A.R.S. § 36-136.01 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 136.01
36-136.01 Sanitarians council; members; registration; examinations; continuing education; renewal; fees; definition
Status: in_force

36-136.01. Sanitarians council; members; registration; examinations; continuing education; renewal; fees; definition

A. The director shall establish a sanitarians council composed of five members. The members shall be the director or the director's representative, two governmental sanitarians, one of whom represents the two largest counties and one of whom represents the thirteen smaller counties, one industrial sanitarian and one layperson who represents the public. The director shall be the council chairman.  Members of the council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

B. The council shall provide for the classification of sanitarians, establish standards for persons employed as sanitarians and provide for the examination of applicants for registration as sanitarians. A person shall not be employed as a sanitarian by this state or any political subdivision of this state unless that person is registered by the department as a sanitarian of the class determined by the council to be appropriate for the performance of the functions of that person's employment.

C. The council may register an applicant as a sanitarian without an examination if both of the following are true:

1. The applicant is registered, certified or licensed as a sanitarian in another jurisdiction and pays all applicable fees prescribed pursuant to this section.

2. The council determines that the applicant meets at least one of the requirements prescribed pursuant to subsection I of this section and the examination requirements in the applicant's regulatory jurisdiction are substantially equivalent to this state's examination requirements.

D. Each registration expires on December 31 of each year.  To renew a registration, the registrant must submit an application that contains the information prescribed by the director by rule and documentation of completion of at least ten hours of council-approved continuing education during the previous twelve months.  A registrant who has been registered for less than twelve months before the registration expiration date is not required to complete continuing education for the year that immediately precedes registration renewal. A registrant who does not renew the registration on or before February 15 of each year shall not perform the duties of a registered sanitarian.

E. Pursuant to rules adopted by the director, the council may defer the continuing education requirements prescribed in subsection D of this section.

F. The council shall charge and collect a nonrefundable application fee of $25. The council shall charge and collect a nonrefundable examination fee established by the director by rule that does not exceed the cost of administering the examination. A fee of $10 shall be charged and collected for the annual renewal of registration certificates.

G. All monies collected by the sanitarians council shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

H. Only a person with a valid registration certificate issued pursuant to this section may use the title "registered sanitarian" or the abbreviation "R.S." after the registrant's name.

I. An applicant is eligible for registration as a sanitarian if the applicant meets at least one of the following qualifications:

1. Has completed three years of employment as a sanitarian aide in either a recognized public health agency or private industry in a position directly related to environmental health.

2. Has satisfactorily completed at least three years of full-time military duty in the field of environmental health.

3. Has successfully completed thirty semester hours of credit at an accredited college or university in subjects relevant to the role of sanitarian, including twenty-two semester hours in the natural sciences, as approved by the sanitarians council.

J. For the purposes of this section, "sanitarian" means a person who by education or experience in the physical, biological and sanitary sciences is qualified to carry out educational, investigational and technical duties in the field of environmental health.
A.R.S. § 36-2907.08 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.08
36-2907.08 Basic children's medical services program; definition
Status: reserved

36-2907.08. Basic children's medical services program; definition

(Conditionally Rpld.)

A. Beginning on October 1, 1996, the basic children's medical services program is established to provide grants to hospitals that exclusively serve the medical needs of children or that operate programs designed primarily for children.  The director of the department of health services, pursuant to an intergovernmental agreement with the director of the Arizona health care cost containment system and subject to the availability of monies, shall implement and operate this program only to the extent that funding is available and has been specifically dedicated for the program.

B. To receive a grant under this section, a hospital shall submit an application as prescribed by the director of the department of health services in a request for proposal that indicates to the director's satisfaction that the applicant agrees to:

1. Use grant program monies to enhance the applicant's provision of additional medical services to children and to improve the applicant's ability to deliver inpatient, outpatient and specialized clinical services to indigent, uninsured or underinsured children who are not eligible to receive services under this article.

2. Establish and enforce a sliding fee scale for children who are provided services with grant monies.

3. Account for monies collected pursuant to paragraph 2 of this subsection separately from all other income it receives and to report this income on a quarterly basis to the administration.

4. Use the grant to supplement monies already available to the applicant.

5. Match the grant as prescribed by the director by rule with private monies the applicant has pledged from private sources. The director shall waive this requirement if the applicant is seeking the grant to qualify for a private or public grant for the delivery of inpatient, outpatient or specialized clinical care of indigent, uninsured or underinsured children who are not eligible to receive services under this article.

6. Provide a mechanism to ensure that grant program monies are not used for children who are eligible for services under this article.

7. Not use grant monies to fund the provision of emergency room services.

C. By contract, the director of the department of health services shall require a grantee to:

1. Annually account for all expenditures it makes with grant program monies during the previous year.

2. Agree to cooperate with any audits or reviews conducted by this state.

3. Agree to the requirements of this section and other conditions the director determines to be necessary for the effective use of grant program monies.

D. The director of the department of health services may limit either or both the grant amount per contract or the number of contracts awarded. In awarding contracts to qualified applicants the director shall consider:

1. The amount of monies available for the grant program.

2. The need for grant monies in the area served by the applicant as stated by the applicant in the response to the request for proposals and as researched by the administration.

3. The number of children estimated to be served by the applicant with grant program monies.

4. The services that will be provided or made available with grant program monies.

5. The percentages of grant monies that the applicant indicates will be reserved for administrative expenditures, direct service expenditures and medical care personnel costs.

6. The financial and programmatic ability of the applicant to meet the contract's requirements.

E. If the department of health services determines that a hospital has used grant monies in violation of this section, it shall prohibit that hospital from receiving additional grant program monies until the hospital reimburses the department.  The department shall impose an interest penalty as prescribed by the director of the department of health services by rule. The director shall deposit, pursuant to sections 35-146 and 35-147, penalties collected under this section in the medically needy account of the tobacco tax and health care fund.

F. The director of the department of health services may expend monies from the medically needy account of the tobacco tax and health care fund for the purpose of funding evaluations of the grant program established by this section. The director shall ensure that any evaluation is structured to meet at least the base requirements prescribed in section 36-2907.07.

G. The director of the department of health services may expend monies from the medically needy account of the tobacco tax and health care fund for administrative costs associated with the establishment or the operation of the grant program. The amount withdrawn annually for grant program administrative costs shall not exceed two percent of the sum of any transfers of monies and any appropriation of monies for the specified purpose of supporting the nonentitlement basic children's medical services program established in this section.

H. The department of health services shall directly administer the grant program and all contracts established pursuant to this section. The director of the department of health services shall publish rules pursuant to title 41, chapter 6 for the grant program before the issuance of the initial grant program request for proposals. The director of the department of health services and the contractor shall sign a contract before the transmission of any tobacco tax and health care fund monies to the contractor.

I. In administering the basic children's medical services program and awarding contracts established pursuant to this section, the director of the department of health services shall seek to efficiently and effectively coordinate the delivery of services provided through the program with services provided through other programs, including those established pursuant to sections 36-2907.05, 36-2907.06 and 36-2912. The director shall seek to ensure that this coordination results in providing for either or both the coverage of additional children or the provision of additional medically necessary services to children instead of supplanting existing service opportunities or duplicating existing programs with no attendant increase in coverage.

J. For the purposes of this section, "grant program" refers to the basic children's medical services program.
A.R.S. § 36-436.03 — Arizona Code / Title 36 / Chapter 4 / Article 3 / Section 436.03
36-436.03 Public availability of rates and charges
Status: in_force

36-436.03. Public availability of rates and charges

A home health agency, supervisory care home and a hospice shall furnish a copy of the institution's rates and charges to the public on request.
A.R.S. § 36-1940.11 — Arizona Code / Title 36 / Chapter 17 / Article 4.1 / Section 1940.11
36-1940.11 Audiologists and speech-language pathologists; compact
Status: in_force

36-1940.11. Audiologists and speech-language pathologists; compact

SECTION 1. PURPOSE

A. The purpose of this compact is to facilitate the interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client or student is located at the time of the patient, client or student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

B. This compact is designed to achieve the following objectives:

1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses.

2. Enhance the states' ability to protect the public's health and safety.

3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice.

4. Support spouses of relocating active duty military personnel.

5. Enhance the exchange of licensure, investigative and disciplinary information between member states.

6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.

7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.

SECTION 2. DEFINITIONS

As used in this compact, and except as otherwise provided, the following definitions apply:

1. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 United States Code chapters 1209 and 1211.

2. "Adverse action" means any administrative, civil, equitable or criminal action allowed by a state's laws that is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice.

3. "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.

4. "Audiologist" means an individual who is licensed by a state to practice audiology.

5. "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.

6. "Audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.

7. "Audiology and speech-language pathology licensing board", "audiology licensing board", "speech-language pathology licensing board" or "licensing board" means the agency of a state that is responsible for licensing and regulating audiologists or speech-language pathologists, or both.

8. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules.  The practice of audiology or speech-language pathology occurs in the member state where the patient, client or student is located at the time of the patient, client or student encounter.

9. "Data system" means a repository of information about licensees, including continuing education, examination, licensure, investigative, compact privilege and adverse action.

10. "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and the adverse action has been reported to the national practitioners data bank.

11. "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.

12. "Home state" means the member state that is the licensee's primary state of residence.

13. "Impaired practitioner" means an individual whose professional practice is adversely affected by substance abuse, addiction or another health-related condition.

14. "Investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.

15. "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.

16. "Member state" means a state that has enacted the compact.

17. "Privilege to practice" means a legal authorization allowing the practice of audiology or speech-language pathology in a remote state.

18. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.

19. "Rule" means a regulation, principle or directive promulgated by the commission that has the force of law.

20. "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

21. "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.

22. "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.

23. "State" means any state, commonwealth, district or territory of the United States that regulates the practice of audiology and speech-language pathology.

24. "State practice laws" means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.

25. "Telehealth" means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention or consultation.

SECTION 3. STATE PARTICIPATION IN THE COMPACT

A. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing the audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.

B. A state must implement or use procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records, as follows:

1. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.

2. Communication between a member state and the commission and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.

C. On application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.

D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.

E. An audiologist must meet all of the following requirements:

1. One of the following educational requirements:

(a) On or before December 31, 2007, graduated with a master's degree or doctorate in audiology, or an equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

(b) On or after January 1, 2008, graduated with a doctoral degree in audiology, or an equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

(c) Graduated from an audiology program that is housed in an institution of higher education outside of the United States, and the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

2. Completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission.

3. Successfully passed a national examination approved by the commission.

4. Hold an active, unencumbered license.

5. Not have been convicted or found guilty, and not have entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law.

6. Have a valid United States social security or national practitioner identification number.

F. A speech-language pathologist must meet all of the following requirements:

1. One of the following educational requirements:

(a) Graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the board.

(b) Graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States, and the program and institution have been approved by the authorized accrediting body in the applicable country and the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program.

2. Completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission.

3. Completed a supervised postgraduate professional experience as required by the commission.

4. Successfully passed a national examination approved by the commission.

5. Hold an active, unencumbered license.

6. Not have been convicted or found guilty, and not have entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law.

7. Have a valid United States social security or national practitioner identification number.

G. The privilege to practice is derived from the home state license.

H. An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practices as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts and the laws of the member state in which the client is located at the time service is provided.

I. Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state.  This compact does not affect the requirements established by a member state for the issuance of a single-state license.

J. Member states may charge a fee for granting a compact privilege.

K. Member states must comply with the bylaws and rules and regulations of the commission.

SECTION 4. COMPACT PRIVILEGE

A. To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:

1. Hold an active license in the home state.

2. Have no encumbrance on any state license.

3. Be eligible for a compact privilege in any member state in accordance with section 3 of this compact.

4. Not have had any adverse action against any license or compact privilege within the previous two years from date of application.

5. Notify the commission that the licensee is seeking the compact privilege within a remote state or remote states.

6. Pay any applicable fees, including any state fee, for the compact privilege.

7. Report to the commission any adverse action taken by any nonmember state within thirty days after the date the adverse action is taken.

B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall hold only one home state license at a time.

C. Except as provided in section 6 of this compact, if an audiologist or speech-language pathologist changes the person's primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.

D. The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.

E. A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.

F. If an audiologist or speech-language pathologist changes the person's primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.

G. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection A of this section to maintain the compact privilege in the remote state.

H. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

I. A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority.  A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines and take any other necessary actions to protect the health and safety of its citizens.

J. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until both of the following occur:

1. The home state license is no longer encumbered.

2. Two years have elapsed from the date of the adverse action.

K. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection A of this section to obtain a compact privilege in any remote state.

L. Once the requirements of subsection J of this section have been met, the licensee must meet the requirements prescribed in subsection A of this section to obtain a compact privilege in a remote state.

SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH

Member states shall recognize the right of an audiologist or speech-language pathologist who is licensed by a home state in accordance with section 3 of this compact and under rules promulgated by the commission to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission.

SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing.  The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall change the individual's home state only through an application for licensure in the new state.

SECTION 7. ADVERSE ACTIONS

A. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:

1. Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.

2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.  Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.

3. Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.

B. For the purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

C. The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes the individual's primary state of residence during the course of the investigations.  The home state shall also have the authority to take appropriate action or actions and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.

D. If otherwise allowed by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.

E. The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.

F. With respect to joint investigations:

1. In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.

2. Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact.

G. If an adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license.  All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.

H. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.

I. This compact does not override a member state's decision that participation in an alternative program may be used in lieu of adverse action.

SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND

SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSION

A. The compact member states hereby create and establish a joint public agency known as the audiology and speech-language pathology compact commission, to which the following apply:

1. The commission is an instrumentality of the compact states.

2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.  The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

B. Membership, voting and meetings of the commission are as follows:

1. Each member state shall have two delegates selected by that member state's licensing board.  The delegates shall be current members of the licensing board.  One shall be an audiologist and one shall be a speech-language pathologist.

2. An additional five delegates, who are either public members or board administrators from a state licensing board, shall be chosen by the executive committee from a pool of nominees provided by the commission at large.

3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

4. The member state board shall fill any vacancy occurring on the commission within ninety days.

5. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission.

6. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.

7. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

C. The commission shall have the following powers and duties:

1. Establish the fiscal year of the commission.

2. Establish bylaws.

3. Establish a code of ethics.

4. Maintain its financial records in accordance with the bylaws.

5. Meet and take actions as are consistent with the provisions of this compact and the bylaws.

6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states.

7. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected.

8. Purchase and maintain insurance and bonds.

9. Borrow, accept or contract for services of personnel, including employees of a member state.

10. Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters.

