List of 2020 Bills - Arizona State Legislature
The Arizona State Legislature officially adjourned sine die - a formal way of saying ending - its very unusual 54th Legislative Session on May 26, 2020. As a result, all proposed bills listed below effectively died. Stay tuned to our legislative page for more updates.
Stalled Bills
HB2051: Informed Consent; Pelvic Examinations
Proposes that pelvic examinations conducted without the consent of an anesthetized or unconscious patient's consent will be considered unprofessional conduct of licensed doctors, physician's assistants and nurse practitioners, unless a medical emergency occurs that requires a pelvic examination.
HB2097: Schools; Child Abuse Hotline
Requires Arizona public schools to publicly post signs displaying the Department of Child Safety abuse hotline and website in an area clearly visible to the students.
HB2192: Appropriation; Domestic Violence; Sexual assault
Appropriates $2 million from the general fund in FY2020-21 to the Department of Economic Security to distribute to Indian tribes located in Arizona for culturally sensitive domestic violence and sexual assault crisis intervention.
HB2260: Health Facilities; resucitation; emergency care
Skilled nursing facilities, assisted living centers, assisted living facilities, assisted living homes, adult foster care homes, group homes, residential care institutions and other similar health care institutions as prescribed in rule by the Department of Health Services and their respective employees have an affirmative duty to care for their residents. These facilities are required to provide basic life support, including initiating immediate resuscitation, before the arrival of emergency medical services to a resident who experiences cardiac arrest or any other cessation of respirations in accordance with that resident's advance directives or in the absence of advance directives or a do-not-resuscitate order for that resident. These facilities are required to provide recovery assistance to noninjured residents who have fallen and are unable to reasonably recover themselves independently. Facility staff who are certified in cardiopulmonary resuscitation and who are certified in fall recovery must be available at the facility at all times. These facilities are prohibited from implementing policies that prevent employees from providing immediate resuscitation, emergency care or fall recovery assistance to their patients or residents.
HB2318: Healthcare institutions; accreditation; inspections
The Department of Health Services is authorized to accept an accreditation report in lieu of a compliance inspection for any health care institution, instead of only a behavioral health residential facility providing services to children, only if the institution is accredited by an independent, nonprofit accrediting organization approved by the Secretary of the U.S. Department of Health and Human Services, and the institution has not been subject to an enforcement action within the year preceding the annual licensing fee anniversary date.
HB2529: Nonretaliation Policies; health care institutions
The policy prohibiting retaliatory action against a health professional who in good faith reports a practice or policy that violates professional standards of practice or is against the law or poses a substantial risk to the health, safety or welfare of a patient, which licensed health care institutions are required to adopt, is expanded to include prohibiting retaliatory action by any of the health care institutions "third-party contractors" (defined).
HB2538: Health care workers; assault; prevention
The list of victims of assault that cause an assault to be classified as aggravated assault if the defendant knows of their profession is expanded to include a "health care worker" (defined) while engaged in the health care worker's work duties. Aggravated assault committed on a health care worker in these circumstances is a class 5 (second lowest) felony if the assault involved physical injury. Within six months after the effective date of this legislation, "health care employers" (defined as licensed health care institutions with more than 50 employees) are required to develop, implement and maintain a written workplace violence prevention plan that includes specified provisions. As soon as practicable after a workplace violence incident that a health care employer has knowledge of, the employer is required to investigate the incident and to document the findings, recommendations and corrective measures taken for each investigation conducted.
HB2540: Emotional Abuse; vulnerable adults
For the purpose of Adult Protective Services statutes, the definition of "abuse" is expanded to include "emotional abuse" (defined).
HB2549: Adult Protective services; audit; appropriation
The Auditor General is required to engage an independent consultant with expertise in adult protective services operations and investigations to examine the current adult protective services and consider best practices to improve the delivery of services in Arizona. The consultant is required to submit a report of its findings and recommendations to the Governor and the Legislature by July 1, 2021. Appropriates $300,000 from the general fund in FY2020-21 to the Auditor General for this purpose.
HB2550: DHS; Long-Term Care facility supervisors
Makes a supplemental appropriation of $3.3 million and 44 FTE from the general fund in FY2020-21 to the Department of Health Services to hire additional long-term care facility surveyors.
HB2581: Dangerous; incompetent person; evaluation; commitment
Establishes a new chapter in Title 36 (Public Health and Safety) governing procedures for dangerous and incompetent persons who are committed. Requires an annual examination of such persons, and requires the court to hold a hearing on an examination report that indicates the person is no longer dangerous or incompetent. A committed incompetent is allowed to petition the court for conditional release or discharge under certain circumstances, and requirements for hearings and determinations on the petition are established. Establishes requirements for detention and commitment and for revocation of conditional release. A committed incompetent cannot be transported from a licensed facility except for specified reasons. Also makes various changes to statutes relating to determining whether a defendant is dangerous or incompetent. Information that must be included in an expert's written report of an examination is expanded. More. Retroactive to January 1, 2021.
