A.R.S. § 36-545.02 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.02
36-545.02 State hospital reimbursements; disposition of funds
Status: in_force

36-545.02. State hospital reimbursements; disposition of funds

All monies collected pursuant to sections 36-545 and 36-545.01 for examination, evaluation, treatment and maintenance of patients shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.
A.R.S. § 36-1633 — Arizona Code / Title 36 / Chapter 13 / Article 2.1 / Section 1633
36-1633 Installation of non-safety glazing materials in hazardous location
Status: in_force

36-1633. Installation of non-safety glazing materials in hazardous location

It shall be unlawful for any material supplier, contractor, subcontractor or any person other than an employee of the foregoing, who is responsible for installation of glazing materials, to knowingly install, cause to be installed or consent to the installation of glazing materials other than safety glazing materials in any hazardous location.
A.R.S. § 36-1673 — Arizona Code / Title 36 / Chapter 13 / Article 6 / Section 1673
36-1673 Reporting of lead levels
Status: in_force

36-1673. Reporting of lead levels

The director shall adopt rules and regulations establishing an effective procedure under which all physicians licensed pursuant to title 32, chapter 13, 14 or 17 shall report to the department all analyses of blood samples which indicate significant levels of lead. The regulations shall include such necessary criteria to determine those levels of significance which shall be reported.
A.R.S. § 36-537 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 537
36-537 Powers and duties of counsel
Status: in_force

36-537. Powers and duties of counsel

A. The medical director of the agency that conducted the evaluation, at least seventy-two hours before the hearing, shall make available to the patient's attorney copies of the petition for evaluation, the prepetition screening report, the evaluation report, the patient's medical records for the current admission and a list of alternatives to court-ordered treatment that are used in similar cases with an explanation of why they are not appropriate or available.

B. The patient's attorney, for all hearings, whether for evaluation or treatment, shall fulfill the following minimal duties:

1. Within twenty-four hours of appointment, conduct an interview of the patient. The attorney shall explain to the patient the patient's rights pending court-ordered treatment, the procedures leading to court-ordered treatment, the standards for court-ordered treatment, the alternative of becoming a voluntary patient and whether stipulations at the hearing are appropriate. If the attorney is appointed, the attorney also shall explain that the patient can obtain the patient's own counsel at the patient's own expense and that, if it is later determined that the person is not indigent, the person will be responsible for the fees of the appointed attorney for services rendered after the initial attorney-client conference.

2. At least twenty-four hours before the hearing, review the petition for evaluation, prepetition screening report, evaluation report, petition for treatment, the patient's medical records and the list of alternatives to court-ordered treatment.

3. At least twenty-four hours before the hearing, interview the petitioner, if available, and the petitioner's supporting witnesses, if known and available.

4. At least twenty-four hours before the hearing, interview the physicians or the psychiatric and mental health nurse practitioner who will testify at the hearing, if available, and investigate the possibility of alternatives to court-ordered treatment.

C. Failure of the attorney to fulfill at least the duties prescribed by subsection B may be punished as contempt of court.

D. At a hearing held pursuant to this article, the patient's attorney may enter stipulations on behalf of the patient.
A.R.S. § 36-339 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 339
36-339 Missing children; notification; flagging birth certificate records; definitions
Status: in_force

36-339.  Missing children; notification; flagging birth certificate records; definitions

A. If a child is reported missing to a law enforcement agency in this state, that agency shall notify the state registrar in the state of the child's birth.  The notification shall include the missing child's name, date of birth and county of birth.

B. If the state registrar is notified pursuant to subsection A that a child born in this state is missing, the state registrar shall flag the child's registered birth certificate.  If the missing child is found, the law enforcement agency that reported the child missing shall notify the state registrar and the state registrar shall remove the flag from the child's registered birth certificate.

C. If the state registrar receives a request for a registered certificate that is flagged, the state registrar shall:

1. Make a photocopy of the photo identification of the person making the request.

2. Document the physical description of the person making the request.

3. Immediately notify a law enforcement agency in this state of the request.

D. For the purposes of this section:

1. "Flag" means to indicate on a child's registered birth certificate that the child is a missing child.

