER DOES BOTH OF THE FOLLOWING:
1.
SUCCESSFULLY COMPLETES TREATMENT FOR SUBSTANCE USE OR, IF APPLICABLE, RECIDIVISM REDUCTION AS PRESCRIBED BY RULE.
2.
PASSES A BACKGROUND AND SCREENING EVALUATION CONDUCTED BY THE SOBER LIVING HOME THAT DEMONSTRATES THAT THE INDIVIDUAL IS NOT A THREAT TO THE HEALTH OR SAFETY OF THE RESIDENTS OF THE SOBER LIVING HOME.
A BACKGROUND AND SCREENING EVALUATION INCLUDES PRIOR EMPLOYMENT OR PERSONAL REFERENCE CHECKS.
G.
FOR THE PURPOSES OF THIS SECTION:
1.
"LICENSEE" MEANS THE INDIVIDUAL OR BUSINESS ORGANIZATION TO WHICH THE DEPARTMENT HAS ISSUED A LICENSE TO OPERATE A SOBER LIVING HOME.
2.
"MONETARY COMPENSATION" MEANS SALARY OR WAGES.
3.
"PAID STAFF MEMBER":
(a) MEANS AN EMPLOYEE WHO PROVIDES MONITORING, SUPERVISION OR ASSISTANCE OR OTHER SERVICES TO RESIDENTS AT A SOBER LIVING HOME AND WHO RECEIVES MONETARY COMPENSATION FROM THE SOBER LIVING HOME.
- 15 - S.B.
1361 (b) INCLUDES A PERSON WHO PROVIDES JANITORIAL, MAINTENANCE, HOUSEKEEPING OR TRANSPORTATION SERVICES, WHETHER AS A CONTRACTOR OR EMPLOYEE OF THE SOBER LIVING HOME.
(c) DOES NOT INCLUDE A RESIDENT OF THE SOBER LIVING HOME UNLESS THE RESIDENT RECEIVES MONETARY COMPENSATION TO PROVIDE MONITORING, SUPERVISION OR ASSISTANCE OR OTHER SERVICES TO THE RESIDENTS OF THE SOBER LIVING HOME.
Sec.
13.
Section 41-619.51, Arizona Revised Statutes, is amended to read:
41-619.51.
Definitions In this article, unless the context otherwise requires:
1.
"Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.
2.
"Board" means the board of fingerprinting.
3.
"Central registry exception" means notification to the department of economic security, the department of child safety or the department of health services, as appropriate, pursuant to section 41-619.57 that the person is not disqualified because of a central registry check conducted pursuant to section 8-804.
"Expedited review" means an examination, in accordance with board rule, of the documents an applicant submits by the board or its hearing officer without the applicant being present.
THE NUMBER OF ENFORCEMENT ACTIONS AGAINST SOBER LIVING HOMES THAT ARE NOT LICENSED BUT ARE REQUIRED TO BE LICENSED TAKEN BY THE DEPARTMENT EACH YEAR.
5.
"Good cause exception" means the issuance of a fingerprint clearance card to an employee pursuant to section 41-619.55.
6.
"Person" means a person who is required to be fingerprinted pursuant to this article or who is subject to a central registry check and any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
- 16 - S.B.
1361 (g) Section 8-804.
(h) Section 15-183.
(i) Section 15-503.
(j) Section 15-512.
(k) Section 15-534.
(l) Section 15-763.01.
(m) Section 15-782.02.
(n) Section 15-1330.
(o) Section 15-1881.
(p) Section 17-215.
(q) Section 28-3228.
(r) Section 28-3413.
(s) Section 32-122.02.
(t) Section 32-122.05.
(u) Section 32-122.06.
(v) Section 32-823.
(w) Section 32-1232.
(x) Section 32-1276.01.
(y) Section 32-1284.
(z) Section 32-1297.01.
(aa) Section 32-1904.
(bb) Section 32-1941.
(cc) Section 32-1982.
(dd) Section 32-2022.
(ee) Section 32-2063.
(ff) Section 32-2108.01.
(gg) Section 32-2123.
(hh) Section 32-2371.
(ii) Section 32-3430.
(jj) Section 32-3620.
(kk) Section 32-3668.
(ll) Section 32-3669.
(mm) Section 32-3922.
(nn) Section 32-3924.
(oo) Section 32-4222.
(pp) Section 32-4128.
(qq) Section 36-113.
(rr) Section 36-207.
(ss) Section 36-411.
(tt) Section 36-425.03.
(uu) Section 36-446.04.
(vv) Section 36-594.01.
(ww) Section 36-594.02.
(xx) Section 36-766.01.
(yy) Section 36-882.
- 17 - S.B.
1361 (zz) Section 36-883.02.
(aaa) Section 36-897.01.
(bbb) Section 36-897.03.
(ccc) SECTION 36-2069.
(ccc) (ddd) Section 36-3008.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
Sec.
14.
Section 41-1758, Arizona Revised Statutes, is amended to read:
41-1758.
Definitions In this article, unless the context otherwise requires:
1.