HB2632: AHCCCS; Eligibility
The Arizona Health Care Cost Containment System Administration is required to annually renew the eligibility of an individual who was in the custody of the Department of Child Safety when the individual reached 18 years of age without requiring additional information from the individual until the individual reaches 26 years of age, unless the individual notifies the AHCCCS Administration that the individual moved out of Arizona or has provided information indicating that the individual may qualify for a different eligibility category.
HB2727: AHCCCS; PREGNANT WOMEN; DENTAL CARE
The list of covered services under the Arizona Health Care Cost Containment System (AHCCCS) is expanded to include comprehensive dental care for women who are at least 21 years of age and in any stage of pregnancy. Appropriates $178,900 from the general fund and $478,300 from federal Medicaid authority in FY2020-21 to the AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the general fund in FY2020-21 to the AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. By October 1, 2021, the AHCCCS Administration is required to report to the Governor and the Legislature the actual costs incurred to provide dental services to pregnant women and the actual costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women during FY2020-21.
HB2764: Mental health omnibus
Numerous changes to statutes relating to mental health. Adds a new chapter to Title 20 (Insurance) requiring each health care insurer that issues a health plan in Arizona to comply with the federal Mental Health Parity and Addiction Equity Act. Requires the Department of Insurance and Financial Institutions (DIFI) to evaluate health plan compliance and enforce related regulations. Appropriates $200,000 and one FTE position from the general fund in FY2020-21 to DIFI to administer the mental health parity requirements of this legislation. Prohibits health care insurers that issue a health plan including mental health or substance use disorder benefits for a minor solely on the grounds that the service was provided in a school or ordered by a court. Establishes a Mental Health Parity Advisory Committee to advise the Directors of the DIFI and the Department of Health Services (DHS) on matters relating to mental health parity. Establishes the Suicide Mortality Review Team in DHS to develop a suicide mortalities data collection system and study the adequacy of statutes and services to determine changes needed to decrease the incidence of preventable suicides and take steps to implement those changes. DHS is authorized to use monies in the Child Fatality Review Fund to staff the Review Team. Establishes the Children's Behavior Health Services Fund, to be administered by DHS and used to enter into an agreement with one or more contractors for children's behavioral health services. Appropriates $8 million from the general fund in FY2020-21 to the Fund. By January 1, 2021, the Arizona Department of Education (ADE) is required to contract with a research entity to conduct a study to determine the adequacy of behavioral health services offered in school districts and charter schools in Arizona. Information that must be included in the study is specified. By June 30, 2023, ADE is required to submit a report summarizing the research study to the Governor and the Legislature. Appropriates $300,000 from the general fund in FY2020-21 to ADE for the research study. Requires DIFI and DHS to adopt various rules relating to this legislation.
HB2769: guardianship; supported decision-making
Summary to come; check back later.
HB2799: area agencies on aging; appropriation
Appropriates $2.5 million from the general fund in FY2020-21 to the Department of Economic Security for Area Agencies on Aging to provide nonmedical home and community based services. The Legislature intends for the appropriation to be considered ongoing funding in future years.
SB1049: Advisory Council on Aging
Establishes the state advisory council on aging to be moved under the Governor's Office of Youth, Faith and Family from the Department of Economic Security.
SB1055: Hard of Hearing Commission; Continuation
Proposes to continue the Arizona Commission for the Deaf and the Hard of Hearing until 2028.
SB1056: Deaf; Hard of Hearing; Deafblind
The duties of the Commission for the Deaf and the Hard of Hearing are expanded to include issues and services relating to the needs of the "deafblind" (defined), and to include making recommendations to the Legislature on assessment standards that optimize the language acquisition and literacy development of deaf and hard of hearing newborns, infants and children.
SB1060: Special Education; Group B Weights
Monies in the Extraordinary Special Education Needs Fund are continuously appropriated, instead of subject to legislative appropriation.
SB1074: Occupational Therapists; Fingerprint Clearance Cards
Beginning January 1, 2021, an applicant for licensure by the Board of Occupational Therapy Examiners is required to possess a valid fingerprint clearance card, instead of being required to submit a full set of fingerprints for a criminal records check.
SB1086: DHS; Long-Term Care Facility Surveyors
Allots an additional $3,300,000 and 44 full-time employees to the Arizona Department of Health Services to hire more long-term care facility surveyors.
SB1088: Developmental disabilities; spina bifida
The state definition of "developmental disability" is expanded to include a severe, chronic disability that is attributable to "spina bifida" (defined).
SB1146: schools; seizure management; treatment plans
Beginning in the 2020-2021 school year, the parent or guardian of a student who has a seizure disorder and who is enrolled in public school in Arizona is authorized to seek care for the student's seizures while the student is at school or participating in a school-sponsored activity. The parent or guardian is required to submit to the school district or charter school a copy of a seizure management and treatment plan developed by the parent or guardian and the physician responsible for the student's seizure treatment. Requirements for the plan are specified. School districts, charter schools, employees of school districts or charter schools and nurses who are under contract with a school district or charter school are immune from civil liability with respect to all decisions made and actions taken that are based on good faith implementation of a seizure management and treatment plan. By December 1, 2020, the State Board of Education is required to approve an online course of instruction that is provided free of charge by a nonprofit national foundation and that supports the welfare of individuals with epilepsy and seizure disorders. School nurses and school employees whose duties include regular contact with students are required to complete the online course.
