A.R.S. § 36-495.13 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.13
36-495.13 Powers of the director
Status: in_force

36-495.13. Powers of the director

A. In addition to the rules required by section 36-495.01, the director may adopt other rules and prescribe forms that are necessary for the administration and enforcement of this chapter.

B. The director may issue interpretive guidelines on subjects relating to the rules adopted under this chapter.

C. The director may enter into intergovernmental agreements with other agencies of this state for the purpose of licensing environmental laboratories performing compliance testing.
A.R.S. § 36-3706 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3706
36-3706 Trial
Status: in_force

36-3706. Trial

Within one hundred twenty days after a petition is filed pursuant to section 36-3704, the court shall conduct a trial to determine if the person named in the petition is a sexually violent person. The county attorney, attorney general or person named in the petition may request a jury trial. If no request is made, the trial shall be before the court. The judge may continue the trial at the request of either party on a showing of good cause or on its own motion if the person will not be substantially prejudiced.
A.R.S. § 36-853 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 853
36-853 Coordination of procurement and use
Status: in_force

36-853. Coordination of procurement and use

A. Each hospital in this state shall enter into one or more agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

B. If there has been an anatomical gift, the institution where the removal of any donated parts occurs shall notify the funeral director or the person acting in that capacity who first assumes custody of the body about the removal of the body parts.
A.R.S. § 36-446.01 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.01
36-446.01 Licensure or certification requirements
Status: in_force

36-446.01. Licensure or certification requirements

A. A nursing care institution shall not operate in this state except under the supervision of an administrator licensed pursuant to this article.

B. An assisted living facility shall not operate in this state except under the supervision of a manager certified pursuant to this article.

C. It is unlawful for any person who does not have a license or certificate, or whose license or certificate has lapsed or has been suspended or revoked, to practice or offer to practice skilled nursing facility administration or assisted living facility management or use any title, sign, card or device indicating that such person is an administrator or manager.
A.R.S. § 36-2940 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2940
36-2940 Program contractors; annual plan
Status: in_force

36-2940. Program contractors; annual plan

A. The administration shall contract with the program contractors pursuant to this section or section 36-2944 using a contract as prescribed by the director. The department shall be a program contractor and provide services pursuant to this article either directly or through subcontracts with providers or through noncontracting providers to members who are defined as persons with developmental disabilities pursuant to section 36-551 and who are enrolled with the program contractor by the system.

B. Each program contractor pursuant to this section shall annually submit to the director a comprehensive plan for the delivery of services to members. The plan shall include necessary information as determined by the director.
A.R.S. § 36-439.02 — Arizona Code / Title 36 / Chapter 4 / Article 3.1 / Section 439.02
36-439.02 Colocators; collaborating outpatient treatment centers; requirements
Status: in_force

36-439.02. Colocators; collaborating outpatient treatment centers; requirements

In addition to any other requirements of this chapter, colocators at a collaborating outpatient treatment center shall:

1. Designate which outpatient treatment center will act as the collaborating outpatient treatment center and be liable and responsible for the health, safety, cleanliness and maintenance of all common areas and the supervision and training of all shared nontreatment personnel pursuant to written policies of the collaborating outpatient treatment center.

2. Designate which areas are considered common areas and which personnel are designated as shared nontreatment personnel.

3. Designate the associated licensed providers.

4. Ensure that medical records that are located in common areas or shared by colocators are maintained pursuant to all federal and state confidentiality laws.  A colocator may have access to a patient's medical records only if the patient has consented.
A.R.S. § 36-303 — Arizona Code / Title 36 / Chapter 3 / Article 1 / Section 303
36-303 System of public health statistics; powers and duties of the department
Status: in_force

36-303. System of public health statistics; powers and duties of the department

A. The department shall:

1. Administer and enforce this chapter and rules adopted pursuant to this chapter.

2. Provide for the efficient administration of a system of public health statistics.

B. The department may adopt rules to implement a system of public health statistics pursuant to this chapter.
A.R.S. § 36-4007 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4007
36-4007 Detention and commitment requirements; definition
Status: in_force

36-4007. Detention and commitment requirements; definition

A. A committed defendant does not forfeit any legal right and may not suffer any legal disability as a consequence of any actions taken or orders made pursuant to this article except as specifically provided in this article.

B. A committed defendant shall receive care, supervision or treatment. The medical director shall keep records detailing all medical, expert and professional care and treatment that a committed defendant receives and shall keep copies of all reports of periodic examinations that are made pursuant to this article.  These records and reports shall be made available on request only to any of the following:

1. The committed defendant.

2. The committed defendant's attorney.

3. The attorney for the state.

4. The court.

5. On proper showing, an expert or professional who demonstrates a need for access to the records or reports.

6. Any mental health professional directly responsible or associated with the mental health professional who is directly responsible for the care, control, assessment or treatment of the committed defendant.

C. At the time a committed defendant is detained or transferred into a licensed facility, the person in charge of the facility or the person's designee shall take reasonable precautions to inventory and safeguard the personal property of the detained or transferred committed defendant.  The staff member who makes an inventory of the committed defendant's personal property shall give a signed copy of that inventory to the committed defendant. The facility shall allow a responsible relative to inspect the property, subject to any limits that the committed defendant specifically imposes. The facility may not disclose the contents of the inventory to any other person without the consent of the committed defendant or a court order.

D. Except as provided in section 13-4517, subsection B, the medical director is responsible for all expenses associated with the education, care, supervision and treatment to render the committed defendant either competent or nondangerous.

E. This article does not prohibit a committed defendant from exercising any right that is available for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus. The committed defendant must exhaust all direct appeal and postcommitment procedures before exercising the committed defendant's right to petition for a writ of habeas corpus.

F. A committed defendant who is indigent may not be conditionally released to a less restrictive alternative or discharged without suitable clothing. When a committed defendant is conditionally released to a less restrictive alternative or discharged, the medical director shall furnish the committed defendant with an amount of money in conformance with section 31-228.

G. For the purposes of this section, "responsible relative" means the spouse, parent, adult child or adult sibling of the committed defendant and includes the guardian, conservator or attorney of the committed defendant.
A.R.S. § 36-1161 — Arizona Code / Title 36 / Chapter 9 / Article 6 / Section 1161
36-1161 Poison and drug information centers and Arizona poison control system established; staff; functions
Status: in_force

36-1161. Poison and drug information centers and Arizona poison control system established; staff; functions

A. The department of health services shall establish the Arizona poison control system consisting of the following two poison control centers:

1. The Arizona poison and drug information center.  This center shall be located at and affiliated with the university of Arizona college of pharmacy, shall serve the needs of citizens in all counties outside of Maricopa county and shall be affiliated with the toxicology training programs of the Arizona health sciences center.

2. A poison and drug information center that shall serve the needs of citizens of Maricopa county and that shall be located in Maricopa county. This center shall be separate from the center specified in paragraph 1 of this subsection, shall be privately operated and shall be affiliated with an accredited medical toxicology fellowship postgraduate training program for physicians.

B. The Arizona poison control system shall provide comprehensive poison and drug information and management of poisoned persons.

C. Each poison control center shall employ a full-time staff, including a clinical or medical toxicologist and poison and drug information specialists and treatment consultants.

D. Each poison control center shall assume responsibility for the following functions in its respective region:

1. Poison prevention.

2. Data collection.

3. Education.

4. Management of poisoned persons.

5. Drug information services.

E. The Arizona poison control system may provide opioid assistance and referral resources through a toll-free telephone service for all communities in this state.
A.R.S. § 36-2804.05 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804.05
36-2804.05 Denial of registry identification card
Status: in_force

36-2804.05. Denial of registry identification card

(Caution:  1998 Prop. 105 applies)

A. The department may deny an application or renewal of a qualifying patient's registry identification card only if the applicant:

1. Does not meet the requirements of section 36-2801, paragraph 15.

2. Does not provide the information required.

3. Previously had a registry identification card revoked for violating this chapter.

4. Provides false information.

B. The department may deny an application or renewal of a designated caregiver's registry identification card if the applicant:

1. Does not meet the requirements of section 36-2801, paragraph 5.

2. Does not provide the information required.

3. Previously had a registry identification card revoked for violating this chapter.

4. Provides false information.

C. The department may deny a registry identification card to a nonprofit medical marijuana dispensary agent if:

1. The agent applicant does not meet the requirements of section  36-2801, paragraph 13.

2. The applicant or dispensary did not provide the required information.

3. The agent applicant previously had a registry identification card revoked for violating this chapter.

4. The applicant or dispensary provides false information.

D. The department may conduct a criminal records check of each designated caregiver or nonprofit medical marijuana dispensary agent applicant to carry out this section.

E. The department shall notify the registered nonprofit medical marijuana dispensary in writing of the reason for denying a registry identification card to a nonprofit medical marijuana dispensary agent.

F. The department shall notify the qualifying patient in writing of the reason for denying a registry identification card to the qualifying patient's designated caregiver.

G. Denial of an application or renewal is considered a final decision of the department subject to judicial review pursuant to title 12, chapter 7, article 6. Jurisdiction and venue for judicial review are vested in the superior court.
A.R.S. § 36-2937 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2937
36-2937 Effective date of program contractor's responsibility
Status: in_force

36-2937. Effective date of program contractor's responsibility

A. If a person is eligible for services under article 1 of this chapter, the provider with whom the member is enrolled under article 1 of this chapter is responsible for providing services covered under article 1 of this chapter until the date of eligibility for the system specified in contract or until the eligible person or member is no longer eligible under article 1 of this chapter, whichever occurs first.

B. For a person who is not a member or eligible person under article 1 of this chapter on the date of eligibility for the system, the program contractor is responsible beginning on the date specified in contract for providing services pursuant to this article. If the person is retroactively eligible pursuant to federal law prior to the date that the program contractor assumes responsibility, the administration shall reimburse noncontracting providers from the Arizona long-term care fund for services which are covered under this article and which are provided to an eligible person during the period of retroactive eligibility. No reimbursement may be made for a service provided during the period of retroactive eligibility that does not qualify for monies under title XIX of the social security act. The director shall adopt rules prescribing reimbursement levels for services provided during the period of retroactive eligibility which are consistent with federal law. Covered inpatient hospital services provided during the period of retroactive eligibility shall not be reimbursed at a level higher than prescribed in section 36-2903.01.
A.R.S. § 36-3503 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3503
36-3503 Access to information; confidentiality; violation; classification
Status: in_force

36-3503. Access to information; confidentiality; violation; classification

A. On request of the chairperson of the state or a local child fatality review team or the maternal mortality review program and as necessary to carry out the team's or program's duties, the chairperson shall be provided within five days excluding weekends and holidays with access to all information and records regarding a child whose fatality or near fatality is being reviewed by the team or information and records regarding the child's family and records of a maternal fatality associated with pregnancy pursuant to section 36-3501.01:

1. From a person or institution providing medical, dental, nursing or mental health care.

2. From this state or a political subdivision of this state that might assist a team or program to review a child fatality or near fatality or a case of maternal mortality.

B. A law enforcement agency with the approval of the prosecuting attorney may withhold from release pursuant to subsection A of this section any investigative records that might interfere with a pending criminal investigation or prosecution.

C. The director of the department of health services or the director's designee may apply to the superior court for a subpoena as necessary to compel the production of books, records, documents and other evidence related to a team investigation. Subpoenas issued shall be served and, on application to the court by the director or the director's designee, enforced in the manner provided by law for the service and enforcement of subpoenas. A law enforcement agency is not required to produce the information requested under the subpoena if the subpoenaed evidence relates to a pending criminal investigation or prosecution. All records shall be returned to the agency or organization on completion of the review. Written reports or records containing identifying information shall not be kept by the team.

D. All information and records acquired by the state team, any local team or a program are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceedings, except that information, documents and records otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because they were presented to or reviewed by a team or program.

E. Members of a team or program, persons attending a team or program meeting and persons who present information to a team or program may not be questioned in any civil or criminal proceedings regarding information presented in or opinions formed as a result of a meeting.  This subsection does not prevent a person from testifying to information that is obtained independently of the team or program or that is public information.

F. Pursuant to policies adopted by the state child fatality review team or the maternal mortality review program, a member of the state or a local child fatality review team or the maternal mortality review program, or the member's designee, may contact, interview or obtain information from a close contact or family member of a child or woman who dies within the team's or program's jurisdiction. The state child fatality review team and maternal mortality review program shall establish a process for approving any contact, interview or request before any team or program member or designee contacts, interviews or obtains information from the close contact or family member of a child or woman who dies within the team's or program's jurisdiction. Policies adopted pursuant to this subsection must require that any individual who engages with a family member be trained in trauma informed interview techniques and educated on support services available to the close contact or family member.

G. State and local team and program meetings are closed to the public and are not subject to title 38, chapter 3, article 3.1 if the team or program is reviewing individual child fatality cases or cases of maternal fatalities associated with pregnancy. All other team and program meetings are open to the public.

H. A person who violates the confidentiality requirements of this section is guilty of a class 2 misdemeanor.
A.R.S. § 36-439.01 — Arizona Code / Title 36 / Chapter 4 / Article 3.1 / Section 439.01
36-439.01 Colocation of licensees
Status: in_force

36-439.01. Colocation of licensees

Notwithstanding any other provision of this chapter, one or more licensed outpatient treatment centers or exempt outpatient treatment centers that provide medical, nursing and health-related services may colocate or colocate with one or more licensees or exempt outpatient treatment centers that provide behavioral health services or with one or more licensed counseling facilities and may share common areas at the collaborating outpatient treatment center premises and share nontreatment personnel pursuant to the requirements of this article.
A.R.S. § 36-897.10 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.10
36-897.10 Pending action or sale; effect on licensure
Status: in_force

36-897.10. Pending action or sale; effect on licensure

A. The department shall not act on an application for certification of a currently certified child care group home while any enforcement or court action related to child care group home certification is pending against that group home's current certificate holder.

B. The director may continue to pursue any court, administrative or enforcement action against the certificate holder even if the group home is in the process of being sold or transferred to a new owner.

C. The department shall not approve a change in group home ownership unless it determines that there has been a transfer of legal and equitable interests, control and authority in the group home so that persons other than the transferring certificate holder, that certificate holder's agent or other parties exercising authority or supervision over the group home's daily operations or staff are responsible for and have control over the group home.
A.R.S. § 36-2855 — Arizona Code / Title 36 / Chapter 28.2 / Section 2855
36-2855 Marijuana facility agents; registration; card; rules
Status: in_force

36-2855. Marijuana facility agents; registration; card; rules

(Caution:  1998 Prop. 105 applies)

A. A marijuana facility agent shall be registered with the department before working at a marijuana establishment or marijuana testing facility.

B. A person who wishes to be registered as a marijuana facility agent or renew the person's registration as a marijuana facility agent shall:

1. Submit a completed application on a form prescribed by the department and pay a nonrefundable fee that is reasonable and related to the actual cost of processing applications submitted pursuant to this section.

2. Submit evidence that the applicant holds a current level I fingerprint clearance card issued pursuant to section 41-1758.07, or submit a full set of the applicant's fingerprints for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544.  The department of public safety may exchange this fingerprint data with the federal bureau of investigation without disclosing that the records check is related to this chapter and acts allowed by this chapter.  The department of public safety shall destroy each set of fingerprints after the criminal records check is completed.

C. If the department determines that an applicant meets the criteria for registration under this chapter and rules pursuant to this chapter, the department shall issue the applicant a marijuana facility agent card that is valid for two years.

D. A registered marijuana facility agent may be employed by or associated with any marijuana establishment or marijuana testing facility. A marijuana establishment or marijuana testing facility shall promptly notify the department when it employs or becomes associated with a new marijuana facility agent.  A marijuana facility agent shall promptly notify the department when the marijuana facility agent is employed by or becomes associated with a marijuana establishment or marijuana testing facility and when the marijuana facility agent is no longer employed by or associated with a marijuana establishment or marijuana testing facility.

E. A nonprofit medical marijuana dispensary agent of a dual licensee who has applied to be registered as a marijuana facility agent may serve as a marijuana facility agent of that dual licensee until the department has approved or rejected the agent's application.

F. The department shall adopt rules to implement this section.
A.R.S. § 36-766 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766
36-766 Definitions
Status: in_force

36-766. Definitions

In this article, unless the context otherwise requires:

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

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

3. "Doula" means a trained nonmedical professional who may provide continuous physical, emotional and informational support to families before, during and after childbirth for a period of one year after birth or in the case of loss and who may serve as a liaison between the birth parents and medical and social services staff to improve the quality of medical, social and behavioral outcomes.

