The Arizona State Legislature officially opened its 55th Legislative Session on January 11, 2021. Check back often for updates on bills we're tracking that are important to Arizona's developmental disability community, organized by ADDPC strategic objectives.
Bills Signed into Law
HB2023 (formerly SB1061): SCHOOLS; EMPLOYEES; EMPLOYMENT; DISCIPLINE
The Department of Education is required to investigate written complaints alleging a school district or charter school employee who does not possess a teaching certificate has engaged in immoral or unprofessional conduct.
Gov. Doug Ducey signed it into law on February 5, 2021
View all the documents related to HB2023 here
SB1141: Health care institutions; accreditation; inspections
The Arizona 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.
Gov. Doug Ducey signed it into law on February 12, 2021
View all the documents related to SB1141 here
SB1256 (formerly HB2428): Victim Privacy; Criminal Case Information
Requires a victim's identifying and locating information to be redacted from records disclosed to the defendant's attorney or attorney's staff.
Gov. Doug Ducey signed it into law on February 26, 2021
View all the documents related to SB1256 here
HB2533: 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.
View the latest status of HB2533 here
HB2046: Disability License Plates for Minors
Allows disability license plates for a person who is the parent or legal guardian of a minor with permanent physical disabilities. That person may only use a designated and marked accessible parking space when the person is transporting the minor with permanent physical disabilities.
HB2274: 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.
View the latest status of HB2274 here
HB2454: TELEHEALTH; HEALTH CARE PROVIDERS; REQUIREMENTS
Modifies the requirements for health and disability insurers to cover telehealth services, and applies these requirements to policies issued, delivered, or renewed on or after January 1, 2021.
View the latest status of HB2454 here
HB2536: SCHOOLS; INDIVIDUALIZED EDUCATION PROGRAMS; COMPLIANCE
Requires school districts to accommodate a transfer student's individualized education program (IEP) within 30 days and provide any special education services they need within that time frame
View the latest status of HB2536 here
HB2537: AHCCCS; OUTPATIENT SERVICES
Removes language from existing statute regarding covered medical services to include speech therapy.
View the latest status of HB2537 here
HB2539: AHCCCS; COMPLEX REHABILITATION TECHNOLOGY
Establishes focused rules and policies for AHCCCS for complex rehabilitation technology products and services that consider the customized nature of complex rehabilitation technology and the broad range of services necessary to meet the unique medical and functional needs of people with complex medical needs.
View the latest status of HB2539 here
HB2793: VOTER REGISTRATION; REQUEST REQUIRED
An agency, department or division of Arizona or any person acting on its behalf and any political subdivision of Arizona or any person acting on its behalf are prohibited from registering a person to vote unless the person affirmatively requests to register to vote.
View the latest status of HB2793 here
SB1028: ALTERNATIVE ASSESSMENT; SPECIAL EDUCATION
The State Board of Education is required to adopt rules that allow a student to participate in alternative testing instead of required statewide testing if the student is enrolled in a special education program.
SB1059: MENTAL DISORDERS; CONSIDERATIONS; INVOLUNTARY TREATMENT
The definition of “mental disorder” in statutes is modified to remove language distinguishing a mental disorder from conditions that are primarily those of drug abuse, alcoholism, or intellectual disability and from character and personality disorders.
SB1093: DEVELOPMENTAL DISABILITIES; SPINA BIFIDA
The definition of "developmental disability" is expanded to include a severe chronic disability that is attributable to spina bifida.
SB1097: PUPILS; EXCUSED ABSENCES; MENTAL HEALTH
The Arizona Department of Education is required to identify an absence due to the mental or behavioral health of a pupil as an excused absence.
SB1188: RESULTS-BASED FUNDING; REPEAL; SPECIAL EDUCATION
Repeals the Results-Based Funding Fund and statute requiring the Department of Education to distribute monies from the Fund to school districts and charter schools based on a specified formula. Appropriates $68.6 million from the general fund in FY2021-22 to the Department of Education to provide special education compensatory grants.
