Official Summary Text
SB1162 - 572R - Senate Fact Sheet
Assigned to
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PASSED BY HOUSE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
AMENDED
FACT SHEET FOR
S.B. 1162
health
care institutions; licensing; complaints
(
NOW: health care
institutions; licensing; compliance
)
Purpose
Requires the Department of Health Services (DHS) and the Arizona Health
Care Cost Containment System (AHCCCS) to coordinate to review each agency's
monitoring and compliance functions to identify areas of overlap related to
health care institution licensing standards. Establishes minimum qualifications
and training requirements for behavioral health technicians (BHTs) and
prescribes BHT scope of practice, supervision and duties.
Background
DHS is the agency responsible for licensing and oversight of all health
care institutions in Arizona, including enforcing statutes, rules and
regulations governing health care institutions. DHS may review and approve
plans and specifications, access books and records and conduct inspections and
investigations to determine compliance with licensing standards. DHS may also develop
facility manuals and guides to health care institutions and the general public
(
A.R.S.
� 36-406
).
AHCCCS serves as Arizona's Medicaid agency which offers qualifying
Arizona residents access to healthcare programs. AHCCCS contracts with health
professionals to provide medically necessary health and medical services to
eligible members and may establish eligibility and enrollment processes and
implement systems related to fraud prevention, quality assurance and contractor
compliance (
A.R.S. � 36-2903
).
BHTs, also referred to as psychiatric technicians or mental health
technicians, are health care providers who provide direct care to individuals
with mental health conditions and developmental disabilities. BHTs work as part
of a health care team under the direction of psychiatrists and other behavioral
health providers and may work in hospitals, group homes and other health care
settings. BHT duties may include listening to patient concerns, monitoring
behavior, recording patient conditions, reporting behavioral changes to medical
staff, helping with admission and discharge, monitoring vital signs and
assisting with activities of daily living (
Cleveland Clinic
).
There is no anticipated fiscal impact to the state General Fund
associated with this legislation
.
Provisions
Review of
Agency Compliance and Monitoring Functions
1.
Requires DHS to license and monitor the operation of health care
institutions to ensure compliance with applicable statutes.
2.
Requires DHS and AHCCCS to coordinate to review each agency's monitoring
and compliance functions to identify areas of overlap related to health care
institution licensing standards.
3.
Requires
the review, at a minimum, to include:
a)
licensing, certification and enrollment requirements;
b)
on-site surveys, inspections, audits and other compliance activities;
c)
data collection and reporting requirements; and
d)
corrective
action and enforcement processes relating to health care institutions.
4.
Instructs
DHS and AHCCCS to:
a)
identify opportunities to eliminate or reduce duplicative, redundant or
inconsistent requirements while maintaining patient safety and appropriate
regulatory oversight; and
b)
coordinate
or align policies, procedures and operational practices to minimize
administrative burdens on health care institutions.
5.
Specifies that the review requirement does not require any action
inconsistent with federal Medicaid conditions of participation or conditions of
payment or other applicable federal requirements.
6.
Requires DHS, by December 31, 2026, and October 31 every four years
thereafter, to submit a written report to the Health and Humans Services
Committees of the Senate and House of Representatives, or their successor
committees, that:
a)
summarizes the findings of the review;
b)
identifies areas of duplication or overlap; and
c)
includes
recommendations for statutory, regulatory or administrative changes.
BHTs
7.
Requires a BHT to:
a)
be at least 18 years old;
b)
possess a minimum of a high school diploma or the equivalent; and
c)
successfully
complete any required background checks.
8.
Requires
a BHT, prior to providing supervised direct services, to complete training that
addresses:
a)
behavioral health system orientation;
b)
confidentiality and compliance;
c)
professional boundaries and ethics;
d)
crisis response and de-escalation techniques and skills; and
e)
trauma-informed and recovery-oriented care.
9.
Allows
behavioral health facilities and hospitals to adopt internal standards for BHTs
that exceed statutory minimums
10.
Requires behavioral health
facilities and hospitals that employ BHTs to provide ongoing training, as
required by law or the facility.
11.