4. "Practice as a state-certified doula" means a state-certified doula who provides services in accordance with the core competencies specified by this article and the rules adopted pursuant to this article.

5. "State-certified doula" means a doula to whom the department has issued a certificate to practice as a state-certified doula in this state.
A.R.S. § 36-2816 — Arizona Code / Title 36 / Chapter 28.1 / Section 2816
36-2816 Violations; classification; civil penalties
Status: in_force

36-2816. Violations; classification; civil penalties

(Caution:  1998 Prop. 105 applies)

A. A registered qualifying patient may not directly, or through the patient's designated caregiver, obtain more than two and one-half ounces of marijuana from registered nonprofit medical marijuana dispensaries in any fourteen-day period.

B. A registered nonprofit medical marijuana dispensary or agent may not dispense, deliver or otherwise transfer marijuana to a person other than:

1. Another registered nonprofit medical marijuana dispensary.

2. A registered qualifying patient.

3. A registered qualifying patient's registered designated caregiver.

4. A certified independent third-party laboratory or a registered independent third-party laboratory agent for purposes prescribed in sections 36-2803 and 36-2806 and department rule.

C. A registered nonprofit medical marijuana dispensary may not acquire usable marijuana or mature marijuana plants from any person other than another registered nonprofit medical marijuana dispensary, a registered qualifying patient or a registered designated caregiver. A knowing violation of this subsection is a class 2 felony.

D. It is a class 1 misdemeanor for any person, including an employee or official of the department or another state agency or local government, to breach the confidentiality of information obtained pursuant to this chapter.

E. Making false statements to a law enforcement official about any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution is subject to a civil penalty of not more than $500, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this chapter.

F. Subject to title 41, chapter 6, article 10, the director may deny, suspend or revoke, in whole or in part, any registration issued under this chapter if the registered party or an officer, agent or employee of the registered party is not in substantial compliance with the provisions of this chapter or any rule adopted pursuant to this chapter or if the  nature or number of violations revealed by any type of inspection or investigation constitutes a threat, or direct risk, to the life, health or safety of a qualifying patient or the public.

G. In addition to any other penalties authorized by this chapter, the director may assess a civil penalty for violations of this chapter or any rule adopted pursuant to this chapter in an amount not to exceed  $2,000 for each violation. Each day a violation occurs constitutes a separate violation.

H. The director shall issue a notice of assessment that includes the proposed amount of the assessment. In determining the amount of a civil penalty assessed against a person under subsection G of this section, the department shall consider all of the following:

1. Repeated violations of this chapter or the rules adopted pursuant to this chapter.

2. Patterns of noncompliance.

3. The types of violations.

4. The severity of the violations.

5. The potential for and occurrences of actual harm.

6. Threats to health and safety.

7. The number of violations.

8. The number of persons affected by the violations.

9. The length of time the violations have been occurring.
A.R.S. § 36-543 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 543
36-543 Annual review of a patient with a grave disability or a persistent or acute disability; notice; court order for continued treatment; rules; immunity
Status: in_force

36-543. Annual review of a patient with a grave disability or a persistent or acute disability; notice; court order for continued treatment; rules; immunity

A. Within ninety days before the expiration of a court order for treatment, the medical director of the mental health treatment agency shall conduct an annual review of a patient who has been found to have a grave disability or a persistent or acute disability and who is undergoing court-ordered treatment to determine whether the continuation of court-ordered treatment is appropriate and to assess the needs of the patient for guardianship or conservatorship, or both. The annual review shall consist of the mental health treatment and clinical records contained in the patient's treatment file.  The mental health treatment agency shall keep a record of the annual review. If the medical director believes that a continuation of court-ordered treatment is appropriate, the medical director of the mental health treatment agency shall appoint one or more psychiatrists to carry out a psychiatric examination of the patient. In any proceeding conducted pursuant to this section, a patient has the right to have an analysis of the patient's mental condition by an independent evaluation pursuant to section 36-538.

B. Each examiner participating in the psychiatric examination of the patient shall submit a report to the medical director of the mental health treatment agency that includes the following:

1. The examiner's opinions as to whether the patient continues to have a grave disability or a persistent or acute disability as the result of a mental disorder and be in need of continued court-ordered treatment. In evaluating the patient's need for continued court-ordered treatment, the examiner must consider, along with all other evidence, the patient's history before and during the current period of court-ordered treatment, the patient's compliance with recommended treatment and any other evidence relevant to the patient's ability and willingness to follow recommended treatment with or without a court order.

2. A statement as to whether suitable alternatives to court-ordered treatment are available.

3. A statement as to whether voluntary treatment would be appropriate.

4. A review of the patient's status as to guardianship or conservatorship, or both, the adequacy of existing protections of the patient and the continued need for guardianship or conservatorship, or both. If the examiner concludes that the patient's needs in these areas are not being adequately met, the examiner's report shall recommend that the court order an investigation into the patient's needs.

5. If the patient has an existing guardian who does not have the mental health powers authorized pursuant to section 14-5312.01, a recommendation as to whether the additional mental health powers authorized by section 14-5312.01 should be imposed on the existing guardian and whether the patient's needs can be adequately addressed by a guardian with mental health powers without the need for a court order for treatment or whether the court order for treatment should continue regardless of the additional mental health powers imposed on the guardian.

6. The results of any physical examination conducted during the period of court-ordered treatment if relevant to the psychiatric condition of the patient.

C. After conducting the annual review as prescribed in this section, if the medical director believes that continued court-ordered treatment is necessary or appropriate, not later than thirty days before the expiration of the court order for treatment, the medical director shall file with the court an application for continued court-ordered treatment alleging the basis for the application and shall file simultaneously with the application any psychiatric examination conducted as part of the annual review. If the patient is under guardianship, the medical director shall mail a copy of the application to the patient's guardian.

D. If an application for continued court-ordered treatment is filed, all of the following apply:

1. If the patient does not have an attorney, the court shall appoint an attorney to represent the patient.

2. Within ten days after appointment, an attorney appointed pursuant to this subsection, to the extent possible, shall fulfill the duties imposed pursuant to section 36-537, review the medical director's report and the patient's medical records, interview any physician who prepared a report on the annual review and file a response requesting a hearing or submitting the matter to the court for a ruling based on the record without a hearing.

3. If a hearing is not requested, the court shall rule on the application or set the matter for hearing.  If a hearing is requested, the hearing shall be held within three weeks after the request for hearing is filed.  The hearing may be continued for good cause on motion of a party or on the court's own motion, and the expiration of the current court order for treatment may be extended until a ruling by the court on an application filed pursuant to this subsection.

4. The patient's attorney must be present at all hearings and may subpoena and cross-examine witnesses and present evidence.  The patient has the right to attend all hearings, but may choose not to attend a hearing.  The patient's attorney may waive the patient's presence after speaking with the patient and confirming that the patient understands the right to be present and does not desire to attend. If the patient is unable to be present at the hearing for medical or psychiatric reasons and the hearing cannot be conducted where the patient is being treated or confined, or the patient cannot appear by another reasonably feasible means, the court shall require clear and convincing evidence that the patient is unable to be present at the hearing and on such a finding may proceed with the hearing in the patient's absence.

5. The evidence presented by the applicant includes the testimony of one or more witnesses acquainted with the patient during the period of court-ordered treatment, which may be satisfied by a statement agreed on by the parties, and the testimony of any physician who performed an annual review of the patient, which may be satisfied by stipulating to the admission of the examining physicians' written report prepared pursuant to subsection B of this section.  The court may waive the need for the applicant to present the testimony of witnesses acquainted with the patient as required by this subsection, if it finds that the need for a continued court order for treatment has been established by clear and convincing evidence from the other testimony and evidence presented at the hearing.

6. At a hearing held pursuant to this subsection, the court, with notice, may impose on an existing guardian additional powers pursuant to section 14-5312.01. If the court finds that the patient's needs can be adequately met by an existing guardian with the additional powers pursuant to section 14-5312.01 and that a court order for treatment is not necessary to ensure compliance with necessary treatment, the court may terminate the court order for treatment or decline to issue an order continuing court-ordered treatment. The court may also order an investigation into the need for guardianship or conservatorship, or both, and may appoint a suitable person or agency to conduct the investigation. The appointee may include a court-appointed guardian ad litem, a court-appointed investigator 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 conservator, or both, and the findings and reasons for the recommendation.  If the investigation and report so indicate, the court may authorize an appropriate person to file a petition for appointment of a guardian or conservator for the patient.

E. If a hearing is held pursuant to subsection D of this section, the party seeking the renewal of the court order must prove all of the following by clear and convincing evidence:

1. The patient continues to have a mental disorder and, as a result of that disorder, has either a persistent or acute disability or a grave disability.

2. The patient is in need of continued court-ordered treatment.

3. The patient is either unwilling or unable to accept treatment voluntarily.

F. After a hearing held pursuant to subsection D of this section, the court may order the patient to be released from court-ordered treatment or to undergo continued court-ordered treatment for a period not to exceed the time periods prescribed in section 36-540, subsection D.

G. The director shall create and operate a program to ensure that the examination and review of persons with grave disabilities or persistent or acute disabilities under court order are carried out in an effective and timely manner. The director shall adopt rules needed to operate this program.

H. The medical director of the mental health treatment agency is not civilly liable for any acts committed by the released patient if the medical director has in good faith complied with the requirements of this article.
A.R.S. § 36-3907 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3907
36-3907 Toilets and disposal systems
Status: in_force

36-3907. Toilets and disposal systems

Every camp shall be provided with privies or with suitable toilets and with disposal systems meeting minimum health requirements of the department of environmental quality. One toilet or one privy shall be provided for every fifteen persons or fraction thereof in the camp population. Privies shall be located at least one hundred twenty-five feet from any source of domestic water and shall at all times be maintained in good repair and in a clean and sanitary condition.
A.R.S. § 36-2863 — Arizona Code / Title 36 / Chapter 28.2 / Section 2863
36-2863 Justice reinvestment fund; exemption; distribution; definition
Status: in_force

36-2863. Justice reinvestment fund; exemption; distribution; definition

(Caution:  1998 Prop. 105 applies)

A. The justice reinvestment fund is established consisting of all monies deposited pursuant to section 36-2856 and interest earned on those monies.  Monies in the fund are continuously appropriated.  Monies in the fund and its accounts may not be transferred to any other fund except as provided in this section, do not revert to the state general fund, and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations. The state treasurer shall administer the fund.

B. All monies in the justice reinvestment fund must first be spent, and the state treasurer shall transfer monies from the fund, to pay:

1. The reasonable costs incurred by the state treasurer to administer the fund.

2. The reasonable administrative costs incurred by the department to carry out its duties pursuant to this section.

C. On or before June 30 and December 31 of each year, the state treasurer shall transfer all monies in the justice reinvestment fund in excess of the amounts paid pursuant to subsection B of this section as follows:

1. Thirty-five percent to county public health departments, in proportion to the population of each county according to the most recent United States decennial census, for the purpose of providing justice reinvestment programs or distributing grants to qualified nonprofit organizations to provide justice reinvestment programs in that county.

2. Thirty-five percent to the department for the purpose of distributing grants to qualified nonprofit organizations that provide justice reinvestment programs in this state.

3. Thirty percent to the department for the purpose of addressing important public health issues that affect this state.

D. Grants made pursuant to this section are exempt from title 41, chapter 23, and each grantee shall provide the granting agency with an annual report detailing the use of granted monies.

E. Monies transferred and received pursuant to subsection C of this section are not considered local revenues for the purposes of article IX, section 20, Constitution of Arizona.

F. The state treasurer may prescribe forms necessary to make transfers pursuant to subsection B of this section.

G. For the purposes of this section, "justice reinvestment programs" means initiatives or programs that focus on any of the following:

1. Public and behavioral health, including evidence-based and evidence-informed substance use prevention and treatment and substance use early intervention services.

2. Restorative justice, jail diversion, workforce development, industry-specific technical assistance or mentoring services for economically disadvantaged persons in communities disproportionately impacted by high rates of arrest and incarceration.

3. Addressing the underlying causes of crime, reducing drug-related arrests and reducing the prison population in this state.

4. Creating or developing technology and programs to assist with the restoration of civil rights and the expungement of criminal records.
A.R.S. § 36-2233 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2233
36-2233 Certificate of necessity to operate an ambulance service; notification of interested parties; exceptions; service areas
Status: in_force

36-2233. Certificate of necessity to operate an ambulance service; notification of interested parties; exceptions; service areas

A. Any person wishing to operate an ambulance service in this state shall apply to the department on a form prescribed by the director for a certificate of necessity.

B. Within one hundred eighty days after receiving an application for a certificate of necessity as prescribed in this section, the director shall make a determination based on whether necessity for the ambulance service is found to exist and the applicant meets the requirements of subsection F of this section. If the director requests additional information from the applicant after initial review, the applicant shall have thirty business days to respond. On request, the director may give the applicant one additional period of thirty business days to respond.  If the applicant fails to respond to the director's request for additional information, the department shall deem the initial or amended application withdrawn. An application deemed withdrawn is not an appealable agency action pursuant to title 41, chapter 6, article 10. The applicant may appeal a denial only pursuant to section 36-2234. The one hundred eighty-day period for the director to make the determination of necessity does not include the time the applicant uses to respond to requests for additional information.

C. On receipt of an initial or amended application for a certificate of necessity, the department shall post a notice of the application on its website.  Within thirty days after the department posts a notice pursuant to this subsection, any interested party may provide information to the director on a form in a department-approved format for consideration. If an interested party fails to respond to the notice within sixty days in a department-approved format, the information may not be considered during the review of the application.

D. For the purposes of this section, a city, town, fire district, fire authority or tribal government whose jurisdictional boundaries in whole or in part are within the service area of a certificate of necessity, an existing certificate of necessity holder within the service area of the certificate of necessity or a hospital that is licensed pursuant to chapter 4 of this title and that is located within the service area of a certificate of necessity is considered to be an interested party as a matter of law.

E. All interested parties shall be notified of any application for an initial or amended certificate of necessity within fifteen days after the application is filed, within fifteen days after the application is complete and within fifteen days after a decision by the director. The director's decision pursuant to subsection F of this section is final unless appealed pursuant to section 36-2234, subsection A.

F. The director shall issue a certificate of necessity if all of the following apply:

1. The director finds that public necessity requires the service or any part of the service proposed by the applicant.

2. The director finds that the applicant is fit and proper to provide the service.

3. The applicant has paid the appropriate fees pursuant to section 36-2240.

4. The applicant has filed a surety bond pursuant to section 36-2237.

G. A certificate of necessity issued pursuant to subsection F of this section shall be for all or part of the service proposed by the applicant as determined necessary by the director for public convenience and necessity.

H. This section does not require a certificate of necessity for:

1. Vehicles and persons that are exempt from a certificate of registration pursuant to section 36-2217.

2. Ambulance services operating under temporary authority pursuant to section 36-2242.

I. The director may grant a service area by one or any combination of the following descriptions:

1. Metes and bounds.

2. A city, town or political subdivision not limited to a specific date.  The merger or consolidation of two or more fire districts pursuant to section 48-820 or 48-822 does not expand the service area boundaries of an existing certificate of necessity.

3. A city, town or political subdivision as of a specific date that does not include annexation.
A.R.S. § 36-591 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 591
36-591 Group homes; behavioral-supported group homes; licensing; notification requirements; exception; annual inspection
Status: in_force

36-591. Group homes; behavioral-supported group homes; licensing; notification requirements; exception; annual inspection

A. Group homes and behavioral-supported group homes, except for those described in subsection D of this section, shall be licensed for health and safety by the department of health services pursuant to section 36-132.

B. The division shall notify the department of health services of:

1. Service providers that enter into contracts with the division for group homes, behavioral-supported group homes or intermediate care facilities for individuals with intellectual disabilities.

2. Any violation of health and safety standards observed during monitoring visits.

C. The department of health services shall immediately notify the division:

1. When the license of a group home, behavioral-supported group home, nursing-supported group home or intermediate care facility for individuals with intellectual disabilities has been denied, suspended or revoked.

2. Of any other licensing action taken on a group home, behavioral-supported group home, nursing-supported group home or intermediate care facility for individuals with intellectual disabilities by the department of health services.

