2019 Arizona State Legislature Session - Disability Policy
Bills Signed Into Law by Governor Douglas Ducey
SB1172: Family caregivers; pilot; grant program
Establishes an individual income tax credit for taxpayers who incur qualitfying expenses for the care and support of qualifying family members in the taxpayer's home. As part of this three-year pilot program, individuals who submit one-time expenditures, such as home modifications, will be eligible for a rebate up to $1,000 for a couple who spends $2,000 and $500 for an individual who spends $1,000.
To see status: SB1172
SB1211: INTERMEDIATE CARE FACILITIES; LICENSURE; APS registry checks
Requires licensure of intermediate care facilities for individuals with an intelletual disability (ICF-IID) by January 1, 2020 and requires a Department of Child Safety (DCS) central registry background check or Adult Protective Services (APS) registry background check for any person who is employed or seeking employment in a position that provides direct services to children or vulnerable adults.
To see status: SB1211
SB1244: CAREGIVERS; ASSISTED LIVING; TRAINING
By June 1, 2020, the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers is required to prescribe rules for assisted living facility caregivers that are consistent with the training, competency and test methodology standards developed by the Arizona Health Care Cost Containment System (AHCCCS) Administration for in-home direct care workers. A person who successfully completes the training and competency requirements developed by the AHCCCS Administration for in-home direct care workers satisfies the training requirements for assisted living facility caregivers, except for medication administration training required by the assisted living facility caregiver's scope of practice.
ARS Titles Affected: 36
To see status: SB1244
SB1247: RESIDENTIAL CARE INSTITUTIONS; CHILDREN
The list of purposes for which information contained in the Department of Child Safety central registry may be used is expanded to include to provide information to licensees that do not contract with the state regarding persons who are employed or seeking employment to provide direct services to children in a licensed residential care institution. Beginning on the effective date of this legislation, licensees that do not contract with the state and that employ person who provide direct services to children in a licensed residential care institution are required to submit to the Dept information necessary to conduct central registry background checks. The Department of Health Services is prohibited from accepting an accreditation report in lieu of any licensure or compliance inspection of a residential facility providing behavioral health services to children.
ARS Titles Affected: 8 36 41
To see status: SB1247
SB1250: SEXUAL ASSAULT PROTECTIVE ORDER
A person is permitted to file a verified petition with a magistrate, justice of the peace or superior court judge for a sexual assault protective order, and requirements for the petition are established. A fee cannot be charged for filing a petition or for service of process. The court is required to issue a protective order if the court determines that there is reasonable cause to believe the defendant engaged in sexual contact with the plaintiff without consent within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period. Specifies actions the court is permitted to take if the court issues a sexual assault protective order. Establishes requirements for service of a sexual assault protective order.
ARS Titles Affected: 13
To see status: SB1250
SB1483: vulnerable adults; financial exploitation
If a "qualified individual" (defined) reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted or is being attempted, the individual is permitted to notify Adult Protective Services and the Corporation Commission. An individual who in good faith discloses information under this allowance is immune from administrative or civil liability that might otherwise arise from the disclosure. A broker-dealer or investment adviser is authorized to delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if the broker-dealer, investment adviser or qualified individual reasonably believes that the requested disbursement may result in financial exploitation of an eligible adult, and the broker-dealer or investment adviser takes a list of specified actions, including notifying parties of the delay. A broker-dealer or investment adviser is required to provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to Adult Protective Services and law enforcement.
To see status: SB1483
SB1537: service providers; fingerprint card
Each person, whether paid or not, who is licensed by the Department of Child Safety (DCS), is employed by a DCS licensee, is a DCS contractor that provides services directly to juveniles or vulnerable adults, or is an adult working in a group home, residential treatment center, shelter or other congregate care setting is required to have as a condition of employment a valid fingerprint clearance card or must apply for a fingerprint clearance card within seven working days after being employed.
ARS Titles Affected: 41 46
To see status: SB1537
SB1538: central intake: adult protective services
Numerous changes relating to Adult Protective Services (APS). Establishes the "Adult Protective Services central intake unit" as a unit of specialized staff within APS that is responsible for receiving and screening reports of alleged abuse, neglect or exploitation of vulnerable adults and making the necessary referrals. APS is authorized to establish a multidisciplinary APS team to develop resources for prevention, intervention and treatment to better meet the community's needs for adult protection services. The list of persons with a duty to report a reasonable belief that a vulnerable adult has been the victim of abuse, neglect or exploitation is expanded to include various health care and emergency personnel and employees of the Department of Economic Security. Unless otherwise provided by law, all personally identifying information concerning any person who is involved in an APS program, including the reporting source's identity, other than a perpetrator against whom an allegation of abuse, neglect or exploitation has been substantiated, and all information that is gathered or created by APS and that is contained in APS records is confidential and may not be released except as specifically provided in this legislation. APS employees are added to the list of persons who may file an affidavit to request county officers and state agencies prohibit access to that person’s residential address and telephone number contained in certain public records, and who must be notified of the expiration of restrictions on related public records.
