A.R.S. § 36-2903 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903
36-2903 Arizona health care cost containment system; administrator; powers and duties of director and administrator; exemption from attorney general representation; definition
Status: in_force

36-2903. Arizona health care cost containment system; administrator; powers and duties of director and administrator; exemption from attorney general representation; definition

A. The Arizona health care cost containment system is established consisting of contracts with contractors for the provision of hospitalization and medical care coverage to members. Except as specifically required by federal law and by section 36-2909, the system is only responsible for providing care on or after the date that the person has been determined eligible for the system, and is only responsible for reimbursing the cost of care rendered on or after the date that the person was determined eligible for the system.

B. An agreement may be entered into with an independent contractor, subject to title 41, chapter 23, to serve as the statewide administrator of the system. The administrator has full operational responsibility, subject to supervision by the director, for the system, which may include any or all of the following:

1. Development of county-by-county implementation and operation plans for the system that include reasonable access to hospitalization and medical care services for members.

2. Contract administration and oversight of contractors, including certification instead of licensure for title XVIII and title XIX purposes.

3. Provision of technical assistance services to contractors and potential contractors.

4. Development of a complete system of accounts and controls for the system including provisions designed to ensure that covered health and medical services provided through the system are not used unnecessarily or unreasonably including but not limited to inpatient behavioral health services provided in a hospital. Periodically the administrator shall compare the scope, utilization rates, utilization control methods and unit prices of major health and medical services provided in this state in comparison with other states' health care services to identify any unnecessary or unreasonable utilization within the system.  The administrator shall periodically assess the cost effectiveness and health implications of alternate approaches to the provision of covered health and medical services through the system in order to reduce unnecessary or unreasonable utilization.

5. Establishment of peer review and utilization review functions for all contractors.

6. Assistance in the formation of medical care consortiums to provide covered health and medical services under the system for a county.

7. Development and management of a contractor payment system.

8. Establishment and management of a comprehensive system for assuring the quality of care delivered by the system.

9. Establishment and management of a system to prevent fraud by members, subcontracted providers of care, contractors and noncontracting providers.

10. Coordination of benefits provided under this article to any member. The administrator may require that contractors and noncontracting providers are responsible for the coordination of benefits for services provided under this article.  Requirements for coordination of benefits by noncontracting providers under this section are limited to coordination with standard health insurance and disability insurance policies and similar programs for health coverage.

11. Development of a health education and information program.

12. Development and management of an enrollment system.

13. Establishment and maintenance of a claims resolution procedure to ensure that ninety per cent of the clean claims shall be paid within thirty days of receipt and ninety-nine per cent of the remaining clean claims shall be paid within ninety days of receipt. For the purposes of this paragraph, "clean claims" has the same meaning prescribed in section 36-2904, subsection G.

14. Establishment of standards for the coordination of medical care and patient transfers pursuant to section 36-2909, subsection B.

15. Establishment of a system to implement medical child support requirements, as required by federal law.  The administration may enter into an intergovernmental agreement with the department of economic security to implement this paragraph.

16. Establishment of an employee recognition fund.

17. Establishment of an eligibility process to determine whether a medicare low income subsidy is available to persons who want to apply for a subsidy as authorized by title XVIII.

C. If an agreement is not entered into with an independent contractor to serve as statewide administrator of the system pursuant to subsection B of this section, the director shall ensure that the operational responsibilities set forth in subsection B of this section are fulfilled by the administration and other contractors as necessary.

D. If the director determines that the administrator will fulfill some but not all of the responsibilities set forth in subsection B of this section, the director shall ensure that the remaining responsibilities are fulfilled by the administration and other contractors as necessary.

E. The administrator or any direct or indirect subsidiary of the administrator is not eligible to serve as a contractor.

F. Except for reinsurance obtained by contractors, the administrator shall coordinate benefits provided under this article to any eligible person who is covered by workers' compensation, disability insurance, a hospital and medical service corporation, a health care services organization, an accountable health plan or any other health or medical or disability insurance plan including coverage made available to persons defined as eligible by section 36-2901, paragraph 6, subdivisions (b), (c), (d) and (e), or who receives payments for accident-related injuries, so that any costs for hospitalization and medical care paid by the system are recovered from any other available third party payors. The administrator may require that contractors and noncontracting providers are responsible for the coordination of benefits for services provided under this article.  Requirements for coordination of benefits by noncontracting providers under this section are limited to coordination with standard health insurance and disability insurance policies and similar programs for health coverage.  The system shall act as payor of last resort for persons eligible pursuant to section 36-2901, paragraph 6, subdivision (a), section 36-2974 or section 36-2981, paragraph 6 unless specifically prohibited by federal law.  By operation of law, eligible persons assign to the system and a county rights to all types of medical benefits to which the person is entitled, including first party medical benefits under automobile insurance policies based on the order of priorities established pursuant to section 36-2915.  The state has a right to subrogation against any other person or firm to enforce the assignment of medical benefits. The provisions of this subsection are controlling over the provisions of any insurance policy that provides benefits to an eligible person if the policy is inconsistent with the provisions of this subsection.

G. Notwithstanding subsection E of this section, the administrator may subcontract distinct administrative functions to one or more persons who may be contractors within the system.

H. The director shall require as a condition of a contract with any contractor that all records relating to contract compliance are available for inspection by the administrator and the director subject to subsection I of this section and that such records be maintained by the contractor for five years.  The director shall also require that these records be made available by a contractor on request of the secretary of the United States department of health and human services, or its successor agency.

I. Subject to existing law relating to privilege and protection, the director shall prescribe by rule the types of information that are confidential and circumstances under which such information may be used or released, including requirements for physician-patient confidentiality.  Notwithstanding any other provision of law, such rules shall be designed to provide for the exchange of necessary information among the counties, the administration and the department of economic security for the purposes of eligibility determination under this article.  Notwithstanding any law to the contrary, a member's medical record shall be released without the member's consent in situations or suspected cases of fraud or abuse relating to the system to an officer of the state's certified Arizona health care cost containment system fraud control unit who has submitted a written request for the medical record.

J. The director shall prescribe rules that specify methods for:

1. The transition of members between system contractors and noncontracting providers.

2. The transfer of members and persons who have been determined eligible from hospitals that do not have contracts to care for such persons.

K. The director shall adopt rules that set forth procedures and standards for use by the system in requesting county long-term care for members or persons determined eligible.

L. To the extent that services are furnished pursuant to this article, and unless otherwise required pursuant to this chapter, a contractor is not subject to title 20.

M. As a condition of the contract with any contractor, the director shall require contract terms as necessary in the judgment of the director to ensure adequate performance and compliance with all applicable federal laws by the contractor of the provisions of each contract executed pursuant to this chapter.  Contract provisions required by the director shall include at a minimum the maintenance of deposits, performance bonds, financial reserves or other financial security.  The director may waive requirements for the posting of bonds or security for contractors that have posted other security, equal to or greater than that required by the system, with a state agency for the performance of health service contracts if funds would be available from such security for the system on default by the contractor.  The director may also adopt rules for the withholding or forfeiture of payments to be made to a contractor by the system for the failure of the contractor to comply with a provision of the contractor's contract with the system or with the adopted rules. The director may also require contract terms allowing the administration to operate a contractor directly under circumstances specified in the contract. The administration shall operate the contractor only as long as it is necessary to assure delivery of uninterrupted care to members enrolled with the contractor and accomplish the orderly transition of those members to other system contractors, or until the contractor reorganizes or otherwise corrects the contract performance failure. The administration shall not operate a contractor unless, before that action, the administration delivers notice to the contractor and provides an opportunity for a hearing in accordance with procedures established by the director.  Notwithstanding the provisions of a contract, if the administration finds that the public health, safety or welfare requires emergency action, it may operate as the contractor on notice to the contractor and pending an administrative hearing, which it shall promptly institute.

N. The administration for the sole purpose of matters concerning and directly related to the Arizona health care cost containment system and the Arizona long-term care system is exempt from section 41-192.

O. Notwithstanding subsection F of this section, if the administration determines that according to federal guidelines it is more cost-effective for a person defined as eligible under section 36-2901, paragraph 6, subdivision (a) to be enrolled in a group health insurance plan in which the person is entitled to be enrolled, the administration may pay all of that person's premiums, deductibles, coinsurance and other cost sharing obligations for services covered under section 36-2907. The person shall apply for enrollment in the group health insurance plan as a condition of eligibility under section 36-2901, paragraph 6, subdivision (a).

P. The total amount of state monies that may be spent in any fiscal year by the administration for health care shall not exceed the amount appropriated or authorized by section 35-173 for all health care purposes. This article does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

Q. Notwithstanding section 36-470, a contractor or program contractor may receive laboratory tests from a laboratory or hospital-based laboratory for a system member enrolled with the contractor or program contractor subject to all of the following requirements:

1. The contractor or program contractor shall provide a written request to the laboratory in a format mutually agreed to by the laboratory and the requesting health plan or program contractor. The request shall include the member's name, the member's plan identification number, the specific test results that are being requested and the time periods and the quality improvement activity that prompted the request.

2. The laboratory data may be provided in written or electronic format based on the agreement between the laboratory and the contractor or program contractor. If there is no contract between the laboratory and the contractor or program contractor, the laboratory shall provide the requested data in a format agreed to by the noncontracted laboratory.

3. The laboratory test results provided to the member's contractor or program contractor shall only be used for quality improvement activities authorized by the administration and health care outcome studies required by the administration.  The contractors and program contractors shall maintain strict confidentiality about the test results and identity of the member as specified in contractual arrangements with the administration and pursuant to state and federal law.

4. The administration, after collaboration with the department of health services regarding quality improvement activities, may prohibit the contractors and program contractors from receiving certain test results if the administration determines that a serious potential exists that the results may be used for purposes other than those intended for the quality improvement activities.  The department of health services shall consult with the clinical laboratory licensure advisory committee established by section 36-465 before providing recommendations to the administration on certain test results and quality improvement activities.

5. The administration shall provide contracted laboratories and the department of health services with an annual report listing the quality improvement activities that will require laboratory data. The report shall be updated and distributed to the contracting laboratories and the department of health services when laboratory data is needed for new quality improvement activities.

6. A laboratory that complies with a request from the contractor or program contractor for laboratory results pursuant to this section is not subject to civil liability for providing the data to the contractor or program contractor. The administration, the contractor or a program contractor that uses data for reasons other than quality improvement activities is subject to civil liability for this improper use.

R. For the purposes of this section, "quality improvement activities" means those requirements, including health care outcome studies specified in federal law or required by the centers for medicare and medicaid services or the administration, to improve health care outcomes.
A.R.S. § 36-797.43 — Arizona Code / Title 36 / Chapter 6 / Article 13 / Section 797.43
36-797.43 Care and treatment of children with sickle cell anemia; reimbursement
Status: in_force

36-797.43. Care and treatment of children with sickle cell anemia; reimbursement

A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of children suffering from sickle cell anemia.

B. The parent or other responsible person, agency or third-party payor shall reimburse the department for part or all of the costs of services rendered to a child pursuant to this section according to a scale of rates and charges established by the department and based on the cost of services provided and the ability of the parent or responsible person to pay for these services.
A.R.S. § 36-2162 — Arizona Code / Title 36 / Chapter 20 / Article 2 / Section 2162
36-2162 Complications; reporting requirements
Status: in_force

36-2162. Complications; reporting requirements

A. A health professional who provides medical care or treatment to a woman who, in the good faith judgment of the health professional, is in need of medical care because of a complication or complications resulting from having undergone an abortion or attempted abortion must file a report with the department of health services on a form prescribed by the department.  The report shall not identify the individual patient by name but must contain the following information and other information as the department may require:

1. The date of the abortion.

2. The woman's age.

3. The number of pregnancies the woman may have had before the abortion.

4. The number and type of abortions the woman may have had before this abortion.

5. The name and address of the facility where the abortion was performed.

6. The gestational age of the unborn child at the time of the abortion, if known.

7. The type of abortion performed, if known.

8. The nature of the complication or complications, including at least one of the following:

(a) Shock.

(b) Uterine perforation.

(c) Cervical laceration requiring suture or repair.

(d) Heavy bleeding or hemorrhage with estimated blood loss of at least five hundred cubic centimeters.

(e) Aspiration or allergic response.

(f) Postprocedure infection.

(g) Sepsis.

(h) Incomplete abortion retaining part of the fetus requiring reevacuation.

(i) Damage to the uterus.

(j) Failed termination of pregnancy.

(k) Death of the patient.

(l) Other.

9. The medical treatment given.

10. The nature and extent, if known, of any permanent condition caused by the complication.

B. The hospital or facility shall complete the complication report, which may be signed electronically and shall indicate that the person who signs the report is attesting that the information in the report is correct to the best of that person's knowledge.  The hospital or facility must transmit the report to the department within fifteen days after the last day of each reporting month.

C. Any report filed pursuant to this section shall be filed electronically at an internet website that is designated by the department unless the person required to file the report applies for a waiver from electronic reporting by submitting a written request to the department.
A.R.S. § 36-797.01 — Arizona Code / Title 36 / Chapter 6 / Article 12 / Section 797.01
36-797.01 HIV action program; duties; report
Status: in_force

36-797.01. HIV action program; duties; report

A. The director shall establish and implement the HIV action program in the department to meet at least the following requirements:

1. On or before November 1, 2020, complete a statewide HIV prevention and care needs assessment of target populations, including people living with substance use issues.

2. Identify community-based agencies that serve the HIV population and that are outside the known HIV service system.

3. Conduct outreach to increase community involvement in HIV prevention, education and stigma reduction in this state.

4. Develop a social media initiative using new and traditional media to engage at-risk populations to be tested for HIV infection in this state.

5. Analyze data from the statewide HIV prevention and care needs assessment annually to develop and implement HIV training and education initiatives in this state.

B. On or before January 1, 2021, the department shall provide a report to the governor, the speaker of the house of representatives and the president of the senate regarding the outcomes of the statewide HIV prevention and care needs assessment and the program's action plan pursuant to subsection A of this section.  The department shall provide a copy of the report to the secretary of state.
A.R.S. § 36-2903.11 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.11
36-2903.11 AHCCCS contractors; emergency department use; annual reporting
Status: in_force

36-2903.11. AHCCCS contractors; emergency department use; annual reporting

A. A contractor shall intervene if a member inappropriately seeks care at a hospital emergency department four times or more in a six-month period to educate the member regarding the proper use of emergency services.

B. A contractor shall report to the administration in a manner prescribed by the administration the number of times the contractor intervenes with members pursuant to this section.

C. On or before December 1, 2017 and on or before December 1 of each year thereafter, the administration shall report to the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting on the use of emergency departments for nonemergency purposes by members.
A.R.S. § 36-2263 — Arizona Code / Title 36 / Chapter 21.1 / Article 3 / Section 2263
36-2263 Civil liability; limited immunity; Good Samaritan
Status: in_force

36-2263. Civil liability; limited immunity; Good Samaritan

A. The following persons and entities are not subject to civil liability for any personal injury that results from any act or omission that does not amount to wilful misconduct or gross negligence:

1. A physician who provides oversight.

2. A person or entity that provides training in cardiopulmonary resuscitation and use of an automated external defibrillator.

3. A person or entity that acquires an automated external defibrillator pursuant to this article.

4. The owner of the property or facility where the automated external defibrillator is located.

5. A person or entity that provides the automated external defibrillator pursuant to this article.

6. A nonprofit entity that, in the placement of an automated external defibrillator pursuant to this article, acts as an intermediary between the provider of an automated external defibrillator and the person or entity that acquired the automated external defibrillator or the owner of the property or facility where the automated external defibrillator is located.

7. A Good Samaritan.  For the purposes of this paragraph, "Good Samaritan" means a person who uses an automated external defibrillator to render emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency.

8. A trained user.

B. The exception from civil liability provided in subsection A does not affect a manufacturer's product liability regarding the design, manufacturing or instructions for use and maintenance of an automated external defibrillator.
A.R.S. § 36-798 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798
36-798 Definitions
Status: in_force

36-798. Definitions

In this article, unless the context otherwise requires:

1. "Bar" means that portion of any premises licensed under section 4-209, subsection B, paragraph 6, 7, 11, 12 or 14 that is primarily used for the selling, consumption or serving of alcoholic beverages and that is not primarily used for the consumption of food on the premises.

2. "Beedies" or "bidis" means a product containing tobacco that is wrapped in temburni leaf (diospyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis.

3. "Cigar" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in tobacco.

4. "Cigarette" means a roll of tobacco or any lawful substitute for tobacco that is wrapped in paper or in any substance other than tobacco.