11. Accept any appropriate donations and grants of monies, equipment, supplies, materials and services and receive, use and dispose of the same, provided that at all times the commission shall avoid any appearance of impropriety and conflict of interest.

12. Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, whether real, personal or mixed, provided that at all times the commission shall avoid any appearance of impropriety.

13. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed.

14. Establish a budget and make expenditures.

15. Borrow monies.

16. Appoint committees, including standing committees composed of members and other interested persons as may be designated in this compact and the bylaws.

17. Provide and receive information from, and cooperate with, law enforcement agencies.

18. Establish and elect an executive committee.

19. Perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.

D. The executive committee shall have the power to act on behalf of the commission according to the terms of this compact. The executive committee shall be composed of ten members as follows:

1. Seven voting members who are elected by the commission from the current membership of the commission.

2. Two ex officio members, one of whom is a nonvoting member from a recognized national audiology professional association and one of whom is a nonvoting member from a recognized national speech-language pathology association.

3. One ex officio member who is a nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.

E. The following pertain to the executive committee:

1. Ex officio members shall be selected by their respective organizations, and the commission may remove any member of the executive committee as provided in the bylaws.

2. The executive committee shall meet at least annually.

3. The executive committee shall have the following duties and responsibilities:

(a) Recommend to the entire commission changes to the rules or bylaws, this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the compact privilege.

(b) Ensure that compact administration services are appropriately provided, contractual or otherwise.

(c) Prepare and recommend the budget.

(d) Maintain financial records on behalf of the commission.

(e) Monitor compact compliance of member states and provide compliance reports to the commission.

(f) Establish additional committees as necessary.

(g) Perform any other duties as provided in rules or bylaws.

F. All meetings of the commission shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions prescribed in section 10 of this compact.

G. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss any of the following:

1. Noncompliance of a member state with its obligations under this compact.

2. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures.

3. Current, threatened or reasonably anticipated litigation.

4. Negotiation of contracts for the purchase, lease or sale of goods, services or real estate.

5. The accusation of any person of a crime or the formal censuring of any person.

6. The disclosure of trade secrets or commercial or financial information that is privileged or confidential.

7. The disclosure of information of a personal nature if the disclosure would constitute a clearly unwarranted invasion of personal privacy.

8. The disclosure of investigative records compiled for law enforcement purposes.

9. The disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact.

10. Matters specifically exempted from disclosure by federal or member state statute.

H. If a meeting, or portion of a meeting, is closed pursuant to this section, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

I. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes.  All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

J. Financing of the commission is as follows:

1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.

2. The commission may accept any appropriate revenue sources, donations and grants of monies, equipment, supplies, materials and services.

3. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources.  The aggregate annual assessment amount shall be allocated based on a formula to be determined by the commission, which shall promulgate a rule binding on all member states.

4. The commission shall not incur obligations of any kind before securing the monies adequate to meet the same, and the commission shall not pledge the credit of any of the member states, except by and with the authority of the member state.

5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. All receipts and disbursements of monies handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

K. Qualified immunity, defense and indemnification are as follows:

1. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities.  This paragraph does not protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional or wilful or wanton misconduct of that person.

2. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, provided that this paragraph shall not be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or wilful or wanton misconduct.

3. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from the intentional or wilful or wanton misconduct of that person.

SECTION 9. DATA SYSTEM

A. The commission shall provide for the development, maintenance and use of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states.

B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact applies as required by the rules of the commission, including:

1. Identifying information.

2. Licensure data.

3. Adverse actions against a license or compact privilege.

4. Nonconfidential information related to alternative program participation.

5. Any denial of an application for licensure and the reason or reasons for denial.

6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.

C. Investigative information pertaining to a licensee in any member state shall be available only to other member states.

D. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.

E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

SECTION 10. RULEMAKING

A. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

B. If a majority of the legislatures of the member states rejects a rule, by enacting a statute or resolution in the same manner used to adopt the compact within four years after the date of adoption of the rule, the rule shall have no further force and effect in any member state.

C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.

D. Before promulgation and adoption of a final rule or rules by the commission, and at least thirty days in advance of the meeting at which the rule shall be considered and voted on, the commission shall file a notice of proposed rulemaking both:

1. On the website of the commission or other publicly accessible platform.

2. On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

E. The notice of proposed rulemaking shall include all of the following:

1. The proposed time, date and location of the meeting in which the rule shall be considered and voted on.

2. The text of the proposed rule or amendment and the reason for the proposed rule.

3. A request for comments on the proposed rule from any interested person.

4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.

F. Before the adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.

G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by either:

1. At least twenty-five persons.

2. A state or federal governmental subdivision or agency.

3. An association having at least twenty-five members.

H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. Additionally:

1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing at least five business days before the scheduled date of the hearing.

2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

3. All hearings shall be recorded.  A copy of the recording shall be made available on request.

4. This section does not require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.

I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.

J. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.

K. The commission, by majority vote of all members, shall take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

L. On determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or a hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible but not later than ninety days after the effective date of the rule. For the purposes of this subsection, an emergency rule is one that must be adopted immediately in order to do any of the following:

1. Meet an imminent threat to public health, safety, or welfare.

2. Prevent a loss of commission or member state monies.

3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.

M. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors.  Public notice of any revisions shall be posted on the website of the commission.  The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule.  A challenge shall be made in writing and delivered to the chairperson of the commission before the end of the notice period.  If no challenge is made, the revision shall take effect without further action.  If the revision is challenged, the revision may not take effect without the approval of the commission.

SECTION 11. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT

A. Dispute resolution shall be as follows:

1. On request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.

2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

B. Enforcement shall be as follows:

1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.

2. By majority vote, the commission may initiate legal action in the United States district court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing member state shall be awarded all costs of litigation, including reasonable attorney fees.

3. The remedies in this compact are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.

SECTION 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION

FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND

ASSOCIATED RULES, WITHDRAWAL AND AMENDMENT

A. This compact is effective on the date on which the compact statute is enacted into law in the tenth member state.  The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to implement and administer this compact.

B. Any state that joins this compact after the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.

C. Any member state may withdraw from this compact by enacting a statute repealing the compact, as follows:

1. A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.

2. Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this compact before the effective date of withdrawal.

D. This compact does not invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.

E. This compact may be amended by the member states. An amendment to this compact does not become effective and binding on any member state until it is enacted into the laws of all member states.

SECTION 13. CONSTRUCTION AND SEVERABILITY

This compact shall be liberally construed so as to effectuate the purposes thereof.  The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact is held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.

SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS

A. This compact does not prevent the enforcement of any other law of a member state that is not inconsistent with this compact.

B. All laws in a member state in conflict with this compact are superseded to the extent of the conflict.

C. All lawful actions of the commission, including all rules and bylaws promulgated by the commission, are binding on the member states.

D. All agreements between the commission and the member states are binding in accordance with their terms.

E. If any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
A.R.S. § 36-3910 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3910
36-3910 Inspection of camps; revocation of license
Status: in_force

36-3910. Inspection of camps; revocation of license

A. The department of health services shall make an annual inspection of each children's camp and where upon inspection it is found that there is a failure to comply with any of the standards prescribed by this chapter, the department shall give notice to the camp operator of such failure, which notice shall set forth the law violated.

B. The camp operator shall have a reasonable time after receiving such notice in which to correct such failure and to comply with the standards prescribed by this chapter. In the event the camp operator fails to comply with the requirements of such notice within a reasonable time the department may suspend or revoke his license.
A.R.S. § 36-2803.01 — Arizona Code / Title 36 / Chapter 28.1 / Section 2803.01
36-2803.01 New dispensary registration certificates; issuance; priority; requirements; definition
Status: in_force

36-2803.01. New dispensary registration certificates; issuance; priority; requirements; definition

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318)

A. Beginning on April 1, 2020, the department shall issue all new nonprofit medical marijuana dispensary registration certificates in the following order of priority based on the dispensary's geographic area as described in the registration certificate application:

1. The geographic area had a registered nonprofit medical marijuana dispensary move from the geographic area and the geographic area is at least twenty-five miles from another dispensary that has been issued a dispensary registration certificate.

2. The geographic area is at least twenty-five miles from another dispensary that has been issued a dispensary registration certificate.

3. According to rule, if there are no dispensary registration certificate applications as described in paragraph 1 or 2 of this subsection.

B. If the department receives multiple applications as described in subsection A, paragraph 1 of this section from previously approved nonprofit medical marijuana dispensary locations, the department shall approve the certificate for the application that serves the most qualifying patients within five miles of the proposed dispensary location.  If the department receives multiple applications as described in subsection A, paragraph 2 of this section or if there are no applications from previously approved dispensary locations, the department may issue the registration certificate by random drawing.

C. A nonprofit medical marijuana dispensary that receives a registration certificate pursuant to subsection A, paragraph 1 or 2 of this section on or after April 1, 2020 must open the dispensary at the approved location within eighteen months after the application is approved or the registration certificate becomes invalid.

D. A nonprofit medical marijuana dispensary that is issued a registration certificate pursuant to subsection A, paragraph 1 or 2 of this section may relocate only as follows:

1. If the dispensary is located within a city or town, only within that city or town.

2. If the dispensary is located within an unincorporated area, only within the unincorporated area of the county where the dispensary is located but not within twenty-five miles from another dispensary that has been issued a dispensary registration certificate.

E. For the purposes of this section, "geographic area" means a city, town or unincorporated area of a county.
A.R.S. § 36-557 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 557
36-557 Community developmental disability services; service providers
Status: in_force

36-557. Community developmental disability services; service providers

A. The department may use state and federal monies that are appropriated or otherwise available to it for this purpose to assist in establishing and maintaining local developmental disability services by public or private nonprofit or profit agencies. The monies may be expended as professional fees for service, in contracts for advancement or reimbursement or in another appropriate manner and may be used for any purpose necessary to provide local developmental disability services. The monies may not be used for departmental salaries, care of persons with developmental disabilities by the department or any other purpose within the department, but may be used for consultation to the department in the interest of local programs.

B. A local public or private nonprofit or profit agency providing or intending to provide community developmental disability services and desiring to contract with the department to furnish these services shall submit a program plan and budget to the department on the forms and in the manner required by the department. If the program meets departmental standards and is consistent with the state plan of the department and the individualized service program plan of the client, the department, notwithstanding the provisions of title 41, chapter 23, relating to procurement and including services pursuant to section 36-2943, may contract with that agency for required services on terms the department requires. The contracts shall provide that the provider of services is subject to a continuing program evaluation by the department through progress reports, expenditure reports, program audits or other appropriate evaluation techniques to ensure that the provider of service is in continued compliance with the terms of the contract and the department's community developmental disability service standards and requirements.

C. Contracts between the department and a school district or districts are subject to approval by the department of education.

D. This article does not make the department or the state responsible for funding programs beyond the limits of legislative appropriation for the programs. This article does not require a service provider to provide unreimbursed services to the department or its clients.

E. Contracts to provide community developmental disability services shall require that:

1. The contractor is obligated to operate a program or service in strict accordance with the standards adopted for that program or service by the department.

2. If state funding is provided for a particular program the contractor, to the extent of positions available that are being purchased by the department, shall provide services to a client with a developmental disability who has been evaluated and placed by the department.

3. All contractors must carry liability insurance in amounts approved by the risk management division of the department of administration and file proof of insurance with the risk management division. The director may waive that requirement on a case-by-case basis on a finding that insurance for the program or service is not practicably available at affordable rates and that it is necessary that the program or service be provided by the contractor.

4. All clients enrolled in programs have all the same specified rights as they would have if enrolled in a program operated directly by the state.

5. Except for emergency placement pursuant to section 36-560, subsection N, payment shall not be made based on program services provided to a client if a placement evaluation has not been made, and no individual program has been prepared and when, based on that placement evaluation, no recommendation has been made to enroll the client in the particular program service.

F. This article does not require a contracted agency to provide unreimbursed services to the department or a client of the department.

G. Contracts to purchase residential care services other than those community residential settings licensed pursuant to this chapter, in addition to other general requirements applicable to purchase of care contractors, shall:

1. Provide for mandatory inspection by the department every two years for facilities other than group homes.

2. Provide for mandatory monitoring by the department for health, safety, contractual and programmatic standards at least every six months, unless the department has granted deemed status to the service provider or the service provider received a score of at least ninety-five percent on the most recent monitoring visit. If the department has granted deemed status or awarded the service provider with a score of at least ninety-five percent on the most recent monitoring visit, the department shall monitor that service provider once each year. On a determination by the department that there is reasonable cause to believe a service provider is not adhering to the department's programmatic or contractual requirements, the department and any duly designated employee or agent of the department may enter on and into the premises at any reasonable time for the purpose of determining the service provider's state of compliance with the department's programmatic or contractual requirements.

3. Provide for mandatory investigation by the department in response to complaints within ten working days, except that in those instances that pose a danger to the client, the department shall conduct the investigation immediately. Health and safety complaints related to group homes shall be referred to the department of health services on receipt. The department of health services shall share all incident reports related to health and safety with the division of developmental disabilities.

4. Except for group homes licensed by the department of health services, specify the health and safety and sanitation codes and other codes or standards applicable to the facility or to the operation of the facility by the contractor other than group homes.

5. Provide for mandatory periodic reports to be filed by the provider contractor with the department with respect to the operation of the facility.

6. Provide that the facility and the books and records of the facility and of the provider are subject to inspection at any time by employees of the department or designees of the department.

7. Provide that parents and guardians of persons with developmental disabilities residing at the facility, members of the developmental disabilities advisory council, and members of other recognized and ongoing advocacy groups for persons with developmental disabilities may inspect the facility at reasonable times.

H. Contracts for the purchase of residential care services shall require a community residential setting to be licensed pursuant to this chapter other than group homes, behavioral-supported group homes and nursing-supported group homes that are licensed by the department of health services.

I. Contracts for the purchase of day program or employment services, in addition to the other general requirements applicable to the purchase of client services, must provide for mandatory monitoring by the department for health, safety, contractual, programmatic and quality assurance standards at least once every six months, unless the department has granted deemed status to the service provider. If the department has granted deemed status to the service provider, the department shall monitor that service provider once each year. The department and any duly designated employee or agent of the department may enter on or into the service provider's premises at any reasonable time for the purpose of determining the service provider's state of compliance with the department's programmatic, contractual and quality assurance requirements.

J. The division shall ensure that all contracted developmental disabilities service providers rendering services pursuant to this chapter are reimbursed in accordance with title XIX of the social security act.

K. Contracts for client services issued by the department shall include language outlining the provisions for a grievance and appeal procedure. The director shall provide notice to service providers not less than thirty days before the issuance of an amendment to a qualified vendor agreement. The decision of the director regarding qualified vendor agreement amendments may be appealed pursuant to title 41, chapter 6, article 10. The grievance process applicable to these contracts shall comply with title XIX requirements.

