A.R.S. § 36-596.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 4 / Section 596.01
36-596.01 Liens; perfection; recording; assignment; notice of lien; compromise
Status: in_force

36-596.01. Liens; perfection; recording; assignment; notice of lien; compromise

A. The department is entitled to a lien for the charges for hospital or medical care and treatment paid by the department on behalf of an injured person with a developmental disability on any and all claims of liability or indemnity for damages accruing to the person with a developmental disability on account of injuries giving rise to the claims and which necessitated the hospital or medical care and treatment.

B. The department shall perfect a lien by filing a verified written statement in the office of the county recorder in the county in which the injury occurred. This statement shall contain the following information:

1. The name and address of the injured person. The department shall not include this information if department records indicate that the injuries may be the result of a public offense as defined in section 13-105.

2. The name and address of the department.

3. The date of admission to the hospital and the date of discharge.

4. All dates on which medical or long-term care was provided.

5. The amount the department knows to be due for hospitalization, medical care and treatment including the amount for which the department is responsible.

6. The names and addresses of all persons, firms and corporations, including insurance carriers, alleged to be liable for the injuries.

C. The department shall record this information within thirty days after the injured person is discharged from a hospital or otherwise treated for injuries.

D. Within five days of its recording, the department shall mail a copy of the lien to each person, firm or corporation, including an insurance carrier listed in the lien and the person, or the parent or guardian of the person, receiving services pursuant to this article.

E. The recording of the lien is notice to all persons, firms and corporations, including insurance carriers, that are liable for damages whether or not specifically named in the lien.

F. The department may assign the lien in whole or in part to a provider that is responsible for hospital, medical or long-term care services.

G. The director shall establish by rule procedures for a provider to notify the department concerning the delivery of hospital, medical or long-term care services to a person who may have claims for damages.

H. The department may amend a lien to reflect current charges, except the department may not amend a lien after the time of final settlement of a claim pursuant to subsection A if the department is given notice of an impending settlement at least five days excluding Saturdays and holidays before the final settlement.

I. A public entity shall compromise a claim it has pursuant to section 11-291, 12-962, 36-596, 36-2903, 36-2935, 36-2956 or this section if, after considering the following factors the public entity determines that the compromise provides a settlement of the claim that is fair and equitable:

1. The nature and extent of the person's injury or illness.

2. The sufficiency of insurance or other sources of indemnity available to the person.

3. Any other factor relevant for a fair and equitable settlement under the circumstances of a particular case.
A.R.S. § 36-731 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 731
36-731 Confinement; selection; jails; prohibition
Status: in_force

36-731. Confinement; selection; jails; prohibition

A. After an afflicted person has been taken into custody pursuant to this article, the tuberculosis control officer or local health officer is responsible for selecting a facility or quarters suitable for the comfortable, safe and humane confinement of the afflicted person, if the person is not otherwise admitted or confined in a health care institution. The tuberculosis control officer or local health officer may authorize a physician, health care provider, emergency medical services personnel, ambulance or ambulance service, guardian, conservator, parent, custodian, relative or friend to transport an afflicted person to a designated institution or facility if the tuberculosis control officer or local health officer determines that the means of transportation are reliable and would not be detrimental to any person's health, safety or welfare.  A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department, the tuberculosis control officer or the local health officer.

B. An afflicted person who is not incarcerated on a criminal charge and who is the subject of an order or petition under this article shall not be confined in any prison or jail where those charged with crimes are incarcerated unless the afflicted person represents an immediate and serious danger to the staff or physical facilities of a hospital or any institution to which committed, or unless the afflicted person has failed to obey a court order or has failed to obey a lawful order of the tuberculosis control officer or local health officer issued pursuant to this article and the medical director of the receiving facility or designee has determined that no less restrictive confinement measures are appropriate. The court shall subsequently determine the appropriate level of confinement necessary during this initial consideration of the petition and the request for compulsory detention pursuant to section 36-726, subsection F.
A.R.S. § 36-2065 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2065
36-2065 Referrals; licensed sober living homes
Status: in_force

36-2065. Referrals; licensed sober living homes

A. A state agency or a state-contracted vendor that directs substance abuse treatment shall refer a person only to a licensed sober living home.

B. Only a licensed sober living home is eligible for federal or state funding to deliver sober living home services in this state.

C. Persons whose substance abuse treatment is funded with federal or state monies may be referred only to a licensed sober living home.

D. A state court shall give first consideration to a licensed sober living home when making residential recommendations for individuals under its supervision.

E. A health care institution that provides substance abuse treatment and that is licensed by the department shall refer a patient or client only to a licensed sober living home.

F. A behavioral health provider or a behavioral health professional who is licensed pursuant to title 32, chapter 33 shall refer a patient or client only to a licensed sober living home.
A.R.S. § 36-798.05 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.05
36-798.05 Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions
Status: in_force

36-798.05. Unsolicited delivery of tobacco products; violation; classification; civil penalties; definitions

A. It is unlawful for a person to deliver or cause to be delivered to any residence in this state any tobacco products unsolicited by at least one adult who resides at that address.

B. A person who knowingly violates subsection A of this section is guilty of a class 2 misdemeanor.

C. A person who violates subsection A of this section is subject to a civil penalty in an amount of not to exceed five thousand dollars for each violation.  Each delivery of a tobacco product shall constitute a separate violation.

D. The attorney general may bring an action to recover civil penalties and as determined by the court, taxable costs, such other fees and expenses reasonably incurred and reasonable attorney fees, in the name of the state for a violation of this section.  All civil penalties recovered shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund and all other monies recovered shall be deposited, pursuant to sections 35-146 and 35-147, in the antitrust enforcement revolving fund established by section 41-191.02.

E. In this section, unless the context otherwise requires:

1. "Knowingly" has the same meaning prescribed in section 13-105.

2. "Person" means an individual, partnership, firm, association, corporation, limited liability company, limited liability partnership, joint venture, or other entity, other than an individual or entity engaged in the delivery of items for hire.
A.R.S. § 36-125.07 — Arizona Code / Title 36 / Chapter 1 / Article 1.1 / Section 125.07
36-125.07 Uniform billing; third party payors; exception; definitions
Status: in_force

36-125.07. Uniform billing; third party payors; exception; definitions

A. A person, including a third party payor, who is obligated to pay a charge for any item or service that is subject to the uniform billing requirements of section 36-125.05 shall accept such billing as its principal billing format.

B. A person, including a third party payor, who is obligated to pay a charge for any item or service may require that a hospital subject to the uniform billing requirements of section 36-125.05 submit existing supplemental information in conjunction with the uniform billing form in order to substantiate billing for emergency services.  Except for the Arizona health care cost containment system and counties providing indigent health care as defined in subsection D, paragraphs 13 and 14 of this section, such person shall pay the reasonable cost to the hospital of reproducing such supplemental information that shall be related solely to such emergency services.

C. For purposes of this section:

1. "Person" includes this state, any of its agencies, boards or commissions, any political subdivision of this state and any agency, board or commission of any such political subdivision.

2. "Third party payor" means any person obligated to pay for items or services provided to another. Third party payor includes the following:

(a) Insurers as defined in section 20-104, including any insurer transacting any kind of insurance defined in title 20, chapter 2, article 2.

(b) Hospital, medical, dental and optometric service corporations as defined in section 20-822.

(c) Fraternal benefit societies as defined in section 20-861.

(d) Prepaid dental plan organizations as defined in section 20-1001.

(e) Health care services organizations as defined in section 20-1051.

(f) Any person writing disability insurance policies subject to title 20, chapter 6, article 4.

(g) Any person writing group or blanket disability insurance policies subject to title 20, chapter 6, article 5.

(h) Providers of life care contracts as defined in section 20-1801.

(i) Insurance carriers as defined in section 23-901.

(j) Insurance carriers writing motor vehicle liability policies.

(k) The Arizona health care cost containment system established pursuant to chapter 29 of this title.

(l) Counties providing indigent health care.

(m) Self-insured persons.
A.R.S. § 36-1416 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1416
36-1416 Remedies of obligee
Status: in_force

36-1416. Remedies of obligee

An obligee of a city, town or county, in addition to all other rights which may be conferred on him, and subject only to contractual restrictions binding on that person, may:

1. By mandamus, or an action or proceeding at law or in equity, compel the public housing authority, city, town or county and its officers, agents or employees to perform each and every term, provision and covenant contained in any contract of the public housing authority, city, town or county with or for the benefit of the obligee and require the carrying out of any or all such covenants and agreements of the public housing authority, city, town or county and the fulfillment of all duties imposed on the public housing authority, city, town or county 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 public housing authority, city, town or county.
A.R.S. § 36-3435 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3435
36-3435 Intergovernmental agreement; needs and resources assessment; funding and service delivery plan; definition
Status: in_force

36-3435. Intergovernmental agreement; needs and resources assessment; funding and service delivery plan; definition

A. Pursuant to section 11-952, the administration, the department of child safety, the state department of corrections, the department of education and the supreme court shall enter into an intergovernmental agreement to develop a coordinated multiagency assessment of needs and resources and to develop a plan for interagency cooperation relating to funding and service delivery for children with behavioral health problems. The plan shall designate agency areas of responsibility for delivery of services. The needs and resources assessment study shall be completed within one year after the intergovernmental agreement is entered into. The funding and service delivery plan shall be completed within two years after the agreement is entered into.

B. The administration shall require each contract that is awarded, renewed or amended with any regional behavioral health authority, subcontractor or service provider to specify that every reasonable effort must be made to provide services outside of regular school hours for any child who is placed in out-of-home care pursuant to title 8, chapter 4, article 8, 9, 10, 11, 12, 13 or 14.

C. For the purposes of this section, "services" includes appointments and activities that are not related to school.
A.R.S. § 36-1607 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1607
36-1607 Seizure; enforcement
Status: in_force

36-1607. Seizure; enforcement

A. The Arizona highway patrol or any sheriff or other peace officer shall seize, remove or cause to be removed, at the expense of the owner, all fireworks or combustibles offered or exposed for sale, stored or possessed in violation of this article.

B. In addition to the persons specified in subsection A of this section, a fire marshal working for or contracted with a city, town, fire district or county may seize, remove or cause to be removed all fireworks for sale or offered for sale in the fire marshal's jurisdiction. The city, town, fire district or county may impose a fine on the owner of the fireworks that at a minimum covers the cost of the enforcement of this subsection.

C. A person that has fireworks confiscated more than two times in a five-year period is prohibited from selling permissible consumer fireworks in this state for the three succeeding years following the most recent violation.
A.R.S. § 36-3312 — Arizona Code / Title 36 / Chapter 33 / Article 2 / Section 3312
36-3312 Parents as paid caregivers program; residency requirement
Status: in_force

36-3312. Parents as paid caregivers program; residency requirement

Subject to the approval by the centers for medicare and medicaid services, a parent must be a resident of this state for at least six months to be eligible to provide care under the parents as paid caregivers program.
A.R.S. § 36-515 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 515
36-515 Limitation of liability; false application; classification
Status: in_force

36-515. Limitation of liability; false application; classification

A. Any person acting in good faith upon either actual knowledge or reliable information who makes application for evaluation or treatment of another person pursuant to this chapter is not subject to civil or criminal liability for such act.

B. Any person who knowingly makes a false statement of a material fact with the intent to cause another to be confined under this chapter is guilty of a class 1 misdemeanor.
A.R.S. § 36-513 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 513
36-513 Seclusion; restraint; treatment
Status: in_force

36-513. Seclusion; restraint; treatment

A person undergoing evaluation pursuant to article 4 of this chapter shall not be treated for his mental disorder unless he consents to such treatment, except that seclusion and mechanical or pharmacological restraints may be employed in the case of emergency for the safety of the person or others. A person undergoing treatment pursuant to article 5 of this chapter shall not be subjected to seclusion or mechanical or pharmacological restraints except in case of emergency for the safety of the person or others or as a part of a written plan for the treatment of the patient, prepared by staff members responsible for his care and pursuant to regulations promulgated by the department. All instances of seclusion or restraint shall be properly recorded in the patient's medical record and the use shall be governed by written procedures of the agency caring for the patient and are subject to the rules and regulations of the department.
A.R.S. § 36-329 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 329
36-329 Fetal death certificate registration
Status: in_force

36-329. Fetal death certificate registration

A. A hospital, abortion clinic, physician or midwife shall submit a completed fetal death certificate to the state registrar for registration within seven days after the fetal death for each fetal death occurring in this state after a gestational period of twenty completed weeks or if the unborn child weighs more than three hundred fifty grams.

B. The requirements for registering a fetal death certificate are the same as the requirements for registering a death certificate prescribed in section 36-325.
A.R.S. § 36-2026 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2026
36-2026 Emergency admission
Status: in_force

36-2026. Emergency admission

A. A publicly intoxicated person may be brought by a peace officer or any other person to an approved local alcoholism reception center for emergency evaluation and treatment if the intoxicated person:

1. Has threatened, attempted or inflicted physical harm on self or others, and is likely to inflict physical harm on self or others unless admitted.

2. Is incapacitated by alcohol.

B. A peace officer who has reasonable cause to believe that a person is intoxicated in a public place and that the person is or may be a danger to self or others may transport the person to a local alcoholism reception center.  Unnecessary or unreasonable force shall not be used in transporting the person, and the person shall not be subjected to any greater restraint than is necessary to transport the person to the local alcoholism reception center.

C. A peace officer who has reasonable cause to believe that a person is intoxicated in a public place or a place open to the public, that the person is or may be a danger to self or others and that there is no responsible person immediately available to assist the intoxicated person may transport the person to a detention facility if both of the following apply:

1. A local alcoholism reception center or other approved facility is not available within ten miles or the peace officer has determined that the local alcoholism reception center or other approved facility is filled to capacity and has no further capacity at the present time to provide evaluation and treatment services to additional persons.

2. The peace officer has been informed by the governing body of the city or town or the board of supervisors of the county in which the peace officer is employed that the department has determined that the city, town or county has made a reasonable effort to provide adequate local alcoholism reception services for persons incapacitated by alcohol and, based on that determination, has issued a renewable three-month temporary waiver to allow the transportation of certain intoxicated persons in the city, town or county to detention facilities pursuant to this section. The determination may be made by the director of the department on application by the governing body of the city or town or the board of supervisors of a county.

D. An intoxicated person who is received or accepted by a local alcoholism reception center or detention facility shall not be subject to unnecessary or unreasonable force. The local alcoholism reception center or detention facility shall use such methods and exercise such restraint of the intoxicated person as is reasonably necessary for the safety of the person and others and consistent with this section.

E. The administrator in charge of an approved local alcoholism reception center shall discharge any person admitted pursuant to this section not more than twenty-four hours, excluding weekends and holidays, after the person requests to be discharged or after the administrator on advice of the medical staff determines that the grounds for admission no longer exist.

F. Any person who is transported to a detention facility pursuant to this section may be held in protective custody until the person is no longer intoxicated, until released to a responsible person or for a period not exceeding twelve hours, whichever occurs first.

G. Any person who is released from protective custody pursuant to this section may be transported at that person's request to a local alcoholism reception center or approved facility for evaluation and treatment if such facilities are available.

H. A person who is held in protective custody pursuant to this section is not considered to have been arrested or to have been charged with any crime and may not be fingerprinted or photographed for any reason.
A.R.S. § 36-908 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 908
36-908 Special inspection warrant; violation; classification
Status: in_force

36-908. Special inspection warrant; violation; classification

A. The director and his designees having powers and duties under this article or the rules and regulations adopted pursuant to this article involving inspection of real or personal property, including any factory, warehouse, vehicle or establishment in which foods are manufactured, processed, packed, transported or held for introduction into commerce, for the purpose of pure food control may appear before a magistrate and apply for, obtain and execute special inspection warrants in accordance with the requirements of this section.

B. Upon showing by the affidavit of the director or his designee that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent, special inspection warrants may be issued by a magistrate for inspection of any public or private real and personal properties.

C. The warrant shall be in substantially the following form:

"County of _______________, state of Arizona

To the director of the department of health

services or any designee in the state of Arizona,

Proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city, town or county) of _______________ and more particularly described as follows:

(describe the premises within reasonable particularity)

there now exists a reasonable governmental interest to determine if upon such premises there exists a violation of (section __________ of the Arizona Revised Statutes) and/or (section __________ of regulation or ordinance) you are therefore commanded in the daytime (or during reasonable business hours), to make an inspection of said premises as soon as practicable.

Date, signature and title of office."

The endorsement on the warrant shall be in substantially the following form: "Received by me __________, 19___, at __________ o'clock __________.

(Name of director or designee)."

The return of officer shall be in substantially the following form: "I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings).

Dated this __________ day of _______________, 19___.

(Name of director or designee)."

D. The warrant may be served by the director or his designee mentioned in its directions, but by no other person except in aid of the director or his designee on his requiring it, the director or his designee being present and acting in its execution.

E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time, the warrant shall unless executed be void.