5. "Minor" means a person who is under eighteen years of age.

6. "Retail tobacco vendor" means a person who possesses tobacco or tobacco products for the purpose of selling them for consumption and not for resale.

7. "Smokeless tobacco" includes shredded tobacco, snuff, cavendish and plug, twist and other tobacco products that are intended for oral use but not for smoking.

8. "Smoking tobacco" includes any tobacco or tobacco product, other than cigarettes and cigars, that is intended to be smoked.

9. "Tobacco products" includes cigarettes, cigarette papers, cigars, smokeless tobacco and smoking tobacco.

10. "Vending machine" means any mechanical, electrical or electronic device that, on insertion of money, tokens or any other form of payment, automatically dispenses tobacco products.
A.R.S. § 36-3909 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3909
36-3909 Drainage
Status: in_force

36-3909. Drainage

In every children's camp all kitchen, toilet, bath and other drainage shall be disposed of in such manner as to prevent fly and mosquito breeding and the pollution of any water or food supply.
A.R.S. § 36-149 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 149
36-149 Searchable online database; health profession regulatory boards; license and certification revocations; definitions
Status: in_force

36-149. Searchable online database; health profession regulatory boards; license and certification revocations; definitions

A. Each health profession regulatory board shall report to the department:

1. The revocation of a health professional's license or certification.

2. All license and certification revocations that have occurred beginning July 1, 2019 through July 1, 2024.

B. On or before July 1, 2024, the department shall create a searchable online database that is posted on the department's public website that contains, at a minimum, the names of the health professionals who have had a license or certification revoked in the preceding five years, the date of the revocation and the health profession regulatory board that revoked the license or certification. The department shall inform the health profession regulatory boards of the information that is required to be reported to the department for the database.

C. For the purposes of this section, "health profession regulatory board" and "health professional" have the same meanings prescribed in section 32-3201.
A.R.S. § 36-2907.15 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.15
36-2907.15 Opioid use disorder treatment; standards; centers of excellence; annual report
Status: in_force

36-2907.15. Opioid use disorder treatment; standards; centers of excellence; annual report

A. On or before December 31, 2019, the administration and the department of health services shall establish standards for designating centers of excellence for treating opioid use disorder statewide. The director of the Arizona health care cost containment system shall publish the draft standards on the administration's public website and hold at least two public hearings to receive input before implementing the standards. The administration shall publish the final standards for designating centers of excellence for treating opioid use disorder on its public website.

B. At a minimum, the standards established pursuant to subsection A of this section shall include:

1. Information regarding opioid treatment program providers and facilities.

2. Information regarding office-based opioid agonist treatment providers.

3. Parameters to ensure coordination of care that includes behavioral health, physical health and medication-assisted treatment for opioid use disorder.

4. Tracking and reporting requirements that identify:

(a) Treatment capacity.

(b) Quantitative metrics related to quality of care and patient outcomes.

(c) Qualitative metrics related to patient satisfaction.

5. An annual evaluation by a third-party auditor of the accuracy and completeness of data provided by the centers of excellence.

C. The administration shall establish a statewide learning collaborative to share best practices and establish peer-to-peer support between centers of excellence.

D. The administration shall maintain an accurate list of designated centers of excellence, including contact information, on its website.

E. Designated centers of excellence shall:

1. Increase capacity for treating opioid use disorder in opioid treatment programs and office-based opioid agonist treatment statewide.

2. Demonstrate effective delivery of medication-assisted treatment for opioid use disorder using evidence-based practices as defined by the substance abuse and mental health services administration, a federally designated accreditation agency for rehabilitation facilities and the administration.

3. Comply with all tracking, reporting and evaluation requirements.

4. Participate in the statewide learning collaborative.

F. On or before January 15 of each year, the administration shall submit a report to the governor, the president of the senate and the speaker of the house of representatives, and shall provide a copy to the secretary of state, outlining:

1. The standards for designating centers of excellence.

2. The statewide list of designated centers of excellence.

3. A summary of the performance of the centers of excellence.
A.R.S. § 36-2220 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2220
36-2220 Records; confidentiality; definition
Status: in_force

36-2220. Records; confidentiality; definition

A. Information developed, records kept and data collected by the department or a political subdivision of this state for the purpose of administering or evaluating the Arizona emergency medical services system or for the trauma system are available to the public except:

1. Any patient record, including clinical records, prehospital care records, medical reports, laboratory statements and reports, any file, film, record or report or oral statement relating to diagnostic findings, treatment or outcome of patients, whether written or recorded, and any information from which a patient, the patient's family or the patient's health care provider or facility might be identified except records, files and information are available to the patient, the patient's guardian or the patient's agent.

2. Information obtained and data collected for purposes of chapter 25 or chapter 4, article 5 of this title.

B. Unless otherwise provided by law, all medical records developed and kept by a prehospital component of the statewide trauma system and information contained in these records are confidential and may not be released to the public without written authorization by the patient, the patient's guardian or the patient's agent.

C. Notwithstanding subsection B of this section, a prehospital incident history report completed and kept by a nonhospital political subdivision of this state is available to the public except for information in that report that is protected from disclosure by the laws of this state or federal law, including confidential patient treatment information.

D. Patient records and medical records covered by this section may be obtained pursuant to section 12-2294.01.

E. Information, documents and records received by the department or prepared by the department in connection with an investigation that is conducted pursuant to this article and that relates to emergency medical care technicians are confidential and are not subject to public inspection or civil discovery.  The results of the investigation and the decision of the department are available to the public after the investigation is completed and the investigation file is closed.

F. For the purposes of this section, "prehospital incident history report" means a record of the prehospital response, nature of the incident and transportation of an emergency medical services patient that is documented on a prehospital incident history report.
A.R.S. § 36-755 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 755
36-755 Powers and duties of the director
Status: in_force

36-755. Powers and duties of the director

A. The director may adopt rules necessary for the proper administration and enforcement of this article.

B. The director shall, by rule:

1. Define and describe, consistent with this article and the laws of this state, the duties and limits of the practice of midwifery.

2. Adopt standards with respect to the practice of midwifery designed to safeguard the health and safety of the mother and child.

3. Establish the criteria for granting, denying, suspending and revoking a license in order to protect the health and safety of the mother and child.

4. Describe and define reasonable and necessary minimum qualifications for midwives, including:

(a) The ability to read and write.

(b) Knowledge of the fundamentals of hygiene.

(c) The ability to recognize abnormal or potentially abnormal conditions during pregnancy, labor and delivery and following birth.

(d) Knowledge of the laws of this state concerning reporting of births, prenatal blood tests and newborn screening and of the rules pertaining to midwifery.

(e) Education requirements.

(f) Age requirements.
A.R.S. § 36-681 — Arizona Code / Title 36 / Chapter 6 / Article 4.2 / Section 681
36-681 Governmental entities; masks; prohibition; exception; definition
Status: in_force

36-681. Governmental entities; masks; prohibition; exception; definition

A. A governmental entity may not impose any requirement to wear a mask or face covering anywhere on the governmental entity's premises, except where long-standing workplace safety and infection control measures that are unrelated to COVID-19 may be required.

B. The requirements of this section do not apply to a special health care district established pursuant to title 48, chapter 31.

C. For the purposes of this section, "governmental entity" means this state and any political subdivision of this state, including the judiciary, that receives and uses state tax revenues.
A.R.S. § 36-931 — Arizona Code / Title 36 / Chapter 8 / Article 2 / Section 931
36-931 Definitions
Status: in_force

36-931. Definitions

In this article, unless the context otherwise requires:

1. "Cottage food product":

(a) Means a food that is prepared in a home kitchen by or under the direct supervision of an individual who is registered with the department and that either, as defined by the department in rule:

(i) Is not potentially hazardous or does not require time or temperature control for safety.

(ii) Is potentially hazardous or requires time or temperature control for safety.

(b) Does not include alcoholic beverages, unpasteurized milk or foods that are or that contain alcoholic beverages, fish and shellfish products, meat, meat by-products, poultry or poultry by-products unless the sale of those items is allowed by federal law, including all of the following:

(i) Poultry, poultry by-products or poultry food products if the registered food preparer raised the poultry pursuant to the one thousand bird exemption set forth in 9 Code of Federal Regulations section 381.10(c).

(ii) Poultry, poultry by-products or poultry food products if the poultry is from an inspected source pursuant to 9 Code of Federal Regulations section 381.10(d).

(iii) Meat, meat by-products or meat food products if the meat is from an inspected source pursuant to 9 Code of Federal Regulations section 303.1(d).

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

3. "Home kitchen" means a kitchen in either, as applicable:

(a) The residential home or dwelling of the individual who is registered with the department to prepare cottage food products, of a type that is normally found in a residential home and that does not exceed one thousand square feet.

(b) A facility for individuals with developmental disabilities and of a type normally found in a facility for individuals with developmental disabilities.

4. "Potentially hazardous" means that a cottage food product does not meet the requirements of the food code published by the United States food and drug administration, as modified and incorporated by reference by the department by rule.

5. "Third-party food delivery platform" means an online business that acts as an intermediary between consumers and multiple food facilities to submit food orders from a consumer to a participating food facility and to arrange for the delivery of the order from the food facility to the consumer.
A.R.S. § 36-1940.04 — Arizona Code / Title 36 / Chapter 17 / Article 4 / Section 1940.04
36-1940.04 Speech-language pathology assistants; licensure requirements; scope of practice; supervision
Status: in_force

36-1940.04. Speech-language pathology assistants; licensure requirements; scope of practice; supervision

A. A person who wishes to be licensed as a speech-language pathology assistant shall:

1. Submit a nonrefundable application fee as prescribed by section 36-1908.

2. Submit written evidence satisfactory to the director that the applicant has completed:

(a) An approved training program for speech-language pathology assistants or the equivalent from a nationally or regionally accredited college or university that consisted of a minimum of sixty semester credit hours of coursework with the following curriculum content:

(i) Twenty to forty semester credit hours of general education or a bachelor's degree.

(ii) Twenty to forty semester credit hours of speech-language pathology technical coursework.

(b) A minimum of one hundred hours of clinical interaction that does not include observation, under the supervision of a licensed master's level speech-language pathologist.

3. Not have had a license revoked or suspended by a state within the preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.

B. The director may waive the requirements of subsection A, paragraph 2 of this section if the applicant holds certification as a speech-language pathology assistant from a nationally recognized speech-language hearing association approved by the department in the field for which the applicant is applying for licensure.

C. A speech-language pathology assistant may do the following under the supervision of a licensed speech-language pathologist:

1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech-language pathologist.

2. Provide direct treatment assistance, including feeding for nutritional purposes to patients, clients or students except for patients, clients or students with dysphagia, identified by the supervising speech-language pathologist by following written treatment plans, individualized education programs, individual support plans or protocols developed by the supervising speech-language pathologist.

3. Document patient, client or student progress toward meeting established objectives as stated in the treatment plan, individual support plan or individualized education program without interpreting the findings and report this information to the supervising speech-language pathologist.

4. Assist the speech-language pathologist in collecting and tallying data for assessment purposes, without interpreting the data.

5. Act as a second-language interpreter during assessments.

6. Assist with informal documentation during an intervention session by collecting and tallying data as directed by the speech-language pathologist, preparing materials and assisting with other clerical duties as specified by the supervising speech-language pathologist.

7. Schedule activities and prepare charts, records, graphs or other displays of data.

8. Perform checks and maintenance of equipment.

9. Participate with the speech-language pathologist in research projects, in-service training and public relations programs.

10. Sign and initial treatment notes for review and cosignature by the supervising speech-language pathologist.

D. A speech-language pathology assistant shall not:

1. Conduct swallowing screening, assessment and intervention protocols, including modified barium swallow studies.

2. Administer standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results.

3. Participate in parent conferences, case conferences or any interdisciplinary team meeting without the presence of the supervising speech-language pathologist, except for individualized education program or individual support plan meetings if the licensed speech-language pathologist has been excused by the individualized education program team or the individual support plan team.

4. Write, develop or modify a patient's, client's or student's treatment plan, individual support plan or individualized education program in any way.

5. Provide intervention for patients, clients or students without following the treatment plan, individual support plan or individualized education program prepared by the supervising speech-language pathologist.

6. Sign any formal documents, including treatment plans, individual support plans, individualized education programs, reimbursement forms or reports.

7. Select patients, clients or students for services.

8. Discharge patients, clients or students from services.

9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone not designated by the speech-language pathologist.

10. Make a referral for any additional service.

11. Communicate with the patient, client or student or with family or others regarding any aspect of the patient, client or student status without the specific consent of the supervising speech-language pathologist.

12. Claim to be a speech-language pathologist.

13. Write a formal screening, diagnostic, progress or discharge note.

14. Perform any task without the express knowledge and approval of the supervising speech-language pathologist.

E. All services provided by a speech-language pathology assistant shall be performed under the direction and supervision of a speech-language pathologist who is licensed pursuant to this chapter.

F. A licensed speech-language pathologist who supervises or directs the services provided by a speech-language pathology assistant shall:

1. Have at least two years of full-time professional experience as a licensed speech-language pathologist.

2. Provide direction and supervision to not more than two full-time or three part-time speech-language pathology assistants at one time.

3. Ensure that the amount and type of supervision and direction provided to a speech-language pathology assistant is consistent with the individual's skills and experience, the needs of the patient, client or student served, the setting in which services are provided and the tasks assigned and provide:

(a) At least twenty percent direct supervision and ten percent indirect supervision of all the time that the speech-language pathology assistant is providing services during the individual's first ninety days of employment. After the first ninety days of the speech-language pathology assistant's employment, the supervising speech-language pathologist may adjust the amount of supervision if the supervising speech-language pathologist determines that the speech-language pathology assistant meets appropriate competencies and skill levels regarding various disorders of communication and related disorders.  Minimum ongoing supervision after the first ninety days shall include documentation of direct and indirect supervision provided by the supervising speech-language pathologist and shall include at least one hour of direct supervision weekly and as much indirect supervision as needed to maintain the delivery of quality services. Minimum ongoing supervision after the first ninety days shall include documentation by the supervising speech-language pathologist of the supervisor's direct contact with at least ten percent of the speech-language pathology assistant's patients, clients or students served each quarter. The supervising speech-language pathologist shall ensure that the ten percent direct client contact varies each quarter. The supervising speech-language pathologist shall require direct supervision of a speech-language pathology assistant when services are provided to a medically fragile individual.

(b) At least ten percent direct supervision and ten percent indirect supervision of all the time that the speech-language pathology assistant is providing services during the individual's first thirty days of employment if the speech-language pathology assistant completed supervision pursuant to subdivision (a) of this paragraph at a previous employer and provides documentation of that supervision to the supervising speech-language pathologist. After the first thirty days of the speech-language pathology assistant's employment, the supervising speech-language pathologist may adjust the amount of supervision if the supervising speech-language pathologist determines that the speech-language pathology assistant meets appropriate competencies and skill levels regarding various disorders of communication and related disorders.  Minimum ongoing supervision after the first thirty days of employment shall include documentation of direct and indirect supervision provided by the supervising speech-language pathologist and shall include at least one hour of direct supervision weekly and as much indirect supervision as needed to maintain the delivery of quality services.  Minimum ongoing supervision after the first ninety days shall include documentation by the supervising speech-language pathologist of the supervisor's direct contact with at least ten percent of the speech-language pathology assistant's patients, clients or students served each quarter. The supervising speech-language pathologist shall ensure that the ten percent direct client contact varies each quarter. The supervising speech-language pathologist shall require direct supervision of a speech-language pathology assistant when services are provided to a medically fragile individual.

4. Inform a patient, client or student when the services of a speech-language pathology assistant are being provided.

5. Document all periods of direct supervision and indirect supervision provided to a speech-language pathology assistant.

G. If more than one speech-language pathologist provides supervision to a speech-language pathology assistant, one of the speech-language pathologists shall be designated as the primary supervisor who is responsible for coordinating any supervision provided by other speech-language pathologists.
A.R.S. § 36-446.16 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.16
36-446.16 Assisted living facility caregivers; training requirements; board standards; definition
Status: in_force

36-446.16. Assisted living facility caregivers; training requirements; board standards; definition

A. Except as provided in section 36-446.15, an individual shall successfully complete either of the following requirements for certification as an assisted living facility caregiver:

1. Both of the following:

(a) Sixty-two hours of on-the-job training under the direct supervision of any of the following health professionals:

(i) A physician who is licensed pursuant to title 32, chapter 13 or 17.

(ii) A registered nurse practitioner, registered nurse or licensed practical nurse who is licensed pursuant to title 32, chapter 15.