View the latest status of SB1188 here
SB1189: SPECIAL EDUCATION; GROUP B WEIGHTS
Monies in the Extraordinary Special Education Needs Fund are continuously appropriated, instead of subject to legislative appropriation. The Arizona Department of Education (ADE) is authorized to retain up to two percent of the monies in the Fund for administration purposes. ADE is required to award monies from the Fund to school districts and charter schools with eligible claims demonstrating that a student receiving special education services has incurred costs in the current year of at least the statewide per pupil funding average multiplied by three.
View the latest status of SB1189 here
SB1206: 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.
View the latest status of SB1206 here
SB1209: MEDICAL CONDITIONS; MEDICAL MARIJUANA
The list of debilitating medical conditions that qualifies a person to receive a medical marijuana registry identification card is expanded to include any debilitating condition of autism spectrum disorder.
View the latest status of SB1209 here
SB1266: COMPETENCY EVALUATION; RECORDS; APPOINTMENTS
If the court determines that reasonable grounds exist for a competency examination and the defendant is charged with only a misdemeanor, the court is required to appoint one or more mental health experts to examine the defendant, reduced from two or more experts. Deletes the requirement for the parties to provide all available medical and criminal history records to the court within three working days after a motion for a competency examination.
View the latest status of SB1266 here
SB1374: CRISIS STANDARDS OF CARE; REQUIREMENTS
If the Arizona Department of Health Services adopts or establishes a crisis standards of care plan to address resource allocation when the demand for certain health care services exceeds the supply of necessary resources, a list of specified tenets and requirements apply to the plan, including requiring individual assessments made based on the best available objective medical evidence.
View the latest status of SB1374 here
SB1417: HEALTH CARE DIRECTIVES; CONTACT ORDERS
An agent who is appointed under a health care directive is required to encourage and allow contact between the principal and other persons who have a significant relationship with the principal but is authorized to limit, restrict, or prohibit contact between the principal and any person if the agent reasonably believes that the contact will be detrimental to the principal's health, safety, or welfare.
View the latest status of SB1417 here
SB1466: FAMILY CAREGIVER GRANT PROGRAM
The Family Caregiver Grant Program is expanded to include an individual's qualifying expenses during a calendar year due to caring for and supporting a qualifying family member in the qualifying family member's primary residence, in addition to in the individual's home.
View the latest status of SB1466 here
Fighting Abuse and Neglect
HB2254 END-OF-LIFE DECISIONS; TERMINALLY ILL PATIENTS
A "qualified patient" 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. Requires a 15-day waiting period and provides for effect on the construction of wills and contracts.
View the latest status of HB2254 here
HB2674: SEX OFFENDER REGISTRATION; TERMINATION
Allows an individual to be taken off the sexual offender registration list if the individual meets certain parameters.
View the latest status of HB2674 here
HB2107: DCS; INVESTIGATION IN SCHOOLS; CHILDREN; DISABILITIES
A child safety worker or a child safety investigator is authorized to enter a school that teaches a "child with a disability" to investigate a report of abuse of such a child at the school.
HB2184: SEX EDUCATION; PARENTAL CONSENT; SCHOOLS
Numerous changes to statutes relating to sex education in public schools. School districts and charter schools are prohibited from providing sex education instruction before 6th 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.
HB2213: 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 (DES).
HB2233: APPROPRIATION; DOMESTIC VIOLENCE; SEXUAL ASSAULT
Appropriates $2 million from the general fund in FY2021-22 to the Department of Economic Security to distribute to American Indian tribes located in Arizona for culturally sensitive domestic violence and sexual assault crisis intervention.
HB2534: HEALTH CARE INSTITUTIONS; EDUCATION; ABUSE
The Department of Health Services and the Department of Economic Security shall jointly develop a curriculum to educate and train all persons who are employed in a capacity of caring for vulnerable adults.
View the latest status of HB2534 here
HB2535: MANDATORY REPORTING; VULNERABLE ADULTS; PENALTIES
Makes changes to the statute to include health professionals expanding liabilities and penalties.
