2022 Legislative summary

Below are those bills we have followed and/or taken action on during the 2022 Legislative Sessions, listed by Policy Priorities – Mental Health in Schools, Housing and Prevention Services.

For more details regarding the bills, click on the bill number or look at this Google doc.
A list of abbreviations can be found here.

2022 Legislative summary

MENTAL HEALTH IN SCHOOLS

Bill NameKeywordsSponsorsStatusSummary

HB2031

higher education; individuals with disabilitiesUDALLTransmitted to Governor: 05/31 Signed: 06/06 Chapter: 273Comments: "Community colleges" (defined elsewhere in statute) and universities under the jurisdiction of the Arizona Board of Regents are required to adopt policies that are transparent and explicit about the process by which the university or community college determines eligibility for accommodations for an individual with a disability, and that make any of a list of specified documents sufficient to establish that an individual is an individual with a disability. Universities and community colleges are required to engage in the interactive process to establish a reasonable acco

HB2098

psychiatric assessment; nurse practitioners; reportingCOBB, UDALLTransmitted to Governor: 04/07 Signed: 04/13 Chapter: 122Comments: A psychiatric and mental health nurse practitioner is added to the list of health professionals that are authorized to conduct an outpatient assessment of a child exhibiting behavior that indicates that the child may suffer from a mental disorder or is a danger to self or others. AS SIGNED BY GOVERNOR

HB2178

school psychologists; exemptionUDALLTransmitted to Governor: 03/28 Signed: 03/30 Chapter: 95Comments: Statute regulating licensure by the Board of Psychologist Examiners does not limit the activities, services, and use of a title by a school psychologist who is contracted to provide services in or who is employed by an educational institution setting that serves students in kindergarten through 12th grade and who is certified by the Department of Education, if the services or activities are part of the duties of that person's employment or contract. AS SIGNED BY GOVERNOR

HOUSING

Bill NameKeywordsSponsorsStatusSummary

HB2165

housing department; licensure; fingerprinting; penaltiesKAISERTransmitted to Governor: 03/18 Signed: 03/24 Chapter: 55Comments: Before receiving and holding a license issued by the Arizona Department of Housing (ADOH), and applicant is required to submit a valid fingerprint clearance card. ADOH is prohibited from issuing a license to an applicant before receiving a valid fingerprint clearance card, and is required to suspend a license if the fingerprint clearance card is invalid and the applicant fails to submit a new card within 10 days after being notified. AS SIGNED BY GOVERNOR

HB2450

outpatient treatment centers; licensure; exemptionOSBORNETransmitted to Governor: 04/07 Signed: 04/13 Chapter: 128Comments: The list of exemptions from licensure and regulation as a health care institution is expanded to include an outpatient treatment center that has the same governing authority as a licensed hospital and that is staffed by licensed health care providers. Does not apply to abortion clinics, pain management clinics, or if patients are kept overnight or are treated under general anesthesia that is not regulated under dentistry statutes. An outpatient treatment center that is exempt from licensure under these provisions is subject to reasonable inspection by the Department of Health Services (DHS) if the DHS Director has reasonable cause to believe that patient harm is or may be occurring at that center. AS SIGNED BY GOVERNOR

HB2485

eviction dismissal; sealed recordsWILMETH, BLACKMAN, et alTransmitted to Governor: 06/06 Signed: 06/08 Chapter: 286Comments: On the court entering an order that dismisses an action for eviction prior to entry of a judgment or that enters judgment in favor of a tenant, the court is required to issue an order sealing all records related to the case. Applies to all records relating to an action for summary eviction, a forcible entry and detainer action, or a special detainer action that are maintained by the court. Applies to a tenant whose case is dismissed or in which judgment is entered in the tenant's favor on or after the effective date of this legislation. AS SIGNED BY GOVERNOR

