A.R.S. § 36-422.01 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 422.01
36-422.01 Health care institutions; termination of operation; medical records; civil penalties; definition
Status: in_force

36-422.01. Health care institutions; termination of operation; medical records; civil penalties; definition

A. In addition to the requirements prescribed in section 36-422, subsection D, if a current licensee intends to terminate the operation of a licensed health care institution, the current licensee shall do one of the following before the health care institution ceases operation:

1. Provide each patient of the health care institution with the patient's medical records.

2. Transfer the health care institution's medical records to a third-party entity to ensure patient access to the medical records.

B. If a patient or a patient's health care decision maker requests access to or copies of the patient's medical records, the health care institution or third-party entity in possession of the medical records shall provide access to or copies of the medical records to the patient or the patient's health care decision maker in accordance with title 12, chapter 13, article 7.1.

C. A licensee that fails to comply with subsection A of this section is subject to a civil penalty of not more than $10,000.  The director may use a licensee's failure to comply with subsection A of this section as grounds to deny a subsequent license pursuant to section 36-425, subsection K.

D. For the purposes of this section, "medical record" has the same meaning prescribed in section 36-2201.
A.R.S. § 36-2451 — Arizona Code / Title 36 / Chapter 26 / Article 1 / Section 2451
36-2451 Definitions
Status: in_force

36-2451. Definitions

In this chapter, unless the context otherwise requires:

1. "Department" means the department of health services.

2. "Director" means the director of the department of health services.

3. "Laetrile", also known as amygdalin or vitamin B-17, means a cyano-genetic glycoside, which is processed from the seeds of certain fruits, including apricots, peaches and plums.

4. "Nutritional supplement" means any vitamin essential to, important in, or claimed to have value in human nutrition, which shall include laetrile or amygdalin, also known as vitamin B-17.
A.R.S. § 36-694 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 694
36-694 Report of blood tests; newborn screening program; committee; fee; definitions
Status: in_force

36-694. Report of blood tests; newborn screening program; committee; fee; definitions

A. When a birth or stillbirth is reported, the attending physician or other person required to report the birth shall state on the certificate whether a blood test for syphilis was made on a specimen of blood taken from the woman who bore the child or from the umbilical cord at delivery, as required by section 36-693, and the approximate date when the specimen was taken.

B. When a birth is reported, the attending physician or person who is required to report the birth shall order or cause to be ordered tests for certain congenital disorders, including hearing disorders. The results of tests for these disorders must be reported to the department of health services. The department of health services shall specify in rule the disorders, the process for collecting and submitting specimens and the reporting requirements for test results.

C. When a hearing test is performed on a newborn, the initial hearing test results and any subsequent hearing test results must be reported to the department of health services as prescribed by department rules.

D. The director of the department of health services shall establish a newborn screening program within the department to ensure that the testing for congenital disorders and the reporting of hearing test results required by this section are conducted in an effective and efficient manner. The newborn screening program shall include all congenital disorders that are included on the recommended uniform screening panel adopted by the secretary of the United States department of health and human services for both core and secondary conditions.  Except as otherwise provided in subsection E of this section, congenital disorders that are added to the core and secondary conditions list of the recommended uniform screening panel shall be added to this state's newborn screening panel within two years after their addition to the recommended uniform screening panel. The newborn screening program shall include an education program for the general public, the medical community, parents and professional groups. The director shall designate the state laboratory as the only testing facility for the program, except that the director may designate other laboratory testing facilities for conditions or tests added to the newborn screening program on or after July 24, 2014. If the director designates another laboratory testing facility for any condition or test, the director shall require the facility to follow all of the privacy and sample destruction time frames that are required of the state laboratory.

E. The two-year time frame to add disorders to this state's newborn screening panel does not apply if both:

1. There is no commercially available test method approved by the United States food and drug administration.

2. A laboratory-developed test method is used to identify the disorder and the laboratory-developed test method requires United States food and drug administration premarket review and approval or authorization.

F. In addition to the congenital disorders added to this state's newborn screening panel pursuant to subsection D of this section, the department shall add Duchenne muscular dystrophy to this state's newborn screening panel.

G. The newborn screening program shall establish and maintain a central database of newborns and infants who are tested for hearing loss and congenital disorders that includes information required in rule. Test results are confidential subject to the disclosure provisions of sections 12-2801 and 12-2802.

H. If tests conducted pursuant to this section indicate that a newborn or infant may have a hearing loss or a congenital disorder, the screening program shall provide follow-up services to encourage the child's family to access evaluation services, specialty care and early intervention services.

I. The director shall establish a committee to provide recommendations and advice to the department on at least an annual basis regarding newborn screening best practices and emerging trends.

J. The director may establish by rule a fee that the department may collect for operating the newborn screening program, including contracting for the testing pursuant to this section. The director shall present any change to the fee for the newborn screening program to the joint legislative budget committee for review.

K. Not later than sixty days after the department adjusts the newborn screening program fee established pursuant to subsection J of this section:

1. Each health insurer that is subject to title 20 shall update its hospital rates that include newborn screening to reflect the increase.

2. For the Arizona health care cost containment system and contractors acting pursuant to chapter 29, article 1 of this title that are not subject to title 20, the Arizona health care cost containment system shall update its hospital rates that include newborn screening to reflect the increase.

L. For the purposes of this section:

1. "Infant" means a child who is twenty-nine days of age to two years of age.

2. "Newborn" means a child who is not more than twenty-eight days of age.
A.R.S. § 36-797.41 — Arizona Code / Title 36 / Chapter 6 / Article 13 / Section 797.41
36-797.41 Declaration of policy; sickle cell anemia
Status: in_force

36-797.41. Declaration of policy; sickle cell anemia

A. It is the policy of this state to make every effort to detect, as early as possible, sickle cell anemia, an heritable disorder which leads to physical defects. The director has the responsibility of designating tests and regulations to be used in executing this policy. Such tests shall be in accordance with accepted medical practices.

B. In this article, "sickle cell anemia" includes all variants of sickle cell anemia.
A.R.S. § 36-2914 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2914
36-2914 Medical care consortiums; lawful trade practices
Status: in_force

36-2914. Medical care consortiums; lawful trade practices

Notwithstanding title 44, chapter 10, article 1, actions taken by providers, potential providers, contractors and other bidders in specific accordance with this article in forming consortiums or in otherwise entering into contracts to provide medical care shall be deemed to be conducted at the direction of this state and shall be considered to be lawful trade practices.
A.R.S. § 36-452 — Arizona Code / Title 36 / Chapter 4.1 / Article 1 / Section 452
36-452 Administration
Status: in_force

36-452. Administration

The provisions of this chapter shall be administered by the department of health services.
A.R.S. § 36-505 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 505
36-505 Rights at hearing
Status: in_force

36-505. Rights at hearing

At all hearings conducted pursuant to this chapter, persons shall have the right to an analysis of their psychological condition by an independent evaluator.
A.R.S. § 36-3436 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3436
36-3436 Children's behavioral health services fund; exemption; use of monies
Status: in_force

36-3436. Children's behavioral health services fund; exemption; use of monies

A. The children's behavioral health services fund is established consisting of monies appropriated to the fund, any gifts or donations to the fund and interest earned on those monies. The director shall administer the fund.

B. Monies in the fund:

1. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

2. Are continuously appropriated.

C. The administration shall enter into an agreement with one or more contractors for children's behavioral health services using monies from the children's behavioral health services fund to pay for behavioral health services for children.  To be eligible to receive behavioral health services paid by the fund, an individual must meet all of the following conditions:

1. Meet the legal age requirements for school admission under title 15 at the time the individual was admitted and be enrolled in school.

2. Be uninsured or underinsured.

3. Be referred for behavioral health services by an educational institution.

4. Have written parental consent to obtain the behavioral health services.

5. Receive the behavioral health services by a contracted licensed behavioral health provider.

6. Receive the behavioral health services on or off school grounds.

D. In addition to terms and conditions the director deems appropriate, the agreement between the administration and each contractor shall require that:

1. The monies allocated in the agreement not be used for persons who are eligible under title XIX or title XXI of the social security act.  Preference shall be given to persons with lower household incomes.

2. The contractor coordinate benefits provided under this section with any third parties that are legally responsible for the cost of services.

3. The contractor make payments to providers based on contracts with providers or, in the absence of a contract, at the capped fee schedule established by the administration.

4. The contractor submit expenditure reports monthly in a format determined by the director for reimbursement of services provided under the agreement. The agreement may also provide for additional reimbursement for administering the agreement in an amount not to exceed eight percent of the expenditures for services.

5. The administration not be held financially responsible to the contractor for any costs incurred by the contractor in excess of the monies allocated in the agreement.

E. The administration may impose cost sharing requirements on a sliding fee scale for behavioral health services provided by contractors.

F. The administration shall act as payor of last resort for persons who are eligible pursuant to this section.  On receipt of services under this section, a person is deemed to have assigned to the administration all rights to any type of medical benefit to which the person is entitled.

G. This section does not establish:

1. An entitlement for any person to receive any particular service.

2. A duty on the administration to provide services or spend monies in excess of the monies in the fund.
A.R.S. § 36-2803.02 — Arizona Code / Title 36 / Chapter 28.1 / Section 2803.02
36-2803.02 Warning labels; requirements; definitions
Status: in_force

36-2803.02. Warning labels; requirements; definitions

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 398)

A. The department shall develop a warning label that includes a statement that marijuana use may affect the health of a pregnant woman and the unborn child.  The department shall require the label to be affixed to the packaging of any medical marijuana that is dispensed by a registered nonprofit medical marijuana dispensary to a qualified patient or a designated caregiver and any marijuana or marijuana product that is sold by a marijuana establishment pursuant to chapter 28.2 of this title.

B. For the purposes of this section, "marijuana", "marijuana establishment" and "marijuana products" have the same meanings prescribed in section 36-2850.
A.R.S. § 36-630 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 630
36-630 Violation; classification
Status: in_force

36-630. Violation; classification

A person who knowingly secretes himself or others known to have a contagious or infectious disease, or a member of a board of health or an officer of a local health department who with criminal negligence fails or refuses to perform a duty, or a person who violates a provision of this article or a rule, regulation, order, instruction or measure adopted and given the required publicity by a board of health is guilty of a class 3 misdemeanor unless another classification is specifically prescribed in this article.
A.R.S. § 36-3221 — Arizona Code / Title 36 / Chapter 32 / Article 2 / Section 3221
36-3221 Health care power of attorney; scope; requirements; limitations; fiduciaries
Status: in_force

36-3221. Health care power of attorney; scope; requirements; limitations; fiduciaries

A. A person who is an adult may designate another adult individual or other adult individuals to make health care decisions on that person's behalf or to provide funeral and disposition arrangements in the event of the person's death by executing a written health care power of attorney that meets all of the following requirements:

1. Contains language that clearly indicates that the person intends to create a health care power of attorney.

2. Except as provided under subsection B of this section, is dated and signed or marked by the person who is the subject of the health care power of attorney.

3. Is notarized or is witnessed in writing by at least one adult who affirms that the notary or witness was present when the person dated and signed or marked the health care power of attorney, except as provided under subsection B, and that the person appeared to be of sound mind and free from duress at the time of execution of the health care power of attorney.

B. If a person is physically unable to sign or mark a health care power of attorney, the notary or each witness shall verify on the document that the person directly indicated to the notary or witness that the power of attorney expressed the person's wishes and that the person intended to adopt the power of attorney at that time.

C. A notary or witness shall not be any of the following:

1. A person designated to make medical decisions on the principal's behalf.

2. A person directly involved with the provision of health care to the principal at the time the health care power of attorney is executed.

D. If a health care power of attorney is witnessed by only one person, that person may not be related to the principal by blood, marriage or adoption and may not be entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed.

E. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage.  This prohibition does not apply if the person's license has been reinstated and is in good standing.
A.R.S. § 36-2062.01 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2062.01
36-2062.01 Legislative findings and intent; substantial compliance; definition
Status: in_force

36-2062.01. Legislative findings and intent; substantial compliance; definition

A. The legislature recognizes the need to protect both people who are in recovery and the public from unscrupulous and incompetent operators of sober living homes and therefore finds and determines that substantial compliance with and enforcement of the requirements prescribed in section 36-2062 are necessary and required to ensure the public health, safety and welfare.

B. For the purposes of this section, "substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of a sober living home does not pose a direct risk to the life, health or safety of the sober living home's residents.
A.R.S. § 36-3204 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3204
36-3204 Responsibilities of health care providers
Status: in_force

36-3204. Responsibilities of health care providers

A. A health care provider shall comply with health care decisions made by the patient's surrogate unless those decisions are inconsistent with the patient's health care directive as known to the provider or the provider has transferred responsibility to another provider pursuant to section 36-3205, subsection C, paragraph 1. If the directive requires provision of treatment, food or fluids that would have a significant possibility of sustaining the patient's life, the provider shall ensure the provision until the transfer is completed.

B. A health care provider has a duty to volunteer and otherwise disclose information about the patient's health status and care to the patient's surrogate to the same degree that the provider owes this duty to the patient.
A.R.S. § 36-2159 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2159
36-2159 Abortion; gestational age; violation; classification; unprofessional conduct; civil relief; statute of limitations
Status: in_force

36-2159. Abortion; gestational age; violation; classification; unprofessional conduct; civil relief; statute of limitations

A. Except in a medical emergency, a person shall not perform, induce or attempt to perform or induce an abortion unless the physician or the referring physician has first made a determination of the probable gestational age of the unborn child. In making that determination, the physician or referring physician shall make any inquiries of the pregnant woman and perform or cause to be performed all medical examinations, imaging studies and tests as a reasonably prudent physician in the community, knowledgeable about the medical facts and conditions of both the woman and the unborn child involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age.

B. Except in a medical emergency, a person shall not knowingly perform, induce or attempt to perform or induce an abortion on a pregnant woman if the probable gestational age of her unborn child has been determined to be at least twenty weeks.

C. A person who knowingly violates this section commits a class 1 misdemeanor.

D. A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.

E. In addition to other remedies available under the common or statutory law of this state, any of the following individuals may file a civil action to obtain appropriate relief for a violation of this section:

1. A woman on whom an abortion has been performed in violation of this section.

2. The father of the unborn child if the father is married to the mother at the time she received the abortion, unless the pregnancy resulted from the father's criminal conduct.

3. The maternal grandparents of the unborn child if the mother was not at least eighteen years of age at the time of the abortion, unless the pregnancy resulted from either of the maternal grandparent's criminal conduct.

F. A civil action filed pursuant to subsection E of this section shall be brought in the superior court in the county in which the woman on whom the abortion was performed resides.  Relief pursuant to this subsection includes the following:

1. Money damages for all psychological, emotional and physical injuries resulting from the violation of this section.

2. Statutory damages in an amount equal to five thousand dollars or three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

G. A civil action brought pursuant to this section must be initiated within six years after the violation occurred.

H. A woman on whom an abortion is performed or induced in violation of this section may not be prosecuted under this section or for conspiracy to commit a violation of this section.
A.R.S. § 36-330 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 330
36-330 Certificate of birth resulting in stillbirth; requirements
Status: in_force

36-330. Certificate of birth resulting in stillbirth; requirements

A. In addition to the requirements of section 36-329, the state registrar shall establish a certificate of birth resulting in stillbirth on a form approved by the state registrar for each fetal death occurring in this state after a gestational period of at least twenty completed weeks.  This certificate shall be offered to the parent or parents of a stillborn child.

B. A certificate of birth resulting in stillbirth shall meet all of the format and filing requirements for birth certificates prescribed in section 36-333.

C. The person who prepares a certificate pursuant to this section shall leave blank any references to the stillborn child's name if the stillborn child's parent or parents do not wish to provide a name for the stillborn child.

D. Notwithstanding subsections A and B of this section, the certificate of birth resulting in stillbirth shall be submitted to the designated registrar within seven days following the delivery and before the cremation or removal of the fetus from the registration district.
A.R.S. § 36-506 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 506
36-506 Civil rights not impaired; discrimination prohibited
Status: in_force

36-506. Civil rights not impaired; discrimination prohibited

A. Persons undergoing evaluation or treatment pursuant to this chapter shall not be denied any civil right, including but not limited to, the right to dispose of property, sue and be sued, enter into contractual relationships and vote. Court-ordered treatment or evaluation pursuant to this chapter is not a determination of legal incompetency, except to the extent provided in section 36-512.

B. A person who is or has been evaluated or treated in an agency for a mental disorder shall not be discriminated against in any manner, including but not limited to:

1. Seeking employment.

2. Resuming or continuing professional practice or previous occupation.

3. Obtaining or retaining housing.

4. Obtaining or retaining licenses or permits, including but not limited to, motor vehicle licenses, motor vehicle operators and chauffeurs licenses and professional or occupational licenses.