(iii) A pharmacist who is licensed pursuant to title 32, chapter 18.

(iv) A physician assistant who is licensed pursuant to title 32, chapter 25.

(v) A certified assisted living facility manager with at least five years of experience.  Only thirty-one of the sixty-two hours of on-the-job training may be under the direct supervision of a certified assisted living facility manager.

(b) Pass the board-required examination with a score of at least seventy-five percent.

2. The board's required curriculum and examination for assisted living facility caregiver certification.

B. The board shall prescribe standards by rule for the on-the-job training prescribed in subsection A, paragraph 1, subdivision (a) of this section.

C. For the purposes of this section, "direct supervision" means the on-site, in-view observation and guidance of a caregiver who is in training by the supervising health professional.
A.R.S. § 36-473 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 473
36-473 Grounds for denial, suspension or revocation of license
Status: in_force

36-473. Grounds for denial, suspension or revocation of license

A. After a hearing held pursuant to title 41, chapter 6, article 10, the director may deny, suspend or revoke a license or deny the renewal of a license if he determines that a person has done any of the following:

1. Violated any of the provisions of this article or rules adopted pursuant to this article.

2. Violated any provision of title 32, chapter 13.

3. Advertised clinical laboratory procedures to the public in a form or manner not approved by the director.

4. Knowingly accepted a referral for laboratory tests or specimens from and submitted a report to persons not licensed or otherwise authorized by law to submit specimens and receive reports.

5. Referred a specimen for examination to a laboratory not licensed under this article or exempted by section 36-461 or as authorized by this article.

6. Submitted a report on clinical laboratory work actually performed in another clinical laboratory without designating the name of the director and the name and address of the laboratory in which the test was performed.

7. Been convicted of a felony or of any crime involving moral turpitude under the laws of any state or of the United States arising out of or in connection with the operation of a laboratory. The record of conviction or a certified copy is conclusive evidence of a conviction.

8. Failed to pay fees required by the department.

B. If the director has reason to believe that a violation of this section is occurring that threatens the life or safety of patients he may order, on written notice to the licensee, the immediate termination of specific services, tests and use of equipment.
A.R.S. § 36-420.03 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 420.03
36-420.03 Health care employers; workplace violence prevention plan; investigation; reporting; nondiscrimination; definitions
Status: in_force

36-420.03. Health care employers; workplace violence prevention plan; investigation; reporting; nondiscrimination; definitions

A. Not later than July 1, 2023, health care employers shall develop, implement and maintain a written workplace violence prevention plan that does all of the following:

1. Includes components that are specifically tailored to the conditions and hazards of the health care employer's sites and patient-specific risk factors.

2. Identifies the individual who is responsible for implementing and overseeing the plan.

3. Requires the conspicuous posting of signs in public areas throughout the health care employer's sites, including all emergency facilities, that are at least twelve inches by twelve inches in size and that provide notice that assault on a health care worker may be prosecuted as a felony.

4. Includes reporting, incident response and postincident investigation procedures, including procedures:

(a) For health care workers to report workplace violence risks, hazards and incidents.

(b) For health care employers to respond to reports of workplace violence.

(c) For health care employers to perform a postincident investigation and debriefing of all reported incidents of workplace violence with the participation of health care workers.

5. Requires health care employers to provide information to health care workers about a worker's ability to report any assault to law enforcement and, on request, to assist the worker in reporting the assault.

B. Each health care employer shall make its workplace violence prevention plan available at all times to all health care workers and contractors who provide patient care.

C. As soon as practicable after a workplace violence incident is reported to the health care employer, the health care employer shall investigate the incident and shall do all of the following:

1. Review the circumstances of the incident.

2. Solicit input from involved health care workers and supervisors about the cause of the incident and whether further corrective measures could have prevented the incident.

3. Document the findings, recommendations and corrective measures taken, if applicable, for each investigation conducted.

D. Each health care employer shall provide training and education to its health care workers who may be exposed to workplace violence hazards and risks.

E. Each health care employer shall maintain:

1. Records that relate to each of the employer's workplace violence prevention plans, including identifying, evaluating and correcting hazards and risks and training procedures.

2. An incident log for recording all reported workplace violence incidents and records of all incident investigations. The log shall include the date, time and location of the incident, the name of every person who is involved in the incident, a description of the incident and the nature and extent of injuries to health care workers.

F. The health care employer shall annually evaluate the implementation and effectiveness of the workplace violence prevention plan, including a review of the violent incident log and compliance with any training. The annual evaluation shall be documented.

G. The health care employer shall adopt a policy that prohibits any person from discriminating or retaliating against any health care worker for either:

1. Reporting to or seeking assistance or intervention from the employer, law enforcement, local emergency services or a government agency or participating in an incident investigation.

2. Reasonably acting in self defense or defense of others in response to an imminent threat of physical harm.

H. A health care employer may not discriminate or retaliate against a health care worker for either:

1. Reporting to or seeking assistance or intervention from the employer, law enforcement, local emergency services or a government agency or for exercising any other rights under this section.

2. Reasonably acting in self defense or defense of others in response to an imminent threat of physical harm.

I. This section does not affect the legal obligations of a health care employer and health care worker pursuant to the protection of patients' rights.

J. This section does not apply to the Arizona state hospital or any other licensed facility that is under the jurisdiction of the superintendent of the Arizona state hospital.

K. For the purposes of this section:

1. "Health care employer" means a health care institution that is licensed pursuant to this title as a hospital, freestanding emergency services facility or urgent care facility and that has more than fifty employees.

2. "Health care worker" means an employee of a health care employer or a person who has a contract with a health care employer to provide health care or related services.
A.R.S. § 36-182 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 182
36-182 Establishment of local health departments or public health services district; powers; expenditures; plan for local health departments
Status: in_force

36-182. Establishment of local health departments or public health services district; powers; expenditures; plan for local health departments

A. For the purpose of providing local full-time public health service, the board of supervisors of a county shall establish a county department of health or a public health services district.

B. The board of supervisors shall not impose any charges on any city or town for public health services unless a valid intergovernmental agreement was in effect during the period being charged.

C. A department of health established pursuant to this article may:

1. Develop health services with the use of any combination of federal, state or local funds.

2. Expend monies budgeted for use of the department with the advice of the local board of health.

D. The department of health services shall prepare a plan for recommendation to the counties, which shall outline a practical grouping of cities and counties of sufficient population and of such area as may be sustained with reasonable economy and efficient administration in order to provide efficient and effective local health services.
A.R.S. § 36-595.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 595.01
36-595.01 Access to facilities
Status: in_force

36-595.01. Access to facilities

A group home, nursing-supported group home, adult developmental home or child developmental home shall allow the following to inspect the facility at reasonable times:

1. Parents and guardians of facility residents.

2. Members of the developmental disabilities advisory council.

3. Employees or agents of an Arizona nonprofit advocacy organization that is a state chapter of a national advocacy organization, that has affiliated local chapters within this state and that has historical expertise with monitoring residential settings for persons with intellectual and developmental disabilities.
A.R.S. § 36-517 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 517
36-517 Cruelty to mentally disordered person; classification
Status: in_force

36-517. Cruelty to mentally disordered person; classification

A person guilty of any harsh or cruel treatment of, or any neglect of duty toward a mentally disordered person is guilty of a class 2 misdemeanor.
A.R.S. § 36-4204 — Arizona Code / Title 36 / Chapter 42 / Article 1 / Section 4204
36-4204 Fees; licensure; inspections; violation; classification; civil penalties
Status: in_force

36-4204. Fees; licensure; inspections; violation; classification; civil penalties

A. The director by rule shall establish fees for initial and annual licensure and a fee for the late payment of licensing fees that includes a grace period.  The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this section in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section in the state general fund.

B. A transitional housing facility license does not expire and remains valid unless either:

1. The department subsequently revokes or suspends the license pursuant to this article and the rules adopted pursuant to this article.

2. The license is considered void because the licensee did not pay the licensing fee, civil penalties or provider agreement fees before the relevant due date or did not enter into an agreement with the department before the relevant due date to pay all outstanding fees or civil penalties.

C. The department shall conduct annual inspections to verify compliance with the requirements of this article and the rules adopted pursuant to this article. On a determination by the director that there is reasonable cause to believe a transitional housing facility is not adhering to the licensing requirements of this article, the director or any duly designated employee or agent of the director may enter on and into the premises of any transitional housing facility that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules. An application for licensure under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license.  If an inspection reveals that the transitional housing facility is not adhering to the licensing requirements established pursuant to this article, the director may take action authorized by this article.

D. Any transitional housing facility whose license has been suspended or revoked in accordance with this article is subject to inspection on application for relicensure or reinstatement of the transitional housing facility's license. If a transitional housing facility license is revoked in this state or any other state, the licensee of the transitional housing facility whose license was revoked may not reapply for any license issued pursuant to this title for a period of at least five years.

E. A transitional housing facility that knowingly operates in this state without a license in violation of this article is guilty of a class 6 felony and the director shall assess a civil penalty of not more than $1,000 for each violation. Each day the transitional housing facility operates without a license is a separate violation.

F. The director may impose a civil penalty on a person that violates this article or the rules adopted pursuant to this article in an amount of not more than $1,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director shall issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director may not take further action to enforce and collect the assessment until the hearing process is complete.  The director shall impose a civil penalty only for those days for which the violation has been documented by the department.

G. The department may impose sanctions and commence disciplinary actions against a licensed transitional housing facility, including revoking the license. A license may not be suspended or revoked under this article without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10.

H. The department may contract with a third party to assist the department with licensure and inspections.
A.R.S. § 36-4205 — Arizona Code / Title 36 / Chapter 42 / Article 1 / Section 4205
36-4205 Posting; transitional housing facility information
Status: in_force

36-4205. Posting; transitional housing facility information

The department shall post on its public website the name and telephone number, the department-issued license number, the local jurisdiction business license number and the licensure status of each licensed transitional housing facility in this state and shall update the list quarterly.
A.R.S. § 36-596.57 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.57
36-596.57 Admission; legislative appropriation; exception
Status: in_force

36-596.57. Admission; legislative appropriation; exception

Admission into any developmental disabilities family support program or service which is operated or supported by the department shall be subject to the availability of space in the program or service and shall be subject to legislative appropriation and other available funding unless admission or coverage is required pursuant to chapter 29, article 2 of this title.
A.R.S. § 36-2262 — Arizona Code / Title 36 / Chapter 21.1 / Article 3 / Section 2262
36-2262 Automated external defibrillators; use; requirements
Status: in_force

36-2262. Automated external defibrillators; use; requirements

Except as provided in section 36-2264, a person or entity that acquires an automated external defibrillator shall:

1. Enter into an agreement with a physician who shall oversee the aspects of public access to defibrillation.

2. Require each trained user who uses an automated external defibrillator on a person in cardiac arrest to

call telephone number 911 as soon as possible.

3. Submit a written report to the bureau of emergency medical services and trauma systems in the department of health services within five working days after its use.

4. Ensure that the automated external defibrillator is maintained in good working order and tested according to the manufacturer's guidelines.
A.R.S. § 36-253 — Arizona Code / Title 36 / Chapter 2 / Article 2 / Section 253
36-253 Chief of state laboratory; powers and duties
Status: in_force

36-253. Chief of state laboratory; powers and duties

A. The laboratory chief shall perform the duties prescribed by law and by the director of the department of health services.

B. The laboratory chief may make provisions or issue directions for taking and forwarding samples of potable waters, and perishable foods or drinks.
A.R.S. § 36-2522 — Arizona Code / Title 36 / Chapter 27 / Article 3 / Section 2522
36-2522 Registration requirements
Status: in_force

36-2522. Registration requirements

A. Every person who manufactures, distributes, dispenses, prescribes or uses for scientific purposes any controlled substance within this state or who proposes to engage in the manufacture, distribution, prescribing or dispensing of or using for scientific purposes any controlled substance within this state must first:

1. Obtain and possess a current license or permit as a medical practitioner as defined in section 32-1901 or as a pharmacy, pharmacist, manufacturer or wholesaler pursuant to title 32, chapter 18.

2. Be a registrant under the federal controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code section 801 et seq.).

B. A person who is registered under this chapter to manufacture, distribute, dispense, prescribe or use for scientific purposes controlled substances may possess, manufacture, distribute, dispense, prescribe or use for scientific purposes those substances to the extent authorized by that person's license or permit in conformity with this chapter and title 32, chapter 18.

C. The following persons need not register and may lawfully possess controlled substances under this chapter:

1. An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if he is acting in the usual course of his business or employment.

2. A common or contract carrier or warehouseman or that person's employee whose possession of any controlled substance is in the usual course of business or employment.

3. An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a medical practitioner or in lawful possession of a schedule V substance.

4. An officer or employee of the department of public safety, a professional regulatory board established by title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 21, 25 or 29 or the Arizona state board of pharmacy or a peace officer as defined in section 1-215 in the lawful performance of that person's duties.

D. The board may waive by rule the requirement for registration of certain manufacturers, distributors or dispensers if the board finds waiver consistent with the public health and safety or the requirements of the United States drug enforcement administration.

E. The board or its designee may inspect the establishment of a registrant or applicant for registration in accordance with the board's regulation if the board or its designee has information that the board or its designee believes would require an on-site inspection.
A.R.S. § 36-798.52 — Arizona Code / Title 36 / Chapter 6 / Article 15 / Section 798.52
36-798.52 Immunity
Status: in_force

36-798.52. Immunity

A. Notwithstanding title 13, chapter 34, an employee, volunteer or participant of a program established pursuant to section 36-798.51 may not be charged with or prosecuted for possession of any of the following:

1. A needle, hypodermic syringe or other injection supply item obtained from or returned to a program established pursuant to section 36-798.51.

2. A residual amount of a controlled substance contained in a used needle, used hypodermic syringe or used injection supply item obtained from or returned to a program established pursuant to section 36-798.51.

B. Subsection A of this section applies only if the person claiming immunity provides verification that a needle, hypodermic syringe or other injection supply item was obtained from an overdose and disease prevention program established pursuant to section 36-798.51.
A.R.S. § 36-3713 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3713
36-3713 Revocation of conditional release to a less restrictive alternative; hearing
Status: in_force

36-3713. Revocation of conditional release to a less restrictive alternative; hearing

A. If the petitioner or the court believes that the person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of release or is in need of additional care and treatment, the designated service provider or the attorney for the state may petition the court for, or the court on its own motion may schedule, a hearing for the purpose of revoking or modifying the terms and conditions of the person's conditional release. The hearing shall be held within ten days after the petition is filed.

B. If the attorney for the state or the court reasonably believes that a person who is conditionally released to a less restrictive alternative is not complying with the terms and conditions of the person's conditional release, is in need of additional care or treatment or if the circumstances of the release have changed so that the community is no longer safe, the court, the department of health services or the probation officer may order that the conditionally released person be detained and taken into custody until a hearing can be scheduled to determine if the person's conditional release should be revoked or modified. The court shall be notified before the close of the next judicial day of the person's detention. The attorney for the state and the conditionally released person may request an immediate mental examination of the person. If the conditionally released person is indigent, the court, on request, shall assist the person in obtaining a competent professional to conduct the examination.

C. Within five days after receiving notice of the person's detention, the court shall schedule a hearing. At the hearing, the court shall determine if the state has proved by a preponderance of the evidence that the person who is conditionally released to a less restrictive alternative did not comply with the terms and conditions of release, is in need of additional care or treatment or if the circumstances of the release have changed so that the community is no longer safe and if the person should continue on conditional release under the same or modified conditions or if the conditional release should be revoked and the person should be committed to total confinement, subject to release only under the provisions of this chapter. The court may admit hearsay evidence if the court finds that the hearsay evidence is otherwise reliable.
A.R.S. § 36-429 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 429
36-429 Removal of licensee; temporary management continued operation
Status: in_force

36-429. Removal of licensee; temporary management continued operation

A. If the director reasonably believes that a violation of this chapter by a licensee endangers the health, safety or welfare of one or more of the licensee's patients, in addition to other remedies provided by this chapter, the director may enter into an agreement with the licensee or bring an action requesting the superior court to:

1. Remove the administrative officers, agents or employees of such licensee by injunction, enjoin the licensee from continued operation and revoke the license.

2. Appoint temporary personnel to continue operation of the health care institution under conditions and requirements set by the court pending correction of the violation and restoration of the licensee, revocation of the license or correction of the violation and change of ownership.