To see status: SB1538
HB2008: DUTY TO REPORT; SUPERVISOR; ADMINISTRATOR
The list of persons with a duty to report a reasonable belief that a minor has been the victim of abuse or neglect is expanded to include any person who is employed as the immediate or next higher level supervisor to or administrator of a person who has a duty to report (other than the child's parent or guardian) and who develops the reasonable belief in the course of the supervisor's or administrator's employment.
ARS Titles Affected: 13
To see status: HB2008
HB2113: Diaper changing stations; public restrooms
Requires new or remodeled restooms in a public building to include at least one adult changing station and at least one baby changing station, or a changing station that is created for both.
To see status: HB2113
HB2117: DEVELOPMENTAL HOMES; MONITORING
A service provider that operates a group home or an intermediate care facility for persons with an intellectual disability is permitted to install "electronic monitoring devices" (defined) in common areas. The service provider is required to establish policies regarding the use of electronic monitoring and the policies must include a list of specified provisions. The policies must be approved by the Department of Health Services prior to installation.
ARS Titles Affected: 36
To see status: HB2117
HB2466: victims' rights/civil action; assault; limitation; applicability
Establishes an emergency measure that creates a statute of limitations of 12 years after a plaintiff reaches 18 years of age for civil lawsuits involving minor victims of unlawful sexual conduct and sexual contact. It allows victims above the age of 32 otherwise time-barred until December 31, 2020 to bring their civil claims as outlined.
ARS Titles Affected: 12, 13
To see status: HB2466
HB2570: study committee; missing and murdered indigenous women
Establishes a study committee to investigate and gather data about the problem of missing and murdered indigenous women in Arizona.
To see status: HB2570
HB2206: SEXUAL ASSAULT VICTIMS; STUDY COMMITTEE
Establishes a list of rights that a survivor of a sexual assault has, including the right not to be charged for a medical evidentiary examination, the right to receive postcoital contraception at no cost and within four hours after the survivor arrives at a medical facility, the right to consult with a sexual assault victim advocate, and the right to have a prompt analysis of sexual assault kit evidence. Establishes a 15-member Sexual Assault Survivor Rights Study Committee to study nationally recognized best practices and make recommendations on a list of various issues relating to sexual assault. The Committee is required to submit a report of its findings and recommendations to the Governor, the Legislature, the Attorney General, victims' rights organizations and sexual assault crisis centers by 18 months after the effective date of this legislation. The Committee self-repeals October 1, 2021.
ARS Titles Affected: 13
To see status: HB2206
HB2356: PUBLIC SAFETY GUARDIANSHIPS
Establishes the Office of Public Safety Guardianship to initiate and administer "public safety guardianships" (PSG) (defined). If ordered by the court, the Office is required to file a petition to initiate a PSG. The statutory procedures for a guardianship apply to a PSG except as prescribed by this legislation. The court is authorized to appoint the Office as a public safety guardian if the court finds by clear and convincing evidence that a list of factors are true, including that the person is likely to commit violent acts or cause serious physical harm to another person in a PSG is not ordered. A public safety guardian has all the powers of a guardian and is permitted to place the incapacitated incompetent person in inpatient psychiatric facilities licensed by the Department of Health Services for the duration of the PSG. The State Hospital is required to establish a program to treat, house and care for persons for whom a public safety guardian has been appointed, and program requirements are specified. The Office terminates on July 1, 2027.
ARS Titles Affected: 13 14 41
To see status: HB2356
HB2566 peace officer training; requirements
The officer training prescribed by the Arizona Peace Officers Standards and Training Board is required to include training on the protocol for interaction when encountering an individual with communication deficits, including deafness, developmental disability, or mental illness. The Board is required to develop an in-person training course and an online training course that is administered by the Arizona Commission for the Deaf and the Hard of Hearing. All certified peace officers who are certified on or after the effective date of this legislation are required to attend the in-person training course. All peace officers who were certified before the effective date of this legislation are required to complete the online training course within two years. After the initial training course, each peace officer is required to complete the online training course once every three years. Beginning in January 2021, the Board is required to biennially report to the Governor and the Legislature specified information relating to the training course.
ARS Titles Affected: 13
To see status: HB2566
HB2558: APPROPRIATION; STATEWIDE ADA COORDINATOR
The Governor's Office of Equal Opportunity is required to hire a full-time statewide Americans with disabilities coordinator to implement an annual plan to carry out the requirements of the Americans with Disabilities Act in Arizona. Appropriates $100,000 and 1 FTE position from the general fund in FY2019-20 to the Office for the coordinator.
ARS Titles Affected: 41
To see status: HB2558
Hb2624: DCS: Investigation; Schools; children; disabilities
A child safety worker or a child safety investigator is authorized to enter a school that teaches a "child with disabilities" (defined) to investigate a report of abuse of such a child at the school.
