2014 Overview of Legislation
Behavioral Health, Child Welfare, and Budget
Bills enacted become effective 90 days after the end of the legislative session (7/23/13) unless otherwise indicated
SB1077: Behavioral Health Professionals; Reciprocal Licenses
Sponsored by Senator Barto, this Council initiatedbill, for which we actively lobbied allowing BBHE to issue a license in the same discipline and equivalent practice level to those who had reciprocal licenses on 9/12/13. This corrects a technical difficulty with 2013’s BBHE reform and restructuring bill. Our lobbyists, Rory Hays and Kathy Busby, and our members worked hard to get a 2/3rds vote in the House and Senate allowing the bill to go into effect immediately. Those holding eligible reciprocal licenses should automatically receive their new license in approximately30 days.
SB1216: Licensure; Behavioral Health Services
Sponsored by Senator Barto, this Council initiated bill, for which we actively lobbied, allowing ADHS to adopt licensing provisions to facilitate the co-location and integration of physical and behavioral health centers. Also includes a definition of behavioral health services.
HB2105: Court Ordered Evaluations; Peace Officers
Sponsored by Rep. Kavanagh, this bill allows peace officers to detain someone who is believed to be a danger to themselves or others based on probable cause, rather than observed behavior. The officer SHALL transport the person to a screening/evaluation agency.
HB2172: Board of Psychologist Examiners; Psychologists
Sponsored by Rep. Brophy-McGee, this bill makes a variety of changes to the Board of Psychologist Examiners including rules creation regarding use of tele-practice and electronic supervision, issuing temporary licenses for those working under supervision for post-doctoral supervision, and clarifies that licensees undergoing a treatment program for impaired professionals assume the cost of that program.
HB2173: Psychology Board; Behavioral Analysts
Sponsored by Rep. Brophy-McGee, this bill makes a variety of changes to Behavior Analyst statutes including moving to standards consistent with a nationally recognized certification board, making a variety of exemptions from licensure, and limiting the use of the title “behavior analyst” to those actively engaged in the practice of behavior analysis.
HB 2306: Fingerprint Clearance Cards; Periodic Checks
Sponsored by Rep J. Pierce, this bill expands the list of offenses that prohibit people from receiving a fingerprint clearance card to include “trafficking of persons for forced labor or services” and requires DPS to conduct periodic state and federal background checks on those with a fingerprint clearance card.
HB 2310: Criminal Justice Information; Court Reporting
Sponsored by Rep J. Pierce, this bill requires DPS to exchange criminal justice information with the superior court to help in determination of eligibility for substance abuse and treatment courts in a family or juvenile case.
HB2321: Procurement Code Omnibus
Sponsored by Rep J. Pierce, this bill makes changes to the Arizona Procurement code prohibiting someone involved in the procurement process from accepting employment from a successful offeror or their lobbyist for one year. It also exempts the Department of Gaming from the procurement process when making contracts with licensed behavioral health professions.
HB2454: Human Trafficking; Prostitution
Sponsored by Rep. E. Farnsworth, this bill adds human trafficking crimes to the definition of racketeering and makes changes to the crime of child prostitution. It prescribes escort and massage therapy advertising requirements and establishes the human trafficking victim assistance fund.
HB2457: Mental Health; Veterans Courts; Establishment
Sponsored by Rep. E. Farnsworth, this bill permits the county courts to establish veterans and/or mental health courts with similar regulations as current homeless courts.
HB2603: TANF Recipients; Drug Convictions; Notification
Sponsored by Rep Borelli, this bill requires the court to notify ADES of a conviction if the court knows that a person convicted of a drug offense is receiving TANF cash benefits.
HB2605: Teachers; Suicide Prevention; Continuing Education
Sponsored by Rep. Carter, this bill allows the AZ State Board of Education to permit suicide awareness and prevention training programs to count as continuing education credits for teachers and administrators.