View the latest status of HB2535 here
HB2299: DHS; LONG-TERM FACILITY SURVEYORS
Makes a supplemental appropriation of $1 million and 13 FTE from the general fund in FY2021-22 to the Department of Health Services to hire additional long-term care facility surveyors.
View the latest status of HB2299 here
HB2300: GROUP HOMES; MONITORING; APPROPRIATION
Establishes a 3-year Developmental Disabilities Group Home Monitoring Pilot Program in the Department of Economic Security (DES), which requires a designated entity to monitor and inspect in person all the group homes once each year and take a list of other specified regulatory actions.
View the latest status of HB2300 here
HB2409: 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.
View the latest status of HB2409 here
HB2521: LONG-TERM CARE; HEALTH AIDES
A person who wishes to practice as a licensed health aide shall file a verified application on a form prescribed by the board and accompanied by the fee. The following services shall be provided by the program who are determined to need institutional services.
View the latest status of HB2521 here
HB2585: OCCUPATIONAL THERAPISTS; FINGERPRINT CLEARANCES CARDS
Beginning January 1, 2022, an applicant for original licensure, license renewal, license reinstatement, or a limited license pursuant to this chapter shall possess a valid fingerprint clearance card.
View the latest status of HB2585 here
SB1514: APPROPRIATION; EMERGENCY SHELTER BEDS; SENIORS
Appropriate $5 million from the state general fund in fiscal year 2021-2022 to the Department of Economic Security for emergency shelter beds in western Maricopa County to a single Arizona nonprofit to shelter and serve homeless seniors who are at least 55 years of age.
View the latest status of SB1514 here
SB1017: 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.
SB1063: Administrative Review of Agency Decisions
Nursing care institution administrators, assisted living facilities managers, midwives, hearing aid dispensers, audiologists and speech-language pathologists are required to receive a trial de novo if trial de novo is demanded in the notice of appeal or motion of an appellee other than the agency during a review of final administrative decisions.
SB1085: NURSING-SUPPORTED GROUP HOMES; LICENSURE
A "nursing supported group home" that is operated in Arizona by a service provider under contract with the Arizona Department of Economic Security is required to be licensed as a health care institution by July 1, 2022.
SB1114: 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 information about where and how individuals can report abuse.
SB1221: VULNERABLE ADULTS; JURISDICTION; GRAND JURIES
Any violation of Title 13 (Criminal Code) or Title 46 (Welfare) where the victim is a "vulnerable adult" (defined elsewhere in statute) is added to the list of offenses or violations of law the state grand jury's authority to investigate and return indictments for is limited to.
View the latest status of SB1221 here
SB1284: OCCUPATIONAL LICENSING; LICENSURE; FINGERPRINTING
Beginning September 1, 2022, an applicant for initial licensure, license renewal, license reinstatement or temporary licensure by the Board of Podiatry Examiners, the Board of Occupational Therapy Examiners, or the Board of Athletic Training is required to possess a valid fingerprint clearance card.
View the latest status of SB1284 here
SB1321: APPROPRIATION; ADULT PROTECTIVE SERVICES
Makes a supplemental appropriation of $3 million and 43 FTE positions from the general fund in FY2021-22 to the Department of Economic Security for Adult Protective Services.
View the latest status of SB1321 here
SB1355: DEVELOPMENTAL DISABILITIES; PROVIDER INCREASES
Appropriates $30 million from the general fund to provide reimbursement rate increases for services to individuals with intellectual and developmental disabilities and additional amounts in future years.
View the latest status of SB1355 here
SB1373: Health Facilities; Duty of Care
Licensed health care institutions that provide congregant or residential care and the institution's employees and agents have an affirmative duty of care for their residents. These institutions are required to provide basic life support and first aid, in accordance with that resident's advance directives and do-not-resuscitate order.
View the latest status of SB1373 here
SB1377: CIVIL LIABILITY; PUBLIC HEALTH PANDEMIC
If the Governor declares a state of emergency for a public health pandemic, a person or "provider" that acts in good faith to protect a person or the public from injury from the pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the person or the public from the effects of the pandemic, unless it is proven by clear and convincing evidence that the person or provider failed to act or acted with willful misconduct or gross negligence.