SB1170: AHCCS; Pregnant Women; Dental Care
The list of covered services under the Arizona Health Care Cost Containment System (AHCCCS) is expanded to include comprehensive dental care for women who are at least 21 years of age and in any stage of pregnancy. Appropriates $178,900 from the general fund and $478,300 from federal Medicaid authority in FY2020-21 to the AHCCCS Administration for dental services to pregnant women. Appropriates $3.63 million from the general fund in FY2020-21 to the AHCCCS Administration to cover costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women. By October 1, 2021, the AHCCCS Administration is required to report to the Governor and the Legislature the actual costs incurred to provide dental services to pregnant women and the actual costs incurred due to eligibility changes directly related to the introduction of a dental benefit for pregnant women during FY2020-21.
SB1210: assisted living; caregivers; training
For certification as an assisted living facility caregiver, an individual is required to successfully complete either 62 hours of on-the-job training under the "direct supervision" (defined) of a licensed health professional or the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers' required curriculum and examination for assisted living facility caregiver certification. The Board is required to prescribe standards for the on-the-job training by rule.
SB1228: prisoners; braille transcriber training program
The Department of Corrections is required to establish a braille transcriber training program that offers inmates high quality vocational training in braille transcription. The Dept is required to develop the application process, selection criteria and minimum performance standards that apply to a service provider that applies to participate in the program, and to award a grant to a service provider that meets a list of specified requirements. The program terminates on July 1, 2030. Appropriates $250,000 from the general fund in FY2020-21 to the Dept for the program.
SB1278: victims' privacy; criminal case information
A victim's identifying and locating information that is obtained, compiled or reported by a law enforcement agency or prosecution agency must be redacted from records pertaining to the criminal case involving the victim, including discovery disclosed to the defendant's attorney or any of the attorney's staff.
SB1283: appropriation; emergency shelter beds; seniors
Appropriates $5 million from the general fund in FY2020-21 to the Department of Economic Security for emergency shelter beds in western Maricopa County to shelter and serve homeless seniors who are at least 55 years of age. The Dept is required to distribute the monies to a single Arizona nonprofit provider that meets a list of specified requirements.
SB1291: emergency assistance; falls; liability
A person who in good faith renders emergency care or emergency assistance either at the direction of an emergency dispatch operator for or to prevent further injury to a person who has fallen is not liable for any civil damages as the result, unless the person acted with gross negligence while rendering the emergency care or emergency assistance.
SB1349: Appropriation; student with disabilities
Appropriates $1 million from the general fund in FY2020-21 to the Department of Health Services for grants to statewide organizations that are dedicated to promoting evidenced-based health, unified sports, leadership and transition programs for students with intellectual and developmental disabilities in preschool and kindergarten programs and grades 1 through 12. The monies may be spent only when the organization collect matching monies of gifts, grants and donations from sources other than the state.
SB1397: insurance; preexisting condition exclusions; prohibition
Every "health care insurer" that offers an "individual health plan" (both defined) in Arizona is required to provide guaranteed availability of coverage to an eligible individual who desires to enroll in health insurance coverage and is prohibited from declining to offer that coverage to, or denying enrollment of, that individual. Every health care insurer that offers an individual health plan in Arizona is prohibited from imposing any "preexisting condition exclusion" (defined) with respect to the issuance, renewal or scope of benefits provided in such coverage. A health care insurer is permitted to restrict enrollment in individual health plans to open enrollment periods and special enrollment periods to the extent the periods are not inconsistent with applicable federal law. Some exceptions. Conditionally enacted on a court of competent jurisdiction ruling that the federal Patient Protection and Affordable Care Act is unconstitutional and the judgment of that court becoming final and definitive on or before June 30, 2023.
SB1448: schools; required posting; abuse hotline
School district schools and charter schools are required to post in a clearly visible location in a public area of the school that is readily accessible to students a sign that contains the telephone number of the centralized intake hotline concerning suspected abuse and neglect of children, instructions to call 911 for emergencies, and directions for accessing the website of the Department of Child Safety for more information.
SB1478: assisted living caregivers; nursing; training
By December 1, 2020, the Arizona State Board of Nursing is required to report to the Legislature a pathway for assisted living facility caregivers to apply their hours of training and practical experience toward the training requirements for licensed nursing assistants and certified nursing assistants, including any possible statutory changes. Self-repeals July 1, 2021.
SB1487: caregiver protections; placement provider investigation
A parent or out-of-home placement provider that brings into the home a biological, foster or adoptive child whose behavioral health needs pose a risk to the safety and welfare of other family members is not civilly liable for an act or omission of the parent or out-of-home placement provider while acting in the capacity of a biological, foster or adoptive parent, or for an act or omission of a child while the child is in the parent's or out-of-home placement provider's care. Some exceptions. An out-of-home placement provider that allows a child to participate in an age or developmentally appropriate activity is not civilly liable for any act or omission in allowing the child to participate, if in making this decision the out-of-home placement provider acted according to the "reasonable and prudent parenting standard" (defined). Establishes procedures the Department of Child Safety is required to follow if an allegation of abuse is made against an out-of-home placement provider, and a process for a conflict resolution conflict if an allegation other than abuse is made against an out-of-home placement provider.