C. "Discrimination" for purposes of this section means any denial of civil rights on the grounds of hospitalization or outpatient care and treatment unrelated to a person's present capacity to meet the standards applicable to all persons. Applications for positions, licenses and housing shall contain no requests for information which encourage such discrimination.

D. Upon discharge from any treatment or evaluation agency, the patient shall be given written notice of the provisions of this section.
A.R.S. § 36-2067 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2067
36-2067 Department; annual report
Status: in_force

36-2067. Department; annual report

A. On or before January 31 of each year, the department shall submit to the senate health and human services committee and the house of representatives health committee, or their successor committees, a report on licensed and unlicensed sober living homes in this state that includes:

1. The number of licensed sober living homes in each city, town and county.

2. The number of sober living homes that are licensed each year.

3. The number of complaints against licensed sober living homes received by the department each year.

4. The number of complaints against licensed sober living homes investigated by the department or its third-party contractor each year.

5. The number of enforcement actions taken by the department against licensed sober living homes each year.

6. The number of complaints against residences, places, dwelling units or other premises suspected of being unlicensed sober living homes.

7. The number of investigations resulting from complaints against unlicensed sober living homes, including how many of those investigated met the legal requirements for sober living home licensure and how the department took action on its findings.

8. The number of enforcement actions taken by the department against unlicensed sober living homes each year.

B. The department shall provide a copy of the report submitted pursuant to subsection A of this section to the secretary of state.
A.R.S. § 36-3101 — Arizona Code / Title 36 / Chapter 31 / Article 1 / Section 3101
36-3101 Definitions
Status: in_force

36-3101. Definitions

In this chapter, unless the context otherwise requires:

1. "Department" means the department of economic security.

2. "Program administrator" has the same meaning prescribed in section 36-3001.
A.R.S. § 36-2225 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2225
36-2225 Statewide emergency medical services and trauma system; definitions
Status: in_force

36-2225. Statewide emergency medical services and trauma system; definitions

A. The department shall develop and administer a statewide emergency medical services and trauma system to implement the Arizona emergency medical services and trauma system plan.  The department shall adopt rules to establish standards for the following:

1. Injury prevention activities to decrease the incidence of trauma and decrease the societal cost of preventable mortality and morbidity.

2. Public access to prehospital emergency medical services.

3. A statewide network of trauma centers that provide trauma care and to which trauma patients can be transported.

4. A trauma center designation and dedesignation process for health care institutions that provide trauma care.  The department may adopt rules that:

(a) Allow for designation based on:

(i) A health care institution’s verification as a trauma facility by a national verification organization.

(ii) A determination by a national verification organization that a health care institution meets the state standards established by rule for designation as a trauma center.

(iii) A determination by the department that a health care institution meets the state standards established by rule for designation as a trauma center.

(b) Require that trauma centers submit data to the trauma registry.

5. Trauma system evaluation and quality review through the collection and analysis of data.

6. Protection of confidential patient care and trauma registry information.

B. For the purposes of this section:

1. "National verification organization" means the American college of surgeons committee on trauma or other nationally recognized organization that verifies the ability of health care institutions to provide trauma services at various levels.

2. "Trauma center" means a health care institution that is designated pursuant to rules adopted by the department to provide a specific level of trauma care.
A.R.S. § 36-1483 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1483
36-1483 Construction of bond provisions
Status: in_force

36-1483. Construction of bond provisions

This article, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds under section 36-1481. Notwithstanding any other law to the contrary, bonds authorized under section 36-1481 shall not be subject to the provisions of any other law or charter relating to the issuance or sale of bonds.
A.R.S. § 36-2209 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2209
36-2209 Powers and duties of the director
Status: in_force

36-2209. Powers and duties of the director

A. The director shall:

1. Appoint and define the duties and prescribe the terms of employment of all employees of the bureau.

2. Adopt rules necessary for the operation of the bureau and for carrying out the purposes of this chapter.

3. Cooperate with and assist the personnel of emergency receiving facilities and other health care institutions in preparing a plan to be followed by these facilities and institutions in the event of a major disaster.

4. Cooperate with the state director of emergency management when a state of emergency or a state of war emergency has been declared by the governor.

B. The director may:

1. Request the cooperation of utilities, communications media and public and private agencies to aid and assist in the implementation and maintenance of a statewide emergency medical services system.

2. Enter into contracts and agreements with any local governmental entity, agency, facility or group that provides a similar program of emergency medical services in a contiguous state.

3. Enter into contracts and agreements for the acquisition and purchase of any equipment, tools, supplies, materials and services necessary in the administration of this chapter.

4. Enter into contracts with emergency receiving facilities, governmental entities, emergency rescue services and ambulance services, and the director may establish emergency medical services, including emergency receiving facilities, if necessary to assure the availability and quality of these services.

5. Accept and expend federal funds and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter. These funds do not revert to the state general fund at the close of a fiscal year.

6. Establish an emergency medical services notification system that uses existing telephone communications networks.

7. Contract with private telephone companies for the establishment of a statewide emergency reporting telephone number.

8. Authorize the testing entity to collect fees determined by the director. In determining fees for testing entities the director shall consider the fees required by national certification organizations.
A.R.S. § 36-2511 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2511
36-2511 Nomenclature
Status: in_force

36-2511. Nomenclature

(L21, Ch. 61, sec. 12)

The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516 and 36-2517 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated.
A.R.S. § 36-3809 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3809
36-3809 Health care providers; duty to maintain medical records; civil immunity
Status: in_force

36-3809. Health care providers; duty to maintain medical records; civil immunity

A. A health care provider participating in a health information organization is responsible for maintaining the provider's own medical records pursuant to title 12, chapter 13, article 7.1.

B. Participation in a health information organization does not impact the content, use or disclosure of medical records or information contained in medical records that are held in locations other than the health information organization.

C. This chapter does not limit, change or otherwise affect a health care provider's right or duty to exchange medical records or information contained in medical records in accordance with applicable law.

D. A health information organization is not liable for damages in any civil action for any of the following:

1. Inaccurate or incomplete health information that is provided by third parties and that is accessible through the health information organization.

2. Another person's use or disclosure of health information through the health information organization.

3. The use or disclosure of health information that is made in good faith pursuant to this article or as otherwise provided by law. The health information organization is presumed to have acted in good faith.  This presumption may be rebutted by clear and convincing evidence.

E. Subsection D of this section does not preclude liability for that portion of any damages resulting from intentional misconduct or gross negligence by a health information organization.
A.R.S. § 36-2804.04 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804.04
36-2804.04 Registry identification cards
Status: in_force

36-2804.04. Registry identification cards

(Caution:  1998 Prop. 105 applies)

A. Registry identification cards for qualifying patients and designated caregivers shall contain all of the following:

1. The name, address and date of birth of the cardholder.

2. A statement of whether the cardholder is a qualifying patient or a designated caregiver.

3. The date of issuance and expiration date of the registry identification card.

4. A random twenty-digit alphanumeric identification number containing at least four numbers and at least four letters that is unique to the cardholder.

5. If the cardholder is a designated caregiver, the random identification number of the registered qualifying patient the designated caregiver is assisting.

6. A photograph of the cardholder.

7. A clear indication of whether the cardholder has been authorized by this chapter to cultivate marijuana plants for the qualifying patient's medical use.

8. A warning to pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report.

B. Registry identification cards for nonprofit medical marijuana dispensary agents shall contain the following:

1. The name, address and date of birth of the nonprofit medical marijuana dispensary agent.

2. A statement that the cardholder is a nonprofit medical marijuana dispensary agent.

3. The legal name of the registered nonprofit medical marijuana dispensary with which the nonprofit medical marijuana dispensary agent is affiliated.

4. A random twenty-digit alphanumeric identification number that is unique to the cardholder.

5. The date of issuance and expiration date of the registry identification card.

6. A photograph, if the department decides to require one.

C. If the registry identification card of either a qualifying patient or the patient's designated caregiver does not state that the cardholder is authorized to cultivate marijuana plants, the department must give written notice to the registered qualifying patient, when the qualifying patient's registry identification card is issued, of the name and address of all registered nonprofit medical marijuana dispensaries.
A.R.S. § 36-420 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 420
36-420 Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; definition
Status: in_force

36-420. Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; definition

A. Each health care institution and the health care institution's respective employees have an affirmative duty of care for their residents as prescribed in subsection B of this section.

B. Each health care institution:

1. Shall initiate cardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services, to a resident who is nonresponsive or has a cessation of normal respiration. The cardiopulmonary resuscitation shall be in accordance with that resident's advance directives, if known. Staff who are certified in cardiopulmonary resuscitation shall be available at all times.

2. Shall provide appropriate first aid in accordance with its certification training for first aid before the arrival of emergency medical services to a resident who is in distress and to a noninjured resident who has fallen, appears to be uninjured and is unable to reasonably recover independently. The first aid shall be in accordance with the resident's advance directives, if known. Staff who are certified in first aid shall be available at all times.

3. May not have, establish or implement policies that prevent employees from providing appropriate cardiopulmonary resuscitation and first aid.

C. A health care institution that renders cardiopulmonary resuscitation or first aid as described in subsection B of this section is not liable for any civil damages as the result of any act or omission by the person rendering such care. This liability exclusion applies only if the cardiopulmonary resuscitation or first aid is rendered in good faith and consistent with cardiopulmonary resuscitation or first aid certification standards, as applicable. This liability exclusion does not apply to a person who acts with gross negligence while rendering care.

D. A person who in good faith renders first aid to a person who has fallen is not liable for any civil damages as the result of any act or omission by the person rendering the first aid to the fallen person, unless the person acted with gross negligence while rendering the first aid, if the person rendering aid acted under any of the following circumstances:

1. At the direction of the emergency dispatch operator.

2. To prevent further imminent and serious injury to the fallen person.

3. The fallen person appeared to be uninjured, stated that the person was not injured and requested assistance.

E. The department shall enforce this section consistent with the centers for medicare and medicaid services regulations for health care institutions that are subject to those regulations.

F. For the purposes of this section, "health care institution" means an assisted living center, an assisted living facility, an assisted living home, hospice, a nursing care institution or a residential care institution that is licensed pursuant to this chapter.
A.R.S. § 36-208 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 208
36-208 Employees; compensation
Status: in_force

36-208. Employees; compensation

A. Except as otherwise provided by this article, the director shall employ all employees of the state hospital. The director may employ necessary medical consultants on recommendation of the superintendent. The director may permit members of the medical staff to act as consultants in psychiatry.

B. Subject to the laws of this state governing state personnel administration, the superintendent may discharge an employee for cause.  An employee so discharged, on request, may have the reasons for the discharge reviewed and determined by the director. The superintendent shall file a written report with the director of each discharge setting forth the reasons for the discharge.

C. The compensation of employees of the state hospital shall be as determined pursuant to section 38-611.
A.R.S. § 36-574 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 574
36-574 Children's autism services; contract
Status: in_force

36-574. Children's autism services; contract

A. Subject to legislative appropriation, in addition to any existing autism services, the department may provide children's autism services through the division of developmental disabilities to serve children who have, or who are at risk of having, autism by entering into a contract with any organization for training and oversight of habilitation workers to utilize intensive behavioral treatment through applied behavioral analysis.

B. Subject to legislative appropriation, in addition to any existing autism services, the department may provide children's autism services to serve children who have, or who are at risk of having, autism by entering into contracts with the following providers for the following services:

1. An established firm that specializes in autism services and related disorders and that employs at least five nationally board certified behavior analysts, one of whom is a state-licensed psychologist.  The contract shall be for services that are for children who begin treatment before they reach five years of age and that utilize techniques of discrete trial and natural environment intensive behavioral treatment through applied behavioral analysis.

2. An autism and research firm that is based in this state and that has raised at least fifteen million dollars of private sector monies.  The contract shall be for providing toddlers with autism services that utilize intensive early intervention.
A.R.S. § 36-206 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 206
36-206 Duties of superintendent; clinical assessment
Status: in_force

36-206. Duties of superintendent; clinical assessment

A. The director has charge of the state hospital and the superintendent shall supervise and direct its activities, subject to the provisions of law and approval of the director. The superintendent is directly responsible to the director for carrying out the purposes for which the hospital is maintained. Subject to the approval of the director, the superintendent may deputize any qualified officer of the state hospital to do or perform any act the superintendent is empowered to do or charged with the responsibility of doing by law.

B. The superintendent in December each year shall estimate the probable daily per capita cost of treatment and maintenance of each category of patients for the next ensuing year as determined in accordance with standard accounting practices. A statement of the estimate shall be provided to the director in January of the following year.

C. The superintendent, on request, shall provide to the director a clinical assessment of the state hospital's programs.

D. On or before August 1 of each year, the director shall establish maximum funded capacity and a percentage allocation formula for forensic and civil bed capacity at the Arizona state hospital based on census data collected pursuant to sections 13-3992, 13-4512, 36-202.01 and 36-503.03.  By June 1 of each year, the director shall solicit and consider the recommendations of representatives of the county board of supervisors, the Arizona prosecuting attorneys' advisory council and the superior court when establishing this formula. In addition to establishing the formula, the director, the county board of supervisors, the Arizona prosecuting attorneys' advisory council and the superior court shall develop a contingency plan for the placement of patients subject to sections 13-3992, 13-4512, 36-202.01 and 36-503.03 in times of emergency and other unforeseen circumstances. The director shall notify the governor, the president of the senate, the speaker of the house of representatives and the chairperson of each county board of supervisors of the funded capacity and allocation formula for the current fiscal year.  Thirty days before the notification of the forensic and civil bed funded capacity formula, the director shall provide this information to the representatives of the county board of supervisors, the Arizona prosecuting attorneys' advisory council and the superior court for comment. The director shall include these comments when issuing the formula.
A.R.S. § 36-2999.56 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.56
36-2999.56 Modifications
Status: in_force

36-2999.56. Modifications

(Rpld. 10/1/31)

The administration may modify the categories of facilities exempt from the quality assessment and the rate adjustment provisions of this article if this is necessary to obtain and maintain approval by the centers for medicare and medicaid services and if the modification is consistent with purposes of this article.
A.R.S. § 36-2453 — Arizona Code / Title 36 / Chapter 26 / Article 1 / Section 2453
36-2453 Inspection of premises; violation; injunction
Status: in_force

36-2453. Inspection of premises; violation; injunction

A. The department shall periodically inspect each location in which laetrile is manufactured, prepared and packaged in this state to verify compliance with sanitary standards.

B. Upon determining that a violation of sanitary standards has occurred at a location in which laetrile is manufactured, prepared or packaged, the director shall request the attorney general to seek an injunction in superior court to close the location until compliance with sanitary standards is ensured.
A.R.S. § 36-420.01 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 420.01
36-420.01 Health care institutions; fall prevention and fall recovery; training programs; definition
Status: in_force

36-420.01. Health care institutions; fall prevention and fall recovery; training programs; definition

A. Each health care institution shall develop and administer a training program for all staff regarding fall prevention and fall recovery. The training program shall include initial training and continued competency training in fall prevention and fall recovery. A health care institution may use information and training materials from the department's Arizona falls prevention coalition in developing the training program.

B. For the purposes of this section, "health care institution" has the same meaning prescribed in section 36-420.
A.R.S. § 36-1151 — Arizona Code / Title 36 / Chapter 9 / Article 5 / Section 1151
36-1151 Definition of blood services
Status: in_force

36-1151. Definition of blood services

The procurement, processing, distribution, or use of whole human blood, plasma, blood products and blood derivatives for the purpose of injecting or transfusing them into the human body shall be construed as to the transmission of serum hepatitis to be the rendition of a service by every person participating therein and shall not be construed to be a sale.
A.R.S. § 36-1163 — Arizona Code / Title 36 / Chapter 9 / Article 6 / Section 1163
36-1163 Funding
Status: in_force

36-1163. Funding

The department of health services shall allocate to the poison and drug information center any monies appropriated to the department of health services for the center or the Arizona poison control system.
A.R.S. § 36-881 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 881
36-881 Definitions
Status: in_force

36-881. Definitions

In this article, unless the context otherwise requires:

1. "Child" means any person through the age of fourteen years.  Child also means a person who is under eighteen years of age if the child has a developmental disability as defined in section 36-551 or has at least one of the disabilities listed in section 15-761, paragraph 2 and requires special education as defined in section 15-761.

2. "Child care" means the care, supervision and guidance of a child or children, unaccompanied by a parent, guardian or custodian, on a regular basis, for periods of less than twenty-four hours per day, in a place other than the child's or the children's own home or homes.