F. Any person who knowingly fails or refuses to permit an inspection lawfully authorized by warrant issued pursuant to this article is guilty of a class 2 misdemeanor.
A.R.S. § 36-110 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 110
36-110 County or district liaison; duties
Status: in_force

36-110. County or district liaison; duties

A. The department shall assign a county liaison officer for each county of the state. Each county liaison officer shall function as a liaison between the department and county health officials, local health planning groups, health consumer groups, private health care agencies and programs and any other health-related concerns within such county. An officer may serve more than one county.

B. Such liaison officers may:

1. Evaluate the success of state programs, coordination and integration in local health planning.

2. Relay deficiencies of local health programs and services to the department.

3. Act as a means of input for local concerns of health to the department.

4. Work to provide successful delivery of health services at the community level.

5. Provide information on client needs and services effectiveness to the department.

C. If the director determines that regional health planning has been established for the state, he shall establish, in lieu of the county liaison officers prescribed in subsection A, district liaison offices in each of the regions that are established. Such district liaison offices shall carry out the functions prescribed by subsections A and B within such region.
A.R.S. § 36-203 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 203
36-203 Persons with intellectual disabilities assigned to state hospital; department duties
Status: in_force

36-203. Persons with intellectual disabilities assigned to state hospital; department duties

A. The department of health services shall develop and provide, in coordination with the department of economic security, specialized treatment programs for persons with an intellectual disability who have been admitted to the state hospital. The department of health services may contract with the department of economic security in providing these programs.

B. The department, to the extent practicable, shall provide separate areas at the state hospital for persons diagnosed with intellectual disabilities and, to the extent practicable, shall provide that treatment programs developed pursuant to subsection A of this section are separate from treatment programs for other patients and for separate use of facilities by persons diagnosed with intellectual disabilities.

C. The department of health services, on request of a parent or guardian of a minor with an intellectual disability or the guardian of an adult with an intellectual disability or on the request of an adult with an intellectual disability, shall notify the department of economic security before the release of that person from the state hospital and request that the department of economic security provide placement evaluation and case management services for that person. The evaluation shall consider the person's needs for housing, day programs, employment training, employment and support services.

D. The department, on the application of a parent or guardian of a minor with an intellectual disability or the guardian of an adult with an intellectual disability or on the request of an adult with an intellectual disability, when the person has been authorized for discharge from the state hospital, may provide interim care and custody for that person pending the availability of intellectual disability programs and services in accordance with section 36-556.
A.R.S. § 36-711 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 711
36-711 Definitions
Status: in_force

36-711. Definitions

In this article, unless the context otherwise requires:

1. "Active tuberculosis" means a disease that is caused by mycobacterium tuberculosis or other members of the mycobacterium tuberculosis complex family in any part of the body and that is in an active state as determined by either:

(a) A smear or culture that is taken from any source in the afflicted person's body and that tests positive for tuberculosis and the afflicted person has not completed a medically successful complete course of antituberculosis treatment.

(b) Radiographic, current clinical or laboratory bacteriological evidence that is sufficient to support a medical diagnosis of tuberculosis for which medical treatment is indicated and the person has not completed a medically successful complete course of antituberculosis treatment.

2. "Afflicted person" means a person who has or who based upon reasonable grounds is suspected of having active tuberculosis.

3. "Appropriate prescribed course of medication" means a course of medication that is prescribed by a physician and that meets the recommendations of any of the following:

(a) The tuberculosis control officer.

(b) A local health officer.

(c) The most recent guidelines of the department.

(d) The most recent guidelines of the federal centers for disease control and prevention.

4. "Cure" means a medically successful complete course of antituberculosis treatment.

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

6. "Directly observed therapy" means an appropriate prescribed course of treatment for active tuberculosis in which the prescribed antituberculosis medications are administered to the afflicted person or taken by the afflicted person under the direct observation of a physician, a physician assistant, a registered nurse, a health care provider or another designated responsible person.

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

8. "Examination" means conducting tests that include Mantoux tuberculin skin tests, laboratory examination and x-rays as recommended by any of the following:

(a) The tuberculosis control officer.

(b) A local health officer.

(c) The most recent department guidelines.

(d) The most recent guidelines of the centers for disease control and prevention.

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

10. "Incapacitated person" has the same meaning as prescribed in section 14-5101.

11. "Institution" means any public or private hospital, rest home, sanatorium, health care institution or other facility approved by the department for the care and treatment of afflicted persons.

12. "Intervention" means treatment, monitoring, quarantine or isolation or any combination thereof.

13. "Isolation" means the physical separation of afflicted persons from others in order to limit the transmission of active tuberculosis.

14. "Local health officer" means the health officer and other persons who are designated by the local health officer.

15. "Medical director" means an individual at a receiving facility who is either a licensed physician or a hospital administrator acting upon the advice of a licensed physician who is authorized by the facility to make any decisions concerning afflicted persons as prescribed by this article.

16. "Medically successful complete course of antituberculosis treatment" means that an afflicted person has successfully completed a prescribed course of antituberculosis treatment and has been medically discharged from further medical treatment for tuberculosis by a licensed physician.

17. "Minor" means a child under the age of eighteen years of age, except as provided by the provisions of section 44-132.

18. "Monitoring" means a program of supervision designed to monitor the health and activities of an afflicted person. Monitoring includes ensuring compliance with an appropriate prescribed course of medication or medical therapy and with the recommendations and orders of the tuberculosis control officer or a local health officer.

19. "Quarantine" means the restriction of activities of persons who have been exposed to an afflicted person.

20. "Treatment" means medication or medical therapy prescribed by a licensed physician to cure a person of active tuberculosis.

21. "Tuberculosis control officer" means a person appointed by the director to be the chief tuberculosis control officer for tuberculosis control in this state and other persons who are designated by the control officer.

22. "Voluntary treatment plan" means a written plan that is developed by a medical authority, that has been approved by the tuberculosis control officer or the local health officer and that prescribes one or more of the following on a voluntary basis:

(a) Examination.

(b) Monitoring.

(c) Treatment.

(d) Isolation.

(e) Quarantine.
A.R.S. § 36-575 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 575
36-575 Contracting requirements; art therapy services; definition
Status: in_force

36-575. Contracting requirements; art therapy services; definition

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

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

C. For the purposes of this section, "art therapy" means the interactive use of psychotherapeutic principles and methods from an individual with master's level training in art media, the neurobiological implications of art-making and art-based assessment models to facilitate alternative modes of receptive and expressive communication and to define and implement therapeutic interventions to meet cognitive, developmental, behavioral and emotional needs.
A.R.S. § 36-2850 — Arizona Code / Title 36 / Chapter 28.2 / Section 2850
36-2850 Definitions
Status: in_force

36-2850. Definitions

(Caution:  1998 Prop. 105 applies)

In this chapter, unless the context requires otherwise:

1. "Advertise," "advertisement" and "advertising" mean any public communication in any medium that offers or solicits a commercial transaction involving the sale, purchase or delivery of marijuana or marijuana products.

2. "Child-resistant" means designed or constructed to be significantly difficult for children under five years of age to open, and not difficult for normal adults to use properly.

3. "Consume," "consuming" and "consumption" mean the act of ingesting, inhaling or otherwise introducing marijuana into the human body.

4. "Consumer" means an individual who is at least twenty-one years of age and who purchases marijuana or marijuana products.

5. "Cultivate" and "cultivation" mean to propagate, breed, grow, prepare and package marijuana.

6. "Deliver" and "delivery" mean the transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment.

7. "Department" means the department of health services or its successor agency.

8. "Designated caregiver" has the same meaning prescribed in section 36-2801.

9. "Dual licensee" means an entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license.

10. "Early applicant" means either of the following:

(a) An entity seeking to operate a marijuana establishment in a county with fewer than two registered nonprofit medical marijuana dispensaries.

(b) A nonprofit medical marijuana dispensary that is registered and in good standing with the department.

11. "Employee," "employer," "health care facility," and "places of employment" have the same meanings prescribed in the smoke-free Arizona act, section 36-601.01.

12. "Excluded felony offense" has the same meaning prescribed in section 36-2801.

13. "Good standing" means that a nonprofit medical marijuana dispensary is not the subject of a pending notice of intent to revoke issued by the department.

14. "Independent third-party laboratory" has the same meaning prescribed in section 36-2801.

15. "Industrial hemp" has the same meaning prescribed in section 3-311.

16. "Licensee" means a person that obtains a license pursuant to section 36-2854.

17. "Locality" means a city, town or county.

18. "Manufacture" and "manufacturing" mean to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

19. "Marijuana":

(a) Means all parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin.

(b) Includes cannabis as defined in 13-3401.

(c) Does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

20. "Marijuana concentrate":

(a) Means resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol.

(b) Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products.

21. "Marijuana establishment" means an entity that is licensed by the department to operate all of the following:

(a) A single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products.

(b) A single off-site cultivation location at which the licensee may cultivate marijuana, process marijuana and manufacture marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

(c) A single off-site location at which the licensee may manufacture marijuana products and package and store marijuana and marijuana products, but from which marijuana and marijuana products may not be transferred or sold to consumers.

22. "Marijuana facility agent" means a principal officer, board member or employee of a marijuana establishment or marijuana testing facility who is at least twenty-one years of age and who has not been convicted of an excluded felony offense.

23. "Marijuana products" means marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments and tinctures.

24. "Marijuana testing facility" means the department or another entity that is licensed by the department to analyze the potency of marijuana and test marijuana for harmful contaminants.

25. "Nonprofit medical marijuana dispensary" has the same meaning prescribed in section 36-2801.

26. "Nonprofit medical marijuana dispensary agent" has the same meaning prescribed in section 36-2801.

27. "Open space" means a public park, public sidewalk, public walkway or public pedestrian thoroughfare.

28. "Process" and "processing" mean to harvest, dry, cure, trim or separate parts of the marijuana plant.

29. "Public place" has the same meaning prescribed in section 36-601.01.

30. "Qualifying patient" has the same meaning prescribed in section 36-2801.

31. "Smoke" means to inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic.
A.R.S. § 36-1940.02 — Arizona Code / Title 36 / Chapter 17 / Article 4 / Section 1940.02
36-1940.02 Waiver of licensure and examination requirements
Status: in_force

36-1940.02. Waiver of licensure and examination requirements

A. The advisory committee appointed under section 36-1902 may recommend to the director a waiver of the educational requirements of sections 36-1940 and 36-1940.01 if an applicant submits proof satisfactory to the department that the applicant received professional education in another country equivalent to the education and practicum requirements of this article.

B. The department shall waive the examination requirements of section 36-1940.01 under either of the following conditions:

1. The applicant presents proof satisfactory to the department that the applicant is currently licensed in a state, district or territory of this country that has standards that are at least equivalent to those of this state.

2. The applicant holds a certificate of clinical competence in speech-language pathology from a nationally recognized speech-language hearing association approved by the department in the field for which the applicant is applying for licensure.

C. The department shall waive the education and clinical rotation requirements of section 36-1940 if an applicant submits proof satisfactory to the director that the applicant either:

1. Is currently licensed in a state that has standards that are at least equivalent to those of this state.

2. Has a master's degree in audiology that was awarded by an accredited program before December 31, 2007 and has completed postgraduate professional experience in audiology as approved by the director.

D. The department shall waive the audiology examination requirements of section 36-1940 if either:

1. The applicant presents proof satisfactory to the department that the applicant is currently licensed and practicing audiology in this state or in another state that has standards that are at least equivalent to those of this state.

2. The applicant presents proof satisfactory to the department that the applicant is currently practicing audiology under the authority and supervision of an agency of the United States government or of another board, agency or department of another state and holds a certificate in audiology from a recognized credentialing body approved by the director.

E. The department shall waive the hearing aid dispensing examination requirements of section 36-1940 if:

1. The applicant presents proof satisfactory to the department that the applicant holds a current license that includes dispensing and that is issued by another state that has standards that are at least equivalent to those of this state.

2. The applicant passes an examination approved by the director in jurisprudence and ethics related to this chapter within six months after initial licensure.  The director shall offer the examination at least four times each calendar year.
A.R.S. § 36-902 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 902
36-902 Prohibited acts
Status: in_force

36-902. Prohibited acts

The following acts and the causing thereof within the state of Arizona are prohibited:

1. The manufacture, sale, delivery, holding or offering for sale of any food that is known to be adulterated or misbranded.

2. The adulteration or misbranding of any food.

3. The receipt in commerce of any food that is known to be adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

4. The dissemination of any false advertisement with respect to a food.

5. The giving of a guaranty or undertaking as provided for in section 36-914 which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the state of Arizona from whom he received the food in good faith.

6. The removal or disposal of a detained or embargoed food in violation of section 36-910.

7. The intentional alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of a food, or the doing of any other act with respect to a food, if such act is done while such food is held for sale and results in such food being adulterated or misbranded.

8. Forging, counterfeiting, simulating or falsely representing, or without proper authority using, any mark, stamp, tag, label or other identification device authorized or required by regulations promulgated under the provisions of this article or of the federal act.
A.R.S. § 36-897.05 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.05
36-897.05 Inspection of child care group homes
Status: in_force

36-897.05. Inspection of child care group homes

A. The department or designated local health departments or its agents may at any time visit, during hours of operation, and inspect a child care group home in order to determine whether it is certified and is being conducted in compliance with applicable law, this article and rules adopted pursuant to this article.

B. The department shall visit each child care group home as often as necessary to assure continued compliance with this article and the rules adopted pursuant to this article. At least one unannounced visit shall be made annually.
A.R.S. § 36-1415 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1415
36-1415 Housing bonds as security or legal investment
Status: in_force

36-1415. Housing bonds as security or legal investment

A. The bonds or other obligations of a public housing authority, city, town or county issued for a housing project under the authority of this article or other law of this state, or issued by any public housing authority or agency of the United States, and secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, shall constitute:

1. Authorized security for the deposit of public monies.

2. Authorized security for use in compliance with any law requiring deposits of securities to be made with any public agency.

3. Legal investments for monies subject to investment, held by or under the control of any officer or public body of the state or of any political subdivision or municipal corporation.

4. Legal investments for the sinking funds, trust funds or other monies belonging to or under the control of:

(a) Banks, savings banks and other persons carrying on a banking business.

(b) Insurance companies and other persons carrying on an insurance business.

(c) Executors, administrators, guardians, trustees or other fiduciaries.

B. This article does not relieve any public officer, corporation, fiduciary or other person from the duty of exercising reasonable care in the selection of securities.
A.R.S. § 36-406 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 406
36-406 Powers and duties of the department
Status: in_force

36-406. Powers and duties of the department

In addition to its other powers and duties:

1. The department shall:

(a) Administer and enforce this chapter and the rules, regulations and standards adopted pursuant thereto.

(b) Review, and may approve, plans and specifications for construction or modification or additions to health care institutions regulated by this chapter.

(c) Have access to books, records, accounts and any other information of any health care institution reasonably necessary for the purposes of this chapter.

(d) Require as a condition of licensure that nursing care institutions and assisted living facilities make vaccinations for influenza and pneumonia available to residents on site on a yearly basis.  The department shall prescribe the manner by which the institutions and facilities shall document compliance with this subdivision, including documenting residents who refuse to be immunized.  The department shall not impose a violation on a licensee for not making a vaccination available if there is a shortage of that vaccination in this state as determined by the director.

2. The department may:

(a) Make or cause to be made inspections consistent with standard medical practice of every part of the premises of health care institutions which are subject to the provisions of this chapter as well as those which apply for or hold a license required by this chapter.

(b) Make studies and investigations of conditions and problems in health care institutions, or any class or subclass thereof, as they relate to compliance with this chapter and rules, regulations and standards adopted pursuant thereto.

(c) Develop manuals and guides relating to any of the several aspects of physical facilities and operations of health care institutions or any class or subclass thereof for distribution to the governing authorities of health care institutions and to the general public.
A.R.S. § 36-2051 — Arizona Code / Title 36 / Chapter 18 / Article 3 / Section 2051
36-2051 Definition of federal act
Status: in_force

36-2051. Definition of federal act

In this article, "federal act" means the drug abuse office and treatment act of 1972 and regulations adopted pursuant to that act.
A.R.S. § 36-2853 — Arizona Code / Title 36 / Chapter 28.2 / Section 2853
36-2853 Violations; classification; civil penalty; additional fine; enforcement
Status: in_force

36-2853. Violations; classification; civil penalty; additional fine; enforcement

(Caution:  1998 Prop. 105 applies)

A. Notwithstanding any other law and except as otherwise provided in this chapter, a person who possesses an amount of marijuana greater than the amount allowed pursuant to section 36-2852, but not more than two and one-half ounces of marijuana, of which not more than twelve and one-half grams is in the form of marijuana concentrate, is guilty of a petty offense.

B. Notwithstanding any other law, a person who is under twenty-one years of age and who possesses, consumes, transports or transfers without remuneration one ounce or less of marijuana, of which not more than five grams is in the form of marijuana concentrate, or paraphernalia relating to the consumption of marijuana or marijuana products:

1. For a first violation, shall pay a civil penalty of not more than $100 to the smart and safe Arizona fund established by section 36-2856 and in the court's discretion may be ordered to attend up to four hours of drug education or counseling.