2. "Missing child" means a child whose location cannot be determined and who is reported to a law enforcement agency as abducted, lost or a runaway.
A.R.S. § 36-2941 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2941
36-2941 Establishment of capitation rates
Status: in_force

36-2941. Establishment of capitation rates

A. The administration shall establish capitation rates based on an actuarial study for the department. The capitation rate shall be based on the estimated cost of providing services pursuant to this article to members who have been determined eligible pursuant to section 36-2933.

B. At least thirty days before finalizing the capitation rates, the administration shall send written notice of the proposed capitation rates to the department.

C. Capitation rate adjustments shall be limited to utilization of existing services and inflation unless policy changes, including creation or expansion of programs, have been approved by the legislature or are specifically required by federal law or court mandate.
A.R.S. § 36-2064 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2064
36-2064 Certified sober living homes; licensure; inspection waiver
Status: in_force

36-2064. Certified sober living homes; licensure; inspection waiver

A. A sober living home that is licensed in this state and that is certified by a certifying organization may operate in this state and receive referrals pursuant to section 36-2065.

B. In lieu of an initial on-site licensure inspection and any annual on-site inspection, the department shall issue a license to a sober living home that submits an application prescribed by the department and that meets the following requirements:

1. Is currently certified as a sober living home by a certifying organization.

2. Meets all department licensure requirements.

3. Does not receive any monies from this state or the federal government.

4. Has not been subject to an enforcement action pursuant to section 36-2063 within the preceding year.

C. The director may accept proof that a sober living home is a certified sober living home in lieu of all compliance inspections required by this article if the director receives a copy of the sober living home's certification report for the licensure period and the sober living home is certified by a certifying organization.  If the certification report is not valid for the entire licensure period, the department may conduct a compliance inspection of the sober living home during the time period the department does not have a valid certification report for the sober living home.
A.R.S. § 36-2212 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2212
36-2212 Certificate of registration to operate an ambulance; termination on change in ownership; fees
Status: in_force

36-2212. Certificate of registration to operate an ambulance; termination on change in ownership; fees

A. A person shall not operate an ambulance in this state unless the ambulance has a certificate of registration and complies with this article and the rules, standards and criteria adopted pursuant to this article.

B. A person may obtain a certificate of registration to operate an ambulance by submitting an application on a form prescribed by the director and by demonstrating to the director's satisfaction that the applicant is in compliance with this article and all rules, standards and criteria adopted by the director for the operation of an ambulance.

C. A certificate of registration issued under this section terminates on any change of ownership or control of the ambulance. Following any change of ownership, the new owner of an ambulance shall apply for and receive a new certificate of registration from the director before the ambulance may again be operated in this state. This subsection does not apply if an ambulance service borrows, leases, rents or otherwise obtains a registered ambulance from another ambulance service to temporarily replace an inoperable ambulance.

D. The department shall issue a certificate of registration to a person that complies with the requirements of this article and that pays an initial registration fee. A certificate of registration is valid for one year, but an ambulance service may request that the department issue an initial certificate of registration that expires before the end of one year in order for the department to conduct an annual inspection of all of the ambulance service's ambulances at one time. A person may renew a certificate of registration by complying with the requirements of this article and by paying a renewal fee prescribed by the director. The fee for initial registration and registration renewal shall not exceed $50 for each ambulance. The department shall base these fees on an amount that approximates the per vehicle costs incurred by the department to administer this chapter. The director shall deposit, pursuant to sections 35-146 and 35-147, fees collected under this subsection in the state general fund. The department shall not charge a registration fee for an ambulance to an ambulance service that operates an ambulance or ambulances only as a volunteer not-for-profit service.
A.R.S. § 36-2985 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2985
36-2985 Notice of program suspension; spending limit
Status: in_force

36-2985. Notice of program suspension; spending limit

A. If the director determines that federal and state monies appropriated for the program are insufficient, the administration shall immediately notify the governor, the president of the senate and the speaker of the house of representatives and may stop processing all new applications.