SB1505: Nursing supported group homes; licensure
By July 1, 2021, a "nursing supported group home" (defined) that is operated in Arizona by the Department of Economic Security or a private entity is required to be licensed as a health care institution. Effective July 1, 2021, nursing supported group homes are added to various statutes regulating group homes.
SB1523: Mental health omnibus
Numerous changes to statutes relating to mental health. Adds a new chapter to Title 20 (Insurance) requiring each health care insurer that issues a health plan in Arizona to comply with the federal Mental Health Parity and Addiction Equity Act. Requires the Department of Insurance and Financial Institutions (DIFI) to evaluate health plan compliance and enforce related regulations. Appropriates $200,000 and one FTE position from the general fund in FY2020-21 to DIFI to administer the mental health parity requirements of this legislation. Prohibits health care insurers that issue a health plan including mental health or substance use disorder benefits for a minor solely on the grounds that the service was provided in a school or ordered by a court. Establishes a Mental Health Parity Advisory Committee to advise the Directors of the DIFI and the Department of Health Services (DHS) on matters relating to mental health parity. Establishes the Suicide Mortality Review Team in DHS to develop a suicide mortalities data collection system and study the adequacy of statutes and services to determine changes needed to decrease the incidence of preventable suicides and take steps to implement those changes. DHS is authorized to use monies in the Child Fatality Review Fund to staff the Review Team. Establishes the Children's Behavior Health Services Fund, to be administered by DHS and used to enter into an agreement with one or more contractors for children's behavioral health services. Appropriates $8 million from the general fund in FY2020-21 to the Fund. By January 1, 2021, the Arizona Department of Education (ADE) is required to contract with a research entity to conduct a study to determine the adequacy of behavioral health services offered in school districts and charter schools in Arizona. Information that must be included in the study is specified. By June 30, 2023, ADE is required to submit a report summarizing the research study to the Governor and the Legislature. Appropriates $300,000 from the general fund in FY2020-21 to ADE for the research study. Requires DIFI and DHS to adopt various rules relating to this legislation.
SB1552: developmental disability providers; rates; appropriations
Appropriates the following amounts in the following fiscal years to the Department of Economic Security to provide reimbursement rate increases for services to individuals with intellectual and developmental disabilities: $50 million from the general fund and $166.7 million in Medicaid expenditure authority in FY2020-21, and an unspecified amount (blank in original) from the general fund and an unspecified amount (blank in original) in Medicaid expenditure authority in FY2021-22 and FY2022-23. The Dept is required to use the FY2019-20 rate rebase study to provide reimbursement rate increases for all services provided to individuals with intellectual and developmental disabilities in FY2020-21, FY2021-22 and FY2022-23 so that each service receives an increase in each of the three fiscal years, unless a service reaches 100 percent of the benchmark rate. The Dept is required to ensure that all reimbursement rates for services provided to individuals with intellectual and developmental disabilities are at 100 percent of the benchmark rates by the end of FY2022-23. The Dept is required to report to the Joint Legislative Budget Committee by September 1 each fiscal year describing its plans to implement these provider rate increases. Contains a legislative intent section.
SB1660: child sex trafficking; omnibus
Various changes to statutes relating to child sex trafficking. Taking a child for "prostitution" in various statutes is replaced with taking a child for "child sex trafficking." For the purpose of sexual offenses, the definition of "position of trust" is expanded to include persons with specified types of relationships with a minor, including the minor's employer, youth pastor, and any school employee who is 18 years of age or older. The court is permitted to order that a pro se defendant in a prosecution for a violation of sexual abuse or child sex trafficking is prohibited from directly questioning the minor victim if the court determines that direct questioning by the pro se defendant would prevent the minor victim from being able to reasonably communicate. The State Board of Education is required to establish best practices for social media and cellular telephone use between students and school personnel, and encourage school district governing boards and charter school governing bodies to adopt policies that implement these best practices. The Department of Education is required to develop a statewide training curriculum on the mandatory reporting laws of Arizona for public school personnel, and each public school must require its personnel to complete the training.
SB1675: Child sex trafficking; offense; penalty
Outlines child sex trafficking classifications and penalties
HB2016: Teacher immunity; Student discipline
A full-time teacher who is employed by a school district or charter school is immune from personal liability for all actions taken in good faith in disciplining any student if the teacher disciplines the student in accordance with law.
HB2067: Sex Ed; Comprehensive; Medically Accurate
Adds language to provide medically accurate and comprehensive sexual education to Arizona middle school and junior high students that allows parents and guardians to opt out of the curriculum.