L. As a condition of contracts with any developmental disabilities service provider, the director shall require terms that conform with state and federal laws, title XIX statutes and regulations and quality standards. The director shall further require contract terms that ensure performance by the provider of the provisions of each contract executed pursuant to this article.

M. The division shall establish a rate structure that ensures an equitable funding basis for private nonprofit or for-profit agencies for services pursuant to subsection B of this section and section 36-2943. In each fiscal year, the division shall review and adjust the rate structure based on section 36-2959.  A rate book shall be published and updated by the division to announce the rate structure that shall be incorporated by reference in contracts for client services.

N. The division shall disclose to a service provider in the individual program plan, and in all meetings resulting from a response to a vendor call, any historical and behavioral information necessary for the service provider to be able to anticipate the client's future behaviors and needs, including summary information from the program review committee, unusual incident reports reviewed by the independent oversight committee and behavioral treatment plans. The division shall redact the client's identification from this information.

O. Service providers are authorized to engage in the following activities in accordance with a client's individual program plan:

1. Administer medications, including assisting with the client's self-administration of medications.

2. Log, store, remove and dispose of medications.

3. Maintain medications and protocols for direct care.

4. Serve as the client's representative payee if requested by the client or the client's guardian and approved by the payer.

P. The department may adopt rules establishing procedures for engaging in the activities listed in subsection O of this section.

Q. To protect the health and safety of a client, a service provider must notify the division within twenty-four hours if an emergency situation exists in which the service provider is unable to meet the health or safety needs of the client.

R. On notification of an emergency situation, the department shall hold an individual program plan meeting within fifteen days after notification to recommend any changes, including whether there is a need for temporary additional staffing to provide appropriate care for a client, and develop a plan within thirty days after notification to resolve the situation.

S. Service providers shall develop and implement policies and procedures regarding the communication to responsible persons of a serious incident affecting a client who is living in a community residential setting within twenty-four hours after the serious incident occurs.
A.R.S. § 36-2970.01 — Arizona Code / Title 36 / Chapter 29 / Article 2.1 / Section 2970.01
36-2970.01 Verification and billing; direct care services; assessment
Status: in_force

36-2970.01. Verification and billing; direct care services; assessment

A. The department shall implement the following:

1. An electronic visit verification system that delineates that a parent or a nonparent provider is providing the direct care services.

2. Unique modifiers for delineating both:

(a) Whether a parent or nonparent provided the direct care services.

(b) Attendant care services and habilitation services.

B. A parent may not bill for attendant care services provided while the minor child is not present, including while the minor child is at school, or when the minor child is in inpatient care or receiving care in a clinical setting.  A parent caregiver may not bill for attendant care services for housekeeping, laundry or meal preparation that would ordinarily be performed by a parent of a minor child who does not have a disability.

C. The administration and the department shall provide to the staff of the joint legislative budget committee at the end of each calendar quarter a report on the utilization of attendant care services and habilitation services by parent caregivers under the parents as paid caregivers program.  The report shall also include all of the following:

1. The annual growth in the number of parents and members enrolled in the program.

2. The number of emergency department visits and inpatient hospitalizations in the calendar quarter.

3. The approved annual hours delineated by primary diagnosis.

4. How long a member who receives care under the parents as paid caregivers program has been enrolled in the Arizona long-term care system.

D. On or before October 1, 2025, the administration shall adopt and the department shall implement a strengthened standardized assessment tool to determine the need for extraordinary care for minor children under the program.  The assessment tool shall separate household tasks that would ordinarily be performed by a parent of a minor child who does not have a disability.
A.R.S. § 36-1424 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1424
36-1424 Supplemental nature of article
Status: in_force

36-1424. Supplemental nature of article

The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.
A.R.S. § 36-553 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 553
36-553 Developmental disabilities advisory council; membership; duties; reporting requirements
Status: in_force

36-553. Developmental disabilities advisory council; membership; duties; reporting requirements

A. The developmental disabilities advisory council is established consisting of the following members:

1. One parent or guardian of a child who is under eighteen years of age and who has a developmental disability.

2. One parent or guardian of a child who is eighteen years of age or older and who has a developmental disability.

3. One parent of a child who is served through the Arizona early intervention program.

4. One member of the private sector who represents an agency that is certified to provide in-home services to persons with developmental disabilities.

5. Two members of the private sector who are contracted with the division to deliver services to persons with developmental disabilities, one who represents a provider of residential services and one who represents a provider of adult day services including employment services.

6. Two members with a developmental disability who receive services from the division.

7. Two members who each represent a different developmental disability advocacy organization.

8. One member who is from the designated protection and advocacy organization.

9. One member who represents a nonprofit organization providing direct advocacy to families with children with developmental disabilities.

10. The director of the Arizona health care cost containment system administration or the director's designee. This person is a nonvoting member.

11. The assistant director of the division of developmental disabilities. This person is a nonvoting member.

12. One member who is from the developmental disabilities planning council.

13. One member who represents foster parents of children with developmental disabilities.

14. One member from the independent oversight committee on persons with developmental disabilities established by section 41-3801.

B. The governor shall appoint all voting members. Voting members and their families shall not be employees of the department of economic security. In making these appointments, the governor shall select at least five members who are clients or guardians, parents or other family members of persons with developmental disabilities. One of these five voting members shall represent a person who is eligible for long-term care services pursuant to chapter 29, article 2 of this title. The governor shall also consider geographic representation in making these appointments.

C. Council members who are appointed pursuant to subsection A, paragraphs 1 through 9 and 13 and 14 of this section shall serve staggered three-year terms.  Members may not serve more than two full terms. A vacancy occurring on the council shall be filled by the governor appointing another qualified person to serve the remainder of the term.

D. The council chairman shall be chosen annually by a majority vote of the council. A majority of voting council members constitutes a quorum.

E. The council shall meet in each district at least once a year.  The council's annual in-district meetings shall be separate from any other division meeting.

F. The division must allow the council up to thirty days to review new policies and major policy changes before the division submits the policies or changes for public comment.  The division may submit policies or changes for public comment before thirty days if the council confirms it has had adequate time to review the policies or changes.  Division staff shall be available to the council to answer questions and review the proposed changes before the changes are submitted for public comment.

G. The council shall review auditor general reports regarding the division and services provided by the department of health services.

H. Council members are not eligible to receive compensation, but council members appointed pursuant to subsection A, paragraphs 1 through 9 and 13 and 14 of this section are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.  The department shall provide the same accommodations for all members of the council when travel is necessary for council business.

I. The council shall review and make recommendations to the division regarding:

1. Coordinating and integrating services provided by state agencies and providers that have contracted with state agencies to provide developmental disability programs.

2. The health, safety, welfare and legal rights of persons with developmental disabilities.

3. The division's plan for service delivery and improvement.

4. Establishing and reviewing division policies and programs.

5. The cost-effectiveness of division services.

6. Assessing the division's annual needs.

7. Selecting the assistant director of the division.

8. Monitoring the division's annual budget.

9. The sale or lease of the real property and improvements on the real property formerly used by the department of economic security for the Arizona training program in Phoenix.

J. At the beginning of each fiscal year, the council shall adopt a master agenda that schedules each item prescribed in subsection I of this section and shall notify the appropriate agencies in order for the agencies to provide and present information to the council. Division staff shall assist the council in preparing the annual report that includes the council's findings and recommendations relating to the information the council received regarding the items prescribed in subsection I of this section.

K. The department of administration shall annually educate the council members and division staff on the purpose of the council, council statutes and open meetings laws.

L. The council shall oversee and approve expenditures of monies from the client developmental disability services trust fund established by section 36-572 following expenditure guidelines established by the council.

M. The council shall provide the public with an opportunity to address the council at regularly publicized meetings.

N. The council shall submit an annual report of activities to the director, the governor, the president of the senate and the speaker of the house of representatives by December 31 of each year and shall provide a copy of this report to the secretary of state.

O. The department shall make meeting space available to the developmental disabilities advisory council at locations and times convenient to the council and shall provide secretarial and other staff support.

P. The division shall post in a prominent and accessible manner on its public website all of the following:

1. Scheduled meetings of the council, including in-district meetings.

2. The council's meeting minutes.

3. The council's annual reports.

Q. The department shall delineate in its annual budget request a separate line item for the council.  The council shall be delineated as a separate line item in the general appropriations act.
A.R.S. § 36-2326 — Arizona Code / Title 36 / Chapter 23 / Article 3 / Section 2326
36-2326 Enforcement; attorney general
Status: in_force

36-2326. Enforcement; attorney general

The attorney general may bring an action in law or equity to enforce this article on behalf of the director of the department, the Arizona medical board or the board of osteopathic examiners in medicine and surgery.
A.R.S. § 36-2216 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2216
36-2216 Prohibited acts; classification
Status: in_force

36-2216. Prohibited acts; classification

A. It is unlawful for any person to operate an ambulance in this state which does not comply with the provisions of this article or the rules adopted by the director under this article.

B. A person who violates subsection A is guilty of a class 1 misdemeanor.
A.R.S. § 36-795.02 — Arizona Code / Title 36 / Chapter 6 / Article 10 / Section 795.02
36-795.02 Kratom products; adulteration; contamination; sales to minors prohibited
Status: in_force

36-795.02. Kratom products; adulteration; contamination; sales to minors prohibited

A. A processor or retailer may not prepare, distribute, sell or expose for sale any of the following:

1. A kratom product that is adulterated with a dangerous nonkratom substance. A kratom product is adulterated with a dangerous nonkratom substance if the kratom product is mixed or packed with a nonkratom substance and that substance affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer.

2. A kratom product that is contaminated with a dangerous nonkratom substance. A kratom product is contaminated with a dangerous nonkratom substance if the kratom product contains a poisonous or otherwise deleterious nonkratom substance, including any controlled substance prescribed by chapter 27 of this title or rules adopted pursuant to chapter 27 of this title.

3. A kratom product containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product.

4. A kratom product containing any synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine or any other synthetically derived compounds of the kratom plant.

5. Any kratom-containing product that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine contained in the product.

B. A processor or retailer may not distribute, sell or expose for sale a kratom product to an individual who is under eighteen years of age.
A.R.S. § 36-596.52 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.52
36-596.52 Family support program; administration
Status: in_force

36-596.52. Family support program; administration

A. The division shall administer a family support program subject to funding appropriated by the legislature or otherwise available for this purpose. The division shall adopt rules to implement this article.

B. The division's annual budget request shall include a specific request for family support program funding.

C. The division shall develop a family support plan to:

1. Assess needs, establish goals and set priorities for the provision of family support services.

2. Provide a coordinated delivery of family support services.

3. Develop comprehensive services, resources and programs for families.

4. Review and comment on plans and services that are provided by state agencies and that affect the family support plan.

D. The developmental disabilities advisory council shall review the plan prescribed under subsection C.

E. The division may coordinate and assist in coordinating efforts by public and private agencies to provide family support services. These efforts include:

1. Identifying services provided by different agencies to eliminate duplication.

2. Designing areas of responsibility for services, identifying gaps in services and assigning responsibility for providing missing services.

3. Coordinating planning and implementation among agencies and consumer groups to ensure that interagency programs receive full support from all affected persons and agencies.

F. The division shall work with families to develop criteria to be used as a standard of services based on need and used during the individual program plan process to determine family eligibility for family support services. To do this the division may:

1. Use existing districts as the single entry point for families seeking services from the division and the family support program.

2. Use existing public and private local agencies, facilities and resources, including parent advisory groups, to carry out the daily operations of the family support program.

3. Provide grants to or contract with agencies, grantees and vendors to provide family support services, subject to funding appropriated by the legislature or otherwise available for this purpose, especially in regions of this state that are inadequately served.

4. Provide technical assistance to agencies and consumer groups that are developing or offering family support services, resources and programs.

5. Use available state, regional and local media to support outreach to families.

6. Expand the hearing process in the department to include reviewing family support program eligibility decisions.

7. Provide funding and other resources for technical assistance, research, education, preservice and in-service training and other staff development relating to family support services.

G. The division may:

1. Act as an advocate for families with members with developmental disabilities.

2. Advocate for family support services before the legislature, the public, the department and the governor.

3. Advise the governor, the legislature and all concerned state and local agencies on issues affecting individuals with developmental disabilities and their families.

4. Direct complaints by consumers of family support services to the proper agencies for resolution, review actions to resolve these complaints and take action to enforce a resolution of complaints if necessary.

H. The division shall annually evaluate the family support program and collect the following information and make that information available to the public on request and on the department's web site:

1. Information on the impact of the family support program on families who participate as well as those who do not participate or who participated before becoming ineligible.

2. Sample assessments of families receiving family support services, including assessments of the adequacy of the services, the consumer satisfaction with those services and the fiscal and programmatic impact of adding services not currently available.

3. Statistics on the actual number of appeals, the outcome of those appeals and changes in the program made as a result of the appeals.

4. A summary of evaluation reports submitted annually by all designated regional and local agencies.

5. Information on efforts to reach families who may be eligible for the family support program.

6. Information on any individuals discharged from institutions that can be attributed to the alternative services offered by the family support program.

7. Information on programs to prevent further disability or to ameliorate the impact of disabilities on families that can be attributed to the family support program.

8. Information on efforts to develop new community based services for families.

9. Recommendations for additional programs and services to further serve families.

10. Steps taken by the family support program to increase coordination with other agencies.

11. Administrative costs associated with the family support program.
A.R.S. § 36-3711 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3711
36-3711 Conditional release to a less restrictive alternative; findings
Status: in_force

36-3711. Conditional release to a less restrictive alternative; findings

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

1. The person will be treated by a provider who is qualified to provide the necessary treatment in this state.

2. The provider presents a specific course of treatment for the person, agrees to assume responsibility for the person's treatment, will report on the person'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 superintendent of the state hospital.

3. The person 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 person agrees in writing to the following conditions:

(a) To accept the conditionally released person.

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

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

4. The person will comply with the provider and all of the requirements that are imposed by the provider and the court.

5. The person will comply with the supervision requirements that are imposed by the department of health services or the county probation department if the person is serving a term of probation.
A.R.S. § 36-2163 — Arizona Code / Title 36 / Chapter 20 / Article 2 / Section 2163
36-2163 Reports; confidentiality; annual statistical report; violations; classification; unprofessional conduct; penalties
Status: in_force

36-2163. Reports; confidentiality; annual statistical report; violations; classification; unprofessional conduct; penalties

A. A report required by this article shall not contain the name of the woman, common identifiers such as the woman's social security number, driver license number or insurance carrier identification numbers or any other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion.