2. For a second violation, is guilty of a petty offense, and in the court's discretion may be ordered to attend up to eight hours of drug education or counseling.

3. For a third or subsequent violation, is guilty of a class 1 misdemeanor.

C. A person who smokes marijuana in a public place or open space is guilty of a petty offense.

D. Except as otherwise provided in chapter 28.1 of this title and notwithstanding any other law, any unlicensed person who cultivates marijuana plants pursuant to section 36-2852 where they are visible from public view without using binoculars, aircraft or other optical aids or outside of an enclosed area that is equipped with a lock or other security device that prevents access by minors is guilty of:

1. For a first violation, a petty offense.

2. For a second or subsequent violation, a class 3 misdemeanor.

E. A person who is under twenty-one years of age and who misrepresents the person's age to any other person by means of a written instrument of identification or who uses a fraudulent or false written instrument of identification with the intent to induce a person to sell or otherwise transfer marijuana or a marijuana product to the person who is under twenty-one years of age is guilty of:

1. For a first violation, a petty offense.

2. For a second or subsequent violation, a class 1 misdemeanor.

F. A person who is under twenty-one years of age and who solicits another person to purchase marijuana or a marijuana product in violation of this chapter is guilty of:

1. For a first violation, a petty offense.

2. For a second or subsequent violation, a class 3 misdemeanor.
A.R.S. § 36-445.04 — Arizona Code / Title 36 / Chapter 4 / Article 5 / Section 445.04
36-445.04 Freestanding urgent care center incident reporting; confidentiality requirement
Status: in_force

36-445.04. Freestanding urgent care center incident reporting; confidentiality requirement

If a patient's death occurs at a freestanding urgent care center, the center shall report the death to the department not later than the next department workday. The department shall not release personally identifiable patient or physician information.
A.R.S. § 36-425.06 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.06
36-425.06 Secure behavioral health residential facilities; license; annual report; definition
Status: in_force

36-425.06. Secure behavioral health residential facilities; license; annual report; definition

A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill, who are chronically resistant to treatment for a mental disorder and who are placed in the facility pursuant to a court order issued pursuant to section 36-550.09 or who have been committed pursuant to a court order issued pursuant to section 13-4521. A secure behavioral health residential facility may provide services only to persons placed in or committed to the facility pursuant to a court order issued pursuant to section 36-550.09 or 13-4521 and may not provide services to any other persons on that facility's premises. Patients who are committed pursuant to section 36-550.09 may not be treated in a secure behavioral health residential facility that treats patients who are committed pursuant to section 13-4521. A secure behavioral health residential facility may not have more than sixteen beds.

B. On or before September 1 of each year, the director of the Arizona health care cost containment system administration shall submit a report to the governor, the legislature and the supreme court that includes all of the following information:

1. An accounting of where the monies appropriated to the Arizona health care cost containment system administration for secure behavioral health residential facilities were used during the previous year.

2. The number of available beds in each secure behavioral health residential facility.

C. For the purposes of this section, "secure" means premises that limit a patient's egress in the least restrictive manner consistent with the patient's court-ordered treatment plan.
A.R.S. § 36-2926 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2926
36-2926 Use of cost savings; preparation of budget recommendations; cooperation of other agencies
Status: in_force

36-2926. Use of cost savings; preparation of budget recommendations; cooperation of other agencies

A. The administration shall use the cost savings generated from agreements entered into pursuant to section 36-2925 to supplement monies that are appropriated by the legislature. The administration shall use the cost savings to:

1. Subject to title 41, chapter 4, article 4, develop and operate employee recruitment and retention programs that may include creating positions, special salary plans and pay practices and performance compensation programs approved by the director and the department of administration.

2. Implement technology projects to upgrade hardware or software used by the administration in the operation of the system.

B. The governor's office of strategic planning and budgeting and the joint legislative budget committee shall not recommend using the cost savings generated by section 36-2925 to supplant state or federal monies used for the operation or administration of the programs operated by the administration.

C. The department of administration shall assist the administration in developing and operating employee recruitment and retention programs specified in subsection A of this section.
A.R.S. § 36-533 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 533
36-533 Petition for treatment
Status: in_force

36-533. Petition for treatment

A. The petition for court-ordered treatment shall allege:

1. That the patient is in need of a period of treatment because the patient, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability.

2. The treatment alternatives that are appropriate or available.

3. That the patient is unwilling to accept or incapable of accepting treatment voluntarily.

B. The petition shall be accompanied by the affidavits of the two physicians who participated in the evaluation and by the affidavit of the applicant for the evaluation, if any. In a county with a population of less than five hundred thousand persons, the petition may be accompanied by the affidavits of one physician and either one physician assistant who is experienced in psychiatric matters or one psychiatric and mental health nurse practitioner who conducted an independent evaluation and by the affidavit of the applicant for the evaluation, if any. The affidavits of the physicians or other health professionals shall describe in detail the behavior that indicates that the person, as a result of mental disorder, is a danger to self or to others or has a persistent or acute disability or a grave disability and shall be based on the physician's or other health professional's observations of the patient and study of information about the patient.  A summary of the facts that support the allegations of the petition shall be included.  The affidavit shall also include any of the results of the physical examination of the patient if relevant to the patient's psychiatric condition.

C. The petition shall request the court to issue an order requiring the person to undergo a period of treatment. If a prosecutor filed a petition pursuant to section 13-4517, the petition must be accompanied by any known criminal history of the person and any previous findings of incompetency.

D. If the petition requests the court to determine that the patient is chronically resistant to treatment pursuant to section 36-550.09, the petition shall allege the facts that support the request.

E. The petition shall also include:

1. A statement that in the opinion of the petitioner the person does or does not require guardianship or conservatorship, or both, under title 14 and the reasons on which the statement is based.

2. A request that the court order an independent investigation and report for the court if in the opinion of the petitioner the person does require guardianship or conservatorship, or both.

3. A statement that in the opinion of the petitioner the person does or does not require temporary guardianship or conservatorship, or both, and the reasons on which the statement is based.

4. A request that the court appoint a temporary guardian or conservator, or both, if in the opinion of the petitioner the person does require temporary guardianship or conservatorship, or both.

5. If the person has an existing guardian, a statement identifying the existing guardian and a request that the court consider imposing additional duties on the existing guardian pursuant to section 14-5312.01.

F. If the petition contains a request for court action pursuant to subsection E of this section, a copy of the petition shall be mailed to any person or agency that is nominated as guardian or conservator or the person who is identified as an existing guardian.

G. A copy of all petitions shall be mailed to the superintendent of the Arizona state hospital.

H. On the filing of a petition for court-ordered treatment, if the patient is not detained in an evaluation agency when the petition is filed, the petition shall contain a statement of any facts and circumstances that lead the petitioner to believe that the proposed patient may be safely transported to the evaluation agency pursuant to section 36-535 by an authorized transporter, if available in the jurisdiction, without the assistance of a peace officer.
A.R.S. § 36-3415 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3415
36-3415 Behavioral health expenditures; annual reports
Status: in_force

36-3415. Behavioral health expenditures; annual reports

A. The administration shall report annually to the joint legislative budget committee on each fiscal year's medicaid and nonmedicaid behavioral health expenditures, including behavioral health demographics that include client income, utilization and expenditures, medical necessity oversight practices, tracking of high-cost beneficiaries, mortality trends, placement trends, program integrity and access to services.

B. The administration shall report annually to the joint legislative budget committee and the chairpersons of the health and human services committees of the senate and the house of representatives, or their successor committees. The report shall be in a substantially comparable format as the fiscal year 2014-2015 annual report of the department of health services submitted pursuant to this section and shall include the following information relating to individuals living with serious mental illness:

1. Annual mortality. The administration and the department of health services shall enter into a data sharing agreement for the purposes of vital records information necessary for the report under this subsection.

2. Complaints received from individuals with serious mental illness or their representatives regarding access to services by geographic service area and eligibility category.

3. Enrollment by geographic service area and eligibility category.

4. Demographics by geographic service area and eligibility category, including:

(a) Age.

(b) Gender.

(c) Race.

(d) Student status.

(e) Employment status.

(f) Percentage incarcerated in the preceding year.

(g) Percentage who are homeless.

(h) Type of disability, if the individual is deaf, hard of hearing or deafblind.

5. Per capita expenditures by geographic service area and eligibility category for the following:

(a) The number receiving services.

(b) Per capita expenditures.

(c) The number receiving services and per capita costs per service category.

6. Per capita expenditures by service type and eligibility category for the following:

(a) Support services.

(b) Inpatient services.

(c) Pharmacy.

(d) Rehabilitation services.

(e) Treatment services.

(f) Medical services.

(g) Crisis intervention services.

7. Average length of stay and readmission rates by eligibility category for the following settings:

(a) Level I.

(b) Level I subacute.

(c) Behavioral health residential facilities.

8. Beginning with information from state fiscal year 2022-2023 and annually thereafter, for individuals living with serious mental illness, by geographic service area:

(a) The number of individuals who are on a waitlist maintained by the administration or its contractors for a type of housing and the length of time that each individual was on the waitlist.

(b) The criteria and process that the administration or its contractors use to assign an individual to the housing waitlist or to move an individual up or down on the housing waitlist in prioritizing housing placement.
A.R.S. § 36-137 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 137
36-137 Annual report of director
Status: in_force

36-137. Annual report of director

The director shall submit annually to the governor, the president of the senate and the speaker of the house of representatives a copy of the annual report setting forth:

1. The condition of public health in the state.

2. The activities of the department during the preceding fiscal year.

3. The work done in each county.

4. The character and extent of all diseases reported.

5. The expenditures of the department and of each county or district health department.

6. Recommendations the director deems advisable for protection of the public health.

7. The financial statement of the affairs of the Arizona state hospital.

8. The operations and administration of the program of service for children with a physical disability or who are suffering from conditions that lead to a physical disability.
A.R.S. § 36-338 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 338
36-338 Certificates of foreign birth for adoptees
Status: in_force

36-338. Certificates of foreign birth for adoptees

A. The state registrar shall create and register a state of Arizona certificate of foreign birth for an adopted person who satisfies all of the following:

1. Was born in a foreign country.

2. Is not a United States citizen.

3. Has gone through a completed adoption process in a foreign country before coming to the United States.

4. Has an IR-3 stamped passport.

B. Before the state registrar creates and registers a certificate of foreign birth, either a state court, an adoptive parent or an adult adopted person must submit the following:

1. An adoption decree or other official document finalizing the adoption from the country of the adopted person's birth that has been translated into English.

2. A copy of the passport page showing the IR-3 stamp.

C. Before the state registrar creates and registers a certificate of foreign birth for a parent of an adopted child who has been issued an IR-3 visa and who has completed a readoption process in a court in this state, the parent must provide either of the following:

1. An original state of Arizona certificate of adoption issued by a court in this state.

2. A certified court order of adoption issued by a court in this state and either a birth certificate from the country of the adopted person's birth that has been translated into English or any other written documentation that establishes the date and place of the adopted person's birth and that has been translated into English.

D. If the adopted person does not have an IR-3 stamped passport, before the state registrar creates and registers a certificate pursuant to this section an adoptive parent or an adult adopted person must submit either:

1. An original state of Arizona certificate of adoption issued by a court in this state.

2. A certified court order of adoption issued by a court in this state and either a birth certificate from the country of the adopted person's birth that has been translated into English or any other written documentation that establishes the date and place of the adopted person's birth and that has been translated into English.

3. If the person was not adopted in this state, a court order issued in this state that recognizes the adoption pursuant to section 36-336.

E. The state registrar shall not create and register a state of Arizona certificate of foreign birth for an adopted person who was born in a foreign country and who was a United States citizen at the time of birth. The state registrar shall inform the adoptive parents or the adult adopted person that a birth certificate may be obtained through the United States department of state.

F. A state of Arizona certificate of foreign birth for an adopted person must show the country of birth and state that the certificate is not evidence of United States citizenship for the person for whom it is issued.
A.R.S. § 36-2229 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2229
36-2229 Emergency administration of inhalers; authorized entities; training; immunity; definitions
Status: in_force

36-2229. Emergency administration of inhalers; authorized entities; training; immunity; definitions

A. A physician who is licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner who is licensed pursuant to title 32, chapter 15 may prescribe inhalers and spacers or holding chambers in the name of an authorized entity for use in accordance with this section, and pharmacists may dispense inhalers and spacers or holding chambers pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this section is valid for two years.

B. An authorized entity may acquire and stock a supply of inhalers and spacers or holding chambers pursuant to a prescription issued in accordance with this section. The inhalers shall be stored in a location that is readily accessible in an emergency and in accordance with the inhaler's instructions for use. An authorized entity shall designate employees or agents who have completed the training required by subsection D of this section to be responsible for the storage, maintenance, control and general oversight of the inhalers and spacers or holding chambers acquired by the authorized entity.

C. If an employee or agent of an authorized entity or another individual who has completed the training required by subsection D of this section believes in good faith that an individual is experiencing respiratory distress, the employee, agent or other individual may provide and administer an inhaler to that individual or may provide an inhaler to the parent, guardian or caregiver of that individual, for immediate administration, regardless of whether the individual who is believed to be experiencing respiratory distress has a prescription for an inhaler and spacer or holding chamber or has previously been diagnosed with a condition requiring an inhaler.

D. An employee, agent or other individual described in subsection B or C of this section shall complete initial training for the use of inhalers and, at least every two years thereafter, shall complete subsequent training. The training shall be conducted by a nationally recognized organization that is experienced in training laypersons in emergency health treatment. Training may be conducted online or in person and, at a minimum, shall cover:

1. How to recognize signs and symptoms of respiratory distress.

2. Standards and procedures for the storage and administration of an inhaler.

3. Emergency follow-up procedures after the administration of an inhaler.

E. The organization that conducts the training required by subsection D of this section shall issue a certificate to each person who successfully completes the training.

F. The administration of an inhaler pursuant to this section is not the practice of medicine or any other profession that otherwise requires licensure.

G. Physicians licensed pursuant to title 32, chapter 13 or 17 and nurse practitioners licensed pursuant to title 32, chapter 15 who prescribe an inhaler and spacer or holding chamber in the name of an authorized entity, authorized entities and employees and agents of authorized entities that provide or administer inhalers and organizations that provide training pursuant to subsection D of this section are immune from civil liability with respect to all decisions made and actions or omissions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

H. The immunity from civil liability provided in subsection G of this section does not affect a manufacturer's product liability regarding the design, manufacturing or instructions for use of an inhaler and spacer or holding chamber.

I. An authorized entity may accept monetary donations to purchase inhalers and spacers or holding chambers and may accept donations of inhalers and spacers or holding chambers directly from the product manufacturer.

J. For the purposes of this section:

1. "Authorized entity" means any entity or organization in connection with or at which allergens capable of causing respiratory distress symptoms may be present, including recreation camps, day care facilities, private schools, preschools, youth sports leagues, amusement parks, restaurants and sports arenas.

2. "Bronchodilator" means albuterol or another short-acting bronchodilator that is approved by the United States food and drug administration to treat respiratory distress.

3. "Inhaler" means a device that delivers a bronchodilator to alleviate symptoms of respiratory distress, that is manufactured in the form of a metered-dose inhaler or dry-powder inhaler and that includes a spacer or holding chamber that attaches to the inhaler to improve the delivery of the bronchodilator.

4. "Respiratory distress" includes the perceived or actual presence of coughing, wheezing or shortness of breath.
A.R.S. § 36-897.11 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.11
36-897.11 Injunctions; definition
Status: in_force

36-897.11. Injunctions; definition

A. If the department believes that a child care group home is operating under conditions that may cause serious harm to children, the department shall notify the attorney general or the county attorney of the county in which the child care group home is located who shall immediately seek a restraining order and injunction against the home.

B. For the purposes of this section, "serious harm" means a substantial physical injury.
A.R.S. § 36-752 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 752
36-752 Licensure; exceptions
Status: in_force

36-752. Licensure; exceptions

A. Except as provided in subsection B of this section, no person may act as a midwife without being licensed pursuant to this article.

B. The following persons are exempt from the licensure requirements of this section:

1. A physician licensed pursuant to title 32 who is permitted within his scope of practice to deliver infants.

2. A registered nurse certified by the state board of nursing as a qualified nurse-midwife.

3. A person acting under the direction and supervision of a physician licensed pursuant to title 32 who is permitted within his scope of practice to deliver infants.

4. A student of midwifery in the course of taking an internship, preceptorship or clinical training program, who is under the direction and supervision of a midwife licensed pursuant to this article.

5. A person who has no prearranged agreement to provide delivery assistance, but who delivers a baby as a result of an emergency situation.