Authorizes a BHT to provide
services consistent with the individual's training, delegation and supervision,
including:
a)
implementing client treatment, service or recovery plans;
b)
providing skills training and supportive counseling to support
behavioral, emotional and recovery-oriented functioning of clients;
c)
assisting with client self-administration of medication as authorized by
law or within an applicable scope of practice;
d)
completing documentation and clerical activities related to client care;
e)
contributing to client assessments and service planning, including
interviewing and recording client history and goals, gathering and recording
documentation to assist in developing a service plan and recording strengths,
needs, abilities and preferences into the service plan;
f)
providing education regarding treatment options and community resources;
g)
submitting allowable billing consistent with payer requirements;
h)
supporting mobile crisis teams and their interventions, including
engagement, de-escalation, safety planning, follow-up coordination, collection
of collateral information and assistance with assessment activities;
i)
providing client transportation, meal preparation and daily living
supports consistent with treatment goals;
j)
scheduling client appointments and providing case management support
activities;
k)
monitoring and documenting client vital signs of clients and other
health indicators for which the BHT has received appropriate training and
authorization; and
l)
providing other supportive or rehabilitative services consistent with
the individual's training and supervision and the employing BHT's or hospital's
license.
12.
Specifies that a BHT is not
authorized to diagnose medical or behavioral health conditions, prescribe
medications or provide services beyond those delegated to the BHT and
supervised by a licensed behavioral health professional or registered nurse.
13.
Defines
BHT
as an
individual who:
a)
is employed by a behavioral health facility or by a hospital authorized
to provide psychiatric services that is a licensed health care institution;
b)
provides behavioral health services under the supervision or clinical
oversight of either a licensed behavioral health professional or a registered
nurse who is working within the nurse's scope of practice and who is providing
supervision in a facility that is licensed as a hospital; and
c)
performs only delegated clinical and supportive functions consistent
with the individual's demonstrated training and competence and the employing
behavioral health facility's or hospital's policies and procedures.
14.
Requires DHS and AHCCCS, by
December 31, 2026, to review their rules and policies relating to behavioral
health technicians to ensure alignment with state statute.
15.
Becomes effective on the
general effective date.
Amendments Adopted by Committee
1.
Requires DHS and AHCCCS to coordinate to review each agency's monitoring
and compliance functions to identify areas of overlap related to health care
institution licensing standards and outlines review requirements.
2.
Requires
DHS, by December 31, 2026, and October 31 every four years thereafter, to
submit a written report to the Health and Humans Services Committees of the
Senate and House of Representatives, or their successor committees, that:
a)
summarizes the findings of the review;
b)
identifies areas of duplication or overlap; and
c)
includes
recommendations for statutory, regulatory or administrative changes.
3.
Removes DHS's ability to conduct an off-site preliminary review of a
complaint to determine whether an on-site inspection is necessary.
4.
Removes
the requirement that DHS close a complaint without further investigation when:
a)
the licensee has implemented systems reducing the likelihood of
violations and provided sufficient evidence of compliance; or
b)
the
complaint is received more than 12 months after the incident that triggered the
complaint.
Amendments Adopted by the House of Representatives
1.
Prescribes scope of practice, training requirements and minimum
qualifications for BHTs.
2.
Requires DHS and AHCCCS, by December 31, 2026, to review rules and
policies relating to behavioral health technicians to ensure alignment with
state statute.
3.
Makes technical changes.
Senate Action
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House
Action
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Prepared by Senate Research
April 28, 2026
MM/hk
Current Bill Text
Read the full stored bill text
SB1162 - 572R - H Ver
House Engrossed
Senate Bill
health
care institutions; licensing; complaints
(now: health care
institutions; licensing; compliance)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1162
AN
ACT
Amending title 36, chapter 4, article 1,
Arizona Revised Statutes, by adding section 36-405.04; Amending title 36,
chapter 4, Arizona Revised Statutes, by adding article 4.1; relating to health
care.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Title 36, chapter 4, article 1,
Arizona Revised Statutes, is amended by adding section 36-405.04, to read:
START_STATUTE
36-405.04.
Licensing and monitoring of health care institutions; joint
review of monitoring and compliance functions; reporting requirement
A. The department shall license and
monitor the operation of health care institutions to ensure compliance with
this chapter.
B. The department and the Arizona
health care cost containment system
shall coordinate to
review monitoring and compliance functions
to identify
areas of overlap related to health care institution licensing standards.
The review must include, at a minimum:
1. Licensing, certification and
enrollment requirements.
2. On-site surveys,
inspections, audits and other compliance activities.
3. Data collection and reporting
requirements.
4. Corrective action and enforcement
processes applicable to health care institutions.
