As part of implementing Laws 2011, Chapter 96, the Department is conducting rulemaking to remove the licensing of health care institutions that provide behavioral health services from Arizona Administrative Code (A.A.C.) Title 9, Chapter 20. Other types of behavioral health service agencies, such as agencies that provide DUI services, misdemeanor domestic violence offender treatment, or adult therapeutic foster care, are also currently regulated under the rules in 9 A.A.C. 20. Although the rules regulating these types of behavioral health service agencies will remain in 9 A.A.C. 20, the Department is revising the requirements for them to be consistent with statutory authority.
A.R.S. § 36-2006 requires the Department to adopt "rules establishing the standards for approval of alcohol and other drug screening, education and treatment facilities" and the standards for referrals to these facilities. The current rules for facilities providing DUI services are in 9 A.A.C. 20, Article 9.
A.R.S. § 13-3601.01 specifies that a judge "shall order a person who is convicted of a misdemeanor domestic violence offence to complete a domestic violence offender treatment program that is provided by a facility approved" by the Department or probation department. The current rules for these facilities are in 9 A.A.C. 20, Article 11.
A.R.S. § 36-502 requires the Department to adopt rules that include standards for agencies providing mental health services to individuals under A.R.S. Title 36, Chapter 5. The current rules for adult therapeutic foster homes are in 9 A.A.C. 20, Article 15.
Draft rules were completed, posted for comment, and revised based on the comments received and consistency with other rules in the Chapter. The Department is posting a revised draft of the Articles in Chapter 20 and is soliciting comments until May 5, 2013. To ensure that the public has notice of the opportunity for reviewing and commenting on the new draft rules, the Department has submitted a Notice of Public Information (page 549) for publication in the Arizona Administrative Register.
Although the new drafts are posted, the Department will continue to collect comments about the previous draft rules or the rulemaking process through an online survey.
Misdemeanor Domestic Violence Offender Treatment Services
Adult Behavioral Supportive Homes (Adult Therapeutic Foster Homes)
Please continue to visit this website for updated information regarding this rulemaking.