6. A mother or father delivering their own infant.
A.R.S. § 36-3501 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3501
36-3501 State child fatality review team; membership; duties; reporting requirements
Status: in_force

36-3501. State child fatality review team; membership; duties; reporting requirements

A. The state child fatality review team is established in the department of health services. The state team is composed of the head of the following entities or that person's designee:

1. Attorney general.

2. Office of women's and children's health in the department of health services.

3. Arizona health care cost containment system.

4. Division of developmental disabilities in the department of economic security.

5. Department of child safety.

6. Governor's office of youth, faith and family.

7. Administrative office of the courts' parent assistance program.

8. Department of juvenile corrections.

9. Arizona chapter of a national pediatric society.

B. The director of the department of health services shall appoint the following members to serve on the state team:

1. A medical examiner who is a forensic pathologist.

2. A maternal and child health specialist who is involved with the treatment of native Americans.

3. A representative of a private nonprofit organization of tribal governments in this state.

4. A representative of the Navajo tribe.

5. A representative of the United States military family advocacy program.

6. A representative of a statewide prosecuting attorneys advisory council.

7. A representative of a statewide law enforcement officers advisory council who is experienced in child homicide investigations.

8. A representative of an association of county health officers.

9. A child advocate who is not employed by or an officer of this state or a political subdivision of this state.

10. A local child fatality review team member.

C. The state team shall:

1. Develop a child fatalities data collection system.

2. Provide training to cooperating agencies, individuals and local child fatality review teams on the use of the child fatalities data system.

3. Conduct an annual statistical report on the incidence and causes of child fatalities in this state during the past year and submit a copy of this report, including its recommendations for action, to the governor, the president of the senate and the speaker of the house of representatives on or before November 15 of each year. The report shall include available information regarding plans for or progress toward implementation of recommendations. Recommendations made to a state agency, board or commission shall require a written response indicating whether the agency is capable of implementing the recommendations within its existing authority and resources, including any applicable implementation plan, to the governor, the president of the senate, the speaker of the house of representatives and the state child fatality review team within sixty days after the report is submitted.

4. Encourage and assist in the development of local child fatality review teams.

5. Develop standards and protocols for local child fatality review teams and provide training and technical assistance to these teams.

6. Develop protocols for child fatality investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.

7. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable child fatalities and, as appropriate, take steps to implement these changes.

8. Provide case consultation on individual cases to local teams if requested.

9. Educate the public regarding the incidence and causes of child fatalities as well as the public's role in preventing these deaths.

10. Designate a state team chairperson.

11. Develop and distribute an informational brochure that describes the purpose, function and authority of the state team. The brochure shall be available at the offices of the department of health services.

12. Beginning January 1, 2025, conduct an annual statistical report on the incidence and causes of child fatalities and near fatalities identified by the department of child safety pursuant to section 8-807.01 for the past year and submit a copy of this report, including its recommendations for action, to the governor, the president of the senate and the speaker of the house of representatives on or before November 15 of each year. The report shall include available information regarding plans for or progress toward implementation of recommendations.  Recommendations made to a state agency, board or commission shall require a written response indicating whether the agency is capable of implementing the recommendations within its existing authority and resources, including any applicable implementation plan, to the governor, the president of the senate, the speaker of the house of representatives and the state child fatality review team within sixty days after the report is submitted.

13. Inform the governor and the legislature of the need for specific recommendations regarding sudden unexpected infant death.

14. Periodically review the infant death investigation checklist developed by the department of health services pursuant to section 36-3506. In reviewing the checklist, the state team shall consider guidelines endorsed by national infant death organizations.

D. State team members are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The department of health services shall provide professional and administrative support to the state team.

F. Notwithstanding subsections C and D of this section, this section does not require expenditures above the revenue available from the child fatality review fund.
A.R.S. § 36-522 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 522
36-522 Voluntary evaluations; consent; failure to complete; definitions
Status: in_force

36-522. Voluntary evaluations; consent; failure to complete; definitions

A. On receipt of an application for court-ordered evaluation, if the petition for court-ordered evaluation is not filed because it has been determined that the proposed patient will voluntarily receive an evaluation and is unlikely to present a danger to self or others until the voluntary evaluation, the evaluation agency provided for by the county, or a licensed behavioral health provider selected by the proposed patient, shall be immediately notified by the evaluation agency and shall provide a voluntary evaluation of the proposed patient at a scheduled time and place within ten days after the notice. The voluntary evaluation may be on an inpatient or outpatient basis and on completion shall be immediately delivered to the evaluation agency provided for by the county. The evaluation agency provided for by the county shall confirm receipt of the voluntary evaluation. If the voluntary evaluation recommends that the patient receive a court-ordered evaluation, the recommendation must be accompanied with an application for court-ordered evaluation.

B. Voluntary inpatient evaluation is subject to article 3 of this chapter. Informed consent for voluntary inpatient evaluation may be granted by the person, the person's court-appointed guardian with inpatient authority or the person's designated agent pursuant to a power of attorney that includes authority to consent to inpatient evaluation or treatment.

C. Voluntary outpatient evaluation shall conform to the requirements of section 36-530, subsection D and section 36-531, subsections B, C and D and shall proceed only after the person to be evaluated has given consent to be evaluated by signing a form prescribed by the director that includes information to the proposed patient that the patient-physician privilege does not apply and that the voluntary outpatient evaluation may result in a petition for the person to undergo court-ordered treatment or for guardianship. Informed consent for voluntary outpatient evaluation may be granted by the person, the person's court-appointed guardian or the person's designated agent pursuant to a power of attorney that includes authority to consent to evaluation or treatment.

D. If the person who requested a voluntary evaluation does not appear or does not complete the appointments scheduled, the evaluation agency provided for by the county shall be immediately notified by the provider who was to conduct the voluntary evaluation. The evaluation agency shall then provide prepetition screening of the application for court-ordered evaluation in accordance with sections 36-521 and 36-521.01.

E. For the purposes of this section:

1. "Licensed behavioral health provider" means any of the following:

(a) A person who is licensed pursuant to title 32, chapter 33 and whose scope of practice allows the person to either:

(i) Independently engage in the practice of behavioral health.

(ii) Except for a licensed addiction technician, engage in the practice of behavioral health under direct supervision.

(b) A psychiatrist.

(c) A psychologist who is licensed pursuant to title 32, chapter 19.1.

(d) A registered nurse practitioner who is licensed pursuant to title 32, chapter 15 and who is certified as an adult psychiatric and mental health nurse.

2. "Practice of behavioral health" has the same meaning prescribed in section 32-3251.
A.R.S. § 36-3285 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3285
36-3285 Revocation; disqualification of agent
Status: in_force

36-3285. Revocation; disqualification of agent

A. Except during times when the principal has been found to be incapable as defined in section 36-3281, a principal under a mental health care power of attorney may disqualify an agent or revoke all or any portion of the power of attorney.

B. Unless a principal is incapable as defined in section 36-3281, a principal may revoke all or any part of the principal's mental health care power of attorney by doing any of the following:

1. Making a written revocation of the mental health care power of attorney or a written statement to disqualify an agent.

2. Orally notifying the agent or a mental health care provider.

3. Making a new mental health care power of attorney.

4. Any other act that demonstrates a specific intent to revoke a mental health care power of attorney or disqualify an agent.
A.R.S. § 36-774 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 774
36-774 Medically needy account; definition
Status: in_force

36-774. Medically needy account; definition

A. Seventy cents of each dollar in the tobacco tax and health care fund shall be deposited in the medically needy account to provide health care or behavioral health care services to persons who are determined to be eligible for services pursuant to section 36-2901 or 36-2901.01 as provided by the Arizona health care cost containment system pursuant to chapter 29, article 1 of this title, or any other statute, or any expansion of that program or any substantially equivalent or expanded successor program established by the legislature providing health care or behavioral health care services to persons who cannot afford those services and for whom there would otherwise be no coverage. These services shall include preventive care and the treatment of catastrophic illness or injury, as provided by the Arizona health care cost containment system.

B. The Arizona health care cost containment system administration or any successor shall administer the account.

C. Monies that are deposited in the medically needy account:

1. Shall only be used to supplement monies that are appropriated by the legislature for the purpose of providing levels of service that are established pursuant to chapter 29, article 1 of this title to eligible persons as defined in section 36-2901 or any expansion of those levels of service, or for any successor program established by the legislature providing levels of service that are substantially equivalent to, or expanding, those provided pursuant to chapter 29, article 1 of this title to eligible persons.

2. Shall not be used to supplant monies that are appropriated by the legislature for the purpose of providing levels of service established pursuant to chapter 29, article 1 of this title.

D. For purposes of this section, "levels of service" means the provider payment methodology, eligibility criteria and covered services established pursuant to chapter 29, article 1 of this title in effect on July 1, 1993.
A.R.S. § 36-698 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 698
36-698 Arizona children and families resource directory; distribution
Status: in_force

36-698. Arizona children and families resource directory; distribution

A. The department of health services shall develop the Arizona children and families resource directory. The directory shall include a list of private and public organizations and providers that specialize in early childhood development and the services included in section 8-481, subsection D. The purpose of the directory is to enable parents to obtain information that is critical to the development of their young children without relying on public programs.

B. The department shall distribute the directory to hospitals for distribution to the families of any newly born child to help these families answer questions concerning early childhood development.

C. The department of health services shall distribute the directory to the department of child safety for distribution to program participants in the healthy families program pursuant to section 8-481.

D. The department may provide the directory to other persons or organizations that request copies and may charge a fee to cover the department's costs to prepare these copies.
A.R.S. § 36-898 — Arizona Code / Title 36 / Chapter 7.1 / Article 5 / Section 898
36-898 Licensees; pesticide application; notice; definitions
Status: in_force

36-898. Licensees; pesticide application; notice; definitions

A. The director, in consultation with licensees, personnel of licensees, parents, guardians, administrators, members of the public, a qualifying party and at least one health professional, shall develop and adopt a policy to provide parents, guardians, children and personnel with at least forty-eight hours' notice before pesticides are applied on licensee property.

B. The policy shall include at least the following:

1. Procedures for providing the notification, including:

(a) Procedures for written notification to parents, guardians or an individual authorized by a parent or guardian during a regular child care session.

(b) Procedures for requiring the licensee to post signs to identify pesticide application areas.

2. Procedures for requiring any contracted pest control applicator to provide detailed and sufficient information to licensees for the purpose of completing the posting materials.

C. The policy shall include exemptions for the following pesticide applications:

1. Nonresidual pesticide applications performed or contracted by public health agencies for adult vector control.

2. Emergency pesticide applications of a pesticide that has a toxicity category of III or IV pursuant to 40 Code of Federal Regulations section 156.62 to control harmful pests that pose an immediate threat to the public health.

3. Disinfectants or swimming pool chemicals.

4. Block, gel or paste-type bait that is a toxicity category III or IV formulation of insecticide pursuant to 40 Code of Federal Regulations section 156.62 and that is either of the following:

(a) Secured in an enclosed, tamper-resistant bait station and placed in an area that is inaccessible to children.

(b) Applied to a crack or crevice inaccessible to children.

5. Block-type bait that is a toxicity level III or IV formulation of rodenticide pursuant to 40 Code of Federal Regulations section 156.62 and that is secured in an enclosed, tamper-resistant bait station placed in an area inaccessible to children.

6. Personal repellants.

7. Any pesticide exempt from regulation by the United States environmental protection agency pursuant to the federal insecticide, fungicide and rodenticide act (7 United States Code section 136w).

D. Each licensee shall maintain written records of pesticide application notifications for a period of at least three years after the application. The licensee may delegate to the pest control applicator the duty to fill out and post notices required by department policy.  A licensee is not required to maintain records of pesticides that are exempt pursuant to subsection C of this section.

E. For the purposes of this section:

1. "Child care" has the same meaning prescribed in section 36-881.

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

3. "Licensee" means a person who is regulated pursuant to this chapter.

4. "Pesticides" includes pesticides regulated under the federal insecticide, fungicide and rodenticide act (P.L. 100-532; 102 Stat. 2654; 7 United States Code section 136) except for nonrestricted use disinfectants, sanitizers or deodorizers regulated by the federal insecticide, fungicide and rodenticide act.

5. "Qualifying party" has the same meaning prescribed in section 3-3601.
A.R.S. § 36-568.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 568.01
36-568.01 Confidentiality of records
Status: in_force

36-568.01. Confidentiality of records

A. All information obtained and records prepared in the course of providing any services under this chapter to clients shall be confidential and privileged matter. Such information and records may be disclosed only as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or pursuant to the following:

1. When the responsible person designates in writing persons to whom records or information may be disclosed.

2. To the extent necessary to make claims on behalf of a client for aid, insurance or medical assistance to which the client may be entitled.

3. Pursuant to a court order.

4. In communications between professional persons in providing services or appropriate referrals.

5. When such a disclosure is necessary to protect against a clear and substantial risk of imminent serious injury.

6. To the superior court when a petition to establish guardianship for the person is filed pursuant to title 14, chapter 5.

7. To other state agencies or bodies for official purposes. In such cases, information or records shall be released without the designation of the name of the client, unless the name is required for the official purposes of state agencies or bodies requesting such information. Such case information received by a state agency or body shall be maintained as confidential unless a consent to release has been given as provided in this section.

8. To a law enforcement agency or a county medical examiner in the performance of official duties, unless the records requested relate to a person who is the subject of a criminal investigation, in which case the records may only be released pursuant to a court order or grand jury subpoena. A person shall maintain information provided to a law enforcement agency or a county medical examiner under this paragraph as confidential unless a consent to release has been given pursuant to this section or pursuant to a court order or grand jury subpoena.

B. The person to whom information has been released pursuant to subsection A of this section is prohibited from using or releasing such information except in the proper performance of the person's duties or as otherwise authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E).
A.R.S. § 36-631 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 631
36-631 Person with contagious or infectious disease exposing himself to public; classification; exception
Status: in_force

36-631. Person with contagious or infectious disease exposing himself to public; classification; exception

A person who knowingly exposes himself or another afflicted with a contagious or infectious disease in a public place or thoroughfare, except in the necessary removal of such person in a manner least dangerous to the public health, is guilty of a class 2 misdemeanor.
A.R.S. § 36-495.07 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.07
36-495.07 Inspection; investigations
Status: in_force

36-495.07. Inspection; investigations

A. The department may make an initial inspection, and thereafter an annual inspection, of each laboratory to determine compliance with this chapter or rules adopted pursuant to this chapter.

B. An application for licensure pursuant to this chapter constitutes permission for the department's entry or inspection of the laboratory during the pendency of the application and, if licensed, during the term of the license for the purpose of determining compliance with this chapter or rules adopted pursuant to this chapter.

C. The department may require, as part of its inspections, that the laboratory demonstrate proficiency in performing tests that it offers by examining specimens submitted by the department, the United States environmental protection agency or other proficiency testing services approved by the department.

D. In addition to the inspections provided for in subsection A of this section, the department, on its own initiative or on the receipt of a written complaint from a person setting forth facts which, if proven, constitute a violation of this chapter or rules adopted pursuant to this chapter, may make an investigation of the laboratory's operations, techniques and procedures. If the investigation or an inspection conducted pursuant to this section discloses past or current noncompliance with statutes and rules, the director, in accordance with section 36-495.09, may deny, suspend or revoke a license issued by the department pursuant to this chapter.

E. At any time the department may conduct an investigation of the operation of an unlicensed laboratory performing compliance testing and may conduct on-site inspections of the laboratory, records, procedures and methods to determine whether the laboratory must be licensed pursuant to this chapter.

F. The director by rule shall establish standards and procedures for third party accreditation and exempting inspections and inspection fees for a laboratory that is accredited by a third party.
A.R.S. § 36-2267 — Arizona Code / Title 36 / Chapter 21.1 / Article 4 / Section 2267
36-2267 Administration of opioid antagonist; exemption from civil liability; definition
Status: in_force

36-2267. Administration of opioid antagonist; exemption from civil liability; definition

A. A person may administer an opioid antagonist that is prescribed or dispensed pursuant to section 32-1979 or 36-2266 in accordance with the protocol specified by the physician, nurse practitioner, pharmacist or other health professional or that is received from a county health department pursuant to section 36-192 to a person who is experiencing an opioid-related overdose.

B. A person who in good faith and without compensation administers an opioid antagonist to a person who is experiencing an opioid-related overdose is not liable for any civil or other damages as the result of any act or omission by the person rendering the care or as the result of any act or failure to act to arrange for further medical treatment or care for the person experiencing the overdose, unless the person while rendering the care acts with gross negligence, wilful misconduct or intentional wrongdoing.

C. For the purposes of this section, "person" includes an employee of a school district or charter school who is acting in the person's official capacity.
A.R.S. § 36-1974 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1974
36-1974 Issuance and renewal of license; continuing education
Status: in_force

36-1974. Issuance and renewal of license; continuing education

A. The executive director shall issue a license if the applicant has satisfied all of the requirements for licensure under this article.

B. A license issued pursuant to this article is subject to renewal one year after the date it was issued and terminates thirty days after the renewal date unless it is renewed.

C. Each licensee shall renew the license not earlier than sixty days before and not later than thirty days after the license expires by submitting the renewal fee and a completed renewal form.  A licensee who does not renew a license as required by this article must also pay a penalty fee as prescribed by the commission for late renewal.  A person who practices interpreting in this state after that person's license has expired is in violation of this article.