B. The total amount of state monies that the administration may spend in any fiscal year for health care provided under this article shall not exceed the amount appropriated or authorized by section 35-173.

C. This article does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
A.R.S. § 36-2802 — Arizona Code / Title 36 / Chapter 28.1 / Section 2802
36-2802 Arizona Medical Marijuana Act; limitations
Status: in_force

36-2802. Arizona Medical Marijuana Act; limitations

(Caution:  1998 Prop. 105 applies)

This chapter does not authorize any person to engage in, and does not prevent the imposition of any civil, criminal or other penalties for engaging in, the following conduct:

A. Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice.

B. Possessing or engaging in the medical use of marijuana:

1. On a school bus.

2. On the grounds of any preschool or primary or secondary school.

3. In any correctional facility.

C. Smoking marijuana:

1. On any form of public transportation.

2. In any public place.

D. Operating, navigating or being in actual physical control of any motor vehicle, aircraft or motorboat while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.

E. Using marijuana except as authorized under this chapter.
A.R.S. § 36-545.08 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.08
36-545.08 Arizona state hospital fund; purpose
Status: in_force

36-545.08. Arizona state hospital fund; purpose

A. The Arizona state hospital fund is established for the purposes prescribed in section 36-545.01, subsection I.  The department of health services shall administer the fund.  The fund consists of the following:

1. Monies reimbursed by the federal government under title XIX of the social security act for services provided at the state hospital.

2. Monies collected pursuant to section 36-3410 for services to clients at the state hospital.

3. Monies collected from counties for the cost of a defendant's inpatient competency restoration treatment.

B. The department shall deposit monies collected pursuant to subsection A of this section into three separate accounts.

C. Monies in the fund deposited under subsection A, paragraphs 1 and 3 of this section are subject to legislative appropriation and are designated for state hospital operations.  Monies in the fund deposited under subsection A, paragraph 2 of this section are a continuing appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund deposited under subsection A, paragraph 3 of this section remaining unexpended and unencumbered at the end of the fiscal year revert to the state general fund.  Monies in the fund deposited under subsection A, paragraph 1 of this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-595.03 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 595.03
36-595.03 Developmental disabilities group home monitoring program; clients with complex needs; designated entity duties; expedited referral system; reporting requirements; program review; definition
Status: in_force

36-595.03. Developmental disabilities group home monitoring program; clients with complex needs; designated entity duties; expedited referral system; reporting requirements; program review; definition

(Rpld. 1/1/28)

A. The developmental disabilities group home monitoring program is established in the department. Subject to available appropriations, the department shall contract with the entity that has been designated by this state to operate the protection and advocacy system for persons with developmental disabilities in this state pursuant to the developmental disabilities assistance and bill of rights act of 2000 (42 United States Code sections 15041 through 15045) to conduct the program.

B. The designated entity, at a minimum, shall do all of the following beginning January 1, 2026:

1. Monitor in person the group homes that provide services to clients with complex needs to determine, at a minimum, whether:

(a) The client with complex needs receives the services identified in the person-centered service plan of the client with complex needs, including medication monitoring and habilitation treatment, as applicable.

(b) The provision of services identified in the person-centered service plan of the client with complex needs has been effective in addressing the complex needs.

(c) A behavior treatment plan is in place, is compliant with department rules and has had a positive impact on behaviors that interfered with the ability of the client with complex needs to live safely in the community.

2. Use a monitoring tool to assess whether the following criteria were satisfied:

(a) The client with complex needs received the physical health and behavioral health services that the client requires as outlined by the client's health care providers and person-centered service plan, including regular physical activity with modification for the client's physical disability, if any.

(b) The client with complex needs had the client's dietary requirements met, including compliance with all dietary orders from the client's health care providers.

(c) The food provided in the group home met generally accepted dietary standards and guidelines for healthy Americans in accordance with the United States department of agriculture dietary guidelines.