3. Of substantiated complaints regarding health and safety.

D. The division shall ensure that state-operated residential settings that are owned or leased facilities operated by the division meet the same standards as group homes unless they are required to be:

1. Licensed and certified as intermediate care facilities for individuals with intellectual disabilities pursuant to 42 Code of Federal Regulations part 483, subpart I. An intermediate care facility for individuals with intellectual disabilities that is operated by the division or a private entity is required to be licensed pursuant to chapter 4 of this title and certified pursuant to 42 Code of Federal Regulations part 483, subpart I.

2. Licensed as a nursing-supported group home as required by chapter 4 of this title.

E. The department shall take any action it deems necessary to carry out the duties imposed by this section, including denying the application for licensure and suspending or revoking the group home's or behavioral-supported group home's license.
A.R.S. § 36-570 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 570
36-570 Arizona training program; annual update; notification to and plan development for affected individuals
Status: in_force

36-570. Arizona training program; annual update; notification to and plan development for affected individuals

A. Beginning on or before November 1, 2016, the department shall submit an annual update for review by the joint legislative budget committee on the department's plans for the Arizona training program and associated group homes. The update shall include a potential timetable for the closure of any facilities, a timeline for the completion of the transition of the residents in those facilities to new residential settings and the estimated fiscal impact. The estimated fiscal impact shall include an estimate of costs necessary to maintain existing service levels for transitioning individuals, to build capacity in the community to support transitioning individuals, to provide enhanced and independent monitoring and oversight of each new placement and to provide protection and advocacy services and medical and behavioral health care support for transitioning individuals.

B. Before the department submits its initial update, the department shall send to each affected individual and the individual's legal guardian a written notice of the department's intention to develop a person-centered service plan for each affected individual to identify potential residential setting and in-home service options that are based on the individual's needs and personal choices. The department shall conduct meetings with all affected individuals and their legal guardians regarding the transition process and shall provide each individual and guardian with a list of potential residential settings and in-home service options.  Final decisions regarding residential settings and services shall be based on person-centered plans, individual assessed needs and individual preferences.
A.R.S. § 36-2976 — Arizona Code / Title 36 / Chapter 29 / Article 3 / Section 2976
36-2976 Qualifying individuals
Status: in_force

36-2976. Qualifying individuals

A. The administration shall determine the eligibility of all persons who are determined to be qualifying individuals pursuant to section 36-2971, paragraphs 12 and 13.

B. The administration shall pay the medicare part B monthly premiums on behalf of each qualifying individual 1 and shall pay the medicare part B monthly amount that is attributable to home health coverage for each qualifying individual 2.
A.R.S. § 36-1323 — Arizona Code / Title 36 / Chapter 11.2 / Article 1 / Section 1323
36-1323 Civil action; damages; injunctive relief; attorney fees
Status: in_force

36-1323. Civil action; damages; injunctive relief; attorney fees

A. A health care entity may bring a civil action in superior court for a violation of section 36-1322.

B. An additional burden or expense on another health care entity arising from the exercise of rights pursuant to section 36-1322 is not a defense in any civil action under this section.

C. If the superior court finds that discrimination in violation of section 36-1322 occurred, the court may award any of the following:

1. Actual and compensatory damages, including damages for emotional distress.

2. Court costs and attorney fees.

3. Preventive relief, including a permanent or temporary injunction, a restraining order or any other order against the person responsible for a violation of section 36-1322.
A.R.S. § 36-103 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 103
36-103 Department organization; deputy director; assistant directors
Status: in_force

36-103. Department organization; deputy director; assistant directors

A. The director may establish, abolish or reorganize the positions or organizational units within the department to carry out the functions provided by this section and section 36-104, subject to legislative appropriation, if in his judgment such modification of organization would make the operation of the department more efficient, effective or economical. The director or his deputy shall enforce cooperation among the divisions in the provision and integration of all functions.

B. There shall be a deputy director of the department who is appointed by the director with the approval of the governor. The deputy director shall be subject to title 41, chapter 4, article 4, shall serve at the pleasure of the director and shall receive compensation as determined pursuant to section 38-611. The deputy director shall assist the director in administering the department and its services.

C. The director may appoint an assistant director to each organizational unit that the director establishes. Each such assistant director shall be subject to title 41, chapter 4, article 4, shall serve at the pleasure of the director and shall receive compensation as determined pursuant to section 38-611.
A.R.S. § 36-3302 — Arizona Code / Title 36 / Chapter 33 / Article 1 / Section 3302
36-3302 Waiver proposal; legislative approval required; notification
Status: in_force

36-3302. Waiver proposal; legislative approval required; notification

A. The administration may not submit to the centers for medicare and medicaid services, or the successor agency, a new amendment proposal for a demonstration waiver under section 1115 of the social security act, or include any new proposed provision in a section 1115 waiver extension, unless the proposed amendment or provision has been authorized by the legislature in the form of a statute, if the waiver does any of the following:

1. Expands eligibility for title XIX or title XXI coverage to populations not authorized by chapter 29 of this title as of January 1, 2025.

2. Adds new categories of covered services or benefits not authorized by chapter 29 of this title as of January 1, 2025.

3. Will, as a result of the changes being proposed, lead to an annual increase in utilization greater than ten percent for specific services affected by the proposed amendment or provision above what the utilization would have been without the proposed amendment or provision.

B. Before submitting a new amendment proposal for a demonstration waiver under section 1115 of the social security act or including a new proposed provision in a waiver extension, the administration shall determine whether the proposed changes are subject to subsection A of this section.  Any proposed changes that are subject to subsection A of this section shall be reviewed by the health and human services committees of reference, or their successor committees of reference, and the committees of reference shall forward their recommendation to the senate and house of representatives on whether to approve the proposed changes.

C. If the administration determines the proposed changes are not subject to subsection A of this section, the administration shall monitor changes in annual utilization specific to the services impacted by the new waiver changes for three years after the implementation of the changes to determine whether the changes led to an annual increase in utilization greater than ten percent for the specific services affected by the waiver change above what the utilization would have been without the waiver change.

D. If the monitoring required by subsection C of this section demonstrates that the changes led to an annual increase in utilization greater than ten percent for the specific services affected by the waiver change above what the utilization would have been without the waiver change, the administration shall notify the president of the senate, the speaker of the house of representatives and the chairperson of the joint legislative budget committee and, if the legislature has not enacted a statute authorizing the specific waiver change that led to the increased utilization within one year after the administration's notification pursuant to this subsection, the administration shall submit a request to the centers for medicare and medicaid services, or the successor agency, to terminate the new waiver changes that were not authorized by the legislature.

E. The administration shall notify the joint legislative budget committee in writing of any section 1115 waiver application or amendment submitted, regardless of whether legislative approval is required pursuant to subsection A of this section, at the time the application or amendment is posted for public comment.
A.R.S. § 36-4003 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4003
36-4003 Disposition
Status: in_force

36-4003. Disposition

After a hearing pursuant to section 36-4002 or 36-4004, if the court finds that:

1. The committed defendant has been restored to competency, the court shall order the criminal proceedings to resume.

2. The committed defendant has not been restored to competency and:

(a) The committed defendant is not dangerous, the court shall release the committed defendant from treatment and proceed pursuant to section 13-4517, paragraph 1, 2 or 3.

(b) The committed defendant is not dangerous in whole or in part because of the habilitation or treatment that the patient is receiving, including taking medication, the court may release the committed defendant to a less restrictive alternative pursuant to sections 36-4005 and 36-4006.

(c) The committed defendant is dangerous, the committed defendant, subject to section 13-4521, subsection H, shall remain committed for education, care, supervision and treatment to render the committed defendant competent or nondangerous.
A.R.S. § 36-3905 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3905
36-3905 Layout
Status: in_force

36-3905. Layout

The general layout of a children's camp shall be planned to lessen fire, accident and disease hazards.
A.R.S. § 36-971 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 971
36-971 Definitions
Status: in_force

36-971. Definitions

In this article, unless the context otherwise requires:

1. "Bulk food" means unpackaged and unwrapped food in aggregate containers from which quantities are withdrawn by the consumer, excluding fresh fruits, fresh vegetables, nuts in the shell, rice, beans, food in salad bars and potentially hazardous food.

2. "Potentially hazardous food" means food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms except clean, whole, uncracked, odor free shell eggs or food that has a pH level of 4.6 or below or a water activity value of 0.85 or less measured at twenty-five degrees centigrade.

3. "Product module" means a multi-use or single service food contact container designed for customer self-service of bulk food by either direct or indirect means.
A.R.S. § 36-449.02 — Arizona Code / Title 36 / Chapter 4 / Article 10 / Section 449.02
36-449.02 Abortion clinics; licensure requirements; rules; inspections; standing to intervene; legal counsel
Status: in_force

36-449.02. Abortion clinics; licensure requirements; rules; inspections; standing to intervene; legal counsel

A. Beginning on April 1, 2000, an abortion clinic shall meet the same licensure requirements as prescribed in article 2 of this chapter for health care institutions. At the time of licensure, an abortion clinic shall submit to the director all documentation required by this article, including verification that the clinic's physicians who are required to be available have admitting privileges at a health care institution as required by section 36-449.03, subsection C, paragraph 3.

B. On or before the anniversary of the issue date of an abortion clinic's license, the abortion clinic shall submit to the director all documentation required by this article.

C. Beginning on April 1, 2000, abortion clinics shall comply with department requirements for abortion clinics and department rules that govern abortion clinics.

D. If the director determines that there is reasonable cause to believe an abortion clinic is not adhering to the licensing requirements of this article or any other law or rule concerning abortion, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of the abortion clinic that is licensed or required to be licensed pursuant to this article during regular business hours of the abortion clinic to determine compliance with this article, rules adopted pursuant to this article, local fire ordinances or rules and any other law or rule relating to abortion.

E. An application for licensure pursuant to this article constitutes permission for, and complete acquiescence in, an entry or inspection of the premises during the pendency of the application and, if licensed, while the abortion clinic is licensed.

F. If an inspection conducted pursuant to this section reveals that an abortion clinic is not adhering to the licensing requirements prescribed pursuant to this article or any other law or rule concerning abortion, the director may take action authorized by this article.

G. An abortion clinic whose license has been suspended or revoked pursuant to this article or section 36-424 is subject to inspection on application for relicensure or reinstatement of the license.

H. In any proceeding in which the constitutionality, legality or application of this section is challenged, the attorney general or any county or city attorney who wishes to defend the law has the right to intervene as a party and is deemed to have proper standing in the matter.  The only objection that may be raised to a motion to intervene as of right pursuant to this subsection is that the proposed intervenor does not have a good faith intention to defend the law. Any party or proposed intervenor may raise this objection. Notwithstanding section 41-192, the department may employ legal counsel and make an expenditure or incur an indebtedness for legal services for the purposes of defending this section.
A.R.S. § 36-448.53 — Arizona Code / Title 36 / Chapter 4 / Article 9 / Section 448.53
36-448.53 Recovery care centers; administration; bylaws; administrator; duties; notification
Status: in_force

36-448.53. Recovery care centers; administration; bylaws; administrator; duties; notification

A. The governing authority of a recovery care center shall adopt bylaws that identify the purposes and basic governance of the recovery care center. The governing authority shall appoint an administrator for the management of the recovery care center. The administrator is directly responsible to the governing authority for the management and operation of the recovery care center and shall act as a liaison between the governing authority and the medical staff.

B. The administrator shall maintain written policies regarding organization, administrative authority and responsibility in order to provide the recovery care center with administrative direction.

C. The governing authority of the recovery care center shall notify the department of any change in ownership or administrator at least thirty days before the effective date of the change. However, unanticipated changes may be reported immediately after they occur.
A.R.S. § 36-1406 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1406
36-1406 Interest of municipal officer in project or property prohibited
Status: in_force

36-1406. Interest of municipal officer in project or property prohibited

A. An officer of a public housing authority, city, town or county shall not acquire any direct or indirect interest in a housing project or in property included or planned to be included in a housing project of the public housing authority, city, town or county or have any direct or indirect interest in any contract or proposed contract for materials or services to be furnished or used in connection with a housing project.

B. If an officer of a public housing authority, city, town or county owns or controls an interest directly or indirectly in property included or planned to be included in a housing project, the officer shall immediately disclose that interest in writing to the governing body of the public housing authority, city, town or county, and the disclosure shall be entered upon the minutes of the governing body. Failure to disclose the interest is misconduct in office. After making this disclosure, the officer shall not participate in any action by the city, town or county affecting the property.
A.R.S. § 36-2551 — Arizona Code / Title 36 / Chapter 27 / Article 6 / Section 2551
36-2551 Pending proceedings
Status: in_force

36-2551. Pending proceedings

All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws and rules in effect prior to the effective date of this chapter.
A.R.S. § 36-1482 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1482
36-1482 Power of municipality to provide additional security for bonds
Status: in_force

36-1482. Power of municipality to provide additional security for bonds

A. In connection with the issuance of bonds pursuant to section 36-1481, or the incurring of obligations under leases, and in order to secure the payment of such bonds or obligations, a municipality, in addition to its other powers, may:

1. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which shall consent thereto and the manner in which such consent may be given.

2. Vest in any obligees the right to enforce the payment of such bonds or any covenants securing or relating to the bonds.

3. Vest in any obligee or obligees holding a specified amount in such bonds the right, in the event of a default, to take possession of and use, operate and manage any redevelopment project or any part thereof, title to which is in the municipality, or any funds connected therewith, and to collect the rents and revenues arising therefrom and to dispose of such monies in accordance with the agreement of the municipality with such obligees.

4. Provide for the powers and duties of such obligees and limit the liabilities thereof.

5. Provide the terms and conditions upon which such obligees may enforce any covenant or rights securing or relating to the bonds.

6. Exercise all or any part or combination of the powers granted by this subsection.

7. Make such covenants and do any and all such acts and things necessary, convenient or desirable in order to secure its bonds, or, in the absolute discretion of the municipality, as will tend to make the bonds more marketable even if such covenants, acts or things are not enumerated in this section.

B. A municipality may by its resolution, trust indenture, mortgage, lease or other contract confer upon any obligee holding or representing a specified amount in bonds issued pursuant to section 36-1481, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by an action or proceeding in any court of competent jurisdiction:

1. To require the municipality and the officials, agents and employees thereof to account as if it and they were the trustees of an express trust, and

2. To obtain the appointment of a receiver of any redevelopment project of the municipality or any part thereof, title to which is in the municipality, and of the rents and profits therefrom.

C. If such receiver is appointed, he may enter and take possession of, carry out, operate and maintain the project or any part thereof and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such monies in a separate account or accounts and apply them in accordance with the obligations of the municipality as the court directs.
A.R.S. § 36-626 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 626
36-626 Disinfection or destruction of contaminated bedding and other articles
Status: in_force

36-626. Disinfection or destruction of contaminated bedding and other articles

A. A local board or health department may cause the destruction of beds, bedding, clothing, carpets or other articles which have been exposed to contamination from infectious or contagious disease, and allow reasonable compensation for destroyed articles.

B. A local board or health department may provide a place with necessary apparatus and attendants for disinfection of contaminated articles and cause them to be disinfected, and may provide transportation for the conveyance of such articles or persons afflicted with contagious or infectious disease.
A.R.S. § 36-766.03 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.03
36-766.03 Applicant requirements; education and training; alternate certification
Status: in_force

36-766.03. Applicant requirements; education and training; alternate certification

A. An applicant for certification under this article shall do all of the following:

1. Provide one of the following:

(a) Documentation of completing at least thirty hours of in-person instruction or a combination of in-person and online instruction in core competency topics that may include the following:

(i) Entrepreneurship.

(ii) Standards of practice and ethics.

(iii) The childbirth process.

(iv) Parental engagement.

(v) Postpartum care.

(vi) Grief.

(vii) Trauma-informed care.

(viii) Cultural doula practices.

(ix) Anatomy and physiology.

(b) For doulas who are from a community trained in non-western doula practices as determined by the director, documentation confirming that core competencies have been met through culturally specific training or education that is subject to review by the director.

(c) Other related individualized or experiential training or education that is subject to review by the director.

2. Provide department-approved written documentation of both of the following:

(a) Observing at least one birth after training is completed.

(b) Attending at least three births while serving as the primary doula support person and receiving a department-approved and acceptable evaluation from the laboring mother and from the medical provider who assisted the laboring mother.