C. The department and the Arizona
health care cost containment system shall:
1. Identify opportunities to
eliminate or reduce duplicative, redundant or inconsistent requirements while
maintaining patient safety and appropriate regulatory oversight.
2. Coordinate or align policies,
procedures and operational practices to minimize administrative burdens on
health care institutions.
D. This section does not require any
action that is inconsistent with federal medicaid conditions of participation
or conditions of payment or other applicable federal requirements.
E. On or before December 31, 2026 and
on or before October 31 every four years thereafter, the department shall
submit a written report to the house of representatives and the senate health
and human services committees, or their successor committees, that summarizes
the findings of the review, identifies areas of duplication or overlap and
includes recommendations for statutory, regulatory or administrative changes.
F. On or before December 31, 2026,
the DEPARTMENT and the Arizona health care cost containment system shall review
their rules and policies RELATING to behavioral health technicians to ensure
alignment with article 4.1 of this chapter.
END_STATUTE
Sec. 2. Title 36, chapter 4, Arizona Revised
Statutes, is amended by adding article 4.1, to read:
ARTICLE
4.1. BEHAVIORAL HEALTH TECHNICIANS
START_STATUTE
36-444.
Definition of behavioral health technician
In this article, unless the context otherwise
requires, "behavioral health technician" means an individual to whom
all of the following apply:
1. Is employed by a behavioral health
facility or by a hospital authorized to provide psychiatric services that is a
licensed health care institution pursuant to this chapter.
2. Provides behavioral health
services under the supervision or clinical oversight of either:
(
a
) A licensed
behavioral health professional.
(
b
) A registered nurse who is licensed pursuant to title 32,
chapter 15, who is working within the registered nurse's scope of practice and
who is providing supervision in a facility that is licensed as a hospital
pursuant to this chapter.
3. Performs only delegated clinical
and supportive functions consistent with the individual's demonstrated training
and competence and the employing behavioral health facility's or hospital's
policies and procedures.
END_STATUTE
START_STATUTE
36-444.01.
Qualifications; standards
A.
A
behavioral health technician shall:
1. Be at least eighteen years of age.
2. Possess a minimum of a high school
diploma or the equivalent.
3. Successfully complete any required
background checks.
B. Before providing supervised direct
services, a behavioral health technician shall complete training that
addresses:
1. Behavioral health system
orientation.
2. Confidentiality and compliance.
3. Professional boundaries and
ethics.
4. Crisis response and de-escalation
techniques and skills.
5. Trauma-informed and recovery-oriented
care.
C. A
behavioral health facility or hospital may adopt internal standards for
behavioral health technicians that exceed statutory minimums. The
employing behavioral health facility or hospital shall provide ongoing training
that the behavioral health facility or hospital requires or that is required by
law.
END_STATUTE
START_STATUTE
36-444.02.
Duties
A.
A
behavioral health technician may provide services consistent with the
individual's training, delegation and supervision, including:
1. Implementing client treatment,
service or recovery plans.
2. Providing skills training and
supportive counseling to support behavioral, emotional and recovery-oriented
functioning of clients.
3. Assisting with client self-administration
of medication as authorized by law or within an applicable scope of practice.
4. Completing documentation and
clerical activities related to client care.
5. Contributing to client assessments
and service planning, including:
(
a
) Interviewing
and recording client history, current status and desired goals.
(
b
) Gathering
and recording collateral and supportive documentation to assist in developing
the service plan.
(
c
) Recording
strengths, needs, abilities and preferences into a service plan.
6. Providing education regarding
treatment options and community resources.
7. Submitting allowable billing
consistent with payer requirements.
8. Supporting mobile crisis teams and
their interventions, including engagement, de-escalation, safety
planning, follow-up coordination, collection of collateral information
and assistance with assessment activities.
9. Providing client transportation,
meal preparation and daily living supports consistent with treatment goals.
10. Scheduling client appointments
and providing case management support activities.
11. Monitoring and documenting vital
signs of clients and other health indicators for which the behavioral health
technician has received appropriate training and authorization.
12. providing Other supportive or
rehabilitative services consistent with the individual's training and
supervision and the employing behavioral health facility's or hospital's
license.
B. This section does not authorize
any behavioral health technician to diagnose medical or behavioral health
conditions, prescribe medications or provide services beyond those that are
delegated to the behavioral health technician and supervised by a licensed
behavioral health professional or a registered nurse who is licensed pursuant
to title 32, chapter 15.
END_STATUTE