(d) The guardian of the client with complex needs and the client, as applicable, were included in all decisions made regarding the client and informed of any changes to the client's regular activities or daily routine.

(e) Group home direct care staff demonstrated the knowledge and skills required to meet the medical and behavioral health care needs of the client with complex needs as outlined in the client's person-centered service plan and behavior treatment plan, if applicable.

(f) The client with complex needs had access to and used all prescribed adaptive equipment.

(g) Group home direct care staff worked with the behavioral health providers serving the client with complex needs as allowed by the client or client's guardian and as outlined in the client's person-centered service plan and behavior treatment plan, if applicable.

(h) The group home of the client with complex needs complied with applicable incident reporting policies, including documenting and reporting physical interventions and any other emergency measures taken.

3. Complete follow-up monitoring reviews for group homes that were monitored pursuant to paragraph 1 of this subsection and that the designated entity identified as having significant quality of care concerns.

4. Compile and complete both of the following:

(a) Monthly reports to the department detailing the results of all monitoring from the previous month, including identified systemic issues and recommendations for improvement.

(b) A comprehensive annual report of all observations and outcomes during the preceding year.

C. On or before January 1, 2026, the department shall establish an expedited referral system to ensure that copies of all incident reports, quality of care complaints, investigation records and client service requests for each group home monitored pursuant to subsection B, paragraph 1 of this section are forwarded to the designated entity for review and analysis pursuant to this section. If the designated entity identifies concerns during its follow-up monitoring reviews, the information shall be provided to the department, which shall share the allegation with the service provider and the independent oversight committee on persons with developmental disabilities established by section 41-3801.

D. The department shall:

1. Educate service providers on the requirements of the developmental disabilities group home monitoring program and the role of the designated entity.

2. Provide the designated entity with access to all necessary information to complete the monitoring requirements pursuant to subsection B of this section.

3. Provide the designated entity with quarterly written reports responding to the issues identified in the designated entity's monthly reports from the previous quarter, including identifying the actions taken in response to the identified systemic issues and recommendations received from the designated entity.

4. Publish on the department's public website all of the following:

(a) All of the designated entity's monthly and annual reports pursuant to subsection B, paragraph 4 of this section.

(b) All quarterly reports from the department pursuant to paragraph 3 of this subsection.

(c) The monitoring tool and related instructions used by the designated entity to monitor group homes pursuant to this section.

E. On or before January 15, 2026 and each January 15 thereafter, the designated entity shall report to the governor, the president of the senate and the speaker of the house of representatives, and provide a copy of the report to the secretary of state and the independent oversight committee on persons with developmental disabilities established by section 41-3801, regarding the observations and outcomes of the program, including systemic issues that were identified, the quality of services provided to persons with developmental disabilities who have complex needs in this state and any recommendations for service improvements.

F. On or before January 1, 2030, the health and human services committees, or their successor committees, in the senate and the house of representatives shall:

1. Review the reports submitted pursuant to subsection E of this section and the department's responses pursuant to subsection D, paragraph 3 of this section to the designated entity's monthly reports, including observations and outcomes of the program, systemic issues that were identified, the quality of services provided to persons with developmental disabilities who have complex needs in this state, any recommendations for service improvements and actions taken by the department.

2. Determine whether the program should be continued, modified or discontinued.

G. For the purposes of this section, "client with complex needs" or "client" means a client with dual disorders, including psychiatric disorders and developmental disabilities, who engages in behaviors that are disruptive, socially inappropriate or harmful or dangerous to self or others, that interfere with functioning and quality of life or that may cause destruction of property.
A.R.S. § 36-2525 — Arizona Code / Title 36 / Chapter 27 / Article 3 / Section 2525
36-2525 Prescription orders; labels; recordkeeping; definition
Status: in_force

36-2525. Prescription orders; labels; recordkeeping; definition

A. In addition to the requirements of section 32-1968 pertaining to prescription orders for prescription-only drugs, the prescription order for a controlled substance shall bear the name, address and federal registration number of the prescriber. A prescription order for a schedule II controlled substance drug other than a hospital drug order for a hospital inpatient shall contain only one drug order per prescription blank. If authorized verbally by the prescriber, the pharmacist may make changes to a written or electronic schedule II controlled substance prescription order, except for any of the following:

1. The patient's name.

2. The prescriber's name.

3. The drug name.

B. The pharmacist must document on the original prescription order the changes that were made pursuant to the verbal authorization and record the time and date the authorization was granted.

