This Arizona regulation (9 A.A.C. 12) establishes the licensing and operating standards for sober living homes under the Department of Health Services. It covers application, renewal, and changes to licenses, as well as administrative requirements such as manager qualifications, resident rights, residency agreements, drug and alcohol testing, naloxone availability, abuse reporting, and physical plant standards. Operators must maintain documented policies and procedures covering resident acceptance, sobriety maintenance, complaint processes, and termination of residency.
View official sourcei The table of contents on the first page contains quick links to the referenced page numbers in this Chapter. Refer to the notes at the end of a Section to learn about the history of a rule as it was published in the Arizona Administrative Register. Please note that the Chapter you are about to replace may have rules still in effect after the publication date of this supplement. Therefore, all superseded material should be retained in a separate binder and archived for future reference. This is a new Chapter. The release of this Chapter in Supp. 19-2 replaces Supp. R9-12-101. Definitions ............................................................2 R9-12-102. Individuals to Act for Applicant or Licensee .......2 R9-12-103. Application for a License .....................................3 R9-12-104. License Renewal ..................................................3 R9-12-105. Changes Affecting a License ...............................3 R9-12-106. Time-frames .........................................................4 R9-12-107. Denial, Revocation, or Suspension of a License .. 5 Table 1.1. Time-frames (in calendar days) ...........................5 R9-12-201. Administration ......................................................5 R9-12-202. Residency Agreements .........................................7 R9-12-203. Resident Rights ....................................................8 R9-12-204. Resident Records ..................................................8 R9-12-205. Sober Living Home Services ...............................9 R9-12-206. Emergency and Safety Standards .........................9 R9-12-207. Environmental and Physical Plant Requirements 9 Supp. 19-2 This Chapter contains rule Sections that were filed to be codified in the Arizona Administrative Code between the dates of April 1, 2019 through Name: Thomas Salow, Branch Chief Address: Department of Health Services Public Health Licensing Services 150 N. 18th Ave., Suite 400 Phoenix, AZ 85007 Telephone: (602) 364-1935 Fax: (602) 364-4808 E-mail: Thomas.Salow@azdhs.gov or Name: Robert Lane, Chief Address: Department of Health Services Office of Administrative Counsel and Rules 150 N. 18th Ave., Suite 200 Phoenix, AZ 85007 Telephone: (602) 542-1020 Fax: (602) 364-1150 E-mail: Robert.Lane@azdhs.gov Website: https://www.azdhs.gov/licensing/special/ 9 A.A.C. 12 Title 9 CHAPTER 12. SOBER LIVING HOMES TITLE 9. DEPARTMENT OF HEALTH SERVICES June 30, 2019 02-4. Questions about these rules? Contact: PREFACE Under Arizona law, the Department of State, Office of the Secretary of State (Office), accepts state agency rule filings and is the publisher of Arizona rules. The Office of the Secretary of State does not interpret or enforce rules in the Administrative Code. Questions about rules should be directed to the state agency responsible for the promulgation of the rule. Scott Cancelosi, Director ADMINISTRATIVE RULES DIVISION ii RULES The definition for a rule is provided for under A.R.S. § 41-1001. “‘Rule’ means an agency statement of general applicability that implements, interprets, or prescrib es law or policy, or describes the procedures or practice requirements of an agency.” THE ADMINISTRATIVE CODE The Arizona Administrative Code is where the official rules of the state of Arizona are published. The Code is the official codifica- tion of rules that govern state agencies, boards, and commissions. The Code is separated by subject into titles. Titles are divided into chapters. A chapter includes state agency rules. Rules in chapters are divided into Articles, then Sections. The “R” stands for “rule” with a sequential numbering and lettering outline separated into subsections. Rules are codified quarterly in the Code. Supplement release dates are printed on the footers of each chapter. First Quarter: January 1 - March 31 Second Quarter: April 1 - June 30 Third Quarter: July 1 - September 30 Fourth Quarter: October 1 - December 31 For example, the first supplement for the first quarter of 2019 is cited as Supp. 19-1. Please note: The Office publishes by chapter, not by individual rule section. Therefore there might be only a few sections codi- fied in each chapter released in a supplement. Historical notes at the end of a section provide an effective date and information when a rule was last updated. AUTHENTICATION OF PDF CODE CHAPTERS The Office began to authenticate chapters of the Administrative Code in Supp. 18-1 to comply with A.R.S. § 41-1012(B) and A.R.S. § 5302(1), (2)(d) through (e), and (3)(d) through (e). A certification verifies the authenticity of each Code chapter posted as it is released by the Office of the Secretary of State. The authenticated pdf of the Code includes an integrity mark with a certificate ID. Users should check the validity of the signature, especially if the pdf has been downloaded. If the digital signature is invalid it means the document’s content has been compro- mised. HOW TO USE THE CODE Rules may be in effect before a supplement is released by the Office. Therefore, the user s hould refer to issues of the Arizona Administrative Register for recent updates to rule Sections. ARIZONA REVISED STATUTE REFERENCES The Arizona Revised Statutes (A.R.S.) are available online at the Legislature’s website, www.azleg.gov. An agency’s authority note to make rules is often included at the beginning of a chapter. Other Arizona statutes may be referenced in rule under the A.R.S. acronym. SESSION LAW REFERENCES Arizona Session Law references in a chapter can be found at the Secretary of State’s website, under Services-> Legislative Fil- ings. EXEMPTIONS FROM THE APA It is not uncommon for an agency to be exempt from the steps outlined in the rulemaking process as specified in the Arizona Administrative Procedures Act, also known as the APA (Arizona Revised Statutes, Title 41, Chap ter 6, Articles 1 through 10). Other agencies may be given an exemption to certain provisions of the Act. An agency’s exemption is written in law by the Arizona State Legislature or under a referendum or initiative passed into law by Arizona voters. When an agency files an exempt rulemaking package with our Office it specifies the law exemption in what is called the pre- amble of rulemaking. The pr eamble is published in the Register online at www.azsos.gov/rules, click on the Administrative Reg- ister link. Editor’s notes at the beginning of a chapter provide information about rulemaking sections made by exempt rulemaking. Exempt rulemaking notes are also included in the historical note at the end of a rulemaking Section. The Office makes a distinction to certain exemptions because some rules are made without receiving input from stakeholders or the public. Other exemp tions may require an agency to propose exempt rules at a public hearing. EXEMPTIONS AND PAPER COLOR At one time the office published ex empt