HB2610

G&F; permits; tags; transfers NOW: project unit size; affordable housingBURGES, BLACKMAN, et alTransmitted to Governor: 06/06 Signed: 06/08 Chapter: 287Comments: Property used exclusively for affordable rental housing is no longer limited to 200 units or less to qualify for a property tax exemption. AS SIGNED BY GOVERNOR

HB2674

municipal zoning; by right housing NOW: housing supply study committeeKAISER, CHÁVEZTransmitted to Governor: 04/19 Signed: 04/25 Chapter: 185Comments: Establishes an 11-member Housing Supply Study Committee to review data on the scope of housing supply, and access and compile ways to address Arizona's housing shortage and mitigate its causes. The Committee is required to submit a report of its findings and recommendations to the Governor and the Legislature by December 31, 2022, and self-repeals July 1, 2023. Emergency clause. AS SIGNED BY GOVERNOR

SB1210

mentally ill; transportation; evaluation; treatmentBARTO, TOWNSEND, et alTransmitted to Governor: 05/17 Signed: 05/23 Chapter: 250Comments: When a court, a person, an evaluation agency, or a mental health treatment agency is allowed to authorize, request, or order the apprehension and transportation of a proposed patient by a peace officer to an evaluation agency or mental health treatment agency, the court, person, or agency is allowed to authorize the apprehension and transportation by an "authorized transporter" (defined as an ambulance company or transportation provider contracted with a municipality or county to provide safe behavioral health transportation) if available if there are reasonable grounds to believe that the patient or proposed patient may be safety apprehended and transported without the assistance of a peace officer. Establishes limits on civil liability for the apprehension or transportation, which do not apply to a person who acts with gross negligence. Municipalities that have a licensed health care institution within the jurisdictional boundaries and that operate an ambulance service are authorized to apply to amend the certificate of necessity to provide "interfacility transports" (defined) in lieu of transports by a peace officer. Requires a copy of any court order for mental health evaluation or involuntary detention to be personally served on the proposed patient. Establishes a 15-member Study Committee on Alternative Behavioral Health Transportation to research and make recommendations for the implementation of and the use of alternative behavioral health transportation providers for individuals involved in mental health treatment or evaluation processes, as an alternative to transportation by peace officers. The Committee is required to submit a report of its findings and recommendations to the Governor and the Legislature by December 31, 2023, and self-repeals July 1, 2024. AS SIGNED BY GOVERNOR

SB1392

state hospital; placement; court-ordered treatmentBARTOTransmitted to Governor: 06/08 Signed: 06/14 Chapter: 302Comments: During any period of court-ordered treatment, the medical director of the local mental health treatment agency assigned to supervise and administer the patient's treatment program is authorized to file a motion requesting the court to amend the treatment order to place the patient for treatment at the Arizona State Hospital (ASH). After a hearing, if the court finds that specified conditions apply, the court is authorized to amend the original treatment order authorizing the placement of the patient at the ASH. AS SIGNED BY GOVERNOR

PREVENTION SERVICES

Bill NameKeywordsSponsorsStatusSummary

HB2157

supplemental appropriations; community-based servicesCOBBTransmitted to Governor: 02/28 Signed: 03/01 Chapter: 2Comments: Makes the following supplemental appropriations in FY2021-22: $30.12 million from the Children's Health Insurance Program Fund and $1.078 billion of expenditure authority to the Arizona Health Care Cost Containment System Administration to implement the American Rescue Plan Act of 2021 home and community-based services spending plan and to adjust funding formula requirements; $362.7 million of expenditure authority to the Department of Economic Security Division of Developmental Disabilities to implement the American Rescue Plan Act of 2021 home and community-based services spending plan. Makes a supplemental appropriation of $15.1 million of expenditure authority in FY2021-22 to the Department of Child Safety operating lump sum item to continue existing functionality and oversight and to claim available federal monies. Establishes reporting requirements relating to these appropriations. AS SIGNED BY GOVERNOR