B. The action shall be brought in the name of the people of the state through the attorney general in the superior court in the county in which the health care institution is located.
A.R.S. § 36-593 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 593
36-593 Adult developmental homes; child developmental homes; provisional licenses
Status: in_force

36-593. Adult developmental homes; child developmental homes; provisional licenses

A. The department may issue a provisional license to a licensee who is seeking renewal of a regular license and who is temporarily unable to conform to standards of care established by the department if the deficiencies can be remedied within three months.

B. A provisional license is valid for three months and shall not be renewed.

C. The department shall not issue a provisional license if conditions exist that could endanger the health, safety or welfare of clients residing in the setting.

D. If the department determines that the licensee meets the standards established by the department, the department shall issue a regular license. The regular license is valid for one year from the date the department issued the provisional license.
A.R.S. § 36-418 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 418
36-418 Behavioral health residential facilities; reporting requirement
Status: in_force

36-418. Behavioral health residential facilities; reporting requirement

A licensed behavioral health residential facility that provides services to children, that contracts with the federal government and that receives only federal monies shall report to the department of health services within twenty-four hours after an actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health, safety or well-being of a resident at the facility or while the resident is in the custody of the facility and that requires notification to local law enforcement, the department of child safety or the United States department of health and human services. The licensee shall inform the department of health services regarding any corrective action plan required by the United States department of health and human services.
A.R.S. § 36-2983 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2983
36-2983 Eligibility for the program
Status: in_force

36-2983. Eligibility for the program

A. The administration shall establish a streamlined eligibility process for applicants to the program and shall issue a certificate of eligibility at the time eligibility for the program is determined.  Eligibility shall be based on gross household income for a member as defined in section 36-2981.  The administration shall not apply a resource test in the eligibility determination or redetermination process.

B. The administration shall use a simplified eligibility form that may be mailed to the administration.  Once a completed application is received, including adequate verification of income, the administration shall expedite the eligibility determination and enrollment on a prospective basis.

C. The date of eligibility is the first day of the month following a determination of eligibility if the decision is made by the twenty-fifth day of the month. A person who is determined eligible for the program after the twenty-fifth day of the month is eligible for the program the first day of the second month following the determination of eligibility.

D. An applicant for the program who appears to be eligible pursuant to section 36-2901, paragraph 6, subdivision (a) shall have a social security number or shall apply for a social security number within thirty days after the applicant submits an application for the program.

E. In order to be eligible for the program, a person shall be a resident of this state and shall meet title XIX requirements for United States citizenship or qualified alien status in the manner prescribed in section 36-2903.03.

F. In determining the eligibility for all qualified aliens pursuant to this article, the income and resources of a person who executed an affidavit of support pursuant to section 213A of the immigration and nationality act on behalf of the qualified alien and the income and resources of the spouse, if any, of the sponsoring individual shall be counted at the time of application and for the redetermination of eligibility for the duration of the attribution period as specified in federal law.

G. Pursuant to federal law, a person is not eligible for the program if that person is:

1. Eligible for title XIX or other federally operated or financed health care insurance programs, except the Indian health service.

2. Covered by any group health plan or other health insurance coverage as defined in section 2791 of the public health service act. Group health plan or other health insurance coverage does not include coverage to persons who are defined as eligible pursuant to the premium sharing program.

3. A member of a family that is eligible for health benefits coverage under a state health benefit plan based on a family member's employment with a public agency in this state.

4. An inmate of a public institution or a patient in an institution for mental diseases. This paragraph does not apply to services furnished in a state operated mental hospital or to residential or other twenty-four hour therapeutically planned structured services.

H. A child who is covered under an employer's group health insurance plan or through family or individual health care coverage shall not be enrolled in the program.  If the health insurance coverage is voluntarily discontinued for any reason, except for the loss of health insurance due to loss of employment or other involuntary reason, the child is not eligible for the program for a period of three months from the date that the health care coverage was discontinued. The administration may waive the three month period for any child who is seriously or chronically ill.  For the purposes of the waiver, "chronically ill" means a medical condition that requires frequent and ongoing treatment and that if not properly treated will seriously affect the child's overall health. The administration shall establish rules to further define conditions that constitute a serious or chronic illness.

I. Pursuant to federal law, a private insurer, as defined by the secretary of the United States department of health and human services, shall not limit enrollment by contract or any other means based on the presumption that a child may be eligible for the program.
A.R.S. § 36-2988 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2988
36-2988 Delivery of services; health plans; requirements
Status: in_force

36-2988. Delivery of services; health plans; requirements

A. To the extent possible, the administration shall use contractors that have a contract with the administration pursuant to article 1 of this chapter or qualifying plans to provide services to members who qualify for the program.

B. The administration has full authority to amend existing contracts awarded pursuant to article 1 of this chapter.

C. As determined by the director, reinsurance may be provided against expenses in excess of a specified amount on behalf of any member for covered emergency services, inpatient services or outpatient services in the same manner as reinsurance provided under article 1 of this chapter. Subject to the approval of the director, reinsurance may be obtained against expenses in excess of a specified amount on behalf of any member.

D. Notwithstanding any other law, the administration may procure, provide or coordinate covered services by interagency agreement with authorized agencies of this state for distinct groups of members, including persons eligible for children's rehabilitative services through the department of economic security and members eligible for comprehensive medical and dental benefits through the department of child safety.

E. After contracts are awarded pursuant to this section, the director may negotiate with any successful bidder for the expansion or contraction of services or service areas.

F. Payments to contractors shall be made monthly and may be subject to contract provisions requiring the retention of a specified percentage of the payment by the director, a reserve fund or any other contract provisions by which adjustments to the payments are made based on utilization efficiency, including incentives for maintaining quality care and minimizing unnecessary inpatient services. Reserve monies withheld from contractors shall be distributed to providers who meet performance standards established by the director.  Any reserve fund established pursuant to this subsection shall be established as a separate account within the Arizona health care cost containment system.

G. The director may negotiate at any time with a hospital on behalf of a contractor for inpatient hospital services and outpatient hospital services provided pursuant to the requirements specified in section 36-2904.

H. A contractor may require that subcontracting providers or noncontracting providers be paid for covered services, other than hospital services, according to the capped fee-for-service schedule adopted by the administration or at lower rates as may be negotiated by the contractor.

I. A school district may perform outreach and information activities that relate to this article, with permission of the school principal and school district. The administration and contractors may collaborate with entities such as community based organizations, faith based organizations, schools and school districts for outreach and information activities related to this article. Outreach and information activities shall not include delivery of services, screening activities, eligibility determination or enrollment related to this article. Outreach and information activities include promotion of health care coverage, participation in school events and distribution of applications and materials to pupils and their families. Outreach and information activities performed by the administration, contractors or a school district shall not reduce or interfere with classroom instruction time.

J. The administration is exempt from the procurement code pursuant to section 41-2501.
A.R.S. § 36-568 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 568
36-568 Group homes; nursing-supported group homes; intermediate care facilities; electronic monitoring; rules; policies; definition
Status: in_force

36-568. Group homes; nursing-supported group homes; intermediate care facilities; electronic monitoring; rules; policies; definition

A. A service provider that operates a group home, a nursing-supported group home or an intermediate care facility for persons with intellectual disabilities may install, oversee and monitor electronic monitoring devices in common areas, including hallways, of the group home, nursing-supported group home or intermediate care facility, unless any client or the client's responsible person objects to the installation of the electronic monitoring devices. The service provider may contract with a third party to install, oversee and monitor the electronic monitoring device. The service provider may require cost sharing for the electronic monitoring devices only with the consent of responsible persons.

B. If each client or the client's responsible person agrees to the installation of electronic monitoring devices, a service provider may not prevent the responsible persons from installing and paying for the cost of electronic monitoring devices.  The responsible persons who install and pay for the electronic monitoring devices are responsible for the maintenance and repairs of those electronic monitoring devices.  The service provider may not access the electronic record of electronic monitoring devices installed pursuant to this subsection unless the responsible persons provide access. The rules adopted pursuant to this section regarding the use of electronic monitoring do not apply if the clients' responsible persons install the electronic monitoring devices pursuant to this subsection.

C. The director shall adopt rules regarding the use of electronic monitoring in group homes, nursing-supported group homes and intermediate care facilities that include, at a minimum:

1. Consent requirements consistent with section 13-3019.

2. Public disclosure that an electronic monitoring device is in use on the property.

3. The maintenance, storage and retention schedule of the electronic record.

4. Who may access the electronic record and under what circumstances.

5. How confidentiality and privacy are maintained.

6. How often the electronic monitoring device is monitored or reviewed by the service provider or the service provider's designee.

7. Ensuring that all staff who have access to the electronic record are properly trained in the facility policies and the protection of client rights.

8. Ensuring that adherence to the facility policies is monitored and the risks or breaches of the facility policies are promptly addressed.

9. Ensuring access to the electronic record, including live recordings and video feed, by the service provider, the client or the client's responsible person, except as prohibited by subsection D, paragraph 1 of this section.

D. The rules adopted pursuant to subsection C of this section may not:

1. Prohibit accessing the electronic record from the service provider, the client or the client's responsible person unless the electronic record contains evidence of a suspected criminal offense.

2. Prohibit cost sharing for the electronic monitoring devices between the service provider and the clients' responsible persons.

E. If a service provider has installed and uses an electronic monitoring device before August 27, 2019, the service provider shall establish policies consistent with rules adopted pursuant to subsection C of this section and submit the policies to the department within ninety days after the rules are adopted.

F. For the purposes of this section, "electronic monitoring device":

1. Means a video surveillance camera or audio device that is installed in a common area, including a hallway, of a group home, nursing-supported group home or intermediate care facility.

2. Does not include an electronic, mechanical or other device that is specifically used for the nonconsensual interception of wire or electronic communications.
A.R.S. § 36-219 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 219
36-219 Contracting requirements; art therapy services; definition
Status: in_force

36-219. Contracting requirements; art therapy services; definition

A. The department may contract for art therapy services, directly or through a contractor, only with an art therapist who holds an active national board certification in art therapy from the art therapy credentials board or who is a master's level graduate in art therapy under the active supervision of a board-certified art therapist to qualify for national registration or board certification with the art therapy credentials board.

B. Subsection A of this section does not require the department to contract or reimburse for art therapy services.

C. For the purposes of this section, "art therapy" means the interactive use of psychotherapeutic principles and methods from an individual with master's level training in art media, the neurobiological implications of art-making and art-based assessment models to facilitate alternative modes of receptive and expressive communication and to define and implement therapeutic interventions to meet cognitive, developmental, behavioral and emotional needs.
A.R.S. § 36-213 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 213
36-213 Store and canteen; deposit
Status: in_force

36-213. Store and canteen; deposit

A. The superintendent, with the approval of the director, may set aside and designate any space on the grounds of the hospital that is not needed for other authorized purposes for the establishment and maintenance of store and canteen facilities for the sale of candies, cigarettes, food, nonalcoholic beverages, sundries and other articles to patients and employees and for the benefit of patients of the state hospital.

B. The superintendent, with the approval of the director, may contract with an outside firm, individual or agency to lease and operate the store and canteen facilities. The outside firm, individual or agency shall provide a bond in an amount set by the superintendent with the approval of the director. The facilities shall be conducted subject to the rules and regulations of the department, and rental and service charges shall be established by the superintendent, with the approval of the director, as will reimburse the hospital for the cost thereof.

C. Any profits derived from the operation of such facilities, after reimbursement to the hospital, shall be deposited in the department of health services donations fund created by authority of section 36-132, subsection B. The monies may be expended as the director directs for the benefit of the patients of the state hospital. The provisions of title 35, chapter 1 do not apply to the monies in the fund.
A.R.S. § 36-1926 — Arizona Code / Title 36 / Chapter 17 / Article 2 / Section 1926
36-1926 Temporary license; sponsorship; termination of sponsorship
Status: in_force

36-1926. Temporary license; sponsorship; termination of sponsorship

A. An applicant who fulfills the requirements of section 36-1923, subsection A may apply to the director for a temporary license.

B. On receiving an application as provided by subsection A of this section, accompanied by an application fee and proof of sponsorship, the director shall issue a temporary license.  A temporary license allows the licensee to practice the fitting and dispensing of hearing aids for a twelve-month period.

C. An applicant shall provide proof to the satisfaction of the director that the applicant is or will be supervised and trained for fitting and dispensing activities by a sponsor licensed pursuant to this chapter.

D. A sponsor may terminate sponsorship at any time and for any reason. The director shall not review the reasons for the termination.  A temporary license terminates on the date that the director receives notice from the sponsor that the sponsor is terminating sponsorship. This notice shall be accompanied by documentation that the sponsor has notified the licensee of the termination.  The director shall prescribe by rule how the sponsor shall document this notification of termination.  A person whose license is terminated shall apply for a new temporary license as prescribed by this section and shall not practice until granted a license.

E. A temporary licensee shall take an examination within six months after issuance of a temporary license.  If the person takes and fails the examination, the person may renew the temporary license once before the temporary license expires.  The person shall take the next examination following the issuance of the renewal license.

F. The director may revoke or suspend a temporary license in the same manner and for the same reasons as prescribed pursuant to section 36-1934.

G. The director may deny an application for a temporary license if the applicant has previously held a temporary license and renewed the temporary license.
A.R.S. § 36-329.01 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 329.01
36-329.01 Delayed fetal death certificate registration
Status: in_force

36-329.01. Delayed fetal death certificate registration

A. If a fetal death occurs in this state and is not registered within one year after the date of the fetal death, the local registrar, deputy local registrar or state registrar shall register the fetal death certificate as a delayed fetal death certificate.

B. The requirements for registering a delayed fetal death certificate are the same as the requirements for registering a delayed death certificate prescribed in section 36-325.01.
A.R.S. § 36-3805 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3805
36-3805 Disclosure of individually identifiable health information; transfer; consent
Status: in_force

36-3805. Disclosure of individually identifiable health information; transfer; consent

A. Except as otherwise provided in state or federal law, disclosure of an individual's individually identifiable health information through a health information organization is allowed only if:

1. The individual has not opted out of having the individual's individually identifiable health information accessible through the health information organization.

2. The purpose of the disclosure is explained in the health information organization's current notice of health information practices.

3. The disclosure complies with the health insurance portability and accountability act privacy standard (45 Code of Federal Regulations part 164, subpart E).

B. A health information organization may not sell or otherwise make commercial use of an individual's individually identifiable health information without the written consent of the individual.

C. A health information organization may not transfer individually identifiable health information or de-identified health information that is accessible through the health information exchange to any person or entity for the purpose of research or using the information as part of a set of data for an application for grant or other research funding, unless the health care provider obtains consent from the individual for the transfer. A health care provider must document that it has provided a notice of transfer to the individual and that the individual has received and read and understands the notice.  Documentation must be in the form of a signature by the individual indicating the individual has received and read and understands the notice and that the individual gives consent to the transfer of information. For the purposes of this subsection, "consent" means that a health care provider participating in a health information organization has provided a notice to the individual that is in at least twelve-point type and that describes the purposes of the transfer.

D. This chapter does not:

1. Interfere with any other federal or state laws or regulations that provide more extensive protection of individually identifiable health information than provided in this chapter.

2. Limit, change or otherwise affect a health information organization's right or duty to exchange information, including individually identifiable health information and de-identified health information, in accordance with applicable law and by means other than through the health information organization.
A.R.S. § 36-509 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 509
36-509 Confidential records; immunity; definition
Status: in_force

36-509. Confidential records; immunity; definition

A. A health care entity must keep records and information contained in records confidential and not as public records, except as provided in this section. Records and information contained in records may be disclosed only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or as follows to:

1. Physicians and providers of health, mental health or social and welfare services involved in caring for, treating or rehabilitating the patient.

2. Individuals to whom the patient or the patient's health care decision maker has given authorization to have information disclosed.

3. Persons authorized by a court order.

4. Persons doing research only if the activity is conducted pursuant to applicable federal or state laws and regulations governing research.

5. The state department of corrections in cases in which prisoners confined to the state prison are patients in the state hospital on authorized transfers either by voluntary admission or by order of the court.

6. Governmental or law enforcement agencies if necessary to:

(a) Secure the return of a patient who is on unauthorized absence from any agency where the patient was undergoing evaluation and treatment.

(b) Report a crime on the premises.

(c) Avert a serious and imminent threat to an individual or the public.

7. Persons, including family members, other relatives, close personal friends or any other person identified by the patient, as otherwise authorized or required by state or federal law, including the health insurance portability and accountability act of 1996 privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or pursuant to one of the following:

(a) If the patient is present or otherwise available and has the capacity to make health care decisions, the health care entity may disclose the information if one of the following applies:

(i) The patient agrees verbally or agrees in writing by signing a consent form that permits disclosure.