B. The department of health services shall collect all abortion reports, complication reports and informed consent reports and prepare a comprehensive annual statistical report based on the data gathered in the reports. The statistical report shall include a breakdown of the number of abortions by gestational age of the unborn child at the time of the abortion and the type of procedure performed or prescribed. The statistical report shall include a breakdown by month of the reasons for abortions pursuant to section 36-2161 and a breakdown by month of the number of abortions performed or prescribed by each hospital and facility pursuant to section 36-2161. All data included on the forms pursuant to sections 36-2161, 36-2162 and 36-2162.01 shall be included in the statistical report, except that the department shall confidentially maintain the data that alone or in combination may constitute information from which an individual performing or having an abortion may be identified using epidemiologic principles. The statistical report shall not lead to the disclosure of the identity of any person filing a report or about whom a report is filed. The department shall make the statistical report available on its website and for public inspection and copying.

C. The statistical report prepared by the department pursuant to subsection B of this section shall include statistics from the administrative office of the courts containing the following information:

1. The number of petitions filed pursuant to section 36-2152, subsection B.

2. Of the petitions filed pursuant to section 36-2152, subsection B, the number in which the judge appointed a guardian ad litem or court-appointed counsel for the minor pursuant to section 36-2152, subsection D.

3. Of the petitions filed pursuant to section 36-2152, subsection B, the number in which the judge issued an order authorizing an abortion without parental consent.

4. Of the petitions filed pursuant to section 36-2152, subsection B, the number in which the judge issued an order denying the petition.

5. Of the petitions denied, the number appealed to the court of appeals.

6. The number of those appeals that resulted in the denials being affirmed.

7. The number of those appeals that resulted in the denial being reversed.

D. The statistical report prepared by the department pursuant to subsection B of this section shall include statistics from the Arizona health care cost containment system containing the following information:

1. The total number of abortions partially or fully paid for with state monies through the Arizona health care cost containment system.

2. The total amount of state monies used to pay for the abortions and expenses incidental to the abortions.

3. The total number of abortions, if any, paid for with state monies and performed out of state.

E. Except for a statistical report as provided in subsection B of this section, a report filed pursuant to this article is not a public record and is not available for public inspection, except that disclosure may be made to law enforcement officials on an order of a court after application showing good cause.  The court may condition disclosure of the information on any appropriate safeguards it may impose.

F. Original copies of all reports filed pursuant to sections 36-2161 and 36-2162 shall be available to the Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery for use in the performance of their official duties.  The Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery shall maintain the confidentiality of any reports obtained pursuant to this subsection.

G. An employee, agent or contractor of the department who wilfully discloses any information obtained from reports filed pursuant to this article, other than disclosure authorized under subsections B, E and F of this section or as otherwise authorized by law, is guilty of a class 3 misdemeanor.

H. A person who is required by this article to file a report, keep any records or supply any information and who wilfully fails to file that report, keep records or supply information as required by law is guilty of unprofessional conduct and is subject to discipline, including license suspension or revocation.

I. A person who wilfully delivers or discloses to the department any report, record or information known by that person to be false commits a class 1 misdemeanor.

J. In addition to the penalties prescribed by subsections G, H and I of this section, an organization or facility that wilfully violates the reporting requirements of this article is subject to discipline by the department, including the civil penalties prescribed in section 36-431.01. If an organization or facility that is licensed pursuant to chapter 4, article 10 of this title wilfully violates the reporting requirements of this article, the department may assess a civil penalty pursuant to section 36-431.01, impose an intermediate sanction pursuant to section 36-427, suspend or revoke a license pursuant to section 36-427, deny a license or bring an action for an injunction pursuant to section 36-430.
A.R.S. § 36-2903.09 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.09
36-2903.09 Waivers; annual submittal; definitions
Status: in_force

36-2903.09. Waivers; annual submittal; definitions

A. On or before March 30 of each year, the director shall apply to the centers for medicare and medicaid services for waivers or amendments to the current section 1115 waiver to allow this state to:

1. Institute a work requirement for all able-bodied adults receiving services pursuant to this article.  The work requirement shall:

(a) Require an eligible person to either:

(i) Become employed.

(ii) Actively seek employment, which would be verified by the department.

(iii) Attend school or a job training program, or both, at least twenty hours per week.

(b) Require an eligible person to verify on a monthly basis compliance with requirements of subdivision (a) of this paragraph and any change in family income.

(c) Require the administration to confirm an eligible person's change in family income as reported under subdivision (b) of this paragraph and redetermine the person's eligibility under this article.

(d) Allow the administration to ban an eligible person from enrollment for one year if the eligible person knowingly failed to report a change in family income or made a false statement regarding compliance with the requirements of subdivision (a) of this paragraph.

(e) Allow for an exemption if a person meets any of the following conditions:

(i) Is at least nineteen years of age but is still attending high school as a full-time student.

(ii) Is the sole caregiver of a family member who is under six years of age.

(iii) Is currently receiving temporary or permanent long-term disability benefits from a private insurer or from the government.

(iv) Has been determined to be physically or mentally unfit for employment by a health care professional in accordance with rules adopted by the administration.

2. Place on able-bodied adults a lifetime limit of five years of benefits under this article that begins on the effective date of the waiver or amendment to the current section 1115 waiver and does not include any previous time a person received benefits under this article. The lifetime limit under this paragraph does not include any time during which the person meets any of the following conditions:

(a) Is pregnant.

(b) Is the sole caregiver of a family member who is under six years of age.

(c) Is currently receiving temporary or permanent long-term disability benefits from a private insurer or from the government.

(d) Is at least nineteen years of age but is still attending high school as a full-time student.

(e) Is employed full time but continues to meet the income eligibility requirements under this article.

(f) Is enrolled before reaching nineteen years of age.

(g) Is an eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iii).

3. Develop and impose meaningful cost-sharing requirements to deter both:

(a) The nonemergency use of emergency departments.

(b) The use of ambulance services for nonemergency transportation or when it is not medically necessary.

B. Subsection A of this section does not include or apply to American Indians or Alaska natives who are eligible for services under this article, through the Indian health service or through a tribal or urban Indian health program pursuant to the Indian self-determination and education assistance act (25 United States Code chapter 46) and the Indian health care improvement act (25 United States Code chapter 18).

C. In any year, the director shall apply under subsection A of this section for only the waivers or amendments to the current section 1115 waiver that have not been approved and are not in effect.

D. On or before April 1 of each year, the director shall submit a letter confirming the submission of the waiver requests required under subsection A of this section to the governor, the president of the senate and the speaker of the house of representatives.

E. For the purposes of this section:

1. "Able-bodied" means an individual who is physically and mentally capable of working.

2. "Adult" means an individual who is at least nineteen years of age.
A.R.S. § 36-3311 — Arizona Code / Title 36 / Chapter 33 / Article 2 / Section 3311
36-3311 Parents as paid caregivers program; waiver amendment; implementation
Status: in_force

36-3311. Parents as paid caregivers program; waiver amendment; implementation

Beginning from and after June 30, 2025, pursuant to the parents as paid caregivers program amendment approval by the centers for medicare and medicaid services to this state's section 1115(a) demonstration waiver dated February 16, 2024, the administration and the department shall implement the forty hours of care services per week per child limit.
A.R.S. § 36-770 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 770
36-770 Tobacco products tax fund
Status: in_force

36-770. Tobacco products tax fund

(Caution:  1998 Prop. 105 applies)

A. The tobacco products tax fund is established consisting of revenues deposited in the fund pursuant to section 42-3251.01 and interest earned on those monies.  The Arizona health care cost containment system administration shall administer the fund.

B. Forty-two cents of each dollar in the fund shall be deposited in the proposition 204 protection account established by section 36-778.

C. Five cents of each dollar in the fund shall be deposited in the health research fund established by section 36-275.

D. Twenty-seven cents of each dollar in the fund shall be deposited in the medically needy account established by section 36-774.

E. Twenty cents of each dollar in the fund shall be deposited in the emergency health services account established by section 36-776.

F. Four cents of each dollar in the fund shall be deposited in the health care adjustment account established by section 36-777.

G. Two cents of each dollar in the fund shall be deposited in the health education account established by section 36-772.

H. Except as provided in section 36-776, monies in the fund:

1. Are continuously appropriated.

2. Do not revert to the state general fund.

3. Are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-831 — Arizona Code / Title 36 / Chapter 7 / Article 2 / Section 831
36-831 Burial duties; notification requirements; failure to perform duty; veterans; immunity; definitions
Status: in_force

36-831. Burial duties; notification requirements; failure to perform duty; veterans; immunity; definitions

A. Except as provided pursuant to subsection I or J of this section, the duty of burying the body of or providing other funeral and disposition arrangements for a dead person devolves in the following order:

1. If the dead person was married, on the surviving spouse unless:

(a) The dead person was legally separated from the person's spouse.

(b) A petition for divorce or for legal separation from the dead person's spouse was filed before the person's death and remains pending at the time of death.

2. On the person who is designated as having power of attorney for the decedent in the decedent's most recent health care power of attorney pursuant to chapter 32, article 2 of this title if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains or a durable power of attorney if that power of attorney specifically gives that person the authority to make decisions regarding the disposition of the decedent's remains.

3. If the dead person was a minor, on the parents.

4. On the adult children of the dead person.

5. On the dead person's parent.

6. On the dead person's adult sibling.

7. On the dead person's adult grandchild.

8. On the dead person's grandparent.

9. On an adult who exhibited special care and concern for the dead person.

10. On the person who was acting as the guardian of the person of the dead person at the time of death.

11. On any other person who has the authority to dispose of the dead person's body.

12. If none of the persons named in paragraphs 1 through 11 of this subsection is financially capable of providing for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on any person or fraternal, charitable or religious organization willing to assume responsibility.

13. If the dead person was a prisoner in the custody of the state department of corrections at the time of death and none of the persons named in paragraphs 1 through 11 of this subsection is willing to provide for the burial or other funeral and disposition arrangements, or cannot be located on reasonable inquiry, on the state department of corrections.

B. During a person's life, the person's family members that are listed in subsection A of this section may sign a waiver of decision making that waives their rights under this section relating to the disposition of the person's body when the person dies.

C. If none of the persons named in subsection A of this section is willing or financially able to bury or provide other funeral and disposition arrangements for a dead person, or if the person cannot be located after reasonable efforts have been made to do so, the county in which death occurs shall bury or place in a permanent care crypt the dead body or cremated remains of a dead body. The county officer who is responsible for determining financial eligibility or abandonment may conduct an investigation for that purpose. If the decedent is known to be an honorably discharged veteran or the surviving spouse of an honorably discharged veteran, the county shall notify the United States department of veterans affairs or a local veteran's organization, or both, of the death and give the department or that organization the opportunity to provide for the person's burial or for other funeral and disposition arrangements.  If the department or organization is unable to provide for the burial of the veteran or the surviving spouse, the county shall ensure that the decedent is properly interred and that burial is made in a veterans' cemetery or a portion of a cemetery that is designated for the burial of veterans and spouses of veterans.

D. If there is more than one member of a category listed in subsection A, paragraph 3, 4, 5, 6, 7, 8 or 9 of this section entitled to serve as the authorizing agent, final arrangements may be made by any member of that category unless that member knows of any objection by another member of the category.  If an objection is known, final arrangements shall be made by a majority of the members of the category who are reasonably available.

E. If the county medical examiner or person performing the duties of the county medical examiner knows that the dead person is a member of a federally recognized Native American tribe located in this state, the county medical examiner or person performing the duties of the county medical examiner must notify the tribe and give the tribe the opportunity to provide for the person's burial or other funeral and disposition arrangements. If an autopsy is required by section 11-597, the county medical examiner or person performing the duties of the county medical examiner, if possible, shall complete the autopsy and return the remains to the federally recognized Native American tribe located in this state within four calendar days after the determined date of death.

F. A person on whom the duty prescribed in subsection A of this section is imposed who omits or is unwilling to perform that duty within a reasonable time or is prohibited from performing that duty under subsection I of this section is liable to the person performing the duty in an amount of two times the expenses the person incurred in providing for the burial or other funeral and disposition arrangements. The person who performs this duty may recover this amount in a civil action.

G. Notwithstanding the probate requirements of title 14, if a county is required to bury a person pursuant to subsection C of this section, the county may recover the burial costs from the decedent's estate.  The county may record a lien on the decedent's estate and the lien takes priority over a beneficiary deed.  A financial institution in possession of monies in an account in the decedent's name must reimburse the county for the burial costs on presentation by the county of an affidavit that certifies:

1. The date of the decedent's death.

2. That, pursuant to this section, the county performed the decedent's burial.

3. The total burial costs incurred by the county.

H. A person, a corporation or an agency of government that provides for the burial or other funeral and disposition arrangements on the instructions of a person described in subsection A of this section is immune from civil liability:

1. For failing to honor the wishes of the decedent or the wishes of a person who has a higher priority in subsection A or C of this section if the person, corporation or agency of government was not aware, after reasonable inquiry, of the contrary wishes.

2. For refusing to follow conflicting directions of persons who have the same priority in subsection A of this section.

3. For following directions of a personal representative that are consistent with the written testamentary instructions of the decedent.

I. The duty to bury or to provide other funeral and disposition arrangements devolves to the next person in the order prescribed pursuant to subsection A of this section if the person who is otherwise responsible for performing this duty is charged with the criminal death of the person to whom the duty is owed and the funeral director is aware of the charge.  The person who performs this duty may recover costs as prescribed in subsection F of this section. If the charges against the person on whom this duty originally fell are subsequently dismissed or are resolved in that person's favor on the merits, the person is responsible for only the actual costs.

J. If the decedent died while serving in any branch of the United States armed forces, the United States reserve forces or the national guard, and completed a United States department of defense record of emergency data, DD form 93, or its successor form, the duty to bury the decedent or to provide other funeral and disposition arrangements for the decedent devolves on the person authorized by the decedent pursuant to that form.

K. A person that possesses unclaimed cremated remains may release to the United States department of veterans affairs or a veterans' service organization verification information associated with the remains to verify whether the remains are of a veteran or a veteran's dependent eligible to be interred in a veterans' cemetery if the person has possessed the cremated remains for at least one year, a person described in subsection A of this section has not claimed the cremated remains and the person made a reasonable effort to locate a relative of the decedent to claim the remains. If the person receives notice from the United States department of veterans affairs or a veterans' service organization that the unclaimed cremated remains are the remains of a veteran or a veteran's dependent eligible to be interred in a veterans' cemetery, the person may transfer the cremated remains to a veterans' service organization, which must ensure that the cremated remains are interred in a veterans' cemetery or transport the cremated remains to a veterans' cemetery for burial.