3. "Child care facility" means any facility in which child care is regularly provided for compensation for five or more children not related to the proprietor.

4. "Controlling person" means a person who:

(a) Through ownership, has the power to vote at least ten per cent of the outstanding voting securities.

(b) If the applicant or licensee is a partnership, is the general partner or a limited partner who holds at least ten per cent of the voting rights of the partnership.

(c) If the applicant or licensee is a corporation, an association or a limited liability company, is the president, the chief executive officer, the incorporator, an agent or any person who owns or controls at least ten per cent of the voting securities.

(d) Holds a beneficial interest in ten per cent or more of the liabilities of the applicant or the licensee.

5. "Department" means the department of health services.

6. "Director" means the director of the department of health services.

7. "Person" means an individual, partnership, corporation, limited liability company, association, day nursery, nursery school, day camp, kindergarten, child care agency, school governing board, charter school or child care center that operates a child care facility.

8. "Substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of an applicant for licensure or a licensed child care facility does not pose a direct risk to the life, health or safety of children.
A.R.S. § 36-1939 — Arizona Code / Title 36 / Chapter 17 / Article 3 / Section 1939
36-1939 Civil penalties; enforcement
Status: in_force

36-1939. Civil penalties; enforcement

A. The director may impose a civil penalty of not more than five hundred dollars for a violation of this chapter or a rule adopted pursuant to this chapter.

B. The attorney general and the county attorney may bring an action in the name of this state to enforce civil penalties imposed pursuant to this section. Actions shall be brought in the superior court in the county where the violation occurs.

C. The director may impose penalties assessed pursuant to this section in addition to other penalties imposed pursuant to this chapter.

D. All monies collected from civil penalties collected for violation of this chapter or a rule adopted pursuant to this chapter shall be deposited in the state general fund.
A.R.S. § 36-903 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 903
36-903 Food standards
Status: in_force

36-903. Food standards

When the director determines that such action will promote honesty and fair dealing in the interest of consumers, the director shall promulgate regulations establishing for any food or class of food a reasonable definition and standard of identity, or reasonable standard of quality or fill of container or any combination thereof. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted, the director may designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act. The director shall not establish standards for any food or class of food regulated for any other state agency.
A.R.S. § 36-2970.02 — Arizona Code / Title 36 / Chapter 29 / Article 2.1 / Section 2970.02
36-2970.02 Provision of care
Status: in_force

36-2970.02. Provision of care

A. Except as otherwise provided in the minor child's plan of care, a parent may provide attendant care services and habilitation services under the program only between 6:00 a.m. and 10:00 p.m.

B. A parent may be employed by only a single agency to provide attendant care services and habilitation services under the program.
A.R.S. § 36-573 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 573
36-573 Annual report; group home incident reports; contracts
Status: in_force

36-573. Annual report; group home incident reports; contracts

On or before January 1 each year, the department of economic security shall provide an annual report to the chairpersons of the health and human services committees of the senate and the house of representatives, or their successor committees, the directors of the Arizona health care cost containment system and the department of health services and the designated entity conducting the developmental disabilities group home monitoring program pursuant to section 36-595.03 and shall provide a copy of the report to the secretary of state.  The report shall include at least the following information:

1. The number of incident reports that were received from group homes in the preceding two years:

(a) Categorized by level of severity.

(b) That resulted in any type of contract sanction.

(c) That involved medication errors.  The report shall include the total number of times medication was distributed to clients.

(d) That resulted in changes to a behavioral treatment plan.

(e) That required additional staff training mandated by the division after review of the incident report.

(f) That involved law enforcement.

(g) Aggregated by service provider and individual group home without identifying the specific location or name of the home.

2. With respect to group home contracts and expenditures:

(a) The number of group home contracts by service provider.

(b) For each group home contract, the annual amount the division paid the service provider for the group home services provided.

(c) The cost per client by service provider.

(d) The number of any type of contract sanction broken down by reason for the sanction.

(e) The number of service providers from whom the division recouped payments for group home services in the preceding year for medicaid fraud.

3. The number of medicaid fraud investigations of service providers of group home services.
A.R.S. § 36-567 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 567
36-567 Music therapists; minimum qualifications; definition
Status: in_force

36-567. Music therapists; minimum qualifications; definition

A. The division shall require qualifications for persons who provide music therapy services through a contract to persons with developmental disabilities.  At a minimum these qualifications shall require current certification by a national certification board for music therapists. The division shall identify the services provided by music therapists who meet these qualifications as music therapy.

B. For the purposes of this section, "music therapy" means implementing habilitation goals through clinical and evidence-based music therapy interventions to accomplish individualized goals and the services that are consistent with the overall individual program plan established by the planning team.
A.R.S. § 36-436 — Arizona Code / Title 36 / Chapter 4 / Article 3 / Section 436
36-436 Filing and review of rates and rules as prerequisite to operation
Status: in_force

36-436. Filing and review of rates and rules as prerequisite to operation

A. A new hospital or nursing care institution shall not engage in business within this state until there is filed a schedule of its rates and charges and rules that relate to those rates and charges with the director for the director's review. The schedules of rates and charges shall be in the form and contain information prescribed by the director.

B. The director shall adopt or establish reasonable guidelines for review of rates and charges for hospital or nursing care institutions. Those health care institutions which are classified by the director as hospitals pursuant to section 36-405, subsection B shall use the current edition of the statement on the financial requirements of health care institutions and services, as adopted by the American hospital association, or amended editions thereof if applicable, as a guide for establishing hospital rates and charges.

C. After a hospital or nursing care institution files the schedule required under subsection A of this section, the director shall promptly review the schedule within sixty days and publish information on gross charges based on that schedule.
A.R.S. § 36-3407 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3407
36-3407 Services; contract
Status: in_force

36-3407. Services; contract

The administration shall contract for the provision of the following services relating to the seriously mentally ill:

1. Community education to increase public awareness of the needs of persons experiencing behavioral health problems.

2. Coordinated screening and intake.

3. A coordinated service delivery system.

4. Coordinated case management and individualized treatment planning for each client.

5. Ongoing family participation in the planning for and selection of continuum of care services.

6. A comprehensive continuum of care services, as appropriate for each client, that includes the following:

(a) Home-based services.

(b) Prevention and early intervention.

(c) Psychiatric evaluation and consultation.

(d) Ancillary support services.

(e) Crisis intervention, including short-term and mobile crisis stabilization.

(f) Outpatient counseling.

(g) Residential treatment services.

(h) Case management.

(i) Partial care services.

(j) Secure residential treatment services.

(k) Residential treatment services for clients discharged from the Arizona state hospital.

(l) Hospitalization services.

(m) Psychotropic medication services.

(n) Independent living services.

(o) Detoxification services.

(p) Respite care.

(q) Vocational rehabilitation.

(r) Transportation.

(s) Socialization and recreation.
A.R.S. § 36-883 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 883
36-883 Standards of care; rules; classifications
Status: in_force

36-883. Standards of care; rules; classifications

A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well-being of the children to be cared for in a child care facility. These rules shall include standards for the following:

1. Adequate physical facilities for the care of children, such as building construction, fire protection, sanitation, sleeping facilities, isolation facilities, toilet facilities, heating, ventilation, indoor and outdoor activity areas and, if provided by the facility, transportation safely to and from the premises.

2. Adequate staffing per number and age groups of children by persons who are qualified by education or experience to meet their respective responsibilities in the care of children.

3. Activities, toys and equipment to enhance the development of each child.

4. Nutritious and well-balanced food.

5. Encouragement of parental participation.

6. Exclusion of any person from the facility whose presence may be detrimental to the welfare of children.

B. The department shall adopt rules pursuant to title 41, chapter 6 and section 36-115.

C. Any rule that relates to educational activities, physical examination, medical treatment or immunization shall include appropriate exemptions for children whose parents object on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent or child is an adherent or member.

D. The department of health services shall conduct a comprehensive review of its rules at least once every two years. Before conducting this review, the department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children, including:

1. The department of economic security.

2. The department of education.

3. The office of the state fire marshal.

4. The league of Arizona cities and towns.

5. Citizen groups.

6. Licensed child care facility representatives.

7. The department of child safety.

E. The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered. These classifications shall include:

1. Facilities offering infant care.

2. Facilities offering specific educational programs.

3. Facilities offering evening and nighttime care.

F. Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule.
A.R.S. § 36-153 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 153
36-153 Authority to contract for services and fees
Status: in_force

36-153. Authority to contract for services and fees

The department may enter into contracts with any governmental or private agency, or with any person, whereby the department agrees to render such home health services to or for such agency or person in exchange for a fee to cover the cost of rendering such services.
A.R.S. § 36-3803 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3803
36-3803 Individual right to opt out of health information organizations
Status: in_force

36-3803. Individual right to opt out of health information organizations

Except as otherwise provided in state or federal law, an individual has the right to opt out of having the individual's individually identifiable health information accessible through a health information organization by providing notice as explained in the health information organization's notice of health information practices. If an individual provides a notice of opt out to a health care provider, the health care provider must promptly provide that notice to the health information organization in the manner provided in the health information organization's policies. A decision to opt out of having individually identifiable health information accessible through the health information organization may be changed by an individual at any time by providing notice as explained in the health information organization's notice of health information practices. Individuals who previously elected to opt out of having a particular health care provider's data accessible through the health information organization will be treated by the health information organization as having elected to opt out under this section within ninety days after August 27, 2019.
A.R.S. § 36-2906.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2906.01
36-2906.01 Qualified commercial carriers; administration; contracts
Status: in_force

36-2906.01. Qualified commercial carriers; administration; contracts

A. Entities, including insurers as defined in section 20-104, hospital, medical, dental and optometric service corporations as defined in title 20, chapter 4, article 3 and health care services organizations as defined in section 20-1051, are prohibited from contracting with the administration as a system contractor unless the entity establishes an affiliated corporation whose only authorized business is to provide services or coverage pursuant to a contract with the administration to persons defined as eligible in section 36-2901, paragraph 6, subdivisions (a), (f) and (g).

B. If there is an insufficient number of, or an inadequate member capacity in, contracts awarded to contractors, the director may request that the director of the department of insurance and financial institutions grant a temporary exemption from the requirements of subsection A of this section for an entity regulated by the department of insurance and financial institutions, and otherwise qualified to be a system health plan, in order for that entity to enter into an arrangement with the administration to provide services to persons defined as eligible in section 36-2901, paragraph 6, subdivisions (a), (f) and (g). On a written request from the administration, the director of the department of insurance and financial institutions may grant a onetime exemption to an entity for a period not to exceed one year. During the temporary exemption, the entity must comply with all applicable provisions of both this article and the applicable chapter or article of title 20 under which the entity is licensed to operate.

C. With respect to entities that have been granted an exemption pursuant to subsection B of this section, the provisions of section 36-2903, subsection M, relating to the direct operation of a provider, shall not apply.  If the director determines that the operations of the entity would otherwise meet the circumstances specified in contract under which the administration could operate the entity directly or that the public health, safety or welfare require emergency action relative to the entity, the director shall notify the director of the department of insurance and financial institutions and may request that the department of insurance and financial institutions take appropriate actions.
A.R.S. § 36-450.02 — Arizona Code / Title 36 / Chapter 4 / Article 11 / Section 450.02
36-450.02 Nonretaliatory policy; definition
Status: in_force

36-450.02. Nonretaliatory policy; definition

A. Each health care institution that is licensed pursuant to this chapter shall adopt a policy that prohibits retaliatory action against a health professional who in good faith:

1. Makes a report to the health care institution pursuant to the requirements of section 36-450.01.

2. Having provided the health care institution a reasonable opportunity to address the report, provides information to a private health care accreditation organization or governmental entity concerning the activity, policy or practice that was the subject of the report.

B. A third-party contractor of a health care institution may not take retaliatory action as proscribed in this section.

C. This section does not prohibit a health care institution that is licensed pursuant to this chapter from taking action against a health professional for a purpose that is not related to a report filed pursuant to section 36-450.01.

D. Except as provided in section 23-1501, subsection A, paragraph 3, subdivisions (a) and (c), this section shall be enforced only through the provisions of this chapter.

E. There is a rebuttable presumption that any termination or other adverse action that occurs more than six months after the date of a report made pursuant to either subsection A, paragraph 1 or 2 of this section is not a retaliatory action.

F. For the purposes of this section, "third-party contractor" means an entity that contracts with a health care institution to provide health care services in the health care institution by contracting or hiring health professionals.
A.R.S. § 36-804 — Arizona Code / Title 36 / Chapter 7 / Article 1 / Section 804
36-804 Notice of bodies for burial at public expense; delivery
Status: in_force

36-804. Notice of bodies for burial at public expense; delivery

Every public officer, agent and servant of the state, and every county, city, town and public institution supported in whole or in part at public expense, having in his or its possession a dead human body for burial at public expense, shall notify the department within twenty-four hours after obtaining the body, and, upon instruction from the department, to deliver such body without fee or reward to the institution or person designated by the department.
A.R.S. § 36-765.07 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.07
36-765.07 Public contracts; no preference
Status: in_force

36-765.07. Public contracts; no preference

This state and political subdivisions of this state may not provide a preference in awarding a public contract for services provided by a certified community health worker or an entity that employs certified community health workers.
A.R.S. § 36-1905 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1905
36-1905 Sponsors; duties
Status: in_force

36-1905. Sponsors; duties

A. A sponsor shall directly train and supervise a temporary licensee. The director shall prescribe by rule a reasonable number of hours of training and supervision required. A sponsor may not sponsor more than two temporary licensees at one time.

B. A sponsor and the temporary licensee are equally liable for violations of this chapter and rules adopted pursuant to this chapter that are committed by the temporary licensee.

C. A sponsor who violates this section is subject to disciplinary action as prescribed pursuant to section 36-1934.
A.R.S. § 36-2272 — Arizona Code / Title 36 / Chapter 22 / Article 1 / Section 2272
36-2272 Consent of parent required for mental health screening or treatment of minors; exception; violation; classification; definition
Status: in_force

36-2272. Consent of parent required for mental health screening or treatment of minors; exception; violation; classification; definition

A. Except as otherwise provided by law or a court order, no person, corporation, association, organization or state-supported institution, or any individual employed by any of these entities, may procure, solicit to perform, arrange for the performance of or perform mental health screening in a nonclinical setting or mental health treatment on a minor without first obtaining the written or oral consent of a parent or a legal custodian of the minor child. If the parental consent is given through telehealth, the health professional must verify the parent's identity at the site where the consent is given.

B. This section does not apply when an emergency exists that requires a person to perform mental health screening or provide mental health treatment to prevent serious injury to or save the life of a minor child.

C. A person who violates this section is guilty of a class 1 misdemeanor.

D. For the purposes of this section, "parent" means the parent or legal guardian of a minor child.
A.R.S. § 36-2801.01 — Arizona Code / Title 36 / Chapter 28.1 / Section 2801.01
36-2801.01 Addition of debilitating medical conditions
Status: in_force

36-2801.01. Addition of debilitating medical conditions

(Caution:  1998 Prop. 105 applies)

The public may petition the department to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2801, paragraph 3.  The department shall consider petitions in the manner required by department rule, including public notice and hearing.  The department shall approve or deny a petition within one-hundred-eighty days of its submission.  The approval or denial of a petition is a final decision of the department subject to judicial review pursuant to title 12, chapter 7, article 6.  Jurisdiction and venue are vested in the superior court.
A.R.S. § 36-2992 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2992
36-2992 Duty to report fraud or abuse; immunity; unprofessional conduct
Status: in_force

36-2992. Duty to report fraud or abuse; immunity; unprofessional conduct

A. All contractors and noncontracting providers shall advise the director or the director's designee immediately in a written report of any cases of suspected fraud or abuse. The director shall review the report and conduct a preliminary investigation to determine if there is a sufficient basis to warrant a full investigation. If the findings of a preliminary investigation give the director reason to believe that an incident of fraud or abuse has occurred, the matter shall be referred to the attorney general.

B. Any person making a complaint or furnishing a report, information or records in good faith pursuant to this section is immune from any civil liability by reason of that action unless that person has been charged with or is suspected of the reported fraud or abuse.

C. Any health care provider who fails to report pursuant to this section commits an act of unprofessional conduct and is subject to disciplinary action by the provider's licensing board or department.
A.R.S. § 36-1420 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1420
36-1420 Acceptance of federal aid
Status: in_force

36-1420. Acceptance of federal aid

A. In addition to the powers conferred on a political subdivision of this state by other provisions of this article, a public housing authority, city, town or county may borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, and, to these ends, comply with such conditions, trust indentures, leases or agreements as are necessary, convenient or desirable.

