Health & Human Services Committee - Senator Nancy Barto, Chairperson - Cherie Stone, Research Analyst - Arizona ...
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Health & Human Services
Committee
Senator Nancy Barto, Chairperson
Cherie Stone, Research Analyst
Julia Paulus, Assistant Research Analyst
Alaine Pimsner, InternHEALTH & HUMAN SERVICES COMMITTEE
LEGISLATION ENACTED
breast implant surgery; informed consent (S.B. 1001) – Chapter 52
Beginning January 1, 2022, requires a physician, prior to breast implant surgery, to obtain
a patient's informed consent and provide a patient with outlined surgery information. Directs the
Arizona Medical Board and the Arizona Board of Osteopathic Examiners in Medicine and Surgery
to convene a workgroup to develop an informed consent checklist by December 1, 2021. A
physician who knowingly violates breast implant surgery information disclosure and informed
consent requirements commits an act of unprofessional conduct and is subject to disciplinary
action.
maternal mental health; advisory committee. (S.B. 1011) – Chapter 54
Establishes the Maternal Mental Health Advisory Committee (Advisory Committee) and
prescribes Advisory Committee membership. By December 31, 2022, directs the Advisory
Committee to submit a report with recommendations for improving the screening and treatment of
maternal mental health disorders to the Chairpersons of the Health and Human Services
Committees of the House of Representatives and the Senate.
dental board; licenses; certificates; renewals (S.B. 1013/H.B. 2258) – Chapter 12
Beginning January 1, 2022, modifies the expiration and renewal dates for specified dental
professional licenses and certificates. A first-time applicant for dental professional licensure or
certification must pay a prorated fee for the period remaining until the licensee's or certificate
holder's next birthday.
physician assistants; licensure; board (S.B. 1015/H.B. 2292) – Chapter 13
Authorizes the Arizona Regulatory Board of Physician Assistants (AZPA) to issue a new
license to a physician assistant who surrendered their license, if satisfactory rehabilitation is
demonstrated. Entitles AZPA members to receive up to $200, rather than a flat rate of $200, for
each day of service.
physicians; naturopathic medicine (S.B. 1016) – Chapter 119
Extends, to a naturopathic physician (NP), the authorities and responsibilities of certain
health care professionals for: 1) issuing standing orders for epinephrine auto-injectors; 2) certifying
student absenteeism due to illness; 3) HIV-related testing for health care providers and first
responders; and 4) attesting to an adverse medical condition on a driver license. Directs the State
Board of Education to adopt rules prescribing procedures for annually requesting a standing orderfor epinephrine auto-injectors from an NP. The Director of the Department of Health Services
must adopt rules and regulations establishing a procedure for an NP to report all analyses of blood
samples that indicate significant levels of lead.
informed consent; pelvic examinations (S.B. 1017) – Chapter 55
Designates, as an act of unprofessional conduct, a licensed physician, nurse practitioner or
physician assistant performing or supervising a pelvic examination on an anesthetized or
unconscious patient without first obtaining the patient's informed consent, with certain exceptions.
DCS; report requirement (S.B. 1018) – Chapter 56
Requires, by December 31, 2021, the Department of Child Safety and the Arizona Health
Care Cost Containment System to report to the Chairpersons of the Committees on Health and
Human Services of the House of Representatives and the Senate on: 1) system improvements for
children adopted out of foster care with complex trauma; 2) an evaluation of programs and services
that address complex trauma; and 3) mechanisms for suspending parental rights and alternatives
to terminating parental rights.
dependent children; nonoperating identification; photograph (S.B. 1019) – Chapter 329
SEE THE TRANSPORTATION & TECHNOLOGY COMMITTEE.
technical correction; health professionals (NOW: assisted living; referral agencies; disclosure)
(S.B. 1034) – Chapter 344
Applies prescribed referral agency (agency) disclosure requirements to assisted living
homes (homes). Prescribes the agency disclosure language and requires an agency to request a
disclosure acknowledgement from a prospective resident. A prospective resident may terminate
agency services at any time and an agency is not entitled to a fee for a resident's move-in after the
date of a termination notice, unless certain outlined requirements are met.
Within 14 days of a resident's admission, an assisted living facility or home must notify the
contracted agency. The contracted agency must provide the facility or home with the required
disclosure and acknowledgement within 14 days of receiving the admission notice. Outlines
disclosure retention requirements.
workers' compensation; settings; definition (NOW: workers' compensation; fee schedule; settings)
(S.B. 1042) – Chapter 204 E
SEE THE FINANCE COMMITTEE.health care ministries; exemption; definition (S.B. 1048) – Chapter 308
SEE THE FINANCE COMMITTEE.
mental disorders; considerations; involuntary treatment (S.B. 1059) – Chapter 225
Allows a person who presents with impairments consistent with both a mental disorder and
substance use disorder and whose presentation is consistent with a mental disorder that would
benefit from treatment to be screened, evaluated and treated if certain requirements are met.
Prohibits outlined persons from being considered for court-ordered involuntary treatment unless
certain conditions are met.
medical student loan program (S.B. 1078) – Chapter 442
SEE THE APPROPRIATIONS COMMITTEE.
pharmacists; dispensing authority; hormonal contraceptives (S.B. 1082) – Chapter 429
Authorizes a qualified licensed prescriber, including employees of the Department of
Health Services or county health departments acting in a prescriber's capacity, to issue standing
prescription drug orders that allow for dispensation of self-administered hormonal contraceptives.
A pharmacist may dispense self-administered hormonal contraceptives to a patient who is at least
18 years old pursuant to a qualifying standing prescription drug order. The Board of Pharmacy
must adopt rules establishing standard procedures for pharmacists to dispense self-administered
hormonal contraceptives as outlined. A pharmacist or a prescriber acting reasonably and in good faith
is not liable for any civil damages for acts or omissions resulting from dispensing a self-administered
hormonal contraceptive.
nursing-supported group homes; licensure (S.B. 1085) – Chapter 60
Requires a nursing-supported group home that is operated by a service provider under
contract with the Department of Economic Security to be licensed by July 1, 2022.