L. A person that releases verification information pursuant to subsection K of this section or that transfers cremated remains to a veterans' service organization or a veterans' cemetery pursuant to subsection K of this section is immune from civil liability for damages resulting from the release or transfer.  A veterans' service organization that inters cremated remains in or transports cremated remains to a veterans' cemetery pursuant to subsection K of this section is immune from civil liability for damages arising from the interment.

M. For the purposes of this section:

1. "Person" includes a natural person, a corporation, a company, a partnership, a firm, an association, a society, the United States, this state, any territory, state or country, an Arizona federally recognized Native American tribe, any political subdivision of this state or a public or private corporation, a partnership or association or a veterans' service organization.

2. "Verification information" means data required by the United States department of veterans affairs to verify whether a person is a veteran or a veteran's dependent and is eligible for burial in a veterans' cemetery, including a copy of the person's death certificate and the person's name, service number, social security number, date of birth, date of death and place of birth.

3. "Veterans' service organization" means a veterans' organization that is chartered by the United States Congress, that is recognized by the United States department of veterans affairs or that qualifies as a charitable organization that is recognized under either section 501(c)(3) or 501(c)(19) of the internal revenue code and that is organized for the verification and burial of veterans and their dependents.

N. For the purposes of this article, "burial" includes cremation.
A.R.S. § 36-2822 — Arizona Code / Title 36 / Chapter 28.1 / Section 2822
36-2822 Arizona biomedical research centre; medical marijuana fund; grants; marijuana clinical trials; requirements; exemption
Status: in_force

36-2822. Arizona biomedical research centre; medical marijuana fund; grants; marijuana clinical trials; requirements; exemption

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 419)

A. The Arizona biomedical research centre in the department shall provide competitive grants from monies in the medical marijuana fund established by section 36-2817 for marijuana clinical trials that are approved by the United States food and drug administration for evaluating both the safety and efficacy of using marijuana in humans and researching the impacts of marijuana interactions with prescription drugs, nonprescription drugs and illicit drugs.

B. Clinical trials funded pursuant to subsection A of this section shall be conducted by Arizona-based researchers from nonprofit organizations or universities, be approved by the United States food and drug administration, the United States drug enforcement administration and an institutional review board and be publishable in peer-reviewed medical and public health journals. The centre shall prioritize randomized controlled clinical trials that study the treatment of autism, epilepsy, post-traumatic stress disorder and pain.

C. Notwithstanding title 13, chapter 34, a person who receives a grant for a marijuana clinical trial pursuant to this section and any of the person's employees working on the clinical trial may not be charged with or prosecuted for possession of marijuana that is cultivated for medical use when the person is working on the clinical trial.

D. The Arizona biomedical research centre may provide up to $5,000,000 annually for five consecutive years from the medical marijuana fund established by section 36-2817 to administer and award competitive grants pursuant to this section. The centre may not use more than five percent of these monies for administrative purposes.
A.R.S. § 36-439.03 — Arizona Code / Title 36 / Chapter 4 / Article 3.1 / Section 439.03
36-439.03 Use of treatment areas
Status: in_force

36-439.03. Use of treatment areas

Colocators shall solely maintain and use treatment areas that are designated pursuant to each of their respective licenses and may not use another colocator's treatment areas except as follows:

1. For the provision of emergency health care services.

2. During hours of operation by a colocator that are clearly identified by signage to the public and notice to the department.
A.R.S. § 36-431.01 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 431.01
36-431.01 Violations; civil penalties; enforcement
Status: in_force

36-431.01. Violations; civil penalties; enforcement

A. The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not more than $1,000 for each violation, which may be assessed for each resident or patient who the department determines was impacted by the violation. Each day that a violation occurs constitutes a separate violation.

B. The director may issue a notice of assessment that shall include the proposed amount of the assessment.  A person may appeal the assessment by requesting a hearing pursuant to title 41, chapter 6, article 10.  When an assessment is appealed, the director shall take no further action to enforce and collect the assessment until after the hearing.

C. In determining the amount of the civil penalty pursuant to subsection A of this section, the department shall establish a model in rule that considers the following:

1. Repeated violations of statutes or rules.

2. Patterns of noncompliance.

3. Types of violations.

4. The severity of violations.

5. The potential for and occurrences of actual harm, including to patients, staff or residents.

6. Threats to health and safety, including to patients, staff or residents.

7. The number of persons affected by the violations.

8. The number of violations.

9. The size of the facility.

10. The length of time that the violations have been occurring.

11. The type of health care institution.

12. Whether the health care institution and staff are in compliance with the reporting requirements pursuant to section 46-454.

D. Pursuant to interagency agreement specified in section 36-409, the director may assess a civil penalty, including interest, in accordance with 42 United States Code section 1396r.  A person may appeal this assessment by requesting a hearing before the director in accordance with subsection B of this section.  Civil penalty amounts may be established by rules adopted by the director that conform to guidelines or regulations adopted by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1396r.

E. Actions to enforce the collection of penalties assessed pursuant to subsections A and D of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.

F. Penalties assessed under subsection D of this section are in addition to and not in limitation of other penalties imposed pursuant to this chapter. All civil penalties and interest assessed pursuant to subsection D of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the nursing care institution resident protection revolving fund established by section 36-431.02. The director shall use these monies for the purposes prescribed by 42 United States Code section 1396r, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of the deficiencies or closure and reimbursement of residents for personal monies lost.

G. The department shall deposit civil penalties assessed under subsection A of this section in the state general fund.
A.R.S. § 36-727 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 727
36-727 Hearings; procedure; confidentiality
Status: in_force

36-727. Hearings; procedure; confidentiality

A. The afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian and that person's attorney have the right to be present at all hearings, subject to any conditions or procedures that are deemed appropriate or necessary by order of the court to protect the health and safety of all participants. The afflicted person may waive any appearance before the court.

B. If the afflicted person is unable or unwilling to be present at the hearing or the hearing cannot be reasonably conducted where the afflicted person is being treated or confined or cannot be reasonably conducted in the afflicted person's presence, the court shall enter a finding and may proceed with the hearing on the merits of the petition.

C. The court may impose conditions or procedures that it deems necessary to protect the health and safety of all participants in the hearing and to ensure humane treatment with due regard to the comfort and safety of the afflicted person and others. These measures may include video or telephonic conference appearances. If necessary the court shall provide language interpreters and persons skilled in communicating with vision impaired and hearing impaired persons pursuant to applicable law.

D. Parties to the proceedings may present evidence and subpoena and cross-examine witnesses. The evidence presented may include the testimony of experts on infectious diseases or public health matters or a physician who performed an examination or evaluation of the afflicted person. The petitioner may prove its case on the affidavit or affidavits filed in support of the initial petition. The clinical record of the afflicted person for the current admission shall be available and may be presented in full or in part as evidence at the request of the court, the afflicted person or the afflicted person's attorney or any party in interest.

E. At the hearing the court shall be advised of any drugs known to have been administered to the afflicted person before the hearing that would affect the afflicted person's judgment or behavior.

F. Persons appointed to conduct an examination and evaluation of the afflicted person shall make their reports in writing to the court. The reports shall include a recommendation as to the least restrictive alternative measures available to the court.

G. A verbatim record of all proceedings under this section shall be made by stenographic or electronic means. The stenographic notes or electronic tape shall be retained as provided by statute.

H. The court hearing shall not be open to the public and all records, notices, exhibits and other evidence are confidential and shall not be released to the public. The court may order any portion released or a public hearing to be held on a request from the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian or the afflicted person's attorney. The court's records and exhibits are available to the petitioner, the afflicted person, the department, the tuberculosis control officer, the local health officer or a legal representative of any of these persons or agencies.

I. An afflicted person who is ordered by the court to undergo examination, monitoring, treatment, isolation or quarantine or, if a minor or incapacitated person, the afflicted person's parent or guardian may request a certified transcript of the hearing. To obtain a copy the person shall pay for the transcript or shall file an affidavit that the afflicted person cannot afford to pay for a transcript. If the affidavit is found true by the court, the court shall charge the expense of the transcript to the county in which the proceedings were held. If an intergovernmental agreement by the counties has required an evaluation in a county other than that of the afflicted person's residence, this expense may be charged to the county of the afflicted person's residence or in which the afflicted person was found before the evaluation.
A.R.S. § 36-545.06 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.06
36-545.06 County services; county responsibility
Status: in_force

36-545.06. County services; county responsibility

A. Each county, or any combination of counties, shall provide directly or by contract the services of a screening agency and an evaluation agency for the purposes of this chapter.

B. On a request made by a resident of the county pursuant to this chapter, a county shall be required to provide screening or evaluation.

C. Each county shall coordinate the provision of mental health services required pursuant to this section with the administration or as delegated by the administration to a regional behavioral health authority.

D. For a person who is admitted to an evaluation agency for a court-ordered evaluation, the county's responsibility continues until the evaluation period ends, which is when one of the following occurs:

1. The petition for court-ordered treatment is filed with the court.

2. The individual agrees to voluntary treatment.

3. The individual is released from court-ordered evaluation.
A.R.S. § 36-2202 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2202
36-2202 Duties of the director; qualifications of medical director
Status: in_force

36-2202. Duties of the director; qualifications of medical director

A. The director shall:

1. Appoint a medical director of the emergency medical services and trauma system.

2. Adopt standards and criteria for the denial or granting of certification and recertification of emergency medical care technicians.  These standards shall allow the department to certify qualified emergency medical care technicians who have completed statewide standardized training required under section 36-2204, paragraph 1 and a standardized certification test required under section 36-2204, paragraph 2, who hold valid certification with a national certification organization or who have completed training and testing by the United States armed forces at a level comparable to the national standards for emergency medical care technicians. Before the director may consider approving a statewide standardized training or a standardized certification test, or both, each of these must first be recommended by the medical direction commission and the emergency medical services council to ensure that the standardized training content is consistent with national education standards and that the standardized certification test examines comparable material to that examined in the tests of a national certification organization.

3. Adopt standards and criteria that pertain to the quality of emergency care pursuant to section 36-2204.

4. Adopt rules necessary to carry out this chapter. Each rule shall identify all sections and subsections of this chapter under which the rule was formulated.

5. Adopt reasonable medical equipment, supply, staffing and safety standards, criteria and procedures to issue a certificate of registration to operate an ambulance.

6. Maintain a state system for recertifying emergency medical care technicians, except as otherwise provided by section 36-2202.01, that is independent from any national certification organization recertification process. This system shall allow emergency medical care technicians to choose to be recertified under the state or the national certification organization recertification system subject to subsection H of this section.

B. Emergency medical technicians who choose the state recertification process shall recertify in one of the following ways:

1. Successfully completing an emergency medical technician refresher course approved by the department.

2. Successfully completing an emergency medical technician challenge course approved by the department.

3. For emergency medical care technicians who are currently certified at the emergency medical technician level by the department, attesting on a form provided by the department that the applicant holds a valid and current cardiopulmonary resuscitation certification, has and will maintain documented proof of a minimum of twenty-four hours of continuing medical education within the last two years consistent with department rules and has functioned in the capacity of an emergency medical technician for at least two hundred forty hours during the last two years.

C. After consultation with the emergency medical services council, the director may authorize pilot programs designed to improve the safety and efficiency of ambulance inspections for governmental or quasi-governmental entities that provide emergency medical services in this state.

D. The rules, standards and criteria adopted by the director pursuant to subsection A, paragraphs 2, 3, 4 and 5 of this section shall be adopted in accordance with title 41, chapter 6, except that the director may adopt on an emergency basis pursuant to section 41-1026 rules relating to the regulation of ambulance services in this state necessary to protect the public peace, health and safety in advance of adopting rules, standards and criteria as otherwise provided by this subsection.

E. The director may waive the requirement for compliance with a protocol adopted pursuant to section 36-2205 if the director determines that the techniques, drug formularies or training makes the protocol inconsistent with contemporary medical practices.

F. The director may suspend a protocol adopted pursuant to section 36-2205 if the director does all of the following:

1. Determines that the rule is not in the public's best interest.

2. Initiates procedures pursuant to title 41, chapter 6 to repeal the rule.

3. Notifies all interested parties in writing of the director's action and the reasons for that action. Parties interested in receiving notification shall submit a written request to the director.

G. To be eligible for appointment as the medical director of the emergency medical services and trauma system, the person shall be qualified in emergency medicine and shall be licensed as a physician in one of the states of the United States.

H. Applicants for certification shall apply to the director for certification. Emergency medical care technicians shall apply for recertification to the director every two years. The director may extend the expiration date of an emergency medical care technician's certificate for thirty days. The department shall establish a fee for this extension by rule. Emergency medical care technicians shall pass an examination administered by the department as a condition for recertification only if required to do so by the advanced life support base hospital's medical director or the emergency medical care technician's medical director.

I. The medical director of the emergency medical services and trauma system is exempt from title 41, chapter 4, articles 5 and 6 and is entitled to receive compensation pursuant to section 38-611, subsection A.

J. The standards, criteria and procedures adopted by the director pursuant to subsection A, paragraph 5 of this section shall require that ambulance services:

1. Providing interfacility transportation in any certificate of necessity area of this state have one ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (a), (c), (d) or (e) and one ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (a), (b), (c), (d), or (e) staffing an ambulance while transporting a patient.  If an ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (b) is staffing the ambulance pursuant to this paragraph, that ambulance attendant may exclusively drive the ambulance.

2. Serving a rural or wilderness certificate of necessity area with a population of less than ten thousand persons have at least one ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (a), (c), (d) or (e) and one ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (a) or (b) staffing an ambulance while transporting a patient.

3. Serving a population of ten thousand persons or more have at least one ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (a) and one ambulance attendant as defined in section 36-2201, paragraph 6, subdivision (a), (c), (d) or (e) staffing an ambulance while transporting a patient.

K. If the department determines there is not a qualified administrative medical director, the department shall ensure the provision of administrative medical direction for an emergency medical technician if the emergency medical technician meets all of the following criteria:

1. Is employed by a nonprofit or governmental provider employing less than twelve full-time emergency medical technicians.

2. Stipulates to the inability to secure a physician who is willing to provide administrative medical direction.

3. Stipulates that the provider agency does not provide administrative medical direction for its employees.
A.R.S. § 36-2907.06 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.06
36-2907.06 Qualifying community health centers; rural health clinics; contracts; requirements; graduate medical education; definition
Status: in_force

36-2907.06. Qualifying community health centers; rural health clinics; contracts; requirements; graduate medical education; definition

(Conditionally Rpld.)