B. This article authorizes every public housing authority, city, town or county to do all things that are consistent with this article and that are or may be necessary, convenient or desirable to secure the financial aid or cooperation of the federal government in the undertaking, acquisition, construction, maintenance or operation of any housing project of the public housing authority, city, town or county.
A.R.S. § 36-1477 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1477
36-1477 Interest of public officials, commissioners or employees in project prohibited
Status: in_force

36-1477. Interest of public officials, commissioners or employees in project prohibited

A. A public official of a municipality, commissioner or employee of a housing authority or slum clearance and redevelopment commission to which the powers of a municipality have been delegated pursuant to this article shall not voluntarily acquire any interest, direct or indirect, in a redevelopment project or in any property included or planned to be included in a redevelopment project of the municipality or in any contract or proposed contract in connection with a redevelopment project. If an acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and the disclosure shall be entered upon the minutes of the governing body.

B. If any official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which the person knows is included or planned by the municipality to be included in any redevelopment project, the person shall immediately disclose this fact in writing to the local governing body, and this disclosure shall be entered upon the minutes of the governing body. The person shall not participate in any action by the municipality, housing authority or commission affecting the property. Any violation of this section shall constitute misconduct in office.
A.R.S. § 36-333 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 333
36-333 Birth certificate registration
Status: in_force

36-333. Birth certificate registration

A. Within seven days after a child's birth in this state, a person shall submit to a local registrar, a deputy local registrar or the state registrar, a birth certificate for registration according to rules adopted pursuant to this chapter.  The birth certificate shall be submitted physically or electronically through the state designated electronic registration system.  A local registrar, a deputy local registrar or the state registrar may accept a certificate submitted electronically without the signatures required by rule.

B. If a birth occurs at a hospital, the chief administrative officer of the hospital or that person's designee shall:

1. Obtain the information for a birth certificate, including signatures and social security numbers required by rule.

2. Fill out the birth certificate.

3. Submit the birth certificate for registration to a local registrar, a deputy local registrar or the state registrar.

4. Maintain a copy of the evidentiary documents used to fill out the birth certificate for ten years after the date of submission.

C. If a birth does not occur at a hospital one of the following persons shall obtain the information, evidentiary documents, social security numbers and signatures required by rule for a birth certificate, fill out the birth certificate and submit the birth certificate for registration to a local registrar, a deputy local registrar or the state registrar:

1. A physician, nurse or midwife who is present at the birth and who is willing and able to do so during or immediately after the birth.

2. If a physician, nurse or midwife is not present at the birth or is not willing or able to do so, the child's mother or father or a family member of legal age who is present, willing and able to do so during or immediately after the birth.

3. If the child's father or other family member of legal age is not present or is not willing or able and the child's mother is not willing or able to supply the required information, any other person who is present during or immediately after the child's birth and who can supply the required information.

D. If a birth occurs in a moving conveyance, the birth is considered to have occurred in the place where the child is initially removed from the conveyance.  If the child is initially removed from the conveyance at a hospital, the person named in subsection B shall submit the birth certificate to the state registrar or the local registrar or deputy local registrar of the registration district where the child is first removed.  If the child is initially removed from the conveyance at any location other than at a hospital, the person identified in subsection C shall submit the birth certificate to the state registrar or to the local registrar or deputy local registrar of the registration district where the child is first removed.

E. A local registrar, a deputy local registrar or the state registrar shall register a birth certificate if the birth certificate is accurate and complete and submitted according to this chapter and rules adopted pursuant to this chapter.
A.R.S. § 36-425.08 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.08
36-425.08 Behavioral health residential facilities; outpatient clinics; children; respite; exemptions; requirements
Status: in_force

36-425.08. Behavioral health residential facilities; outpatient clinics; children; respite; exemptions; requirements

A. A behavioral health residential facility may provide respite care to a child for increments of fewer than five consecutive days and not more than twelve days in a ninety-day period or an outpatient clinic may provide respite care to a child for up to ten continuous hours per day between the hours of 6:00 a.m. and 10:00 p.m. without a medical history and physical examination. For those children receiving only respite services, the behavioral health residential facility or the outpatient clinic is exempt from all of the following licensure requirements in relation to the child's respite stay:

1. Providing counseling services.

2. Providing a discharge order and summary, except that a parent, guardian or custodian must be provided documentation of any incidence of illness, physical injury, use of emergency safety response or unacceptable behavior that occurs during the child's respite stay.

3. Providing medication information to a child for whom medication assistance is required.

4. Requirements for a review of the child's medication regime by a medical practitioner.

5. Preparing and posting a food menu more than twenty-four hours in advance of food service.

6. Tuberculosis screening of the child.

B. The respite care provider shall be given a list of the child's medications and allergies and emergency contact information on the child's arrival.
A.R.S. § 36-1906 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1906
36-1906 Registering place of business with director
Status: in_force

36-1906. Registering place of business with director

A. A person who holds a license shall notify the director in writing of the address of the place or places where the person engages in the practice of fitting and dispensing hearing aids, the practice of audiology or the practice of speech-language pathology and of any subsequent change of address.

B. The director shall keep a record of the places of practice of persons who hold licenses.
A.R.S. § 36-1162 — Arizona Code / Title 36 / Chapter 9 / Article 6 / Section 1162
36-1162 Powers and functions of Arizona poison control system
Status: in_force

36-1162. Powers and functions of Arizona poison control system

The Arizona poison control system shall:

1. Maintain a comprehensive list of poison and drug information resources.

2. Furnish advisory services to health professionals on the toxicity of poisons, drugs and household chemical products and effective and safe treatment of poisoning.

3. Provide information to the public on preventing accidental poisonings and first aid treatment of poisoning.

4. Provide a toll-free telephone service for all communities in this state, including all treatment facilities in this state.

5. Provide expert capability for the rapid identification of toxic agents.

6. Conduct and promote educational programs for professionals and the public on poisoning.

7. Establish, in consultation with the department of health services, physicians and hospitals, procedures for reporting the incidence of poisoning.

8. Procure grants to engage in research to enhance delivery of specialized emergency services in treating poisoning.

9. Establish a teratogen information program. The program shall establish a statewide toll-free telephone number to provide health care providers and the public with up-to-date information and referrals on possible teratogen exposure and shall develop educational programs and materials. For the purposes of this paragraph, "teratogen" means a physical, infectious or chemical agent that causes a change in the normal development of a human embryo or fetus.

10. Assist the department of health services in coordinating public health information regarding a chemical or other toxic fire event, including providing information regarding possible toxic exposures and appropriate health care facility referrals for those exposures.
A.R.S. § 36-2959 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2959
36-2959 Reimbursement rates; capitation rates; annual review
Status: in_force

36-2959. Reimbursement rates; capitation rates; annual review

A. The department shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates to service providers for the persons with developmental disabilities program of both the Arizona long-term care system and the state only program. The consultant shall also include a recommendation for annual inflationary costs.  Unless modified in response to federal or state law, the independent consulting firm shall include, in its recommendation, costs arising from amendments to existing contracts.  The department may require, and the department's contracted providers shall provide, financial data to the department in the format prescribed by the department to assist in the study. A complete study of reimbursement rates shall be completed no less than once every five years.

B. Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate.

C. The administration shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates to service providers for the elderly and physical disability program of the Arizona long-term care system.  The administration may require, and the administration's contracted providers shall provide, financial data to the administration in the format prescribed by the administration to assist in the study. A complete study of reimbursement rates shall be completed no less than once every five years.  In determining the adequacy of the rates in the five year study, the consulting firm shall examine in detail the costs associated with the delivery of services, including programmatic, administrative and indirect costs in providing services in rural and urban Arizona.

D. The department and the administration shall provide each of their reports to the joint legislative budget committee and the administration by October 1 of each year.

E. The department shall include the results of the study in its yearly capitation rate request to the administration.

F. If results of the study are not completely incorporated into the capitation rate, the administration shall provide a report to the joint legislative budget committee within thirty days of setting the final capitation rate, including reasons for differences between the rate and the study.
A.R.S. § 36-765.03 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.03
36-765.03 Denial, suspension or revocation of certificate; disciplinary action; appeal
Status: in_force

36-765.03. Denial, suspension or revocation of certificate; disciplinary action; appeal

A. The director may deny, suspend or revoke the certificate of any community health worker who:

1. Violates any provision of this article or rule adopted pursuant to this article.

2. Has been convicted of a felony or a misdemeanor involving moral turpitude.

3. Indulges in conduct or a practice detrimental to the health or safety of the public.

B. The department may deny, suspend or revoke a certificate without holding a hearing.  After receiving notification of the denial, suspension or revocation, the applicant may request a hearing to review the denial, suspension or revocation.  If requested, the department shall conduct a hearing to deny, suspend or revoke a certificate pursuant to title 41, chapter 6, article 10.

C. If the director determines pursuant to a hearing that grounds exist to deny, suspend or revoke a certificate, the director may do so permanently or for a fixed period of time and may impose conditions as prescribed by rule.

D. A certified community health worker employed by a tribe who violates this section shall be under tribal government jurisdiction.  If the worker is determined to have violated this section, the information provided to the director may result in the denial, suspension or revocation of the worker's certification. Internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government are deemed as the final decision in accordance with this section.
A.R.S. § 36-183 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 183
36-183 Boards of health of local health departments; membership; terms
Status: in_force

36-183. Boards of health of local health departments; membership; terms

A. Except as provided in subsection B, for a county department of health in a county having three supervisorial districts, the board of supervisors shall appoint a board of five members consisting of a member of the board of supervisors, a physician licensed pursuant to title 32, chapter 13 or 17 and three citizens selected for their interest in public health, each citizen member to be a resident of a different supervisorial district, so that each supervisory district in the county has a representative on the board. The member selected from the board of supervisors shall serve during that member's term of office. The term of office of the physician member and of the citizen members shall be four years.

B. In a county having three supervisorial districts, the board of supervisors may determine by majority vote to appoint a board of nine members for the county department of health. In the event a board of supervisors determines to appoint a nine member board, the board shall consist of a member of the board of supervisors, a physician licensed pursuant to title 32, chapter 13 or 17, a member of a city governing body selected by the board and six citizens selected for their interest in public health.  The citizen members shall be residents of different supervisorial districts, so that each supervisorial district in the county has two representatives on the board. The members selected from the board of supervisors and the city governing body shall serve during their terms of office.  The term of office of the physician member and the citizen members shall be four years. In the event four additional members are appointed pursuant to this subsection, the city governing body member shall be appointed for a term of four years, one citizen member shall be appointed for a term of one year, one citizen member shall be appointed for a term of two years and one citizen member shall be appointed for a term of three years.

C. In a county having five supervisorial districts, the board of supervisors shall appoint a board of eleven members consisting of a member of the board of supervisors, a physician licensed pursuant to title 32, chapter 13 or 17 and five citizen members selected for their interest in public health, each citizen member to be a resident of a different supervisorial district so that all five supervisorial districts in the county have representatives on the board. In addition, four citizen members shall be appointed from the county at large. The term of office of the physician member and each member appointed pursuant to this subsection shall be four years.

D. Appointment to fill a vacancy in the membership of a board caused other than by expiration of term shall be for the unexpired portion of the term.

E. The director of a county health department shall serve, without vote, as an ex officio member of the board.

F. Citizen members appointed pursuant to this section shall not be county health department employees.
A.R.S. § 36-545.07 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.07
36-545.07 Contracts between the administration and screening agencies, evaluation agencies and mental health treatment agencies; services; plan
Status: in_force

36-545.07. Contracts between the administration and screening agencies, evaluation agencies and mental health treatment agencies; services; plan

A. The administration may enter into contracts with screening agencies, evaluation agencies and mental health treatment agencies to provide prepetition screenings, court-ordered evaluations, voluntary evaluations, treatment of voluntary patients and treatment of patients under section 36-524 regardless of the ability of the patient or proposed patient to pay. A county may be a party to a contract as a provider of services or as a party making payments to an agency to provide services on the part of the county. The state hospital may be included in the contract as a provider of services and may receive consideration not inconsistent with law.

B. Contracts to provide services as in subsection A of this section shall be entered into in accordance with a plan of the administration. This plan shall be developed in accordance with the state comprehensive health plan and in accordance with a plan of the local health planning agency submitted to and approved by the director, except as provided in subsection C of this section.

C. If there is no recognized local health planning agency or if the local health planning agency does not submit a plan that will, in the judgment of the director, fulfill the requirements for services of subsection A of this section, the director may develop a plan and require that it be followed in lieu of a plan of the local health planning agency. The plan of the director shall be adopted after holding a hearing and fulfilling the requirements of title 41, chapter 6.

D. If monies at the disposal of the administration are used for services as in subsection A of this section, the contract shall conform to the requirements of section 36-189, subsection B.

E. A contract to provide services as in subsection A of this section shall specify the services to be provided as to their nature, quality, purpose, number, extent and limitations, if any, or any other requirements the administration deems necessary for the proper administration of services under the plan of the administration.

F. A contract may specify that the county's participation fulfills in full or in part the requirements of the county to provide services under section 36-545.06 and the requirements of the county to pay the cost of services under section 36-545.04.
A.R.S. § 36-2901.06 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.06
36-2901.06 Capitation rate adjustments; limitation
Status: in_force

36-2901.06. Capitation rate adjustments; limitation

Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate.
A.R.S. § 36-795 — Arizona Code / Title 36 / Chapter 6 / Article 10 / Section 795
36-795 Definitions
Status: in_force

36-795. Definitions

In this article, unless the context otherwise requires:

1. "Food" means a food as defined in section 36-901, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.

2. "Kratom product" means a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa.

3. "Processor" means a person that sells, prepares, manufactures, distributes, wholesales or maintains kratom products or that advertises, represents or holds itself out as selling, preparing or maintaining kratom products.

4. "Retailer" means a person that sells or distributes kratom products or that advertises, represents or holds itself out as selling or maintaining kratom products.
A.R.S. § 36-2323 — Arizona Code / Title 36 / Chapter 23 / Article 3 / Section 2323
36-2323 Department; forms
Status: in_force

36-2323. Department; forms

The department shall create the forms required by section 36-2322 within thirty days after September 24, 2022. The reporting requirements of section 36-2322 on forms published by the department do not apply until ten days after the requisite forms have been made available or September 24, 2022, whichever is later.
A.R.S. § 36-882 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 882
36-882 License; posting; transfer prohibited; fees; provisional license; renewal; exemption from rule making
Status: in_force

36-882. License; posting; transfer prohibited; fees; provisional license; renewal; exemption from rule making

A. A child care facility shall not receive any child for care, supervision or training unless the facility is licensed by the department of health services.

B. An application for a license shall be made on a written or electronic form prescribed by the department and shall include:

1. Information required by the department for the proper administration of this chapter and rules adopted pursuant to this chapter.

2. The name and business or residential address of each controlling person.

3. An affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

C. An application for an initial license shall include:

1. The form that is required pursuant to section 36-883.02, subsection C and that is completed by the applicant.

2. A copy of a valid fingerprint clearance card issued to the applicant pursuant to section 41-1758.07.

3. If the applicant's facility is located within one-fourth mile of any agricultural land, the names and addresses of the owners and lessees of the agricultural land and a copy of the agreement required pursuant to subsection D of this section.

D. The department shall deny any license that affects agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the department may license the child care facility to be located within the affected buffer zone.  The agreement may include any stipulations regarding the child care facility, including conditions for future expansion of the facility and changes in the operational status of the facility that will result in a breach of the agreement. This subsection shall not apply to the issuance or renewal of a license for a child care facility located in the same location for which a child care facility license was previously issued.

E. On receipt of an application for an initial license, the department shall inspect the applicant's physical space, activities and standards of care.  If the department determines that the applicant and the applicant's facility are in substantial compliance with this chapter and rules adopted pursuant to this chapter and the applicant agrees to carry out a plan acceptable to the department to eliminate any deficiencies, the department shall issue an initial license to the applicant.

F. Beginning January 1, 2010, subject to the availability of monies, the department may establish a discount program for licensing fees paid by child care facilities, including a public health discount.

G. The director, by rule, may establish and collect fees for child care facilities and a fee for late filing of applications.  Beginning January 1, 2010, ninety per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the health services licensing fund established by section 36-414 and ten per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

H. Pursuant to available funding, the department shall collect annual fees.

I. A license is valid from the date of issuance unless it is subsequently revoked or suspended or the licensee does not pay the licensure fee and shall specify the following:

1. The name of the applicant.

2. The exact address where the applicant will locate the facility.

3. The maximum number and age limitations of children that shall be cared for at any one time.

4. The classification of services that the facility is licensed to provide.

J. The department may issue a provisional license, not to exceed six months, to an applicant or a licensed child care facility if:

1. The facility changes director.

2. The department determines that an applicant for an initial license or a licensed child care facility is not in substantial compliance with this chapter and rules adopted pursuant to this chapter and the immediate interests of children, families and the general public are best served if the child care facility or the applicant is given an opportunity to correct deficiencies.