Beginning July 1, 2022, directs the Department of Health Services (DHS) to notify the Division
of Developmental Disabilities when any licensing action has been taken on a nursing-supported
group home. A nursing-supported group home must allow authorized entities to conduct facility
inspections at reasonable times. Exempts nursing-supported group homes from prescribed group
home and zoning standards. A service provider that operates a nursing-supported group home may
install and monitor electronic monitoring devices in common areas. DHS is exempt from
rulemaking requirements until March 29, 2023.pharmacy board; regulation; nondisciplinary action (NOW: pharmacy board; regulation) (S.B.
1087) – Chapter 226
Requires the Board of Pharmacy (Board) to open an investigation only if identifying
complainant information is provided or the information is sufficient to conduct an investigation.
The Board must provide notice to applicants, licensees and permittees using only the information
provided through the Board's licensing database. Outlines acts and omissions that are subject to a
nondisciplinary civil penalty and authorizes the Board to issue nondisciplinary civil penalties or
delegate the authority to the Executive Director of the Board. The Board must hold a hearing when
a licensee or permittee fails to pay a nondisciplinary civil penalty. Removes failure to report the
administration of a vaccine or emergency medication as an act of unprofessional conduct. Requires
the Board to maintain certain records as prescribed and allows the Board to set a fee to provide
certain redacted data to public and private entities for research and educational purposes.
Allows the Board to issue combination permits for durable medical equipment distributors
and suppliers as specified and establishes fees for the permits. Exempts specified licensees from
continuing pharmacy education requirements as outlined. Requires designated representatives of
full-service wholesale permittees to possess a valid fingerprint clearance card.
Outlines conditions under which a Controlled Substances Prescription Monitoring Program
registration may be revoked or suspended. A medical practitioner, health care facility or pharmacy
must report specified information regarding naloxone hydrochloride and other opioid antagonists
as outlined. Naloxone hydrochloride and other opioid antagonists may not be viewable in a patient
utilization report.
controlled substances; schedule designations (S.B. 1088) – Chapter 61
Requires the Arizona State Board of Pharmacy (Board), by rule, to conform Schedule I, II,
III, IV and V controlled substance designations to designations listed in the federal Controlled
Substances Act and eliminates specific references to substances, chemicals and drugs that are
statutorily designated as controlled substances. Prohibits the Board from adopting rules that
include any material, compound, mixture or preparation that contains any quantity of an exempt
controlled substance.
behavioral health professionals; unauthorized practice (S.B. 1089) – Chapter 62
Classifies engaging or aiding in the unauthorized practice of behavioral health as a class 6
felony and subjects a person to a civil penalty of up to $500 for each offense. The Arizona State
Board of Behavioral Health Examiners (AzBBHE) must notify the Department of Health Services
if a licensed health care institution employs a person investigated for the unauthorized practice of
behavioral health.
Reduces required post-master's and post-bachelor's degree experience, from 3,200 hours
of direct client contact and indirect client service to 1,600 supervised hours of direct client contact,
for certain licensed behavioral health professionals. Removes the AzBBHE's authority to prescribe
the number of hours required for functions related to direct client contact and indirect client service
and prescribes hour requirements for licensed marriage and family therapists. Exempts AzBBHE
from rulemaking requirements when reducing or eliminating fees.outpatient treatment centers; behavioral health (S.B. 1090) – Chapter 63
Allows an employee of a licensed outpatient treatment center (OTC) that provides
behavioral health services (services) to provide the services at a private office or clinic that is
operated by an exempt health care provider (exempt provider) in outlined circumstances. An
unlicensed employee of an OTC may provide services at an exempt provider's office or clinic only
when a licensed health care professional employed by the OTC is on-site. Requires an OTC to
report to the Department of Health Services (DHS) any unexpected death or injury occurring on
an exempt provider's premises and allows DHS to report the incident to the appropriate health
profession licensing board.
controlled substances monitoring program; delegates (S.B. 1091) – Chapter 239
Requires an employee or contractor of the Arizona Health Care Cost Containment System
(AHCCCS) or a health care insurer who has delegate access to the Controlled Substances
Prescription Monitoring Program (CSPMP) to operate under the chief medical officer or an
authorized licensed health care professional. Conditions CSPMP delegate status on the possession
of a valid health care professional license or certification and allows employees and contractors of
AHCCCS and licensed health care professionals to authorize up to 10 delegates.
Allows the Arizona State Board of Pharmacy (Board) to release CSPMP data to specified
entities and individuals under outlined conditions. Board-provided CSPMP data may not be used
for credentialing, determining payments, preemployment screenings or for uses unrelated to
substance overuse and abuse prevention.
deaf; hard of hearing; deafblind (S.B. 1092) – Chapter 276
Directs the Arizona Commission for the Deaf and the Hard of Hearing (ACDHH) to act as
a bureau of information for the deafblind and outlined entities that provide services for the
deafblind. ACDHH must make recommendations to the Legislature regarding statutory changes
needed to develop and update assessment standards that optimize the language acquisition and
literacy development of deaf and hard of hearing newborns, infants and children.
substance abuse treatment; AHCCCS (S.B. 1094) – Chapter 122
Transfers administration of the Arizona Families in Recovery Succeeding Together
Program from the Department of Health Services to the Arizona Health Care Cost Containment System.
commercial driver licenses; third parties (NOW: supplemental appropriations; AHCCCS
administration) (S.B. 1096) – Chapter 64
Appropriates $3,011,164,500 in expenditure authority and $27,177,400 from the Children's
Health Insurance Program Fund to the Arizona Health Care Cost Containment System in FY 2021
for adjustments in funding formula requirements and implementation of the prescribed assessment
on hospital revenues, discharges and bed days from inpatient or outpatient services.health care institutions; accreditation; inspections (S.B. 1141/H.B. 2290) – Chapter 15
Authorizes the Director of the Department of Health Services to accept an accreditation
report in lieu of an inspection of a health care institution or a behavioral health residential facility
(BHRF), rather than only a BHRF that provides services to children, if certain conditions are met.
unlawful food or drink contamination (S.B. 1167/H.B. 2335) – Chapter 30
SEE THE COMMERCE COMMITTEE.
board of pharmacy; rulemaking authority. (S.B. 1170) – Chapter 278
Removes the specification that oral fluoride varnish and tobacco cessation drug therapies
prescribed, administered or dispensed by a licensed pharmacist must be prescribed, administered
and dispensed according to Board of Pharmacy rules.
doulas; voluntary certification (S.B. 1181) – Chapter 282
Outlines application and eligibility requirements for the voluntary state-certification of
doulas. Allows a person to apply to the Director of the Department of Health Services (DHS) for
a certificate to practice as a state-certified doula on a form prescribed by the Director of DHS
(Director). Prohibits the State of Arizona and any of its political subdivisions from providing a
preference in awarding a public contract for state-certified doula services or an entity that employs
state-certified doulas.