rules on either blue or green paper. Blue meant the authority of the exemption was given by the Legislature; green meant the authority was determined by a court order. In 2001 the Office discontinued publishing rules using these paper colors. PERSONAL USE/COMMERCIAL USE This chapter is posted as a public courtesy online, and is for private use only. Those who wish to use the contents for resale or profit should contact the Office about Commercial Use fees. For information on commercial use f ees review A.R.S. § 39-121.03 and 1 A.A.C. 1, R1-1-113. Rhonda Paschal, managing rules editor, assisted with the editing of this chapter. Arizona Administrative Code 9 A.A.C. 12 Administrative Rules Division The Arizona Secretary of State electronically publishes each A.A.C. Chapter with a digital certificate. The certificate-based signature displays the date and time the document was signed and can be validated in Adobe Acrobat Reader. CHAPTER 12. SOBER LIVING HOMES TITLE 9. DEPARTMENT OF HEALTH SERVICES June 30, 2019 Supp. 19-2 Page 1 Authority: A.R.S. §§ 36-132(A)(1) and A.R.S. 36-136(G) ARTICLE 1. LICENSURE REQUIREMENTS New Article, consisting of Sections R9-12-101 through R9-12- 107, and Table 1.1, made by fi nal rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). Section R9-12-101. Definitions ...... ..................................................... 2 R9-12-102. Individuals to Act for Applicant or Licensee ...... 2 R9-12-103. Application for a License .................................... 3 R9-12-104. License Renewal .................................................. 3 R9-12-105. Changes Affecting a Licens e ............................... 3 R9-12-106. Time-frames ...... ................................................... 4 R9-12-107. Denial, Revocation, or Suspension of a License . 5 Table 1.1. Time-frames (in calendar days) ........................... 5 ARTICLE 2. SOBER LIVING HOME REQUIREMENTS New Article, consisting of Sections R9-12-201 through R9-12- 207, made by final rulemaking at 25 A.A.R. 1419, ef fective July 1, 2019 (Supp. 19-2). Section R9-12-201. Administration .. ....................................................5 R9-12-202. Residency Agreements .... .....................................7 R9-12-203. Resident Rights ............ .........................................8 R9-12-204. Resident Record s ..................................................8 R9-12-205. Sober Living Home Services ................................9 R9-12-206. Emergency and Safety St andards ........ .................9 R9-12-207. Environmental and P hysical Plant Requirements 9 9 A.A.C. 12 Arizona Administrative Code Title 9 CHAPTER 12. SOBER LIVING HOMES Page 2 Supp. 19-2 June 30, 2019 ARTICLE 1. LICENSURE REQUIREMENTS R9-12-101. Definitions In addition to the definitions in A.R.S. § 36-2061, the following definitions apply in this Chapter unless otherwise specified: 1. “Abuse” means: a. The same as in A.R.S. § 46-451; b. A pattern of ridiculing or demeaning a resident; c. Making derogatory remark s or verbally harassing a resident; or d. Threatening to inflict phys ical harm on a resident. 2. “Accept” or “acceptance” means an individual becomes a resident of a sober living home. 3. “Administrative completeness review time-frame” means the same as in A.R.S. § 41-1072. 4. “Applicant” means an indivi dual or business organization requesting a license under R9-12-104 to open a sober liv- ing home. 5. “Application packet” means the forms, documents, and additional information the Department requires to be sub- mitted by an applicant. 6. “Business organization” mean s the same as “entity” in A.R.S. § 10-140. 7. “Calendar day” means each day, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, statewide furlough day, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, statewide furlough day, or legal holiday. 8. “Controlling person” means a person who, with respect to a business organization: a. Has the power to vote at least 10% of the outstand- ing voting securities of the business organization; b. If the business organization is a partnership, is a general partner or is a li mited partner who holds at least 10% of the voting rights of the partnership; c. If the business organization is a corporation, associa- tion, or limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities; or d. Holds a beneficial interest in 10% or more of the lia- bilities of the business organization. 9. “Department” means the Arizona Department of Health Services. 10. “Documentation” means in formation in written, photo- graphic, electronic, or other permanent form. 11. “Drug” has the same meaning as in A.R.S. § 32-1901. 12. “Exploitation” has the same meaning as in A.R.S. § 46- 451. 13. “Facility” means the buildi ng or buildings used for oper- ating a sober living home. 14. “Health care provider” means a: a. Physician, as defined in A.R.S. § 36-401; b. Registered nurse practitione r, as defined in A.R.S. § 32-1601; or c. Physician assistant, as defined in A.R.S. § 32-2501. 15. “Illicit drug” means: a. A substance listed in A.R.S. § 36-2512 as a schedule I controlled substance; b. A dangerous drug, as defined in A.R.S. § 13-3401, that is not an individual’s prescription medication; or c. A prescription medication th at is not an individual’s prescription medication. 16. “Licensee” means the indivi dual or business organization to which the Department has issued a license to operate a sober living home. 17. “Manager” means an individu al designated by a licensee to: a. Act on behalf of the lice nsee in the onsite manage- ment of a sober living home; and b. Support and assist residents of the sober living home. 18. “Modification” means th e substantial improvement, enlargement, reduction, alte ration, or othe r substantial change in the facility or another structure on the premises at a sober living home. 19. “Over-the-counter drug” mean s the same as in A.R.S. § 32-1901. 20. “Overall time-frame” means the same as in A.R.S. § 41- 1072. 21. “Premises” means: a. A facility; and b. The grounds surrounding the facility that are owned, leased, or controlled by the licensee, including other structures. 22. “Prescription medication” mean s the same as in A.R.S. § 32-1901. 23. “Residency agreement” means a document signed by a resident or the resident’s representative and a manager, detailing the terms of residency. 24. “Resident” means an indi vidual who is accepted by a licensee under the terms of a residency agreement with the individual to live at the licensee’s sober living home. 25. “Resident’s representative” means: a. An individual acting on behalf of a resident with the written consent of the resident, or b. The resident’s legal guardian. 26. “Sober” or “sobriety” means th at an individual is free of alcohol or drugs, except for a drug that is: a. Used as part of medication-assisted treatment, b. The individual’s pres cription medication, or c. An over-the-counter drug. 27. “Staff” means the employee s or volunteers who provide monitoring or assistance to residents at a sober living home. 28. “Substantive review time-fra me” means the same as in A.R.S. § 41-1072. 29. “Swimming pool” means the same as “private residential swimming pool” as defined in A.A.C. R18-5-201. 30. “Termination of residency” or “terminate residency” means an individual is no longer a resident of a sober liv- ing home. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-102. Individuals to Ac t for Applicant or Licensee When an applicant or licensee is required by this Chapter to provide information on or sign an applicat ion form or other document, the following shall satisfy the requirement on behalf of the applicant or licensee: 1. If the applicant or licensee is an individual, the individ- ual; and 2. If the applicant or licensee is a business organization, the individual who the business organization has designated to act on the business organi zation’s behalf for purposes of this Chapter and who: a. Is a controlling person of the business organization, b. Is a U.S. citizen or legal resident, and Title 9 Arizona Administrative Code 9 A.A.C. 12 CHAPTER 12. SOBER LIVING HOMES June 30, 2019 Supp. 19-2 Page 3 c. Has an Arizona address. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-103. Application for a License A. An applicant shall submit to the Department a completed application packet to operat e a sober living home that con- tains: 1. An application, in a Depa rtment-provided format, that includes: a. The applicant’s name; b. The proposed name, if any, of the sober living home; c. The address and telephone number of the proposed sober living home; d. The applicant’s address and telephone number, if different from the addre ss or telephone number of the proposed sober living home; e. The applicant’s e-mail address; f. The name and contact info rmation of an individual acting on behalf of the applicant according to R9-12- 102, if applicable; g. Whether the applicant agrees to allow the Depart- ment to submit supplemental requests for informa- tion under R9-12-106(C)(3); h. The maximum number of residents of the proposed sober living home; i. The name, telephone numbe r, and e-mail address of the manager for the proposed sober living home; j. An attestation that the applicant is in compliance with local zoning ordinanc es, building codes, and fire codes; and k. The applicant’s signature and the date signed; 2. Documentation for the applicant that complies with A.R.S. § 41-1080; 3. If applicable, a copy of the a pplicant’s current certificate as a sober living home from a certifying organization approved by the Director; 4. A floor plan for the propos ed sober living home, includ- ing: a. The location and size of each resident bedroom, and b. The location of each openable window or door from a resident bedroom; 5. If the premises for the proposed sober living home are leased, documentation from the owner of the premises, in a Department-provided format, that the applicant has per- mission from the owner to operate a sober living home on the premises; and 6. A licensing fee of $500 pl us $100 times the maximum number of residents of the proposed sober living home in subsection (A)(1)(h). B. Upon receipt of the application packet in subsection (A), the Department shall issue or deny a license to an applicant as pro- vided in R9-12-106. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-104. License Renewal A. At least 60 calendar days before the expiration date indicated on a license to operate a sobe r living home, a licensee shall submit to the Department an application packet for renewal of the license that contains: 1. An application, in a Depa rtment-provided format, that includes: a. The applicant’s name; b. The address and telephone number of the sober liv- ing home; c. The applicant’s address and telephone number, if different from the address or telephone number of the sober living home; d. The applicant’s e-mail address; e. The license number of th e sober living home; and f. Whether the applicant agrees to allow the Depart- ment to submit supplemental requests for informa- tion under R9-12-106(C)(3); 2. If applicable, a copy of the licensee’s current certificate as a sober living home fro m a certifying organization approved by the Director; and 3. Except as provided in subs ection (B), a licensing fee of $500 plus $100 times the maximum number of residents approved for the sober living home during the current licensing period. B. A licensee may submit to the De partment the licensing fee in subsection (A)(3) with an addi tional late payment fee of $250 within 30 calendar days after the expiration date of the license as a sober living home. C. The Department shall renew or deny renewal of a license to operate a sober living home as provided in R9-12-106. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-105. Changes Affecting a License A. A licensee shall notify the Department in writing at least 30 calendar days before the effective date of: 1. Termination of operation of the sober living home, including the proposed termination date; 2. A change in the individual or business organization con- trolling the sober living home, including the name, address, telephone number, and e-mail address of the individual or business organization proposing to assume control of the sober living home; 3. A change in the address of the sober living home, includ- ing the new address for the sober living home; 4. A change in the name of the sober living home, including the new name of the sober living home; 5. If the licensee is an indivi dual, a legal change of the licensee’s name, including the new name of the licensee; or 6. A proposed change in the maximum number of residents in the sober living home or construction or modification of the facility, including: a. A floor plan for the sober living home showing: i. If applicable, the areas in which construction or modification of the facility will occur; ii. The location and size of each resident bedroom; and iii. The location of each openable window or door from a resident bedroom; b. For a proposed change in the maximum number of residents in the sober living home: i. The proposed new maxi mum number of resi- dents in the sober living home; and ii. If the proposed new ma ximum number of resi- dents in the sober living home is larger than the current maximum number of residents, a fee of $100 times the difference between the current maximum number of residents and the new maximum number of residents; and c. For construction or modifi cation of the facility, an attestation that the construction or modification will 9 A.A.C. 12 Arizona Administrative Code Title 9 CHAPTER 12. SOBER LIVING HOMES Page 4 Supp. 19-2 June 30, 2019 be in compliance with local zoning ordinances, building codes, and fire codes. B. A licensee shall notify the Department in writing no more than 30 calendar days after the effective date of: 1. A change in the name or c ontact information of an indi- vidual acting on behalf of the licensee according to R9- 12-102, including the name a nd contact information of the new individual acting on behalf of the licensee; 2. A change in the licensee’s e-mail address, including the new e-mail address; or 3. A change in the manager of the sober living home, including the name, tele phone number, and e-mail address of the new manager. C. If the Department receives the notification of termination of operation in subsection (A)(1), the Department shall void the licensee’s license to operate a sober living home as of the ter- mination date specified by the licensee. D. If the Department receives the notification in subsection (A)(2) of a change in the indi vidual or business organization controlling the sober living hom e, the Department shall void the licensee’s license to operate a sober living home upon issu- ance of a new license to operate a sober living home. E. If the Department receives