D. A person whose license terminates shall submit an application and application fee as an original applicant for licensure.

E. The commission by rule may prescribe continuing education requirements as a condition of license renewal.
A.R.S. § 36-2543 — Arizona Code / Title 36 / Chapter 27 / Article 5 / Section 2543
36-2543 Review
Status: in_force

36-2543. Review

All final civil determinations, findings and conclusions of the board or the department under this chapter are final and conclusive unless appealed pursuant to title 12, chapter 7, article 6.
A.R.S. § 36-344 — Arizona Code / Title 36 / Chapter 3 / Article 4 / Section 344
36-344 Violation; classification
Status: in_force

36-344. Violation; classification

A. A person is guilty of a class 1 misdemeanor if the person:

1. Knowingly makes a false statement in a certificate or record required to be filed pursuant to this chapter or in an application for an amendment of a certificate or who knowingly submits false information intending that the information be used in the creation or amendment of a certificate.

2. Without lawful authority and with the intent to deceive makes, alters, amends, mutilates or removes a certificate or record required to be submitted pursuant to this chapter or a certified copy of a registered certificate.

3. Knowingly uses or furnishes for use to another for the purpose of deception a certificate or record required to be submitted pursuant to this chapter or a certified copy of a registered certificate that has been made, altered, amended or mutilated.

4. With the intent to deceive, knowingly uses a birth certificate or a certified copy of a registered birth certificate knowing that the birth certificate or certified copy of the registered birth certificate was issued on a record that is false in whole or in part or that relates to the birth of another person.

5. Knowingly furnishes a birth certificate or certified copy of a registered birth certificate with the intent that it be used by a person other than the person named on the birth certificate.

6. Knowingly fails or refuses to report a death to a peace officer or, without proper authority, takes, removes or otherwise disturbs the human remains, clothing or articles of the deceased person.

B. A person is guilty of a class 3 misdemeanor if the person:

1. Knowingly transports or accepts for transportation or disposition human remains without an accompanying disposition-transit permit as required by this chapter.

2. Refuses to provide information required by this chapter.

3. Knowingly disregards any provision of this chapter or refuses to perform any of the duties imposed by this chapter.
A.R.S. § 36-899.01 — Arizona Code / Title 36 / Chapter 7.2 / Article 1 / Section 899.01
36-899.01 Program for all school children; administration
Status: in_force

36-899.01. Program for all school children; administration

A. A program of hearing evaluation services is established by the department. Such services shall be administered to all children as early as possible, but in no event later than the first year of attendance in any public or private education program, or residential facility for children with disabilities, and thereafter as circumstances permit until the child has attained the age of sixteen years or is no longer enrolled in a public or private education program.

B. The program of hearing evaluation services for children in a public education program shall be administered by the department with the aid of the department of education.
A.R.S. § 36-449.03 — Arizona Code / Title 36 / Chapter 4 / Article 10 / Section 449.03
36-449.03 Abortion clinics; rules; civil penalties
Status: in_force

36-449.03. Abortion clinics; rules; civil penalties

A. The director shall adopt rules for an abortion clinic's physical facilities. At a minimum these rules shall prescribe standards for:

1. Adequate private space that is specifically designated for interviewing, counseling and medical evaluations.

2. Dressing rooms for staff and patients.

3. Appropriate lavatory areas.

4. Areas for preprocedure hand washing.

5. Private procedure rooms.

6. Adequate lighting and ventilation for abortion procedures.

7. Surgical or gynecologic examination tables and other fixed equipment.

8. Postprocedure recovery rooms that are supervised, staffed and equipped to meet the patients' needs.

9. Emergency exits to accommodate a stretcher or gurney.

10. Areas for cleaning and sterilizing instruments.

11. Adequate areas to securely store medical records and necessary equipment and supplies.

12. The display in the abortion clinic, in a place that is conspicuous to all patients, of the clinic's current license issued by the department.

B. The director shall adopt rules to prescribe abortion clinic supplies and equipment standards, including supplies and equipment that are required to be immediately available for use or in an emergency. At a minimum these rules shall:

1. Prescribe required equipment and supplies, including medications, required to conduct, in an appropriate fashion, any abortion procedure that the medical staff of the clinic anticipates performing and to monitor the progress of each patient throughout the procedure and recovery period.

2. Require that the number or amount of equipment and supplies at the clinic is adequate at all times to ensure sufficient quantities of clean and sterilized durable equipment and supplies to meet the needs of each patient.

3. Prescribe required equipment, supplies and medications that shall be available and ready for immediate use in an emergency and requirements for written protocols and procedures to be followed by staff in an emergency, such as the loss of electrical power.

4. Prescribe required equipment and supplies for required laboratory tests and requirements for protocols to calibrate and maintain laboratory equipment at the abortion clinic or operated by clinic staff.

5. Require ultrasound equipment.

6. Require that all equipment is safe for the patient and the staff, meets applicable federal standards and is checked annually to ensure safety and appropriate calibration.

C. The director shall adopt rules relating to abortion clinic personnel.  At a minimum these rules shall require that:

1. The abortion clinic designate a medical director of the abortion clinic who is licensed pursuant to title 32, chapter 13, 17 or 29.

2. Physicians performing abortions are licensed pursuant to title 32, chapter 13 or 17, demonstrate competence in the procedure involved and are acceptable to the medical director of the abortion clinic.

3. A physician is available:

(a) For a surgical abortion who has admitting privileges at a health care institution that is classified by the director as a hospital pursuant to section 36-405, subsection B and that is within thirty miles of the abortion clinic.

(b) For a medication abortion who has admitting privileges at a health care institution that is classified by the director as a hospital pursuant to section 36-405, subsection B.

4. If a physician is not present, a registered nurse, nurse practitioner, licensed practical nurse or physician assistant is present and remains at the clinic when abortions are performed to provide postoperative monitoring and care, or monitoring and care after inducing a medication abortion, until each patient who had an abortion that day is discharged.

5. Surgical assistants receive training in counseling, patient advocacy and the specific responsibilities of the services the surgical assistants provide.

6. Volunteers receive training in the specific responsibilities of the services the volunteers provide, including counseling and patient advocacy as provided in the rules adopted by the director for different types of volunteers based on their responsibilities.

D. The director shall adopt rules relating to the medical screening and evaluation of each abortion clinic patient. At a minimum these rules shall require:

1. A medical history, including the following:

(a) Reported allergies to medications, antiseptic solutions or latex.

(b) Obstetric and gynecologic history.

(c) Past surgeries.

2. A physical examination, including a bimanual examination estimating uterine size and palpation of the adnexa.

3. The appropriate laboratory tests, including:

(a) Urine or blood tests for pregnancy performed before the abortion procedure.

(b) A test for anemia.

(c) Rh typing, unless reliable written documentation of blood type is available.

(d) Other tests as indicated from the physical examination.

4. An ultrasound evaluation for all patients. The rules shall require that if a person who is not a physician performs an ultrasound examination, that person shall have documented evidence that the person completed a course in operating ultrasound equipment as prescribed in rule. The physician or other health care professional shall review, at the request of the patient, the ultrasound evaluation results with the patient before the abortion procedure is performed, including the probable gestational age of the fetus.

5. That the physician is responsible for estimating the gestational age of the fetus based on the ultrasound examination and obstetric standards in keeping with established standards of care regarding the estimation of fetal age as defined in rule and shall write the estimate in the patient's medical history. The physician shall keep original prints of each ultrasound examination of a patient in the patient's medical history file.

E. The director shall adopt rules relating to the abortion procedure. At a minimum these rules shall require:

1. That medical personnel is available to all patients throughout the abortion procedure.

2. Standards for the safe conduct of abortion procedures that conform to obstetric standards in keeping with established standards of care regarding the estimation of fetal age as defined in rule.

3. Appropriate use of local anesthesia, analgesia and sedation if ordered by the physician.

4. The use of appropriate precautions, such as establishing intravenous access at least for patients undergoing second or third trimester abortions.

5. The use of appropriate monitoring of the vital signs and other defined signs and markers of the patient's status throughout the abortion procedure and during the recovery period until the patient's condition is deemed to be stable in the recovery room.

6. For abortion clinics performing or inducing an abortion for a woman whose unborn child is the gestational age of twenty weeks or more, minimum equipment standards to assist the physician in complying with section 36-2301. For the purposes of this paragraph, "abortion" and "gestational age" have the same meanings prescribed in section 36-2151.

F. The director shall adopt rules relating to the final disposition of bodily remains.  At a minimum these rules shall require that:

1. The final disposition of bodily remains from a surgical abortion be by cremation or interment.

2. For a surgical abortion, the woman on whom the abortion is performed has the right to determine the method and location for final disposition of bodily remains.

G. The director shall adopt rules that prescribe minimum recovery room standards. At a minimum these rules shall require that:

1. For a surgical abortion, immediate postprocedure care, or care provided after inducing a medication abortion, consists of observation in a supervised recovery room for as long as the patient's condition warrants.

2. The clinic arrange hospitalization if any complication beyond the management capability of the staff occurs or is suspected.

3. A licensed health professional who is trained in managing the recovery area and who is capable of providing basic cardiopulmonary resuscitation and related emergency procedures remains on the premises of the abortion clinic until all patients are discharged.

4. For a surgical abortion, a physician with admitting privileges at a health care institution that is classified by the director as a hospital pursuant to section 36-405, subsection B and that is within thirty miles of the abortion clinic remains on the premises of the abortion clinic until all patients are stable and are ready to leave the recovery room and to facilitate the transfer of emergency cases if hospitalization of the patient or viable fetus is necessary. A physician shall sign the discharge order and be readily accessible and available until the last patient is discharged.

5. A physician discusses RhO(d) immune globulin with each patient for whom it is indicated and ensures that it is offered to the patient in the immediate postoperative period or that it will be available to her within seventy-two hours after completion of the abortion procedure.  If the patient refuses, a refusal form approved by the department shall be signed by the patient and a witness and included in the medical record.

6. Written instructions with regard to postabortion coitus, signs of possible problems and general aftercare are given to each patient.  Each patient shall have specific instructions regarding access to medical care for complications, including a telephone number to call for medical emergencies.

7. There is a specified minimum length of time that a patient remains in the recovery room by type of abortion procedure and duration of gestation.

8. The physician ensures that a licensed health professional from the abortion clinic makes a good faith effort to contact the patient by telephone, with the patient's consent, within twenty-four hours after a surgical abortion to assess the patient's recovery.

9. Equipment and services are located in the recovery room to provide appropriate emergency resuscitative and life support procedures pending the transfer of the patient or viable fetus to the hospital.

H. The director shall adopt rules that prescribe standards for follow-up visits. At a minimum these rules shall require that:

1. For a surgical abortion, a postabortion medical visit is offered and, if requested, scheduled for three weeks after the abortion, including a medical examination and a review of the results of all laboratory tests.  For a medication abortion, the rules shall require that a postabortion medical visit is scheduled between one week and three weeks after the initial dose for a medication abortion to confirm the pregnancy is completely terminated and to assess the degree of bleeding.

2. A urine pregnancy test is obtained at the time of the follow-up visit to rule out continuing pregnancy. If a continuing pregnancy is suspected, the patient shall be evaluated and a physician who performs abortions shall be consulted.

I. The director shall adopt rules to prescribe minimum abortion clinic incident reporting. At a minimum these rules shall require that:

1. The abortion clinic records each incident resulting in a patient's or viable fetus' serious injury occurring at an abortion clinic and shall report them in writing to the department within ten days after the incident. For the purposes of this paragraph, "serious injury" means an injury that occurs at an abortion clinic and that creates a serious risk of substantial impairment of a major body organ and includes any injury or condition that requires ambulance transportation of the patient.

2. If a patient's death occurs, other than a fetal death properly reported pursuant to law, the abortion clinic reports it to the department not later than the next department work day.

3. Incident reports are filed with the department and appropriate professional regulatory boards.

J. The director shall adopt rules relating to enforcement of this article.  At a minimum, these rules shall require that:

1. For an abortion clinic that is not in substantial compliance with this article and the rules adopted pursuant to this article and section 36-2301 or that is in substantial compliance but refuses to carry out a plan of correction acceptable to the department of any deficiencies that are listed on the department's statement of deficiency, the department may do any of the following:

(a) Assess a civil penalty pursuant to section 36-431.01.

(b) Impose an intermediate sanction pursuant to section 36-427.

(c) Suspend or revoke a license pursuant to section 36-427.

(d) Deny a license.

(e) Bring an action for an injunction pursuant to section 36-430.

2. In determining the appropriate enforcement action, the department consider the threat to the health, safety and welfare of the abortion clinic's patients or the general public, including:

(a) Whether the abortion clinic has repeated violations of statutes or rules.

(b) Whether the abortion clinic has engaged in a pattern of noncompliance.

(c) The type, severity and number of violations.

K. The department shall not release personally identifiable patient or physician information.

L. The rules adopted by the director pursuant to this section do not limit the ability of a physician or other health professional to advise a patient on any health issue.
A.R.S. § 36-523 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 523
36-523 Petition for evaluation
Status: in_force

36-523. Petition for evaluation

A. The petition for evaluation shall contain the following:

1. The name, address and interest in the case of the individual who applied for the petition.

2. The name, and address if known, of the proposed patient for whom evaluation is petitioned.

3. The present whereabouts of the proposed patient, if known.

4. A statement alleging that there is reasonable cause to believe that the proposed patient has a mental disorder and is as a result a danger to self or others, has a persistent or acute disability or a grave disability and is unwilling or unable to undergo voluntary evaluation.

5. A summary of the facts that support the allegations that the proposed patient is dangerous, has a persistent or acute disability or a grave disability and is unwilling or unable to be voluntarily evaluated, including the facts that brought the proposed patient to the screening agency's attention.

6. If the petition is filed by a prosecutor pursuant to section 13-4517, any known criminal history of the proposed patient, including whether the proposed patient has ever been found incompetent to stand trial pursuant to section 13-4510.

7. A statement of any facts and circumstances that lead the petitioner to believe that the proposed patient may be safely transported to the evaluation agency by an authorized transporter, if available in the jurisdiction, without the assistance of a peace officer.

8. The petition shall state the names and contact information of any persons known who witnessed the behavior exhibited by the proposed patient on which the petition is based. The agency may not decline to process a petition for court-ordered evaluation because no witnesses acquainted with the proposed patient have been identified.

9. Other information that the director by rule or the court by rule or order may require.

B. The petition shall request that the court issue an order requiring that the proposed patient be given an evaluation and shall advise the court of both of the following:

1. That the opinion of the petitioner is either that the proposed patient is or is not in such a condition that without immediate or continuing hospitalization the patient is likely to suffer serious physical harm or further deterioration or inflict serious physical harm on another person.

2. If the opinion of the petitioner is that the proposed patient is not in the condition described in paragraph 1 of this subsection, that the opinion of the petitioner is either that the evaluation should or should not take place on an outpatient basis.

C. For a petition filed pursuant to sections 36-520 and 36-521:

1. The petition for evaluation shall be accompanied by the application for evaluation, by the recommendation of the county attorney pursuant to section 36-521 and by a prepetition screening report, unless the documents have not been prepared under a provision of law or in accordance with an order of the court. The petition for evaluation shall also be accompanied by a copy of the application for emergency admission if one exists.

2. The petition and other forms required in a court may be filed only by the screening agency that has prepared the petition.

3. If the petition is prepared but not filed because it has been determined that the person no longer needs an evaluation, the medical director of the agency shall make a written statement of the reasons why the evaluation was determined to be no longer necessary and shall retain the petition together with the medical director's statement and the various reports annexed to the petition as required by this section.

4. If the petition is not filed because it has been determined that the person does not need an evaluation and a prosecutor filed a petition pursuant to section 13-4517, the person shall be remanded for a disposition pursuant to section 13-4517. If the person is out of custody, the court may order that the person be taken into custody for a disposition pursuant to this section.
A.R.S. § 36-2901.02 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.02
36-2901.02 Arizona tobacco litigation settlement fund; nonlapsing
Status: in_force

36-2901.02. Arizona tobacco litigation settlement fund; nonlapsing

(Caution:  1998 Prop 105 Applies)

A. The Arizona tobacco litigation settlement fund is established consisting of all monies that this state receives pursuant to the tobacco litigation master settlement agreement entered into on November 23, 1998 and interest earned on these monies.  The director of the Arizona health care cost containment system administration shall administer the fund.  The state treasurer shall invest monies in the fund pursuant to section 35-313 and shall credit monies earned from these investments to the fund.

B. The director shall use fund monies as follows and in the following order:

1. Withdraw an amount necessary in each fiscal year to fully implement and fully fund the programs and services required as a result of the expanded definition of an eligible person pursuant to section 36-2901.01.