The Director must grant a certificate to an applicant who meets prescribed qualifications,
pays applicable fees and possesses a valid fingerprint clearance card. A doula certificate is valid
for three years and may be renewed. Requires an applicant for doula state-certification to complete
instruction on first aid and cardiopulmonary resuscitation. A certified doula must complete 15
hours of continuing education courses and submit documentation of completion with an
application for renewal. Requires the Director to waive the minimum training and education
requirements for applicants who provide documentation of current certification with a nationally
recognized doula organization. DHS may deny, suspend or revoke a state-certified doula certificate
and an applicant or a certified doula may request an administrative hearing to review a certificate
denial, suspension or revocation.
Requires the Director to adopt rules on the scope of practice, core competencies, minimum
qualifications and fees associated with doula certification. The Director may adopt rules that are
necessary to enforce doula certification requirements and that provide for reciprocity agreements.
DHS is exempt from rulemaking requirements until March 29, 2023.
Establishes the Doula Community Advisory Committee (Advisory Committee) and
prescribes Advisory Committee duties. The Director must consult with the Advisory Committee
regarding implementation of doula-certification rules and standards. Terminates the Advisory
Committee on July 1, 2029.donated medicine; requirements (S.B. 1219) – Chapter 137
Replaces the Prescription Medication Donation Program with statutory requirements and
procedures for the donation of medicine to an authorized recipient. Prior to receiving the first
donation, an authorized recipient must verify specified information about the donor, including the
legal authorization to possess the medicine. An authorized recipient may accept only medicine that
has been maintained according to state and federal law. Outlines permissible means of disposal of
donated medicine that does not meet outlined requirements and prescribes information that must
be included in the record of disposal. Outlines requirements for the donation and acceptance of
biologics. Exempts certain individuals and entities from liability or professional disciplinary action
if actions relating to donating medicine are taken in good faith.
Requires authorized recipients to store and maintain donated medicine separately from
other inventory and outlines recordkeeping and labeling requirements for donated medicine.
Donated medicine may only be dispensed to eligible patients with a valid prescription order and
may not be resold. Requires authorized recipients to retain relevant records for seven years and
requires a donor or authorized recipient to make records available for audit by the Board of
Pharmacy (Board) within five business days. The Board must prescribe rules limiting the fees that
an authorized recipient may charge. Outlines requirements for the use of identifiers in place of
other recording or labelling information.
mental health professionals; trauma counseling (S.B. 1220) – Chapter 205
Requires a licensed mental health professional who provides Traumatic Event Counseling
Program (Program) services to specialize in trauma and crisis and use evidence-based treatment
options. Adds, as qualified Program providers, licensed mental health nurse practitioners, licensed
psychiatric clinical nurse specialists and licensed behavioral health professionals who hold a
master's degree or doctoral degree related to the mental health profession.
DCS; legislator briefings; staff member (S.B. 1225) – Chapter 207
Allows the presiding officer of a legislative body to authorize a legislative staff member to
attend a meeting with a legislator to review a Department of Child Safety case file.
fertility fraud; civil; criminal action (S.B. 1237) – Chapter 126
SEE THE JUDICIARY COMMITTEE.
technical correction; home health agencies (NOW: developmental disabilities advisory council)
(S.B. 1244) – Chapter 208
Requires the Developmental Disabilities Advisory Council (DDAC) to annually adopt a
master agenda that schedules each item required to be reviewed and requires the DDAC to notifyrelevant agencies to provide and present information. The Division of Developmental Disabilities
(DDD) must assist the DDAC in preparing the annual report and must post the DDAC's scheduled
meetings, minutes and annual report on the DDD website. The Arizona Department of
Administration must provide annual training to DDAC members and DDD staff on the DDAC's
purpose and statutes and open meetings laws.
Requires DDD to allow the DDAC 30 days to review new policies and policy changes
before submittal for public comment. DDD staff must be available to answer questions and review
proposed changes prior to submission for public comment.
overdose; disease prevention; programs (S.B. 1250) – Chapter 382
Allows a city, town, county or nongovernmental organization to establish an overdose and
disease prevention program (prevention program). Prescribes prevention program objectives and
requires a prevention program to develop standards for distributing and disposing of needles and
hypodermic syringes. A prevention program must dispose of at least as many needles and
hypodermic syringes as the amount distributed. A prevention program must offer outlined services,
including mental health or substance use disorder treatment or treatment referrals and access to
opioid antagonists and education materials. A prevention program employee or volunteer may not
be charged or prosecuted for possession of a needle, hypodermic syringe or other injection-supply
item, if the item was obtained from the prevention program.
psychology board; licensure; fingerprinting (S.B. 1253) – Chapter 210
Requires, beginning January 1, 2022, an applicant for an initial, renewal or temporary
psychologist or behavioral analyst license to have applied for a fingerprint clearance card (FPCC)
and to submit an issued FPCC to the Arizona Board of Psychologist Examiners (Board). An
applicant who is denied an FPCC may request the Board to consider their application. Grants the
Board discretion to approve an application for licensure without an FPCC.