the notification in subsection (A)(3) of a change in the address of the sober living home, the Department shall review, according to R9-12-106, the licensee’s application for a new license, submitted consistent with R9-12-103. F. If the Department receives the not ification of a change in the name of the sober living home in subsection (A)(4) or of the licensee in subsection (A)(5), the Department shall issue to the licensee an amended license that incorporates the change but retains the expiration date of the existing license. G. If the Department receives the notification in subsection (A)(6) of a proposed change in the maximum number of resi- dents in the sober living home or of construction or modifica- tion of the facility, the Department: 1. May conduct an inspection of the premises as allowed by A.R.S. § 36-2063; and 2. Shall issue to the licensee an amended license that incor- porates the change but retain s the expiration date of the existing license if the sober living home is in compliance with A.R.S. Title 36, Chapter 18, Article 4 and this Chap- ter. H. An individual or business or ganization planning to assume operation of an existing sober living home shall obtain a new license, as required in A.R.S. § 36-2062(E), before beginning operation of the sober living home. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-106. Time-frames A. The overall time-frame for a license granted by the Depart- ment under this Chapter is set forth in Table 1.1. The applicant or licensee and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame. An extension of the substan tive review time-frame and the overall time-frame may not exceed 25% of the overall time- frame. B. The administrative completene ss review t ime-frame for a license granted by the Departme nt under this Chapter is set forth in Table 1.1 and begins on the date that the Department receives an application packet. 1. The Department shall send a notice of administrative completeness or deficiencies to the applicant or licensee within the administrative completeness review time- frame. a. A notice of deficiencies shall list each deficiency and the information or items needed to complete the application. b. The administrative comp leteness review time-frame and the overall time-frame are suspended from the date that the notice of defi ciencies is sent until the date that the Department receives all of the missing information or items from the applicant or licensee. c. If an applicant or licensee fails to submit to the Department all of the information or items listed in the notice of deficiencies within 120 calendar days after the date that the De partment sent the notice of deficiencies or within a time period the applicant or licensee and the Departme nt agree upon in writing, the Department shall consid er the application with- drawn. 2. If the Department issues a license during the administra- tive completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness. C. The substantive review time-frame is set forth in Table 1.1 and begins on the date of the notice of administrative complete- ness. 1. As part of the substantive re view of an application for a license, the Department may conduct an inspection according to A.R.S. § 36-2063 that may require more than one visit to complete. 2. The Department shall send a license or a written notice of denial of a license within the substantive review time- frame. 3. During the substantive revi ew time-frame, the Depart- ment may make one comprehe nsive written request for additional information, unle ss the applicant or licensee has agreed in writing to allow the Department to submit supplemental requests for information. a. The Department shall se nd a comprehensive written request for additional info rmation that includes a written statement of deficiencies, stating each statute and rule upon which noncompliance is based, if the Department determines that an applicant or licensee, a sober living home, or the premises are not in sub- stantial compliance with A.R.S. Title 36, Chapter 18, Article 4 or this Chapter. b. An applicant or licensee shall submit to the Depart- ment all of the information requested in a compre- hensive written request for additional information or a supplemental request for information, including, if applicable, documentation of the corrections required in a statement of deficiencies, within 30 calendar days after the da te of the comprehensive written request for additional information or the sup- plemental request for information or within a time period the applicant or licensee and the Department agree upon in writing. c. The substantive review time-frame and the overall time-frame are suspended fr om the date that the Department sends a comp rehensive written request for additional information or a supplemental request for information until the date that the Department receives all of the info rmation requested, including, if applicable, documentation of corrections required in a statement of deficiencies. d. If an applicant or licensee fails to submit to the Department all of the in formation requested in a Title 9 Arizona Administrative Code 9 A.A.C. 12 CHAPTER 12. SOBER LIVING HOMES June 30, 2019 Supp. 19-2 Page 5 comprehensive written reque st for additional infor- mation or a supplemental request for information, including, if applicable , documentation of correc- tions required in a statemen t of deficiencies, within the time prescribed in subsection (C)(3)(b), the Department shall deny the application. 4. The Department shall issue a license if the Department determines that the applicant or licensee and the sober living home, including the pr emises, are in substantial compliance with A.R.S. Title 36, Chapter 18, Article 4, and this Chapter. 5. If the Department denies a license, the Department shall send to the applicant or licensee a written notice of denial setting forth the reasons for denial and all other informa- tion required by A.R.S. § 41-1076. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-107. Denial, Revocation, or Suspension of a License A. The Department may deny an application or suspend or revoke a license to operate a sober living home if: 1. An applicant or licensee do es not meet the application requirements contained in R9-12-103(A) or R9-12- 104(A), as applicable; 2. A licensee does not comply with requirements in A.R.S. Title 36, Chapter 18, Article 4, or this Chapter; 3. A licensee does not correct the deficiencies according to the plan of correction specified in R9-12-201(J)(1) by the time stated in the plan of correction; 4. An applicant or licensee provides false or misleading information as part of an application; or 5. The nature or number of vi olations revealed by any type of inspection or investigat ion of a sober living home poses a direct risk to the life, health, or safety of a resi- dent or another individual on the premises. B. In determining which action in subsection (A) is appropriate, the Department shall consider the direct risk to the life, health, or safety of a resident in the sober living home based on: 1. Repeated violations of statutes or rules, 2. Pattern of violations, 3. Types of violation, 4. Severity of violation, and 5. Number of violations. C. An applicant or licensee may appeal the Department’s deter- mination in subsection (A) according to A.R.S. Title 41, Chap- ter 6, Article 10. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). Table 1.1. Time-frames (in calendar days) Historical Note Table 1.1 made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). ARTICLE 2. SOBER LIVING HOME REQUIREMENTS R9-12-201. Administration A. A licensee of a sober living home: 1. Has the authority and res ponsibility for the management of the sober living home, including when the licensee designates another i ndividual or contra cts with a person to accomplish an action or perform a service; 2. Shall establish, in writing, th e scope of services to be pro- vided by the sober living home; 3. Shall designate, in writing, an individual, who may be the licensee, as the manager of the sober living home; and 4. Shall ensure that the knowle dge, skills, and experience of the manager and any other st aff of the sober living home are sufficient to carry out the scope of services estab- lished according to subsection (A)(2). B. A licensee shall ensure that: 1. A manager: a. Is at least 21 years of age; b. Is sober and has maintained sobriety for at least one year; c. Resides on the premises of only the one sober living home; d. Has documentation of curre nt training in cardiopul- monary resuscitation; and e. Is directly accountable to the licensee for: i. The daily operation of the sober living home; ii. Enforcing all policies and procedures, house rules, and other require ments of the sober liv- ing home; and iii. All services provided by or at the sober living home; 2. Policies and procedures are established, documented, and implemented to: a. Prevent or address any concerns or complaints from individuals living in the surrounding neighborhood by: i. Identifying an individua l for individuals living in the surrounding neighborhood to contact to discuss a concern; ii. Requiring the identifie d individual to respond to a concern or complaint, even if the issue can- not be resolved; and Type of approval Statutory authority Overall time-frame Administrative completeness review time-frame Substantive review time-frame Application for a license under R9-12-103 A.R.S. § 36-2062 90 30 60 Renewal of a license under R9-12-104 A.R.S. § 36-2062 30 10 20 Changes affecting a license, including modifications A.R.S. § 36-2062 60 30 30 9 A.A.C. 12 Arizona Administrative Code Title 9 CHAPTER 12. SOBER LIVING HOMES Page 6 Supp. 19-2 June 30, 2019 iii. Ensuring that require ments for residents and visitors related to parking, noise emanating from the sober living hom e, smoking, cleanli- ness of the public spac e near the sober living home, and loitering in front of the sober living home or near-by homes are established, known to residents, and enforced; and b. Promote the safety of the surrounding neighbor- hood, to comply with A.R.S. § 36-2062(A)(3); and 3. Policies and procedures are established, documented, and implemented to protect the health and safety of a resident that cover: a. Recordkeeping; b. Resident acceptance; c. Resident rights; d. Orientation of a resident to: i. The premises of the sober living home, ii. The resident’s ri ghts and responsibilities, iii. The prohibition of the possession of alcohol or illicit drugs at the sober living home, iv. Services offered by or coordinated through the sober living home, v. Drug and alcohol test ing practices, and vi. Expectations about food preparation and chores; e. Drug and alcohol testin g conducted by an indepen- dent testing facility certified under 42 C.F.R. 493 for the sober living home and other assessments of sobriety, including: i. The frequency of testin g or assessment, based on the residents accepted; and ii. The compounds included in the testing panel or, if applicable, an assessment methodology, based on the sober livi ng home’s scope of ser- vices and residents accepted; f. Allowing the acceptance and retention as a resident of an individual: i. Who is receiving and wi ll continue to receive medication-assisted treatment; ii. Who has a co-occurring behavioral health issue, as defined in A.A.C. R9-10-101; or iii. If included in the scope of services established according to subsection (A)(2), has a co-occur- ring medical condition; g. House meetings, including: i. Frequency; ii. Typical duration; and iii. Participation requirements, if applicable; h. The provision of services, including: i. Facilitating peer support activities; ii. If applicable, providi ng other services on the premises to support sobriety or improve inde- pendent living; iii. If applicable, coordina ting the provision of ser- vices to support sobriety provided by other per- sons; and iv. Referring a resident to other persons for the provision of services to support sobriety; i. Residents’ records, in cluding electronic records if applicable; j. The establishment, upda ting, and enforcement of house rules, including: i. If applicable, curfews; ii. Requirements related to chores, smoking, and visitors; and iii. Requirements for the st orage, security, and use of a resident’s prescription medications or over- the-counter drugs; k. Management of all monies received or spent by the sober living home, including: i. Accounting for monies received by residents; ii. Prohibiting a requirem ent for an individual or resident to sign a doc ument relinquishing the resident’s public assist ance benefits, such as medical assistance, case assistance, or supple- mental nutrition assistance program benefits, as a condition of residency; and iii. Providing copy of the re cord of the resident’s account to the resident or the resident’s repre- sentative upon request; l. Specific steps for: i. A resident to file a complaint, ii. The sober living home to respond to a resi- dent’s complaint, and iii. The prevention of retaliation against a resident who files a complaint; m. How the licensee or th e manager will respond to: i. A resident’s loss of sobriety; or ii. A resident’s sudden, intense, or out-of-control behavior to prevent ha rm to the resident or another individual; n. The provision of naloxon e, including requirements for: i. Informing the residents, the manager, and any other staff of the availability and location of the naloxone on the premises of the sober living home; ii. Providing training to th e manager and any other staff on the correct use of naloxone; and iii. Ensuring the naloxone provided is available and not beyond the listed expiration date; and o. Termination of residency, including: i. Planning for termination of residency when the services provided by the sober living home are no longer needed by a resident, including assisting the resident to find other housing; ii. Coordinating the relocation of a resident to a health care institution or another sober living home if the resident needs services outside the scope of services provi ded by the sober living home; iii. Coordinating the relo cation of a resident to another sober living home or other housing option if the resident terminates residency; and iv. Addressing factors that may negatively impact the surrounding neighborhood. C. A licensee shall: 1. Not act as a patient’s representative; and 2. Ensure that a manager, an employee, or a family member of a manager or employee does not act as a resident’s rep- resentative. D. If a manager has a reasonable basis, according to A.R.S. § 46- 454, to believe abuse or exploitation of a resident has occurred on the premises, the manager shall: 1. If applicable, take immediate action to stop the suspected abuse or exploitation; 2. Immediately report the suspec ted abuse or exploitation of