A. Subject to the availability of monies, the administration shall enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the department of health services to contract with qualifying community health centers to provide primary health care services to indigent or uninsured Arizonans. The department of health services shall enter into one-year contracts with qualifying community health centers for the centers to provide the following primary health care services:

1. Medical care provided through licensed primary care physicians and licensed mid-level providers as defined in section 36-2907.05.

2. Prenatal care services.

3. Diagnostic laboratory and imaging services that are necessary to complete a diagnosis and treatment, including referral services.

4. Pharmacy services that are necessary to complete treatment, including referral services.

5. Preventive health services.

6. Preventive dental services.

7. Emergency services performed at the qualifying community health center.

8. Transportation for patients to and from the qualifying community health center if these patients would not receive care without this assistance.

B. A contract entered into pursuant to subsection A of this section may include urgent care services for walk-in patients.

C. Each contract shall require that the qualifying community health center provide the services prescribed in subsection A of this section to persons who the qualifying community health center determines:

1. Are residents of this state.

2. Are without medical insurance policy coverage.

3. Do not have a family income of more than two hundred percent of the federal poverty guidelines.

4. Have provided verification that the person is not eligible for enrollment in the Arizona health care cost containment system pursuant to this chapter.

5. Have provided verification that the person is not eligible for medicare.

D. The department of health services shall directly administer the program and issue requests for proposals for the contracts prescribed in this section. Contracts established pursuant to subsection A of this section shall be signed by the department and the contractor before the transmission of any tobacco tax and health care fund monies to the contractor.

E. Persons who meet the eligibility criteria established in subsection C or H of this section shall be charged for services based on a sliding fee schedule approved by the department of health services.

F. In awarding contracts, the department of health services may give preference to qualifying community health centers that have a sliding fee schedule. Monies shall be used for the number of patients that exceeds the number of uninsured sliding fee schedule patients that the qualifying community health center served during fiscal year 1994. Each qualifying community health center shall make its sliding fee schedule available to the public on request. The contract shall require the qualifying community health center to apply a sliding fee schedule to all of its uninsured patients.

G. The department of health services may examine the records of each qualifying community health center and conduct audits necessary to determine that the eligibility determinations were performed accurately and to verify the number of uninsured patients served by the qualifying community health center as a result of receiving tobacco tax and health care fund monies by the contract established pursuant to subsection A of this section.

H. Contracts established pursuant to subsection A of this section shall require qualifying community health center contractors to submit information as required pursuant to section 36-2907.07 for program evaluations.

I. Beginning October 1, 2024, the administration, contingent on approval by the centers for medicare and medicaid services, shall annually distribute monies appropriated for primary care graduate medical education services to qualifying community health centers and rural health clinics for direct and indirect costs. The administration shall:

1. Adopt rules specifying the formula by which the monies are distributed.

2. Require each primary care graduate medical education program that receives monies pursuant to this subsection to identify and report to the administration the number of new residency positions created with those monies, including positions in rural areas.  Each program shall also report information related to the number of funded residency positions that resulted in physicians locating their practices in this state. The administration shall report to the joint legislative budget committee on or before July 1 of each year on the number of new residency positions as reported by the primary care graduate medical education programs pursuant to this paragraph.

3. Coordinate with local, county and tribal governments and any university under the jurisdiction of the Arizona board of regents that may provide monies in addition to any state general fund monies appropriated for primary care graduate medical education in order to qualify for additional matching federal monies for programs or positions in a specific locality. Payments by the administration pursuant to this paragraph may be limited to those providers designated by the funding entity and may be based on any methodology deemed appropriate by the administration, including replacing any payments that might otherwise have been paid pursuant to this subsection had sufficient state general fund monies or other monies been appropriated to fully fund those payments. These programs, positions and payment methodologies must be approved by the administration and the centers for medicare and medicaid services.  The administration shall report to the president of the senate, the speaker of the house of representatives and the director of the joint legislative budget committee on or before July 1 of each year on the amount of monies contributed and the number of residency positions funded by local, county and tribal governments and any university under the jurisdiction of the Arizona board of regents, including the amount of federal matching monies used.

J. For the purposes of this section, "qualifying community health center" means a community-based primary care facility that provides medical care in medically underserved areas as provided in section 36-2352, or in medically underserved areas or medically underserved populations as designated by the United States department of health and human services, through the employment of physicians, professional nurses, physician assistants or other health care technical and paraprofessional personnel.
A.R.S. § 36-3607 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3607
36-3607 Telehealth advisory committee on telehealth best practices; membership; reports
Status: in_force

36-3607. Telehealth advisory committee on telehealth best practices; membership; reports

A. The telehealth advisory committee on telehealth best practices is established consisting of the following members who are appointed by the governor:

1. One physician who is licensed pursuant to title 32, chapter 13.

2. One physician who is licensed pursuant to title 32, chapter 17 and who is practicing primary care in this state.

3. Two advanced practice registered nurses who are licensed pursuant to title 32, chapter 15.

4. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who specializes in pain management.

5. One psychiatrist who is licensed pursuant to title 32, chapter 13 or 17.

6. One psychologist who is licensed pursuant to title 32, chapter 19.1.

7. Two behavioral health professionals who are licensed pursuant to title 32, chapter 33, one of whom is employed by an outpatient treatment center.

8. One physician who is licensed pursuant to title 32, chapter 14.

9. One health care professional whose primary area of focus is treating persons with developmental disabilities.

10. One health care professional whose primary area of focus is industrial injuries.

11. One speech-language pathologist who is licensed pursuant to chapter 17 of this title.

12. One occupational therapist who is licensed pursuant to title 32, chapter 34.

13. One hospital administrator.

14. One physician assistant who is licensed pursuant to title 32, chapter 25.

15. One representative of the Arizona commission for the deaf and the hard of hearing.

16. Two representatives of health care insurers who are licensed health care providers.

17. One optometrist who is licensed pursuant to title 32, chapter 16.

18. One representative of a vertically integrated telemedicine technology manufacturer of hardware and compatible software.

19. One behavior analyst who is licensed pursuant to title 32, chapter 19.1.

20. One representative from each of the following:

(a) The Arizona health care cost containment system.

(b) The department of health services.

(c) The department of economic security.

(d) The department of insurance and financial institutions.

(e) The industrial commission of Arizona.

B. The advisory committee:

1. Shall review national and other standards for telehealth best practices and relevant peer-reviewed literature.

2. May conduct public meetings at which testimony may be taken regarding the efficacy of various communications media and the types of services and populations for which telehealth is appropriate.

3. Shall adopt telehealth best practice guidelines and recommendations regarding the health care services that may be appropriately provided through an audio-only telehealth format and make updates, when applicable.  Before making its recommendations, the advisory committee shall analyze medical literature and national practice guidelines, consider the comparative effectiveness and safety and the benefit to the patient of performing a service through an audio-only telehealth format instead of in person or through an audio-visual telehealth format, and the appropriate frequency and duration of audio-only telehealth encounters.

4. May authorize subcommittees to address select issues or services and report to the advisory committee as directed.

5. On or before December 1, 2021, shall submit a report to the governor, the president of the senate and the speaker of the house of representatives with the advisory committee's recommendations regarding the specific health care services that are appropriate to provide through an audio-only telehealth format as a substitute for an in-person or audio-visual telehealth encounter.

6. On or before June 30, 2022, shall submit a report to the governor, the president of the senate and the speaker of the house of representatives with the advisory committee's recommendations regarding telehealth best practice guidelines for health care providers.

C. The Arizona health care cost containment system shall staff the advisory committee and provide meeting space.
A.R.S. § 36-2247 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2247
36-2247 Certificates of necessity; ambulance services; name change
Status: in_force

36-2247. Certificates of necessity; ambulance services; name change

At least thirty days before the date an ambulance service changes its legal name, the ambulance service shall send the department written notice of the name change.  Within thirty days after the date of receiving the notice, the department shall issue an amended certificate of necessity that incorporates the name change but retains the expiration date of the current certificate of necessity.
A.R.S. § 36-725 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 725
36-725 Orders to cooperate; emergency custody
Status: in_force

36-725. Orders to cooperate; emergency custody

A. If the tuberculosis control officer or the local health officer knows or has reasonable grounds to believe someone is an afflicted person who endangers another person or the community and the afflicted person fails or refuses to comply with voluntary examination, monitoring, treatment, isolation or quarantine, the tuberculosis control officer or the local health officer shall issue a written order to cooperate to the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian that requires the afflicted person to cooperate with all intervention efforts to prevent and control the transmission of the disease. The order may require the afflicted person to participate in education, counseling, examination, medical treatment and supervision programs and to undergo medical tests for monitoring and to verify the afflicted person's status.

B. In urgent circumstances an order to cooperate may be an oral statement followed by the issuance of a written order by the end of the next business day.  For the purposes of this subsection, "urgent circumstances" means those situations when the tuberculosis control officer or the local health officer determines the issuance of a written order to be reasonably impractical due to circumstances beyond the control of the officer, including inaccessibility, dangerous conditions or the threat of physical violence.

C. An order to cooperate shall be individual and specific and shall not be issued to a class of persons. The order shall be served on the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian by a person who is employed by or under contract to the department, the tuberculosis control officer or the local health officer or by any sheriff, peace officer or person authorized to serve process. If personal service cannot be performed despite the exercise of due diligence, the order may be served by certified mail, return receipt requested. An affidavit of service that details the procedures followed in serving the order shall be prepared and maintained in the case file of the tuberculosis control officer or the local health officer.

D. An order to cooperate issued pursuant to this section shall include a statement that, unless the afflicted person complies with the actions required in the order, the tuberculosis control officer or the local health officer may order the afflicted person to be taken into emergency custody and shall seek a court order for compulsory examination, monitoring, treatment, isolation or quarantine. The order to cooperate shall also state that if a court order is sought, the afflicted person to whom the order is issued has the right to notice and a hearing and other rights as provided by law.

E. If the afflicted person refuses to comply with an order issued pursuant to this section or if the tuberculosis control officer or local health officer knows that an afflicted person has previously failed or refused to comply with an appropriate prescribed course of medication, treatment or monitoring, and if the tuberculosis control officer or the local health officer has reasonable grounds to believe that the afflicted person poses a substantial danger to another person or the community and that emergency custody is necessary to prevent a substantial danger to another person or the community, the tuberculosis control officer or the local health officer may issue an emergency custody order directing a sheriff or law enforcement officer to take the afflicted person into custody, to take precautions reasonable and necessary under the circumstances to protect the health of law enforcement officers and to oversee and ensure the transport of the afflicted person to an institution or facility specified in the order. If the afflicted person's condition or the institution's or facility's location or hours make transportation impracticable, the afflicted person shall be transported to an institution or facility designated by the department, the tuberculosis control officer or the local health officer.  The order may be an oral order followed by the issuance of a written order by the end of the next business day.  The receiving institution or facility shall provide suitable housing and care of the afflicted person.  At the option of the tuberculosis control officer or the local health officer, an afflicted person may be transported by a health care provider, emergency medical services personnel, a physician, ambulance personnel, an ambulance service, guardian, conservator, parent, custodian, relative or friend to a designated institution or facility.  A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department, the tuberculosis control officer or the local health officer.

F. The admitting officer of an institution or facility that receives an afflicted person pursuant to subsection E of this section shall admit the afflicted person as an emergency patient and shall perform an examination to determine if the afflicted person must be isolated.

G. An afflicted person admitted pursuant to an emergency custody order shall be released from custody if the medical director of the receiving institution or facility, with the advice and consent of the tuberculosis control officer or a local health officer, determines that the afflicted person is any of the following:

1. Not afflicted with active tuberculosis.

2. Not a danger to another person or to the community and release is appropriate.

3. Qualified for release as a voluntary patient.

H. If an afflicted person is admitted pursuant to an emergency custody order, the tuberculosis control officer, the local health officer or a designated legal representative shall file a petition for public health protection within three business days after the detention unless the afflicted person has been accepted as a voluntary patient. The petition shall conform to the requirements of section 36-726.

I. At the time an afflicted person is taken into emergency custody pursuant to this section, the tuberculosis control officer or local health officer, within the limits of due diligence, shall promptly notify the afflicted person's physician, parent or guardian or an adult member of the afflicted person's family of the detention. The notification shall include the location of the detention, the terms and conditions of custody and the authority that ordered the afflicted person's detention. An afflicted person detained under this section or, if a minor or incapacitated person, the afflicted person's parent or guardian shall be informed by the tuberculosis control officer or the local health officer of the afflicted person's rights under this article, including the right to consult with an attorney and the right to have an attorney appointed by the court if the afflicted person cannot afford to employ an attorney. The afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian shall also be advised that if a petition for public health protection is filed the court shall appoint an attorney to consult with and to represent the afflicted person if the afflicted person cannot afford to employ an attorney.

J. If the afflicted person is a minor or incapacitated person, the tuberculosis control officer or local health officer shall use reasonable efforts to locate, contact and confer with a parent or guardian prior to initiating an intervention pursuant to this article.

K. In the event a parent or guardian of an afflicted person who is a minor or an incapacitated person cannot be located or the parent or guardian is unwilling to consent to a recommended intervention pursuant to this article, the tuberculosis control officer or local health officer, for the purpose of protecting the public health, may initiate any intervention that does not prescribe medical treatment for the minor or the incapacitated person unless medical treatment is otherwise authorized by section  14-5209, 14-5312, 44-132 or 44-133.

L. A petition for public health protection shall be filed with the clerk of the superior court within three business days after the afflicted person's emergency detention authorized pursuant to an order of the tuberculosis control officer or the local health officer. A petition filed pursuant to this subsection shall conform to the requirements of section 36-726. If a petition for public health protection is not filed within three business days after the detention, the afflicted person shall be immediately released from custody. An afflicted person who is released for this reason shall not be returned to emergency custody by a subsequent order unless the tuberculosis control officer or the local health officer first obtains an order from the superior court that permits detention pursuant to this article.

M. This section does not allow a private or public facility or agency to forcibly or involuntarily administer medications to an afflicted person unless authorized by the written order of the superior court pursuant to this article or as otherwise permitted by law.
A.R.S. § 36-504.01 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 504.01
36-504.01 Guardians and agents; rights in proceedings
Status: in_force

36-504.01. Guardians and agents; rights in proceedings

Guardians and agents who have decisional authority to make personal, medical and treatment decisions for a patient pursuant to an order of the court or pursuant to a validly executed mental health power of attorney in which the principal has been found incapable of giving informed consent have the following rights in any proceedings under this article regarding involuntary treatment of the patient:

1. To be notified of any petition for treatment, motion for amended court order, application for continued court-ordered treatment and request for judicial review.