View the latest status of SB1377 here
SB1381: DISABILITY-SELECTION ABORTION; PROHIBITED
Raises punishment from a class 3 to a class 2 felony to perform an abortion knowing that the abortion is sought based on the disability, sex or race of the child or the child's parent, and to solicit or accept monies to finance a disability-selection, sex-selection, or race-selection abortion.
View the latest status of SB1381 here
SB1456: SEX EDUCATION INSTRUCTION; PARENTAL RIGHTS
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.
View the latest status of SB1456 here
SB1457: ABORTION; UNBORN CHILD; GENETIC ABNORMALITY
Numerous changes to statutes relating to abortion. The laws of Arizona are required to be interpreted and construed to acknowledge, on behalf of an "unborn child" at every stage of development, all rights, privileges, and immunities available to other persons, citizens and residents of Arizona, subject only to the U.S. Constitution and decisional interpretations thereof by the U.S. Supreme Court.
View the latest status of SB1457 here
HB2334: 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 a biannual 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.
View the latest status of HB2334 here
HB2538: SUPPORTED DECISION-MAKING, SUPPORTER OBLIGATIONS
Creates more details about supported decision-making agreements and defines supporters as a person who is at least eighteen years of age and who enters into a supported decision-making agreement with an adult.
View the latest status of HB2538 here
HB2565: AREA AGENCIES ON AGING; APPROPRIATION
Appropriates $2.5 million from the general fund in FY2021-22 to the Department of Economic Security to distribute to area agencies on aging for home and community-based services. The Legislature intends that this appropriation be considered ongoing funding in future years.
View the latest status of HB2565 here
SB1092: DEAF; HARD OF HEARING; DEAFBLIND
The duties of the Arizona Commission for the Deaf and the Hard of Hearing are expanded to include issues and services relating to their community and to include making recommendations to the Legislature on issues regarding deaf and hard of hearing.
SB1281: DEVELOPMENTAL DISABILITIES ADVISORY COUNCIL; CONTINUATION
The statutory life of the Developmental Disabilities Advisory Council is extended eight years to July 1, 2029. Retroactive to July 1, 2021.
View the latest status of SB1281 here
SB1319: APPROPRIATION; AGENCIES ON AGING; OMBUDSMAN
Appropriates $1 million from the general fund in FY2021-22 to the Department of Economic Security to distribute to area agencies on aging for ombudsman services. The legislature intends that the appropriation be considered ongoing funding in future years.
View the latest status of SB1319 here
SB1389: INCAPACITATED PERSON; SPECIAL INVESTIGATOR
In a domestic relation proceeding, if the court finds that there is reasonable cause to believe that an adult party is or may be an "incapacitated person" or a "person in need of protection" and that the party is or may need guardianship and/or conservatorship, the court is authorized to appoint a special investigator to investigate concerning the need for a guardian and/or conservator.'
View the latest status of SB1389 here
SB1390: GUARDIAN AD LITEM; PROTECTIVE PROCEEDING
The court is authorized to appoint guardian ad litem for an individual if the court determines that the individual’s best interest otherwise would not be represented or adequately protected. If a conflict of interest does not exist, guardian ad litem may be appointed to represent multiple individuals or interests.
View the latest status of SB1390 here
SB1415: GUARDIANSHIP PROCEEDINGS; SEALING OF RECORDS
Allows a court to seal records if a judge ruled someone's incapacity was unproven or if a guardianship petition was withdrawn before a judge determined capacity.
View the latest status of 1415 here
SB1142: SMI; EMPLOYMENT; INCOME TAX CREDITS
For tax years 2022 through 2024, establishes an individual and corporate income tax credit for a taxpayer who employs 100 employees or fewer and who employs at least one Arizona resident who is "seriously mentally ill."
SBCR1001: STATE OF EMERGENCY DECLARATION; TERMINATION
The Legislature declares that the Declaration of Emergency issued by the Governor on March 11, 2020 due to the COVID-19 outbreak is terminated.
View the latest status of SBCR1001 here