3. Complete instruction on first aid and cardiopulmonary resuscitation.

4. Submit a code of ethics agreement as prescribed by the director.

B. An individual who does not qualify for state certification under this article but who has been practicing as a doula in this state for at least five years before September 29, 2021 may apply to the department for certification if the individual submits all of the following:

1. Proof of current certification from a nationally recognized doula organization in lieu of proof of the minimum qualifications prescribed in this article and rules adopted pursuant to this article.

2. Three letters of recommendation from health care professionals who have worked with the applicant within the preceding two years and can attest to the applicant's competency in providing doula services.
A.R.S. § 36-1405 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1405
36-1405 Removal of commissioner
Status: in_force

36-1405. Removal of commissioner

A. A commissioner may be removed by the mayor or board of supervisors for inefficiency, neglect of duty or misconduct in office. The commissioner shall be removed only after he has been given a copy of the charges at least ten days prior to the hearing and has had an opportunity to be heard in person or by counsel.

B. If a commissioner is removed, a record of the proceedings together with the charges and findings shall be filed in the office of the clerk of that city, town or county.

C. This section does not apply to a commissioner who automatically holds office by virtue of being a city council member.
A.R.S. § 36-889 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 889
36-889 Licensees; applicants; residency; controlling persons; requirements
Status: in_force

36-889. Licensees; applicants; residency; controlling persons; requirements

A. Each licensee, other than a corporation, a limited liability company, an association or a partnership, shall be a citizen of the United States who is a resident of this state, or a legal resident alien who is a resident of this state. A corporation, association or limited liability company shall be a domestic entity or a foreign entity that is qualified to do business in this state.  A partnership shall have at least one partner who is a citizen of the United States and who is a resident of this state, or who is a legal resident alien and who is a resident of this state.

B. The department shall not issue or renew a license unless a list of each of the applicant's or licensee's controlling persons is on file with the department and no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or other state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

C. The applicant or licensee shall notify the department within thirty days after the election of any new officer or director or of any change in the controlling persons and shall provide the department the name and business or residential address of each controlling person and an affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

D. Each applicant or licensee shall designate an agent who is authorized to receive communications from the department, including legal service of process, and to file and sign documents for the applicant or licensee.  The designated agent shall be all of the following:

1. A controlling person.

2. A citizen of the United States or a legal resident alien.

3. A resident of this state.
A.R.S. § 36-2311 — Arizona Code / Title 36 / Chapter 23 / Article 2 / Section 2311
36-2311 Definitions
Status: in_force

36-2311. Definitions

In this article, unless the context otherwise requires:

1. "Destructive human embryonic stem cell research" means any research that involves the disaggregation of any human embryo for the purpose of creating human pluripotent stem cells or human pluripotent stem cell lines.

2. "Human-animal hybrid" means any of the following:

(a) A human embryo into which a nonhuman cell or cells, or any component part of a nonhuman cell or cells, have been introduced.

(b) A hybrid human-animal embryo produced by fertilizing a human egg with a nonhuman sperm.

(c) A hybrid human-animal embryo produced by fertilizing a nonhuman egg with human sperm.

(d) An embryo produced by introducing a nonhuman nucleus into a human egg.

(e) An embryo produced by introducing a human nucleus into a nonhuman egg.

(f) An embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form.

(g) A nonhuman life form engineered so that human gametes develop within the body of a nonhuman life form.

(h) A nonhuman life form engineered so that it contains a human brain or a brain derived wholly or predominantly from human neural tissues.

3. "Human embryo" means a living organism of the species homo sapiens through the first fifty-six days of its development, excluding any time during which its development has been suspended.

4. "In vitro" means outside the human body.

5. "Purchase or sell" includes an exchange of cash, an in-kind payment or any other valuable financial or nonfinancial consideration.  Purchase or sell does not include payment of costs related to donation of a human embryo for the purpose of implantation in the body of a woman.
A.R.S. § 36-897.03 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.03
36-897.03 Child care group homes; child care personnel; fingerprints; definition
Status: in_force

36-897.03. Child care group homes; child care personnel; fingerprints; definition

A. Child care personnel, including volunteers, shall submit the form prescribed in subsection B of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

B. Applicants, certificate holders and child care personnel shall attest on forms that are provided by the department that:

1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction.

2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have not been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

C. The provider shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness to work in a certified child care group home.

D. The director may adopt rules prescribing the exclusion from child care group homes of individuals whose presence may be detrimental to the welfare of children.

E. The forms required by subsection B of this section are confidential.

F. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41-1758.07, subsection B or subsection B, paragraph 2 or 3 of this section is prohibited from being employed in any capacity in a child care group home.

G. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41-1758.07, subsection C shall not work in a child care group home without direct visual supervision unless the person has applied for and received the required fingerprint clearance card pursuant to section 41-1758 and is registered as child care personnel.  A person who is subject to this subsection shall not be employed in any capacity in a child care group home if that person is denied the required fingerprint clearance card.

H. The employer shall notify the department of public safety if the employer receives credible evidence that any child care personnel either:

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

2. Falsified information on the form required by subsection B of this section.

I. For the purposes of this section, "child care personnel" means all employees of and persons who are eighteen years of age or older and who reside in a child care group home that is certified by the department.
A.R.S. § 36-183.06 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 183.06
36-183.06 Health inspectors; violations; notice to appear
Status: in_force

36-183.06. Health inspectors; violations; notice to appear

A. If a health inspector has reasonable cause to believe that a person is violating this article, a sanitary ordinance or regulation adopted or order issued pursuant to this article or an order issued pursuant to section 36-602, the inspector may serve a notice of violation that contains a specific time and place for the alleged violator to appear and that specifies the statute, ordinance, regulation or order violated.  The inspector may serve the notice of violation on the person in the same manner provided in section 13-3903.  The notice of violation shall specify the penalty sought pursuant to section 36-183.07.

B. If a health inspector is unable to personally serve the notice, the notice may be served in the same manner prescribed for alternative methods of service by the Arizona rules of criminal procedure, and a response is required within the time prescribed by the rule under which it is served.

C. The notice must state the time prescribed for a response.
A.R.S. § 36-1485 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1485
36-1485 Remedies of obligee
Status: in_force

36-1485. Remedies of obligee

An obligee of a municipality exercising its powers under this article may, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

1. By mandamus, or an action or proceeding at law or in equity, compel the municipality and the officials, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of the municipality with or for the benefit of the obligee, and require the carrying out of any or all such covenants and agreements of the municipality and the fulfillment of all duties imposed upon the municipality by this article.

2. By an action or proceeding in equity, enjoin any acts or things which are unlawful or in violation of any of the rights of the obligee of the municipality.
A.R.S. § 36-109 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 109
36-109 Hospitals; health care facilities; substance abuse treatment; reporting requirements
Status: in_force

36-109. Hospitals; health care facilities; substance abuse treatment; reporting requirements

A. On or before September 1, 2018 and each quarter thereafter, each hospital or health care facility in this state that provides substance abuse treatment shall submit to the department on a form prescribed by the department a report that includes at least the following information:

1. The name and address of the hospital or health care facility where the substance abuse treatment is provided.

2. The type of hospital or health care facility where the substance abuse treatment is provided.

3. The number of available substance abuse treatment beds.

4. The number of days in the quarter that the hospital or health care facility was at capacity and not able to accept referrals for substance abuse treatment.

B. The form 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.

C. A report 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.

D. The department shall request outpatient substance abuse treatment providers to report to the department on a quarterly basis regarding the provider's outpatient treatment capacity.

E. On or before December 31, 2018 and each quarter thereafter, the director shall submit a report to the governor, the president of the senate and the speaker of the house of representatives on the availability of substance abuse treatment beds, the possible capacity, including outpatient treatment capacity, and any unmet need in this state.  The director shall submit a copy of the report to the secretary of state. The report shall include all of the information specified in subsection A of this section.
A.R.S. § 36-603 — Arizona Code / Title 36 / Chapter 6 / Article 1 / Section 603
36-603 Right to enter premises for inspection or abatement
Status: in_force

36-603. Right to enter premises for inspection or abatement

When a county board of health or a local health department deems it necessary to enter a building or structure within its jurisdiction for the purpose of examining, destroying, removing or preventing a nuisance, source of filth or cause of sickness and is refused entrance, any member of the board or officer of the department may make a complaint under oath to a justice of the peace. The justice of the peace shall issue a warrant directing the sheriff or other peace officer accompanied by and under the direction of at least one member of the board or department to destroy, remove or prevent, between the hours of sunrise and sunset, such nuisance, source of filth or cause of sickness.
A.R.S. § 36-897.09 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.09
36-897.09 Operating without a certificate; notice; hearing; violation; classification
Status: in_force

36-897.09. Operating without a certificate; notice; hearing; violation; classification

A. If the department has reasonable cause to believe that a person is operating a child care group home without a certificate, it shall notify that person to cease operation within ten days of receiving the notice. The department shall give notice either by certified mail or by personal service. The notice shall state that the person may make a written request for a hearing before the director or the director's designee pursuant to title 41, chapter 6, article 10.

B. If a person fails to cease operation, the department may request that the county attorney of the county in which the home is located enforce this article. The department may also notify the attorney general who shall immediately seek a restraining order and an injunction against the home.

C. A person who continues to operate a child care group home without certification ten days after receiving notice pursuant to this section is guilty of a class 1 misdemeanor.
A.R.S. § 36-2157 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2157
36-2157 Affidavit
Status: in_force

36-2157. Affidavit

A person shall not knowingly perform or induce an abortion before that person completes an affidavit that:

1. States that the person making the affidavit is not aborting the child because of the child's sex or race or because of a genetic abnormality of the child and has no knowledge that the child to be aborted is being aborted because of the child's sex or race or because of a genetic abnormality of the child.

2. Is signed by the person performing or inducing the abortion.
A.R.S. § 36-151 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 151
36-151 Definitions
Status: in_force

36-151. Definitions

In this article, unless the context otherwise requires:

1. "County department" means a county department of health.

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

3. "Home health services" means the items and services enumerated in this paragraph and furnished to a person who is under the care of a physician and surgeon, not including the services of a physician and surgeon. Such items and services may be furnished by a home health agency or by others under arrangements made by such agency, under a plan established and periodically reviewed by such physician and surgeon. Such items and services, except as provided in subdivision (b) of this paragraph, shall be furnished on a visiting basis in a place of residence used as such person's home and shall consist of:

(a) Part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse and either physical, occupational or speech therapy, or, to the extent permitted in department regulations, part-time or intermittent services of a home health aide, and such items and services may further consist of any or all of the following:

(i) Medical social services under the direct supervision of a physician and surgeon.

(ii) Medical supplies, other than drugs and biologicals, and the use of medical appliances, while under such a plan.

(iii) In the case of a home health agency which is affiliated or under common control with a hospital, medical services provided by an intern or resident-in-training of such hospital, under a teaching program of such hospital approved as provided in paragraph 4 of this section.

(b) Any of the items and services enumerated in subdivision (a) of this paragraph, which are provided on an outpatient basis, under arrangements made by the home health agency, at a hospital or extended care facility, or at a rehabilitation center which meets such standards as may be prescribed in regulations, and under one of the following conditions:

(i) The furnishing of such items and services involves the use of equipment of such a nature that the items and services cannot readily be made available to such person in such place of residence.

(ii) Such items and services are furnished at such facility while he is there to receive any such item or service described in item (i) of this subdivision, but not including transportation of such person in connection with any such item or service. Any item or service, if it would not be included under paragraph 4 of this section if furnished to an inpatient of a hospital, shall be excluded.

4. "Inpatient hospital services" means the following items and services, furnished to an inpatient of a hospital and, except as provided in subdivision (c) of this paragraph, by the hospital:

(a) Bed and board.

(b) Such nursing services and other related services, such use of hospital facilities, and such medical social services as are ordinarily furnished by the hospital for the care and treatment of inpatients, and such drugs, biologicals, supplies, appliances, and equipment, for use in the hospital, as are ordinarily furnished by such hospital for the care and treatment of inpatients.

(c) Such other diagnostic or therapeutic items or services, furnished by the hospital or by others under arrangements with them made by the hospital, as are ordinarily furnished to inpatients either by such hospital or by others under such arrangements, excluding the following:

(i) Medical or surgical services provided by a physician and surgeon, resident or intern.

(ii) The services of a private duty nurse or other private duty attendant. Item (i) of this subdivision shall not apply to services provided in the hospital by an intern or a resident-in-training under a teaching program approved by the council on medical education of the American medical association or, in the case of an osteopathic hospital, approved by the committee on hospitals of the bureau of professional education of the American osteopathic association, or, in the case of services in a hospital or osteopathic hospital by an intern or resident-in-training in the field of dentistry, approved by the council on dental education of the American dental association.

5. "Home health agency" means an agency or organization, or a subdivision of such an agency or organization, which meets all of the following requirements:

(a) Is primarily engaged in providing skilled nursing services and other therapeutic services.

(b) Has policies, established by a group of professional personnel, associated with the agency or organization, including one or more physicians and one or more registered professional nurses, to govern the services referred to in subdivision (a), which it provides, and provides for supervision of such services by a physician or registered professional nurse.

(c) Maintains clinical records on all patients.

6. "Supportive services" or "related supportive services" means services other than home health services which may reasonably be expected to help maintain an individual in his home as an alternative to institutionalization. Such services may include, but not limited to, nutrition counseling, meals services, homemaker services, general maintenance services and transportation services.
A.R.S. § 36-1637 — Arizona Code / Title 36 / Chapter 13 / Article 2.2 / Section 1637
36-1637 Smoke detectors; residential housing
Status: in_force

36-1637. Smoke detectors; residential housing

A. An approved smoke detector shall be installed during construction in each new residential housing unit in this state. An approved smoke detector shall be installed in each existing residential housing unit in this state which does not comply with the requirements of this section if a sleeping area is remodeled and if this remodeling requires a permit from the local political subdivision.

B. A smoke detector installed in a new residential housing unit or in a remodeled area pursuant to this section shall be maintained and kept operable by the tenant unless the tenant gives written notification to the landlord of its malfunction. The landlord shall be responsible for the repair of a smoke detector if such notice is given by the tenant.

C. The landlord shall give written notification to the tenant of the tenant's responsibilities pursuant to this section.
A.R.S. § 36-2902.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2902.01
36-2902.01 Arizona advisory council on Indian health care; membership; compensation; meetings
Status: in_force

36-2902.01. Arizona advisory council on Indian health care; membership; compensation; meetings

A. The Arizona advisory council on Indian health care is established to give tribal governments, tribal organizations and urban Indian health care organizations in this state representation in shaping medicaid and health care policies and laws that impact the populations they serve.

B. The council consists of the following members:

1. Twenty-two representatives of the federally recognized American Indian tribes in this state who are appointed by the governor. Each federally recognized American Indian tribe in this state may recommend to the governor names of persons to represent the tribe on and for appointment to the council. Representatives shall be appointed from those names submitted by the tribes.  Recommended representatives may have experience serving the elderly, youth, children or families or persons with disabilities.

2. One representative from the inter tribal council of Arizona who is recommended by the president of the inter tribal council of Arizona and who is appointed by governor.

3. One representative from an urban Indian health organization in this state that receives Indian health services funding pursuant to 25 United States Code chapter 18 who is recommended jointly by the urban Indian health organizations and who is appointed by the governor.

4. One representative from the Arizona health care cost containment system who is appointed by the director.

5. One representative from the department of health services who is appointed by the director of the department of health services.

6. One representative from the department of economic security who is appointed by the director of the department of economic security.

7. One representative from the Arizona early childhood development and health board who is appointed by the executive director of the Arizona early childhood development and health board.

C. A majority of the council members shall be members of federally recognized American Indian tribes in this state. The council shall contact each tribe to solicit names of persons to recommend for expired terms under subsection B, paragraph 1.

D. The council shall invite federal representatives of the centers for medicare and medicaid services, the Indian health service, the United States social security administration and the United States department of veterans affairs to serve as technical advisors to the council.  These representatives shall be ex officio members and may serve a three-year term on the council.

E. Except as provided in subsection B, paragraphs 4, 5, 6 and 7 of this section, a member of the council may not be an employee of this state.

F. Members of the council are not eligible to receive compensation, but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

G. Members who are appointed pursuant to subsection B, paragraphs 1, 2 and 3 shall serve staggered three-year terms. A member who is absent without notice from three consecutive meetings vacates the individual's membership. The governor may appoint a new member within thirty days after the third unexcused absence. Vacancies occurring on the council shall be filled for the balance of the term.