Eliminates the 50 percent limit on completing in-person supervision requirements using
telepractice supervision and removes independent fieldwork and university practicum as options
to satisfy experience requirements for behavioral analyst licensure. Prescribes requirements for
applicant supervisors. Exempts, from February 1, 2021, through September 1, 2023, psychologist
licensure applicants from outlined educational and experience requirements.
website; adoption information; task force (S.B. 1254) – Chapter 279
Requires, by February 1, 2022, the Department of Health Services (DHS) to provide a list
of pregnancy support agencies and outlined information on adoption agencies and services on the
DHS website in English and Spanish. Prohibits agencies that counsel, refer, perform, induce,
prescribe or provide abortions from inclusion on the DHS website. Establishes the Adoption
Promotion Task Force (Task Force) and prescribes Task Force membership and duties.acupuncture board; members; auricular acupuncture (S.B. 1255) – Chapter 312
Modifies the membership of the Acupuncture Board of Examiners (Board) and requires
Board members to be Arizona residents for at least one year, rather than three years, preceding
appointment.
Allows the Board to issue an acupuncture detoxification specialist certificate, rather than
an auricular acupuncture certificate, to a specialist practicing under the supervision of a licensed
health care professional. Authorizes the Board to issue acupuncture detoxification specialist
certificates to individuals who practice auricular acupuncture for the treatment of trauma. Before
treating a patient, an auricular acupuncturist must obtain the patient's informed consent.
mobile home parks; caregivers (S.B. 1259/H.B. 2382) – Chapter 31
SEE THE COMMERCE COMMITTEE.
competency evaluation; records; appointments (S.B. 1266) – Chapter 139
SEE THE JUDICIARY COMMITTEE.
insurance; prescription drugs; step therapy (S.B. 1270) – Chapter 431
Requires insurers, pharmacy benefit managers (PBMs) and utilization review agents
(URAs), when establishing a step therapy protocol, to use clinical review criteria based on clinical
practice guidelines, as outlined. URAs must also consider the needs of atypical populations and
diagnoses when considering clinical review criteria to establish step therapy protocols. Insurers,
PBMs and URAs must annually certify to the Department of Insurance and Financial Institutions
that the clinical review criteria used in step therapy protocols meet outlined requirements.
Prescribes clinical review criteria certification and submission procedures.
Requires patients and prescribing practitioners to have access to a clear and convenient
process to request a step therapy exception, if prescription drug coverage for any medical condition
is restricted through a step therapy protocol. A step therapy exception request must be granted if
justification and supporting clinical documentation demonstrates that specified conditions are met.
Outlines step therapy exception request requirements, procedures and timeframes. The step
therapy exception request requirements do not restrict insurers, PBMs or URAs from requiring
patients to try a generic equivalent before providing coverage or prohibiting health care providers
from prescribing drugs that are medically necessary.
Outlined step therapy protocol requirements apply to policies, contracts and coverages
issued or renewed beginning January 1, 2023: 1) for state-regulated health care insurance plans
that provide prescription drug benefits; and 2) for contractors, agents and entities implementing
step therapy protocol coverage on behalf of a health care plan, PBM or URA.associate physicians; licensure; collaborative practice (NOW: medical graduate transitional
training permits) (S.B. 1271) – Chapter 354 W/O
Directs the Arizona Medical Board (AMB) and the Arizona Board of Osteopathic
Examiners in Medicine and Surgery (ABOE) to grant a one-year transitional training permit to a
graduate of an allopathic or osteopathic school of medicine who meets outlined eligibility criteria.
A permittee must function under the supervision of a qualified physician within the setting
of an eligible supervising entity. The supervising entity must: 1) provide ongoing clinical training
in collaboration with the supervising physician; 2) assume responsibility for permittee
performance; 3) ensure permittee tasks and encounters are properly managed; 4) define the
employment relationship; and 5) establish a process for evaluating the permittee's performance. A
supervising physician may supervise one permittee at a time and may allow a permittee to
administer or dispense drugs. Prescribes training permit renewal and time period limitations,
supervising physician and eligible entity qualifications and registration and fee requirements.
Directs the Department of Health Services to report outlined transitional training permit
information to the President of the Senate and the Speaker of the House of Representatives by
January 1, 2024, and January 1, 2025. The AMB and the ABOE are exempt from rulemaking
requirements until March 29, 2023.
health professionals; preceptorships (S.B. 1278) – Chapter 213
Requires the Arizona Medical Board, the Arizona Board of Osteopathic Examiners in
Medicine and Surgery, the Arizona State Board of Nursing and the Arizona Regulatory Board of
Physician Assistants to develop a preceptorship awareness campaign that educates licensed health
professionals on how to become a medical preceptor. A preceptorship is a mentoring experience
in which a medical preceptor provides a program of personalized instruction, training and
supervision to a student to enable the student to obtain a health professional degree.
developmental disabilities advisory council; continuation (S.B. 1281) – Chapter 313
Continues the Developmental Disabilities Advisory Council for eight years, until July 1,
2029, retroactive to July 1, 2021.
podiatry board; continuation (S.B. 1283) – Chapter 300
Continues the Arizona State Board of Podiatry Examiners for eight years, until July 1,
2029, retroactive to July 1, 2021.
occupational licensing; licensure; fingerprinting (S.B. 1284) – Chapter 301
Beginning September 1, 2022, requires a podiatry license applicant to possess a fingerprint
clearance card. Reclassifies designated violations related to the practice of podiatry as class 5felonies, rather than class 2 misdemeanors. Modifies registration fees to dispense drugs and
devices and allows the Board of Podiatry Examiners (PODEX) to establish and collect fees for
administrative purposes. A podiatric medical assistant may assist a podiatrist according to PODEX
rules.
Beginning January 1, 2022, requires athletic training, occupational therapist and
occupational therapy assistant licensure applicants to possess a fingerprint clearance card. Upon
finding that information received in a complaint or investigation is not of sufficient seriousness to
warrant action against a licensee, the Board of Athletic Training (Board) may issue a
nondisciplinary order requiring the licensee to complete a prescribed number of continuing
education hours. The Board may adopt or modify related rules.
state employees; health; accident; insurance (S.B. 1347) – Chapter 245
SEE THE GOVERNMENT COMMITTEE.
anti-rabies vaccination; rabies titer (NOW: terminally ill patients; compounding; pharmacy) (S.B.