"Agency" means the supreme court, the department of economic security, the department of child safety, the department of education, the department of health services, the department of juvenile corrections, the department of emergency and military affairs, the department of public safety, the department of transportation, the state real estate department, the department of insurance and financial institutions, the board of fingerprinting, the Arizona game and fish department, the Arizona department of agriculture, the board of examiners of nursing care institution administrators and assisted living facility managers, the state board of dental examiners, the Arizona state board of pharmacy, the board of physical therapy, the state board of psychologist examiners, the board of athletic training, the board of occupational therapy examiners, the state board of podiatry examiners, the acupuncture board of examiners, the state board of technical registration, or the board of massage therapy or the Arizona department of housing.
2.
"Division" means the fingerprinting division in the department of public safety.
3.
"Electronic or internet-based fingerprinting services" means a secure system for digitizing applicant fingerprints and transmitting the applicant data and fingerprints of a person or entity submitting fingerprints to the department of public safety for any authorized purpose under this title.
For the purposes of this paragraph, "secure system" means a system that complies with the information technology security policy approved by the department of public safety.
4.
"Good cause exception" means the issuance of a fingerprint clearance card to an applicant pursuant to section 41-619.55.
- 18 - S.B.
1361 5.
"Person" means a person who is required to be fingerprinted pursuant to any of the following:
(a) Section 3-314.
(b) Section 8-105.
(c) Section 8-322.
(d) Section 8-463.
(e) Section 8-509.
(f) Section 8-802.
(g) Section 15-183.
(h) Section 15-503.
(i) Section 15-512.
(j) Section 15-534.
(k) Section 15-763.01.
(l) Section 15-782.02.
(m) Section 15-1330.
(n) Section 15-1881.
(o) Section 17-215.
(p) Section 28-3228.
(q) Section 28-3413.
(r) Section 32-122.02.
(s) Section 32-122.05.
(t) Section 32-122.06.
(u) Section 32-823.
(v) Section 32-1232.
(w) Section 32-1276.01.
(x) Section 32-1284.
(y) Section 32-1297.01.
(z) Section 32-1904.
(aa) Section 32-1941.
(bb) Section 32-1982.
(cc) Section 32-2022.
(dd) Section 32-2063.
(ee) Section 32-2108.01.
(ff) Section 32-2123.
(gg) Section 32-2371.
(hh) Section 32-3430.
(ii) Section 32-3620.
(jj) Section 32-3668.
(kk) Section 32-3669.
(ll) Section 32-3922.
(mm) Section 32-3924.
(nn) Section 32-4128.
(oo) Section 32-4222.
(pp) Section 36-113.
(qq) Section 36-207.
- 19 - S.B.
1361 (rr) Section 36-411.
(ss) Section 36-425.03.
(tt) Section 36-446.04.
(uu) Section 36-594.01.
(vv) Section 36-594.02.
(ww) Section 36-766.01.
(xx) Section 36-882.
(yy) Section 36-883.02.
(zz) Section 36-897.01.
(aaa) Section 36-897.03.
(bbb) SECTION 36-2069.
(bbb) (ccc) Section 36-3008.
(ccc) (ddd) Section 41-619.52.
(ddd) (eee) Section 41-619.53.
(eee) (fff) Section 41-1964.
(fff) (ggg) Section 41-1967.01.
(ggg) (hhh) Section 41-1968.
(hhh) (iii) Section 41-1969.
(iii) (jjj) Section 41-2814.
(jjj) (kkk) Section 41-4025.
(kkk) (lll) Section 46-141, subsection A or B.
(lll) (mmm) Section 46-321.
6.
"Vulnerable adult" has the same meaning prescribed in section 13-3623.
Sec.
15.
Section 41-1758.01, Arizona Revised Statutes, is amended to read:
41-1758.01.
Fingerprinting division;
powers and duties A.
The fingerprinting division is established in the department of public safety and shall:
1.
Conduct fingerprint background checks for persons and applicants who are seeking licenses from state agencies, employment with licensees, contract providers and state agencies or employment or educational opportunities with agencies that require fingerprint background checks pursuant to sections 3-314, 8-105, 8-322, 8-463, 8-509, 8-802, 15-183, 15-503, 15-512, 15-534, 15-763.01, 15-782.02, 15-1330, 15-1881, 17-215, 28-3228, 28-3413, 32-122.02, 32-122.05, 32-122.06, 32-823, 32-1232, 32-1276.01, 32-1284, 32-1297.01, 32-1904, 32-1941, 32-1982, 32-2022, 32-2063, 32-2108.01, 32-2123, 32-2371, 32-3430, 32-3620, 32-3668, 32-3669, 32-3922, 32-3924, 32-4128, 32-4222, 36-113, 36-207, 36-411, 36-425.03, 36-446.04, 36-594.01, 36-594.02, 36-766.01, 36-882, 36-883.02, 36-897.01, 36-897.03, 36-2069, 36-3008, 41-619.52, 41-619.53, 41-1964, 41-1967.01, 41-1968, 41-1969, 41-2814, AND 41-4025, section 46-141, subsection A or B and section 46-321.
- 20 - S.B.
1361 2.
Issue fingerprint clearance cards.
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Action History

  1. Transmit to Senate

  2. PASSED

  3. DPA

  4. DPA

  5. House Second Reading

  6. House First Reading.

  7. Transmit to House

  8. PASSED

  9. DPA

  10. DPA

  11. Senate Second Reading

  12. Senate First Reading

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 90 not signed on · 14 voted No

Sponsors (1)

Co-sponsors (2)

Not signed on (90)

90 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 52 Yea · 6 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 22000
Republican 19202
Unaffiliated 11400
Total 52602
% of votes cast 87%10%0%3%
How each member voted (60)
Member Party Vote
Austin Smith — Nay
Barbara Parker — Nay
Ben Toma — Yea
Charles W Lucking — Yea
Cory McGarr — Yea
David L. Cook — Yea
Deborah Nardozzi — Yea
Jacqueline Parker — Nay
Jennifer Pawlik — Yea
Judy Schwiebert — Yea
Justin Heap — Nay
Keith Seaman — Yea
Laura Terech — Yea
Melody Hernandez — Yea
Travis W. Grantham — Yea
Alma Hernandez Democrat Yea
Analise Ortiz Democrat Yea
Betty J Villegas Democrat Yea
Cesar Aguilar Democrat Yea
Christopher Mathis Democrat Yea
Consuelo Hernandez Democrat Yea
Elda Luna-Nájera Democrat Yea
Junelle Cavero Democrat Yea
Lorena Austin Democrat Yea
Lupe Contreras Democrat Yea
Lydia Hernandez Democrat Yea
Mae Peshlakai Democrat Yea
Mariana Sandoval Democrat Yea
Myron Tsosie Democrat Yea
Nancy Gutierrez Democrat Yea
Oscar De Los Santos Democrat Yea
Patty Contreras Democrat Yea
Quantá Crews Democrat Yea
Sarah Liguori Democrat Yea
Seth Blattman Democrat Yea
Stacey Travers Democrat Yea
Stephanie Stahl Hamilton Democrat Yea
Alexander Kolodin Republican Nay
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Nay
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Not Voting
Steve Montenegro Republican Not Voting
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Official roll call →

Passed

Passed 20 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 8300
Democrat 7301
Unaffiliated 5201
Total 20802
% of votes cast 67%27%0%7%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Nay
Christine Marsh — Yea
Juan Mendez — Not Voting
Justine Wadsack — Yea
Ken Bennett — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Brian Fernandez Democrat Yea
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Yea
Eva Burch Democrat Yea
Eva Diaz Democrat Yea
Flavio Bravo Democrat Yea
Lela Alston Democrat Yea
Priya Sundareshan Democrat Yea
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Not Voting
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Nay
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Nay
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Shawnna Bolick Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Nay

Official roll call →

Subjects

public-safety housing health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 1361?
SB 1361 is sponsored by Janae Shamp (Republican), David Gowan (Republican), and Frank Carroll (Republican).
What is the current status of SB 1361?
This bill died with 56th Legislature - Second Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1361?
Track SB 1361 free on One Click Politics — get push/email alerts when it moves.

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