H. The council shall elect, from persons appointed pursuant to subsection B, paragraph 1, 2 or 3 of this section, a chairperson and vice chairperson. The chairperson and vice chairperson shall be members of a federally recognized American Indian tribe in this state. The election shall be held the second Monday in July every other year. The term of office shall be two years. The council shall meet at least six times a year and may meet more often at the call of the chairperson or vice chairperson. A majority of seated council members constitutes a quorum.

I. An ex officio member serving pursuant to subsection D of this section is not eligible to vote and is not a member for purposes of determining whether a quorum is present.

J. Meetings are open to the public and minutes of each meeting are open for public inspection.
A.R.S. § 36-2999.55 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.55
36-2999.55 Adjustment of payments; definition
Status: in_force

36-2999.55. Adjustment of payments; definition

(Rpld. 10/1/31)

A. A nursing facility is eligible for quarterly nursing facility adjustments based on nursing facility days from the most recent cost report before the start of the fiscal year.  If cost report data is unavailable for a nursing facility, the administration may use other data sources or request patient day information from the facility to estimate nursing facility days.

B. The administration shall make adjustment payments on a quarterly basis to reimburse the medicaid portion of the assessment and other covered medicaid expenditures in the aggregate within the upper payment limit.  Each quarterly payment shall be made not later than thirty days after the end of the calendar quarter with the initial adjustment payment due within thirty days after approval by the centers for medicare and medicaid services of the quality assessment waiver and state plan reflecting the nursing facility adjusted payments.

C. Subject to approval by the centers for medicare and medicaid services, a nursing facility that is located outside of this state may not receive payments pursuant to this article.

D. For the purposes of this section, "nursing facility days" means the days of nursing facility services, including bed hold days, paid for by the Arizona medical assistance program for the applicable state fiscal year.
A.R.S. § 36-2303 — Arizona Code / Title 36 / Chapter 23 / Article 1 / Section 2303
36-2303 Violation; classification
Status: in_force

36-2303. Violation; classification

Any person who violates any provision of this article is guilty of a class 5 felony.
A.R.S. § 36-3286 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3286
36-3286 Sample mental health care power of attorney
Status: in_force

36-3286. Sample mental health care power of attorney

A person may use any writing that meets the requirements of sections 36-3281 and 36-3282 to create a mental health care power of attorney.  The following form is offered as a sample only and does not prevent a person from using other language or another form:

Mental Health Care Power of Attorney

I, ________________, being an adult of sound mind, voluntarily make this declaration for mental treatment.  I want this declaration to be followed if I am incapable, as defined in section 36-3281, Arizona Revised Statutes.  I designate _________________ as my agent for all matters relating to my mental health care including, without limitation, full power to give or refuse consent to all medical care related to my mental health condition.  If my agent is unable or unwilling to serve or continue to serve, I appoint ____________________ as my agent.  I want my agent to make decisions for my mental health care treatment that are consistent with my wishes as expressed in this document or, if not specifically expressed, as are otherwise known to my agent.

If my wishes are unknown to my agent, I want my agent to make decisions regarding my mental health care that are consistent with what my agent in good faith believes to be in my best interests.  My agent is also authorized to receive information regarding proposed mental health treatment and to receive, review and consent to disclosure of any medical records relating to that treatment.

This declaration allows me to state my wishes regarding mental health care treatment including medications, admission to and retention in a health care facility for mental health treatment and outpatient services.

This mental health care power of attorney or any portion of it may not be revoked and any designated agent may not be disqualified by me during times that I am found to be unable to give informed consent.  However, at all other times I retain the right to revoke all or any portion of this mental health care power of attorney or to disqualify any agent designated by me in this document.

The following are my wishes regarding my mental health care treatment if I become incapable, as defined in section 36-3281, Arizona Revised Statutes:

I consent to the following mental health treatments:

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

By initialing here, I consent to giving my agent the power to admit me to an inpatient or partial psychiatric hospitalization program, please initial here: ____ (initial if you consent)

I do not consent to the following mental health treatments:

_____________________________________________________

_____________________________________________________

_____________________________________________________

_____________________________________________________

Additional information about my mental health care treatment needs (consider including mental or physical health history, dietary requirements, religious concerns, people to notify and any other matters that you feel are important):

_____________________________________________________

_____________________________________________________

_____________________________________________________

This mental health care power of attorney is made pursuant to title 36, chapter 32, article 6, Arizona Revised Statutes, and continues in effect for all who may rely on it except to those I have given notice of its revocation pursuant to section 36-3285, Arizona Revised Statutes.

_____________________________________

(signature of principal)

Address of agent________________________________________

________________________________________________________

Telephone number of agent_______________________________

Address of backup agent________________________________

________________________________________________________

Telephone number of backup agent_______________________

Affirmation of witnesses:

I affirm that the person signing this mental health care power of attorney:

1. Is personally known to me.

2. Signed or acknowledged by his or her signature on this declaration in my presence.

3. Appears to be of sound mind and not under duress, fraud or undue influence.

4. Is not related to me by blood, marriage or adoption.

5. Is not a person for whom I directly provide care as a professional.

6. Has not appointed me as an agent to make medical decisions on his or her behalf.

Witnessed by:

__________________________________ (signature and date)

__________________________________ (signature and date)

Acceptance of appointment as agent:  (optional)

I accept this appointment and agree to serve as agent to make mental health treatment decisions for the principal.  I understand that I must act consistently with the wishes of the person I represent, as expressed in this mental health care power of attorney, or if not expressed, as otherwise known by me.  If I do not know the principal's wishes, I have a duty to act in what I in good faith believe to be that person's best interests.  I understand that this document gives me the authority to make decisions about mental health treatment only while that person has been determined to be incapable as that term is defined in section 36-3281, Arizona Revised Statutes.

_____________________________________

(signature of agent)

_____________________________________

(printed name of agent)
A.R.S. § 36-1923 — Arizona Code / Title 36 / Chapter 17 / Article 2 / Section 1923
36-1923 Hearing aid dispensers; licensure requirements
Status: in_force

36-1923. Hearing aid dispensers; licensure requirements

A. An applicant for a hearing aid dispenser license shall pay to the director a nonrefundable application fee and shall show to the satisfaction of the director that the applicant:

1. Has an education equivalent to a four-year course in an accredited high school or has continuously engaged in the practice of fitting and dispensing hearing aids during the three years preceding August 11, 1970.

2. Has not had the applicant's license revoked or suspended by a state within the preceding two years and is presently not ineligible for licensure in any state due to prior revocation or suspension.

B. An applicant for a hearing aid dispenser license who is notified by the director that the applicant has fulfilled the requirements of subsection A of this section shall appear to be examined by written and practical tests as designated by the director in order to demonstrate that the applicant is qualified to practice the fitting and dispensing of hearing aids.

C. The director shall give at least two and not more than four examinations of the type described in this section in each calendar year unless there is an insufficient number of applicants for the second annual examination.
A.R.S. § 36-2815 — Arizona Code / Title 36 / Chapter 28.1 / Section 2815
36-2815 Revocation
Status: in_force

36-2815. Revocation

(Caution:  1998 Prop. 105 applies)

A. The department shall immediately revoke the registry identification card of a nonprofit medical marijuana dispensary agent who violates section 36-2804.01, subsection D, or section 36-2816, subsection B.  The department shall suspend or revoke the registry identification card of a nonprofit medical marijuana dispensary agent for other violations of this chapter.

B. The department shall immediately revoke the registration certificate of a registered nonprofit medical marijuana dispensary that violates section 2816, subsections B or C, and its board members and principal officers may not serve as the board members or principal officers for any other registered nonprofit medical marijuana dispensary.

C. Any cardholder who sells marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter shall have his registry identification card revoked, and shall be subject to other penalties for the unauthorized sale of marijuana and other applicable offenses.

D. The department may revoke the registry identification card of any cardholder who knowingly violates this chapter, and the cardholder shall be subject to other penalties for the applicable offense.

E. Revocation is a final decision of the department subject to judicial review pursuant to title 12, chapter 7, article 6.  Jurisdiction and venue are vested in the superior court.
A.R.S. § 36-565 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 565
36-565 Periodic evaluations of persons with developmental disabilities
Status: in_force

36-565. Periodic evaluations of persons with developmental disabilities

A. Evaluations of the client's placement shall be made at six-month intervals after a client with a developmental disability has been enrolled in a developmental disabilities program or services operated by or supported by the department. The department, upon such evaluation, shall recommend to the responsible person any change in the developmental disabilities program or service for the person with a developmental disability, in accordance with the results of such evaluations.

B. If an evaluation has been conducted, and it is determined that the client is in a program or service no longer appropriate to his individual needs or that he can be better treated and habilitated in another facility, program or service, the department shall transfer the client to another developmental disabilities program or service or terminate the client from the developmental disabilities program or service pursuant to this chapter or the department may recommend additional services for the client as reported by the evaluation, and enroll the client in such additional services.

C. The client, parent and guardian shall be given thirty days' written notice of the proposed transfer, termination or substantial change of services under this chapter. The client, parent and guardian shall also be informed in writing of the right to an administrative review pursuant to section 36-563 for the purposes of contesting the proposed action. If an administrative review is requested, no transfer, termination or substantial change of services shall be made until the decision resulting from the review is issued.

D. The department shall establish rules and regulations concerning the standards of placement of clients from one program setting to another.
A.R.S. § 36-1904 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1904
36-1904 Issuance of license; renewal of license; continuing education; military members
Status: in_force

36-1904. Issuance of license; renewal of license; continuing education; military members

A. The director shall issue a regular license to each applicant who meets the requirements of this chapter. A regular license is valid for two years.

B. A licensee shall renew a regular license every two years on payment of the renewal fee prescribed in section 36-1908. There is a thirty-day grace period after the expiration of a regular license. During this period the licensee may renew a regular license on payment of a late fee in addition to the renewal fee.

C. When renewing a regular license as a hearing aid dispenser, the licensee shall provide proof of having completed at least twenty-four hours of continuing education within the prior twenty-four months.  Courses sponsored by a single manufacturer of hearing aids may not satisfy more than eight hours of continuing education within the prior twenty-four months. At least eight hours of continuing education must be from courses taught in person that offer a hands-on opportunity for instruction in dispensing-related techniques. Courses on topics that provide a hearing aid dispenser an opportunity to stay current on business or client service practices or trends in the profession or that contribute to the professional or business competence of a hearing aid dispenser may qualify for up to one-third of the continuing education requirement. The in-person course requirement may be waived by the director:

1. For all licensees, in the event of a public health emergency declaration.

2. For an individual licensee, in the event of a bona fide emergency that prevents the licensee from attending in-person courses for an indefinite period of time.

D. When renewing a regular license in audiology or in speech-language pathology, the licensee shall provide proof of having completed at least twenty hours of continuing education within the prior twenty-four months.  Courses sponsored by a single manufacturer of hearing aids may not satisfy more than eight hours of continuing education within the prior twenty-four months for persons with a license in audiology.

E. The director by rule shall provide standards for continuing education courses required by this section. Educational courses that are developed by professional organizations of hearing aid dispensers, audiologists or speech language pathologists and that are used by those associations to comply with continuing education requirements are deemed to comply with department standards.

F. The director may refuse to renew a regular license for any cause provided in section 36-1934.

G. A person who does not renew a regular license as prescribed by this section shall apply for a new license pursuant to the requirements of this chapter.  If an application is received by the director within one year after the expiration date of the license, the applicant is not required to take an examination.

H. A person who reapplies for a regular license issued pursuant to this chapter must provide proof of completion of the continuing education hours prescribed by subsection C or D of this section within the previous twenty-four months before the date of reapplication.

I. A license issued pursuant to this chapter to any member of the Arizona national guard or the United States armed forces reserves does not expire while the member is serving on federal active duty and is extended one hundred eighty days after the member returns from federal active duty if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member.  A license issued pursuant to this chapter to any member serving in the regular component of the United States armed forces is extended one hundred eighty days after the date of expiration if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. If the license is renewed during the applicable extended time period after the member returns from federal active duty, the member is responsible only for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as late fees or delinquency fees. The member, or the legal representative of the member, shall present to the director a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.

J. A license issued pursuant to this chapter to any member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces does not expire and is extended one hundred eighty days after the date the military member is able to perform activities necessary under the license if the member both:

1. Is released from active duty service.

2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the license.
A.R.S. § 36-2201 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2201
36-2201 Definitions
Status: in_force

36-2201. Definitions

In this chapter, unless the context otherwise requires:

1. "Administrative medical direction" means supervision of emergency medical care technicians by a base hospital medical director, administrative medical director or basic life support medical director.  For the purposes of this paragraph, "administrative medical director" means a physician who is licensed pursuant to title 32, chapter 13 or 17 and who provides direction within the emergency medical services and trauma system.

2. "Advanced emergency medical technician" means a person who has been trained in an advanced emergency medical technician program certified by the director or in an equivalent training program and who is certified by the director to render services pursuant to section 36-2205.

3. "Advanced life support" means the level of assessment and care identified in the scope of practice approved by the director for the advanced emergency medical technician, emergency medical technician I-99 and paramedic.

4. "Advanced life support base hospital" means a health care institution that offers general medical and surgical services, that is certified by the director as an advanced life support base hospital and that is affiliated by written agreement with a licensed ambulance service, municipal rescue service, fire department, fire district or health services district for medical direction, evaluation and control of emergency medical care technicians.

5. "Ambulance":

(a) Means any publicly or privately owned surface, water or air vehicle, including a helicopter, that contains a stretcher and necessary medical equipment and supplies pursuant to section 36-2202 and that is especially designed and constructed or modified and equipped to be used, maintained or operated primarily to transport individuals who are sick, injured or wounded or who require medical monitoring or aid.

(b) Does not include a surface vehicle that is owned and operated by a private sole proprietor, partnership, private corporation or municipal corporation for the emergency transportation and in-transit care of its employees or a vehicle that is operated to accommodate an incapacitated person or person with a disability who does not require medical monitoring, care or treatment during transport and that is not advertised as having medical equipment and supplies or ambulance attendants.

6. "Ambulance attendant" means any of the following:

(a) An emergency medical technician, an advanced emergency medical technician, an emergency medical technician I-99 or a paramedic whose primary responsibility is the care of patients in an ambulance and who meets the standards and criteria adopted pursuant to section 36-2204.

(b) An emergency medical responder who is employed by an ambulance service operating under section 36-2202 and whose primary responsibility is driving an ambulance.

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

(d) A professional nurse who is licensed pursuant to title 32, chapter 15 and who meets the state board of nursing criteria to care for patients in the prehospital care system.

(e) A professional nurse who is licensed pursuant to title 32, chapter 15 and whose primary responsibility is the care of patients in an ambulance during an interfacility transport.

7. "Ambulance service" means a person who owns and operates one or more ambulances.

8. "Basic life support" means the level of assessment and care identified in the scope of practice approved by the director for the emergency medical responder and emergency medical technician.

9. "Bureau" means the bureau of emergency medical services and trauma system in the department.

10. "Centralized medical direction communications center" means a facility that is housed within a hospital, medical center or trauma center or a freestanding communication center that meets the following criteria:

(a) Has the ability to communicate with ambulance services and emergency medical services providers rendering patient care outside of the hospital setting via radio and telephone.

(b) Is staffed twenty-four hours a day seven days a week by at least a physician licensed pursuant to title 32, chapter 13 or 17.

11. "Certificate of necessity" means a certificate that is issued to an ambulance service by the department and that describes the following:

(a) The service area.

(b) The level of service.

(c) The type of service.

(d) The hours of operation.

(e) The effective date.

(f) The expiration date.

(g) The legal name and address of the ambulance service.

(h) The any limiting or special provisions the director prescribes.

12. "Council" means the emergency medical services council.

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

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

15. "Emergency medical care technician" means an individual who has been certified by the department as an emergency medical technician, an advanced emergency medical technician, an emergency medical technician I-99 or a paramedic.

16. "Emergency medical responder" as an ambulance attendant, whose primary responsibility is driving an ambulance, means a person who has successfully completed training in an emergency medical responder program that is certified by the director or is approved by the emergency medical services provider's administrative medical director on file with the department or in an equivalent training program.

17. "Emergency medical responder program" means a program that has been submitted for review by the department and includes at least the following:

(a) Emergency vehicle driver training.