1353) – Chapter 271
Grants chronically and terminally ill patients the right to determine individual courses of
treatment with medications and treatments obtained from a compounding pharmacy. Grants a
licensed compounding pharmacy access to specified active pharmaceutical ingredients for use in
compounding to provide to chronically and terminally ill patients.
rate structure; hospital services; prisoners (S.B. 1354) – Chapter 246
SEE THE APPROPRIATIONS COMMITTEE.
pharmacy benefit managers; prohibited fees (S.B. 1356) – Chapter 217
Prohibits a pharmacy benefit manager (PBM) from charging or holding a pharmacist or
pharmacy responsible for a fee associated with the claims adjudication process, including: 1)
adjudicating a pharmacy benefit claim; 2) processing or transmitting a pharmacy benefit claim;
and 3) developing, managing or participating in a claims processing or adjudication network.
A pharmacy may submit a complaint of a violation of the fee prohibition to the Director of
the Department of Insurance and Financial Institutions (Director), as prescribed. The Director must
investigate the complaint and may examine and audit PBM records to determine if a violation has
occurred. Outlines permissible action upon determination of a violation and prescribes violation
penalties. A person may bring a civil action for damages against the PBM committing the violation.pharmacy board; nonprescription drugs; diversion (S.B. 1357) – Chapter 247
Allows the Board of Pharmacy (Board) to grant permission to deviate from requirements
related to the modernization of pharmacy practice. Exempts Board licensees and permittees from
an investigation, civil penalty or other disciplinary action for failing to disclose certain criminal
charges, an incident involving a felony, diversion of a controlled substance or impairment while
driving. Specifies that a Board-issued permit is not required to sell nonprescription drugs in
original packaging at a retail location.
Limits, to five years, the time that disciplinary and nondisciplinary actions and orders taken
by a health profession regulatory board must be made available on the board's website and directs
licensing authorities to retain all final decisions, orders and actions taken on the authority's website
for up to five years.
health facilities; duty of care (S.B. 1373) – Chapter 314
Establishes an affirmative duty of care for health care institutions and employees, which
requires a health care institution to provide cardiopulmonary resuscitation (CPR) and appropriate
first aid before the arrival of emergency medical services to residents who meet outlined criteria.
A health care institution must have staff certified in CPR and first aid available at all times and
may not have policies that prevent employees from providing CPR or first aid. A health care
institution that renders CPR or first aid is not liable for civil damages for acts or omissions resulting
from rendering CPR or first aid, if the CPR or first aid is provided in good faith and in a manner
consistent with certification standards.
A person who in good faith renders first aid to a person who has fallen is not liable for civil
damages for acts or omissions resulting from rendering the first aid, if the person rendering aid
acted in outlined circumstances. Each health care institution must develop a fall prevention and
recovery training program for staff that includes initial and continued competency training.
schools; curriculum; mental health (S.B. 1376) – Chapter 445
SEE THE EDUCATION COMMITTEE.
civil liability; public health pandemic (S.B. 1377) – Chapter 179
SEE THE JUDICIARY COMMITTEE.
behavioral health facilities; respite; exemptions (S.B. 1388) – Chapter 355
Allows a behavioral health residential facility (BHRF) to provide respite care to a child for
increments of fewer than 5 consecutive days, and not more than 12 days in a 90-day period, and
allows an outpatient clinic to provide respite care to a child for up to 10 consecutive hours per day
without a medical history or physical examination. For children receiving only respite services, a
BHRF or an outpatient clinic is exempt from specified licensure requirements. A respite careprovider must be given a list of a child's medications, allergies and emergency contact information
upon arrival and a child's guardian must be provided with documentation of any illness, injury,
emergency safety response or unacceptable behavior that occurs during the respite stay.
health professionals; off-label use; medications (S.B. 1416) – Chapter 349
Modifies the definition of lawful health care service to include the off-label use of
medications during a public health emergency.
health care directives; contact orders (S.B. 1417) – Chapter 377
Requires an agent to allow contact between the principal of a health care directive
(principal) and individuals who have a significant relationship with the principal, unless the contact
is inconsistent with the direction of the principal. An agent may not limit, restrict or prohibit
contact between the principal and another individual without prior court approval. If an agent
requests an order prohibiting all contact between a person and the principal because the contact
would be detrimental to the principal's health or well-being, the agent must file a report with the
court from a specified health professional who has recently evaluated the principal and who
supports the agent's request to prohibit contact. When determining if any contact between a person
and the principal is in the principal's best interest, the court must consider all factors that are
relevant to the principal's health, safety and welfare.
Authorizes a person who has a significant relationship with the principal, and whose
contact with the principal has been limited, restricted or prohibited by an agent, to petition the
court for an order to compel contact. Upon the filing of a petition to compel contact, the court must
appoint the principal an attorney, guardian ad litem, or both, and may issue a temporary protective
order. Prescribes requirements and procedures for a petition to compel contact and a temporary
protective order.
A petition or motion to modify, temporarily modify or suspend a contact order must be
supported by an affidavit alleging the change of circumstances that occurred since the order was
entered. The court must deny a petition to modify a contact order unless the court finds that the
petition establishes good cause. Outlines hearing timeline and notice requirements. Authorizes the
court to temporarily modify or suspend a contact order without notice in certain circumstances.
Directs the court to set a hearing if the court grants a motion to temporarily modify or suspend a
contact order without notice. The order to temporarily modify or suspend a contact order that is
granted without notice must assert the injury, loss or damage that would likely occur if the order
was not issued. A temporary order expires at the time and date set for the hearing on the motion
unless the order is extended by the court. Authorizes the court to order alternative dispute
resolution and to enter orders to assess court costs, reasonable attorney fees and the cost of any
appointed evaluating professionals.
workers' compensation; rates; firefighters; cancer. (S.B. 1451) – Chapter 229
SEE THE COMMERCE COMMITTEE.abortion; unborn child; genetic abnormality (S.B. 1457) – Chapter 286
SEE THE JUDICIARY COMMITTEE.
speech-language pathologists; assistants (S.B. 1458) – Chapter 250
Eliminates the Department of Health Services (DHS) Examining Committee and transfers
the responsibility to examine applicants for a hearing aid dispenser license to an advisory
committee appointed by the Director of DHS (Director). The advisory committee must assist the
Director in disciplinary matters, rather than be informed by the Director of disciplinary actions.