(ii) The patient is given an opportunity to object and does not express an objection.

(iii) The health care entity reasonably infers from the circumstances, based on the exercise of professional judgment, that the patient does not object to the disclosure.

(b) If the patient is not present or the opportunity to agree or object to the disclosure of information cannot practicably be provided because of the patient's incapacity or an emergency circumstance, the health care entity may disclose the information if the entity determines that the disclosure of the information is in the best interests of the patient.  In determining whether the disclosure of information is in the best interests of the patient, in addition to all other relevant factors, the health care entity shall consider all of the following:

(i) The patient's medical and treatment history, including the patient's history of compliance or noncompliance with an established treatment plan based on information in the patient's medical record and on reliable and relevant information received from the patient's family members, friends or others involved in the patient's care, treatment or supervision.

(ii) Whether the information is necessary or, based on professional judgment, would be useful in assisting the patient in complying with the care, treatment or supervision prescribed in the patient's treatment plan.

(iii) Whether the health care entity has reasonable grounds to believe that the release of the information may subject the patient to domestic violence, abuse or endangerment by family members, friends or other persons involved in the patient's care, treatment or supervision.

(c) The health care entity believes the patient presents a serious and imminent threat to the health or safety of the patient or others, and the health care entity believes that family members, friends or others involved in the patient's care, treatment or supervision can help to prevent the threat.

(d) In order for the health care entity to notify a family member, friend or other person involved in the patient's care, treatment or supervision of the patient's location, general condition or death.

8. A state agency that licenses health professionals pursuant to title 32, chapter 13, 15, 17, 19.1 or 33 and that requires these records in the course of investigating complaints of professional negligence, incompetence or lack of clinical judgment.

9. A state or federal agency that licenses health care providers.

10. A governmental agency or a competent professional, as defined in section 36-3701, in order to comply with chapter 37 of this title.

11. Independent oversight committees established pursuant to title 41, chapter 35.  Any information released pursuant to this paragraph shall comply with the requirements of section 41-3804 and applicable federal law and shall be released without personally identifiable information unless the personally identifiable information is required for the official purposes of the independent oversight committee. Case information received by an independent oversight committee shall be maintained as confidential. For the purposes of this paragraph, "personally identifiable information" includes a person's name, address, date of birth, social security number, tribal enrollment number, telephone or telefacsimile number, driver license number, places of employment, school identification number and military identification number or any other distinguishing characteristic that tends to identify a particular person.

12. A patient or the patient's health care decision maker.

13. The department of public safety or another law enforcement agency by the court to comply with the requirements of section 36-540, subsections O and P.

14. A third-party payor or the payor's contractor as permitted by the health insurance portability and accountability act privacy standards, 45 Code of Federal Regulations part 160 and part 164, subpart E.

15. A private entity that accredits the health care provider and with whom the health care provider has an agreement requiring the agency to protect the confidentiality of patient information.

16. The legal representative of a health care entity in possession of the record for the purpose of securing legal advice.

17. A person or entity as otherwise required by state or federal law.

18. A person or entity as permitted by the federal regulations on alcohol and drug abuse treatment (42 Code of Federal Regulations part 2).

19. A person or entity to conduct utilization review, peer review and quality assurance pursuant to section 36-441, 36-445, 36-2402 or 36-2917.

20. A person maintaining health statistics for public health purposes as authorized by law.

21. A grand jury as directed by subpoena.

22. A person or entity that provides services to the patient's health care provider, as defined in section 12-2291, and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of patient information as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E).

23. A county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593.

B. Information disclosed pursuant to subsection A, paragraph 7 of this section may include only information that is directly relevant to the person's involvement with the patient's health care or payment related to the patient's health care.  Subsection A, paragraph 7 of this section does not prevent a health care entity from obtaining or receiving information about the patient from a family member, friend or other person involved in the patient's care, treatment or supervision.  A health care entity shall keep a record of the name and contact information of any person to whom any patient information is released pursuant to subsection A, paragraph 7 of this section.  A decision to release or withhold information pursuant subsection A, paragraph 7 of this section is subject to review pursuant to section 36-517.01.

C. Information and records obtained in the course of evaluation, examination or treatment and submitted in any court proceeding pursuant to this chapter or title 14, chapter 5 are confidential and are not public records unless the hearing requirements of this chapter or title 14, chapter 5 require a different procedure.  Information and records that are obtained pursuant to this section and submitted in a court proceeding pursuant to title 14, chapter 5 and that are not clearly identified by the parties as confidential and segregated from nonconfidential information and records are considered public records.

D. Notwithstanding subsections A, B and C of this section, the legal representative of a patient who is the subject of a proceeding conducted pursuant to this chapter and title 14, chapter 5 has access to the patient's information and records in the possession of a health care entity or filed with the court.

E. A health care entity that acts in good faith under this article is not liable for damages in any civil action for the disclosure of records or payment records that is made pursuant to this article or as otherwise provided by law. The health care entity is presumed to have acted in good faith. This presumption may be rebutted by clear and convincing evidence.

F. For the purposes of this section, "information" means records and the information contained in records.
A.R.S. § 36-540 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 540
36-540 Court options; immunity; rules
Status: in_force

36-540. Court options; immunity; rules

A. If the court finds by clear and convincing evidence that the proposed patient, as a result of mental disorder, is a danger to self, is a danger to others or has a persistent or acute disability or a grave disability and is in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court shall order the patient to undergo one of the following:

1. Treatment in a program of outpatient treatment.

2. Treatment in a program consisting of combined inpatient and outpatient treatment.

3. Inpatient treatment in a mental health treatment agency, in a hospital operated by or under contract with the United States department of veterans affairs to provide treatment to eligible veterans pursuant to article 9 of this chapter, in the state hospital or in a private hospital, if the private hospital agrees, subject to the limitations of section 36-541.

B. The court shall consider all available and appropriate alternatives for the treatment and care of the patient.  The court shall order the least restrictive treatment alternative available.

C. The court may order the proposed patient to undergo outpatient or combined inpatient and outpatient treatment pursuant to subsection A, paragraph 1 or 2 of this section if the court:

1. Determines that all of the following apply:

(a) The patient does not require continuous inpatient hospitalization.

(b) The patient will be more appropriately treated in an outpatient treatment program or in a combined inpatient and outpatient treatment program.

(c) The patient will follow a prescribed outpatient treatment plan.

(d) The patient will not likely become dangerous or suffer more serious physical harm or serious illness or further deterioration if the patient follows a prescribed outpatient treatment plan.

2. Is presented with and approves a written treatment plan that conforms with the requirements of section 36-540.01, subsection B. If the court determines that the patient meets the requirements of section 36-550.09, the court may order the patient to be placed in a secure behavioral health residential facility that is licensed by the department pursuant to section 36-425.06. If the treatment plan presented to the court pursuant to this subsection provides for supervision of the patient under court order by a mental health agency that is other than the mental health agency that petitioned or requested the county attorney to petition the court for treatment pursuant to section 36-531, the treatment plan must be approved by the medical director of the mental health agency that will supervise the treatment pursuant to subsection E of this section.

D. An order to receive treatment pursuant to subsection A, paragraph 1 or 2 of this section shall not exceed three hundred sixty-five days. The period of inpatient treatment under a combined treatment order pursuant to subsection A, paragraph 2 of this section shall not exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section.

E. If the court enters an order for treatment pursuant to subsection A, paragraph 1 or 2 of this section, all of the following apply:

1. The court shall designate the medical director of the mental health treatment agency that will supervise and administer the patient's treatment program.

2. The medical director shall not use the services of any person, agency or organization to supervise a patient's outpatient treatment program unless the person, agency or organization has agreed to provide these services in the individual patient's case and unless the department has determined that the person, agency or organization is capable and competent to do so.

3. The person, agency or organization assigned to supervise an outpatient treatment program or the outpatient portion of a combined treatment program shall be notified at least three days before a referral.  The medical director making the referral and the person, agency or organization assigned to supervise the treatment program shall share relevant information about the patient to provide continuity of treatment.

4. The court may order the medical director to provide notice to the court of any noncompliance with the terms of a treatment order.

5. During any period of outpatient treatment under subsection A, paragraph 2 of this section, if the court, on its own motion, on request of a guardian pursuant to paragraph 7 of this subsection or on motion by the medical director of the patient's outpatient mental health treatment facility, determines that the patient is not complying with the terms of the order or that the outpatient treatment plan is no longer appropriate and the patient needs inpatient treatment, the court, without a hearing and based on the court record, the patient's medical record, the affidavits and recommendations of the medical director, and the advice of staff and physicians or the psychiatric and mental health nurse practitioner familiar with the treatment of the patient, may enter an order amending its original order. The amended order may alter the outpatient treatment plan or order the patient to inpatient treatment pursuant to subsection A, paragraph 3 of this section.  The amended order shall not increase the total period of commitment originally ordered by the court or, when added to the period of inpatient treatment provided by the original order and any other amended orders, exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section. If the patient refuses to comply with an amended order for inpatient treatment, the court, on its own motion or on the request of the medical director, may authorize and direct a peace officer to take the patient into protective custody and transport the patient to the agency for inpatient treatment. Any authorization, directive or order issued to a peace officer to take the patient into protective custody shall include the patient's criminal history and the name and telephone numbers of the patient's case manager, guardian, spouse, next of kin or significant other, as applicable.  When reporting to or being returned to a treatment agency for inpatient treatment pursuant to an amended order, the patient shall be informed of the patient's right to judicial review and the patient's right to consult with counsel pursuant to section 36-546.

6. During any period of outpatient treatment under subsection A, paragraph 2 of this section, if the medical director of the outpatient treatment facility in charge of the patient's care determines, in concert with the medical director of an inpatient mental health treatment facility who has agreed to accept the patient, that the patient is in need of immediate acute inpatient psychiatric care because of behavior that is dangerous to self or to others, the medical director of the outpatient treatment facility may order a peace officer to apprehend and transport the patient to the inpatient treatment facility pending a court determination on an amended order under paragraph 5 of this subsection.  The patient may be detained and treated at the inpatient treatment facility for a period of not more than forty-eight hours, exclusive of weekends and holidays, from the time that the patient is taken to the inpatient treatment facility. The medical director of the outpatient treatment facility shall file the motion for an amended court order requesting inpatient treatment not later than the next working day following the patient being taken to the inpatient treatment facility.  Any period of detention within the inpatient treatment facility pending issuance of an amended order shall not increase the total period of commitment originally ordered by the court or, when added to the period of inpatient treatment provided by the original order and any other amended orders, exceed the maximum period allowed for an order for inpatient treatment pursuant to subsection F of this section. If a patient is ordered to undergo inpatient treatment pursuant to an amended order, the medical director of the outpatient treatment facility shall inform the patient of the patient's right to judicial review and to consult with an attorney pursuant to section 36-546.

7. If there is a court order for treatment and a guardianship with additional mental health authority pursuant to section 14-5312.01 existing at the same time, the treatment and placement decisions made by the treatment agency assigned by the court to supervise and administer the patient's treatment program pursuant to the court order for treatment are controlling unless the court orders otherwise. During any period of outpatient treatment, the guardian of a patient may file a report with the court that addresses whether the patient is complying with the terms of the order, whether the outpatient treatment plan is still appropriate and whether the patient needs inpatient treatment.  The report shall state in detail the facts on which the guardian relies and may include other supporting documents. A copy of the report and other supporting documents shall be given to the patient's attorney and the outpatient treatment agency. After reviewing the report and any supporting documents filed with the report, if the court determines that there is reasonable cause to believe that the patient is not complying with the terms of the order, that the outpatient treatment plan is no longer appropriate or that the patient needs inpatient treatment, the court must set a conference or a hearing or take other action described in paragraph 5 of this subsection.

F. The maximum periods of inpatient treatment that the court may order, subject to the limitations of section 36-541, subsection D, are as follows:

1. Ninety days for a person found to be a danger to self.

2. One hundred eighty days for a person found to be a danger to others.

3. One hundred eighty days for a person found to have a persistent or acute disability.

4. Three hundred sixty-five days for a person found to have a grave disability.

G. If, on finding that the patient meets the criteria for court-ordered treatment pursuant to subsection A of this section, the court also finds that there is reasonable cause to believe that the patient is an incapacitated person as defined in section 14-5101 or is a person in need of protection pursuant to section 14-5401 and that the patient is or may be in need of guardianship or conservatorship, or both, the court may order an investigation concerning the need for a guardian or conservator, or both, and may appoint a suitable person or agency to conduct the investigation. The appointee may include a court-appointed guardian ad litem, an investigator appointed pursuant to section 14-5308 or the public fiduciary if there is no person willing and qualified to act in that capacity.  The court shall give notice of the appointment to the appointee within three days after the appointment. The appointee shall submit the report of the investigation to the court within twenty-one days. The report shall include recommendations as to who should be guardian or who should be conservator, or both, and a report of the findings and reasons for the recommendation. If the investigation and report so indicate, the court shall order the appropriate person to submit a petition to become the guardian or conservator, or both, of the patient.

H. In any proceeding for court-ordered treatment in which the petition alleges that the patient is in need of a guardian or conservator and states the grounds for that allegation, the court may appoint an emergency temporary guardian or conservator, or both, for a specific purpose or purposes identified in its order and for a specific period of time not to exceed thirty days if the court finds that all of the following are true:

1. The patient meets the criteria for court-ordered treatment pursuant to subsection A of this section.

2. There is reasonable cause to believe that the patient is an incapacitated person as defined in section 14-5101 or is in need of protection pursuant to section 14-5401, paragraph 2.

3. The patient does not have a guardian or conservator and the welfare of the patient requires immediate action to protect the patient or the ward's property.

4. The conditions prescribed pursuant to section 14-5310, subsection B or section 14-5401.01, subsection B have been met.

I. The court may appoint as a temporary guardian or conservator pursuant to subsection H of this section a suitable person or the public fiduciary if there is no person qualified and willing to act in that capacity. The court shall issue an order for an investigation as prescribed pursuant to subsection G of this section and, unless the patient is represented by independent counsel, the court shall appoint an attorney to represent the patient in further proceedings regarding the appointment of a guardian or conservator. The court shall schedule a further hearing within fourteen days on the appropriate court calendar of a court that has authority over guardianship or conservatorship matters pursuant to this title to consider the continued need for an emergency temporary guardian or conservator and the appropriateness of the temporary guardian or conservator appointed, and shall order the appointed guardian or conservator to give notice to persons entitled to notice pursuant to section 14-5309, subsection A or section 14-5405, subsection A. The court shall authorize certified letters of temporary emergency guardianship or conservatorship to be issued on presentation of a copy of the court's order. If a temporary emergency conservator other than the public fiduciary is appointed pursuant to this subsection, the court shall order that the use of the monies and property of the patient by the conservator be restricted and not be sold, used, transferred or encumbered, except that the court may authorize the conservator to use monies or property of the patient specifically identified as needed to pay an expense to provide for the care, treatment or welfare of the patient pending further hearing.  This subsection and subsection H of this section do not:

1. Prevent the evaluation or treatment agency from seeking guardianship and conservatorship in any other manner allowed by law at any time during the period of court-ordered evaluation and treatment.

2. Relieve the evaluation or treatment agency from its obligations concerning the suspected abuse of a vulnerable adult pursuant to title 46, chapter 4.

J. If, on finding that a patient meets the criteria for court-ordered treatment pursuant to subsection A of this section, the court also learns that the patient has a guardian appointed under title 14, the court with notice may impose on the existing guardian additional duties pursuant to section 14-5312.01. If the court imposes additional duties on an existing guardian as prescribed in this subsection, the court may determine that the patient needs to continue treatment under a court order for treatment and may issue the order or determine that the patient's needs can be adequately met by the guardian with the additional duties pursuant to section 14-5312.01 and decline to issue the court order for treatment. If at any time after the issuance of a court order for treatment the court finds that the patient's needs can be adequately met by the guardian with the additional duties pursuant to section 14-5312.01 and that a court order for treatment is no longer necessary to ensure compliance with necessary treatment, the court may terminate the court order for treatment.

K. The court shall file a report as part of the court record on its findings of alternatives for treatment.

L. Treatment shall not include psychosurgery, lobotomy or any other brain surgery without specific informed consent of the patient or the patient's legal guardian and an order of the superior court in the county in which the treatment is proposed, approving with specificity the use of the treatment.

M. The medical director or any person, agency or organization used by the medical director to supervise the terms of an outpatient treatment plan is not civilly liable for any acts committed by a patient while on outpatient treatment if the medical director, person, agency or organization has in good faith followed the requirements of this section.