(b) Cardiopulmonary resuscitation certification.

(c) Automated external defibrillator training.

(d) Training in the use of noninvasive diagnostic devices, including blood glucose monitors and pulse oximeters.

(e) Training on obtaining a patient's vital signs, including blood pressure, pulse and respiratory rate.

18. "Emergency medical services" means those services required following an accident or an emergency medical situation:

(a) For on-site emergency medical care.

(b) To transport the sick or injured by a licensed ground or air ambulance.

(c) In using emergency communications media.

(d) In using emergency receiving facilities.

(e) In administering initial care and preliminary treatment procedures by emergency medical care technicians.

19. "Emergency medical services provider" means any governmental entity, quasi-governmental entity or corporation whether public or private that renders emergency medical services in this state.

20. "Emergency medical technician" means a person who has been trained in an emergency medical technician program certified by the director or in an equivalent training program and who is certified by the director as qualified to render services pursuant to section 36-2205.

21. "Emergency receiving facility" means a licensed health care institution that offers emergency medical services, is staffed twenty-four hours a day and has a physician on call.

22. "Epinephrine delivery system" means a single-use device or product that contains a premeasured dose of epinephrine and that is approved by the United States food and drug administration to prevent or treat a life-threatening allergic reaction.

23. "Fit and proper" means that the director determines that an applicant for a certificate of necessity or a certificate holder has the expertise, integrity, fiscal competence and resources to provide ambulance service in the service area.

24. "Medical record" means any patient record, including clinical records, prehospital care records, medical reports, laboratory reports and statements, any file, film, record or report or oral statements relating to diagnostic findings, treatment or outcome of patients, whether written, electronic or recorded, and any information from which a patient or the patient's family might be identified.

25. "National certification organization" means a national organization that tests and certifies the ability of an emergency medical care technician and whose tests are based on national education standards.

26. "National education standards" means the emergency medical services education standards of the United States department of transportation or other similar emergency medical services education standards developed by that department or its successor agency.

27. "Paramedic" means a person who has been trained in a paramedic program certified by the director or in an equivalent training program and who is certified by the director to render services pursuant to section 36-2205.

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

29. "Police dog":

(a) Means a specially trained dog that is owned or used by a law enforcement department or agency of this state or any political subdivision of this state and that is used in the course of the department's or agency's official work.

(b) Includes a search and rescue dog, service dog, accelerant detection canine or other dog that is in use by the law enforcement department or agency for official duties.

30. "Stretcher van" means a vehicle that contains a stretcher and that is operated to accommodate an incapacitated person or person with a disability who does not require medical monitoring, aid, care or treatment during transport.

31. "Suboperation station" means a physical facility or location at which an ambulance service conducts operations for the dispatch of ambulances and personnel and that may be staffed twenty-four hours a day or less as determined by system use.

32. "Trauma center" means any acute care hospital that provides in-house twenty-four-hour daily dedicated trauma surgical services that is designated pursuant to section 36-2225.

33. "Trauma registry" means data collected by the department on trauma patients and on the incidence, causes, severity, outcomes and operation of a trauma system and its components.

34. "Trauma system" means an integrated and organized arrangement of health care resources having the specific capability to perform triage, transport and provide care.

35. "Validated testing procedure" means a testing procedure that includes practical skills, or attests practical skills proficiency on a form developed by the department by the educational training program, identified pursuant to section 36-2204, paragraph 2, that is certified as valid by an organization capable of determining testing procedure and testing content validity and that is recommended by the medical direction commission and the emergency medical services council before the director's approval.

36. "Wheelchair van" means a vehicle that contains or that is designed and constructed or modified to contain a wheelchair and that is operated to accommodate an incapacitated person or person with a disability who does not require medical monitoring, aid, care or treatment during transport.
A.R.S. § 36-446.02 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.02
36-446.02 Board of examiners; terms; meetings; quorum; effect of vacancies; compensation
Status: in_force

36-446.02. Board of examiners; terms; meetings; quorum; effect of vacancies; compensation

A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven members appointed by the governor.

B. The board shall include:

1. One administrator who holds an active license issued pursuant to this article or who is retired.

2. One assisted living facility manager who holds an active license issued pursuant to this article or who is retired.

3. One administrator of a nonprofit or faith-based skilled nursing facility who either holds an active license issued pursuant to this article or who is retired.

4. One administrator of a proprietary skilled nursing facility who either holds an active license issued pursuant to this article or who is retired.

5. Two managers of an assisted living center who either hold an active license issued pursuant to this article or who are retired.

6. One manager of an assisted living home who either holds an active license issued pursuant to this article or who is retired.

7. One public member who represents an organization that advocates for the elderly.

8. One person who is a family member of a resident or a person who was a resident in the previous three years in either a skilled nursing facility or an assisted living facility at the time the person is appointed to the board.

9. One person who is a current or former resident of a skilled nursing facility or an assisted living facility.

10. One public member who represents an organization that advocates for individuals with Alzheimer's disease, dementia or other related neurocognitive diseases or disorders.

C. The board may not have more than three board members who are appointed pursuant to subsection B, paragraphs 1 through 6 of this section and who are retired. Each board member specified in subsection B, paragraphs 1 through 6 of this section who is retired must have had an active license issued pursuant to this article within the previous two years at the time of appointment to the board and may not have had any disciplinary action taken against the person's license or had a license issued pursuant to this article revoked.

D. Board members who are not affiliated with a nursing care institution or an assisted living facility shall not have a direct financial interest in nursing care institutions or assisted living facilities.

E. A board member shall not serve on any other board relating to long-term care during the member's term with the board.

F. The term of a board member automatically ends when that member no longer meets the qualifications for appointment to the board.  The board shall notify the governor of the board vacancy.

G. Board members who are not affiliated with a nursing care institution or an assisted living facility shall be appointed for two-year terms. Board members who are the administrator of a nursing care institution or the manager of an assisted living facility shall be appointed for three-year terms.

H. A board member shall not serve for more than two consecutive terms.

I. The board shall meet at least twice a year.

J. A majority of the board members constitutes a quorum.

K. Board members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually spent performing their duties under this chapter.

L. A board member who is absent from three consecutive regular meetings or who fails to attend more than fifty percent of board meetings over the course of one calendar year vacates the board member's position.  The board shall notify the governor of the vacancy.
A.R.S. § 36-1944 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1944
36-1944 Duties
Status: in_force

36-1944. Duties

The commission shall act as a bureau of information to the deaf, the hard of hearing and the deafblind, state agencies and institutions providing services to the deaf, the hard of hearing and the deafblind, local agencies of government and other public or private community agencies and programs.  In this capacity, the commission shall:

1. Inform the deaf, the hard of hearing and the deafblind of the availability of the programs and activities of the commission and other services available for the deaf, the hard of hearing and the deafblind at all levels of government.

2. Develop and foster a framework for consultation and cooperation with the rehabilitation services bureau of the department of economic security and with all institutions represented on the commission.

3. Study issues relating to the deaf, the hard of hearing and the deafblind, review the administration and operation of the various programs for the deaf, the hard of hearing and the deafblind in this state and make recommendations concerning these problems and programs to the several agencies and institutions represented on the commission as it deems necessary.

4. Submit an annual report to the governor and the legislature concerning its findings and recommendations.

5. Review the problems of the deaf, the hard of hearing and the deafblind as they relate to the need for effective and appropriate auxiliary aids in public places.

6. Review and compile information on the development of acoustical technology for the hard of hearing and advocate the use of this technology if it deems appropriate.

7. Make recommendations to state agencies, political subdivisions and institutions on how to meet the needs of the deaf, the hard of hearing and the deafblind.

8. Make recommendations to the legislature regarding statutory changes needed:

(a) To develop and support statewide newborn child hearing loss screening programs.

(b) To develop and update assessment standards that optimize the language acquisition and literacy development of deaf and hard of hearing newborns, infants and children.
A.R.S. § 36-2936 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2936
36-2936 Preadmission screening programs; functional tests; screening review
Status: in_force

36-2936. Preadmission screening programs; functional tests; screening review

A. The director shall adopt rules establishing a uniform statewide preadmission screening program to determine if a person who has met the eligibility criteria prescribed in section 36-2934 is eligible for institutional services pursuant to this article. To be eligible for institutional services or home and community based services as defined in section 36-2931, a person shall have a nonpsychiatric medical condition or have a developmental disability as defined in section 36-551 that, by itself or in combination with other medical conditions, necessitates the level of care that is provided in a nursing facility or intermediate care facility. These rules shall establish a uniform preadmission screening instrument that assesses the functional, medical, nursing, social and developmental needs of the applicant.

B. A person is not eligible to receive home and community based services unless that person has been determined to need institutional services as determined by the preadmission screening instrument pursuant to subsection D of this section. The administration shall establish guidelines for the periodic reassessment of each member.

C. Preadmission screening conducted pursuant to subsection B of this section shall be conducted telephonically or virtually, unless the administration determines it is necessary to conduct the assessment in person or the applicant being screened or the applicant's representative requests an in-person assessment. The administration shall provide notice to applicants that the purpose of preadmission screening is to conduct a meaningful review of an applicant's medical needs, functional capacity, social and developmental needs and emotional and cognitive behaviors.  The notice shall inform applicants that the applicant or the applicant's representative may request an in-person assessment and may request accommodations in the preadmission screening process under the Americans with disabilities act of 1990.

D. Preadmission screening conducted pursuant to subsection B of this section shall be conducted by a registered nurse who is licensed pursuant to title 32, chapter 15 or by a social worker. The nurse or social worker shall have a physician who is licensed pursuant to title 32, chapter 13 or 17 available for consultation and may use the applicant's attending physician's physical assessment form, if appropriate, in assessing needs for long-term care services under this article. A physician who receives a referral from the nurse or social worker may use the physician's medical judgment to determine the medical eligibility of an applicant for the system or the continued medical eligibility of a member or eligible person. In the medical referral, the physician shall use the established combined thresholds for functional ability and medical condition as a guide to determine the risk of institutionalization.

E. If a person who is eligible for services pursuant to this article, who is enrolled with a program contractor pursuant to this article and who is enrolled with a program contractor pursuant to section 36-2940 fails the preadmission screening for institutional services pursuant to subsection A of this section at the time of a reassessment, the administration may administer a second preadmission screening designed to measure the functioning level of the person based on rules adopted by the director. If the person meets the established thresholds of the functional preadmission screening, the person is eligible for home and community based services pursuant to section 36-2939, subsection A, paragraphs 2, 3 and 4, subsection B, paragraph 2 and subsection C. If a person who is determined eligible pursuant to this subsection is institutionalized pursuant to section 36-2939, including residence in an intermediate care facility, institution for mental disease, inpatient psychiatric facility or nursing facility, the person has a maximum of ninety days to vacate the institutional setting and relocate to a home and community based setting approved pursuant to section 36-2939.

F. If the person is determined not to need services pursuant to this section, the administration shall provide the person with information on other available community services.

G. The administration or its designee shall complete the preadmission screening under subsection A of this section within eight days, excluding Saturdays and holidays, and excluding the time period allowed to determine eligibility pursuant to section 36-2934.

H. If a provider who contracts with the administration pursuant to section 36-2904, subsection A is dissatisfied with any action or decision of the administration regarding the eligibility of a person for the system as prescribed in this article, that provider may file a grievance in accordance with the provider grievance procedure prescribed in section 36-2932, subsection I, paragraph 1. If the director determines pursuant to the grievance process that the person should have been determined eligible pursuant to section 36-2933, the director may reimburse the provider for the net cost of services provided pursuant to this article after the cumulative time periods allowed pursuant to section 36-2934 and this section.

I. In addition to those persons seeking services pursuant to this article, the preadmission screening conducted pursuant to this section shall be made available to all other persons applying for admission to a nursing care institution. The cost of preadmission screenings conducted by the administration pursuant to this subsection shall be borne by the state. The administration shall provide nursing care institutions and the general public on request with detailed information about the preadmission screening program and booklets that describe in clear and simple language the availability of services and benefits from the system. The booklet shall:

1. Explain the availability of preadmission screening that will assess the functional, medical, nursing and social needs of the patient and make recommendations on services that meet the patient's needs as identified by the preadmission screening assessment.

2. Describe the availability of public and private services appropriate to meet the patient's needs in institutions and alternatives to institutions.

3. Explain financial eligibility standards for the Arizona long-term care system and its effect on separate and community property.

J. In addition to the preadmission screening program established in this section, the administration shall implement the preadmission screening program as set forth in section 1919 of the social security act. For persons applying for admission to a title XIX certified nursing care institution, an initial level I preadmission screening shall be conducted by the administration on all nursing care institution applicants who are applying for eligibility pursuant to section 36-2933 and by the nursing care institution on all other nursing care institution applicants. The administration shall develop a uniform identification screening instrument, which shall be used by the nursing care institution and the administration in conducting the initial level I screens. If the identification screen indicates the applicant may be mentally ill, the applicant shall be referred to the administration, which shall conduct the level II preadmission screening review using a level II screening instrument developed by the administration. If the identification screen indicates the applicant may have an intellectual disability, the applicant shall be referred to the department, which shall conduct the level II preadmission screening review using a level II screening instrument developed by the department.

K. Within ten working days a nursing care institution shall notify the administration for a person who is mentally ill or the department of economic security for a person with developmental disabilities and the department of child safety if the person is a minor dependent of this state about any significant change that occurs in the physical or mental condition of a member who is residing in the nursing care institution. The administration or the department of economic security shall conduct a subsequent level II screening review of the member within the time frame required by the administration after the notification by the nursing care institution.
A.R.S. § 36-479 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 479
36-479 Violations; classification
Status: in_force

36-479. Violations; classification

A person is guilty of a class 3 misdemeanor if he:

1. Operates, maintains, directs or engages in the business of operating a clinical laboratory without a current license issued pursuant to this article.

2. Accepts blood or specimens for tests from and makes reports to persons who are not authorized by law to submit, receive or use these reports or materials. This does not prohibit the transferral of blood or referral specimens from one clinical laboratory licensed under this article to another clinical laboratory licensed under this article if the report indicates clearly the laboratory performing the test and the name of the director of such clinical laboratory.

3. Knowingly violates any provision of this article or any rule adopted pursuant to this article.
A.R.S. § 36-2818 — Arizona Code / Title 36 / Chapter 28.1 / Section 2818
36-2818 Enforcement of this act; mandamus
Status: in_force

36-2818. Enforcement of this act; mandamus

(Caution:  1998 Prop. 105 applies)

A. If the department fails to adopt regulations to implement this chapter within one hundred twenty days of the effective date of this chapter, any citizen may commence a mandamus action in superior court to compel the department to perform the actions mandated under this chapter.

B. If the department fails to issue a registry identification card within forty-five days of the submission of a valid application or renewal, the registry identification card shall be deemed issued, and a copy of the registry identification card application or renewal is deemed a valid registry identification card.

C. If at any time after the one hundred forty days following the effective date of this chapter the department is not accepting applications or has not promulgated rules allowing qualifying patients to submit applications, a notarized statement by a qualifying patient containing the information required in an application pursuant to section 36-2804.02, subsection A, paragraph 3, together with a written certification issued by a physician within the ninety days immediately preceding the notarized statement, shall be deemed a valid registry identification card.
A.R.S. § 36-594.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 594.01
36-594.01 Fingerprinting of contract providers and home and community based service providers
Status: in_force

36-594.01. Fingerprinting of contract providers and home and community based service providers

A. The following persons shall be fingerprinted pursuant to section 41-1758.07:

1. A person who is paid or who volunteers to work in a facility or program that is licensed by or that has entered into a contract with the division of developmental disabilities to provide services to persons with developmental disabilities.

2. A person who applies for certification as a home and community based service provider.

B. A person who is required to be fingerprinted pursuant to subsection A, paragraph 1 of this section shall have a valid fingerprint clearance card or shall apply for a fingerprint clearance card before providing services to persons with developmental disabilities.

C. A person who is required to be fingerprinted pursuant to subsection A, paragraph 2 of this section shall not be certified unless the person has a valid fingerprint clearance card or provides to the division of developmental disabilities documentation of the person's application for a fingerprint clearance card.

D. This section does not apply to home and community based service providers who provide attendant care and who are immediate relatives with whom the person with developmental disabilities resides.