K. A provisional license shall state the reason for the provisional status.

L. On the expiration of a provisional license, the department shall issue a regular license if the department determines that the licensee and the child care facility are in substantial compliance with this chapter and rules adopted pursuant to this chapter and the applicant agrees to carry out a plan acceptable to the department to eliminate any deficiencies.

M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

N. The license is not transferable from person to person and is valid only for the quarters occupied at the time of issuance.

O. The license shall be conspicuously posted in the child care facility.

P. The licensee shall conspicuously post a schedule of fees charged for services and the established policy for a refund of fees for services not rendered.

Q. The licensee shall keep current department inspection reports at the child care facility and shall make them available to parents on request. The licensee shall conspicuously post a notice that identifies the location where these inspection reports are available for review.

R. The department of health services shall notify the department of public safety if the department of health services receives credible evidence that a licensee who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.07, subsection B.

2. Falsified information on any form required by section 36-883.02.

S. Licensees may pay licensure fees by installment payments based on procedures established by the department.

T. The department shall review its actual costs to administer this article at least once every two years.  If the department determines that its administrative costs are lower than the fees it has collected pursuant to this section, it shall adjust fees.

U. If the department lowers fees, the department may refund or credit fees to licensees.

V. Fee reductions are exempt from the rule making requirements of title 41, chapter 6.
A.R.S. § 36-3412 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3412
36-3412 Contracts; regional behavioral health authorities
Status: in_force

36-3412. Contracts; regional behavioral health authorities

A. The director shall prepare and issue a request for proposals for behavioral health services consistent with sections 36-2906 and 36-2906.01.

B. Consistent with section 36-2903, subsection M, the administration's contracts with regional behavioral health authorities shall include terms as necessary in the judgment of the director:

1. To ensure adequate performance and compliance with all applicable federal laws by the regional behavioral health authorities.

2. For the maintenance of deposits, performance bonds, financial reserves or other financial security.

3. For the withholding or forfeiture of payments to be made to a regional behavioral health authority by the administration due to the authority's failure to comply with a provision of the authority's contract with the administration or with adopted rules.

4. Authorizing the administration to operate a regional behavioral health authority directly.

C. If there is an insufficient number of qualified bids for prepaid capitated behavioral health services within a geographic service area described in a request for proposals, the director may employ any of the options authorized by section 36-2904, subsection A.

D. During any period in which services are needed and no contract exists, the director may employ any of the options authorized by section 36-2904, subsection B.

E. If there is an insufficient number of, or an inadequate member capacity in, contracts awarded to contractors, the director, in order to deliver covered services to members enrolled or expected to be enrolled in the system within a county, may negotiate and award without a bid a contract pursuant to section 36-2904, subsection J.

F. To the extent that services are furnished pursuant to this chapter, and unless otherwise required by this chapter, a regional behavioral health authority is not subject to title 20.

G. Regional behavioral health authorities are subject to section 36-2905.
A.R.S. § 36-272 — Arizona Code / Title 36 / Chapter 2 / Article 4 / Section 272
36-272 Biomedical research
Status: in_force

36-272. Biomedical research

The department shall advance research in this state relating to:

1. The causes, epidemiology and diagnosis of diseases.

2. The formulation of cures for diseases.

3. The development of medically accepted treatment and prevention of diseases, including the discovery and development of new drugs.
A.R.S. § 36-114 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 114
36-114 Limitation upon authority to impose treatment
Status: in_force

36-114. Limitation upon authority to impose treatment

Nothing in this title shall authorize the department or any of its officers or representatives to impose on any person against his will any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. Nothing in this title shall authorize the department or any of its officers or representatives to impose on any person contrary to his religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person.
A.R.S. § 36-517.02 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 517.02
36-517.02 Limitation of liability; exception; discharge of duty; immunity for disclosure
Status: in_force

36-517.02. Limitation of liability; exception; discharge of duty; immunity for disclosure

A. There shall be no cause of action against a mental health provider nor shall legal liability be imposed for breaching a duty to prevent harm to a person caused by a patient, unless both of the following occur:

1. The patient has communicated to the mental health provider an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such threat.

2. The mental health provider fails to take reasonable precautions.

B. Any duty owed by a mental health provider to take reasonable precautions to prevent harm threatened by a patient is discharged by all of the following:

1. Communicating when possible the threat to all identifiable victims.

2. Notifying a law enforcement agency in the vicinity where the patient or any potential victim resides.

3. Taking reasonable steps to initiate proceedings for voluntary or involuntary hospitalization, if appropriate.

4. Taking any other precautions that a reasonable and prudent mental health provider would take under the circumstances.

C. Whenever a patient has explicitly threatened to cause serious harm to a person or whenever a mental health provider reasonably concludes that a patient is likely to do so, and the mental health provider, for the purpose of reducing the risk of harm, discloses a confidential communication made by or relating to the patient, the mental health provider shall be immune from liability resulting from such disclosure.

D. This section shall not limit and shall be in addition to any other statutory immunitites from liability of mental health providers or mental health treatment agencies as otherwise provided by law.
A.R.S. § 36-420.02 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 420.02
36-420.02 Additional charges for medical or forensic interview or examination; prohibition
Status: in_force

36-420.02. Additional charges for medical or forensic interview or examination; prohibition

A. A health care institution may not charge an intake, consultation, facility or other fee to a patient as part of a medical or forensic interview or examination for which the county is required to pay pursuant to section 13-1414.

B. A health care institution or health care provider may not issue, either directly or through its billing company, any additional balance bill to a patient relating to a medical or forensic interview or examination for which the county is required to pay pursuant to section 13-1414.
A.R.S. § 36-737 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 737
36-737 Violation; classification
Status: in_force

36-737. Violation; classification

A. A treating, screening or attending health care provider as defined in section 36-661, a clinical laboratory as defined in section 36-451 or an operator of a homeless shelter who knowingly fails or refuses to perform a duty or legal responsibility imposed pursuant to this article is guilty of a class 3 misdemeanor.

B. An afflicted person who knowingly or intentionally exposes others to infection is guilty of a class 2 misdemeanor.

C. An afflicted person who leaves or attempts to leave the custody, isolation, quarantine or detention imposed by the superior court or the order of the tuberculosis control officer or local health officer pursuant to this article is guilty of a class 2 misdemeanor.

D. Any person who knowingly obstructs, impairs or hinders an investigation conducted pursuant to this article is guilty of a class 3 misdemeanor.

E. Any person who knowingly makes a false report of tuberculosis to the tuberculosis control officer or the local health officer is guilty of a class 3 misdemeanor.

F. Any person who, without proper authorization, knowingly assists another to be noncompliant with an order issued pursuant to this article is guilty of a class 3 misdemeanor.
A.R.S. § 36-772 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 772
36-772 Health education account; audit; reports
Status: in_force

36-772. Health education account; audit; reports

(Caution:  1998 Prop. 105 applies)

A. In addition to the monies deposited pursuant to section 36-770, twenty-three cents of each dollar in the tobacco tax and health care fund shall be deposited in the health education account for programs for the prevention and reduction of tobacco use, through public health education programs, including community based education, cessation, evaluation and other programs to discourage tobacco use among the general population as well as minors and culturally diverse populations.

B. The department of health services shall administer the account.

C. Except as provided in subsection D of this section, monies that are deposited in the health education account:

1. Shall be used to supplement monies that are appropriated by the legislature for health education purposes and shall not be used to supplant those appropriated monies.

2. Shall be spent for the following purposes:

(a) Contracts with county health departments, qualifying community health centers as defined in section 36-2907.06, Indian tribes, accredited schools, nonprofit organizations, community colleges and universities for education programs related to preventing and reducing tobacco use.

(b) Administrative expenditures related to implementing and operating a program developed pursuant to subdivision (a) to award and oversee contracts for education programs including obtaining expert services to assist in evaluating requests for proposals and responses to those requests.

(c) Department of health services expenditures for developing and delivering education programs that are designed to prevent or reduce tobacco use including radio, television or print media costs. When contracting for the development and production of original advertising materials, the department shall require advertising, production and editorial firms to use their best efforts to employ or contract with residents of this state to manage, produce and edit the original advertising. The department shall report annually by December 1 to the governor, the president of the senate and the speaker of the house of representatives regarding instances when the department did not employ or contract with residents of this state, including the reasons for failing to do so.

(d) The evaluations required by subsection F of this section.

D. The department of health services shall use monies deposited in the account pursuant to section 36-770 for the prevention and early detection of the four leading disease related causes of death in this state, as periodically determined by the centers for disease control and prevention, or its successor agency.  Initially, these are cancer, heart disease, stroke and pulmonary disease.  The monies shall only be used to supplement monies that are appropriated by the legislature and shall not be used to supplant those appropriated monies.

E. Monies from the health education account shall not be spent for lobbying activities involving elected officials or political campaigns for individuals or any ballot measure.

F. The department of health services shall evaluate the programs established pursuant to subsection C, paragraph 2 of this section and shall biennially submit a written report of its findings to the governor, the president of the senate and the speaker of the house of representatives.  The department of health services shall provide a copy of each report to the secretary of state and the director of the Arizona state library, archives and public records.  The department of health services shall submit its first report on or before November 15, 2004.  The first report shall include data beginning in fiscal year 2001-2002.
A.R.S. § 36-2401 — Arizona Code / Title 36 / Chapter 25 / Article 1 / Section 2401
36-2401 Definitions
Status: in_force

36-2401. Definitions

In this article, unless the context otherwise requires:

1. "Health care entity" means any of the following:

(a) A licensed health care provider.

(b) An entity that provides health care services through one or more licensed health care providers.

(c) An entity that contracts to provide or pays for health care services.

(d) A professional organization of licensed health care providers.

(e) A utilization or quality control peer review organization.

(f) A state health care provider.

(g) A component of the statewide emergency medical services and trauma system.

(h) A qualifying community health center as defined in section 36-2907.06.

(i) A committee or other organizational structure of a health care entity.

2. "Licensed health care provider" means a person or institution that is licensed or certified by this state to provide health care, medical services, nursing services or other health-related services.

3. "Quality assurance activities" means activities or proceedings of a health care entity:

(a) That are established for the purposes of reducing morbidity and mortality and for improving the quality of health care or encouraging proper utilization of health care services and facilities through the review of the qualifications, professional practices, training, experience, patient care, conduct, processes or data of licensed health care providers.

(b) That follow a process adopted by the health care entity that includes written standards and criteria.

4. "Quality assurance information" means information in oral, written or digital form that is submitted to, prepared for or by or considered by a health care entity for or in the course of quality assurance activities, including the record of the health care entity's actions and proceedings.

5. "State health care provider" means a department, agency, board or commission of the state and its officers, agents and employees that is a health care provider to clients, wards, patients or other persons in the control or custody of a department, agency, board or commission of the state and a health care provider rendering health care services on behalf of the state that is covered by insurance or self-insurance pursuant to section 41-621, 41-622 or 41-623.
A.R.S. § 36-2354 — Arizona Code / Title 36 / Chapter 24 / Article 1 / Section 2354
36-2354 Coordinating medical provider; duties
Status: in_force

36-2354. Coordinating medical provider; duties

A coordinating medical provider for a medically-underserved area shall perform certain functions as determined by the department in order to ensure the provision of adequate medical care by the medical clinic. These functions may include:

1. Diagnostic services through a communications system between the clinic and the coordinating medical provider.

2. Overall direction of medical care offered at the clinic or facility, including a periodic evaluation of the quality of such care.

3. Drug prescription services.

4. Communication services to facilitate patient treatment during emergency transit to the clinic or a hospital.
A.R.S. § 36-503.04 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 503.04
36-503.04 Maternal mental health conditions; educational materials and information; distribution; definitions
Status: in_force

36-503.04. Maternal mental health conditions; educational materials and information; distribution; definitions

A. The department shall identify and compile relevant educational materials and information for health care professionals and patients regarding maternal mental health conditions, including postpartum depression, that have been developed by organizations with expertise in maternal mental health conditions. The materials shall include information on the symptoms and methods of coping with postpartum depression, as well as treatment options and resources. If the department is unable to identify existing materials that comply with the requirements of this subsection, the department shall develop written educational materials and information, taking into consideration relevant clinical practice guidelines, peer-reviewed studies and recommendations from experts in maternal mental health care, including the centers for disease control and prevention, professional associations and patient advocacy groups.

B. The department shall post the materials and information required by subsection A of this section on its public website. The department shall make available or distribute the materials and information in physical form on request.

C. The department shall periodically review the materials and information to determine their accuracy and ensure that they reflect the most up-to-date and accurate information.

D. A health care institution shall provide each departing new parent and other family members, as appropriate, with written materials and information compiled or developed pursuant to subsection A of this section on the new parent's discharge from the health care institution.

E. Each health care institution, primary care physician and primary care practitioner, or any other health professional who renders prenatal or postnatal care or who provides pediatric infant care, shall provide the materials and information compiled or developed pursuant to subsection A of this section to any woman on learning of a pregnancy or who presents with signs of a maternal mental health disorder at any time during a pregnancy or postpartum period.

F. For the purposes of this section:

1. "Health care institution" has the same meaning prescribed in section 36-401.

2. "Primary care physician" and "primary care practitioner" have the same meanings prescribed in section 36-2901.
A.R.S. § 36-2301.02 — Arizona Code / Title 36 / Chapter 23 / Article 1 / Section 2301.02
36-2301.02 Review of ultrasound results
Status: in_force

36-2301.02. Review of ultrasound results

A. Beginning on January 1, 2001, a person shall not knowingly perform an abortion after twelve weeks' gestation unless the person estimates the gestational age of the fetus based on biparietal diameter and femur length according to the hadlok measurement system or other equivalent measurement systems using ultrasound examination as provided in rule.

B. Beginning on January 1, 2001, a person shall not knowingly perform an abortion after twelve weeks' gestation unless the person ensures that a copy of each ultrasound result taken of a fetus of a woman as a result of a second or third trimester abortion is sent to persons or corporations contracted pursuant to this section. The person performing the abortion shall ensure that the ultrasound result or results from the woman is sent in a manner that is distinguishable from, and not mixed with, any other set of ultrasound results and is accompanied with a copy of any report that notes the estimate of the fetus' gestational age that was made before the abortion.

C. The department of health services shall contract with qualified public or private persons or corporations for review of ultrasound results to determine compliance with this section.  The department shall issue requests for proposals for the purpose of establishing contracts pursuant to this section. At a minimum, the contracts shall require the contractor to review ultrasound results to verify the accuracy of the fetus' estimated gestational age made before the abortion and to verify that the estimate was made in reasonable compliance with the hadlok measurement system or another equivalent measurement system as provided in rule.

D. The contractor shall use a statistically valid method of sampling to conduct the review of ultrasound results from a woman as a result of a second trimester abortion of a fetus of up to eighteen weeks' gestation. The contractor shall conduct a review of all ultrasound results from a woman as a result of an abortion of a fetus of eighteen or more weeks' gestation.

E. Beginning on January 1, 2001, on a monthly basis, persons or corporations providing ultrasound review services to the department pursuant to this section shall file a report with the director regarding ultrasound results, noting:

1. Any instances in which the contractor believes there was a significant inaccuracy in the estimated gestational age of the fetus made before the abortion.

2. Any circumstances that, based on the contractor's professional judgment, might explain a significant inaccuracy reported pursuant to paragraph 1 of this subsection.

3. Whether there was reasonable compliance pursuant to subsection C of this section.

4. Whether, based on the results of the review of each ultrasound, the physician should have filed a fetal death certificate with the department of health services as required by section 36-329, subsection C.

F. The department of health services shall forward the report or portions of the report within thirty working days to the appropriate professional regulatory boards for their review and appropriate action.

G. Except as provided by subsection F of this section, the reports required by this section are confidential and disclosable by the department or its contractor only in aggregate form for statistical or research purposes. Except as provided by subsection F of this section, information relating to any physician, hospital, clinic or other institution shall not be released. Personally identifiable patient information shall not be released by the department or its contractor.
A.R.S. § 36-1609 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1609
36-1609 Office of the state fire marshal; adoption of code; sale of permissible consumer fireworks
Status: in_force

36-1609. Office of the state fire marshal; adoption of code; sale of permissible consumer fireworks

A. The office of the state fire marshal shall adopt rules pursuant to title 41, chapter 6 to carry out this article, including a rule that adopts the national fire protection association code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August, 2012. A person who sells permissible consumer fireworks to the public shall comply with those rules relating to the storage of consumer fireworks and relating to the retail sales of consumer fireworks before selling permissible consumer fireworks to the public.