2. If allowed by the court, to provide the court with the guardian's or agent's position regarding the relief being sought in any of the proceedings set forth in paragraph 1 of this section and to provide the court with any relevant information to help the court make a determination.

3. To provide relevant information to any agency providing inpatient or outpatient screening, evaluation or treatment to the patient.

4. When appropriate, to participate in treatment and discharge planning with the inpatient or outpatient treatment providers.
A.R.S. § 36-495.02 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.02
36-495.02 Exemptions
Status: in_force

36-495.02. Exemptions

A. This chapter does not apply to an environmental laboratory in this state that is:

1. Certified or designated by the United States environmental protection agency as the laboratory that provides analytical services to this state required for the delegation of primary enforcement responsibility under a federal law or regulation administered by that agency.

2. Operated by the Arizona department of agriculture or the department of health services.

3. Performing only compliance testing of parameters that require analysis at the time of sample collection as long as the testing methodologies employed are approved by the director of the department of health services or the department of environmental quality.

4. Licensed to perform those analyses for which it is licensed or certified by another agency of this state.

5. Accredited by a national voluntary laboratory accreditation program administered by the national institute of standards and technology and approved by the department.

B. In addition to the exemptions established in subsection A of this section, the director of the department of health services may also exempt by rule certain classes of environmental laboratories and types of compliance testing, parameters and methods, if the director determines that the exemptions will not adversely affect the public health or the environment. The rules shall be developed in cooperation with the director of the department of environmental quality and the director of the Arizona department of agriculture.
A.R.S. § 36-2861 — Arizona Code / Title 36 / Chapter 28.2 / Section 2861
36-2861 Contracts; professional services
Status: in_force

36-2861. Contracts; professional services

(Caution:  1998 Prop. 105 applies)

A. It is the public policy of this state that contracts related to marijuana establishments and marijuana testing facilities are enforceable.

B. A person that is licensed, certified or registered by any department, agency or regulatory board of this state is not subject to disciplinary action by that entity for providing professional assistance to a prospective or registered marijuana establishment, marijuana testing facility or other person for any lawful activity under this chapter.
A.R.S. § 36-466 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 466
36-466 Advisory committee on clinical laboratories; membership; duties
Status: in_force

36-466. Advisory committee on clinical laboratories; membership; duties

A. The advisory committee on clinical laboratories is established consisting of the following members:

1. Four physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are actively engaged in the practice of medicine.  The director shall appoint these members.

2. Two physicians who are licensed pursuant to title 32, chapter 13 or 17 and who are employed by a clinical laboratory as pathologists.  The director shall appoint these members.

3. The director or the director's designee.

B. The committee shall:

1. Annually select a chairperson and vice-chairperson from among its members.

2. Advise the department on the use and renewal of standing orders.

3. Conduct regular meetings at the call of the chairperson or a majority of the committee members.

C. The department shall adopt rules based on the recommendations of the advisory committee.

D. Committee members are not eligible to receive compensation or reimbursement of expenses.

E. The department shall provide necessary staff services to the committee.

F. The appointed committee members serve three-year terms.
A.R.S. § 36-404 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 404
36-404 Limitation of disclosure of information
Status: in_force

36-404. Limitation of disclosure of information

A. Information received and records kept by the department for the purpose of administering this chapter are available to the public except:

1. Information obtained for purposes of articles 4 and 5 of this chapter.

2. Personally identifiable medical information or any information from which a patient or the patient's family might be identified.

3. Sources of information that cause the department to believe that an inspection of an institution is needed to determine the extent of compliance with this chapter and rules adopted pursuant to this chapter.

4. Personally identifiable information of a physician that is received and any records kept regarding the physician's admitting privileges pursuant to section 36-449.02.

B. The department may release information listed under subsection A of this section to an officer of the court pursuant to a court order, a department or agency of this state or the federal government, a law enforcement agency or a county medical examiner if the release of this information is necessary and pertinent to an investigation or proceeding unless the release of this information is prohibited by federal or state law. The recipient shall maintain patient and source name confidentiality.
A.R.S. § 36-195 — Arizona Code / Title 36 / Chapter 1 / Article 5 / Section 195
36-195 Establishment of advisory committee by authorized local agency
Status: in_force

36-195. Establishment of advisory committee by authorized local agency

A. Each authorized local agency may establish an advisory committee to the agency and the department representing the needs and interests of the people who are inpatients or residents of nursing care institutions and residential care institutions in the area served by the agency.

B. If such a committee is established, the local agency shall appoint the members of the committee.

C. The committee shall be composed of at least six members. At least one-half of the members shall be consumers of health services who are not providers of health services. No more than one-sixth of the members shall be providers of nursing care services or residential care services.

D. Committee members shall serve in a voluntary capacity, except that the authorized local agency may reimburse committee members for subsistence and travel expenses while performing committee functions as determined by the authorized local agency.
A.R.S. § 36-845 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 845
36-845 Amending or revoking anatomical gift before donor's death
Status: in_force

36-845. Amending or revoking anatomical gift before donor's death

A. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may amend or revoke an anatomical gift by:

1. A record signed by either:

(a) The donor.

(b) The other person.

(c) Subject to the requirements of subsection B of this section, another individual acting at the direction of the donor or the other person if the donor or other person is physically unable to sign.

2. A later-executed document of gift that amends or revokes a previous anatomical gift or portion of an anatomical gift, either expressly or by inconsistency.

B. A record signed pursuant to subsection A, paragraph 1, subdivision (c) must:

1. Be witnessed by at least two adults, at least one of whom is a disinterested witness, who have signed at the request of the donor or the other person.

2. State that it has been signed and witnessed as prescribed in paragraph 1 of this subsection.

C. Subject to the requirements of section 36-847, a donor or other person authorized to make an anatomical gift pursuant to section 36-843 may revoke an anatomical gift by the destruction or cancellation of the document of gift, or the portion of the document of gift used to make the gift, with the intent to revoke the gift.

D. A donor may amend or revoke an anatomical gift that was not made in a will by any form of communication during a terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.

E. A donor who makes an anatomical gift in a will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as prescribed in subsection A of this section.
A.R.S. § 36-807 — Arizona Code / Title 36 / Chapter 7 / Article 1 / Section 807
36-807 Persons and institutions authorized to receive bodies; delivery expenses
Status: in_force

36-807. Persons and institutions authorized to receive bodies; delivery expenses

A. The department or its agent may take and receive or direct the delivery of bodies reported to it as provided by section 36-804 to hospitals, colleges and universities, physicians, surgeons and dentists it deems entitled thereto which have requested in writing to receive them, preference being given to hospitals and institutions of higher learning.

B. All expenses of delivery as directed by the department shall be paid by those receiving the body.
A.R.S. § 36-2164 — Arizona Code / Title 36 / Chapter 20 / Article 2 / Section 2164
36-2164 Construction of article
Status: in_force

36-2164. Construction of article

This article does not establish or recognize a right to an abortion and does not make lawful an abortion that is otherwise unlawful.
A.R.S. § 36-665 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 665
36-665 Order for disclosure of communicable disease related information
Status: in_force

36-665. Order for disclosure of communicable disease related information

A. Notwithstanding any other law, no court or administrative body may issue an order for the disclosure of or a search warrant for communicable disease related information, except as provided by this section. An administrative body includes any administrative law judge or hearing officer presiding over matters relating to the administrative body.

B. An order for disclosure of or a search warrant for communicable disease related information may be issued on an application showing any one of the following:

1. A compelling need for disclosure of the information for the adjudication of a criminal, civil or administrative proceeding.

2. A clear and imminent danger to a person whose life or health may unknowingly be at significant risk as a result of contact with the person to whom the information pertains.

3. If the application is filed by a state, county or local health officer, a clear and imminent danger to the public health.

4. That the applicant is lawfully entitled to the disclosure and the disclosure is consistent with the provisions of this article.

5. A clear and imminent danger to a person or to public health or a compelling need requiring disclosure of the communicable disease related information.

C. On receiving an application pursuant to this section, the court or administrative body shall enter an order directing that the file be sealed and not made available to any person, except to the extent necessary to conduct a proceeding in connection with the determination of whether to grant or deny the application, including an appeal. The court or administrative body shall also order that all subsequent proceedings in connection with the application be conducted in camera and, if appropriate to prevent the unauthorized disclosure of communicable disease related information, that pleadings, papers, affidavits, judgments, orders, briefs and memoranda of law that are part of the application or the decision not state the name of the person concerning whom communicable disease related information is sought.

D. The person concerning whom the information is sought and a person holding records from whom disclosure is sought shall be given adequate notice of the application in a manner which does not disclose to any other person the identity of the person and may file a written response to the application or appear in person for the limited purpose of providing evidence on the criteria for the issuance of an order pursuant to this section.

E. The court or administrative body may grant an order without notice and an opportunity to be heard if an ex parte application by a public health officer shows that a clear and imminent danger to a person whose life or health may unknowingly be at risk requires an immediate order and that notice to the individual about whom the information is sought is not reasonable under the circumstances.

F. Service of a subpoena is not required for actions brought pursuant to subsections D and E.

G. In assessing compelling need and clear and imminent danger, the court or administrative body shall provide written findings of fact, including scientific or medical findings, citing specific evidence in the record which supports each finding, and shall weigh the need for disclosure against the privacy interest of the protected person and the public interest which may be disserved by disclosure which deters future testing or treatment or which may lead to discrimination.

H. An order authorizing disclosure of or a search warrant for communicable disease related information shall:

1. Limit disclosure to that information which is necessary to fulfill the purpose for which the order is granted.

2. Limit disclosure to those persons whose need for the information is the basis for the order, and specifically prohibit redisclosure by persons to any other persons, whether or not they are parties to the action.

3. To the extent possible consistent with this section, conform to the provisions of this article.

4. Include other measures as deemed necessary to limit disclosures not authorized by the order.

I. Notwithstanding any other law, a court or administrative body shall not order the department, a county health department or a local health department to release HIV-related information in its possession.
A.R.S. § 36-732 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 732
36-732 Early release from court ordered treatment
Status: in_force

36-732. Early release from court ordered treatment

A. An afflicted person under court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article may be released before the expiration of the period ordered by the court if the petitioner or the medical director of the designated institution or program upon advice and consent from the tuberculosis control officer or the officer's designee determines through an examination and evaluation of the afflicted person that the afflicted person no longer has active tuberculosis or no longer poses a substantial danger to another person or to the community and that release is deemed appropriate.

B. Notice of the discharge from the institution, facility or program shall be promptly given to the judge of the court that entered the court order. Without further court order the afflicted person may be released or discharged in accordance with the terms set forth in the treatment plan or court order.

C. On a finding of good cause the court may order a further hearing on a motion for early discharge or to amend or modify an existing court order pursuant to an affidavit of the petitioner or intervenor or the afflicted person or the afflicted person's attorney that states the need for further evidentiary hearing and the reasons the hearing is necessary before the time set for the release of the afflicted person.
A.R.S. § 36-2918 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2918
36-2918 Prohibited acts; penalties; subpoena power
Status: in_force

36-2918. Prohibited acts; penalties; subpoena power

A. A person may not present or cause to be presented to this state or to a contractor:

1. A claim for a medical or other item or service that the person knows or has reason to know was not provided as claimed.

2. A claim for a medical or other item or service that the person knows or has reason to know is false or fraudulent.

3. A claim for payment that the person knows or has reason to know may not be made by the system because:

(a) The person was terminated or suspended from participation in the program on the date for which the claim is being made.

(b) The item or service claimed is substantially in excess of the needs of the individual or of a quality that fails to meet professionally recognized standards of health care.

(c) The patient was not a member on the date for which the claim is being made.

4. A claim for a physician's service or an item or service incidental to a physician's service, by a person who knows or has reason to know that the individual who furnished or supervised the furnishing of the service:

(a) Was not licensed as a physician.

(b) Obtained the license through a misrepresentation of material fact.

(c) Represented to the patient at the time the service was furnished that the physician was certified in a medical specialty by a medical specialty board if the individual was not certified.

5. A request for payment that the person knows or has reason to know is in violation of an agreement between the person and this state or the administration.

B. A person who violates a provision of subsection A of this section is subject, in addition to any other penalties that may be prescribed by federal or state law, to a civil penalty of not to exceed two thousand dollars for each item or service claimed and is subject to an assessment of not to exceed twice the amount claimed for each item or service.

C. The director or the director's designee shall make the determination to assess civil penalties and is responsible for the collection of penalty and assessment amounts.  The director shall adopt rules that prescribe procedures for the determination and collection of civil penalties and assessments.  Civil penalties and assessments imposed under this section may be compromised by the director or the director's designee in accordance with criteria established in rules.  The director or director's designee may make this determination in the same proceeding to exclude the person from system participation.

D. A person who is adversely affected by a determination of the director or the director's designee under this section may appeal that decision in accordance with provider grievance provisions set forth in rule. The final decision is subject to judicial review in accordance with title 12, chapter 7, article 6.

E. Amounts recovered under this section shall be deposited in the state general fund. The amount of such penalty or assessment may be deducted from any amount then or later owing by the administration or this state to the person against whom the penalty or assessment has been imposed.

F. If a civil penalty or assessment imposed pursuant to subsection C of this section is not paid, this state or the administration shall file an action to collect the civil penalty or assessment in the superior court in Maricopa county. Matters that were raised or could have been raised in a hearing before the director or in an appeal pursuant to title 12, chapter 7, article 6 may not be raised as a defense to the civil action. An action brought pursuant to this subsection shall be initiated within six years after the date the claim was presented, except that the time to file a collection action is tolled either:

1. After any administrative action arising out of or referencing the wrongful acts is commenced and until the action's final resolution, including any legal challenges to the action.

2. While the state and the administration did not know, and with the exercise of reasonable diligence, should not have known, that a claim was false, fraudulent or not provided as claimed.

G. Pursuant to an investigation of prohibited acts or fraud and abuse involving the system, the director, and any person designated by the director in writing, may examine any person under oath and issue a subpoena to any person to compel the attendance of a witness.  The administration by subpoena may compel the production of any record in any form necessary to support an investigation or an audit.  The administration shall serve the subpoenas in the same manner as subpoenas in a civil action.  If the subpoenaed person does not appear or does not produce the record, the director or the director's designee by affidavit may apply to the superior court in the county in which the controversy occurred and the court in that county shall proceed as though the failure to comply with the subpoena had occurred in an action in the court in that county.
A.R.S. § 36-662 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 662
36-662 Access to records
Status: in_force

36-662. Access to records

In conducting an investigation of a reportable communicable disease the department of health services and local health departments may inspect and copy medical or laboratory records in the possession of or maintained by a health care provider or health care facility which are related to the diagnosis, treatment and control of the specific communicable disease case reported. Requests for records shall be made in writing by the appropriate officer of the department of health services or local health department and shall specify the communicable disease case and the patient under investigation.
A.R.S. § 36-2817 — Arizona Code / Title 36 / Chapter 28.1 / Section 2817
36-2817 Medical marijuana fund; private donations; fund transfers; use of monies
Status: in_force

36-2817. Medical marijuana fund; private donations; fund transfers; use of monies

(Caution:  1998 Prop. 105 applies)

A. The medical marijuana fund is established consisting of fees collected, civil penalties imposed and private donations received under this chapter.  The department shall administer the fund.  Monies in the fund are continuously appropriated.