E. Persons who are required to be fingerprinted pursuant to subsection A of this section shall certify on forms that are provided by the department whether the person is awaiting trial on or has been convicted of any of the offenses listed in section 41-1758.07, subsections B and C.

F. The division of developmental disabilities in the department of economic security shall notify the department of public safety if the division receives credible evidence that a person who possesses a valid fingerprint clearance card either:

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

2. Falsified information on the form required by subsection E of this section.
A.R.S. § 36-2602 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2602
36-2602 Controlled substances prescription monitoring program; contracts; retention and maintenance of records
Status: in_force

36-2602. Controlled substances prescription monitoring program; contracts; retention and maintenance of records

A. The board shall adopt rules to establish a controlled substances prescription monitoring program.  The program shall:

1. Be operated, monitored and maintained by the board.

2. Be staffed by the board.

3. Include a computerized central database tracking system to track the prescribing, dispensing and consumption of schedule II, III, IV and V controlled substances that are dispensed by a medical practitioner or by a pharmacy that holds a valid license or permit issued pursuant to title 32.  The database shall include data from the department of health services that identifies residents of this state who possess a registry identification card issued pursuant to chapter 28.1 of this title. The tracking system shall not interfere with the legal use of a controlled substance for managing severe or intractable pain.

4. Assist law enforcement to identify illegal activity related to prescribing, dispensing and consuming schedule II, III, IV and V controlled substances.

5. Provide information to patients, medical practitioners and pharmacists to help avoid the inappropriate use of schedule II, III, IV and V controlled substances.

6. Be designed to minimize inconvenience to patients, prescribing medical practitioners and pharmacies while effectuating the collection and storage of information.

B. The board may enter into private or public contracts, including intergovernmental agreements pursuant to title 11, chapter 7, article 3, to ensure the effective operation of the program.  Each contractor must comply with the confidentiality requirements prescribed in this article and is subject to the criminal penalties prescribed in section 36-2610.

C. The board shall maintain the following records for the following periods of time:

1. A record of dispensing a controlled substance for seven years after the date the controlled substance was dispensed.

2. Affidavits for the purpose of an open investigation by law enforcement for two years.

3. Court orders requesting medical record information in the program for two years.

4. A patient's request of the patient's own prescription history for two years.

5. A prescriber report for two years.
A.R.S. § 36-1412 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1412
36-1412 Additional provisions of bonds
Status: in_force

36-1412. Additional provisions of bonds

In connection with the issuance of bonds pursuant to this article, or the incurring of obligations under leases made pursuant to this article, and in order to secure the payment of the bonds or obligations, a public housing authority, city, town or county may:

1. Pledge all or any part of the gross or net rents, fees or revenues of a housing project financed with the proceeds of the bonds, to which its rights then exist or may thereafter come into existence.

2. Covenant against pledging all or any part of the project rents, fees and revenues, or against permitting or suffering any lien on the revenues or property.

3. Covenant with respect to limitations on its right to sell, lease or otherwise dispose of any housing project or any part of a housing project.

4. Covenant as to what other or additional debts or obligations may be incurred by it.

5. Covenant as to the bonds to be issued and as to the issuance of the bonds in escrow or otherwise and as to the use and disposition of the proceeds.

6. Provide for the replacement of lost, destroyed or mutilated bonds.

7. Covenant against extending the time for the payment of its bonds or interest.

8. Redeem the bonds, covenant for their redemption and provide the terms and conditions.

9. Covenant, subject to the limitations contained in this article, as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made .

10. Create or authorize the creation of special funds for monies held for construction or operating costs, debt service, reserves or other purposes and covenant as to the use and disposition of the monies held in such funds.

11. Prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which shall consent thereto and the manner in which such consent may be given.

12. Covenant as to the use of any or all of its real or personal property acquired pursuant to this article, and covenant as to the maintenance of such property, the replacement thereof, the insurance to be carried thereon and the use and disposition of insurance monies.

13. Covenant as to the rights, liabilities, powers and duties arising upon the breach by it of any covenant, condition, or obligation, and covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions on which the declaration and its consequences may be waived.

14. Vest in a trustee or trustees or the holders of bonds issued pursuant to this article, or any specified proportion of them, the right to enforce payment of the bonds or any covenants securing or relating to the bonds, vest in a trustee or trustees the right, in the event of a default by the public housing authority, city, town or county, to take possession of any housing project or part, and, as long as the public housing authority, city, town or county continues in default, to retain possession and use, operate and manage the project, and to collect the rents and revenues arising therefrom and to dispose of the monies in accordance with the agreement of the public housing authority, city, town or county with the trustee, provide for the powers and duties of a trustee or trustees and limit the liabilities thereof, and provide the terms and conditions on which the trustee or trustees or the holders of bonds, or any proportion of them, may enforce any covenant or rights securing or relating to the bonds.

15. Exercise all or any part or combination of the powers granted by this section, make covenants other than and in addition to the covenants expressly authorized by this section, of like or different character, and make covenants that tend to make the bonds more marketable notwithstanding that the covenants, acts or things are not enumerated in this section.
A.R.S. § 36-405.01 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 405.01
36-405.01 Health screening services; violation; classification
Status: in_force

36-405.01. Health screening services; violation; classification

A. Health screening services shall be conducted in the following manner:

1. Health screening services shall be conducted under the direction of or, when required by good medical practice, under the supervision of a physician.

2. Any diagnosis of collected health-related data shall be performed by a physician.

3. Any examination of secretions, body fluids or excretions of the human body shall be performed pursuant to title 36, chapter 4.1.

4. Individuals may obtain health screening services on their own initiative.

5. Data given health-screened individuals shall be properly informative and not misleading.

6. Activities engaged in or materials used to educate, promote or otherwise solicit individuals to use health screening services shall not:

(a) Be misleading.

(b) Include the name of any physician, physician's office or clinic.

(c) Use or contain any language that directly or indirectly lauds the professional competence, skill or reputation of any physician.

7. A patient who is in need of medical care shall be informed that he should see a physician without referral to any particular physician.

B. The director may adopt such other regulations necessary or appropriate to carry out the purposes of this section.

C. Physicians affiliated with health screening services shall continue to be bound by the laws and ethics governing their practice.  However, affiliation with health screening services conducted in conformity with this chapter shall not constitute a violation of such laws or ethics.

D. Health-screened individuals, with respect to their disclosures to and records with health screening services, shall have the same protections regarding privileged communication and the same rights to the possession and confidentiality of their records as are accorded by law to patients of physicians.

E. Health screening services shall be exempt from the provisions of articles 2 through 5 of this chapter.

F. Any person who conducts health screening services in violation of this section or in violation of any rule or regulation adopted by the director is guilty of a class 2 misdemeanor. In addition, the director may exercise the same powers with respect to health screening services as are provided in section 36-427, subsection B with respect to licensed health care institutions.
A.R.S. § 36-425.07 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.07
36-425.07 Nursing-supported group homes; licensure
Status: in_force

36-425.07. Nursing-supported group homes; licensure

On or before July 1, 2022, a nursing-supported group home that is operated in this state by a service provider under contract with the department of economic security shall be licensed pursuant to this chapter.
A.R.S. § 36-160 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 160
36-160 Confidentiality of records; unauthorized disclosures unlawful; classification
Status: in_force

36-160. Confidentiality of records; unauthorized disclosures unlawful; classification

A. Clinical records, medical reports and laboratory statements or reports, maintained as a result of services authorized by this article, and the information contained therein, shall be confidential and shall not be divulged to or open to inspection by any person other than attending physicians and surgeons, and persons authorized by them, the home health agency involved and state or local health officers. The director may, by regulation, authorize other persons or groups of persons to inspect or otherwise use such records and information.

B. A person who knowingly divulges such information or opens to inspection such clinical records, medical reports or laboratory statements or reports, without authority, to any person not by law or regulation entitled to such is guilty of a class 2 misdemeanor.
A.R.S. § 36-274 — Arizona Code / Title 36 / Chapter 2 / Article 4 / Section 274
36-274 Disease control research fund; lapsing; investment
Status: in_force

36-274. Disease control research fund; lapsing; investment

A. The disease control research fund is established consisting of monies received from the state lottery fund pursuant to section 5-572, subsection D, monies appropriated by the legislature and any gifts, contributions or other monies received by the department from any source to carry out the purposes of this article, except monies from the health research fund established by section 36-275.  The department shall administer the disease control research fund.

B. The department may expend monies in the disease control research fund for projects or services pursuant to section 36-273 and for expenses incurred by the department in carrying out the purposes of this article, including filing applications and maintaining patents.

C. As a condition of each contract for cancer research projects or services, the department shall require that the recipient shall not use fund monies for any purpose, including any administrative or building purposes, other than the specific cancer research grant project contract.

D. Monies in the disease control research fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

E. On notice from the department, the state treasurer shall invest and divest monies in the disease control research fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 36-782 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 782
36-782 Enhanced surveillance advisory
Status: in_force

36-782. Enhanced surveillance advisory

A. The governor, in consultation with the director, may issue an enhanced surveillance advisory if the governor has reasonable cause to believe that an illness, health condition or clinical syndrome caused by bioterrorism, epidemic or pandemic disease or a highly fatal and highly infectious agent or biological toxin has or may occur or that there is a public event that could reasonably be the object of a bioterrorism event. The illness or health condition may not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.

B. As determined by the governor after considering the least restrictive measures necessary that are consistent with public health and safety, the enhanced surveillance advisory shall direct the following in accordance with this article:

1. Those persons and entities required to report.

2. The clinical syndromes, any illness or health condition that may be associated with bioterrorism or a specific illness or health condition to be reported.

3. Patient tracking.

4. Information sharing.

5. Specimen testing coordination.

C. The director shall notify local health authorities before the governor issues an enhanced surveillance advisory.  The department and local health authorities shall provide the enhanced surveillance advisory to those persons and entities required by the advisory to report pursuant to this article by using any available means of communication.  This article does not alter the department's or a local health authority's ability to monitor community health status or implement control measures for the early detection of communicable and preventable diseases otherwise allowed by law.

D. Before the governor issues an enhanced surveillance advisory, the department and local health authorities must meet with representatives of persons or institutions who will be affected by the enhanced surveillance advisory pursuant to section 36-783, subsections A, B and C.  If, because of an immediate threat to the public health, the department and local health authorities are not able to hold this meeting before the governor issues the advisory, the meeting must take place within seventy-two hours after the governor issues the advisory.

E. To the extent possible, the department and local health authorities shall share department and local health authority personnel, equipment, materials, supplies and other resources to assist persons and institutions affected to implement the terms of the advisory.

F. At the governor's direction, the department may use reasonable efforts to assist the persons and institutions to receive reimbursement of costs incurred because of the implementation of the advisory.

G. An enhanced surveillance advisory may be revised or terminated at any time by the director and automatically terminates after sixty days, unless renewed by the governor.
A.R.S. § 36-2236 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2236
36-2236 Nature of certificates of necessity; transfer; suspension; service area
Status: in_force

36-2236. Nature of certificates of necessity; transfer; suspension; service area

A. A certificate of necessity issued pursuant to this article is not a franchise, may be revoked by the director and does not confer a property right on its holder.

B. A certificate of necessity shall not be assigned or otherwise transferred without the written approval of the director. When any certificate is assigned or transferred, the director shall issue to the assignee or transferee a new certificate that is valid only for the unexpired term of the transferred or assigned certificate.

C. In case of emergency, the director may suspend a certificate of necessity as provided in section 36-2234.

D. If a certificate of necessity issued pursuant to this article is issued to a city, town, fire district, fire authority or other political subdivision of this state, the service area shall be all the geographic area lying within the jurisdictional boundaries of the city, town, fire district, fire authority or political subdivision, unless the certificate issued by the director specifically excludes a portion of the city, town, fire district, fire authority or political subdivision or includes an additional service area outside the jurisdictional boundaries of the city, town, fire district, fire authority or other political subdivision. If the jurisdictional boundaries of a city, town, fire district, fire authority or other political subdivision expand, the service area in the certificate of necessity expands to reflect those jurisdictional boundaries, except as prescribed in section 36-2233, subsection I, paragraph 2. This subsection does not affect the validity of any previously granted certificate for an unincorporated area lying within the boundaries of a city.

E. If the population of a service area changes by ten percent or more based on the most recent decennial census or five-year census estimate, the department must conduct a review to determine whether adjustments must be made to the response times in the service area, taking into consideration the impact on rates and charges.
A.R.S. § 36-3404 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3404
36-3404 Administration budget for behavioral health; funds
Status: in_force

36-3404. Administration budget for behavioral health; funds

A. The administration 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 behavioral health services other than with respect to the operation of the Arizona state hospital.

B. The budget request presented pursuant to subsection A of this section shall be divided as follows:

1. A proposed budget for the administration of behavioral health services.

2. A proposed budget for services for each behavioral health program.

C. The director shall establish funds for each behavioral health program. Monies appropriated to the administration for these programs, fees generated by the provision of these programs and grants and gifts to the administration 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 administration.
A.R.S. § 36-3702 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3702
36-3702 Notice of release; referral; immunity
Status: in_force

36-3702. Notice of release; referral; immunity

A. If an agency that has jurisdiction over a person who is at least eighteen years of age determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed to the county attorney in the county in which the person was convicted, was found incompetent or will be released or to the attorney general not more than one hundred eighty days and not less than thirty days before the person's anticipated release:

1. From confinement if the person was convicted at any time of a sexually violent offense.

2. If the person was found guilty except insane at any time of committing a sexually violent offense.

3. If the person was charged at any time with a sexually violent offense and was determined to be incompetent to stand trial.

B. If the person has been found incompetent to stand trial pursuant to title 13, chapter 41 and there is no substantial likelihood that the person will be restored to competency within twenty-one months after the date of the original finding of incompetency, the county attorney may request the court to order a screening of the person pursuant to section 13-4518 to determine if the person may be a sexually violent person.

C. If the state department of corrections or the Arizona state hospital has jurisdiction over a person who is at least eighteen years of age and who at any time was convicted of a sexually violent offense, was found guilty except insane of committing a sexually violent offense or was charged with a sexually violent offense and was determined to be incompetent to stand trial, the state department of corrections or the Arizona state hospital shall determine if the person may be a sexually violent person. If the agency determines that the person may be a sexually violent person, the agency shall submit a written request that a petition be filed either to the county attorney in the county in which the person was convicted, was found incompetent or will be released or to the attorney general.  The agency must submit the written request not more than one hundred eighty days and not less than thirty days before the person's anticipated release. If the person has a pending sentence of imprisonment in another state or federal jurisdiction, in lieu of the written request the director of the state department of corrections may instead enter into a written agreement with the prosecuting authority by which the person was prosecuted, was found incompetent or will be released to have the person retrieved by the other state or federal jurisdiction.

D. The agency shall provide the county attorney or attorney general with the following to support the written request that a petition be filed:

1. Certified copies of the following court documents:

(a) The complaint, information, judgment of conviction and commitment order for the sexually violent offense that forms the basis for the petition and detention orders.

(b) The complaint, information, judgment of conviction and commitment order for any other conviction that the submitting agency possesses.

2. All records of evaluation and treatment, including any of the following:

(a) All psychological and psychiatric tests and assessment reports and supporting information.

(b) Group notes, autobiographical notes, progress notes, psychosocial reports or other materials that were prepared by or that relate to the person while the person was in custody or receiving treatment from the submitting agency or any other agency.

(c) Presentence investigation reports, whether prepared by the state department of corrections, by a private agency or at the direction of the superior court for sentencing on the sexually violent offense.

3. All records of the person's version of the offenses for which the person has been convicted, including the notes and records of all interviews and discussions with the person while the person was in the care of the submitting agency or any other agency.

4. A record of all convictions and acquittals regardless of whether those convictions were for sexually violent offenses.

5. Police reports that are in the possession of the referring agency and that relate to any sexually violent offense that was committed by the person.

6. Institutional records that relate to the person's behavior and conduct while in custody and that are in the possession of the referring agency.

7. Information indicating the dates of acceptance and rejection by the person of any recommended or court ordered psychotropic medication to control the person's mental disorder.

8. Information indicating the dates of acceptance and rejection by the person of any recommended or court ordered psychological or psychiatric counseling for treatment of the person's mental disorder.

9. A final release or discharge report, together with any information on which the report is based, that is prepared in anticipation of either the person's release from incarceration or commitment. The report shall include:

(a) A report of the person's condition that was completed within the preceding one hundred twenty days and that includes an opinion expressing to a reasonable degree of psychiatric, psychological or professional certainty that the person has a mental disorder and that, as a result of that mental disorder, the person is likely to engage in a sexually violent offense.