Modifies advisory committee membership and requires advisory committee members to serve
two-year terms. DHS must create an awareness campaign for hearing aid dispensers and post
prescribed educational materials on its website.
Modifies hearing aid dispenser and speech-language pathologist licensure requirements,
including allowing the Director to waive in-person education requirements and removing the
requirement to pass an ethics and jurisprudence examination, in certain circumstances. A licensed
speech-language pathologist supervising a pathology assistant may adjust the supervision
requirements if appropriate competencies and skill levels are met after a specified time period.
Prescribes minimum ongoing supervision requirements.
family caregiver grant program (S.B. 1466) – Chapter 180
Extends the Family Caregiver Grant Program to July 1, 2024, and expands eligibility to
include an individual providing care for a qualifying family member in the qualifying family
member's primary residence. Caps the total grant monies an individual may receive for each
qualifying family member at $1,000, rather than allowing the individual to reapply every three
calendar years. A licensed social worker, case manager or care coordinator may assess a family
member's eligibility.
drug paraphernalia; definition; testing equipment (S.B. 1486) – Chapter 372
Excludes, from the definition of drug paraphernalia, narcotic drug testing products that
are used to determine whether a controlled substance contains fentanyl or a fentanyl analog.
health information; disclosures; prohibition (S.B. 1505) – Chapter 219 E
An emergency measure effective April 9, 2021, that authorizes state, county and local
health departments to disclose communicable disease information to Arizona's designated health
information organization (HIO). Allows the Department of Health Services to release identifying
immunization information to Arizona's designated HIO, external quality review organizations and
other entities that have a business agreement with the Arizona Health Care Cost Containment
System.remote dispensing pharmacies; rural hospitals (S.B. 1604) – Chapter 181
Allows a hospital with fewer than 50 beds that is in a county with a population of less than
500,000 persons to operate a remote dispensing site pharmacy under the remote supervision of a
pharmacist while the pharmacy is open for services, subject to approval by the Board of Pharmacy.
health; budget reconciliation; 2021-2022 (S.B. 1824/H.B. 2896) – Chapter 409
SEE THE APPROPRIATIONS COMMITTEE.
adoption; original birth certificate; release. (S.B. 1831/H.B. 2921) – Chapter 384
Beginning January 1, 2022, directs the State Registrar (Registrar) to provide an individual
with their original birth certificate and any evidence of adoption that has been sealed due to the
adoption, if the individual meets outlined criteria. Prohibits the release of a birth certificate that
was sealed due to an adoption if the individual was born between June 21, 1968, and September
29, 2021.
Requires the Registrar to develop confidential contact preference and medical history
forms to be voluntarily filled out by a birth parent and kept with the original birth certificate and
prescribes information to be included in the contact preference form. A birth parent may file an
amended contact preference or medical history form to update the information. The Registrar must
provide the contact preference and medical history forms to an individual who receives the original
birth certificate. The Registrar may not keep a copy of the contact preference and medical history
forms.
Requires a birth parent to submit a contact preference form and a prescribed notarized
statement to an entity assisting in a direct placement adoption when consent for adoption is
obtained. Whenever possible, the court must obtain a prescribed notarized statement from a birth
parent upon termination of parental rights.
Appropriates $1,000,000 to the Department of Health Services (DHS) to implement the
sealed original birth certificate requirements. DHS must publicize the new requirements.
marijuana; laboratories; proficiency testing. (S.B. 1833/H.B. 2902) – Chapter 386 RFEIR
Subject to the requirements for enactment for initiatives and referendums (Proposition
105), which requires the affirmative vote of at least three-fourths of the members of each house of
the Legislature, beginning January 1, 2024, requires, rather than allows, the Department of Health
Services (DHS) to conduct proficiency testing and remediate problems with certified independent
third-party laboratories (laboratories) and licensed marijuana testing facilities (testing facilities).
Includes the suspension or revocation of a testing facility's license as a remediation action.
Authorizes DHS to contract for proficiency testing with accredited laboratories and to use monies
in the Medical Marijuana Fund (Fund) for the contracts. By July 1, DHS must submit an annual
report to the Joint Legislative Budget Committee regarding expenditures from the Fund for
proficiency testing contracts.marijuana; inspections; licensing; financial ownership. (S.B. 1834/H.B. 2903) – Chapter 387
RFEIR
Subject to the requirements for enactment for initiatives and referendums (Proposition
105), which requires the affirmative vote of at least three-fourths of the members of each house of
the Legislature, authorizes the Department of Health Services (DHS) to inspect a nonprofit medical
marijuana dispensary (dispensary) as necessary during regular business hours and requires DHS
to annually make one unannounced visit to each dispensary.
Establishes initial renewal dates for a dispensary registration and a dual licensee’s
marijuana establishment license. DHS must adopt rules prohibiting a marijuana testing facility
from having any direct or indirect familial relationship with, or financial ownership interest in, a
marijuana establishment, business entity or management company.
unborn child; statutory language. (S.B. 1838/H.B. 2909) – Chapter 389
Replaces statutory references to the term product of human conception with the term
unborn child in relation to disposition-transit permits, vital records, fetal death certificates and
parental consent for abortion.
guilty except insane; court jurisdiction. (S.B. 1839/H.B. 2914) – Chapter 390
SEE THE JUDICIARY COMMITTEE.
marijuana; security. (S.B. 1842/H.B. 2916) – Chapter 394 RFEIR
Subject to the requirements for enactment for initiatives and referendums (Proposition
105), which requires the affirmative vote of at least three-fourths of the members of each house of
the Legislature, directs the Department of Health Services (DHS) to require marijuana
establishment (establishment) licensees to procure, develop, acquire and maintain a system to track
marijuana and marijuana products at all points of cultivation, manufacturing and sale. Outlines
requirements for the system. Prohibits DHS from issuing an establishment or a marijuana testing
facility (testing facility) license to an applicant who has an ownership interest in an out-of-state
establishment or testing facility that has had its license revoked by the other state.