C. A person who is registered to dispense controlled substances under this chapter must keep and maintain prescription orders for controlled substances as follows:

1. Prescription orders for controlled substances listed in schedules I and II must be maintained in a separate prescription file for controlled substances listed in schedules I and II only.

2. Prescription orders for controlled substances listed in schedules III, IV and V must be maintained either in a separate prescription file for controlled substances listed in schedules III, IV and V only or in a form that allows them to be readily retrievable from the other prescription records of the registrant. For the purposes of this paragraph, "readily retrievable" means that, when the prescription is initially filed, the face of the prescription is stamped in red ink in the lower right corner with the letter "C" in a font that is at least one inch high and that the prescription is filed in the usual consecutively numbered prescription file for noncontrolled substance prescriptions.  The requirement to stamp the hard copy prescription with a red "C" is waived if a registrant employs an electronic data processing system or other electronic recordkeeping system for prescriptions that allows identification by prescription number and retrieval of original documents by the prescriber's name, patient's name, drug dispensed and date filled.

D. Except in emergency situations in conformity with subsection E of this section, under the conditions specified in subsections F and G of this section or when dispensed directly by a medical practitioner to an ultimate user, a controlled substance in schedule II shall not be dispensed without either the written prescription order in ink or indelible pencil or typewritten and manually signed by the medical practitioner or an electronic prescription order as prescribed by federal law or regulation. A schedule II controlled substance that is an opioid may be dispensed only with an electronic prescription order as prescribed by federal law or regulation. A prescription order for a schedule II controlled substance shall not be dispensed more than ninety days after the date on which the prescription order was issued.  Notwithstanding any other provision of this section, a pharmacy may sell and dispense a schedule II controlled substance prescribed by a medical practitioner who is located in another state if the prescription was issued to the patient according to and in compliance with the applicable laws of the state of the prescribing medical practitioner and federal law. A prescription order for a schedule II controlled substance shall not be refilled. A pharmacist is not in violation of this subsection and may dispense a prescription order in the following circumstances:

1. During any time period in which an established electronic prescribing system or a pharmacy management system is not operational or available in a timely manner.  If the electronic prescribing system or a pharmacy management system is not operational or available, the pharmacist may dispense a prescription order that is written for a schedule II controlled substance that is an opioid.  The pharmacist must maintain a record, for a period of time prescribed by the board, of when the electronic prescribing system or pharmacy management system is not operational or available in a timely manner.

2. The prescription order for a schedule II controlled substance that is an opioid is in writing and indicates that the medical practitioner who issued the prescription order provided care for the patient in a veterans administration facility, a health facility on a military base, an Indian health services hospital or other Indian health service facility, or a tribal-owned clinic.

E. In emergency situations, emergency quantities of schedule II controlled substances may be dispensed on an oral prescription order of a medical practitioner. Such an emergency prescription order shall be immediately reduced to writing by the pharmacist and shall contain all the information required for schedule II controlled substances except for the manual signing of the order by the medical practitioner.  Within seven days after authorizing an emergency oral prescription order, the prescribing medical practitioner shall cause a written prescription order manually signed for the emergency quantity prescribed to be delivered to the dispensing pharmacist or an electronic prescription order to be transmitted to the dispensing pharmacist. In addition to conforming to other requirements for prescription orders for schedule II controlled substances, the prescription order shall indicate electronically or have written on its face "authorization for emergency dispensing" and the date of the oral order. If the prescribing medical practitioner fails to deliver such an emergency prescription order within seven days in conformance with board rules, the pharmacist shall notify the board.  Failure of the pharmacist to notify the board voids the authority conferred by this subsection to dispense without a prescription order of a medical practitioner that is electronic or that is written and manually signed.