the resident according to A.R.S. § 46-454; 3. Document: a. The suspected abuse or exploitation, Title 9 Arizona Administrative Code 9 A.A.C. 12 CHAPTER 12. SOBER LIVING HOMES June 30, 2019 Supp. 19-2 Page 7 b. Any action taken accord ing to subsection (D)(1), and c. The report in subsection (D)(2); and 4. Maintain the documentation in subsection (D)(3) for at least 12 months afte r the date of the report in subsection (D)(2). E. A manager shall notify: 1. A resident’s representative , family member, or other emergency contact designated by the resident according to R9-12-202(C)(2): a. Within one calendar day after: i. The resident’s death, or ii. The resident has an illness or injury that requires immediate intervention by an emer- gency medical services provider or treatment by a health care provider; and b. Within seven calendar days after the manager deter- mines that a resident is: i. Incapable of handling financial affairs, or ii. Not complying with the residency agreement; and 2. The Department, in a Department-provided format, of a resident’s death, within one working day after the resi- dent’s death, if the resident ’s death is required to be reported according to A.R.S. § 11-593. F. If a sober living home provides or arranges transportation for residents, a manager shall ensure that the vehicle used for transportation: 1. Is in good working order, and 2. Has a seat belt for each occupant of the vehicle. G. A manger shall ensure that th e following are conspicuously posted in a sober living home: 1. The license of the sober living home; 2. The name and contact info rmation for the individual or business organization contro lling the sober living home; and 3. A statement of resident’s rights, including: a. The right to file a complaint about the manager or the sober living home, b. How to file a complaint about the manager or the sober living home, and c. The phone number for the unit in the Department responsible for licensing and monitoring the sober living home. H. A licensee shall ensure that a personnel record is established for a manager and any other st aff of a sober living home that includes the individual’s: 1. Name; 2. Date of birth; 3. Contact telep hone number; and 4. Documentation of: a. Verification of skills a nd knowledge sufficient to carry out the sober living home’s scope of services; b. Training in the use of naloxone; and c. If applicable: i. Certification in cardio pulmonary resuscitation, and ii. Compliance with subsection (B)(1)(b). I. A licensee shall ensure that: 1. The manager or other staff of the sober living home is on the premises within 30 minut es after notification by the Department of the Department’s presence at the sober liv- ing home; and 2. The Department is allowed immediate access to all: a. Areas of the premises; b. Information in records pe rtaining to the sober living home or residents, except as prohibited by 42 CFR, Part 2; and c. Staff or residents of th e sober living home who are on the premises. J. If the Department notifies the licensee of noncompliance with requirements in A.R.S. Title 36, Chapter 18, Article 4, or this Chapter, the licensee shall: 1. Within 14 calendar days afte r the date of the Depart- ment’s notice of noncompliance, establish a plan of cor- rection, if applicable, for correction of a deficiency; and 2. Ensure that a deficiency listed on the plan of correction is corrected within 30 calendar days after the date of the plan of correction or within a time period the Department and the licensee agree upon in writing. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-202. Residency Agreements A. Within three calendar days before or at the time of acceptance into a sober living home, an individual requesting to be a resi- dent of the sober living home shall provide proof of sobriety to the manager of the sober living home. B. A manager shall not accept or retain an individual as a resident of a sober living home if the individual: 1. Is not at least 18 years of age, 2. Cannot provide proof of sobriety, or 3. Needs more support to maintain sobriety than is within the scope of services for the sober living home. C. Before or at the time of an i ndividual’s acceptance by a sober living home, a manager shall ensure that there is a documented residency agreement between the individual and the sober liv- ing home that includes: 1. The individual’s name; 2. The name and phone number of an emergency point of contact, which may be a fam ily member or another indi- vidual designated by the individual; 3. Information about the individual’s: a. Length of sobriety; b. History of previous re covery activities; and c. Source of referral to the sober living home, if appli- cable; 4. Terms of occupancy, including: a. Date of occupancy or e xpected date of occupancy, b. Resident respons ibilities, and c. Responsibilities of the sober living home; 5. The consequences of a loss of sobriety; 6. A description of the room for the individual to occupy; 7. A list of the services to be provided by the sober living home to a resident; 8. The fees to be charged to the individual for residency in the sober living home; 9. A list of the services avai lable from the sober living home at an additional fee or charge and the associated fees or charges; 10. The policy for refunding fees, charges, or deposits; 11. The policy and procedure for a resident to terminate resi- dency, including terminati ng residency because services were not provided to the resi dent according to the resi- dency agreement; 12. The policy and procedure for a sober living home to ter- minate residency; 13. A statement that a resident ha s a right to file a complaint about the sober living home, manager, or licensee and a description of the complaint process; 9 A.A.C. 12 Arizona Administrative Code Title 9 CHAPTER 12. SOBER LIVING HOMES Page 8 Supp. 19-2 June 30, 2019 14. A statement that a resident is expected to: a. Comply with the terms of the residency agreement and requirements established for residents according to R9-12-201(B)(2)(a)(iii) or R9-12-201(B)(3)(j); b. Maintain sobriety; and c. Participate in activities to improve life skills, sup- port independent living, and promote recovery: i. Such as a treatment program, a self-help group, or another program to support sobriety and recovery; and ii. That may include job training, school, or look- ing for a job; 15. A statement that a sober living home may not require an individual to relinquish the i ndividual’s public assistance benefits, such as medical a ssistance, case assistance, or supplemental nutrition assistance program benefits, as a condition of residency; 16. A statement that a sober li ving home must notify a family member or other emergency contact of the individual, according to R9-12-201(E)(1), if the individual: a. Dies while a resident of the sober living home, b. Has an illness or injury that requires immediate intervention by an emergenc y medical services pro- vider or treatment by a health care provider, c. Appears to be incapabl e of handling financial affairs, or d. Is not complying with the residency agreement; 17. The name and contact info rmation for the individual or business organization controlling the sober living home; 18. The signature of the indivi dual and the date signed; and 19. The manager’s signature and date signed. D. A manager shall: 1. Before or at the time of an individual’s acceptance by a sober living home, provide to the resident