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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