N. A peace officer who in good faith apprehends and transports a patient to an inpatient treatment facility on the order of the medical director of the outpatient treatment facility pursuant to subsection E, paragraph 6 of this section is not subject to civil liability.

O. If a person has been found, as a result of a mental disorder, to constitute a danger to self or others or to have a persistent or acute disability or a grave disability and the court enters an order for treatment pursuant to subsection A of this section, the court shall transmit the person's name, sex, date of birth, social security number, if available, and date of the order for treatment to the supreme court.  The supreme court shall transmit the information to the department of public safety to comply with the requirements of title 13, chapter 31 and title 32, chapter 26. The department of public safety shall transmit the information to the national instant criminal background check system.  The superior court may access the information of a person who is ordered into treatment to enforce or facilitate a treatment order.

P. On request, the clerk of the court shall provide certified copies of the commitment order to a law enforcement or prosecuting agency that is investigating or prosecuting a prohibited possessor as defined in section 13-3101.

Q. If the court does not find a person to be in need of treatment and a prosecutor filed a petition pursuant to section 13-4517, the evaluation agency, within twenty-four hours, shall notify the prosecuting agency of its finding. The court shall order the medical director to detain the person for an additional twenty-four hours to allow the prosecuting agency to be notified. If the court has retained jurisdiction pursuant to section 13-4517, subsection C, the court may remand the person to the custody of the sheriff for further disposition pursuant to section 13-4517, subsection A, paragraph 2 or 3.

R. After an order for treatment has been issued pursuant to this section, the superior court in a county where a patient under a court order for treatment is found or resides has concurrent jurisdiction with the court in the county that issued the court order for treatment for the purposes of enforcing the court order for treatment, ordering changes to the treatment plan or amending the order to require the patient to undergo further inpatient treatment. If the court in which proceedings are commenced to enforce or administer the order for treatment is not the court that originally entered the order for treatment, unless prevented by an emergency, the court in which the proceedings are pending shall consult with the court of original entry and determine whether to hold hearings and enter orders to facilitate enforcement or administration of the court order, whether to refer the case back to the court of original entry for further proceedings or whether to transfer the entire case to the court of original entry in that county for all further proceedings.  The supreme court may adopt rules to govern the procedures to be used in enforcing and administering court orders for treatment in the various counties of this state and the transfer of cases between counties involving court orders for treatment.

S. Pursuant to the authority granted in subsection R of this section, for the purpose of enforcing or facilitating treatment of a patient under an active order for treatment, the supreme court shall adopt a rule to establish a program to enable the judges of the superior court, county attorneys, patients' attorneys, health care institutions as defined in section 36-401 that provide services subject to the emergency medical treatment and labor act (P.L. 99-272; 100 Stat. 164; 42 United States Code section 1395dd), the regional behavioral health authority and behavioral health service providers in any county to determine the existence of an active court order for treatment and the history of court orders for treatment entered for a patient by a superior court in any county in this state.  The program shall ensure that the information shared with other persons or entities is necessary only for the purposes stated in this subsection and shall require that the information shared be maintained as confidential by the receiving person or entity.
A.R.S. § 36-495.10 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.10
36-495.10 Operation of unlicensed laboratory; cease and desist order; injunction; letter
Status: in_force

36-495.10. Operation of unlicensed laboratory; cease and desist order; injunction; letter

A. The operation or maintenance of an environmental laboratory that does not hold a current or valid license or that exceeds the range of the services or tests authorized by a license issued pursuant to this chapter is a public nuisance. The director, in addition to other remedies provided in this chapter, may issue a cease and desist order pursuant to section 36-601 or, in the name of the people of this state, through the attorney general, may bring an action for an injunction to restrain the violation or to enjoin the future operation or maintenance of the environmental laboratory until the laboratory complies with the provisions of this chapter.

B. Before issuing a cease and desist order or bringing an action for injunction pursuant to this section, the department may issue a certified letter to a licensed or unlicensed facility in which it states the factual basis for the department's belief that the laboratory is operating in violation of this chapter or rules adopted pursuant to this chapter. The department may include within the letter the enforcement options available to the department if the violations continue.
A.R.S. § 36-216 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 216
36-216 Budget for state hospital
Status: in_force

36-216. Budget for state hospital

A. The department shall present a budget request that includes all information on the potential availability of other monies, including federal monies, that may be used in the following fiscal year to fund the state hospital.

B. The budget request presented pursuant to subsection A of this section shall include a proposed budget for the state hospital, with a specific amount of the total budget estimated to be used for patients who are seriously mentally ill.

C. Monies appropriated to the department for the state hospital programs, fees generated by the department for these programs and grants and gifts to the department shall be maintained in the appropriate fund to pay program and administrative costs. The administrative costs of each program shall be separately identified in the accounting records of the department.
A.R.S. § 36-451 — Arizona Code / Title 36 / Chapter 4.1 / Article 1 / Section 451
36-451 Definitions
Status: in_force

36-451. Definitions

In this chapter, unless the context otherwise requires:

1. "Accredited laboratory" means a laboratory which has received accreditation from an accreditation program approved by the secretary of the United States department of health and human services to meet standards of the federal clinical laboratory improvement amendments of 1988 (P.L. 100-518).

2. "Approved proficiency testing program" means a proficiency testing program which is approved and conducted by an accredited body approved by the secretary of the United States department of health and human services to meet the standards of the federal clinical laboratory improvement amendments of 1988 (P.L. 100-518).

3. "Certified laboratory" means a laboratory certified by the United States department of health and human services.

4. "Clinical laboratory" or "laboratory" means any facility, agency, institution, medical office, health care institution, building, or place which provides through its ownership or operation facilities for the microbiological, serological, chemical, immunohematological, hematological, cytologic, histologic, radiobioassay, cytogenetic, histocompatibility, pathological, toxicological or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention and treatment of a disease or an impairment or the assessment of human health conditions or to determine the presence, absence or concentration of various substances in the body. Clinical laboratory does not include law enforcement crime laboratories.

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

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

7. "Federally licensed laboratory" means a laboratory licensed pursuant to the United States clinical laboratory improvement amendments of 1988 (P.L. 100-518).

8. "Governing authority" means the individual, agency, group or corporation that is appointed, elected or otherwise designated and that has the ultimate responsibility and authority for the conduct of the health care institution.

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

10. "License" means a regular license, renewal license or provisional license issued by the department pursuant to this chapter.

11. "Person" means any individual, firm, partnership, association or corporation, whether or not organized for profit, or any other form of business enterprise.
A.R.S. § 36-2930.05 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930.05
36-2930.05 Provider participation; grounds for exclusion; rules; definition
Status: in_force

36-2930.05. Provider participation; grounds for exclusion; rules; definition

A. The administration shall exclude from participation in the system any individual or entity that meets any basis for mandatory exclusion described in 42 Code of Federal Regulations section 1001.101.

B. The administration, in its sole discretion, may exclude from participation in the system any individual or entity that has done any of the following:

1. Met any basis for permissive exclusion described in 42 Code of Federal Regulations section 1002.210.

2. Committed any act prohibited by section 36-2918 or 36-2957.

3. Been found liable for the neglect of a patient that results in death or injury.

4. Engaged in the unlawful disposal of medical waste in violation of federal, state or local law.

5. Submitted a claim for a procedure performed in association with an abortion in violation of federal or state law.

6. Failed to segregate taxpayer dollars from abortions, including the use of taxpayer dollars for any overhead expenses attributable to abortions.

7. Failed to comply with federal or state law requiring mandatory reporting of sexual abuse, sexual assault, child or sex trafficking or statutory rape.

C. The delineation of grounds for exclusion pursuant to subsections A and B of this section does not exclude any other basis for exclusion pursuant to state law or any rule adopted by the administration.

D. The director shall adopt rules that prescribe procedures for determining the length of exclusion, appealing the exclusion determination and requesting reinstatement following an exclusion.

E. For the purposes of this section, "exclude" means that items and services furnished, ordered or prescribed by a specified individual or entity will not be reimbursed by the administration, a contractor or any agent of the administration or a contractor.  Exclude includes the termination of a provider agreement or the administration's refusal to enter into a provider agreement.
A.R.S. § 36-2960 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2960
36-2960 Persons with developmental disabilities; cost-effectiveness study rate; report
Status: in_force

36-2960. Persons with developmental disabilities; cost-effectiveness study rate; report

The department shall annually determine the cost-effectiveness study rate for persons who are receiving developmental disability services pursuant to chapter 5.1 of this title and provide that rate to the Arizona health care cost containment system administration.  On or before June 15 of each year, the department shall report to the joint legislative budget committee the cost-effectiveness study rate for persons receiving developmental disability services that was determined for the subsequent fiscal year.
A.R.S. § 36-3208 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3208
36-3208 Prior and out of state health care directives; validity
Status: in_force

36-3208. Prior and out of state health care directives; validity

A health care directive prepared before September 30, 1992, or prepared in another state, district or territory of the United States is valid in this state if it was valid in the place where and at the time when it was adopted and only to the extent that it does not conflict with the criminal laws of this state.
A.R.S. § 36-728 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 728
36-728 Judicial action
Status: in_force

36-728. Judicial action

A. If the court finds by clear and convincing evidence that a person is an afflicted person and presents a substantial danger to another person or to the community, the court shall order the afflicted person to do any one or more of the following pursuant to a written treatment plan developed or submitted by the tuberculosis control officer or the local health officer and approved by the court:

1. Participate in a designated education program.

2. Participate in a designated counseling program.

3. Participate in a designated treatment program.

4. Undergo medically accepted tests to verify the status of the afflicted person.

5. Undergo a program of directly observed therapy.

6. Participate in a program to notify or appear before designated health officials for verification of status, testing or other purposes consistent with monitoring.

7. Comply with an order that the afflicted person refrain from conduct that is a health threat to others or to the community.

8. Comply with an order that the afflicted person undergo isolation or quarantine at an approved facility, location or setting for the period and under the conditions set by the court and as approved by the department, the tuberculosis control officer or the local health officer.

9. Comply with an order that the afflicted person be committed to an appropriate facility for the period and under the conditions set by the court and as approved by the department, the tuberculosis control officer or the local health officer.

10. Comply with any other order the court determines is necessary and appropriate.

B. The court may approve the afflicted person's participation in a voluntary treatment program and may approve and order participation in a voluntary program under the terms prescribed by the court pursuant to this section. A person who accepts a voluntary treatment plan remains under the jurisdiction of the court for the purposes of court ordered examination, treatment, monitoring, isolation or quarantine. The terms prescribed by the court may incorporate the terms of a voluntary treatment plan that shall include provisions for the medically successful complete course of antituberculosis treatment.

C. The court shall order the least restrictive measures that are necessary for the examination, treatment, monitoring, isolation or quarantine of the afflicted person and that will effectively protect the public health and provide appropriate care for the afflicted person. In ordering the least restrictive measures necessary, the court shall also consider input from an afflicted person's parent or guardian, if the afflicted person is a minor or incapacitated person.

D. If the court enters an order pursuant to this section it shall designate a facility or program to supervise the afflicted person and administer the court's order.

E. The director of a facility or program assigned by the court shall only use the services of any person, institution or program that has agreed to provide these services in the afflicted person's case and only if the local health agency or department determines that the person, institution or program is competent to do so.

F. The person, facility or program assigned to supervise the afflicted person pursuant to the court's order issued pursuant to this section shall be notified at least three days before a referral. The petitioner, the tuberculosis control officer or the local health officer recommending the referral and the person, institution or program shall share relevant information about the afflicted person to promote the health and safety of the public and to provide effective intervention and continuity of treatment.

G. On a motion by the director of the afflicted person's assigned institution or program or on a motion by the petitioner, the tuberculosis control officer or the local health officer, the court after a hearing may amend or alter its original order if it determines that any of the following is true:

1. The afflicted person is not complying with the terms of its original order.

2. The designated treatment plan is no longer appropriate.

3. Further observation, examination, treatment, isolation or quarantine is required.

H. If an afflicted person refuses to comply with any order or amended order issued pursuant to this section, the court may issue additional orders necessary to address and correct the afflicted person's noncompliance and may direct a sheriff or law enforcement officer, on the request of the tuberculosis control officer or local health officer, to take the afflicted person into custody and to oversee and ensure the transport of the person to a designated institution or program.  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.

I. On issuance of an order or an amended order issued pursuant to this section, the afflicted person shall be informed of the right to appeal and the right to consult with an attorney.

J. If any afflicted person who is under court ordered examination, monitoring, treatment, isolation or quarantine issued pursuant to this article is absent without proper authorization from a designated facility or program or if a court order is amended, rescinded or modified, a sheriff or law enforcement officer may be directed by the tuberculosis control officer or the local health officer to take the afflicted person into custody and to oversee and ensure the transport of the afflicted person to a designated and approved institution or program.

K. The period of court ordered examination, monitoring, treatment, isolation or quarantine does not run during any unauthorized absence from the jurisdiction or from any required monitoring or supervision. The period resumes only on the afflicted person's voluntary or involuntary return to the designated facility or program.

L. Except as provided in this section, court ordered examination, treatment, monitoring, isolation or quarantine shall not exceed three hundred sixty-five days.
A.R.S. § 36-1486 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1486
36-1486 Property exempt from execution sale
Status: in_force

36-1486. Property exempt from execution sale

All property of a municipality, including funds, owned or held by it for the purposes of this article shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against it nor shall judgment against a municipality be a charge or lien upon such property, but the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by a municipality on its rents, fees, grants or revenues from redevelopment projects.
A.R.S. § 36-205 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 205
36-205 Superintendent of state hospital; appointment; qualifications; compensation; chief medical officer
Status: in_force

36-205. Superintendent of state hospital; appointment; qualifications; compensation; chief medical officer

A. There shall be a superintendent of the state hospital who shall be appointed by and under the supervision of the director.

B. The compensation to be paid to the superintendent shall be determined pursuant to section 38-611.

C. The superintendent shall be removed only for cause.

D. The superintendent shall have the following qualifications:

1. Administrative experience in the private sector.

2. An educational background that prepares the superintendent for the administrative responsibilities assigned to the position.

3. Mental health-related experience in both an institutional and community setting.

E. The superintendent, with the approval of the director, shall appoint a chief medical officer of the state hospital who is a physician and who is licensed pursuant to title 32, chapter 13 or 17. The chief medical officer shall have not less than three years' experience in the treatment of psychiatric disorders and shall be board-certified in psychiatry by the board of psychiatry and neurology. The chief medical officer is eligible for compensation pursuant to section 38-611. The chief medical officer is responsible for the clinical administration of the hospital and shall report directly to the superintendent.
A.R.S. § 36-1413 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1413
36-1413 Construction of bond provisions
Status: in_force

36-1413. Construction of bond provisions

This article, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds authorized by this article. No other law with regard to the authorization or issuance of obligations that requires a bond election or in any way impedes or restricts the carrying out of the acts authorized by this article to be done shall be construed as applying to any proceedings taken or acts done pursuant to this article.
A.R.S. § 36-730 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 730
36-730 Appointment of guardian or conservator
Status: in_force

36-730. Appointment of guardian or conservator

A. If the court determines that the afflicted person is or may be in need of a guardian or conservator, or both, it shall order an investigation concerning the need for a guardian or conservator and shall appoint a suitable person or agency to conduct the investigation.

B. If the court finds that the afflicted person needs an immediate guardian or conservator to protect the afflicted person or to carry out alternatives to court ordered examination, treatment, monitoring, isolation or quarantine and there is no person qualified and willing to act in that capacity, the court may appoint a person or the public fiduciary to serve as a temporary guardian or conservator.
A.R.S. § 36-171 — Arizona Code / Title 36 / Chapter 1 / Article 3 / Section 171
36-171 Health care professionals workforce data repository; maintenance; rules; fee; public access
Status: in_force

36-171. Health care professionals workforce data repository; maintenance; rules; fee; public access

A. The department shall establish and maintain the health care professionals workforce data repository containing the data collected and transferred to the department pursuant to title 32, chapter 32, article 5.

B. In accordance with the rules adopted pursuant to this section, the department may assist the health profession regulatory boards in complying with a standardized format and securely transferring the data collected.