or resident’s representative a copy of: a. The residency agreement in subsection (C), and b. Resident’s rights; and 2. Maintain the original of th e residency agreement in sub- section (C) in the resident’s record. E. A manager may terminate residency of a resident as follows: 1. Without notice, if the resident exhibits behavior that is an immediate threat to the health and safety of the resident or other individuals in a sober living home; 2. With a seven-calendar-day written notice of termination of residency: a. For nonpayment of fees, charges, or deposit; or b. Under the conditions in subsection (B)(3); or 3. With a 14-calendar-day writ ten notice of termination of residency, for any other reason. F. A manager shall ensure that a written notice of termination of residency includes: 1. The date of notice; 2. The reason for termination of residency; 3. If termination of residency is because the re sident needs more support to maintain sobriety than is within the scope of services for the sober living home, a description of why the sober living home ca nnot meet the resident’s needs; 4. The policy for refunding fees, charges, or deposits; and 5. The deposition of a resident’s fees, charges, and deposits. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-203. Resident Rights A. A manager shall ensure that: 1. A resident is not subjected to: a. Abuse, b. Exploitation, c. Coercion, d. Manipulation, e. Sexual abuse, f. Sexual assault, or g. Retaliation for submitting a complaint to the Depart- ment or another entity; and 2. A resident or the resident’s representative is informed of and given the opportunity to ask questions about: a. The residency agreement, b. The costs associated with residency, c. The resident’s rights and responsibilities, d. The prohibition of the posse ssion of alcohol or illicit drugs at the sober living home, e. Drug and alcohol testing and other assessments of sobriety, f. The consequences of loss of sobriety, and g. The complaint process. B. A resident has the following rights: 1. Not to be discriminated ag ainst based on race, national origin, religion, gender, sexual orientation, age, disability, marital status, or diagnosis; 2. To receive services that s upport the resident’s sobriety, including, if applicable, c ontinuing to receive medica- tion-assisted treatment while a resident; 3. To have a secure place to store personal belongings, med- ications, or other personal items to deter misappropriation by another individual; 4. To be able to gain access to the sober living home at any time while a resident; 5. To have access to all area s of the sober living home’s premises, except for: a. The bedrooms and secure st orage locations of other residents, b. The bedroom and secure storage locations of the manager or other staff, and c. Areas of the sober living home used as the man- ager’s office or for storage of records or supplies for assessment of sobriety; 6. To have access to meals pr epared in the sober living home; 7. To review, upon written re quest, the resident’s own record; and 8. To receive assistance in locating another place to live if the resident’s record indicates that the resident: a. No longer needs the serv ices of a sober living home, or b. Needs more services and support to maintain sobri- ety than the sober living hom e is authorized to pro- vide. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-204. Resident Records A. A manager shall ensure that a resident record is established and maintained for each resident that includes: 1. The original of the residency agreement in R9-12-202(C); 2. The date the resident received orientation to the sober liv- ing home, as required by R9-12-205(A); 3. A copy of each drug and alcohol test performed on the resident by an independent te sting facility, including the date of the test and the test result; Title 9 Arizona Administrative Code 9 A.A.C. 12 CHAPTER 12. SOBER LIVING HOMES June 30, 2019 Supp. 19-2 Page 9 4. Any other assessments of sobriety performed on the resi- dent, including: a. The date of the assessment, b. A description of the assessment, c. The result of the assessment, and d. The name of the indivi dual conducting the assess- ment; 5. Documentation of the resident ’s attendance at and partici- pation in treatment, self-h elp groups, and other supports that promote recovery, including: a. The name or a description of the support towards recovery, and b. The date of the re sident’s attendance; 6. A current list of medications taken by the resident and the resident’s medical conditions; 7. An account of monies receiv ed from the resident and any expenditures made specific to the resident; 8. Documentation of any complaints made by or about the resident and the outcome of each complaint; 9. Documentation of any notification made according to R9- 12-201(E) about the resident; and 10. If applicable, documentation re lated to termination of res- idency, including: a. Whether termination of residency was initiated by the resident or the sober living home, b. The reason for termination of residency, c. Any assistance the resident received in locating another place to live, and d. The date the residency ended. B. A licensee shall ensure that a resident’s record is: 1. Protected from loss, damage, or unauthorized use; 2. Available for review by the re sident or the resident’s rep- resentative, within 24 hours after a request; and 3. Maintained for at least 12 months after the termination of residency. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-205. Sober Living Home Services A. Within 24 hours after an indivi dual becomes a resident of a sober living home, a licensee sh all ensure that the resident receives orientation to the sober living home and premises, according to policies and procedures, that includes: 1. The location of all exits fr om the sober living home and the route to evacuate the s ober living home in case of an emergency; 2. The location of the first-aid kit required in R9-12-206(1); 3. The use of the kitchen of the sober living home, includ- ing: a. Operation of the appliances, b. Use of food storage areas, and c. Removal of garbage and refuse; 4. The use of the washing machine and dryer; 5. The dates, time, and lo cation of house meetings; 6. The prohibition of the possess ion of alcohol or illicit drugs at the sober living home; 7. Review and discussion of sp ecific resident requirements, as applicable, such as curfews, smoking, visitors, signing in or out of the sober living home, meal preparation schedule, chore schedule, or other house rules; 8. Review and discussion of re quirements related to R9-12- 201(B)(2)(a)(iii); and 9. The information required according to R9-12- 201(B)(3)(n). B. A manager shall: 1. Conduct drug and alcohol te sting according to policies and procedures; 2. Assist a resident to identify and participate in programs to support sobriety and recovery; 3. Provide to a resident information about community resources, such as nearby bus routes, grocery stores, department stores, other plac es to obtain food or other personal items, schools, libr aries or other locations pro- viding access to computers, or other locations providing items or services a resident may need. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-206. Emergency and Safety Standards A manager shall ensure that: 1. A first aid kit is available at a sober living home sufficient to meet the needs of residents; 2. Naloxone is available and accessible to the manager, staff, and residents of the sober living home; 3. A smoke detector and, if ther e is a gas line in the sober living home, a carbon monoxide detector are installed in: a. A bedroom used by a resident, b. A hallway in a sober living home, and c. A sober living home’s kitchen; 4. The smoke de tector and, if appl icable, carbon monoxide detector in subsection (3) are: a. Either battery operated or, if hard-wired into the electrical system of the sober living home, have a back-up battery; and b. In working order; 5. A fire extinguisher that is la beled as rated at least 1A-10- BC by the Underwriters Laboratories: a. Is maintained in the sober living home’s kitchen; b. If a disposable fire extingui sher, is replaced when its indicator reaches the red zone; and c. If a rechargeable fire extinguisher: i. Is serviced at least once every 12 months, and ii. Has a tag attached to the fire extinguisher that specifies the date of the last servicing and the identification of the person who serviced the fire extinguisher; 6. An evacuation path is cons picuously posted on each hall- way of each floor of the sober living home; 7. A written evacuation plan is maintained and available for use by the manager, any other staff of the sober living home, and any resident in a sober living home; 8. An evacuation drill is conduc ted at least once every six months; and 9. A record of an evacuation dr ill required in subsection (8) is maintained for at least 12 months after the date of the evacuation drill. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2). R9-12-207. Environmental and Physical Plant Requirements A. A licensee shall ensure that a sober living home: 1. Is free of any plumbing, elec trical, ventilation, mechani- cal, chemical, or structural hazard that may result in phys- ical injury or illness to an individual or jeopardize the health or safety of a resident; 2. Has a kitchen for use by the manager and residents of the sober living home; 3. Has a living room accessible at all times to a resident; 9 A.A.C. 12 Arizona Administrative Code Title 9 CHAPTER 12. SOBER LIVING HOMES Page 10 Supp. 19-2 June 30, 2019 4. Has a dining area furnished for group meals that is acces- sible to the manager, residents, and any other individuals present in the sober living home; 5. For each five residents of the sober living home, has at least one bathroom equipped with: a. A working toilet that flushes and has a seat; b. A sink with running wa ter accessible for use by a resident; and c. A working bathtub or shower with a slip-resistant surface; 6. Has heating and cooling syst ems that maintain the sober living home at a temperature between 70° F and 84° F at all times, unless individually controlled by a resident; 7. Has a supply of hot and cold water that is sufficient to meet the personal hygiene ne eds of residents and the cleaning requirements in this Article; 8. Has a working washing machin e and dryer that is accessi- ble to a resident; and 9. Has a working telephone that is accessible to a resident. B. If the sober living home has a swimming pool, a licensee shall ensure that: 1. The swimming pool is equi pped with the following: a. An operational water circul ation system that clari- fies and disinfects the sw imming pool water contin- uously and that includes at least: i. A removable strainer, ii. Two swimming pool in lets located on opposite sides of the swimming pool, and iii. A drain located at the swimming pool’s lowest point and covered by a grating that cannot be removed without using tools; and b. An operational cleaning system; 2. The swimming pool is enclosed by a wall or fence that: a. Is at least five feet in he ight as measured on the exte- rior of the wall or fence; b. Has no vertical openings greater that four inches across; c. Has no horizontal openings, except as described in subsection (B)(2)(e); d. Is not chain-link; e. Does not have a space between the ground and the bottom fence rail that exceeds four inches in height; and f. Has a self-closing, se lf-latching gate that: i. Opens away from the swimming pool, ii. Has a latch located at least 54 inches from the ground, and iii. Is locked when the swimming pool is not in use; and 3. A life preserver or shephe rd’s crook is available and accessible in the swimming pool area. C. A licensee shall ensure that: 1. A bedroom for use by a resident: a. Is separated from a hall, corridors, or other habitable room by floor-to-ceiling walls containing no interior openings except doors and is not used as a passage- way to another bedroom or habitable room; b. Provides sufficient space for an individual in the bedroom to have unobstruc ted access to the bed- room door; c. Has at least one openable window or door to the out- side for use as an emergency exit; d. Contains for each resi dent using the bedroom: i. A separate, adult-sized, single bed or larger bed with a clean mattress in good repair; and ii. Clean bedding appropria te for the season; and e. If used for: i. Single occupancy, contai ns at least 60 square feet of floor space; or ii. Two or more residents, has an area of at least 50 square feet per resident; 2. A mirror is available to a resident for grooming; and 3. Each resident ha s individual storage space available for personal possessions and clothing. D. A manager shall ensure that: 1. A sober living home: a. Is maintained free of a condition or situation that may cause a resident or a nother individual to suffer physical injury; b. Has equipment and supplies to maintain a resident’s personal hygiene that are accessible to the resident; c. Is clean and free from accumulations of dirt, gar- bage, and rubbish; and d. Implements a pest contro l program to minimize the presence of insects and ve rmin at the sober living home; 2. An appliance, light, or ot her device with a frayed or spliced electrical cord is not used at the sober living home; 3. An electrical cord, including an extension cord, is not run under a rug or carpeting, over a nail, or from one room to another at the sober living home; 4. A resident does not share a bedroom with an individual who is not a resident; 5. A resident’s bedroom is not used to store anything other than the furniture and articles used by the resident and the resident’s belongings; 6. A resident has a lockable or other secure storage location for medications, valuables, or other personal belongings to deter misappropriation by other individuals that is accessible only by the resident and the manager; 7. If pets or animals are allo wed in the sober living home, pets or animals are: a. Controlled to prevent e ndangering the residents and to maintain sanitation; b. Licensed consistent wi th local ordinances; and c. For a dog or cat, vacc inated against rabies; 8. If a water source that is not regulated under 18 A.A.C. 4 by the Arizona Department of Environmental Quality is used: a. The water source is tested at least once every 12 months for total coliform bacteria and fecal coliform or E. coli bacteria; b. If necessary, corrective acti on is taken to ensure the water is safe to drink; and c. Documentation of testing is retained for at least 12 months after the date of the test; and 9. If a non-municipal sewage system is used, the sewage system is in working order and is maintained according to applicable state laws and rules. Historical Note New Section made by final rulemaking at 25 A.A.R. 1419, effective July 1, 2019 (Supp. 19-2).