HB2594

trauma recovery centers; grantsTOMATransmitted to Governor: 05/18 Signed: 05/20 Chapter: 249Comments: Establishes the Trauma Recovery Center Fund, to be administered by the Department of Health Services (DHS) and used to provide grants to "trauma recovery centers" (defined) that meet specified eligibility requirements. By October 1 of each year, DHS is required to report to the Governor and the Legislature on the trauma recovery centers that received grant monies. Contains legislative findings. AS SIGNED BY GOVERNOR

OTHER

Bill NameKeywordsSponsorsStatusSummary

HB2030

state hospital; procurement; overtimeKAVANAGHTransmitted to Governor: 05/18 Signed: 05/20 Chapter: 238Comments: The Department of Health Services is exempt from the Procurement Code for contracts to provide medically necessary physical health care to individuals under the care of the Arizona State Hospital. A workday for state employees who are employed at the Arizona State Hospital may include a shift that spans two calendar days, and the workday is defined as the day the shift ends. The scheduled shift start and end times of these workdays cannot be adjusted to avoid the payment of overtime. AS SIGNED BY GOVERNOR

HB2084

kinship care; fingerprint requirement; waiverOSBORNE, UDALLTransmitted to Governor: 03/24 Signed: 03/30 Chapter: 85Comments: Kinship foster care parents are required to apply for a fingerprint clearance card. In its discretion and for good cause, the Department of Child Safety is authorized to waive the requirement for a kinship foster care parent to obtain a fingerprint clearance card and issue to the kinship foster care parent a restricted license that applies only to the children placed with the kinship foster care parent for kinship foster care. AS SIGNED BY GOVERNOR

HB2088

ALTCS; preadmission screeningOSBORNETransmitted to Governor: 03/17 Signed: 03/23 Chapter: 25Comments: Preadmission screening conducted by the Arizona Long-Term Care System must be conducted telephonically or virtually, unless the Arizona Health Care Cost Containment System Administration determines it is necessary to conduct the assessment in person or the applicant or applicant's representative requests an in-person assessment. AS SIGNED BY GOVERNOR

HB2274

appropriation; stipend; kinship foster careWENINGERTransmitted to Governor: 06/24 Signed: 06/29 Chapter: 329Comments: Appropriates $24.2 million from the general fund in FY2022-23 to the Department of Child Safety to use for a stipend of $300 per month for each child placed with the kinship foster care parent.

HB2336

licensed mental health professional; definitionPAYNETransmitted to Governor: 06/21Comments: Defines individuals who qualify to provide employer-paid traumatic event counseling for public safety employees. Extends the delayed repeal date on traumatic event counseling for public safety employees, firefighters and peace officers until January 1, 2027.

HB2397

emotional abuse; vulnerable adults DUNN, LONGDONTransmitted to Governor: 06/24, Signed 7/6Comments: For the purpose of Adult Protective Services statutes, the definition of "abuse" is expanded to include "emotional abuse" (defined).

HB2484

forcible entry; detainer; filing fee WILMETH, WENINGERTransmitted to Governor: 03/28 Signed: 03/30 Chapter: 97Comments: Prohibits the court from imposing or collecting a fee for filing an answer to a complaint for forcible entry or detainer. Eliminates the filing fee of $18 for the defendant in forcible entry and detainer filings. AS SIGNED BY GOVERNOR

HB2551

children's health insurance program; redetermination COBBTransmitted to Governor: 06/24, Chapter 338 Comments: Extends eligibility for the Children's Health Insurance Program (KidsCare) for 12 months after eligibility is determined.

HB2622

eligibility; AHCCCS BLACKMANTransmitted to Governor: 06/24, Chapter 339 Comments: Requires AHCCCS to annually renew on an automatic basis the eligibility of individuals that were in the custody of DCS at the time of turning 18 years of age, without requiring additional information, until the individual reaches 26 years of age.

