Arizona SB 1203: health care institutions; architectural plans

Bill Text

Chapter 0034 - 552R - S Ver of SB1203 

 Senate Engrossed

 health 
 care institutions; architectural plans

 State of 
 Arizona

 Senate

 Fifty-fifth 
 Legislature

 Second Regular 
 Session

 2022

 CHAPTER 34

 SENATE BILL 1203

An Act

repealing 
section 36-405, Arizona Revised Statutes, as amended by Laws 2021, chapter 405, 
section 10; amending section 36-405, Arizona Revised Statutes, as amended by 
Laws 2021, chapter 363, section 1; amending sections 36-421 and 36-422, 
Arizona Revised Statutes; relating to health care institutions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Repeal

Section 36-405, Arizona Revised 
Statutes, as amended by Laws 2021, chapter 405, section 10, is repealed.

Sec. 2. Section 36-405, Arizona Revised 
Statutes, as amended by Laws 2021, chapter 363, section 1, is amended to read:

START_STATUTE36-405. Powers and duties of the director

A. The director shall adopt rules to establish 
minimum standards and requirements for constructing, modifying and licensing 
health care institutions necessary to ensure the public health, safety and 
welfare.� The standards and requirements shall relate to the construction, 
equipment, sanitation, staffing for medical, nursing and personal care 
services, and recordkeeping pertaining to administering medical, nursing, 
behavioral health and personal care services, in accordance with generally 
accepted practices of health care. The standards shall require that 
a physician who is licensed pursuant to title 32, chapter 13 or 17 medically 
discharge patients from surgery and shall allow an outpatient surgical center 
to require that either an anesthesia provider who is licensed pursuant to title 
32, chapter 13, 15 or 17 or a physician who is licensed pursuant to title 32, 
chapter 13 or 17 remain present on the premises until all patients are 
discharged from the recovery room. Except as otherwise provided in 
this subsection, the director shall use the current standards adopted by the 
joint commission on accreditation of hospitals and the commission on 
accreditation of the American osteopathic association or those adopted by any 
recognized accreditation organization approved by the department as guidelines 
in prescribing minimum standards and requirements under this section.

B. The director, by rule, may:

1. Classify and subclassify health care institutions 
according to character, size, range of services provided, medical or dental 
specialty offered, duration of care and standard of patient care required for 
the purposes of licensure. Classes of health care institutions may 
include hospitals, infirmaries, outpatient treatment centers, health screening 
services centers and residential care facilities. Whenever the 
director reasonably deems distinctions in rules and standards to be appropriate 
among different classes or subclasses of health care institutions, the director 
may make such distinctions.

2. Prescribe standards for determining a health care 
institution's substantial compliance with licensure requirements.

3. Prescribe the criteria for the licensure 
inspection process.

4. Prescribe standards for selecting health care-related 
demonstration projects.

5. Establish 
nonrefundable application and licensing fees for health care institutions, 
including a grace period and a fee for the late payment of licensing fees, and fees for architectural plans and specifications reviews.

6. Establish a process for the department to notify 
a licensee of the licensee's licensing fee due date.

7. Establish a process for a licensee to request a 
different licensing fee due date, including any limits on the number of 
requests by the licensee.

C. The director, by rule, shall adopt licensing 
provisions that facilitate the colocation and integration of outpatient 
treatment centers that provide medical, nursing and health-related 
services with behavioral health services consistent with article 3.1 of this 
chapter.

D. Ninety percent of the fees collected pursuant to 
this section shall be deposited, pursuant to sections 35-146 and 35-147, 
in the health services licensing fund established by section 36-414 and 
ten percent of the fees collected pursuant to this section shall be deposited, 
pursuant to sections 35-146 and 35-147, in the state general fund.

E. Subsection B, paragraph 5 of this section does 
not apply to a health care institution operated by a state agency pursuant to 
state or federal law or to adult foster care residential settings. END_STATUTE

Sec. 3. Section 36-421, Arizona Revised 
Statutes, is amended to read:

START_STATUTE36-421. Construction or modification of a health care institution

A. A license application for a health care 
institution shall include, architectural 
plans and specifications or the department's approval of 
on a form provided by the department, a notarized attestation from an architect 
registered pursuant to title 32, c