B. A person shall not sell or permit or authorize the sale of permissible consumer fireworks to a person who is under sixteen years of age.
A.R.S. § 36-201 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 201
36-201 Definitions
Status: in_force

36-201. Definitions

In this article, unless the context otherwise requires:

1. "Chief medical officer" means the chief medical officer of the state hospital.

2. "Department" means the department of health services.

3. "Director" means the director of the department of health services.

4. "Employee" means an officer or employee of the state hospital.

5. "State hospital" means Arizona state hospital.

6. "Superintendent" means the superintendent of the state hospital.
A.R.S. § 36-2911 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2911
36-2911 Payment of monthly premiums
Status: in_force

36-2911. Payment of monthly premiums

A. The administration shall pay medicare part B premiums pursuant to federal law for and on behalf of a member who is eligible pursuant to section 36-2901, paragraph 6, subdivision (a), item (i) or (ii) and who is enrolled pursuant to this article and article 2 of this chapter.

B. The administration shall pay the medicare part A hospital premium for each qualified person with a disability and working individual who is determined eligible pursuant to section 1905(s) of title XIX of the social security act. The administration shall determine the eligibility of all persons who are qualified with a disability and working individuals in accordance with section 6408(d) of the omnibus budget reconciliation act of 1989. The administration, in accordance with federal law, may require certain eligible qualified persons with a disability and working individuals to contribute to the cost of the monthly premium.
A.R.S. § 36-757 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 757
36-757 Violations; classification
Status: in_force

36-757. Violations; classification

A person is guilty of a class 6 felony who:

1. Obtains a license as a midwife by fraud, intentional misrepresentation or deceit.

2. Performs midwifery without a proper license or after the license has been denied, suspended or revoked.
A.R.S. § 36-214 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 214
36-214 Arizona state hospital; private operation
Status: in_force

36-214. Arizona state hospital; private operation

A. Notwithstanding any law to the contrary, pursuant to requests for proposals, the department of health services may enter into a five year contract with a private entity to administer the Arizona state hospital and deliver client services.  The contract shall allow the department to renew the contract for two subsequent renewal periods of not more than five years each and shall prescribe the circumstances under which the department may terminate the contract before the end of a five year period. The department may issue separate requests for proposals for criminal, civil, juvenile and adult population categories in the state hospital.

B. The contract shall include the following requirements:

1. The contractor must successfully attain performance goals prescribed by the department and the joint legislative budget committee relating to improvement of the state hospital's administration and delivery of client services.

2. The contractor shall not use subcontractors or subsidiaries to deliver services prescribed in the contract.

C. To be considered for an award of a contract, the contractor must demonstrate that it has:

1. The qualifications, operations and management experience and experienced personnel necessary to carry out the terms of the contract.

2. The ability to comply with applicable standards and any specific court order, if required.

3. A demonstrated history of successful operation and management of secure behavioral health facilities.

4. A demonstrated history of successful delivery of behavioral health services.

D. The contractor must agree:

1. That this state may cancel the contract at any time after the first year of operation, without penalty to this state, on ninety days' written notice.

2. To be in compliance at all times with all corrective action plans that are in effect at the time the contract is entered into or that are subsequently entered into by this state and the center for medicare and medicaid services.

3. To comply with all medicare certification requirements.

E. A contract may provide for annual contract price or cost adjustments, except that any adjustments may be made only once each year effective on the anniversary of the effective date of the contract. If any adjustment is made pursuant to the terms of the contract, it must be applied to the total payments made to the contractor for the previous contract year and shall not exceed the per cent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the next previous calendar year.  Any price or cost adjustments different than those authorized in this subsection may be made only if the legislature specifically authorizes the adjustments and appropriates monies for that purpose, if required.

F. The department shall not award a contract unless:

1. It receives an acceptable proposal pursuant to any request for proposals.  For the purposes of this paragraph, "acceptable proposal" means a proposal that substantially meets all of the requirements or conditions prescribed in this section and that meets all of the requirements in the request for proposals.

2. The proposal offers cost savings to this state based on the standard cost comparison model approved by the joint legislative budget committee.

3. The proposal offers a level and quality of services that equal or exceed those that would be provided by this state.

4. The contractor provides audited financial statements for the previous five years, or for each of the years the contractor has been in operation, if fewer than five years, and provides other financial information as requested.

5. The contractor provides an adequate plan of insurance, specifically including coverage or insurance for civil rights claims and liabilities as approved by the risk management division of the department of administration.

6. The contractor agrees to be liable for the costs of any emergency, public safety or security services provided to the contractor by this state or any political subdivision of this state and to reimburse this state or any political subdivision of this state for the cost of those services.

G. The sovereign immunity of this state does not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.

H. The contract terms are subject to prior review by the joint legislative budget committee before placement of any advertisement that solicits a response to a request for proposals.  Any proposed modification or amendment to the contract is subject to prior review by the joint legislative budget committee.

I. During its first year of operation, the contracting entity shall submit monthly reports to the department and the joint legislative budget committee as prescribed by the department.  Thereafter, the contracting entity shall submit quarterly reports to the department and the joint legislative budget committee as prescribed by the department.

J. At the end of the fourth year of the contract, an independent evaluator selected by the department shall conduct and complete a performance review to determine if the contracting entity has met the goals specified in the contract.  The independent evaluator shall submit a report of its findings to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee on or before May 1, 2010 and shall provide a copy of its report to the secretary of state and the director of the Arizona state library, archives and public records.

K. The department shall make a good faith attempt to place all state hospital personnel who are under the state personnel system on the effective date of the contract entered into pursuant to this section and who are not offered continued employment by the contracting entity.

L. All appropriated monies that remain unexpended and unencumbered on the effective date of the contract entered into pursuant to this section revert to the state general fund.

M. The department of health services shall report to the joint legislative budget committee by July 1, 2006 on whether the department intends to privatize the state hospital.  If the department intends to privatize the state hospital, the report shall contain a time frame for issuing a request for proposals.  If the department decides against privatizing the state hospital, the report shall include the department's rationale for not doing so.
A.R.S. § 36-2919 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2919
36-2919 Absence of federal financial participation; effect on system operation
Status: in_force

36-2919. Absence of federal financial participation; effect on system operation

If at any time federal monies as described in section 36-2903.01, subsection B, paragraph 5 are denied, not renewed or become unavailable for any reason the provisions of this article relating to the operation of the system are suspended and the director shall notify each provider of that fact. Neither the administration nor a provider shall provide services otherwise authorized by this article or be liable for the cost of services provided after federal monies become unavailable.
A.R.S. § 36-472 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 472
36-472 Rebates, fee-splitting and solicitation of referrals prohibited
Status: in_force

36-472. Rebates, fee-splitting and solicitation of referrals prohibited

A. The owner or director of a laboratory shall not personally or through an agent, solicit the referral of specimens to his or any other laboratory in a manner which offers or implies an offer of rebates to persons submitting specimens or other fee-splitting inducements or participate in any fee-splitting arrangement. This applies to contents of fee schedules, billing methods or personal solicitation. The contractual provision of laboratory services for a fixed fee independent of the number of specimens submitted for such services is declared to be a violation of this section.

B. The bill to the patient shall specify the actual charge by the reference laboratory together with the reasonable specimen collection charge by the referring laboratory or physician.
A.R.S. § 36-529 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 529
36-529 Order for evaluation; order for detention; hearing; personal service of court orders
Status: in_force

36-529. Order for evaluation; order for detention; hearing; personal service of court orders

A. If, from the review of the petition for evaluation, the court does not determine that the proposed patient is likely to present a danger to self or others or further deteriorate before the proposed patient's hearing on court-ordered treatment, but determines that there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability, the court shall issue an order directing the proposed patient to submit to an evaluation at a designated time and place, specifying that the evaluation will take place on an inpatient or an outpatient basis. The court may also order that, if the person does not or cannot so submit, the person be taken into custody by a peace officer and delivered to an evaluation agency. If the court makes such a conditional order, it shall also make a conditional appointment of counsel for the person to become effective when and if the person is taken into custody pursuant to this section.

B. If, from review of the petition for evaluation, there is reasonable cause to believe that the proposed patient is, as a result of a mental disorder, a danger to self or others or has a persistent or acute disability or a grave disability and that the person requires immediate or continued hospitalization before the proposed patient's hearing on court-ordered treatment, the court shall order the proposed patient taken into custody and evaluated at an evaluation agency. The court shall promptly appoint counsel for the proposed patient. If an intercounty agreement authorizes the same, the court may order that the evaluation be conducted in another county, and the superior court in the county where the evaluation is conducted has concurrent jurisdiction to make appropriate orders concerning the proposed patient.

C. If the person is not taken into custody or if the evaluation pursuant to the order of the court under subsection A or B of this section is not initiated within fourteen days after the date of the order, the order and petition for evaluation expire.  If a prosecutor filed a petition pursuant to section 13-4517, the court and the prosecuting agency shall receive notice of the expiration of the order for evaluation. The court may enter any orders necessary for further disposition pursuant to section 13-4517, including a pickup order directing that the person be taken into custody. This subsection does not prevent any person from initiating another court-ordered evaluation of the person pursuant to this chapter.

D. If the person is involuntarily hospitalized, the person shall be informed by the person's appointed attorney of the right to a hearing to determine whether the person should be involuntarily hospitalized for evaluation and to be represented at the hearing by an attorney. If the person requests a hearing to determine whether the person should be involuntarily hospitalized during evaluation, the court shall schedule a hearing at its earliest opportunity.

E. A copy of any order issued by the court pursuant to subsection A or B of this section, together with a copy of the petition for court-ordered evaluation, shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court.
A.R.S. § 36-2901.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.01
36-2901.01 Additional definition of eligibility for the Arizona health care cost containment system; enforcement; private right of action
Status: in_force

36-2901.01. Additional definition of eligibility for the Arizona health care cost containment system; enforcement; private right of action

(Caution:  1998 Prop. 105 Applies)

A. For the purposes of section 36-2901, "eligible person" includes any person who has an income level that, at a minimum, is between zero and one hundred per cent of the federal poverty guidelines as published annually by the United States department of heath and human services and based on the resource limits that are defined by the director of the Arizona health care cost containment system administration and that are not less than the resource limits in effect on November 5, 1996, and also based on other eligibility requirements of federal law or the health care financing administration pursuant to section 1115 of the social security act. The people acting through initiative, or the legislature by a simple majority vote, may change the eligibility threshold to a percentage of the federal poverty guidelines that is even more inclusive.  Neither the executive department nor the legislature may establish a cap on the number of eligible persons who may enroll in the system.

B. To ensure that sufficent monies are available to provide benefits to all persons who are eligible pursuant to this section, funding shall come from the Arizona tobacco litigation settlement fund established by section 36-2901.02 and shall be supplemented, as necessary, by any other available sources including legislative appropriations and federal monies.

C. An eligible person or a prospective eligible person may bring an action in the superior court against the director of the health care cost containment system adminstration and this state to enforce this section and section 36-2901.02.  The court has jurisdiction to enforce this section and section 36-2901.02 and any rule adopted pursuant to these sections and may apply appropriate civil sanctions and equitable remedies.
A.R.S. § 36-2901 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901
36-2901 Definitions
Status: in_force

36-2901. Definitions

In this article, unless the context otherwise requires:

1. "Administration" means the Arizona health care cost containment system administration.

2. "Administrator" means the administrator of the Arizona health care cost containment system.

3. "Contractor" means a person or entity that has a prepaid capitated contract with the administration pursuant to section 36-2904 or chapter 34 of this title to provide health care to members under this article or persons under chapter 34 of this title either directly or through subcontracts with providers.

4. "Department" means the department of economic security.

5. "Director" means the director of the Arizona health care cost containment system administration.

6. "Eligible person" means any person who is:

(a) Any of the following:

(i) Defined as mandatorily or optionally eligible pursuant to title XIX of the social security act as authorized by the state plan.

(ii) Defined in title XIX of the social security act as an eligible pregnant woman or a woman who is less than one year postpartum with a family income that does not exceed one hundred fifty percent of the federal poverty guidelines, as a child under the age of six years and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines or as children who have not attained nineteen years of age and whose family income does not exceed one hundred thirty-three percent of the federal poverty guidelines.

(iii) Under twenty-six years of age and who was in the custody of the department of child safety pursuant to title 8, chapter 4 when the person became eighteen years of age.

(iv) Defined as eligible pursuant to section 36-2901.01.

(v) Defined as eligible pursuant to section 36-2901.04.

(vi) Defined as eligible pursuant to section 36-2901.07.

(b) A full-time officer or employee of this state or of a city, town or school district of this state or other person who is eligible for hospitalization and medical care under title 38, chapter 4, article 4.

(c) A full-time officer or employee of any county in this state or other persons authorized by the county to participate in county medical care and hospitalization programs if the county in which such officer or employee is employed has authorized participation in the system by resolution of the county board of supervisors.

(d) An employee of a business within this state.

(e) A dependent of an officer or employee who is participating in the system.

(f) Not enrolled in the Arizona long-term care system pursuant to article 2 of this chapter.

(g) Defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36-2929.

7. "Graduate medical education" means a program, including an approved fellowship, that prepares a physician for the independent practice of medicine by providing didactic and clinical education in a medical discipline to a medical student who has completed a recognized undergraduate medical education program.

8. "Malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.

9. "Member" means an eligible person who enrolls in the system.

10. "Modified adjusted gross income" has the same meaning prescribed in 42 United States Code section 1396a(e)(14).

11. "Noncontracting provider" means a person who provides health care to members pursuant to this article but not pursuant to a subcontract with a contractor.

12. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.

13. "Prepaid capitated" means a mode of payment by which a health care contractor directly delivers health care services for the duration of a contract to a maximum specified number of members based on a fixed rate per member notwithstanding:

(a) The actual number of members who receive care from the contractor.

(b) The amount of health care services provided to any member.

14. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist.

15. "Primary care practitioner" means a nurse practitioner or certified nurse midwife who is certified pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25. This paragraph does not expand the scope of practice for nurse practitioners or certified nurse midwives as defined pursuant to title 32, chapter 15 or for physician assistants as defined pursuant to title 32, chapter 25.

16. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401.

17. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services.

18. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.

19. "State plan" has the same meaning prescribed in section 36-2931.

20. "System" means the Arizona health care cost containment system established by this article.
A.R.S. § 36-252 — Arizona Code / Title 36 / Chapter 2 / Article 2 / Section 252
36-252 Chief of state laboratory; appointment; qualifications
Status: in_force

36-252. Chief of state laboratory; appointment; qualifications

A. The state laboratory shall be under the supervision of a chief who shall be appointed by the director of the department of health services.

B. The laboratory chief shall be a skilled pharmaceutical chemist or bacteriologist and analyst of foods, water supplies and drugs.
A.R.S. § 36-978 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 978
36-978 Signs
Status: in_force

36-978. Signs

A sign at least ten inches by fourteen inches shall be conspicuously posted within the immediate display area directing customers for health reasons to use the utensils provided when serving themselves, not to handle the food directly and not to consume food on the premises.
A.R.S. § 36-2945 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2945
36-2945 Provision of services without contract; requirements
Status: in_force

36-2945. Provision of services without contract; requirements

A. If there is an insufficient number of qualified bids in a county pursuant to section 36-2944, or for those members not enrolled with program contractors, the director on the approval of the legal advisor of the administration may:

1. Execute discount advance payment contracts for institutional and hospital services.

2. Execute capped fee-for-service contracts for other services. Any capped fee-for-service contract shall provide for reimbursement at a level which does not exceed a capped fee-for-service schedule adopted by the director.

B. During any period in which services are needed and no contract exists, or for those members not enrolled with program contractors, the director on the approval of the legal advisor of the administration may do either of the following:

1. Pay noncontracting providers for services, other than hospital services, on a capped fee-for-service basis for members. However, the director shall not pay any amount for services which exceeds a maximum amount set forth in a capped fee-for-service schedule adopted by the director.

2. Pay a hospital subject to the reimbursement level limitation prescribed in section 36-2903.01.

C. If services are provided in the absence of a contract, the director shall continue to attempt to procure by the bid process as provided in section 36-2944 contracts for such services as specified in this subsection.

D. The director may adopt rules or require contractual provisions that prescribe requirements and time limits for submittal of and payment for claims submitted for services to the administration.