HB2691

health care workforce; grant programs OSBORNE, BIASIUCCI, et alTransmitted to Governor: 06/24 Signed: 06/29 Chapter: 330Comments: Appropriates $15 million from the general fund in each of FY2022-23 through FY2026-27 to the Department of Health Services (DHS) for the Arizona Nurse Education Investment Program, which is established to increase the capacity of nursing education programs in Arizona. DHS is required to allocate monies to the Arizona Board of Regents and community college districts based on the number of nursing students graduating in FY2021-22. ABOR and CCDs are required to use the monies to pay for costs necessary to increase the number of qualified nursing education faculty and for directly related capital expenses. Appropriates $27 million from the general fund in each of FY2022-23 through FY2026-27 to DHS for the Nurse Clinical Rotation and Licensed Nurse Training Program, which is established to expand the capacity of preceptor training programs at health care institutions for nursing students and licensed nurses. DHS is required to develop a grant program to distribute the monies to licensed health care institutions to expand or create clinical training placements for nursing students and licensed nurses. Appropriates $500,000 from the general fund in each of FY2022-23 through FY2026-27 to DHS for the Preceptor Grant Program, which is established to expand the capacity of preceptor training programs for graduate students pursuing degrees as physicians or advanced practice registered nurses. DHS is required to allocate the monies to the three largest statewide nonprofit organizations that represent allopathic physicians, osteopathic physicians, and advance practice registered nurses. Specified licensed medical professionals who serve as volunteer preceptors are authorized to apply for grants from the nonprofit organizations. Appropriates $5 million from the general fund in each of FY2022-23 through FY2024-25 to the Arizona Health Care Cost Containment System for deposit in the Demonstration Project Program Fund to expand the capacity of the Maricopa County Community College District and the Navajo County Community College District to train students as behavioral health workers.

SB1050

neglected children; definition TOWNSENDTransmitted to Governor: 03/17 Signed: 03/23 Chapter: 26 Comments: For the purpose of Title 8 (Child Safety), the definition of "neglect" is modified to mean the inability or unwillingness of a parent, guardian or custodian of a child to provide that child with supervision, food, clothing, shelter or medical care if that inability or unwillingness causes substantial risk, instead of unreasonable risk, of harm to the child's health or welfare. AS SIGNED BY GOVERNOR

SB1069

juvenile dependency; child placement BARTOTransmitted to Governor: 03/14 Signed: 03/18 Chapter: 5 Comments: Various changes to statute relating to juvenile dependency. A person who attends an adoption hearing is prohibited from disclosing the content of testimony provided at the hearing, instead of from disclosing any information about the hearing. The court is required to appoint an attorney for a child in delinquency proceedings that commence with a petition or that may involve detention, instead of in all delinquency proceedings. If a child in a permanent guardianship proceeding is the subject of a pending dependency petition not filed by the Department of Child Safety (DCS), the court is required to notify DCS of the motion for permanent guardianship within 14 days after filing, and DCS is authorized to conduct an investigation into the allegations in the dependency petition. DCS has 10 days to inform the court and the parties of its position on the guardianship. If DCS objects to the motion for permanent guardianship, DCS is authorized to take action necessary to protect the health and safety of the child. AS SIGNED BY GOVERNOR

SB1075

incompetent defendant; guardian appointment; costs NOW: DCS; hotline allegation data; evaluation BARTOTransmitted to Governor: 04/20 Signed: 04/26 Chapter: 194 Comments: The Department of Child Safety (DCS) is required to engage an independent consultant with expertise in advanced analytics to identify statistically significant associations between hotline allegation data within DCS reports and the need for protective service response. Information that must be included in the evaluation is listed. By July 1, 2023, the independent consultant is required to submit a report of its findings and recommendations to the Governor and the Legislature. Self-repeals January 1, 2024. AS SIGNED BY GOVERNOR