HB2277: schools; sex education instruction (hernandez)
Provide sex education instruction that is medically accurate and age-appropriate for pupils who are in kindergarten through 12th grade
HB2361: Sex Education; Child Abuse prevention (fillmore)
School districts and charter schools are prohibited from providing sex education instruction to a student before 6th grade. If a school district or charter school offers sex education instruction, the instruction is required to be medically and factually accurate, and to emphasize biological sex and not gender identities. School districts and charter schools are prohibited from providings the instruction to a student without written permission from the student's parent. All sex education materials and instruction are required to promote honor and respect for monogamous marriage. Beginning in the 2020-21 school year, school districts and charter schools are required to establish education and training on child abuse prevention for both school personnel and for students in kindergarten through 5th grade. This education and training must be designed to promote self-protection and accountability and to prevent the abuse of children, including sexual abuse, and other requirements for the training are established. School districts and charter schools are also required to provide personnel with education and training on prevention techniques for and recognition of child abuse, and information that must be included is specified. School district schools and charter schools are also required to post in a public area of the school that is readily accessible to students a sign that is at least 11 inches by 17 inches, that is placed at students' eye level, and that contains a list of information related to child abuse, child neglect and the exploitation of children in English and in Spanish, including the telephone number of the centralized intake hotline concerning suspected abuse and neglect of children. The authorization for school districts to provide instruction to students on acquired immune deficiency syndrome and the human immunodeficiency virus is limited to students in grades 6 through 12. Appropriates $415,000 from the general fund in FY2020-21 to the Department of Education to distribute to school districts and charter school to establish education and training on child abuse prevention as required by this legislation.
HB2372: Schools; dyslexia; screening; training
The deadline for the Department of Education to develop a dyslexia screening plan is extended one year, to July 1, 2021. The deadline for each school district and charter school ensure that at least one kindergarten through third grade teacher in each school has received dyslexia training is extended one year, to July 1, 2022.
HB2391: Sexual violence; interpreters; service providers
A linguistic interpreter is prohibited from disclosing as a witness and communication between a victim and a linguistic interpreter is protected in the same manner as communication between a victim and a crime victim advocate. Establishes the Sexual Assault Services Fund, to be administered by the Department of Economic Security. The Dept is required to spend monies in the Fund to provide financial assistance through a competitive grant process to "sexual violence service providers" (defined) for victims of sexual violence through contracts for services. Eligibility requirements to receive Fund monies are specified. Appropriates $10 million from the general fund in FY2020-21 to the Fund for providing the grants.
HB2428: Medicare Supplement; disability; renal disease
Any insurer that offers Medicare supplement insurance policies in Arizona to persons who are at least 65 years of age is required to also offer Medicare supplement insurance policies to persons who are eligible for and enrolled in Medicare due to a disability or end-stage renal disease. All benefits and coverages that apply to a Medicare enrollee who is at least 65 years of age must also apply to a Medicare enrollee who is enrolled due to a disability or end-stage renal disease. Any premium charged to an enrollee who qualifies for Medicare due to a disability or end-stage renal disease cannot be excessive or unfairly discriminatory compared to the premium charged to an enrollee who qualifies for Medicare due to being at least 65 years of age. A Medicare supplement insurance policy cannot prohibit a payment made by a third party on behalf of an enrollee if full payment is made in a timely manner as provided in the policy.
HB2432: Newborn screenings; report
By December 31, 2021, the Department of Health Services, in conjunction with the Newborn Screening Advisory Committee and the Arizona Health Care Cost Containment System Administration, is required to submit a report to the Governor and the Legislature on the Newborn Screening Program. Information that must be included in the report is specified. Self-repeals July 1, 2022.
HB2449: Schools; Pupil discipline
A school district or charter school is authorized to suspend or expel a student in kindergarten through 4th grade only if all of a list of circumstances apply, including that the district or school has employed alternative behavioral and disciplinary interventions. School districts and charter schools are prohibited from imposing an expulsion of more than one year or a suspension of more than 20 school days. If a student is expelled from a school district or charter school, the district or school is required to provide the student and the student's parents with resources regarding accessible alternative educational options. If a student is expelled from a school district or charter school or suspended for more than 5 school days, the district or school is authorized to provide educational services for the student in an alternative education setting. School districts and charter schools are permitted to refuse to admit a student who was previously expelled from that district or school and continues to endanger the health or safety of others due to continuing to threaten violence. School boards are required to develop procedures allowing teachers to request that a student be immediately reassigned to another classroom under specified circumstances. School districts and charter schools are required to monthly report to the Department of Education on a list of specified information related to student discipline, including suspension, expulsion, alternative education, restraint and seclusion, and to annually report to the Dept a list of demographic information of all students who are suspended, expelled or reassigned to an alternative education setting. The Dept is required to compile the reports and annually post the information on its website.
HB2450: Early Childhood Mental Health; Appropriations
Establishes the Early Childhood Mental Health Consultation and Referral Pilot Program to support the social and emotional well-being of children who are not yet in kindergarten and to prevent, identify and reduce challenging behaviors. The Department of Economic Security is required to award a contract on a competitive basis to a service provider that demonstrates the ability to implement the Program. The service provider must quarterly report specified information on the Program to the Dept, and the Dept is required to submit an annual report to the Governor and the Legislature by October 1 of each year. Appropriates $2 million from the general fund in each of FY2020-21 through FY2024-25 to the Dept for the Program. The Program self-repeals July 1, 2025.