C. The department shall adopt rules to:

1. Provide procedures for the transfer of data from the health profession regulatory boards.

2. Maintain the privacy and security of the data pursuant to section 32-3249.01.

3. Specify the conditions and agreements to release the data consistent with paragraph 2 of this subsection.

4. Establish a fee to provide the data in the repository to persons who request the information.

D. The data in the repository is not a public record pursuant to title 39, chapter 1, article 3, and the department may provide the data only:

1. Subject to the conditions and agreements required by the rules adopted pursuant to this section.

2. Without any personally identifiable information.

3. For a fee that is not based on the intended use of the data.
A.R.S. § 36-901 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 901
36-901 Definitions
Status: in_force

36-901. Definitions

In this article, unless the context otherwise requires:

1. "Advertisement" means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food.

2. "Color additive" means a material that both:

(a) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral, or other source.

(b) When added or applied to a food is capable, alone or through reaction with other substance, of imparting color to that food, except that color additive does not include any material that has been exempted under the federal act. The term "color" includes, but is not limited to, black, white and intermediate grays. This paragraph shall not be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in aiding, retarding or otherwise affecting, directly or indirectly, the growth or other natural physiological process of produce of the soil, and thereby affecting its color, whether before or after harvest.

3. "Contaminated with filth" applies to any food not securely protected from dust, from dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

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

5. "Federal act" means the federal food, drug and cosmetic act, as amended (21 United States Code section 301 et seq.).

6. "Food" or "article" means:

(a) Articles used for food or drink for man or animals.

(b) Chewing gum.

(c) Articles used for components of any such article.

7. "Food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component of or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food, and including any source of radiation intended for any use if the substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety as having been adequately shown through scientific procedures, or in the case of a substance used in a food prior to January 1, 1958 through either scientific procedures or experience based on common use in food, to be safe under the conditions of its intended use.  Food additive does not include:

(a) A pesticide chemical in or on a raw agricultural commodity.

(b) A pesticide chemical to the extent that it is intended for use or is used in the production, storage or transportation of any raw agricultural commodity.

(c) A color additive.

(d) Any substance used in accordance with a sanction or approval granted pursuant to laws or regulations administered by the federal food and drug administration.

8. "Immediate container" does not include package liners.

9. "Label" or "labeling" means a display of written, printed or graphic matter upon the immediate container or wrapper of an article or accompanying that article.

10. "Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition, including fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables and foods that have been packaged, refrigerated or frozen.

11. "Pesticide chemical" means any substance that alone, in chemical combination or in formulation with one or more other substances is an "economic poison" within the meaning of the federal insecticide, fungicide and rodenticide act (7 United States Code sections 135-135k) and that is used in the production, storage or transportation of raw agricultural commodities.

12. "Prepared food" means any food commercially processed and prepared for human consumption.

13. "Raw agricultural commodity" means any food in its raw or natural state, including, but not limited to, all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

14. "Special inspection warrant" means an order in writing issued in the name of the state of Arizona, signed by a magistrate and directed to the director or his designee, authorizing him to enter into or upon any public or private property to make an inspection authorized by law.
A.R.S. § 36-2021 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2021
36-2021 Definitions
Status: in_force

36-2021. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Alcoholic" means a person who habitually lacks self-control with respect to the use of alcoholic beverages or who uses alcoholic beverages to the extent that the person's health is substantially impaired or endangered or social or economic functions are substantially disrupted.

3. "Approved private treatment facility" means a private agency meeting the standards established by the department and approved pursuant to sections 36-2023 and 36-2029.

4. "Approved public treatment facility" means a treatment agency operating under the directions and control of a county, providing treatment through a contract with a county, meeting the standards established by the department and approved pursuant to sections 36-2023 and 36-2029.

5. "Chronic alcoholic" means an alcoholic who is incapacitated by alcohol and who during the preceding twelve months has been admitted to a local alcoholism reception center on ten or more occasions or has been admitted for three or more episodes of inpatient or residential alcoholism treatment.

6. "Court" means the supreme court, the court of appeals, a superior court, a justice of the peace court, a municipal court or a city court authorized by charter.

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

8. "Director" means the director of the administration.

9. "Evaluation" means a multidisciplinary professional analysis of a person's medical, psychological, social, financial and legal conditions. Persons providing evaluation services shall be properly qualified professionals and may be full-time employees of an approved treatment facility providing evaluation services or may be part-time employees or may be employed on a contractual basis.

10. "Incapacitated by alcohol" means that a person as a result of the use of alcohol is unconscious or has judgment otherwise so impaired that the person is incapable of realizing and making a rational decision with respect to the person's need for evaluation and treatment, is unable to take care of basic personal needs or safety such as food, clothing, shelter or medical care or lacks sufficient understanding or capacity to make or communicate rational decisions.

11. "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the immediate effects of alcohol in the person's system.

12. "Local alcoholism reception center" or "center" means an initial reception agency for a person who is intoxicated or who is incapacitated by alcohol to receive initial evaluation and processing for assignment for further evaluation or into a treatment program.

13. "Treatment" means the broad range of emergency, outpatient, intermediate and inpatient services and care, including diagnostic evaluation, medical, psychiatric, psychological and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons.
A.R.S. § 36-2237 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2237
36-2237 Required insurance, financial responsibility or bond; revocation for failure to comply
Status: in_force

36-2237. Required insurance, financial responsibility or bond; revocation for failure to comply

A. The director shall not issue a certificate of necessity to an ambulance service unless the service has filed with the department a certificate of insurance or other evidence of financial responsibility in an amount the director deems necessary to adequately protect the interests of the public. The liability insurance shall bind the insurer to pay compensation for injuries to persons and for loss or damage to property resulting from the negligent operation of the ambulance service.

B. If an application for a certificate of necessity includes any type of subscription service contract and, in the director's discretion, a surety bond is necessary pursuant to section 36-2232, the director shall not issue a certificate of necessity until the applicant has filed a surety bond with the director in the form and amount determined by him on which bond the applicant is the principal obligor and this state is the obligee.  The director shall approve the bond and the bond must be with a surety company authorized to transact business in this state as surety on the bond. The bond must be conditioned on the payment by the applicant to any subscribers that may be parties to any type of subscription service contract.

C. The director shall fix the total amount of the bond required and the director may increase or decrease the bond amount subject to criteria adopted by rule and regulation.

D. The director shall revoke the certificate of necessity of any ambulance service which fails to comply with this section.
A.R.S. § 36-2223 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2223
36-2223 Stretcher vans; wheelchair vans; use; restrictions
Status: in_force

36-2223. Stretcher vans; wheelchair vans; use; restrictions

A. A stretcher van may transport a person who:

1. Needs routine transportation to or from a medical appointment or service if that person is convalescent or otherwise nonambulatory and does not require medical monitoring en route to the destination facility, or aid, care or treatment during transport.

2. Is an inpatient at a facility and needs transportation to another hospital for diagnostic tests if that person's physician authorizes the use of a stretcher van.

B. A stretcher van or wheelchair van shall not transport a person who:

1. Is being administered intravenous fluids.

2. Was administered a medication that might prevent that person from caring for himself.

3. Needs or may need oxygen unless that person's physician has prescribed oxygen as a self-administered therapy.

4. Needs or may need suctioning.

5. Has sustained an injury and has not yet been evaluated by a physician.

6. Is experiencing an acute condition or the exacerbation of a chronic condition or a sudden injury or illness.

7. Needs to be transported from one hospital to another hospital if the destination hospital is the same level or a higher level as the hospital of origin.

8. Is being evaluated in an emergency room and for any reason must be transported to another hospital for diagnostic tests that are not available at the first hospital.

9. Is being medically monitored at the sending facility and will continue to be medically monitored at the destination facility.

C. A stretcher van or wheelchair van shall not contain medical equipment or supplies or display any marking, symbols or warning devices that imply that it offers medical care or ambulance transportation.

D. A stretcher van shall not respond or transport a person if the request for service originated within a public dispatch system.

E. An ambulance service that provides both ambulances and stretcher vans or wheelchair vans shall not use a registered ambulance in place of a stretcher van or wheelchair van if a stretcher van or wheelchair van is specifically requested or if a stretcher van or wheelchair van may be used but is not immediately available.

F. A person transporting patients in stretcher vans or wheelchair vans in violation of the criteria in subsection B of this section or operating in violation of subsection C of this section may be determined by the department after notice and a hearing pursuant to section 36-2245 to have operated an unregistered ambulance in violation of section 36-2212.
A.R.S. § 36-2912 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2912
36-2912 Children's rehabilitative services program; definition
Status: in_force

36-2912. Children's rehabilitative services program; definition

A. The administration shall:

1. Establish a children's rehabilitative services program for children who have a chronic illness or physical disability and shall develop, implement, monitor, supervise, control and establish policies for that program.

2. Develop and implement policies to determine medical eligibility for the children's rehabilitative services program.

3. Develop and implement all rules and policies for the operation of the children's rehabilitative services program.

4. Establish and administer a program of service for children and for individuals determined to be eligible before they reach twenty-one years of age who have a chronic illness or physical disability or who are suffering from a condition that leads to a chronic illness or a physical disability and are in active treatment.  The program shall provide for:

(a) Medical, surgical, corrective and other services and care.

(b) The receipt and expenditure of monies made available to the administration for services to children who have a chronic illness or physical disability by the federal government, this state or its political subdivisions or from other sources, excluding monies received from parents or guardians for the care of children.

(c) Making necessary expenditures pursuant to the requirements of this section.

(d) Establishing and maintaining safeguards relating to the confidentiality of medical records.

(e) The acceptance and use of federal monies for children's rehabilitative services at the discretion of the administration and subject to any limitations imposed by annual state appropriations.

(f) Any other activities the administration determines are necessary for the effective operation of the program.

B. Pursuant to the requirements of section 36-2903, the director shall prepare and issue a public request for proposals, including a proposed contract format, at least once every five years to contract for the care and treatment of children who have a chronic illness or physical disability.

C. The total amount of state monies that the administration may spend in any fiscal year for children's rehabilitative services may not exceed the amount appropriated or authorized by section 35-173 for that purpose.  This subsection does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

D. Pursuant to the requirements of section 36-2923, the administration shall coordinate benefits provided pursuant to this section so that any costs payable by the administration are costs avoided or recovered from any available provider of first-party health insurance benefits. The administration shall act as payor of last resort unless specifically required by federal law.

E. For the purposes of this section, "children who have a chronic illness or physical disability" means children who are medically eligible for the children's rehabilitative services program and who require covered medical, surgical or therapeutic services for a covered condition that is medically disabling or potentially disabling, as prescribed by the administration.
A.R.S. § 36-3913 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3913
36-3913 Exception
Status: in_force

36-3913. Exception

The provisions of this chapter shall not apply to children's camps which are regulated by an existing ordinance of any city or town.
A.R.S. § 36-3292.01 — Arizona Code / Title 36 / Chapter 32 / Article 7 / Section 3292.01
36-3292.01 Transmission of records from a health information exchange organization to the registry
Status: in_force

36-3292.01. Transmission of records from a health information exchange organization to the registry

Notwithstanding any other provision of this article, the qualifying health information exchange organization may establish a process for transmitting to the health care directives registry documents described in section 36-3292 from a health information organization as defined in section 36-3801.
A.R.S. § 36-3703 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3703
36-3703 Competent professionals
Status: in_force

36-3703. Competent professionals

A. If a person is subject to an examination under this article, each party may select a competent professional to perform simultaneous evaluations of the person. The parties may stipulate to an evaluation by only one competent professional.

B. If the person is indigent, the court shall assist the person in retaining a competent professional to conduct the examination or to participate in the trial on the person's behalf.

C. Each competent professional shall be given reasonable access to the person in order to conduct the examination and shall share access to all relevant medical and psychological records, test data, test results and reports.

D. A competent professional who is retained by a party or who is appointed by the court is not permitted to give testimony unless the competent professional exchanges information as required by this section and, at least ten days before trial, submits to the court and all of the parties a written report of the competent professional's evaluation of the person.

E. At any proceeding under this chapter, a competent professional who is retained by a party or who is appointed by the court is not subject to a court order for the sequestration of witnesses.

F. The court shall approve a reasonable amount to be paid by the county for the services of a competent professional appointed by the court. In approving the amount to be paid the court shall consider the time expended, services rendered, expenses incurred and compensation received in the same case or for the same services from any other source.
A.R.S. § 36-2901.03 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.03
36-2901.03 Federal poverty program; eligibility
Status: in_force

36-2901.03. Federal poverty program; eligibility

A. The administration shall adopt rules for a streamlined eligibility determination process for any person who applies to be an eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iv).  The administration shall adopt these rules in accordance with state and federal requirements and the section 1115 waiver.

B. The administration must base eligibility on an adjusted gross income that does not exceed one hundred per cent of the federal poverty guidelines.

C. For persons who the administration determines are eligible pursuant to this section, the date of eligibility is the first day of the month of application.

D. Except as provided in subsection E of this section, the administration shall determine an eligible person's continued eligibility at least annually.

E. Every six months the administration shall determine the continued eligibility of any adult who is at least twenty-one years of age and who is subject to redetermination of eligibility for temporary assistance for needy families cash benefits by the department.  Acute care redeterminations pursuant to this subsection shall occur simultaneously with redeterminations of eligibility for temporary assistance for needy families cash benefits.
A.R.S. § 36-550.04 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.04
36-550.04 Evaluation system; contract requirements
Status: in_force

36-550.04. Evaluation system; contract requirements

A. The director shall develop and implement an evaluation system that includes program planning and development, fiscal and data management and contract administration.

B. A county that desires to contract with the administration to deliver programs and services as provided by this article may initiate such a contract on a majority vote of the county's board of supervisors. The contract may be implemented directly by the county or indirectly by contract with other public or private nonprofit agencies.

C. Any county contracting with the administration shall meet the evaluation requirements established by the director pursuant to subsection A of this section.
A.R.S. § 36-4002 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4002
36-4002 Biannual examination of committed persons; report; records access; attorney withdrawal
Status: in_force

36-4002. Biannual examination of committed persons; report; records access; attorney withdrawal

A. The psychiatrist, psychologist or other competent professional of the secure state mental health facility shall biannually examine each person who is committed pursuant to section 13-4521. The person who conducts the biannual examination shall submit the examination report to the court, the state and the committed defendant. The biannual report shall state the treatment and education that the committed defendant has received, a prognosis for the committed defendant's restoration to competency and whether the committed defendant remains dangerous.

B. If the psychiatrist, psychologist or other competent professional submits a report indicating that the committed defendant is competent to stand trial or is no longer dangerous, the court shall hold a hearing to determine whether the committed defendant is competent or is no longer dangerous.

C. If the psychiatrist, psychologist or other competent professional submits a report that the committed defendant is no longer dangerous in whole or in part because of medication that the committed defendant is taking, the report shall state whether the committed defendant will continue to take that medication if released to a less restrictive alternative and would comply with all other conditions of a less restrictive alternative.

D. The court shall hold the hearing within forty-five days after receiving the report. 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 and that the committed defendant is incompetent to stand trial.

E. A retained or appointed competent professional shall have access to all records concerning the committed defendant. All competent professionals shall have equal access to the committed defendant as well as all records concerning the committed defendant.

F. This section does not preclude the committed defendant from petitioning the court for conditional release to a less restrictive alternative or discharge from treatment pursuant to section 36-4004, subsection C.

G. If the committed defendant's attorney withdraws from representing the committed defendant at any time during the committed defendant's commitment, the court shall notify the attorney for the state and the committed defendant and either allow the committed defendant sufficient time to employ another attorney or, if the committed defendant is indigent, appoint an attorney to represent the committed defendant in connection with proceedings under this article.
A.R.S. § 36-2203.01 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2203.01
36-2203.01 Medical direction commission; membership; duties
Status: in_force

36-2203.01. Medical direction commission; membership; duties

A. The medical direction commission is established consisting of the following twelve members:

1. The medical director of the emergency medical services and trauma system in the department of health services who shall serve as chairman.

2. The four emergency physicians who serve on the emergency medical services council pursuant to section 36-2203, subsection A, paragraph 2.

3. One physician who specializes in toxicology and who has a demonstrated interest or expertise in emergency medical services systems.

4. One full-time faculty representative of an emergency medicine residency program approved by a residency review commission.

5. One physician who specializes in trauma surgery and who has a demonstrated interest or expertise in emergency medical services systems.

6. One emergency physician who has a full-time practice based in a rural area.

7. One physician who specializes in severe acute head injury treatment or spinal cord care and who has a demonstrated interest or expertise in emergency medical services systems.

8. One physician who specializes in pediatric medicine and who has a demonstrated interest or expertise in emergency medical services systems.

9. One physician who specializes in cardiac care and who has a demonstrated interest or expertise in emergency medical services systems.