SB1079

child placement; procedural time limits BARTOTransmitted to Governor: 03/17 Signed: 03/23 Chapter: 30 Comments: Procedural time limits established in Department of Child Safety statutes cannot be waived, extended, or continued unless it is necessary for the full, fair, and property presentation of evidence. A continuance of a procedural time limit cannot be granted if the delay is not in the best interest of the child. A continuance beyond 30 days can be granted only on a finding of extraordinary circumstances. The court is prohibited from extending the procedural time limits for more than a total of 60 days within any 12-month period, unless the court makes a written finding that substantial evidence exists that the additional time is in the best interest of the child. If the court determines that an extension was due to a party's disclosure violation or lack of due diligence, the court is authorized to impose sanctions on that party. AS SIGNED BY GOVERNOR

SB1138

gender transition; prohibitions; public monies NOW: irreversible gender reassignment surgery; minors PETERSENTransmitted to Governor: 03/28 Signed: 03/30 Chapter: 104 Comments: Physicians are prohibited from providing "irreversible gender reassignment surgery" (defined) to any individual who is under 18 years of age. Physicians are authorized to provide services to an individual born with a medically verifiable disorder of sex development, to treat any injury or disease caused by or exacerbated by the performance of gender transition procedures, and to provide any procedure undertaken because the individual suffers from a physical disorder, injury, or illness that would place the individual in imminent danger of death or impairment of major bodily function unless surgery is performed. Effective April 1, 2023. AS SIGNED BY GOVERNOR. In his signing statement, the Governor stated that the irreversible nature of these procedures underscores why a decision should be made as an adult.

SB1162

opioid prescriptions; intractable pain; exceptions BARTOTransmitted to Governor: 04/07 Signed: 04/13 Chapter: 134 Comments. The limit of 90 morphine milligram equivalents per day on a prescription for a schedule II controlled substance that is an opioid does not apply to a patient who is receiving opioid treatment for perioperative care following an inpatient surgical procedure or to a patient who has "chronic intractable pain" (defined) once the patient has an "established health professional-patient relationship" (defined) and the patient has tried doses of less than 90 morphine milligram equivalents that have been ineffective at addressing the patient's pain. AS SIGNED BY GOVERNOR

SB1184

cities and towns; technical correction NOW: supplemental appropriation; community services GOWAN Substituted House Bill on Third Reading Comments: See HB 2157

SB1231

independent oversight committee; developmental disabilities BARTOTransmitted to Governor: 04/13 Signed: 04/19 Chapter: 159 Comments: The Division of Developmental Disabilities in the Department of Economic Security (DES) must allow the Independent Oversight Committee on Persons with Developmental Disabilities 30 days to review new policies and major policy changes before the Division submits the policies or changes for public comment. AS SIGNED BY GOVERNOR

SB1308

DHS licensure; group homes BARTOTransmitted to Governor: 06/24,VETOED Comments: By July 1, 2023, "behavioral-supported group homes" (defined) and group homes operated in Arizona by a service provider and under contract with the Department of Economic Security are required to be licensed by the Department of Health Services (DHS). Establishes a list of rules for group homes that DHS is required to adopt. Group homes and behavioral-supported group homes are exempt from required zoning standards for a health care institution. DHS cannot accept an accreditation report in lieu of a compliance inspection of a behavioral-supported group home, a group home, or a nursing-supported group home. Requires, beginning July 1, 2023, DHS to transfer all group home licenses to the appropriate subclass of health care institution licenses.

SB1309

group home monitoring; complex needs NOW: temporary licenses; health professionals; extension BARTOTransmitted to Governor: 03/22 Signed: 03/25 Chapter: 77 Comments: Any temporary license that was issued by a health profession regulatory board to a health professional during the Governor's declaration of emergency related to COVID-19 and that was active on March 1, 2022 does not expire until January 1, 2023. Self-repeals July 1, 2023. Emergency clause. AS SIGNED BY GOVERNOR