HB2667: Persons with Disabilities AKA Person First Bill
Sponsored by Rep. Mach, this bill requires the state to use the term “persons with disabilities” in all laws, rules, publications, orders, actions, programs, policies, and signage. Removes use of the terms disabled, handicap, handicapped, and handicapping in statute.
SB1124: Controlled Substances Prescription Monitoring Program
Sponsored by Senator Ward, this bill allows the Board of Pharmacy to release data from the Prescription Monitoring Program to a delegate of authorized prescribers or dispensers.
HB2638: CPS Information; Law Enforcement; Prosecutors
Sponsored by Rep. Townsend, this bill modifies existing statute requiring DES or a person receiving CPS information to share that information with those providing services to or investigating and prosecuting the allegation. This bill adds any violation involving domestic violence or violent sexual assault to the requirement.
SB1309: Court Ordered Services; Dependent Children
Sponsored by Senator Barto, this bill allows the juvenile court to provide supplemental services to DCSFS using juvenile shelters or treatment facilities, if they are available. Also allows for facilitation of collaboration between parties to ensure court ordered services are delivered.
SB1342: Unlawful Mutilation; Female Genitalia AKA Girls and Young Women’s Sufferance Act
Sponsored by Senator Burges, this bill creates a state offense (Class 2 felony) of unlawful mutilation similar to existing federal law. It is now a crime to mutilate a female under age 18, knowingly transport a child for mutilation, and recklessly transport a child to a jurisdiction where mutilation is likely to occur. Adds unlawful mutilation as a reportable offense for mandatory reporting, states that parental permission is not a defense for prosecution, and prescribes sentencing guidelines.
SB1391: Schools; Noncertified Employees; Fingerprinting
Sponsored by Senator Yee, this bill allows, but does not require, charter schools and school districts to require non-certified and unpaid personnel to obtain a fingerprint clearance card.
HJR2001: Child Abuse Prevention Month
Sponsored by Rep. Brophy McGee, this resolution establishes April 2014 as Child Abuse Prevention month and encourages citizens and lawmakers to support child abuse prevention and education efforts.
SB1224: Supplemental Appropriation; Child Safety Positions
Sponsored by Senator Biggs, this bill appropriates $6.8 Million in supplemental funding for 192 FTE’s for child safety and family services staff. Monthly reports to the Governor and legislature on progress on filling the positions are required.
HB2703: Budget; General Appropriations; FY2014-15
HB2705: Budget; BRB; Health; Welfare
The 2014-15 budget includes flat funding for DHS behavioral health funding, including funding for NTXIX and crisis services. Funding for CPS is less than requested by the Governor and less than what is needed to effectively reform and restructure the child safety system. Funding and structure of the new Child Safety and Family Services division should be addressed in a special session in May or June.
HB2240 Developmental Disabilities; Client Income; Retention
Sponsored by Rep. Brophy McGee, this bill allows a person with a developmental disability living in a DES residential program to retain a minimum of 30% of their income or benefits for personal use. This bill restores funding that had been swept during the budget crisis.
HB2508: Insurance; Navigator; Application Counselor; Licensure
Sponsored by Rep Lovas, this bill requires navigators and certified application counselors to be licensed by the department of insurance beginning October 1, 2014.
HB2024: Aggressive Solicitation; Offense (Kavanagh)
HB2367: AHCCCS; Annual Waiver Submittals AKA the “Able Bodied” bill (Tobin)
HB2459: Rulemaking; Restrictions (E. Farnworth)
SB1062: Exercise of Religion; State Action AKA the “Freedom to Discriminate” bill (Yarbrough)
SB1386: Supplemental Appropriation; External CPS Review
Sponsored by Senator Biggs, this bill appropriates $250,000 from the state General Fund to contract with an independent consultant to do an external review of CPS, identify best practices, and make recommendations for service delivery improvement. In the Governor’s veto message, she stated that with “limited resources and staff capacity, it is important to consider all the child welfare reforms comprehensively.”