2. Withdraw an amount necessary in each fiscal year to fully implement and fully fund each of the programs listed in section 5-522, subsection E, as amended pursuant to the initiative measure approved by the voters on November 5, 1996, at funding levels that when annually adjusted for inflation, as provided in said initiative, are equal to or greater than those provided for in that election. The joint legislative budget committee shall compute these adjusted levels and provide this information to the director of the Arizona health care cost containment system administration.  The director shall transfer these monies to the agencies responsible for administering each of the programs. The legislature may modify the funding provided pursuant to this subsection by simple majority vote not less than ten years after the effective date of this section.

C. The director may use any remaining fund monies to fund expanded coverage in the Arizona health care cost containment system including the premium sharing program and as approved by the voters or by the legislature by simple majority vote.

D. The legislature may appropriate any monies that remain in the fund after the programs prescribed in subsection B, paragraphs 1 and 2 of this section are fully funded and implemented only for programs that benefit the health of the residents of this state.

E. Monies in the fund:

1. Shall be used to supplement and not supplant existing and future appropriations to the Arizona health care cost containment system administration for existing and future programs.

2. Do not revert to the state general fund.

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

4. Are continuously appropriated.
A.R.S. § 36-2352 — Arizona Code / Title 36 / Chapter 24 / Article 1 / Section 2352
36-2352 Designation of medically-underserved areas
Status: in_force

36-2352. Designation of medically-underserved areas

A.  The department shall designate areas of medical need in this state as medically-underserved if either:

1. The area is designated as a health professional shortage area as defined in 42 Code of Federal Regulations part 5.

2. The area is designated as medically underserved by the department of health services by using an index that measures the following indicators:

(a) The availability of services based on a population to primary care provider ratio.

(b) The area's geographic accessibility to health care services.

(c) The percentage of the area's population that is at or below a designated federal poverty level.

(d) The health needs of the area as determined by factors which may include the incidence of infant mortality, low weight births and inadequate prenatal care.

(e) Other factors indicative of medically underserved areas which may include unemployment and the presence of farm workers, minorities and the elderly.

B. The department of health services shall submit a report to the president of the senate and the speaker of the house of representatives beginning October 1, 1996 and every two years thereafter that reevaluates the criteria, effectiveness and recommendations for changes, if necessary, to the index. The report shall also include a summary of the communities designated as medically underserved and a listing of the programs they were able to utilize based on the medically underserved designation.
A.R.S. § 36-2807 — Arizona Code / Title 36 / Chapter 28.1 / Section 2807
36-2807 Verification system
Status: in_force

36-2807. Verification system

(Caution:  1998 Prop. 105 applies)

A. Within one hundred twenty days of the effective date of this chapter, the department shall establish a secure, password-protected, web-based verification system for use on a twenty-four hour basis by law enforcement personnel, nonprofit medical marijuana dispensary agents and employers to verify registry identification cards.  An employer may use the verification system only to verify a registry identification card that is provided to the employer by a current employee or by an applicant who has received a conditional offer of employment.

B. The verification system must allow law enforcement personnel and nonprofit medical marijuana dispensary agents to enter a registry identification number and verify whether the number corresponds with a current, valid identification card.

C. The system shall disclose:

1. The name of the cardholder, but must not disclose the cardholder's address.

2. The amount of marijuana that each registered qualifying patient received from nonprofit medical marijuana dispensaries during the past sixty days.

D. The verification system must include the following data security features:

1. Any time an authorized user enters five invalid registry identification numbers within five minutes, that user cannot log in to the system again for ten minutes.

2. A users log-in information shall be deactivated after five incorrect login attempts until the authorized user contacts the department and verifies the user's identity.

3. The server must reject any log-in request that is not over an encrypted connection.
A.R.S. § 36-2601 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2601
36-2601 Definitions
Status: in_force

36-2601. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the Arizona state board of pharmacy or its designee.

2. "Dispenser" means a medical practitioner or pharmacy that is authorized to dispense controlled substances.

3. "Licensed health care provider" means a person who is licensed pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 19.1, 25, 29 or 33.

4. "Medical practitioner" means any person who is licensed and authorized by law to use and prescribe drugs and devices to treat sick and injured human beings or to diagnose or prevent sickness in human beings in this state or any state, territory or district of the United States.

5. "Patient utilization report" means all of the following information about a patient that is compiled by the program and disclosed pursuant to section 36-2606:

(a) Controlled substances prescription monitoring program data.

(b) Clinical alerts and other required alerts or indicators.

6. "Person" means an individual, partnership, corporation or association and the person's duly authorized agents.

7. "Program" means the controlled substances prescription monitoring program.
A.R.S. § 36-108 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 108
36-108 Indirect cost fund; use; exemption
Status: in_force

36-108. Indirect cost fund; use; exemption

A. A department of health services indirect cost fund is established. Federal monies, monies collected from interagency agreements and other monies obtained for the purposes of reimbursing the department for administrative costs shall be deposited, pursuant to sections 35-146 and 35-147, in the fund.

B. Subject to legislative appropriation, monies in the fund shall be used for administrative personnel and overhead costs associated with administering federal programs, interagency agreements and other programs paying assessments into the fund.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-1925 — Arizona Code / Title 36 / Chapter 17 / Article 2 / Section 1925
36-1925 Educational materials; bills of sale; notice requirements
Status: in_force

36-1925. Educational materials; bills of sale; notice requirements

The department shall establish an awareness campaign for hearing aid dispensers and post on its website educational materials regarding the bill of sale notice requirements prescribed in section 36-1909.
A.R.S. § 36-158 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 158
36-158 Authority to receive funds; disbursement
Status: in_force

36-158. Authority to receive funds; disbursement

The department and county departments may receive monies from any source for home health services. All such monies the department and county departments receive for such services shall be deposited in special accounts by the respective state and county treasurers. All such monies are appropriated to the department and county departments that receive them and shall be used to carry out the provisions of this article.
A.R.S. § 36-2986 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2986
36-2986 Administration; powers and duties of director
Status: in_force

36-2986. Administration; powers and duties of director

A. The director has full operational authority to adopt rules or to use the appropriate rules adopted for article 1 of this chapter to implement this article, including any of the following:

1. Contract administration and oversight of contractors.

2. Development of a complete system of accounts and controls for the program, including provisions designed to ensure that covered health and medical services provided through the system are not used unnecessarily or unreasonably, including inpatient behavioral health services provided in a hospital.

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

4. Development and management of a contractor payment system.

5. Establishment and management of a comprehensive system for assuring quality of care.

6. Establishment and management of a system to prevent fraud by members, contractors and health care providers.

7. Development of an outreach program. The administration shall coordinate with public and private entities to provide outreach services for children under this article. Priority shall be given to those families who are moving off welfare. Outreach activities shall include strategies to inform communities, including tribal communities, about the program, ensure a wide distribution of applications and provide training for other entities to assist with the application process.

8. Coordination of benefits provided under this article for any member. The director may require that contractors and noncontracting providers are responsible for the coordination of benefits for services provided under this article.  Requirements for coordination of benefits by noncontracting providers under this section are limited to coordination with standard health insurance and disability insurance policies and similar programs for health coverage.  The director may require members to assign to the administration rights to all types of medical benefits to which the person is entitled, including first party medical benefits under automobile insurance policies. The state has a right of subrogation against any other person or firm to enforce the assignment of medical benefits. The provisions of this paragraph are controlling over the provisions of any insurance policy that provides benefits to a member if the policy is inconsistent with this paragraph.

9. Development and management of an eligibility, enrollment and redetermination system including a process for quality control.

10. Establishment and maintenance of an encounter claims system that ensures that ninety percent of the clean claims are paid within thirty days after receipt and ninety-nine percent of the remaining clean claims are paid within ninety days after receipt by the administration or contractor unless an alternative payment schedule is agreed to by the contractor and the provider.  For the purposes of this paragraph, "clean claims" has the same meaning prescribed in section 36-2904, subsection G.

11. Establishment of standards for the coordination of medical care and member transfers.

12. Requiring contractors to submit encounter data in a form specified by the director.

13. Assessing civil penalties for improper billing as prescribed in section 36-2903.01, subsection K.

B. Notwithstanding any other law, if Congress amends title XXI of the social security act and the administration is required to make conforming changes to rules adopted pursuant to this article, the administration shall request a hearing with the joint health committee of reference for review of the proposed rule changes.

C. The director may subcontract distinct administrative functions to one or more persons who may be contractors within the system.

D. The director shall require as a condition of a contract with any contractor that all records relating to contract compliance are available for inspection by the administration and that these records be maintained by the contractor for five years. The director shall also require that these records are available by a contractor on request of the secretary of the United States department of health and human services.

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

F. The director shall provide for the transition of members between contractors and noncontracting providers and the transfer of members who have been determined eligible from hospitals that do not have contracts to care for these persons.

G. To the extent that services are furnished pursuant to this article, a contractor is not subject to title 20 unless the contractor is a qualifying plan and has elected to provide services pursuant to this article.

H. As a condition of a contract, the director shall require contract terms that are necessary to ensure adequate performance by the contractor. Contract provisions required by the director include the maintenance of deposits, performance bonds, financial reserves or other financial security. The director may waive requirements for the posting of bonds or security for contractors who have posted other security, equal to or greater than that required by the administration, with a state agency for the performance of health service contracts if monies would be available from that security for the system on default by the contractor.

I. The director shall establish solvency requirements in contract that may include withholding or forfeiture of payments to be made to a contractor by the administration for the failure of the contractor to comply with a provision of the contract with the administration. The director may also require contract terms allowing the administration to operate a contractor directly under circumstances specified in the contract.  The administration shall operate the contractor only as long as it is necessary to assure delivery of uninterrupted care to members enrolled with the contractor and to accomplish the orderly transition of members to other contractors or until the contractor reorganizes or otherwise corrects the contract performance failure. The administration shall not operate a contractor unless, before that action, the administration delivers notice to the contractor providing an opportunity for a hearing in accordance with procedures established by the director. Notwithstanding the provisions of a contract, if the administration finds that the public health, safety or welfare requires emergency action, it may operate as the contractor on notice to the contractor and pending an administrative hearing, which it shall promptly institute.

J. For the sole purpose of matters concerning and directly related to this article, the administration is exempt from section 41-192.

K. The director may withhold payments to a noncontracting provider if the noncontracting provider does not comply with this article or adopted rules that relate to the specific services rendered and billed to the administration.

L. The director shall:

1. Prescribe uniform forms to be used by all contractors and furnish uniform forms and procedures, including methods of identification of members. The rules shall include requirements that an applicant personally complete or assist in the completion of eligibility application forms, except in situations in which the person has a disability.

2. By rule, establish a grievance and appeal procedure that conforms with the process and the time frames specified in article 1 of this chapter. If the program is suspended pursuant to section 36-2985, an applicant or member is not entitled to contest the denial, suspension or termination of eligibility for the program.

3. Apply for and accept federal monies available under title XXI of the social security act. Available state monies appropriated to the administration for the operation of the program shall be used as matching monies to secure federal monies pursuant to this subsection.

M. The administration is entitled to all rights provided to the administration for liens and release of claims as specified in sections 36-2915 and 36-2916 and shall coordinate benefits pursuant to section 36-2903, subsection F and be a payor of last resort for persons who are eligible pursuant to this article.

N. The director shall follow the same procedures for review committees, immunity and confidentiality that are prescribed in article 1 of this chapter.
A.R.S. § 36-894.01 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 894.01
36-894.01 Use of sunscreen in child care facilities
Status: in_force

36-894.01. Use of sunscreen in child care facilities

A school-age child who attends a child care facility in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.
A.R.S. § 36-1421 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1421
36-1421 Cooperation of state public body with housing project
Status: in_force

36-1421. Cooperation of state public body with housing project

A. For the purpose of aiding and cooperating in planning, undertaking, constructing or operating housing projects located within the area in which it is authorized to act, any state public body, with or without consideration and upon such terms as it determines, may:

1. Dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or any other rights or privileges therein to any public housing authority, city, town or county or to the federal government.

2. Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing projects.

3. Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake.

4. Cause services to be furnished for housing projects of the character which such state public body is otherwise empowered to furnish.

5. Enter into agreements with respect to the exercise by the state public body of its powers relating to the repair, elimination or closing of unsafe, unsanitary or unfit dwellings.

6. Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects.

7. Incur the entire expense of any public improvements made by the state public body in exercising the powers granted by this article.

8. Enter into agreements, which may extend over any period, any provision or rule of law to the contrary notwithstanding, with any public housing authority, city, town or county or authority as agent, respecting action to be taken by the state public body pursuant to any of the powers granted by this article.

B. Notwithstanding any law to the contrary, a sale, conveyance, lease or agreement provided for by this section may be made by a state public body without appraisal, public notice, advertisement or public bidding.
A.R.S. § 36-1645 — Arizona Code / Title 36 / Chapter 13 / Article 3.1 / Section 1645
36-1645 Definitions
Status: in_force

36-1645. Definitions

In this article, unless the context otherwise requires:

1. "Approved smoke detector" means an electronic device powered by batteries or alternating current that is capable of sensing visible or invisible products of combustion, that sounds an alarm audible in all sleeping areas of a guest unit and that meets the standards prescribed by the office of the state fire marshal pursuant to section 37-1383.

2. "Automatic fire extinguishing equipment" means a mechanical system that puts out fires by ejecting chemicals or water.

3. "Guest unit" means a room in a motel or hotel that is offered for lodging.
A.R.S. § 36-3708 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3708
36-3708 Annual examination of committed persons; report
Status: in_force

36-3708. Annual examination of committed persons; report

A. The psychiatrist, psychologist or other competent professional of the state hospital or a licensed facility under the supervision of the superintendent of the Arizona state hospital shall annually examine each person who is committed pursuant to this article. The person who conducts the annual examination shall submit the examination report to the court. The annual report shall state if conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.

B. The person may retain, or on the request of an indigent person the court may appoint, a competent professional to conduct the examination. A retained or appointed competent professional shall have access to all records concerning the person. If the person retains or is appointed a competent professional, the state has the right to have the committed person evaluated by a competent professional of the state's own choice. All competent professionals shall have equal access to the person as well as all records concerning the person.

C. The court shall hold a hearing pursuant to section 36-3709 if any change of release conditions is recommended.
A.R.S. § 36-2991 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2991
36-2991 Fraud; penalties; enforcement; violation; classification
Status: in_force

36-2991. Fraud; penalties; enforcement; violation; classification

A. A person shall not provide or cause to be provided false or fraudulent information on an application for eligibility pursuant to this article.

B. A person who violates subsection A of this section, who is determined eligible for services pursuant to this article and who would have been determined ineligible if the person had provided true and correct information is subject, in addition to any other penalties that may be prescribed by federal or state law, to a civil penalty of not more than the amount incurred by the system, including capitation payments made on behalf of the person. In addition, the person's eligibility may be discontinued in accordance with rules adopted by the director.

C. In addition to the requirements of state law, any applicable fraud and abuse controls that are enacted under federal law apply to persons who are eligible for services under this article and to contractors and noncontracting providers who provide services under this article.

D. The director shall make the determination to assess a civil penalty and is responsible for collection of the penalty. The director may adopt rules that prescribe procedures for the determination and collection of civil penalties. The director may compromise civil penalties imposed under this section in accordance with criteria established in rules.

E. The director shall adopt rules providing for the appeal of a decision by a person adversely affected by a determination made by the director under this section. The director's final decision is subject to judicial review pursuant to title 12, chapter 7, article 6.

F. Amounts paid by the state and recovered under this section shall be deposited in the state general fund, and any applicable federal share shall be returned to the United States department of health and human services.

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

H. A person who knowingly aids or abets another person pursuant to section 13-301, 13-302 or 13-303 in the commission of an offense under this section or section 13-3713 is guilty of a class 5 felony.
A.R.S. § 36-439.05 — Arizona Code / Title 36 / Chapter 4 / Article 3.1 / Section 439.05
36-439.05 Outpatient treatment center employees; behavioral health services; private office or clinic of an exempt health care provider
Status: in_force

36-439.05. Outpatient treatment center employees; behavioral health services; private office or clinic of an exempt health care provider

A. Notwithstanding any other provision in this article, an employee of a licensed outpatient treatment center or an exempt outpatient treatment center that provides behavioral health services may provide behavioral health services at a private office or clinic that is operated by an exempt health care provider under the following circumstances:

1. The services are provided to a patient of the exempt health care provider, the exempt outpatient treatment center or the licensed outpatient treatment center.

2. The licensed outpatient treatment center or the exempt outpatient treatment center and the exempt health care provider have a written agreement specifying all of the following:

(a) The services to be provided.

(b) The responsibility for billing for the services provided.

(c) Liability for the actions of the licensed outpatient treatment center's or the exempt outpatient treatment center's employee.

(d) The responsibility for maintenance, access to and confidentiality of medical records.

(e) That the medical records for the behavioral health services provided by the licensed outpatient treatment center's or the exempt outpatient treatment center's employee are stored at the outpatient treatment center, in addition to any provisions for maintaining and storing the medical records at other sites.

B. A licensed outpatient treatment center and an exempt outpatient treatment center shall report to the department any unexpected death, self-injury or other injury of a patient under the care of its employee that occurs on the premises of an exempt health care provider and whether the injury required medical attention.  The department may report the incident to the licensing board of any health care professional who is involved in the incident.