SB1310

incompetent defendants; public safety guardianship NOW: dangerous; incompetent person; evaluation; commitment FANNTransmitted to Governor: 06/24, Chapter 359 Comments: Prohibits ASH administration and employees from retaliating against a patient because the patient or the patient's family participates in the ASH-IOC meetings. Requires the ASH Superintendent and Chief Medical Officer or their designees to attend and participate in scheduled ASH-IOC meetings. Requires the ASH Superintendent to ensure that ASH administration: a) fully cooperated with the ASH-IOC in all aspects of its work; b) facilitates and supports the ASH-IOC's activities; c) timely responds to the ASH-IOC with responsive information to each inquiry; and d) does not impede the ASH-IOC in discharging its statutory responsibilities. ASH Clinical Improvement and Human Resources development Plan Requires ASH administration, by January 1, 2023, to develop and provide an evidence-based and innovative clinical improvement and human resources development plan and proposed budget to the: a) Governor; b) President of the Senate; c) Speaker of the House of Representatives; and d) chairpersons of the Legislative Health and Human Services committees. Requires the clinical improvement and human resources development plan to: a) be fully implemented by January 1, 2024; b) be developed in collaboration with the ASH-IOC, the Mental Health IOC, public and private community resources, community providers and guardians, families and representatives of ASH patients; c) identify necessary enhancements to ASH services, facilities and staff to provide statutorily required treatment and services to patients in each division, including treatment and services for secondary diagnoses; provide options and recommendations to reduce the number of patients statewide who are seeking admission to ASH and to reduce the wait time for admission; e) identify optimal levels of acuity-based staffing with full-time employees and minimal use of contract staff as well as ways to increase the number of forensically trained clinical staff; f) include a pandemic response and preparedness plan that creates a set of clinical metrics to significantly mitigate the effects of the COVID-19 pandemic on treatment and ensures continuous ASH operation with minimal disruption of treatment in the event of a subsequent pandemic; g) identify, in collaboration with community-based treatment facilities, levels of service that assist in transitioning patients from ASH into clinically appropriate settings as well as ways to increase the number of patients that have transitioned into the community without readmission to ASH or another facility; and h) identify an independent third party, residing outside of Arizona, to investigate incident reports and to receive complaints from patients, families and advocates. Repeals ASH development plan requirements on January 1, 2025. Adds, to the charge of the Council, reviewing, analyzing and making recommendations on the feasibility of transferring ASH to the Arizona Health Care Cost Containment System or an alternative oversight entity. Extends the reporting requirements of the Council for an additional year, until December 31, 2023. Delays repeal of the Council from August 31, 2023, to August 31, 2026. Makes technical and conforming changes. Becomes effective on the general effective date.

SB1542

group homes; electronic monitoring BARTOTransmitted to Governor: 05/18 Signed: 05/20 Chapter: 234 Comments: A service provider that operates a group home, a nursing-supported group home or an intermediate care facility for persons with intellectual disabilities is only allowed to install, oversee and monitor electronic monitoring devices in common areas if no client or client's responsible person objects to the installation of the electronic monitoring devices. The service provider may require cost sharing for the electronic monitoring devices only with the consent of responsible persons. If each client's responsible person agrees to the installation of electronic monitoring devices, a service provider is prohibited from preventing the responsible persons from installing and paying for the cost of electronic monitoring devices. Department of Economic Security rules cannot prohibit cost sharing for electronic monitoring devices between the service provider and the clients' responsible persons. AS SIGNED BY GOVERNOR

SB1651

serious mental illness; annual report BARTOTransmitted to Governor: 06/15 Signed: 06/21 Chapter: 305 Comments: The Arizona Health Care Cost Containment System (AHCCCS) Administration is required to annually report to the Joint Legislative Budget Committee and the chairpersons of the health and human services committees of the Senate and the House of Representatives on a list of specified information relating to individuals living with serious mental illness. By December 31, 2022, the AHCCCS Administration is required to develop a methodology to track accommodations that are requested and provided pursuant to the Americans with Disabilities Act to persons with disabilities who are living with serious mental illness, and to report on the methodology to the Legislature. AS SIGNED BY GOVERNOR