By December 31, 2023, all marijuana product packaging labeled for sale must include a
consumer scannable tetrahydrocannabinol quick response code that links to a web page that
displays required information about the marijuana product. DHS must adopt rules that require
establishments to display a sign warning pregnant women about the potential dangers to fetuses
and infants caused by smoking or ingesting marijuana and the risk of being reported to the
Department of Child Safety during pregnancy or at the birth of the child by mandatory reporters.
DHS is exempt from rulemaking requirements for six months and must provide 30 days for public
comment before rules are adopted.nutrition assistance; benefit match. (S.B. 1845/H.B. 2919) – Chapter 396
SEE THE APPROPRIATIONS COMMITTEE.
medical marijuana; research; mental health. (S.B. 1847/H.B. 2908) – Chapter 398 RFEIR
Subject to the requirements for enactment for initiatives and referendums (Proposition
105), which requires the affirmative vote of at least three-fourths of the members of each house of
the Legislature, requires the Department of Health Services (DHS) to provide grants from the
Medical Marijuana Fund (Fund) for research on the correlation of marijuana use and mental illness
and instructs the DHS Director to transfer $250,000 from the Fund to DHS to provide the grants.
DHS must post all research conducted pursuant to a grant on its public website.
Requires DHS to transfer the following amounts from the Fund in FY 2022: 1) $1,250,000
to both DHS and the Arizona Health Care Cost Containment System for suicide prevention;
2) $2,000,000 to the Institute for Mental Health Research for research to improve mental health
services, research and education in Arizona; 3) $2,000,000 to DHS for the Primary Care Provider
Loan Repayment Program and the Rural Private Primary Care Provider Loan Repayment Program;
4) $2,000,000 to the Board of Medical Student Loans; 5) $5,000,000 to county public health
departments to address important public health issues and communities affected by drug addiction
and incarceration; and 6) $1,000,000 to DHS for the Health Care Directives Registry.
Directs DHS to develop a warning label that must be affixed to any marijuana product
packaging that states that marijuana use may affect the health of a pregnant woman and the unborn
child. Removes the requirement that a marijuana dispensary have a single secure entrance and
allows DHS to inspect dispensaries during regular operating hours to determine compliance with
prescribed requirements. Exempts the dried flowers of the marijuana plant from residual solvent
testing requirements.
Authorizes DHS to employ legal counsel to implement, advise or defend the Arizona
Medical Marijuana Act and the Smart and Safe Arizona Act and exempts DHS from the
requirement for the Attorney General to be utilized as legal counsel. DHS is exempt from
rulemaking requirements until September 29, 2024, and must provide reasonable opportunity for
public comment on the proposed rules.
prisoners; training; individual certificates. (S.B. 1849/H.B. 2911) – Chapter 400
SEE THE JUDICIARY COMMITTEE.
Arizona state hospital; admission; governance. (S.B. 1851/H.B. 2912) – Chapter 402
Outlines information relating to patients served, hospital admissions and safety plans that
must be included in the Department of Health Services's annual financial and programmatic report
on the Arizona State Hospital (ASH). By October 1, 2021, the Department of Health Services must
issue a request for information for a surveillance system for ASH that meets outlined requirements.Establishes the Joint Legislative Psychiatric Hospital Review Council (Council) and
prescribes Council membership and duties. By December 31, 2021, and December 31, 2022, the
Council must submit a report of its findings and recommendations to the Governor and the
presiding officer in each chamber of the Legislature.
abortion data; survivors act; supporting (S.C.R. 1009)
Declares support for the enactment of the Born-Alive Abortion Survivors Protection Act
and the Ensuring Accurate and Complete Abortion Data Reporting Act of 2019.
chronic serious mental illness; care (S.C.R. 1018)
Declares support for community-based efforts to implement a more clinically appropriate
and cost-effective system of care for individuals living with chronic serious mental illness.
Declares support for community-based efforts to enhance the ability of the Arizona State Hospital,
public and private psychiatric hospitals and residential treatment facilities to provide higher-level,
clinically appropriate care for individuals living with chronic serious mental illness.
adoption; health information; update (H.B. 2010) – Chapter 48 E
An emergency measure effective March 18, 2021, and retroactive to December 22, 2020,
that requires the Department of Child Safety (DCS) or other adoption entity to notify an adoptee
that supplemental information has been received from the adoptee's birth family. Allows a young
adult who was previously adopted and who is participating in an independent or transitional living
program or the Extended Foster Care Program to request records containing outlined
nonidentifying information about the birth family.
Prohibits DCS from requiring children to leave foster care solely due to age prior to
October 1, 2021, and requires DCS to allow young adults who were discharged from foster care
due to age during the coronavirus disease 2019 (COVID-19) public health emergency to
voluntarily reenter foster care until October 1, 2021. DCS must conduct a public awareness
campaign on foster care reentry and facilitate the reentry of qualifying young adults.
child care assistance; education; training (H.B. 2016) – Chapter 287
Allows the Department of Economic Security (DES) to waive prescribed work
requirements for a person receiving full-time child care assistance who is enrolled full-time in an
accredited educational institution, remedial education activity or employment training program
that will lead to an occupational certification, associate degree or bachelor's degree. The recipient
of the child care assistance must confirm their intent to obtain education or training that will lead
to employment in an occupation that has starting wages sufficient to eliminate the need for public
assistance. DES must review the pursued education and training programs to verify that the
programs are related to employment goals and the individual must demonstrate satisfactory
program progress to DES.insurance; optometrists; contracts; covered services (H.B. 2047) – Chapter 72
Prohibits a contract between an optometrist and certain health care insurers entered into or
renewed beginning January 1, 2022, from: 1) requiring the optometrist to provide an uncovered
service to a covered individual at a fee set by the insurer; 2) prohibiting the optometrist from
offering an uncovered vision service to a covered individual at a fee determined by the optometrist
or by the optometrist and the individual; and 3) requiring the optometrist to use specific vendors
to replenish inventory.
Contract requirements do not restrict the ability of an insurer to enter into a contract for an
optometrist to participate in an insurer-sponsored discount program for uncovered services, in
certain circumstances. When providing a list of optometrists in the insurer network, an insurer may
identify whether an optometrist participates in a discount program for uncovered services if the
list also states that other discounts may be available with individual optometrists.
genetic testing; private property (NOW: genetic testing; requirements; data; enforcement) (H.B.