F. Notwithstanding subsections D and N of this section, a patient's medical practitioner or the medical practitioner's agent may transmit to a pharmacy by fax a prescription order written for a schedule II controlled substance, including opioids, if the prescription order is any of the following:

1. To be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion.

2. For a resident of a long-term care facility.

3. For a patient who is enrolled in a hospice care program that is certified or paid for by medicare under title XVIII or a hospice program that is licensed by this state. The medical practitioner or the medical practitioner's agent must note on the prescription that the patient is a hospice patient.

G. A fax transmitted pursuant to subsection F of this section is the original written prescription order for purposes of this section and must be maintained as required by subsection C of this section.

H. Except when dispensed directly by a medical practitioner to an ultimate user, a controlled substance included in schedule III or IV that requires a prescription order as determined under state or federal laws shall not be dispensed without a written or oral prescription order of a medical practitioner or an electronic prescription order as prescribed by federal law or regulation. The prescription order shall not be filled or refilled more than six months after the date on which the prescription order was issued.  A prescription order authorized to be refilled shall not be refilled more than five times.  Additional quantities may only be authorized by the prescribing medical practitioner through issuance of a new prescription order that shall be treated by the pharmacist as a new and separate prescription order.

I. Except when dispensed directly by a medical practitioner to an ultimate user, a controlled substance that is included in schedule V and that requires a prescription order as determined under state or federal laws shall not be dispensed without a written or oral prescription order of a medical practitioner. The prescription order may be refilled as authorized by the prescribing medical practitioner but shall not be filled or refilled more than one year after the date of issuance.

J. A controlled substance that is listed in schedule III, IV or V and that does not require a prescription order as determined under state or federal laws may be dispensed at retail by a pharmacist or a pharmacy intern under the pharmacist's supervision without a prescription order to a purchaser who is at least eighteen years of age if all of the following are true:

1. It is for a legitimate medical purpose.

2. Not more than two hundred forty cubic centimeters (eight ounces) of any such controlled substance containing opium, nor more than one hundred twenty cubic centimeters (four ounces) of any other such controlled substance, nor more than forty-eight dosage units of any such controlled substance containing opium, nor more than twenty-four dosage units of any other controlled substance may be dispensed at retail to the same purchaser in any given forty-eight-hour period.

3. Not more than one hundred dosage units of any single active ingredient ephedrine preparation may be sold, offered for sale, bartered or given away to any one person in any one thirty-day period.

4. The pharmacist or pharmacy intern requires every purchaser of a controlled substance under this subsection who is not known to that person to furnish suitable identification, including proof of age if appropriate.

5. A bound record book for dispensing controlled substances under this subsection is maintained by the pharmacist and contains the name and address of the purchaser, the name and quantity of the controlled substance purchased, the date of each purchase and the name or initials of the pharmacist or pharmacy intern who dispensed the substance to the purchaser. The book shall be maintained in conformity with the recordkeeping requirements of section 36-2523.

K. In the absence of a law requiring a prescription for a schedule V controlled substance, the board, by rules, may require, or remove the requirement of, a prescription order for a schedule V controlled substance.

L. The label on a container of a controlled substance that is directly dispensed by a medical practitioner or pharmacist and that is not for the immediate administration to the ultimate user, such as a bed patient in a hospital, shall bear the name and address of the dispensing medical practitioner or pharmacist, the serial number, the date of dispensing, the name of the prescriber, the name of the patient or, if an animal, the name of the owner of the animal and the species of the animal, the directions for use and cautionary statements, if any, contained in the prescription order or required by law.  If the controlled substance is included in schedule II, III or IV, the label shall bear a transfer warning to the effect: "Caution: federal law prohibits the transfer of this drug to any person other than the patient for whom it was prescribed".  The container of a schedule II controlled substance that is an opioid that is directly dispensed by a pharmacist and that is not for the immediate administration to the ultimate user shall have a warning label prescribed by the board about potential addiction.