B. The governor shall make all appointments of members designated pursuant to subsection A, paragraphs 3 through 9 of this section. The governor may accept recommendations for the appointment of commission members from the following organizations:

1. The Arizona chapter of the American college of emergency physicians.

2. The Arizona chapter of the American college of surgeons.

3. The Arizona chapter of the American college of pediatrics.

4. The Arizona chapter of the American college of physicians.

C. The commission shall assist the director in developing medical protocols governing the medical treatments, procedures, medications, training and techniques that may be administered or performed by each classification of emergency medical care technicians pursuant to section 36-2205.

D. Members of the commission serve three year terms.

E. Members of the commission are not entitled to compensation but are entitled to reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 36-401 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 401
36-401 Definitions; adult foster care
Status: in_force

36-401. Definitions; adult foster care

A. In this chapter, unless the context otherwise requires:

1. "Accredited health care institution" means a health care institution, other than a hospital, that is currently accredited by a nationally recognized accreditation organization.

2. "Accredited hospital" means a hospital that is currently accredited by a nationally recognized organization on hospital accreditation.

3. "Adult behavioral health therapeutic home" means a residence for individuals who are at least eighteen years of age, have behavioral health issues and need behavioral health services that does all of the following for those individuals:

(a) Provides room and board.

(b) Assists in acquiring daily living skills.

(c) Coordinates transportation to scheduled appointments.

(d) Monitors behaviors.

(e) Assists in the self-administration of medication.

(f) Provides feedback to case managers related to behavior.

4. "Adult day health care facility" means a facility that provides adult day health services during a portion of a continuous twenty-four-hour period for compensation on a regular basis for five or more adults who are not related to the proprietor.

5. "Adult day health services" means a program that provides planned care supervision and activities, personal care, personal living skills training, meals and health monitoring in a group setting during a portion of a continuous twenty-four-hour period. Adult day health services may also include preventive, therapeutic and restorative health-related services that do not include behavioral health services.

6. "Adult foster care home" means a residential setting that provides room and board and adult foster care services for at least one and not more than four adults who are participants in the Arizona long-term care system pursuant to chapter 29, article 2 of this title or contracts for services with the United States department of veterans affairs and in which the sponsor or the manager resides with the residents and integrates the residents who are receiving adult foster care into that person's family.

7. "Adult foster care services" means supervision, assistance with eating, bathing, toileting, dressing, self-medication and other routines of daily living or services authorized by rules adopted pursuant to section 36-405 and section 36-2939, subsection C.

8. "Assisted living center" means an assisted living facility that provides resident rooms or residential units to eleven or more residents.

9. "Assisted living facility" means a residential care institution, including an adult foster care home, that provides or contracts to provide supervisory care services, personal care services or directed care services on a continuous basis.

10. "Assisted living home" means an assisted living facility that provides resident rooms to ten or fewer residents.

11. "Behavioral health services" means services that pertain to mental health and substance use disorders and that are either:

(a) Performed by or under the supervision of a professional who is licensed pursuant to title 32 and whose scope of practice allows the professional to provide these services.

(b) Performed on behalf of patients by behavioral health staff as prescribed by rule.

12. "Construction" means building, erecting, fabricating or installing a health care institution.

13. "Continuous" means available at all times without cessation, break or interruption.

14. "Controlling person" means a person who:

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

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

(c) If the applicant or licensee is a corporation, an association or a limited liability company, is the president, the chief executive officer, the incorporator or any person who owns or controls at least ten percent of the voting securities.  For the purposes of this subdivision, corporation does not include nonprofit corporations.

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

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

16. "Directed care services" means programs and services, including supervisory and personal care services, that are provided to persons who are incapable of recognizing danger, summoning assistance, expressing need or making basic care decisions.

17. "Direction" means authoritative policy or procedural guidance to accomplish a function or activity.

18. "Director" means the director of the department.

19. "Direct owner" means a person that has an ownership or control interest in a health care institution totaling fifty-one percent or more.

20. "Facilities" means buildings that are used by a health care institution for providing any of the types of services as defined in this chapter.

21. "Freestanding urgent care center":

(a) Means an outpatient treatment center that, regardless of its posted or advertised name, meets any of the following requirements:

(i) Is open twenty-four hours a day, excluding at its option weekends or certain holidays, but is not licensed as a hospital.

(ii) Claims to provide unscheduled medical services that are not otherwise routinely available in primary care physician offices.

(iii) By its posted or advertised name, gives the impression to the public that it provides medical care for urgent, immediate or emergency conditions.

(iv) Routinely provides ongoing unscheduled medical services for more than eight consecutive hours for an individual patient.

(b) Does not include the following:

(i) A medical facility that is licensed under a hospital's license and that uses the hospital's medical provider number.

(ii) A qualifying community health center pursuant to section 36-2907.06.

(iii) Any other health care institution licensed pursuant to this chapter.

(iv) A physician's office that offers extended hours or same-day appointments to existing and new patients and that does not meet the requirements of subdivision (a), item (i), (iii) or (iv) of this paragraph.

22. "Governing authority" means the individual, agency, partners, group or corporation, whether appointed, elected or otherwise designated, in which the ultimate responsibility and authority for the conduct of the health care institution are vested.

23. "Health care institution" means every place, institution, building or agency, whether organized for profit or not, that provides facilities with medical services, nursing services, behavioral health services, health screening services, other health-related services, supervisory care services, personal care services or directed care services and includes home health agencies as defined in section 36-151, outdoor behavioral health care programs and hospice service agencies.

24. "Health-related services" means services, other than medical, that pertain to general supervision, protective, preventive and personal care services, supervisory care services or directed care services.

25. "Health screening services" means the acquisition, analysis and delivery of health-related data of individuals to aid in determining the need for medical services.

26. "Hospice" means a hospice service agency or the provision of hospice services in an inpatient facility.

27. "Hospice service" means a program of palliative and supportive care for terminally ill persons and their families or caregivers.

28. "Hospice service agency" means an agency or organization, or a subdivision of that agency or organization, that provides hospice services at the place of residence of its clients.

29. "Indirect owner":

(a) Means a person that has an ownership or control interest in a direct owner totaling fifty-one percent or more.

(b) Includes an ownership or control interest in an indirect owner totaling fifty-one percent or more and a combination of direct ownership and indirect ownership or control interests totaling fifty-one percent or more in the health care institution.

30. "Inpatient beds" or "resident beds" means accommodations with supporting services, such as food, laundry and housekeeping, for patients or residents who generally stay in excess of twenty-four hours.

31. "Intermediate care facility for individuals with intellectual disabilities" has the same meaning prescribed in section 36-551.

32. "Licensed capacity" means the total number of persons for whom the health care institution is authorized by the department to provide services as required pursuant to this chapter if the person is expected to stay in the health care institution for more than twenty-four hours.  For a hospital, licensed capacity means only those beds specified on the hospital license.

33. "Medical services" means the services that pertain to medical care and that are performed at the direction of a physician on behalf of patients by physicians, dentists, nurses and other professional and technical personnel.

34. "Modification" means the substantial improvement, enlargement, reduction or alteration of or other change in a health care institution.

35. "Nonproprietary institution" means any health care institution that is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual, or that is operated by the state or any political subdivision of the state.

36. "Nursing care institution" means a health care institution that provides inpatient beds or resident beds and nursing services to persons who need continuous nursing services but who do not require hospital care or direct daily care from a physician.

37. "Nursing services" means those services that pertain to the curative, restorative and preventive aspects of nursing care and that are performed at the direction of a physician by or under the supervision of a registered nurse licensed in this state.

38. "Nursing-supported group home" means a health care institution that is a community residential setting as defined in section 36-551 for not more than six persons with developmental disabilities, that is operated by a service provider under contract with the department of economic security and that provides room and board, daily habilitation and continuous nursing support and intervention.

39. "Organized medical staff" means a formal organization of physicians, and dentists if appropriate, with the delegated authority and responsibility to maintain proper standards of medical care and to plan for continued betterment of that care.

40. "Outdoor behavioral health care program" means an agency that provides behavioral health services in an outdoor environment as an alternative to behavioral health services that are provided in a health care institution with facilities.  Outdoor behavioral health care programs do not include:

(a) Programs, facilities or activities that are operated by a government entity or that are licensed by the department as a child care program pursuant to chapter 7.1 of this title.

(b) Outdoor activities for youth that are designated to be primarily recreational and that are organized by church groups, scouting organizations or similar groups.

(c) Outdoor youth programs that are licensed by the department of economic security.

41. "Personal care services" means assistance with activities of daily living that can be performed by persons without professional skills or professional training and includes the coordination or provision of intermittent nursing services and the administration of medications and treatments by a nurse who is licensed pursuant to title 32, chapter 15 or as otherwise provided by law.

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

43. "Recidivism reduction services" means services that are delivered by an adult residential care institution to its residents to encourage lawful behavior and to discourage or prevent residents who are suspected of, charged with or convicted of one or more criminal offenses, or whose mental health and substance use can be reasonably expected to place them at risk for the future threat of prosecution, diversion or incarceration, from engaging in future unlawful behavior.

44. "Recidivism reduction staff" means a person who provides recidivism reduction services.

45. "Residential care institution" means a health care institution other than a hospital or a nursing care institution that provides resident beds or residential units, supervisory care services, personal care services, behavioral health services, directed care services or health-related services for persons who do not need continuous nursing services.

46. "Residential unit" means a private apartment, unless otherwise requested by a resident, that includes a living and sleeping space, kitchen area, private bathroom and storage area.

47. "Respite care services" means services that are provided by a licensed health care institution to persons who are otherwise cared for in foster homes and in private homes to provide an interval of rest or relief of not more than thirty days to operators of foster homes or to family members.

48. "Substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of a health care institution does not pose a direct risk to the life, health or safety of patients or residents.

49. "Supervision" means directly overseeing and inspecting the act of accomplishing a function or activity.

50. "Supervisory care services" means general supervision, including daily awareness of resident functioning and continuing needs, the ability to intervene in a crisis and assistance in self-administering prescribed medications.

51. "Temporary license" means a license that is issued by the department to operate a class or subclass of a health care institution at a specific location and that is valid until an initial licensing inspection.

52. "Unscheduled medical services" means medically necessary periodic health care services that are unanticipated or cannot reasonably be anticipated and that require medical evaluation or treatment before the next business day.

B. If there are fewer than four Arizona long-term care system participants receiving adult foster care in an adult foster care home, nonparticipating adults may receive other types of services that are authorized by law to be provided in the adult foster care home as long as the number of adults served, including the Arizona long-term care system participants, does not exceed four.

C. Nursing care services may be provided by the adult foster care licensee if the licensee is a nurse who is licensed pursuant to title 32, chapter 15 and the services are limited to those allowed pursuant to law.  The licensee shall keep a record of nursing services rendered.
A.R.S. § 36-3603 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3603
36-3603 State jurisdiction; scope
Status: in_force

36-3603. State jurisdiction; scope

This article applies to the practice of telehealth within this state. This article does not expand, reduce or otherwise amend the health care provider licensing requirements of title 32.
A.R.S. § 36-841 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 841
36-841 Definitions
Status: in_force

36-841. Definitions

In this article, unless the context otherwise requires:

1. "Adult" means an individual who is at least eighteen years of age.

2. "Agent" means an individual who is either:

(a) Authorized to make health care decisions on the principal's behalf pursuant to a health care power of attorney.

(b) Expressly authorized to make an anatomical gift on the principal's behalf pursuant to any other record signed by the principal.

3. "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research or education.

4. "Auxiliary aids and services" means all of the following:

(a) Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with a hearing impairment.

(b) Qualified readers, taped texts or other effective methods of making visually delivered materials available to individuals with a visual impairment.

(c) Information in a format that is readily accessible and understandable to individuals with a cognitive, neurological, developmental or intellectual disability.

(d) Acquisition or modification of equipment or devices.

(e) Supported decision-making services.

(f) Other services and actions similar to those described in subdivisions (a), (b), (c), (d) and (e) of this paragraph.

5. "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. Decedent includes a stillborn infant and, subject to restrictions imposed by any other law, a fetus.

6. "Disability" has the same meaning prescribed in section 3 of the Americans with disabilities act of 1990 (P.L. 101-336; 104 stat. 327; 42 United States Code section 12102).

7. "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent or guardian of the individual who makes, amends, revokes or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. Disinterested witness does not include a person to which an anatomical gift could pass pursuant to section 36-850.

8. "Document of gift" means a donor card or other record that is used to make an anatomical gift. Document of gift includes a statement or symbol on a driver license, identification card or donor registry.

9. "Donor" means an individual whose body or part is the subject of an anatomical gift.

10. "Donor registry" means a database that contains records of anatomical gifts.

11. "Driver license" means a license or permit that is issued pursuant to title 28 to operate a vehicle, whether or not conditions are attached to the license or permit.

12. "Eye bank" means a person that is licensed or regulated under federal or state law or is accredited by a nationally recognized accrediting agency to engage in recovering, screening, testing, processing, storing or distributing human eyes or portions of human eyes.

13. "Guardian" means a person who is appointed by a court to make decisions regarding the support, care, education, health or welfare of an individual. Guardian does not include a guardian ad litem.

14. "Health care facility":

(a) Means a facility that is licensed, certified or otherwise authorized to provide health care in the ordinary course of business.

(b) Includes a hospital, nursing facility, laboratory, intermediate care facility, mental health facility, transplant center and any other facility for individuals with intellectual or developmental disabilities.

15. "Health care provider":

(a) Means an individual or facility that is licensed, certified or otherwise authorized to provide health care in the ordinary course of business or professional practice.

(b) Includes a physician, hospital, nursing facility, laboratory, intermediate care facility, mental health facility, transplant center and any other facility for individuals with intellectual or developmental disabilities.

16. "Hospital" means a facility that is licensed as a hospital under the laws of any state or that is operated as a hospital by the United States, a state or a subdivision of a state.

17. "Identification card" means a nonoperating identification license that is issued by the motor vehicle division of the department of transportation.

18. "Know" means to have actual knowledge.

19. "Minor" means an individual who is under eighteen years of age.

20. "Nontransplant anatomical donation organization" means a tissue bank or other organization that facilitates nontransplant anatomical donations, including facilitation through referrals, obtaining informed consent or authorization and assessing donor acceptability and through the acquisition, traceability, transporting, preparation, packaging, labeling, storage, release, evaluating intended use, distribution and final disposition of nontransplant anatomical donations.

21. "Organ procurement organization" means a qualified organ procurement organization under 42 United States Code section 273 that is currently certified or recertified in accordance with that federal law.

22. "Parent" means a parent whose parental rights have not been terminated.

23. "Part" means an organ, eye or tissue of a human being.  Part does not include the whole body.

24. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

25. "Physician" means an individual who is licensed as a physician pursuant to title 32, chapter 13 or 17.

26. "Principal" means a person who is the subject of a health care power of attorney.

27. "Procurement organization" means any of the following:

(a) An organ procurement organization.

(b) A tissue bank.

(c) An eye bank.

(d) A storage facility that is licensed, accredited or approved under federal law or the laws of any state to engage in the recovery, screening, testing, processing or storage of human bodies or parts.

(e) A nontransplant anatomical donation organization.

28. "Prospective donor" means an individual who is dead or near death and who has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research or education.  Prospective donor does not include an individual who has made a refusal.

29. "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

30. "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

31. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

32. "Refusal" means a record created pursuant to section 36-846 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.

33. "Sign", with respect to the present intent to authenticate or adopt a record, means either:

(a) To execute or adopt a tangible symbol.

(b) To attach to or logically associate with the record an electronic symbol, sound or process.

34. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

35. "Technician" means an individual who is determined to be qualified to remove or process parts by an appropriate organization that is licensed or regulated under federal or state law or is accredited by a nationally recognized accrediting agency. Technician includes an enucleator.

36. "Tissue" means all or a portion of the human body other than blood, an organ or an eye unless the blood, organ or eye is donated for the purpose of research or education.

37. "Tissue bank" means a person that is licensed or regulated under federal or state law or is accredited as a tissue bank by a nationally recognized accrediting agency to engage in the recovery, screening, testing, processing, storage or distribution of tissue.

38. "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
A.R.S. § 36-474 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 474
36-474 Investigation of complaints; notice of hearing
Status: in_force

36-474. Investigation of complaints; notice of hearing

A. The department may, upon its own initiative, and shall upon the verified complaint of any person setting forth facts which if proven would constitute grounds for action taken pursuant to section 36-473, investigate the applicant or licensee.

B. The department shall notify the applicant or licensee of the date, time and place of the hearing which shall be heard not less than ten days after the notice is served or mailed.

C. A hearing conducted pursuant to this section shall comply with the requirements of title 41, chapter 6, article 10.