C. Unlicensed employees of a licensed outpatient treatment center or an exempt outpatient treatment center may provide services at the private office or clinic of the exempt health care professional only when a licensed health care professional who is employed by the licensed or exempt outpatient treatment center is on-site.
A.R.S. § 36-2930.04 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930.04
36-2930.04 Delivery system reform incentive payment fund; purpose; exemption; expenditure plan review
Status: in_force

36-2930.04. Delivery system reform incentive payment fund; purpose; exemption; expenditure plan review

A. The delivery system reform incentive payment fund is established.  The fund shall be used to pay all costs incurred pursuant to the section 1115 waiver authority associated with delivery system reform incentive payments and designated state health programs.

B. The administration shall administer the fund, and the fund is continuously appropriated.  On notice from the administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. Separate accounts may be established within the fund for each designated state health program.

D. The delivery system reform incentive payment fund consists of:

1. All monies deposited in the fund pursuant to the section 1115 waiver authority associated with delivery system reform incentive payments and designated state health programs.

2. Gifts, donations and grants from any source.

3. Federal monies available to this state.

4. Interest on monies deposited in the fund.

E. Monies in the fund are exempt from the provisions of section 35-190, relating to lapsing of appropriations.

F. Before the initial deposit of any monies in the fund, the administration shall submit an expenditure plan for review by the joint legislative budget committee.
A.R.S. § 36-1610 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1610
36-1610 Prohibited use of fireworks on state land; civil penalty
Status: in_force

36-1610. Prohibited use of fireworks on state land; civil penalty

A. The office of the state fire marshal may impose a civil penalty of one thousand dollars for each incident of prohibited use of fireworks on state land in violation of this article.

B. The assistant director of the office of the state fire marshal shall deposit, pursuant to sections 35-146 and 35-147, civil penalties collected pursuant to this section in the fire suppression revolving fund established by section 37-1305.
A.R.S. § 36-1936 — Arizona Code / Title 36 / Chapter 17 / Article 3 / Section 1936
36-1936 Unlawful acts
Status: in_force

36-1936. Unlawful acts

A person may not:

1. Sell, barter, or offer to sell or barter, a license.

2. Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to engage in the practice of fitting and dispensing hearing aids.

3. Alter materially a license with fraudulent intent.

4. Use or attempt to use as a valid license one which has been purchased, fraudulently obtained, counterfeited or materially altered.

5. Wilfully make a false, material statement in an application or related document for a license or for renewal of a license.
A.R.S. § 36-773 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 773
36-773 Health research account
Status: in_force

36-773. Health research account

A. Five cents of each dollar in the tobacco tax and health care fund shall be deposited in the health research account for research on preventing and treating tobacco-related disease and addiction.

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

C. Monies that are deposited in the health research account shall be used only to supplement monies that are appropriated by the legislature for Alzheimer's disease research and other health research purposes and shall not be used to supplant those appropriated monies.
A.R.S. § 36-884 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 884
36-884 Exemptions
Status: in_force

36-884. Exemptions

This article does not apply to the care given to children by or in:

1. The homes of parents or blood relatives.

2. A religious institution conducting a nursery in conjunction with its religious services or conducting parent-supervised occasional drop-in care.

3. A unit of the public school system, including specialized professional services provided by school districts for the sole purpose of meeting mandated requirements to address the physical and mental impairments prescribed in section 15-771. If a public school provides child care other than during the school's regular hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve, that portion of the school that provides child care is subject to standards of care prescribed pursuant to section 36-883.04.

4. A regularly organized private school engaged in an educational program that may be attended in substitution for public school pursuant to section 15-802. If the school provides child care beyond regular public school hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve, that portion of the school providing such care shall be considered a child care facility and is subject to this article.

5. Any facility that provides training only in specific subjects, including dancing, drama, music, self-defense or religion and tutoring provided by public schools solely to improve school performance.

6. Any facility that provides only recreational or instructional activities to school age children who may enter into and depart from the facility at their own volition.  The facility may require the children to document their entrance into and departure from the facility.  This documentation does not affect the exemption under this paragraph. The facility shall post a notice stating it is not a licensed child care facility under section 36-882.

7. Any of the Arizona state schools for the deaf and the blind.

8. A facility that provides only educational instruction for children who are at least three and not older than six years of age if all the following are true:

(a) The facility instructs only in the core subjects of math, reading and science.

(b) The facility does not accept state-subsidized tuition for the children.

(c) A child is present at the facility for not more than two and one-quarter hours a day and not more than three days a week.

(d) The instruction is not provided in place of care ordinarily provided by a parent or guardian.

(e) The facility posts a notice that the facility is not licensed under this article.

(f) The facility requires fingerprint cards of all personnel pursuant to section 36-883.02.

9. A facility that operates a day camp that provides recreational programs to children if all of the following are true:

(a) The day camp is accredited by a nationally recognized accrediting organization for day camps as approved by the department.

(b) The day camp operates for less than twenty-four hours a day and less than ten weeks each calendar year.

(c) The day camp posts a notice at the facility and on its website that it is not licensed under the laws of this state as a child care facility.

(d) The day camp provides programs only to children who are at least five years of age.

(e) The day camp requires fingerprint cards of all personnel pursuant to section 36-883.02.
A.R.S. § 36-3432 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3432
36-3432 System plan; annual report
Status: in_force

36-3432. System plan; annual report

The administration shall develop a plan for each fiscal year identifying the services, the estimated number of clients and an appropriations request for the purposes of systematic development and implementation of the comprehensive behavioral health service system for children. The plan shall be presented to the speaker of the house of representatives, the president of the senate and the governor on or before November 1 of each year.
A.R.S. § 36-596.54 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.54
36-596.54 Family support vouchers and subsidies
Status: in_force

36-596.54. Family support vouchers and subsidies

A. The division may provide family support vouchers for services provided pursuant to chapter 29, article 2 of this title if those services are provided by certified providers, are included in the individual program plan and are approved for title XIX funding. The division by rule shall prescribe certification standards. These certification standards shall be approved by the director of the Arizona health care cost containment system pursuant to chapter 29, article 2 of this title.

B. The division may provide a family support voucher system with different eligibility guidelines and service coverage from the vouchers which may be offered pursuant to subsection A.

C. A family may decide how to use a family support subsidy if the use is consistent with the individual program plan and the family support subsidy program guidelines.

D. Family support payments are not transferable and are not subject to sale or garnishment.
A.R.S. § 36-425.09 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.09
36-425.09 Hospital price transparency; verification; annual report; exception
Status: in_force

36-425.09. Hospital price transparency; verification; annual report; exception

A. Each hospital must comply with the requirements of 45 Code of Federal Regulations part 180.  The department shall annually verify each hospital's compliance with this section with the centers for medicare and medicaid services.

B. On or before January 1, 2025 and each January 1 thereafter, the department shall post a report on its public website containing the name of any hospital that has been found to be noncompliant with the requirements of 45 Code of Federal Regulations part 180 and that has been assessed a civil monetary penalty by the centers for medicare and medicaid services.

C. This section does not apply to the Arizona state hospital.
A.R.S. § 36-2903.07 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.07
36-2903.07 Trauma and emergency services fund
Status: in_force

36-2903.07. Trauma and emergency services fund

(Caution:  1998 Prop. 105 applies)

A. The trauma and emergency services fund is established consisting of monies deposited pursuant to section 5-601.02(H)(3)(b)(ii) and interest earned on those monies.  The Arizona health care cost containment system administration shall administer the fund.  The fund is not subject to appropriation, and expenditures from the fund are not subject to outside approval notwithstanding any statutory provision to the contrary.

B. Monies received pursuant to section 5-601.02 shall be deposited directly with the trauma and emergency services fund.  On notice from the administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.  No monies in the trauma and emergency services fund shall revert to or be deposited in any other fund, including the state general fund.  Monies in the trauma and emergency services fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.  Monies provided from the trauma and emergency services fund shall supplement, not supplant, existing monies.

C. Monies in the fund shall only be used to reimburse hospitals in Arizona for unrecovered trauma center readiness costs and unrecovered emergency services costs as provided for in this section.

D. For purposes of this section:

1. "Trauma center readiness costs" means clinical, professional and operational costs that are incurred by a level I trauma center and that are necessary for the provision of level I trauma care on a twenty-four hour, seven days per week basis. Trauma center readiness costs include only those administrative and overhead costs that are directly associated with providing level I trauma care.

2. "Emergency services costs" means clinical, professional and operational costs that are necessarily incurred by a hospital in providing emergency services.

3. "Unrecovered" means the difference between the costs incurred by a hospital in providing the service and the amount that the hospital has been paid for providing the service.

E. Within six months of the effective date of this section, the administration shall promulgate rules pursuant to Arizona Revised Statutes title 42, chapter 6, except that the rules shall not be subject to article 5 of that chapter.  The rules shall set forth:

1. A methodology to determine Arizona hospitals' unrecovered trauma center readiness costs and unrecovered emergency services costs;

2. A procedure to distribute all monies from the trauma and emergency services fund to Arizona hospitals in proportion to those hospitals' unrecovered trauma center readiness costs and unrecovered emergency services costs.

F. The administration shall distribute all monies from the trauma and emergency services fund to Arizona hospitals in accordance with the rules promulgated pursuant to this section.
A.R.S. § 36-138 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 138
36-138 Oral health fund; nonlapsing
Status: in_force

36-138. Oral health fund; nonlapsing

A. The oral health fund is established consisting of monies received by the department as reimbursement from Arizona health care cost containment system contractors for dental services provided by the department pursuant to section 36-132, subsection A, paragraph 10.  The department shall administer the fund and shall expend monies from the fund for dental health services.  On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.

B. Fund monies:

1. Do not revert to the state general fund.

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

3. Are continuously appropriated.
A.R.S. § 36-139 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 139
36-139 Fees
Status: in_force

36-139. Fees

A. The department of health services may charge fees for:

1. Rental of films and film strips.

2. Laboratory tests.

B. The amount of the fees charged for such services shall not exceed the cost to the department of rendering them, and all fees shall be deposited, pursuant to sections 35-146 and 35-147, at least once each month in the state general fund. No rental or laboratory fee shall be charged to or collected from a county, city, town, school, school district or any political subdivision thereof.
A.R.S. § 36-495.05 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.05
36-495.05 Provisional licenses
Status: in_force

36-495.05. Provisional licenses

A. The department may issue a provisional license for a period of not more than twelve months at the time it issues a notice of suspension of a regular license. The department may suspend a regular license if an inspection or investigation of a laboratory reveals a violation of the rules adopted by the director pursuant to this chapter and the director believes that the immediate interests of the public are best served by affording the laboratory the opportunity to correct the deficiencies. The director shall issue a provisional license only if the licensee agrees to carry out a plan acceptable to the department to eliminate the deficiencies within the term of the provisional license or period of time specified by the department.

B. A licensee's agreement to carry out a plan of correction does not constitute a waiver of its right to have a hearing on the notice of suspension. A hearing on the notice of suspension may include review of the appropriateness of the laboratory's plan of correction.

C. An application for a regular license may be submitted thirty days before the expiration of a provisional license issued pursuant to this section. The department shall condition its issuance of a regular license at the expiration of the term of the provisional license on the licensee being in full compliance with the correction plan and this chapter or rules adopted pursuant to this chapter.
A.R.S. § 36-2862 — Arizona Code / Title 36 / Chapter 28.2 / Section 2862
36-2862 Expungement; petition; appeal; dismissal of complaints; rules
Status: in_force

36-2862. Expungement; petition; appeal; dismissal of complaints; rules

(Caution:  1998 Prop. 105 applies)

A. Beginning July 12, 2021, an individual who was arrested for, charged with, adjudicated or convicted by trial or plea of, or sentenced for, any of the following offenses based on or arising out of conduct occurring before the effective date of this section may petition the court to have the record of that arrest, charge, adjudication, conviction or sentence expunged:

1. Possessing, consuming or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.

2. Possessing, transporting, cultivating or processing not more than six marijuana plants at the individual's primary residence for personal use.

3. Possessing, using or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana.

B. If the court receives a petition for expungement pursuant to this section:

1. The court shall notify the prosecuting agency of the filing of the petition, and allow the prosecuting agency to respond to the petition within thirty days.

2. The court may hold a hearing:

(a) On the request of either the petitioner or the prosecuting agency.

(b) If the court concludes there are genuine disputes of fact regarding whether the petition should be granted.

3. The court shall grant the petition unless the prosecuting agency establishes by clear and convincing evidence that the petitioner is not eligible for expungement.

4. The court shall issue a signed order or minute entry granting or denying the petition in which it makes findings of fact and conclusions of law.

C. If the court grants a petition for expungement:

1. The signed order or minute entry required pursuant to subsection B, paragraph 4 of this section shall do all of the following:

(a) If the petitioner was adjudicated or convicted of an offense set forth in subsection A of this section, vacate the judgment of adjudication or conviction.

(b) State that it expunges any record of the petitioner's arrest, charge, conviction, adjudication and sentence.

(c) If the petitioner was convicted or adjudicated of an offense set forth in subsection A of this section, state that the petitioner's civil rights, including the right to possess firearms, are restored, unless the petitioner is otherwise not eligible for the restoration of civil rights on grounds other than a conviction for an offense set forth in subsection A of this section.

(d)  Require the clerk of the court to notify the department of public safety, the prosecuting agency and the arresting law enforcement agency, if applicable, of the expungement order.

(e) Require the clerk of the court to seal all records relating to the expunged arrest, charge, adjudication, conviction or sentence and allow the records to be accessed only by the individual whose record was expunged or the individual's attorney.

2. The department of public safety shall seal and separate the expunged record from its records and inform all appropriate state and federal law enforcement agencies of the expungement. Unless the petitioner is indigent, the department of public safety may charge the successful petitioner a reasonable fee determined by the director of the department of public safety to research and correct the petitioner's criminal history record.

3. The arresting and prosecuting agencies shall clearly identify in each agency's files and electronic records that the petitioner's arrest, charge, conviction, adjudication and sentence are expunged and shall not make any records of the expunged arrest, charge, conviction, adjudication or sentence available as a public record to any person except to the individual whose record was expunged or that individual's attorney.

D. An arrest, charge, adjudication, conviction or sentence that is expunged pursuant to this section may not be used in a subsequent prosecution by a prosecuting agency or court for any purpose.

E. An individual whose record of arrest, charge, adjudication, conviction or sentence is expunged pursuant to this section may state that the individual has never been arrested for, charged with, adjudicated or convicted of, or sentenced for the crime that is the subject of the expungement.

F. If the court denies a petition for expungement, the petitioner may file a direct appeal pursuant to section 13-4033, subsection A, paragraph 3.

G. On motion, the court shall dismiss with prejudice any pending complaint, information or indictment based on any offense set forth in subsection A of this section, to include charges or allegations based on or arising out of conduct occurring before the effective date of this chapter. The individual charged may thereafter petition the court to expunge records of the arrest and charge or allegation as provided in this section.  A motion brought pursuant to this subsection may be filed with the court before July 12, 2021.

H. The supreme court may adopt rules necessary to implement this section, and may also sponsor public service announcements or other notifications intended to provide notice to individuals who may be eligible to file petitions for expungement pursuant to this section.

I. A prosecuting agency may file a petition for expungement pursuant to this section on behalf of any individual who was prosecuted by that prosecuting agency, and the attorney general may file a petition for expungement pursuant to this section on behalf of any individual.
A.R.S. § 36-521 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 521
36-521 Preparation of petition for court-ordered evaluation; procedures for prepetition screening
Status: in_force

36-521. Preparation of petition for court-ordered evaluation; procedures for prepetition screening

A. On receiving the application for evaluation, the screening agency, before filing a petition for court-ordered evaluation, shall provide prepetition screening within forty-eight hours excluding weekends and holidays when possible to determine whether there is reasonable cause to believe the person has a persistent or acute disability or a grave disability or is a danger to self or others as a result of a mental disorder, and whether the person will voluntarily receive evaluation at a scheduled time and place.

B. After prepetition screening has been completed, the screening agency shall prepare a report of opinions and conclusions. If prepetition screening is not possible, the screening agency shall prepare a report giving reasons why the screening was not possible and including opinions and conclusions of staff members who attempted to conduct prepetition screening or otherwise investigated the matter.

C. If the prepetition screening agency determines that the application for evaluation is to be denied, the denial shall be stated in writing on the application form and shall be reviewed and confirmed by the medical director of the screening agency or the medical director's designee. If the screening agency determines that although the person does not currently meet the criteria for court-ordered evaluation, there are reasonable grounds to believe that the person has a mental disorder, is in need of further evaluation or treatment and is able and willing to pursue private or public evaluation or treatment services available to the person in the community, the screening agency shall assist the proposed patient in finding specific evaluation or treatment services in the proposed patient's area and, if requested, make a direct referral to a person, agency or organization providing behavioral health services for the purpose of evaluation and treatment.

