Arizona Laws 36-439.05. Outpatient treatment center employees; behavioral health services; private office or clinic of an exempt health care provider
A. Notwithstanding any other provision in this article, an employee of a licensed outpatient treatment center or an exempt outpatient treatment center that provides behavioral health services may provide behavioral health services at a private office or clinic that is operated by an exempt health care provider under the following circumstances:
Terms Used In Arizona Laws 36-439.05
- Behavioral health services: means services that pertain to mental health and substance use disorders and that are either:
(a) Performed by or under the supervision of a professional who is licensed pursuant to title 32 and whose scope of practice allows the professional to provide these services. See Arizona Laws 36-401
- Department: means the department of health services. See Arizona Laws 36-401
- Exempt health care provider: means a health care provider who is licensed pursuant to title 32, who holds an active license and whose private office or clinic is exempt from licensure pursuant to section 36-402, subsection A, paragraph 3. See Arizona Laws 36-439
- Exempt outpatient treatment center: means a facility with the same direct owner or indirect owner as a hospital that is licensed pursuant to this chapter, that does not have inpatient beds, that provides physical health services or behavioral health services for the diagnosis and treatment of patients and that is exempt from licensure pursuant to section 36-402, subsection A, paragraph 12. See Arizona Laws 36-439
1. The services are provided to a patient of the exempt health care provider, the exempt outpatient treatment center or the licensed outpatient treatment center.
2. The licensed outpatient treatment center or the exempt outpatient treatment center and the exempt health care provider have a written agreement specifying all of the following:
(a) The services to be provided.
(b) The responsibility for billing for the services provided.
(c) Liability for the actions of the licensed outpatient treatment center’s or the exempt outpatient treatment center’s employee.
(d) The responsibility for maintenance, access to and confidentiality of medical records.
(e) That the medical records for the behavioral health services provided by the licensed outpatient treatment center’s or the exempt outpatient treatment center’s employee are stored at the outpatient treatment center, in addition to any provisions for maintaining and storing the medical records at other sites.
B. A licensed outpatient treatment center and an exempt outpatient treatment center shall report to the department any unexpected death, self-injury or other injury of a patient under the care of its employee that occurs on the premises of an exempt health care provider and whether the injury required medical attention. The department may report the incident to the licensing board of any health care professional who is involved in the incident.
C. Unlicensed employees of a licensed outpatient treatment center or an exempt outpatient treatment center may provide services at the private office or clinic of the exempt health care professional only when a licensed health care professional who is employed by the licensed or exempt outpatient treatment center is on-site.