2069) – Chapter 254
Outlines disclosure, consent, testing and privacy requirements and exemptions for
direct-to-consumer genetic testing companies that collect and process DNA, chromosomes, genes
or gene products. Prescribes penalties for violations of genetic testing requirements and
prohibitions and authorizes the Attorney General to bring action against an individual who violates
genetic testing standards.
health care insurance; amendments (H.B. 2119/S.B. 1075) – Chapter 24
SEE THE FINANCE COMMITTEE.
rural providers; loan repayment program (H.B. 2126) – Chapter 77
Exempts an applicant for the Primary Care Provider Loan Repayment Program or the Rural
Private Primary Care Provider Loan Repayment Program who works at an Indian Health Service
facility or a tribal or urban Indian health facility from the requirement to provide a sliding fee
scale. The Department of Health Services is exempt from rulemaking requirements until March
29, 2023.
marijuana violations; court jurisdiction; procedures (H.B. 2171) – Chapter 222 E
SEE THE JUDICIARY COMMITTEE.
forest products; processing; tax credit. (NOW: DCS; records; data; access) (H.B. 2247) – Chapter 291
Requires the Department of Child Safety (DCS) to provide local foster care review boards
(FCRBs) with information necessary to perform statutory duties through an automated informationexchange that is governed by a data-sharing agreement. Grants the Ombudsman-Citizens' Aide
direct remote access to any DCS-automated case management system. Grants an alternate member
of a local FCRB the same level of access to necessary information as a regular local FCRB
member, rather than to only case correspondence and reports. Requires DCS or a licensed child
welfare agency to provide the FCRB with progress reports resulting from placement and progress
reviews concerning children in foster homes.
medical assistants; training requirements (H.B. 2266) – Chapter 259
Allows allelopathic, naturopathic and osteopathic medical assistant training requirements
to be satisfied through a training program that: 1) is designed and offered by a physician; 2) meets
or exceeds approved training program requirements; 3) verifies the entry-level competencies of a
medical assistant; and 4) provides written verification of successful training program completion.
A person may use the title medical assistant upon verification of successful training program
completion.
medical marijuana; research; grants (H.B. 2298) – Chapter 419 RFEIR
Subject to the requirements for enactment for initiatives and referendums (Proposition
105), which requires the affirmative vote of at least three-fourths of the members of each house of
the Legislature, directs the Arizona Biomedical Research Centre (ABRC) to provide grants from
the Medical Marijuana Fund (Fund) for approved marijuana clinical trials to evaluate the safety
and efficacy of using marijuana and to research the impacts of marijuana interactions with other
drugs. ABRC may provide up to $5 million from the Fund annually for five years for the grants.
ABRC must prioritize randomized controlled clinical trials that study the treatment of autism,
epilepsy, post-traumatic stress disorder and pain. A person who receives clinical trial grants may
not be charged or prosecuted for medical marijuana possession while working on a clinical trial.
laboratory procedures; chiropractors (H.B. 2311) – Chapter 50 E
An emergency measure effective March 18, 2021, that adds nasal swabs, oral swabs and
sputum collection to the clinical diagnostic laboratory procedures a chiropractor may perform.
Until January 1, 2024, requires chiropractors to refer patients who test positive for the coronavirus
disease 2019 (COVID-19) to a primary care or other health care provider for treatment.
town councils; financial statements; websites (NOW: crisis standards of care; plans) (H.B. 2386)
– Chapter 422
Prescribes requirements for a Crisis Standards of Care (CSC) Plan or crisis guidelines or
standards established by the Department of Health Services (DHS) to address resource allocation
when the demand for certain health care services exceeds the supply of resources. DHS must
modify any adopted CSC Plan or crisis guidelines or standards by November 28, 2021.Requires representatives of the state protection and advocacy agency and advocates for the
aged to be members of the State Disaster Medical Advisory Committee, which is responsible for
developing CSC and other incident-specific priorities and guidance for the delivery of health care
and use of medical resources during a public health emergency.
A health care provider and a health care institution staff member may not require a patient
or their health care decision maker to sign a do-not-resuscitate order or make a particular health
care treatment decision.
AHCCCS; graduate medical education; reimbursement (H.B. 2392) – Chapter 81
Beginning March 1, 2022, requires the Arizona Health Care Cost Containment System
(AHCCCS), subject to approval from the U.S. Centers for Medicare and Medicaid Services, to
establish a separate graduate medical education (GME) program to reimburse qualifying
community health centers and rural health clinics. AHCCCS must distribute monies appropriated
for GME to qualifying community health centers and rural health clinics and adopt rules specifying
the distribution formula. AHCCCS may limit payments to designated providers and must
coordinate with local governments and universities to qualify for federal matching monies.
By July 1, requires AHCCCS to annually report the amount of money contributed and the
number of residency positions funded by local governments and universities, including any
federally matching monies used.
department of child safety; fees (H.B. 2399) – Chapter 45 E
An emergency measure effective March 17, 2021, that allows the Department of Child
Safety (DCS) to charge a fee to conduct central registry background checks for licensees that: 1) do
not contract with Arizona; 2) contract with the federal government and do not receive federal
monies; and 3) employ individuals who provide direct services to children in a licensed behavioral
health residential facility. Allows DCS to establish and collect fees from noncontracting licensees
for licensure and supervision and establishes the Child Welfare Licensing Fee Fund (Fund)
consisting of collected fees and legislative appropriations. Fund monies must be used to pay costs
incurred by DCS for licensure administration for noncontracting licensees.
safe havens; newborn infant age (H.B. 2410) – Chapter 195
Increases, from 72 hours to 30 days, the age that safe haven placement protocols apply to
a newborn infant. Safe haven protocols only apply to unharmed newborn infants who are not
alleged to have been neglected or abused.
technical correction; missing children (NOW: missing children; reporting; requirements) (NOW:
DCS; missing children; required reporting) (H.B. 2439) – Chapter 294
Beginning January 1, 2022, until December 31, 2026, requires the Department of Child
Safety (DCS) to biannually make outlined information on runaway and abducted childrenYou can also read