E. Notwithstanding section 35-190, the director may pay claims arising during the fiscal year for a period of six months after the close of the fiscal year.
A.R.S. § 36-1104 — Arizona Code / Title 36 / Chapter 9 / Article 4 / Section 1104
36-1104 Enforcement; registration of brands and labels
Status: in_force

36-1104. Enforcement; registration of brands and labels

A. The department of health services shall enforce the provisions of this article. The department may approve and register such brands and labels intended for use under the provisions of this article as are submitted which in its judgment conform to the requirements of this article.

B. In any prosecution under this article, the fact that a brand or label involved in the prosecution has not been submitted to the department for approval, or if submitted, has not been approved by it, is immaterial.
A.R.S. § 36-4006 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4006
36-4006 Conditional release to a less restrictive alternative; findings
Status: in_force

36-4006. Conditional release to a less restrictive alternative; findings

Before the court orders that a committed defendant be conditionally released to a less restrictive alternative, the court shall find that all of the following apply:

1. The committed defendant will be treated by a competent professional.

2. The competent professional presents a specific course of treatment for the committed defendant, agrees to assume responsibility for the committed defendant's treatment, will report on the committed defendant's progress to the court on a regular basis and will report any violations as prescribed in paragraphs 4 and 5 of this section immediately to the court, the attorney for the state and the medical director.

3. The committed defendant who is conditionally released to a less restrictive alternative has housing arrangements that are sufficiently secure to protect the community and the person or agency that is providing the housing to the conditionally released committed defendant agrees in writing to the following conditions:

(a) To accept the conditionally released committed defendant.

(b) To provide the level of security that the court requires.

(c) To immediately report the unauthorized absence of the conditionally released committed defendant from the housing arrangement to which the committed defendant has been assigned.

4. The committed defendant will comply with the competent professional and all of the requirements that are imposed by the competent professional and the court.

5. The committed defendant will comply with the supervision requirements that are imposed by the court or the medical director.
A.R.S. § 36-555 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 555
36-555 Coordination of programs by department with special education programs
Status: in_force

36-555. Coordination of programs by department with special education programs

A. The department may conduct jointly, directly or indirectly, with a school district the placement evaluation of a person with a developmental disability who has applied for or is receiving developmental disability programs or services from the department and who is either enrolled or in the process of being evaluated for enrollment in a special education program or may contract with such school district to provide the evaluation for the school district or to have the school district provide the placement evaluation for the department. With consent of the parent the evaluation information may be shared by and among department of economic security and department of education personnel, or personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415).

B. The department shall coordinate its development of an individual program plan for a person with a developmental disability who has applied for or who is receiving developmental disability programs or services provided directly or indirectly by the department with the school district in which the person with a developmental disability is enrolled with the school district's development of an individual education program plan for such person.

C. When a child with a developmental disability has received developmental disabilities programs or services provided directly or indirectly by the department, upon request of the responsible person or the school district in which the child is enrolled, the department shall provide follow-up placement evaluation and case management services for the child with a developmental disability for a period of six months after the child has become enrolled in the school district.

D. During the one-year period prior to the graduation or other termination of school attendance by a person with a developmental disability, the department shall, upon the request of the responsible person, provide placement evaluation and case management services for such person. Such evaluation shall consider the person's needs for housing, employment training, employment and support services.

E. The department of economic security shall coordinate the residential placement of all school-age persons with developmental disabilities in residential housing facilities operated or supported by the department of economic security with the school districts in which such residential facilities will be located and with the department of education in a manner which will make best use of existing programs and facilities and operational capabilities and which will not cause serious overcrowding of school facilities or programs.
A.R.S. § 36-1491 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1491
36-1491 Inconsistencies of article with other law
Status: in_force

36-1491. Inconsistencies of article with other law

Insofar as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.
A.R.S. § 36-414 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 414
36-414 Health services licensing fund; exemption
Status: in_force

36-414. Health services licensing fund; exemption

A. The health services licensing fund is established consisting of monies deposited pursuant to sections 30-654, 32-1308, 32-2805, 36-405, 36-765.05, 36-766.06, 36-851.01, 36-882, 36-897.01, 36-1903, 36-2063 and 36-4204. The department of health services shall administer the fund.

B. Monies in the fund are subject to legislative appropriation.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-2999.53 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.53
36-2999.53 Nursing facility assessment fund
Status: in_force

36-2999.53. Nursing facility assessment fund

(Rpld. 10/1/31)

A. The nursing facility assessment fund is established consisting of the following:

1. Monies received by the administration from nursing facility assessments pursuant to this article.

2. Federal monies and federal matching monies received by the administration as a result of expenditures made by the administration that are attributable to monies deposited in the fund.

3. Interest or penalties collected pursuant to this article.

4. Legislative appropriations.

5. Private grants, gifts, contributions and devises from any source received to assist in carrying out the purposes of this article.

B. The administration shall administer the fund.  Monies in the fund are continuously appropriated.

C. The administration shall use fund monies only for the following:

1. To qualify for federal matching funds for supplemental payments for nursing facility services within medicare upper payment limit program requirements.

2. To pay administrative expenses incurred by the administration or its agents in performing the activities authorized by this chapter, provided that these expenses may not exceed one per cent of the aggregate assessment funds collected for the fiscal year.

3. To reimburse the medicaid sharer of the quality assessment.

4. To provide medicaid supplemental payments to fund covered services to nursing facility medicaid beneficiaries within medicare upper payment limits.

D. On notice from the administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 36-855 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 855
36-855 Prohibited acts; classification
Status: in_force

36-855. Prohibited acts; classification

A person who, in order to obtain a financial gain, intentionally falsifies, forges, conceals, defaces or obliterates a document of gift, an amendment or revocation of a document of gift or a refusal of gift is guilty of a class 6 felony.
A.R.S. § 36-2908 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2908
36-2908 Provision of emergency and specialty services; reimbursement
Status: in_force

36-2908. Provision of emergency and specialty services; reimbursement

A. Subject to the provisions of section 36-2909, services provided to members under this article who have been determined eligible but who have not yet enrolled in the system and who are in need of medical services on an emergency basis after they have been determined eligible, irrespective of county of residence, shall be reimbursed, subject to subsection B of this section, in accordance with rules adopted by the director if such services are not otherwise covered by a provider contract.

B. Services provided on an emergency basis to members or to persons after they have been determined eligible for such services but before they have enrolled in the system without a demonstrated emergency need in accordance with rules adopted by the director shall be reimbursed at no more than the rate for the service provided in other than an emergency services setting.

C. The director shall prescribe rules providing for the reimbursement of specialty services provided outside of the county of residence of the member if authorized by the member's primary care physician or primary care practitioner.

D. Services provided pursuant to this section shall be provided in accordance with rules adopted pursuant to section 36-2903.01, subsection E.
A.R.S. § 36-332 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 332
36-332 Notification of death to responsible person and release of human remains
Status: in_force

36-332. Notification of death to responsible person and release of human remains

A health care institution shall not release human remains or allow the removal of human remains from the health care institution until the health care institution makes a diligent effort to notify the responsible person and obtain the name of the entity to whom the human remains are to be released.
A.R.S. § 36-1409.01 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1409.01
36-1409.01 Pets for elderly tenants and tenants with disabilities; exceptions; conditions; appeal procedures; definitions
Status: in_force

36-1409.01. Pets for elderly tenants and tenants with disabilities; exceptions; conditions; appeal procedures; definitions

A. Notwithstanding any other statute, a public agency which owns, operates, manages or contracts for rental housing accommodations shall not prohibit elderly tenants or tenants with disabilities from keeping pets in their dwelling units.

B. This section does not prevent a public agency which owns, operates, manages or contracts for rental housing accommodations from requiring the removal of any pet which by its conduct or condition constitutes a threat or nuisance to other occupants of the housing project. A person shall not keep a pet in violation of health statutes or under circumstances constituting cruelty to animals pursuant to section 13-2910.

C. A public agency which owns, operates, manages or contracts for rental housing accommodations shall not impose any requirement which makes the keeping of a pet by an elderly tenant or tenant with a disability financially prohibitive and shall not in any case require a deposit of more than one month's rent for the keeping of a pet. This section does not relieve an elderly tenant or tenant with a disability from any liability otherwise imposed by law for damages caused by the tenant's pet.

D. A public agency which owns, operates, manages or contracts for rental housing accommodations is not liable for personal or property damage caused by a pet kept in the housing project by an elderly tenant or tenant with a disability unless it is proved that its agents or employees had prior actual knowledge of a dangerous propensity of the pet or a dangerous condition created by the pet and did not take timely and reasonable measures to mitigate or protect against the perceived threat.

E. A public agency which owns, operates, manages or contracts for rental housing accommodations may adopt reasonable regulations relating to pets including number of pets and neutering when appropriate and may impose conditions for the tenancy of elderly tenants or tenants with disabilities with pets different from those applicable to such tenants without pets, if these conditions are reasonably related to the presence of the pets.

F. An elderly tenant or tenant with a disability or an elderly applicant or applicant with a disability for tenancy may appeal from the adoption or application of any regulation or condition adopted pursuant to this section in accordance with grievance procedures of the particular housing authority which owns, operates, manages or contracts for the rental housing accommodations established to resolve tenant disputes. A copy of the grievance procedures shall be provided to an elderly tenant or tenant with a disability or an elderly applicant or applicant with a disability for tenancy who keeps or wishes to keep a pet.

G. For the purposes of this section:

1. "Elderly" means a person who is at least sixty years of age or as otherwise defined by a specific program.

2. "Person with a disability" means a person who has a physical impairment which substantially limits one or more of the person's major life activities or has a record of such an impairment or has been regarded as having such an impairment, as verified by a signed statement of a physician licensed pursuant to title 32, chapter 13 or 17.

3. "Pet" means a domesticated dog, cat, bird, fish, mouse, gerbil, hamster, turtle, guinea pig or chinchilla.

4. "Tenant" means a person who rents or resides in a dwelling unit in rental housing accommodations owned, operated, managed or contracted for by a public agency.
A.R.S. § 36-140 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 140
36-140 Violation; classification
Status: in_force

36-140. Violation; classification

A person who violates a provision of this article, or a regulation adopted pursuant to this article, is guilty of a class 3 misdemeanor for each violation. In the instance of continuing violation, each day constitutes a separate offense.
A.R.S. § 36-424.02 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 424.02
36-424.02 Priority matrix; level of complaint
Status: in_force

36-424.02. Priority matrix; level of complaint

A. The department shall provide a priority matrix for complaints filed against health care institutions on the department's public website. The priority matrix shall detail the following:

1. The various levels of complaints.

2. The process for determining the complaint level assignment.

3. The time frames for initiating a complaint investigation.

B. Before conducting a complaint investigation, the department shall disclose to the licensee the level of the complaint.
A.R.S. § 36-670 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 670
36-670 Good Samaritan; deceased person; disease testing; petition; hearing; notice; exception
Status: in_force

36-670. Good Samaritan; deceased person; disease testing; petition; hearing; notice; exception

A. A Good Samaritan may petition the court for an order authorizing testing of a deceased person for the human immunodeficiency virus, common bloodborne diseases or other diseases specified in the petition if there are reasonable grounds to believe an exposure occurred and there is probable cause to believe that the deceased person transferred blood or other bodily fluids on or through the skin or membranes of the Good Samaritan.

B. The court shall hear the petition promptly.  If the court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluids occurred between the deceased person and the Good Samaritan, the court shall order that the county medical examiner or alternate medical examiner draw two specimens of blood, if available, for testing and make the samples available for testing by a private health care provider or private health facility specified in the court order at the Good Samaritan's expense.

C. Notwithstanding subsection B of this section, on written notice from the department, the county medical examiner or alternate medical examiner is authorized to draw two specimens of blood, if available, during the autopsy or other examination of the deceased person's body, for infectious disease testing. The county medical examiner or alternate medical examiner shall release the specimen only after the court issues an order pursuant to subsection B of this section. If the court does not issue an order within thirty days after the county medical examiner or alternate medical examiner collects the specimen, the county medical examiner or alternate medical examiner shall destroy the specimen.

D. Notice of the test results shall be provided as prescribed by the department to the Good Samaritan named in the petition.

E. Section 36-665 does not apply to this section.
A.R.S. § 36-942 — Arizona Code / Title 36 / Chapter 8 / Article 3 / Section 942
36-942 Sale of kosher food
Status: in_force

36-942. Sale of kosher food

A. It is unlawful, with intent to defraud:

1. To sell, offer or expose for sale, by any method or in any form, any meat or meat product, food or food product, whether raw or prepared for human consumption, which in any manner or by any device is falsely represented or held out to be kosher or composed exclusively of kosher products.

2. To sell, offer or expose for sale in the same place of business, both kosher and nonkosher meat, meat products, food or food products, unless there is prominently displayed in the show window of the place of business a sign bearing the words, in block letters not less than four inches in height, "kosher and nonkosher food sold here," and over each kind of meat, meat product, food or food product exposed or offered for sale a sign stating in block letters not less than two inches in height whether it is kosher or nonkosher.

3. To display in a place of business or in a window or door thereof, or in hand bills or other printed matter exhibited or distributed in or outside a place of business, words or letters in Hebrew, or any character, sign, emblem, insignia or symbol in simulation thereof, without displaying in conjunction therewith in English letters of at least equal size as such characters a statement whether kosher only, nonkosher only, or both kosher and nonkosher meat, meat products, food or food products are sold therein.

B. Possession of nonkosher meat, meat products, food or food products by a person advertising the sale of kosher meat, meat products, food or food products only, is prima facie evidence of intent to defraud.
A.R.S. § 36-2907.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.01
36-2907.01 Eosinophilic gastrointestinal disorder; formula
Status: in_force

36-2907.01. Eosinophilic gastrointestinal disorder; formula

A. Any coverage that is offered by a contractor providing services to persons eligible pursuant to section 36-2901 and that contains a prescription drug benefit shall cover amino acid-based formula that is ordered by a physician or a registered nurse practitioner if:

1. The person has been diagnosed with an eosinophilic gastrointestinal disorder.

2. The person is under the continuous supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15.

3. There is risk of a mental or physical impairment without the use of the formula.

B. This section does not apply to limited benefit coverage as defined in section 20-1137.
A.R.S. § 36-3707 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3707
36-3707 Determining sexually violent person status; commitment procedures
Status: in_force

36-3707. Determining sexually violent person status; commitment procedures

A. The court or jury shall determine beyond a reasonable doubt if the person named in the petition is a sexually violent person. If the state alleges that the sexually violent offense on which the petition for commitment is based was sexually motivated, the state shall prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated.

B. If the court or jury determines that the person is a sexually violent person, the court shall either:

1. Commit the person to the custody of the department of health services for placement in a licensed facility under the supervision of the superintendent of the Arizona state hospital and shall receive care, supervision or treatment until the person's mental disorder has so changed that the person would not be a threat to public safety if the person was conditionally released to a less restrictive alternative or was unconditionally discharged.

2. Order that the person be released to a less restrictive alternative if the conditions under sections 36-3710 and 36-3711 are met.

C. If the court or jury does not determine beyond a reasonable doubt that the person is a sexually violent person, the court shall order the person's release.

D. If the person named in the petition was found incompetent to stand trial, the court first shall hear evidence and determine if the person committed the act or acts charged if the court did not enter a finding before the charges were dismissed. The court shall enter specific findings on whether the person committed the act or acts charged, the extent to which the person's incompetence to stand trial affected the outcome of the hearing, including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf, the extent to which the evidence could be reconstructed without the assistance of the person and the strength of the prosecution's case. If the court finds beyond a reasonable doubt that the person committed the act or acts charged, the court shall enter a final order to that effect and may then consider whether the person should be committed pursuant to this section.
A.R.S. § 36-1977 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1977
36-1977 Right to examine and copy evidence
Status: in_force

36-1977. Right to examine and copy evidence

In connection with a commission investigation conducted pursuant to section 36-1976, the commission at all reasonable times has the right to examine and copy any documents, reports, records or other physical evidence of any person being investigated or reports, records and any other documents maintained by and in the possession of any public or private agency if the commission believes this information is related to unprofessional conduct or the mental or physical ability of a licensee to practice pursuant to this article.
A.R.S. § 36-3202 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3202
36-3202 Revocation of health care directive; disqualification of surrogate
Status: in_force

36-3202. Revocation of health care directive; disqualification of surrogate

Except as provided in section 36-3285 in regard to a mental health care power of attorney, a person may revoke the person's own health care directive or disqualify a surrogate by doing any of the following:

1. Making a written revocation of a health care directive or a written statement to disqualify a surrogate.

2. Orally notifying the surrogate or a health care provider.

3. Making a new health care directive.

4. Any other act that demonstrates a specific intent to revoke or to disqualify a surrogate.
A.R.S. § 36-407.01 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 407.01
36-407.01 Hospitals; visitation; religious purposes
Status: in_force

36-407.01. Hospitals; visitation; religious purposes

A hospital shall provide notice of its visitation policy to a patient or the patient's representative. If a hospital's visitation policy allows in-person visitation of any kind and if authorized by the patient or the patient's representative, the hospital must facilitate the ability of clergy to visit the patient in person for religious purposes. Clergy must comply with reasonable health and safety precautions imposed by hospitals in connection with in-person visitation. If a hospital's visitation policy does not allow in-person visitation of any kind at all times or temporarily for health and safety reasons, the hospital must facilitate a virtual clergy visit using communication technology.
A.R.S. § 36-915 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 915
36-915 Enrichment, fortification and labeling of flour, cereals and related foods; penalty
Status: in_force

36-915. Enrichment, fortification and labeling of flour, cereals and related foods; penalty

A. The director shall adopt enrichment standards governing the identity and quantity of vitamins and minerals to be added to flour produced from small grain, corn and soybeans, and for any food products containing twenty five per cent or more of flour produced from small grain, corn or soybeans.