HB2514: Schools; special ed weights; funding
Session law establishes new calculations for the base support level for school funding, including new support level weights, for FY2020-21, FY2021-22, FY2022-23, and FY2023-24. Modifies the statutory school support level weights used to calculate the base support level for FY2024-25 and each FY after, and adds a funding category of "G" for educational programs for gifted students. The Auditor General is required to conduct and complete a special audit and cost study of school district special education programs, which must include specified information. Appropriates $150,000 from the general fund in each of FY2020-21, FY2021-22, and FY2022-23 to the Auditor General for the special audit and cost study. Appropriates $3 million from the general fund in FY2020-21 to the Extraordinary Special Education Needs Fund.
HB2535: AHCCCS; Preventative dental care
The list of covered services under the Arizona Health Care Cost Containment System (AHCCCS) is expanded to include preventive dental care for persons who are at least 21 years of age that includes two regular cleanings, a fluoride treatment and one set of x-rays annually.
HB2539: Statewide ada coordinator; appropriation
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 FY2020-21 to the Office for the coordinator.
HB2541: 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, 2021, 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.
HB2542: 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. 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.
HB2569: 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.
HB2579: Informed consent; pelvic examinations
It is an act of unprofessional conduct for a licensed physician, nurse practitioner, or physician assistant to perform or supervise an individual who performs a pelvic examination on an anesthetized or unconscious patient without first obtaining the patient's informed consent to the pelvic examination. Some exceptions.
HB2582: End of Life Decisions; terminally ill patients
A "qualified patient" (defined) is permitted to make a written request for medication to end the patient's life. Establishes a process for the request, including a requirement for it to be signed and witnessed by at least two persons who meet specified requirements. Also establishes required procedures for the attending physician and a consulting physician. Requires a 15-day waiting period and provides for effect on construction of wills and contracts. Specifies immunities and civil penalties for violations. Severability clause.
HB2596: Children's Health Insurance Program; eligibility
Beginning October 1, 2020, a person under 19 years of age whose gross household income is at or below 250 percent, increased from 200 percent, of the federal poverty level, is eligible for the Children's Health Insurance Program.
HB2658: Schools; sex Ed (Biasiucci)
Numerous changes to statutes relating to sex education in public schools. School districts and charter schools are prohibited from providing sex education instruction before the 5th grade. Prohibits charter schools, in addition to school districts, from providing sex education instruction to a student unless the student's parent provides written permission. Written permission from a parent is also required for a student to participate in instruction on AIDS and HIV. School districts and charter schools are required to make any sex education curricula, including curricula related to instruction on AIDS and HIV, available for a parent's review, and to notify parents where the curricula is available before the parent provides written permission and at least two weeks before any instruction is offered.
HB2662: Technical Correction; disabled parking; reciprocity
Minor change in Title 28 (Transportation) related to disabled parking. Apparent striker bus.
HB2745: developmental disabilities; spina bifida
The definition of "developmental disability" is expanded to include a sever, chronic disability that is attributable to "spina bifida" (defined).
HB2781: dyslexia screening and education; appropriation
Funds the Arizona Department of Education to fund specialists, statewide training and data collection
HB2788: insurance; preexisting conditions; essential benefits
Expands individual or small employer group health plan insurers from discriminating based on certain preexisting conditions for health care services
HB2793: group homes; monitoring; appropriation
Establishes the Developmental Disabilities Group Home Monitoring Pilot Program in the Department of Economic Security; Appropriating Monies
SB1058: Independent Educational Evaluations
On request for an independent educational evaluation, a public education agency shall provide to the parent of a child with a disability information about where an independent educational evaluation may be obtained and the agency criteria that apply to the independent educational evaluation, including reasonable cost limits.
SB1080: Child in Distress alert; requirements
The Department of Public Safety (DPS) is required to establish the child in distress alert notification system as a quick response system designed to issue and coordinate alerts following the report of a missing child who is under 19 years of age and who is in the custody of the Department of Child Safety (DCS) or the foster care system. Circumstances under which DPS is required to issue a child in distress alert are specified. If DPS issues an alert, the law enforcement agency investigating the missing child is required to collect a list of information about the child and disseminate that information to other law enforcement agencies and on social media platforms. DCS is required to disseminate information about the missing child to major media outlets and social media platforms, contact state and federal agencies providing monies to DCS for the child and request that the agency stop providing monies, and contact the missing child's biological family.
SB1082: Sex Ed; Schools (S. Allen)
Numerous changes to statutes relating to "sex education" (defined) in public schools. Prohibits charter schools, in addition to school districts, from providing sex education instruction to a student unless the student's parent provides written permission. Establishes a list information that school districts and charter schools are required to provide when seeking written permission from parents for sex education. Before a school district or charter school offers sex education instruction, the school district governing board or charter school governing body is required to review and approve the sex education course of study and ensure compliance with statute. Before approval, the board must make any proposed sex education course of study available to the public for review and comment. Sex education instruction is required to emphasize sexual risk avoidance rather than sexual risk reduction, and is prohibited from normalizing sexual conduct between minors or with a minor. Authorization for schools to provide instruction to students on AIDS and HIV is limited to students in grades 7 through 12. By December 15, 2020, each school district and charter school that offers any sex education instruction is required to review its course of study and revise it to comply with this legislation.