M. Controlled substances in schedules II, III, IV and V may be dispensed as electronically transmitted prescriptions if the prescribing medical practitioner is all of the following:

1. Properly registered by the United States drug enforcement administration.

2. Licensed in good standing in the United States jurisdiction in which the medical practitioner practices.

3. Authorized to issue such prescriptions in the jurisdiction in which the medical practitioner is licensed.

N. Notwithstanding any other provision of this section, each prescription order, except a prescription order under subsection F of this section, that is issued by a medical practitioner for a schedule II controlled substance that is an opioid shall be transmitted electronically to the dispensing pharmacy.  A medical practitioner is not in violation of this subsection:

1. During any time in which an established electronic prescribing system or a pharmacy management system is not operational or available in a timely manner. If the electronic prescribing system or a pharmacy management system is not operational or available, the medical practitioner may write a prescription order for a schedule II controlled substance that is an opioid. The medical practitioner shall indicate on the written prescription order that the electronic prescribing system or pharmacy management system is not operational or available. The medical practitioner must maintain a record, for a period of time prescribed by the board, of when the electronic prescribing system or pharmacy management system is not operational or available in a timely manner.

2. If the medical practitioner writes a prescription order for a schedule II controlled substance that is an opioid that will be dispensed for the patient from a veterans administration facility, a health facility on a military base, an Indian health services hospital or other Indian health service facility, or a tribal-owned clinic.

O. The requirement in subsections D and N of this section for an electronic prescription order does not apply to a prescription order for a schedule II controlled substance that is an opioid that is issued for medication-assisted treatment for a substance use disorder.

P. The board, by rule, may provide additional requirements for prescribing and dispensing controlled substances.

Q. In consultation with the task force established pursuant to section 36-2603, the board may prescribe by rule additional exceptions to the electronic prescribing requirements specified in this section for both pharmacists and medical practitioners.

R. Notwithstanding subsections D and N of this section, a medical practitioner who is licensed pursuant to title 32, chapter 21 is not required to comply with the electronic prescribing requirements of subsections D and N of this section until the Arizona state veterinary medical examining board determines that electronic prescribing software is widely available for veterinarians and notifies the Arizona state board of pharmacy of that determination.

S. For the purposes of this section, "medication-assisted treatment" has the same meaning prescribed in section 32-3201.01.
A.R.S. § 36-478 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 478
36-478 Injunction
Status: in_force

36-478. Injunction

The operation or maintenance of an unlicensed clinical laboratory in violation of this article is declared a nuisance inimical to the public health, welfare and safety. The director, in the name of the people of the state, through the attorney general, may, in addition to other remedies provided in this article, bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such clinical laboratory until compliance with the provisions of this article has been obtained.
A.R.S. § 36-601.01 — Arizona Code / Title 36 / Chapter 6 / Article 1 / Section 601.01
36-601.01 Smoke-free Arizona act
Status: in_force

36-601.01. Smoke-free Arizona act

(Caution:  1998 Prop. 105 applies.)

A. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1. "Employee" means any person who performs any service on a full-time, part-time or contracted basis whether or not the person is denominated an employee, independent contractor or otherwise and whether or not the person is compensated or is a volunteer.

2. "Employer" means a person, business, partnership, association, the state of Arizona and its political subdivisions, corporations, including a municipal corporations, trust, or non-profit entity that employs the services of one or more individual persons.

3. "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling.  Enclosed area includes a reasonable distance from any entrances, windows and ventilation systems so that persons entering or leaving the building or facility shall not be subjected to breathing tobacco smoke and so that tobacco smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means.

4. "Health care facility" means any enclosed area utilized by any health care institution licensed according to title 36 chapter 4, chapter 6 article 7, or chapter 17, or any health care professional licensed according to title 32 chapters 7, 8, 11, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 21, 25, 28, 29, 33, 34, 35, 39, 41, or 42.

5. "Person" means an individual, partnership, corporation, limited liability company, entity, association, governmental subdivision or unit of a governmental subdivision, or a public or private organization of any character.