(b) A list of the names of all treatment providers who have treated or worked with the person.

(c) The curriculum vitae of each of the treating individuals that details each individual's education, training and experience.

(d) The facility in which the person is located at the time of the referral and in which the person will be residing pending the filing of a petition.

E. The agency and the agency's officers and employees providing mental health evaluations and reports are immune from liability for any good faith acts under this article.

F. The department of health services and the department of health services' officers and employees providing mental health evaluations and reports are immune from liability for any good faith acts under this article.

G. An agency's inability to comply with the time requirements under subsection A or C of this section does not preclude the county attorney or the attorney general from filing a petition alleging that a person is a sexually violent person.
A.R.S. § 36-857 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 857
36-857 Choice of law; presumption of validity
Status: in_force

36-857. Choice of law; presumption of validity

A. A document of gift is valid if executed in accordance with:

1. This article.

2. The laws of the state or country where it was executed.

3. The laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence or was a national at the time the document of gift was executed.

B. If a document of gift is valid under this section, the laws of this state govern the interpretation of the document of gift.

C. A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.
A.R.S. § 36-2211 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2211
36-2211 Grounds for censure, probation, suspension or revocation of emergency medical care technician certificate; proceedings; civil penalty; judicial review
Status: in_force

36-2211. Grounds for censure, probation, suspension or revocation of emergency medical care technician certificate; proceedings; civil penalty; judicial review

A. The medical director of the emergency medical services and trauma system, on behalf of the director, may censure or place on probation an emergency medical care technician or suspend or revoke the certification issued to any emergency medical care technician pursuant to this article for any of the following causes:

1. Unprofessional conduct.

2. Conviction of, a plea of guilty or no contest to or admission in a court proceeding to the elements of a felony or of a misdemeanor involving moral turpitude during the time that a person is certified as an emergency medical care technician.  The record of conviction or a copy of the record certified by the clerk of the court or by the judge by whom the person was sentenced is conclusive evidence of conviction.

3. Physical or mental incompetence to provide emergency medical services as an emergency medical care technician.

4. Gross incompetence or gross negligence in the provision of emergency medical services as an emergency medical care technician.

5. Wilful fraud or misrepresentation in the provision of emergency medical services as an emergency medical care technician or in the admission to that practice.

6. Use of any narcotic or dangerous drug or intoxicating beverage to an extent that the use impairs the ability to safely conduct the provision of emergency medical services as an emergency medical care technician.

7. The wilful violation of this chapter or the rules adopted pursuant to this chapter.

B. The medical director of the emergency medical services and trauma system on the medical director's own motion may investigate any evidence that appears to show the existence of any of the causes set forth in subsection A of this section. The medical director shall investigate the report under oath of any person that appears to show the existence of any of the causes set forth in subsection A of this section.  Any person reporting pursuant to this section who provides the information in good faith is not subject to liability for civil damages as a result.

C. If, in the opinion of the medical director of the emergency medical services and trauma system, it appears the information is or may be true, the medical director shall request an informal interview with the emergency medical care technician.  The interview shall be requested by the medical director in writing, stating the reasons for the interview and setting a date not less than ten days from the date of the notice for conducting the interview.  The written request for an interview shall also state that if the medical director finds that cause exists for censure or probation or the suspension or revocation of the certificate the medical director may impose a civil penalty of not more than three hundred fifty dollars for each occurrence of cause as provided in subsection A of this section. The request for an interview shall also state that each day a cause for discipline exists constitutes a separate offense.

D. Following the investigation, including an informal interview if requested, and together with any mental, physical or professional competence examination as the medical director of the emergency medical services and trauma system deems necessary, the medical director may proceed in the following manner:

1. If the medical director finds that the evidence obtained pursuant to subsections B and C of this section does not warrant censure or probation of the emergency medical care technician or suspension or revocation of a certificate, the medical director shall notify the emergency medical care technician and terminate the investigation.

2. If the medical director finds that the evidence obtained pursuant to subsections B and C of this section does not warrant suspension or revocation of a certificate but does warrant censure or probation, the medical director may do either of the following:

(a) Issue a decree of censure.

(b) Fix a period and terms of probation best adapted to protect the public health and safety and rehabilitate and educate the emergency medical care technician.  Failure to comply with any probation is cause for filing a complaint and holding a formal hearing as provided in paragraph 3 of this subsection.

3. If the medical director finds that the evidence obtained pursuant to subsections B and C of this section warrants suspension or revocation of a certificate issued under this article, or if the emergency medical care technician under investigation refuses to attend the informal interview authorized in subsection C of this section, a complaint shall be issued and formal proceedings shall be initiated.  All proceedings pursuant to this paragraph shall be conducted pursuant to title 41, chapter 6, article 10.

E. If after a hearing as provided in this section any cause for censure, probation, suspension or revocation is found to exist, the emergency medical care technician is subject to censure or probation or suspension or revocation of the certificate or any combination of these for a period of time or permanently and under conditions as the medical director of the emergency medical services and trauma system deems appropriate.

F. In addition to other disciplinary action provided pursuant to this section, the medical director of the emergency medical services and trauma system may impose a civil penalty of not more than three hundred fifty dollars for each occurrence of cause as provided in subsection A of this section not to exceed twenty-five hundred dollars. Each day that cause for discipline exists constitutes a separate offense.  All monies collected pursuant to this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

G. Except as provided in section 41-1092.08, subsection H, final decisions of the medical director of the emergency medical services and trauma system are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 36-831.01 — Arizona Code / Title 36 / Chapter 7 / Article 2 / Section 831.01
36-831.01 Disposition of remains; duty to comply with decedent's wishes; exemption from liability
Status: in_force

36-831.01. Disposition of remains; duty to comply with decedent's wishes; exemption from liability

A. If the person on whom the duty of burial is imposed pursuant to section 36-831 is aware of the decedent's wishes regarding the disposition of his remains, that person shall comply with those wishes if they are reasonable and do not impose an economic or emotional hardship.

B. No funeral establishment or crematory licensed pursuant to title 32, chapter 12 or 20 or a cemetery certified under title 32, chapter 20, that relies in good faith upon the instructions for disposition of a body given by the person authorized pursuant to section 36-831 shall be subject to civil liability or subject to disciplinary action for disposition of the remains in accordance with the instructions.
A.R.S. § 36-2938 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2938
36-2938 Case management; definition
Status: in_force

36-2938. Case management; definition

A. The director shall adopt rules establishing a uniform statewide case management program to ensure the most appropriate placement and cost effective delivery of services to members by the program contractors pursuant to this article. The case management program shall include the development by the program contractor of a long-term care service plan for each member. This plan shall include a cost benefit analysis for institutional or home and community based services. In developing this plan, the program contractor may use the information obtained from the preadmission screening conducted pursuant to section 36-2936 to determine the types of services a member should receive.

B. Each program contractor shall provide continual case management services to members in compliance with the uniform statewide case management program established pursuant to subsection A of this section.

C. Except for retroactive coverage, a program contractor shall only provide payment or reimbursement for services provided pursuant to this article under referral from its case management unit.

D. For the purposes of this section, "case management" means a service that will direct members to the most appropriate amount, duration and type of services and continually monitor and reassess a member's need for services provided pursuant to this article.
A.R.S. § 36-621 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 621
36-621 Report of contagious diseases
Status: in_force

36-621. Report of contagious diseases

A person who learns that a contagious, epidemic or infectious disease exists shall immediately make a written report of the particulars to the appropriate board of health or health department. The report shall include names and residences of persons afflicted with the disease. If the person reporting is the attending physician he shall report on the condition of the person afflicted and the status of the disease at least twice each week.
A.R.S. § 36-495.14 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.14
36-495.14 Out-of-state laboratories; licensure; reciprocity
Status: in_force

36-495.14. Out-of-state laboratories; licensure; reciprocity

A. Except as provided in this section, a laboratory located outside of this state that performs compliance testing shall be licensed pursuant to this chapter. The laboratory shall pay all applicable fees and is subject to the same investigatory and disciplinary powers of the department. In addition, the department, by rule, may require that the laboratory post a bond with the department to cover the travel costs of prelicensure and postlicensure inspections and evaluations.

B. A laboratory which is located outside of this state and is licensed by this state shall renew the license by submitting an application and fee at least sixty days before the expiration of the license. The department, by rule, may also prescribe that an out-of-state application be accompanied by an additional fee to cover the costs of prerelicensure on-site evaluation and inspection.

C. The director shall designate the location of hearings held in relation to disciplinary matters or the issuance of a license.

D. The director may enter into a reciprocity agreement with the licensing agency of another state if the director determines that the licensing requirements of that state are substantially equal to those of this state. The agreement shall provide that the licensing agencies of both states shall recognize a current license issued by the other state for the purpose of meeting the licensure requirements of either state. The agreement shall also provide that both states, on the request of either state, shall conduct necessary investigations to determine compliance and shall allow on-site inspections by investigators from either state.

E. If a reciprocal state revokes, suspends or refuses to renew the license of a laboratory located in that state, this state shall recognize that action unless the laboratory notifies the department within five business days of the action that it wishes this state to undertake an independent review and investigation and posts a bond as prescribed by the department to conduct the review. If, at the conclusion of that review, this state determines that the laboratory meets the licensure requirements of this state, it shall issue a license to that laboratory on payment of all fees required by this chapter. Notwithstanding the terms of a reciprocity agreement, if either state takes action contrary to the action of the other, neither state has to recognize the license issued by the other.
A.R.S. § 36-2922 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2922
36-2922 Medical services stabilization fund; definition
Status: in_force

36-2922. Medical services stabilization fund; definition

A. Subject to the availability of monies, the medical services stabilization fund is established. The administration shall administer the fund as directed by the joint legislative budget committee pursuant to subsection E of this section.

B. The fund shall be used only to offset increases in the cost of providing levels of services established pursuant to this article.

C. Notwithstanding chapter 6, article 8 of this title, the fund may also be used to offset increases in the cost of providing levels of services established pursuant to this article to persons eligible for those services pursuant to section 36-2901, paragraph 6, subdivision (a) if the increase results from a decrease in federal funding for levels of service including a decrease in the federal match rate for levels of service provided to persons eligible pursuant to section 36-2901, paragraph 6, subdivision (a).

D. If, during a fiscal year, the administration determines that the amount the legislature appropriated for that fiscal year for services provided to persons who are determined to be eligible for services pursuant to section 36-2901, paragraph 6, subdivision (a) is insufficient to pay for unanticipated increases in the cost of providing those services, the administration shall provide written notice of the deficiency to the chairperson of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting with evidence supporting the determination of deficiency.

E. On receiving notice under subsection D of this section, the chairperson of the joint legislative budget committee shall call a public committee meeting to review the evidence of the deficiency presented by the administration. After reviewing the evidence, the committee may recommend to the administration to withdraw an amount from the fund that is equal to the deficiency to pay the increases in the cost of providing levels of service.

F. For the purposes of this section, "levels of service" means the provider payment methodology, eligibility criteria and covered services established pursuant to this article and in effect on July 1, 1993.
A.R.S. § 36-2970 — Arizona Code / Title 36 / Chapter 29 / Article 2.1 / Section 2970
36-2970 Definitions
Status: in_force

36-2970. Definitions

In this article, unless the context otherwise requires:

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

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

3. "Parent" means a parent of or the legally responsible individual for the minor child.

4. "Program" means the parents as paid caregivers program approved by the centers for medicare and medicaid services to this state's section 1115(a) demonstration waiver on February 16, 2024.
A.R.S. § 36-3912 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3912
36-3912 Violation; classification
Status: in_force

36-3912. Violation; classification

Any person who violates any provision of this article is guilty of a petty offense.
A.R.S. § 36-2151 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2151
36-2151 Definitions
Status: in_force

36-2151. Definitions

In this article, unless the context otherwise requires:

1. "Abortion" means the use of any means to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child.  Abortion does not include birth control devices, oral contraceptives used to inhibit or prevent ovulation, conception or the implantation of a fertilized ovum in the uterus or the use of any means to save the life or preserve the health of the unborn child, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.

2. "Auscultation" means the act of listening for sounds made by internal organs of the unborn child, specifically for a heartbeat, using an ultrasound transducer and fetal heart rate monitor.

3. "Bodily remains" means the physical remains, corpse or body parts of an unborn child who has been expelled or extracted from his or her mother through abortion.

4. "Conception" means the fusion of a human spermatozoon with a human ovum.

5. "Final disposition" has the same meaning prescribed in section 36-301.

6. "Genetic abnormality" has the same meaning prescribed in section 13-3603.02.

7. "Gestational age" means the age of the unborn child as calculated from the first day of the last menstrual period of the pregnant woman.

8. "Health professional" has the same meaning prescribed in section 32-3201.

9. "Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.

10. "Medication abortion" means the use of any medication, drug or other substance that is intended to cause or induce an abortion.

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

12. "Pregnant" or "pregnancy" means a female reproductive condition of having a developing unborn child in the body and that begins with conception.

13. "Probable gestational age" means the gestational age of the unborn child at the time the abortion is planned to be performed and as determined with reasonable probability by the attending physician.

14. "Surgical abortion" means the use of a surgical instrument or a machine to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will cause, with reasonable likelihood, the death of the unborn child.  Surgical abortion does not include the use of any means to increase the probability of a live birth, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus.  Surgical abortion does not include patient care incidental to the procedure.

15. "Ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes to monitor a developing unborn child.

16. "Unborn child" means the offspring of human beings from conception until birth.
A.R.S. § 36-538 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 538
36-538 Independent evaluator
Status: in_force

36-538. Independent evaluator

At all hearings conducted pursuant to sections 36-539, 36-543 and 36-546, a person has the right to have an analysis of the person's mental condition by an independent evaluator.  If the person is unable to afford an evaluation, the court shall appoint an independent evaluator acceptable to the patient from a list of physicians, psychiatric and mental health nurse practitioners with sufficient relevant experience as determined by the medical director and psychologists who are willing to accept court-appointed evaluations.
A.R.S. § 36-561 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 561
36-561 Prohibiting certain treatment or drugs; use of aversive stimuli
Status: in_force

36-561. Prohibiting certain treatment or drugs; use of aversive stimuli

A. No psychosurgery, insulin shock or electroshock treatment or experimental drugs shall be administered by the department to any client, nor shall the department license, approve or support any program or service which uses such treatment or drugs.

B. The department shall adopt rules and regulations specifying the aversive stimuli used for any developmental disabilities program or service provided directly by, licensed and supervised by, or supported by the department. Copies of such rules and regulations shall be made available to all parents, guardians, applicants and clients participating in placement evaluations. The department shall provide at least sixty days notice to all responsible persons prior to implementing any modification to such rules and regulations. No aversive stimuli shall be used or permitted by the department in any such program or service except in accordance with the adopted rules and regulations and the client's individual program plan.
A.R.S. § 36-434.02 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 434.02
36-434.02 Facility-provided multidose medication; definition
Status: in_force

36-434.02. Facility-provided multidose medication; definition

A. If a facility-provided multidose medication is ordered at least twenty-four hours before a surgical procedure and is administered to a patient at a hospital or outpatient surgical center, any unused portion of the facility-provided multidose medication may be offered to the patient on discharge if the facility-provided multidose medication is required for continuing treatment.

B. If the facility-provided multidose medication is used in an operating room or emergency department setting, the prescriber is responsible for counseling the patient on the proper use and administration of the facility-provided multidose medication and any pharmacist counseling requirement is waived.

C. A facility-provided multidose medication shall be labeled consistent with the labeling requirements under title 32, chapter 18.

D. For the purposes of this section, "facility-provided multidose medication" means any topical antibiotic or anti-inflammatory, dilation or glaucoma drop or ointment that the staff of a hospital operating room, emergency department or outpatient surgical center has ordered or retrieved from a dispensing system for a specific patient for use during a procedure or visit.
A.R.S. § 36-1973 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1973
36-1973 Qualifications for licensure
Status: in_force

36-1973. Qualifications for licensure

A. To receive a license to practice as an interpreter pursuant to this article a person shall submit an application and application fee as prescribed by the commission.

B. The applicant shall document to the commission's satisfaction that the applicant has successfully completed the education, examination and work history requirements for the specific category of license for which the licensee is applying.