SB1120: schools; sexual education Instruction (Steele)
All school districts and charter schools are required to provide sex education instruction that is "medically accurate" and "age-appropriate" (both defined) for students in kindergarten through grade 12. Information that must be included in sex education instruction is specified. Sex education for grades 6 through 12 is required to stress the importance of using effective methods of contraception, including abstinence, to prevent unintended pregnancy and protect against sexually transmitted infections. School districts and charter schools are required to make sex education instruction materials available for parental review. A student may be excused from any part of the instruction only at the written request of the student's parent or guardian. Parents have the right to opt out of sex education, instead of the right to opt in. Statute governing parental involvement in schools and requiring school boards to adopt policies promoting parent involvement that include a list of required provisions is expanded to include charter schools.
SB1132: Vulnerable adults; Theft interferences; jurisdiction
The acts that may give rise to an inference that a person intended to deprive a vulnerable adult of property, which intent is part of the commission of theft, is expanded to include any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer by a vulnerable adult to a nonrelative whom the transferor knew for less than two years and for which the transferor did not receive the reasonably equivalent financial value in goods or services. Some exceptions. The list of offenses that state grand jury is required to investigate and return indictments for is expanded to include any violation of Title 13 (Criminal Code) or Title 46 (Welfare) if the victim is a vulnerable adult.
SB1199: long-term care facility task force
Establishes a 16-member Long-Term Care Facility Task Force to study and recommend policy and budget options for addressing the Department of Health Services' timely investigation and processing of long-term care facility complaints and self-reports to ensure resident health and safety. The Task Force is required to submit a report of its findings and recommendations to the Governor and the Legislature by August 31, 2021, and self-repeals July 1, 2022.
SB1200: Schools; Sexual Abuse Prevention Education
Beginning in the 2021-22 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.
SB1235: clergy; priests; duty to report
The list of persons with a duty to report a reasonable belief that a minor has been the victim of abuse or neglect is modified so that a member of the clergy or a priest who has received a confidential communication or a confession about abuse cannot withhold reporting of the communication or confession if there is a reasonable suspicion to believe that the abuse is ongoing, will continue or may be a threat to other minors. A member of the clergy or a priest who has knowledge or a reasonable suspicion that a person is committing or may commit child abuse or neglect is required to immediately report this information to a peace officer, to the Department of Child Safety or to a tribal law enforcement or social services agency, except if the report concerns a person who does not have care, custody or control of the minor, the report must be made to a peace officer only. Some exceptions.
SB1250: death penalty; serious mental health
In any case in which the state files a notice of intent to seek the death penalty, a person who is found to have had a "serious mental illness" (defined) at the time of the commission of the offense is prohibited from being sentenced to death but must be sentenced to life or natural life. If the state files a notice of intent to seek the death penalty, the court is required to appoint a prescreening psychological expert to determine whether the defendant had a serious mental illness at the time of the commission of the offense.
SB1268: Health care insurance; hearing aids
The Department of Insurance and Financial Institutions is required to annually establish minimum coverage rates and coverage limits for adult and child hearing aids for each deaf or hard of hearing ear that would allow for at least 100 percent coverage of reasonable and customary hearing aids. "Health care insurers" (defined) are required to provide coverage for the purchase of a hearing aid.
SB1276: sexual assault survivors; rights
Establishes a list of rights that a survivor of a sexual assault has, including the right to consult with a sexual assault victim advocate, the right to not be charged for a medical evidentiary examination, the right to a prompt analysis of sexual assault kit evidence, the right to be reasonably protected from the defendant, and the right to not be required to submit to a polygraph examination.
SB1277: appropriation; child care waiting list
Appropriates $5 million from the general fund in FY2020-21 to the Department of Economic Security for child care assistance costs to reduce the current waiting list and provide child care assistance to eligible families with family incomes up to 165 percent of the federal poverty level.
SB1285: insurance coverage; prosthetics; orthotics
Health and disability insurers are required to provide coverage for "prosthetic devices" and "orthotic devices" (both defined) that is at least equivalent to the coverage currently provided under Title 18 of the federal Social Security Act, and the coverage cannot be provided under less favorable terms or conditions than any other medical or surgical benefits. Insurers are prohibited from imposing deductibles, copayments, coinsurance, benefit maximums, waiting periods or other limitations on coverage for prosthetic devices or orthotic devices that are different from those imposed on benefits or services not related to prosthetic devices or orthotic devices.
SB1310: Appropriation; Adult Protective Services
Makes a supplemental appropriation of $3 million and 43 FTE positions from the general fund in FY2020-21 to the Department of Economic Security for Adult Protective Services.
SB1312: Schools; Corporal Punishment; prohibition
A teacher, principal or other school employee is prohibited from subjecting a student to "corporal punishment" (defined).
SB1313: Textbooks; representation; disabilities; sexual orientation
Governing boards for common schools and high schools are prohibited from approving any textbook or other instructional material that contains any matter reflecting adversely on persons on the basis of race, ethnicity, sex, religion, disability, nationality, sexual orientation or gender identity.
SB1314: Hearing evaluaton; preschools
The Department of Health Services program of hearing evaluation services is expanded to include students in public or private preschool programs.
SB1322: Appropriation; Area agencies of aging
Appropriates $2.5 million from the general fund in FY2020-21 to the Department of Economic Security for Area Agencies on Aging to provide nonmedical home and community based services. The Legislature intends for the appropriation to be considered ongoing funding in future years.