D. If, based on the allegations of the applicant for the court-ordered evaluation and the prepetition screening report or other information obtained while attempting to conduct a prepetition screening, the agency determines that there is reasonable cause to believe that the proposed patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and that the proposed patient is unable or unwilling to voluntarily receive evaluation or is likely to present a danger to self or to others, has a grave disability or will further deteriorate before receiving a voluntary evaluation, the agency shall prepare a petition for court-ordered evaluation and shall file the petition, which shall be signed by the person who prepared the petition unless the county attorney performs these functions. If the agency determines that there is reasonable cause to believe that the person is in such a condition that without immediate hospitalization he is likely to harm himself or others, the agency shall take all reasonable steps to procure such hospitalization on an emergency basis.

E. The agency may contact the county attorney in order to obtain assistance in preparing the petition for court-ordered evaluation, and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether the court-ordered evaluation is justified.

F. The county attorney may prepare or sign or file the petition if a court has ordered the county attorney to prepare the petition.

G. If a petition for court-ordered evaluation alleges danger to others as described in section 36-501, the screening agency, before filing such a petition, shall contact the county attorney for a review of the petition.  The county attorney shall examine the petition and make one of the following written recommendations:

1. That a criminal investigation is warranted.

2. That the screening agency shall file the petition.

3. That no further proceedings are warranted.  The screening agency shall consider the recommendation in determining whether a court-ordered evaluation is justified and shall include the recommendation with the petition if the agency decides to file the petition with the court.

H. The petition shall be made in the form and manner prescribed by the director.

I. If a petition for court-ordered evaluation is filed by a prosecutor pursuant to section 13-4517, a prior application for court-ordered evaluation or prescreening is not necessary.
A.R.S. § 36-2241 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2241
36-2241 Required records; inspection by the department
Status: in_force

36-2241. Required records; inspection by the department

A. Pursuant to rules adopted by the director, an owner of an ambulance service shall maintain and keep within this state reasonable records, books and other data the director requires to enforce the provisions of this article. These records, books and other data shall not be destroyed for a period of three years after they are recorded. The records, books and other data shall be open to inspection by the department during reasonable office hours if the department is conducting an investigation into the operation of an ambulance service pursuant to section 36-2245.

B. If the director is holding a public rate increase hearing pursuant to section 36-2234, the department may inspect the records, books and other data to verify the truth and accuracy of these documents. The department shall conduct the inspection of these documents for a rate increase hearing only during reasonable office hours and only after giving the service at least one working day's notice.

C. If an audit is required, the department shall accept a certified audit that is performed by an independent auditor at the provider's expense in place of a department audit if the audit:

1. Is conducted in accordance with generally accepted auditing standards.

2. Includes findings regarding the ambulance service's compliance with the schedule of rates and charges approved by the director.

3. Is completed and forwarded to the department in a timely manner.
A.R.S. § 36-4010 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4010
36-4010 Place for proceedings; transportation; immunity
Status: in_force

36-4010. Place for proceedings; transportation; immunity

A. A committed defendant may not be transported from a secure state mental health facility, except that a committed defendant may be transported to court for any of the following reasons:

1. A hearing on a biannual examination.

2. A hearing on a petition for conditional release to a less restrictive alternative pursuant to section 36-4005.

3. A hearing on a petition for discharge pursuant to section 36-4009.

4. Any evidentiary hearing in which the presence of a committed defendant is necessary.

5. Any court proceeding not otherwise specified in this article where the presence of the committed defendant is required.

B. Subsection A of this section does not apply to any committed defendant who the court has determined is subject to discharge pursuant to section 36-4009 or to any necessary medical transports.

C. Subsection A of this section does not preclude any proceeding from being held on the grounds of the a secure state mental health facility or from using a telephonic conference or an interactive audiovisual device. The court shall adopt rules concerning the conduct of proceedings pursuant to this article.  The rules shall ensure the safety of all persons. The rules may include provisions that allow for proceedings to be held on the grounds of a secure state mental health facility or for the use of a telephonic conference or an interactive audiovisual device.

D. The medical director is responsible for transporting a committed defendant to and from a medical facility. The medical director shall determine the appropriate mode of transportation and level of security and restraint for the transportation needs of the committed defendant. In determining the appropriate mode of transportation and level of security and restraint, the medical director shall consider the safety of the public, the transporting personnel and the detained or committed defendant.

E. The medical director and any county sheriff are immune from liability for any good faith acts under this section.
A.R.S. § 36-445 — Arizona Code / Title 36 / Chapter 4 / Article 5 / Section 445
36-445 Review of certain medical practices
Status: in_force

36-445. Review of certain medical practices

The governing body of each licensed hospital or outpatient surgical center shall require that physicians admitted to practice in the hospital or center organize into committees or other organizational structures to review the professional practices within the hospital or center for the purposes of reducing morbidity and mortality and for the improvement of the care of patients provided in the institution.  Such review shall include the nature, quality and necessity of the care provided and the preventability of complications and deaths occurring in the hospital or center. Such review need not identify the patient or doctor by name but may use a case number or some other such designation.
A.R.S. § 36-2213 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2213
36-2213 Regulation of air ambulance services
Status: in_force

36-2213. Regulation of air ambulance services

The director shall adopt rules to establish minimum standards for the operation of air ambulance services that are necessary to assure the public health and safety. The director may use the current standards adopted by the commission on accreditation of air medical services. Each rule shall reference the specific authority from this chapter under which the rule was formulated. The rules shall provide for the department to do the following:

1. Establish standards and requirements relating to at least the following:

(a) Medical control plans. These plans shall conform to the standards adopted pursuant to section 36-2204, paragraph 9.

(b) Qualifications of the medical director of the air ambulance services.

(c) Operation of only those air ambulances registered pursuant to section 36-2212 and licensed pursuant to title 28, chapter 25.

2. Establish response times and operation times to assure that the health and safety needs of the public are met.

3. Establish standards for emergency medical dispatch training, including prearrival instruction. For the purposes of this paragraph, "emergency medical dispatch" means the receipt of calls requesting emergency medical services and the response of appropriate resources to the appropriate location.

4. Require the filing of run log information.

5. Issue, transfer, suspend or revoke air ambulance service licenses under terms and conditions consistent with this chapter. These rules shall be consistent for all ambulance services.

6. Investigate the operation of an air ambulance service including a person operating an ambulance that has not been issued a certificate of registration and conduct on-site investigations of facilities communications equipment, vehicles, procedures, materials and equipment.

7. Prescribe the terms of the air ambulance service license.

8. Prescribe the criteria for the air ambulance service license inspection process and for determining an air ambulance service's compliance with licensure requirements. The director shall accept proof that an air ambulance service is accredited by the commission on accreditation of air medical services in lieu of all licensing inspections required if the director receives a copy of the air ambulance service's accreditation report.
A.R.S. § 36-1676 — Arizona Code / Title 36 / Chapter 13 / Article 6 / Section 1676
36-1676 Injunction
Status: in_force

36-1676. Injunction

In addition to the remedies provided in this article, the director, with the assistance of the attorney general, may apply to the superior court for injunctive relief.
A.R.S. § 36-2604 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2604
36-2604 Use and release of confidential information; definitions
Status: in_force

36-2604. Use and release of confidential information; definitions

A. Except as otherwise provided in this section, prescription information submitted to the board pursuant to this article is confidential and is not subject to public inspection. The board shall establish procedures to ensure the privacy and confidentiality of patients and that patient information that is collected, recorded and transmitted pursuant to this article is not disclosed except as prescribed in this section.

B. The board or its designee shall review the prescription information collected pursuant to this article. If the board or its designee has reason to believe an act of unprofessional or illegal conduct has occurred, the board or its designee shall notify the appropriate professional licensing board. The board may delegate the duties prescribed in this subsection to the executive director pursuant to section 32-1904.

C. The board may release data collected by the program to the following:

1. A person who is authorized to prescribe or dispense controlled substances, or a delegate who is authorized by the prescriber or dispenser, to assist that person to provide medical or pharmaceutical care to a patient or to evaluate a patient or to assist with or verify compliance with the requirements of this chapter, the rules adopted pursuant to this chapter and the rules adopted by the department of health services to reduce opioid overdose and death.

2. An individual who requests the individual's own prescription monitoring information pursuant to section 12-2293.

3. A medical practitioner regulatory board established pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 25 or 29.

4. A local, state or federal law enforcement or criminal justice agency. The board shall provide this information only if the requesting agency has a valid search warrant and is using the information for an open investigation or complaint.

5. The Arizona health care cost containment system administration and contractors regarding persons who are receiving services pursuant to chapters 29 and 34 of this title or title XVIII of the social security act. Except as required pursuant to subsection B of this section, the board shall provide this information only if the administration or a contractor states in writing that the information is necessary for an open investigation or complaint or for performing a drug utilization review for controlled substances that supports the prevention of opioid overuse or abuse and the safety and quality of care provided to the member.

6. A health care insurer. Except as required pursuant to subsection B of this section, the board shall provide this information only if the health care insurer states in writing that the information is necessary for an open investigation or complaint or for performing a drug utilization review for controlled substances that supports the prevention of opioid overuse or abuse and the safety and quality of care provided to the insured.

7. A person who is serving a lawful order of a court of competent jurisdiction.

8. A person who is authorized to prescribe or dispense controlled substances and who performs an evaluation on an individual pursuant to section 23-1026.

9. A county medical examiner or alternate medical examiner who is directing an investigation into the circumstances surrounding a death as described in section 11-593 or a delegate who is authorized by the county medical examiner or alternate medical examiner.

10. The department of health services regarding persons who are receiving or prescribing controlled substances in order to implement a public health response to address opioid overuse or abuse, including a review pursuant to section 36-198. Except as required pursuant to subsection B of this section, the board shall provide this information only if the department states in writing that the information is necessary to implement a public health response to help combat opioid overuse or abuse.

D. Data provided by the board pursuant to this section may not be used for any of the following:

1. Credentialing health care professionals.

2. Determining payment.

3. Preemployment screening.

4. Any purpose other than as specified in this section.

E. For a fee determined by the board, the board may provide data to public or private entities for statistical, research or educational purposes after removing information that could be used to identify individual patients or persons who received prescriptions from dispensers.

F. Any employee of the administration, a contractor or a health care insurer who is assigned delegate access to the program shall operate under the authority and responsibility of the administration's, contractor's or health care insurer's chief medical officer or other employee who is a licensed health care professional and who is authorized to prescribe or dispense controlled substances. A delegate of the administration, a contractor or a health care insurer shall hold a valid license or certification issued pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 18, 19.1, 25, 29 or 33 as a condition of being assigned and provided delegate access to the program by the board.  Each employee of the administration, a contractor or a health care insurer who is a licensed health care professional and who is authorized to prescribe or dispense controlled substances may authorize not more than ten delegates.

G. If, after reviewing the information provided pursuant to subsection C, paragraph 4 of this section, an investigator finds no evidence of a statutory crime but suspects a medical practitioner of prescribing controlled substances inappropriately in manner or amount, the investigator may refer the medical practitioner to the relevant professional licensing board for investigation of possible deviation from the standard of care but may not arrest or otherwise undertake criminal proceedings against the medical practitioner.

H. A person who is authorized to prescribe or dispense controlled substances or the chief medical officer or other licensed health care professional of the administration, a contractor or a health care insurer who is authorized to prescribe or dispense controlled substances shall deactivate a delegate within five business days after an employment status change, the request of the delegate or the inappropriate use of the controlled substances prescription monitoring program's central database tracking system.

I. For the purposes of this section:

1. "Administration" and "contractor" have the same meanings prescribed in section 36-2901.

2. "Delegate" means any of the following:

(a) A licensed health care professional who is employed in the office of or in a hospital with the prescriber or dispenser.

(b) An unlicensed medical records technician, medical assistant or office manager who is employed in the office of or in a hospital with the prescriber or dispenser and who has received training regarding both the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E) and security standards (45 Code of Federal Regulations part 164, subpart C).

(c) A forensic pathologist, medical death investigator or other qualified person who is assigned duties in connection with a death investigation pursuant to section 11-594.

(d) A registered pharmacy technician trainee, licensed pharmacy technician or licensed pharmacy intern who works in a facility with the dispenser.

(e) Any employee of the administration, a contractor or a health care insurer who is authorized by the administration's, contractor's or health care insurer's chief medical officer or other licensed health care professional who is authorized to prescribe or dispense controlled substances.

3. "Health care insurer" has the same meaning prescribed in section 20-3151.
A.R.S. § 36-2934 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2934
36-2934 Eligibility criteria; qualifications for coverage; liquidation of assets
Status: in_force

36-2934. Eligibility criteria; qualifications for coverage; liquidation of assets

A. A person meets the eligibility criteria of this article and the section 1115 waiver if the person satisfies one of the following:

1. Is eligible pursuant to section 36-2901, paragraph 6, subdivision  (a), item (i) or (ii) on the date of application for medical assistance under this article and meets the resource requirements prescribed by federal law.

2. Would be eligible for supplemental security income for the aged, blind or persons with disabilities or temporary assistance for needy families but is not receiving cash payment.

3. Would be eligible for supplemental security income for the aged, blind or persons with disabilities or under section 1931(b) of the social security act except for the person's institutional status.

4. Is in a medical institution for a period of not less than thirty consecutive days and except for the person's income the person would be eligible for supplemental security income for the aged, blind or disabled or temporary assistance for needy families and the person's gross income before deductions does not exceed three hundred per cent of the supplemental security income benefit rate established by section 1611(b)(1) of the social security act.

5. Would be eligible for medical assistance under the state plan if the person was institutionalized and a determination has been made that except for the provision of home and community based services the person would require the level of care provided in a hospital, skilled nursing facility or intermediate care facility.

B. In addition to meeting the requirements of subsection A of this section, a person may not have, within the time specified in federal law before filing an application for eligibility pursuant to section 36-2933, transferred or assigned for less than fair consideration assets as defined by federal law for the purpose of meeting the eligibility criteria pursuant to this section.  If a transfer or assignment occurred, the administration may deny eligibility for a period in accordance with federal law.  Transfers that are permitted under federal law shall not serve to disqualify a person from eligibility for services pursuant to this article. This subsection also applies to persons who are eligible pursuant to section 36-2901, paragraph  6, subdivision (a) and who receive medical assistance under article 1 of this chapter.

C. In addition to meeting the requirements of subsection A, paragraph 3 of this section, the director may require that a person's net income shall not exceed a state income standard established by the director, which is less than three hundred per cent of the supplemental security income benefit rate established by section 1611 of the social security act.

D. Notwithstanding any other provision of this section, a person shall not receive services under this article who is not eligible pursuant to title XIX of the social security act or the section 1115 waiver.

E. The administration shall periodically review the eligibility pursuant to this section of each member in accordance with federal law.

F. The administration shall determine a person's eligibility pursuant to this section within the time periods required or allowed by federal law.

G. An applicant shall provide the administration with a statement in accordance with federal law containing at least the following information:

1. The amount of personal and real property in which the applicant has an interest.

2. All income that the applicant received during the period immediately before application.

3. Any assets as defined by federal law assigned or transferred by the applicant within the time prescribed by federal law immediately before filing the application for eligibility pursuant to section 36-2933.

4. Any further information the director by rule requires to determine eligibility.

H. A designated representative, as defined pursuant to rules adopted by the director, or a public employee who prepares and signs, or assists in preparing, an application for benefits under this article on behalf of an applicant is not civilly liable for good faith acts and omissions.
A.R.S. § 36-2155 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2155
36-2155 Performance of an abortion by individual who is not a physician; prohibition; definitions
Status: in_force

36-2155. Performance of an abortion by individual who is not a physician; prohibition; definitions

A. An individual who is not a physician shall not perform a surgical abortion.

B. For the purposes of this section:

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

2. "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.
A.R.S. § 36-2603 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2603
36-2603 Computerized central database tracking system task force; consultation on electronic prescribing; membership
Status: in_force

36-2603. Computerized central database tracking system task force; consultation on electronic prescribing; membership

A. The board shall appoint a task force to help it administer the computerized central database tracking system, to identify educational, outreach and support services to advance medical practitioners' adoption of electronic prescribing of schedule II controlled substances and pharmacy implementation of section 36-2525 and to consult with regarding recommendations for exceptions to the electronic prescribing requirements prescribed in section 36-2525.  The chairperson of the board shall chair the task force.  The task force shall include the following members:

1. Pharmacists, medical practitioners and other licensed health care providers.

2. Representatives of professional societies and associations for pharmacists, medical practitioners and other licensed health care providers.

3. Representatives of professional licensing boards.

4. Representatives of the Arizona health care cost containment system administration.

5. Representatives of state and federal agencies that have an interest in controlling controlled substances.

6. Criminal prosecutors.

7. Representatives of a health information organization in this state.

B. The task force shall meet to establish the procedures and conditions relating to the release of prescription information pursuant to section 36-2604.  The task force shall meet at least once each year and at the call of the chairperson.

C. Task force members serve at the pleasure of the board and are not eligible to receive compensation or reimbursement of expenses.