B. The director of the department may accept and spend private grants, gifts, donations, contributions and devises to assist in carrying out this chapter.

C. Monies in the medical marijuana fund may be used to provide grants for marijuana clinical trials conducted pursuant to section 36-2822.

D. Monies in the medical marijuana fund do not revert to the state general fund at the end of a fiscal year.

E. On November 30, 2020, the director of the department shall transfer the following sums from the medical marijuana fund for the following purposes:

1. $15,000,000 to the Arizona teachers academy fund established by section 15-1655.

2. $10,000,000 to the department to fund the formation and operation of councils, commissions and programs dedicated to improving public health, including teen suicide prevention, the maternal mortality review program, improving youth health, substance abuse prevention, addressing adverse childhood experiences, the Arizona poison control system established pursuant to section 36-1161, the Arizona health improvement plan, the child fatality review team established pursuant to section 36-3501 and the chronic pain self management program.

3. $10,000,000 to the governor's office of highway safety to distribute grants for the following purposes:

(a) Reducing impaired driving, including conducting training programs and purchasing equipment for detecting, testing and enforcing laws against driving, flying or boating while impaired.

(b) Equipment, training and personnel costs for dedicated traffic enforcement.

4. $2,000,000 to the department to implement, carry out and enforce chapter 28.2 of this title.

5. $4,000,000 to the department to distribute grants to qualified nonprofit entities that will provide outreach to individuals who may be eligible to file petitions for expungement pursuant to section 36-2862 and will assist with the expungement petition process.  The department shall distribute grants pursuant to this paragraph on or before June 30, 2021.

6. $2,000,000 to the department of health services to develop and implement, in conjunction with the department of economic security and other state agencies, a social equity ownership program to promote the ownership and operation of marijuana establishments and marijuana testing facilities by individuals from communities disproportionately impacted by the enforcement of previous marijuana laws. For the purposes of this paragraph, "marijuana establishment" and "marijuana testing facility" have the same meanings prescribed in section 36-2850.

7. $1,000,000 to the department to fund programs and grants to qualified nonprofit organizations for education and community outreach related to chapter 28.2 of this title.

8. $1,000,000 to the smart and safe Arizona fund established by section 36-2856.

F. After all costs incurred to implement, carry out and enforce this chapter and the rules adopted pursuant to this chapter are paid for fiscal year 2021-2022, the department shall transfer from the medical marijuana fund the following sums for the following purposes:

1. $1,250,000 to the department for suicide prevention.

2. $1,250,000 to the Arizona health care cost containment system for suicide prevention.

3. $2,000,000 to the institute for mental health research for research to improve mental health services, research and education in this state.

4. $2,000,000 to the department for the primary care provider loan repayment program and the rural private primary care provider loan repayment program established by chapter 21 of this title.  The department shall prioritize rural providers in the areas of mental health care and behavioral health care if feasible and appropriate.

5. $2,000,000 to the board of medical student loans for the purposes of title 15, chapter 13, article 7.  The board shall prioritize students who intend to practice in the area of psychiatry or other areas of practice that treat mental illness if feasible and appropriate.

6. $5,000,000 to county public health departments, in proportion to the population of each county, for the purposes of addressing important public health issues and communities affected by drug addiction and incarceration.

7. $1,000,000 to the department for the health care directives registry established pursuant to section 36-3291.

G. Monies transferred pursuant to subsection F of this section do not revert to the state general fund.

H. The director shall make a onetime transfer of $250,000 from the medical marijuana fund to the department to provide grants for marijuana research studies pursuant to section 36-2812.

I. The director may use monies in the medical marijuana fund to contract with laboratories pursuant to section 36-2803, subsection I to comply with the proficiency testing requirements of this chapter for independent third-party laboratories and marijuana testing facilities. On or before July 1 of each year, the department shall report to the joint legislative budget committee expenditures made pursuant to this subsection for the preceding fiscal year.
A.R.S. § 36-2903.06 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.06
36-2903.06 Cooperation with Arizona-Mexico commission
Status: in_force

36-2903.06. Cooperation with Arizona-Mexico commission

The administration shall cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the administration's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.
A.R.S. § 36-795.03 — Arizona Code / Title 36 / Chapter 6 / Article 10 / Section 795.03
36-795.03 Enforcement; violations; classification
Status: in_force

36-795.03. Enforcement; violations; classification

A. In addition to the violations and remedies specified in this section, violations and enforcement of this article are governed by chapter 8 of this title.

B. A processor or retailer that violates section 36-795.01, subsection B or section 36-795.02 is guilty of a class 2 misdemeanor.

C. In addition to and distinct from any other remedy at law or equity, a person aggrieved by a violation of section 36-795.01, subsection B or section 36-795.02, subsection A may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages.

D. A processor or retailer does not violate section 36-795.01, subsection B or section 36-795.02, subsection A if the court finds by a preponderance of the evidence that the processor or retailer relied in good faith on the representation of a manufacturer, packer or distributor that the food was a kratom product.
A.R.S. § 36-546.01 — Arizona Code / Title 36 / Chapter 5 / Article 7 / Section 546.01
36-546.01 Expedited appeal to the court of appeals
Status: in_force

36-546.01. Expedited appeal to the court of appeals

An order for court ordered treatment may be reviewed by appeal to the court of appeals as prescribed in the Arizona rules of civil procedure or by special action. Such appeal or special action shall be entitled to preference.
A.R.S. § 36-4009 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4009
36-4009 Petition for discharge; procedures; annual report
Status: in_force

36-4009. Petition for discharge; procedures; annual report

A. If the medical director determines that the committed defendant's mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if discharged but remains incompetent to stand trial, the medical director shall allow the committed defendant to petition the court for discharge. The committed defendant shall serve the petition on the court and the attorney for the state. The court shall hold a hearing on the petition for discharge within forty-five days after receiving the petition.

B. The committed defendant may be present at the discharge hearing. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party's own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant's mental illness, defect or disability has not changed and that the committed defendant remains dangerous. If the state does not meet its burden of proof, the committed defendant shall be discharged from treatment.

C. This section does not prohibit the committed defendant from annually petitioning the court for discharge without the approval of the medical director. The medical director shall give annual written notice to the committed defendant of the committed defendant's right to petition the court for discharge without the approval of the medical director and provide a copy of that written notice to the committed defendant in connection with proceedings under this article.  The notice shall contain a waiver of rights. The medical director shall submit the notice and waiver to the court with the annual examination report.

D. The medical director of each secure state mental health facility shall annually report the following information for the previous year to the Arizona criminal justice commission:

1. The number of committed defendants who are under the jurisdiction of the medical director because the individual is dangerous, incompetent and nonrestorable.

2. The number of individuals who are committed defendants and dangerous and who are released.
A.R.S. § 36-894.02 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 894.02
36-894.02 Out-of-school time program providers; roster requirements; school-age children
Status: in_force

36-894.02. Out-of-school time program providers; roster requirements; school-age children

An out-of-school time program provider that opts to be licensed as a child care facility pursuant to this article is not required to keep a roster of school-age children for each room or activity area within the child care facility if both of the following apply:

1. The program provider keeps a roster of school-age children who are present at the child care facility on entry to and exit from the child care facility.

2. The school-age children are supervised by designated staff as required by department rule when moving from one activity area to another activity area with their respective cohort.
A.R.S. § 36-446.03 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.03
36-446.03 Powers and duties of the board; rules; fees; fingerprinting
Status: in_force

36-446.03. Powers and duties of the board; rules; fees; fingerprinting

A. The board may adopt, amend or repeal reasonable and necessary rules and standards for the administration of this article in compliance with title XIX of the social security act, as amended.

B. The board by rule may adopt nonrefundable fees for the following:

1. Initial application for certification as an assisted living facility manager.

2. Examination for certification as an assisted living facility manager.

3. Issuance of a certificate as an assisted living facility manager, prorated monthly.

4. Biennial renewal of a certificate as an assisted living facility manager.

5. Issuance of a temporary certificate as an assisted living facility manager.

6. Readministering an examination for certification as an assisted living facility manager.

7. Issuance of a duplicate certificate as an assisted living facility manager.

8. Reviewing the sponsorship of continuing education programs, for each credit hour.

9. Late renewal of an assisted living facility manager certificate.

10. Reviewing an individual's request for continuing education credit hours, for each credit hour.

11. Reviewing initial applications for assisted living facility training programs.

12. Annual renewal of approved assisted living facility training programs.

C. The board may elect officers it deems necessary.

D. The board shall apply appropriate techniques, including examinations and investigations, to determine whether a person meets the qualifications prescribed in section 36-446.04.

E. On or before July 1, 2024, in addition to the requirements prescribed in section 36-446.04, the board shall require each applicant for initial nursing care institution administrator licensure or assisted living facility manager certification to submit a full set of fingerprints to the board for a state and federal criminal history records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

F. On its own motion or in response to any complaint against or report of a violation by an administrator of a nursing care institution or a manager of an assisted living facility, the board may conduct investigations, hearings and other proceedings concerning any violation of this article or of rules adopted by the board or by the department.

G. In connection with an investigation or administrative hearing, the board may administer oaths and affirmations, subpoena witnesses, take evidence and require by subpoena the production of documents, records or other information in any form concerning matters the board deems relevant to the investigation or hearing. If any subpoena issued by the board is disobeyed, the board may invoke the aid of any court in this state in requiring the attendance and testimony of witnesses and the production of evidence.

H. Subject to title 41, chapter 4, article 4, the board may employ persons to provide investigative, professional and clerical assistance as required to perform its powers and duties under this article. Compensation for board employees shall be as determined pursuant to section 38-611. The board may contract with other state or federal agencies as required to carry out this article.

I. The board may appoint review committees to make recommendations concerning enforcement matters and the administration of this article.

J. The board by rule may establish a program to monitor licensees and certificate holders who are chemically dependent and who enroll in rehabilitation programs that meet board requirements. The board may take disciplinary action if a licensee or a certificate holder refuses to enter into an agreement to enroll in and complete a board-approved rehabilitation program or fails to abide by that agreement.

K. The board shall adopt and use an official seal.

L. The board shall adopt rules for the examination and licensure of nursing care institution administrators and the examination and certification of assisted living facility managers.

M. The board shall adopt rules governing payment to a person for the direct or indirect solicitation or procurement of assisted living facility patronage.

N. The board must provide the chairpersons of the senate and the house of representatives health committees with copies of all board minutes and executive decisions.

O. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section.

P. The board by rule shall prescribe standards for assisted living facility training programs.  The board shall prescribe rules for assisted living facility caregivers that are consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers.

Q. The board may:

1. Grant, deny, suspend or revoke approval of, or place on probation, an assisted living facility training program.

2. Impose a civil penalty on an assisted living facility training program that violates this chapter or rules adopted pursuant to this chapter.
A.R.S. § 36-2930.02 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930.02
36-2930.02 Intergovernmental agreements for county behavioral health services fund; purpose
Status: in_force

36-2930.02. Intergovernmental agreements for county behavioral health services fund; purpose

The intergovernmental agreements for county behavioral health services fund is established consisting of county monies received by the administration to provide behavioral health services to persons identified through agreements with the counties.  The administration shall administer the fund.  Monies in the fund are continuously appropriated.
A.R.S. § 36-534 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 534
36-534 Change to voluntary status; discharge; notice; hearing
Status: in_force

36-534. Change to voluntary status; discharge; notice; hearing

A. If, after a petition for court-ordered treatment has been filed and prior to the hearing, the medical director of the evaluation agency finds that it is more appropriate to discharge the patient or to admit the proposed patient on a voluntary basis, the medical director, after receiving approval from the court, shall either discharge the patient or admit the patient for further treatment on a voluntary basis.

B. If the court approves admitting a patient for whom a petition has been filed by a prosecutor pursuant to section 13-4517 to voluntary treatment or before a patient is discharged pursuant to this section, the medical director shall provide notice to the prosecuting agency at least twenty-four hours before releasing or discharging the patient. The evaluation agency shall detain the person for an additional twenty-four hours to allow for notification to the prosecuting agency. The prosecuting agency may request a hearing to determine whether the court should order the defendant returned to custody for a disposition pursuant to section 13-4517.  For any hearing held pursuant to this subsection, the court shall order the medical director to provide the patient's records, including medical and treatment records, to the court and to the prosecuting agency.
A.R.S. § 36-334 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 334
36-334 Determining maternity and paternity for birth certificates
Status: in_force

36-334. Determining maternity and paternity for birth certificates

A. A person completing a birth certificate shall state the name of the woman who gave birth to the child on the birth certificate as the child's mother unless otherwise provided by law or court order.

B. The state registrar shall not refuse to register a birth certificate because the birth certificate does not include the name of the father.

C. If a father's name is stated on a birth certificate, the father's name shall be stated on a birth certificate as follows:

1. Except as provided in section 25-814, if the mother is married at the time of birth or was married at any time in the ten months before the birth, the name of the mother's husband.

2. If a mother and father who are not married to each other at the time of birth and were not married to each other in the ten months before the birth voluntarily acknowledge paternity pursuant to section 25-812, the name of the father acknowledging paternity.

3. If the state registrar receives an administrative order or a court order establishing paternity, the father's name in the order.

D. If the acknowledgement of paternity is rescinded pursuant to section 25-812, the state registrar shall remove the father's name from the registered birth certificate.
A.R.S. § 36-330.01 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 330.01
36-330.01 Delayed registration of certificate of birth resulting in stillbirth
Status: in_force

36-330.01. Delayed registration of certificate of birth resulting in stillbirth

If a birth resulting in stillbirth occurring in this state has not been registered within one year after the date of delivery, a certificate of birth resulting in stillbirth marked "delayed" may be submitted and registered pursuant to this chapter and rules adopted pursuant to this chapter and other requirements sufficient to substantiate the alleged facts of a birth resulting in stillbirth.
A.R.S. § 36-2552 — Arizona Code / Title 36 / Chapter 27 / Article 6 / Section 2552
36-2552 Continuation of rules
Status: repealed

36-2552. Continuation of rules

Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed.