Reference Title: behavioral health licensure; local codes

AN ACT
AMENDING SECTION 36-402, ARIZONA REVISED STATUTES; RELATING TO HEALTH CARE INSTITUTIONS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-402, Arizona Revised Statutes, is amended to read:

36-402 . Exemptions

Nothing in this chapter or the rules adopted by the director pursuant to the provisions of this chapter authorizes the licensure, supervision, regulation or control of:

1. The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination.

2. Establishments, such as motels, hotels and boarding houses, which provide domiciliary and ancillary commercial services, but do not provide adaptive, medical, hospital, nursing, health-related or supervisory care services.

3. Private offices and clinics of health care providers licensed under title 32 unless patients are kept overnight as bed patients or treated otherwise under general anesthesia except where treatment by general anesthesia is regulated by title 32, chapter 11.

4. Dispensaries and first aid stations located within business or industrial establishments maintained solely for the use of employees if the facility does not contain inpatient beds and is under the supervision of a physician.

5. The collection, processing or distribution of whole human blood, blood components, plasma, blood fractions or derivatives procured, processed or distributed by federally licensed and regulated blood banks.

6. Adult foster care homes certified by the county or the department pursuant to section 11-293.01 or 36-410.

7. Places where four or fewer adults not related to the administrator or owner receive adult day health services for compensation on a regular basis.

8. Places wherein AT WHICH persons receive health-related HEALTH RELATED services only from relatives or from legal guardians OR PLACES THAT DO NOT PURPORT TO BE ESTABLISHMENTS THAT REGULARLY PROVIDE HEALTH RELATED SERVICES AT WHICH TWO OR FEWER PERSONS RECEIVE HEALTH RELATED SERVICES ON A TWENTY-FOUR HOUR BASIS .

9. The Arizona pioneers' home. However, the department of health services shall evaluate the health and sanitation conditions at the Arizona pioneers' home annually using the standards applicable to licensed nursing care institutions. Reports of such visits shall be prepared and disseminated to the president of the senate, the speaker of the house of representatives and the governor within thirty days of such visits. Reports shall include information as to the extent of compliance with applicable standards as compared to licensed nursing care institutions and recommendations for the improvement of care and services provided.

10. The personal residence of a terminally ill person, or the personal residence of that person's relative or guardian, where that person receives hospice services from a hospice service agency.

11. All medical and health related facilities and services that are provided to inmates who are confined in a state prison. The state department of corrections shall annually evaluate the medical and health related facilities and services that are provided to inmates to determine that the facilities and services meet the applicable standards that are adopted by the director of the department of health services. The state department of corrections shall report the results of its annual evaluation and the actual findings, including a plan of correction for any deficiencies, to the director of the department of health services. The department of health services shall conduct validation surveys on a percentage of the medical and health related facilities, the number of which shall be determined by the state department of corrections and the department of health services. The director of the state department of corrections shall maintain the annual evaluation reports. This paragraph does not apply to licensed behavioral or mental health INPATIENT treatment facilities that the state department of corrections operates.

APPROVED BY THE GOVERNOR APRIL 24, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 24, 1997.