B. The director shall adopt fortification standards governing the identity and quantity of vitamins and minerals to be added to processed cereal.

C. Such standards shall not exceed those necessary for the protection of the public health and safety. In adopting standards the director shall consider the current enrichment and fortification standards established by the secretary of health, education and welfare under authority of federal law.

D. The director shall adopt rules and regulations governing labeling of enriched or fortified products which rules and regulations shall contain standards for listing of added ingredients and a statement of the quantity of each within stated limits.

E. It shall be unlawful for any person to manufacture, sell or offer for sale for human consumption any foods or food products not enriched, fortified or labeled in accordance with the requirements of this section or the standards adopted by the director pursuant to this section. The provisions of this subsection shall not apply to any person who sells or offers to sell such foods or food products in an isolated transaction or transactions which are not conducted as a primary or regular business operation for such person.
A.R.S. § 36-2916 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2916
36-2916 Release of claim by injured person ineffective as to system; action to enforce lien; release of lien
Status: in_force

36-2916. Release of claim by injured person ineffective as to system; action to enforce lien; release of lien

A. A release of a claim on which a lien is imposed pursuant to section 36-2915 is not valid or effective as against the lien unless the director joins in the release or executes a release of the lien.

B. If any amount has been or is to be collected by the injured person or his legal representative from or on account of the person, firm or corporation, including insurance carriers liable for liability or indemnity damages by reason of a judgment, settlement or compromise, the director may enforce the lien by action against the patient or the person, firm or corporation, including insurance carriers, liable for liability or indemnity damages. Such action shall be commenced and tried in the county in which the lien is filed, unless the court orders that the action be removed to another county for cause. If the director prevails in the action, the court may allow the administration its reasonable attorney fees and disbursements. Such an action shall be commenced within two years after the entry of the judgment or the making of the settlement or compromise.

C. Within thirty days after a lien established pursuant to section 36-2915 is satisfied, the director shall issue a release of the lien to the person, firm or corporation against which the lien was claimed. The release shall be a document which conforms to the requirements of section 11-480.
A.R.S. § 36-735 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 735
36-735 Notification of rights
Status: in_force

36-735. Notification of rights

A. An afflicted person who is ordered to receive court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article or, if a minor or incapacitated person, the afflicted person's parent or guardian shall be informed in writing of the following rights:

1. The right to appropriate care and treatment in accordance with accepted standards of medical practice and in an appropriate setting consistent with the protection of the afflicted person, the community and the public health.

2. The right not to receive unnecessary or excessive medication.

3. The right to refuse to participate in a research program.

4. A humane treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs.

B. The statement of rights shall be in the afflicted person's primary language, if reasonably possible and, if applicable, shall be provided through means reasonably calculated to communicate with a hearing impaired or visually impaired person.

C. The director of an institution or program that provides care pursuant to this article is responsible for the following:

1. To make reasonable efforts to provide for the care, safety and detention of the afflicted person and adequate security to prevent the afflicted person from leaving the institution or program without its permission or from transmitting the communicable disease to others in the community.

2. The examination and evaluation by a licensed physician at least once every thirty days and as medically necessary.

3. Reports advising the tuberculosis control officer or the local health officer of the status of the afflicted person's disease and the person's compliance with any orders or treatment plan.

4. Adequate prior notification under the circumstances to the tuberculosis control officer or the local health officer of the pending discharge of the afflicted person.
A.R.S. § 36-125.05 — Arizona Code / Title 36 / Chapter 1 / Article 1.1 / Section 125.05
36-125.05 Uniform patient reporting system; statistical and demographic reports; exemption
Status: in_force

36-125.05. Uniform patient reporting system; statistical and demographic reports; exemption

A. The department shall prescribe and implement a uniform patient reporting system for hospital inpatient and emergency department services.  The requirements imposed for this reporting system shall be substantially the same as the uniform billing requirements prescribed by the United States department of health and human services pursuant to titles XVIII and XIX of the social security act, as amended (42 United States Code sections 1395 through 1395pp), whether or not the effective date for the federal billing system is after January 31, 1984.

B. The department shall require hospitals to report inpatient statistical data designed to promote cost containment as the department determines. These data shall be derivable from the data obtained under the uniform patient reporting system prescribed by subsection A and, for all inpatient services, shall include the following:

1. The number of confinements.

2. The average length of stay.

3. The average charge per day.

4. The average charge per confinement, which is the product of the average length of stay multiplied by the average charge per day.

5. The average charge per confinement for each attending physician.

C. Each of the categories of data specified in subsection B shall be further categorized by one or more of the following methods as the department determines:

1. Discharge diagnoses.

2. Groupings of related diagnoses.

3. Groupings of diagnoses that typically have similar lengths of confinement.

4. Any other similar categories that may be determined by the department.

D. The department shall require hospital emergency departments to report outpatient service statistical data designed to promote cost containment. The department shall adopt rules establishing the procedures for reporting.  These data shall be derivable from the data obtained under the uniform patient reporting system prescribed in subsection A, and shall include the following:

1. Date of service.

2. Surgical procedures.

3. Related diagnosis.

4. Charges for services.

E. The department may require hospitals and emergency departments to report other clinical and demographic data regarding patient age, sex or insurance coverage for inpatient and emergency department services.

F. The state hospital is exempt from the reporting requirements imposed by subsections B, D and E.

G. The data from the period beginning January 1 and ending June 30 of each year shall be reported on or before August 15 of that year.  The data from the period beginning July 1 and ending December 31 of each year shall be reported on or before February 15 of the following year.

H. All reports filed pursuant to this section are open to public inspection at the offices of the department.  The department shall ensure that this public access to reports does not breach confidentiality of privileged medical information or privileged information on an individual's work performance or earnings.

I. If further investigation is considered necessary or desirable to verify the accuracy of information in reports submitted under this section, the department may further examine records and accounts related to the reporting requirements of this section.  The department shall bear the cost incurred in connection with this examination unless the department finds that the records examined are significantly deficient or incorrect, in which case the department may charge the cost of the investigation to the facility examined.
A.R.S. § 36-2903.12 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.12
36-2903.12 Hospital charge master transparency; joint annual report
Status: in_force

36-2903.12. Hospital charge master transparency; joint annual report

On or before January 2, 2020 and each year thereafter, the director of the Arizona health care cost containment system administration and the director of the department of health services shall submit a joint report on hospital charge master transparency to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy to the secretary of state. The report shall do all of the following:

1. Summarize the current charge master reporting process and hospital billed charges compared to costs.

2. Provide examples of how charge masters or hospital prices are reported and used in other states.

3. Include recommendations to improve this state's use of hospital charge master information, including reporting and oversight changes.
A.R.S. § 36-765.05 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.05
36-765.05 Fees; use
Status: in_force

36-765.05. Fees; use

The director, by rule, shall establish and collect nonrefundable fees for certification that are consistent with fees that are prescribed pursuant to section 36-1908.  The department shall deposit the fees in a segregated account in the health services licensing fund established by section 36-414.
A.R.S. § 36-146 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 146
36-146 Veteran suicides; annual report; distribution
Status: in_force

36-146. Veteran suicides; annual report; distribution

A. The department of health services shall annually compile a report on veteran suicides in this state that includes all of the following information:

1. The number and rate of veterans who died by suicide in this state's resident population for the most current complete calendar year.

2. Historic trends of veteran suicide rates and instances in this state's resident population covering at least the preceding five years.

3. Historic trends of rates and instances of the most common mechanism of suicide among this state's resident veterans.

4. An analysis of the years of potential life lost to suicide among this state's resident veterans.

5. Comparisons of this state's resident veteran suicide rate to the suicide rates of the nation and other regions of the country during the same time period as reported by the United States department of veterans affairs.

6. An analysis of the relative risk of suicide among this state's resident veterans, including demographic breakdowns by race or ethnicity, age group, gender and region of the state.

7. A regional distribution analysis of suicide patterns among this state's resident veterans that considers population density as a potential risk factor and informs the distribution of suicide prevention services within this state.

8. An analysis of patterns of drugs, or combinations of drugs, that were used by this state's resident veterans when drug poisoning was the mechanism of suicide.

9. An analysis of patterns of recent medical history of this state's resident veterans who died by suicide using data from the United States department of veterans affairs and from the Arizona health care cost containment system.  Data linkage completed for this analysis shall be used to inform suicide prevention strategies based on medical risk factors that significantly correlate to suicide.

10. Utilization and encounter data for a nonprofit veterans' services organization that provides services related to reducing suicides among this state's military and veteran populations.

B. The report required by this section may not contain any identifiers that would make it possible to personally identify in any manner or under any circumstance an individual who died by suicide.

C. The department of veterans' services shall submit to the department of health services on a form prescribed by the department of health services all data, including protected health information, if necessary, in order for the department of health services to comply with this section. The data may include national, state and local sources as available.

D. The information and records acquired by the department of health services to create the report required by this section are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceedings.

E. The department of health services shall provide the annual report required by this section to the speaker of the house of representatives, the president of the senate and the department of veterans' services and shall provide a copy to the secretary of state.
A.R.S. § 36-143 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 143
36-143 Care and treatment for residents twenty-one and older with cystic fibrosis; costs
Status: in_force

36-143. Care and treatment for residents twenty-one and older with cystic fibrosis; costs

A. The department of health services may develop and conduct a program of care and treatment services through appropriate treatment facilities for residents of this state suffering from cystic fibrosis who are twenty-one years of age and older. Costs of the program shall be borne by the state, subject to appropriation, except as provided by subsection B.

B. Care and treatment services shall be provided without cost to indigents as defined by the rules and regulations of the department of economic security. The cost of care and treatment services for indigents shall be borne by the county in the same manner as costs for medical care for the indigent sick of the county pursuant to title 11, chapter 2, article 7. All other persons shall pay, either directly or through some form of third-party coverage, for at least a portion of the costs of provided services based on a cost-sharing system established by the director of the department of health services. The cost-sharing system shall take into consideration the income and family size of the recipient and be adjusted annually to reflect fluctuations in the cost of living index.
A.R.S. § 36-771 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 771
36-771 Tobacco tax and health care fund
Status: in_force

36-771. Tobacco tax and health care fund

A. The tobacco tax and health care fund is established. The fund consists of all revenues deposited in the fund pursuant to sections 42-3252 and 42-3302 and interest earned on those monies.  On notice from the department, the state treasurer shall invest and divest monies in the fund and in all accounts in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. The fund shall be deposited in four separate accounts and shall be administered pursuant to the provisions of and for the purposes prescribed by this article.

C. Except as provided by subsection F of this section, the fund and its accounts are not subject to appropriation. Expenditures from each account are not subject to additional approval, notwithstanding any statutory provision to the contrary.

D. Monies in the fund and its accounts:

1. Do not revert to the state general fund under any circumstances.

2. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. Monies in the fund:

1. Shall be spent only for purposes that are authorized by this article.

2. Shall not be used for expenditures on capital construction projects, lobbying activities involving elected officials or political campaigns for individuals or any ballot proposal.

F. Notwithstanding any other provision of this section, the legislature may appropriate monies from the fund to the department of revenue for the reasonable administration and enforcement costs of the department in administering the levy of taxes that are dedicated to the fund pursuant to section 42-3252. The appropriation shall be applied before monies are deposited in the fund accounts. Any unused monies at the end of the fiscal year revert to the fund.
A.R.S. § 36-672 — Arizona Code / Title 36 / Chapter 6 / Article 4.1 / Section 672
36-672 Immunizations; department rules
Status: in_force

36-672. Immunizations; department rules

A. Consistent with section 15-873, the director shall adopt rules prescribing required immunizations for school attendance, the approved means of immunization and indicated reinforcing immunizations for diseases and identifying types of health agencies and health care providers that may sign a laboratory evidence of immunity. The rules shall include the required doses and recommended optimum ages for administration of the immunizations, persons who are authorized representatives to sign on behalf of a health agency and other provisions necessary to implement this article.

B. The director, in consultation with the superintendent of public instruction, shall develop by rule standards for documentary proof.

C. The following immunizations are not required for school attendance:

1. The immunization against the human papillomavirus.

2. An immunization for COVID-19 or any variant of COVID-19.

D. An immunization must be prescribed by a rule adopted pursuant to subsection A of this section before the immunization may be required for in-person school attendance.

E. Pursuant to section 1-602, this section does not preclude a parent's right to make health care decisions for the parent's minor child.
A.R.S. § 36-325.01 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 325.01
36-325.01 Delayed death certificate registration
Status: in_force

36-325.01. Delayed death certificate registration

If a death occurs in this state and is not registered within one year after the date of the death, the local registrar, deputy local registrar or state registrar shall register the death certificate as a delayed death certificate.
A.R.S. § 36-433 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 433
36-433 Receipt of report and complaint; investigation
Status: in_force

36-433. Receipt of report and complaint; investigation

On receipt of a notice pursuant to section 12-570 and a copy of a complaint as provided in section 12-570, the department may initiate an investigation into the matter to determine if the licensee is in violation of the statutes or rules governing licensure.
A.R.S. § 36-405.03 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 405.03
36-405.03 Memory care services standards; rules; staff training requirements; definition
Status: in_force

36-405.03. Memory care services standards; rules; staff training requirements; definition

A. The director shall establish by rule standards for memory care services for assisted living facilities that are licensed to provide directed care services.

B. The director shall establish by rule minimum training standards for memory care services for staff and contractors who work in an assisted living facility that is licensed to provide directed care services. The training standards shall include a minimum of eight hours of initial memory care services training and four hours of annual continuing education. In addition to the eight hours of initial training, the training standards for assisted living facility managers shall include a minimum of four hours of memory care services training that is specifically for assisted living facility managers. The department shall approve the memory care services training programs, and the training programs shall provide staff and contractors who complete the training a certificate of completion that may be used to work at any assisted living facility that is licensed to provide directed care services. If a staff member or contractor has not worked at an assisted living facility that is licensed to provide directed care services for a period of twelve months, the person is required to complete the initial training within thirty days after the date of hire, rehire or returning to work.

C. An assisted living facility that is licensed to provide directed care services is required to provide to the department during an investigation or compliance survey documentation of staff training as prescribed in subsection B of this section.  Failure to provide complete staff training documentation shall be cited as a deficiency.

D. For the purposes of this section, "memory care services" means services that support individuals with dementia and other progressive and neurodegenerative brain disorders, including specialized environmental features, care planning, directed care services, medication administration services, specialized accommodations, activity programming or other services required by the department in rule.
A.R.S. § 36-798.07 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.07
36-798.07 Possessing, accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; active military personnel under twenty-one years of age
Status: in_force

36-798.07. Possessing, accepting or receiving tobacco product, vapor product or tobacco or shisha instruments or paraphernalia; active military personnel under twenty-one years of age

A. A person who is at least eighteen years of age may possess, accept, receive or use a tobacco product, a vapor product or any instrument or paraphernalia that is solely designed for smoking or ingesting tobacco or shisha as defined in section 13-3622, including a hookah or waterpipe, only if all of the following apply:

1. The person is currently serving as a member of the national guard, the United States armed forces reserves or the active component of the United States armed forces.

2. The use or possession of the tobacco product, vapor product or any instrument or paraphernalia is allowed by the regulations and policies of the United States department of defense or the branch of the United States armed forces in which the person is serving.

3. The person holds a valid military identification card that is issued by the United States department of defense or the branch of the United States armed forces in which the person is serving.

B. This section does not apply to any person who is either:

1. No longer serving as a member of the national guard, the United States armed forces reserves or the active component of the United States armed forces.

2. Under eighteen years of age.