To see status: HB2624
Hb2665: Health Care Institutions; Education Abuse
The Department of Health Services and the Department of Economic Security are required to jointly develop a curriculum to educate and train all persons who are employed in a capacity of caring for vulnerable adults on the signs of neglect and abuse, including sexual abuse. Beginning January 1, 2020, each health care institution, group home and intermediate care facility for individuals with intellectual disabilities is required to provide mandatory education and training using the curriculum to each person working in the health care institution, group home or intermediate care facility that provides care to vulnerable adults. The person is required to complete the education and training before beginning employment and to update the education and training annually. Emergency clause.
ARS Titles Affected: 36
To see status: HB2665
Hb2666: Mandatory reporting; vulnerable adults; penalties
The list of persons with a duty to report a reasonable belief that a vulnerable adult has been the victim of abuse, neglect or exploitation is expanded to include any "health professional" (defined elsewhere in statute) who has responsibility for the care of the vulnerable adult. Reports may be made by telephone or online, and the requirement for a written report to be mailed or delivered within 48 hours is deleted. If a failure to report involves a sexual offense, the criminal classification is a class 6 (lowest) felony, instead of a class 1 (highest) misdemeanor. Emergency clause.
ARS Titles Affected: 46
To see status: HB2666
SB1107: APPROPRIATIONS; AREA AGENCIES ON AGING
Appropriates $2.74 million from the general fund in each of FY2019-20, FY2020-21 and FY2021-22 to the Department of Economic Security for Area Agencies on Aging to provide nonmedical home and community based services for seniors who are on a waitlist.
To see status:SB1107
NOTE: In 2019, the Area Agencies on Aging received additional funds of about $3.7 million from federal sources, but the allotment does not come from state dollars.
SB1225: APPROPRIATION; DEVELOPMENTAL DISABILITIES SERVICES PROVIDERS
Makes a supplemental appropriation of $508,600 from the general fund and $1.18 million from the Developmental Disabilities Medicaid Expenditure Authority in FY2018-19 to the Department of Economic Security for onetime emergency assistance to developmental disabilities services providers.
ARS Titles Affected: 41
To see status: SB1225
SB1237: CHILD CARE; FINGERPRINTING
Child care personnel, including volunteers, are required to have valid fingerprint clearance cards before beginning employment or volunteer work, and are no longer given the option of applying for a card within seven working days of employment. Child care home providers are required to have valid fingerprint clearance cards before being registered with the Department of Economic Security, and are no longer given the option of applying for a card by the date of registration.
ARS Titles Affected: 36 41
To see status: SB1237
SB1251: SCHOOLS; SEXUAL ABUSE PREVENTION EDUCATION
Beginning in the 2020-21 school year, school districts and charter schools are required to establish education and training on sexual abuse prevention for employees and students in accordance with guidelines and curricula developed by the Department of Education. Information that must be included in the education and training is specified. Each public school is required to post in a public area of the school that is readily accessible to students a sign that contains the telephone number operated by the Department of Child Safety to receive reports of child abuse or neglect.
ARS Titles Affected: 15
To see status: SB1251
SB1254: SEXUAL ASSAULT; SURVIVOR RIGHTS
Establishes a list of rights that a survivor of a sexual assault has, including the right not to be prevented from or charged for a medical forensic examination and various rights relating to a sexual assault evidence collection kit.
ARS Titles Affected: 8 13
To see status: SB1254
SB1255: CIVIL ACTION; ASSAULT; REPORTING; LIMITATION
An action for the recovery of damages that is based on an injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of a sexual assault committed against the minor, or that is based on the failure to report child abuse or a sexual assault committed against a minor is required to be commenced within seven years after the cause of action accrues. For these circumstances, a cause of action accrues on occurrence of the later of either the plaintiff reaching 18 years of age or the plaintiff first disclosing the sexual assault to a licensed medical or mental health care provider in the context of receiving health care from the provider. Applies to any cause of action that is commenced on or after the effective date of this legislation and that was filed before and remains pending on the effective date of this legislation. Revives any cause of action that would have been time barred by the laws of this state that were in effect before the effective date of this legislation.
ARS Titles Affected: 12
To see status: SB1255
SB1356: ASSISTED LIVING; CAREGIVERS; TRAINING
Before working in an assisted living facility without "direct supervision" (defined), assisted living facility caregivers are required to complete 62 hours of on-the-job training under the direct supervision of a licensed health professional, and to pass the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers examination with at least 75 percent.
ARS Titles Affected: 36
To see status: SB1356
SB1384: APPROPRIATION: ADULT PROTECTIVE SERVICES
Makes an additional $3 million appropriation and funds 43 FTE positions from the state general fund in Fiscal Year 2019-2020 to the Arizona Department of Economic Security for Adult Protective Services.
To see status: SB1384
NOTE: In 2019, Adult Protective Services did receive additional funds stemming from federal dollars about $6 million from federal sources, but the allotment does not come from state dollars.
SB1475: dna identification database; requirements
Requires individuals who work in intermediate care facilities pay $250 to submit DNA samples to the Arizona Department of Public Safety for a DNA identification database, separate from the existing criminal justice DNA database.
To see status: SB1475