SB1355: Parental rights, termination; sexual assault
At any time, a parent of a child who was conceived as a result of a sexual assault committed against that parent by the child's other parent may file a petition to terminate the parental rights of the parent who committed the sexual assault. The court is authorized to grant the petition to terminate parental rights if it finds by clear and convincing evidence that the child was conceived as a result of a sexual assault committed by the parent who is the subject of the petition against the parent who filed the petition. It is presumed that termination of parental rights under these circumstances is in the best interest of the child. If the parent who is the subject of the petition pleads guilty to or is convicted of sexual assault, the court must accept the guilty plea or conviction as conclusive proof that the child was conceived as a result of a sexual assault by that parent.
SB1365: Duty to report; clergy exception
The list of persons with a duty to report a reasonable belief that a minor has been the victim of abuse or neglect is modified to remove authorization for a member of the clergy, a Christian Science practitioner or a priest to withhold reporting of a communication or confession if the member of the clergy, practitioner or priest determines that it is reasonable and necessary within the concepts of the religion.
SB1384: end-of-life decisions; terminally ill patients
A "qualified patient" (defined) is permitted to make a written request for medication to end the patient's life. Establishes a process for the request, including a requirement for it to be signed and witnessed by at least two persons who meet specified requirements. Also establishes required procedures for the attending physician and a consulting physician. Requires a 15-day waiting period and provides for effect on construction of wills and contracts. Specifies immunities and civil penalties for violations. Severability clause.
SB1390: behavioral health; rates; study; appropriation
Appropriates $300,000 from the general fund in FY2020-21 to the Arizona Health Care Cost Containment System Administration to engage an independent consultant with actuarial expertise to study the current outpatient behavioral health rates set by the AHCCCS Administration as its managed care fee for service schedule. Factors the consultant is required to consider are listed. The consultant is required to deliver a final report to the AHCCCS Administration by July 1, 2021. Self-repeals January 1, 2022.
SB1427: children; protections; mandated reporters; priorities
In implementing statute governing reports of suspected child abuse or neglect, every child is required to be provided the same protections whether the child is in the custody of the Department of Child Safety or the child's parents. Every Dept employee or contractor is a mandatory reporter and has a duty to report suspected child abuse or neglect. A person who assigns a lower priority to children under the jurisdiction of the Dept is subject to applicable criminal penalties and is banned from state employment for ten years.
SB1443: schools; bullying policy; definition
Defines "bullying" as any written, verbal or physical act or any electronic communication that is intended to harm or that a reasonable person would know is likely to harm one or more students. Charter schools are required to prescribe and enforce policies and procedures to prohibit students from harassing, intimidating and bullying other students. The policies and procedures must include specified elements. Also modifies the required elements of school district anti-bullying policies. Contains a legislative intent section.
SB1497: end-of-life decisions
A "qualified patient" (defined) is permitted to make a written request for medication to end the patient's life. Establishes a process for the request, including a requirement for it to be signed and witnessed by at least two persons who meet specified requirements. Also establishes required procedures for the attending physician and a consulting physician. Requires a 15-day waiting period and provides for effect on construction of wills and contracts. Specifies immunities and civil penalties for violations.
SB1583: Special Education; Cost Studies
By December 1, 2020 and every two years thereafter, the Department of Education is required to complete a cost study of special education programs.
SB1584: schools; pupil discipline; annual report
By September 1 of each year beginning in 2021, the Department of Education is required to submit to the Governor and the Legislature a report containing a list of information on school "discipline measures" (defined) and the "rate of disciplinary disparity" (defined) for each discipline measure by "subgroup" (defined as a list of specified demographic groups). The Dept is required to track school district and charter school progress toward reducing the disciplinary rate and rate of disciplinary disparity and annually submit related information to the State Board of Education.
SB1585: pupil discipline; schools
A school district or charter school is authorized to suspend or expel a student in kindergarten through 4th grade only if all of a list of circumstances apply, including that the district or school has employed alternative behavioral and disciplinary interventions. School districts and charter schools are prohibited from imposing an expulsion of more than one year or a suspension of more than 15 school days. If a student is expelled from a school district or charter school, the district or school is required to provide the student and the student's parents with resources regarding at least three accessible alternative educational options currently available to the student. If a student is expelled from a school district or charter school or suspended for more than 5 school days, the district or school is authorized to provide educational services for the student in an alternative education setting. School districts and charter schools are permitted to refuse to admit a student who was previously expelled from that district or school and continues to endanger the health or safety of others due to continuing to threaten violence. School districts and charter schools are required to quarterly report to the Department of Education on a list of specified information related to student discipline, including suspension, expulsion, and alternative education.
SB1676: Child abuse; neglect; considerations; procedures
Abuse and Neglect; Prohibited Factors in Investigations by the Department of Child Safety and courts
SB1681: foster children; endangerment
Creates a system that ranks any placement for foster children on its risk for danger
SB1682: foster children; protection requirements
Creates an emotional abuse screening for foster children in care, outlines required actions if a foster child is living in a dangerous placement or is reported missing, outlines access to a phone for foster children