6. "Physically separated" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageway) and independently ventilated from smoke-free areas, so that air within permitted smoking areas does not drift or get vented into smoke-free areas.

7. "Places of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including office buildings, work areas, auditoriums, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, stairs, elevators, health care facilities, private offices and vehicles owned and operated by the employer during working hours when the vehicle is occupied by more than one person.  A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

8. "Veteran and fraternal clubs" means a club as defined in A.R.S. 4-101(7)(a)(b) or (c).

9. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including airports, banks, bars, common areas of apartment buildings, condominiums or other multifamily housing facilities, educational facilities, entertainment facilities or venues, health care facilities, hotel and motel common areas, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports facilities, theaters, and waiting rooms.  A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.

10. "Retail tobacco store" means a retail store that derives the majority of its sales from tobacco products and accessories.

11. "Smoking" means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product.

12. "Sports facilities" means enclosed areas of sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, billiard halls, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sporting events.

B. Smoking is prohibited in all public places and places of employment within the state of Arizona, except the following:

1. Private residences, except when used as a licensed child care, adult day care, or health care facility.

2. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than fifty percent of rooms rented to guests in a hotel or motel are so designated.

3. Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section.

4. Veterans and fraternal clubs when they are not open to the general public.

5. Smoking when associated with a religious ceremony practiced pursuant to the American Indian religious freedom act of 1978.

6. Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.

7. A theatrical performance upon a stage or in the course of a film or television production if the smoking is part of the performance or production.

C. The prohibition on smoking in places of employment shall be communicated to all existing employees by the effective date of this section and to all prospective employees upon their application for employment.

D. Notwithstanding any other provision of this section, an owner, operator, manager, or other person or entity in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place.

E. Posting of signs and ashtray removal.

1. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control of that place identifying where smoking is prohibited by this section and where complaints regarding violations may be registered.

2. Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

3. All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.

F. No employer may discharge or retaliate against an employee because that employee exercises any rights afforded by this section or reports or attempts to prosecute a violation of this section.

G. The law shall be implemented and enforced by the department of health services as follows:

1. The department shall design and implement a program, including the establishment of an internet website, to educate the public regarding the provisions of this law.

2. The department shall inform persons who own, manage, operate or otherwise control a public place or place of employment of the requirements of this law and how to comply with its provisions including making information available and providing a toll-free telephone number and e-mail address to be used exclusively for this purpose.

3. Any member of the public may report a violation of this law to the department.  The department shall accept oral and written reports of violation and establish an e-mail address(es) and toll-free telephone number(s) to be used exclusively for the purpose of reporting violations.  A person shall not be required to disclose the person's identity when reporting a violation.

4. If the department has reason to believe a violation of this law exists, the department may enter upon and into any public place or place of employment for purposes of determining compliance with this law.  However, the department may inspect public places where food or alcohol is served at any time to determine compliance with this law.

5. If the department determines that a violation of this law exists at a public place or place of employment, the department shall issue a notice of violation to the person who owns, manages, operates or otherwise controls the public place or place of employment.  The notice shall include the nature of each violation, date and time each violation occurred, and department contact person.

6. The department shall impose a civil penalty on the person in an amount of not less than $100, but not more than $500 for each violation.  In considering whether to impose a fine and the amount of the fine, the department may consider whether the person has been cited previously and what efforts the person has taken to prevent or cure the violation including reporting the violation or taking action under subsection J.  Each day that a violation occurs constitutes a separate violation.  The director may issue a notice that includes the proposed amount of the civil penalty assessment.  A person may appeal the assessment of a civil penalty by requesting a hearing. If a person requests a hearing to appeal an assessment, the director shall not take further action to enforce and collect the assessment until the hearing process is complete.  The director shall impose a civil penalty only for those days on which the violation has been documented by the department.

7. If a civil penalty imposed by this section is not paid, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.

8. The department may apply for injunctive relief to enforce these provisions in the superior court in the county in which the violation occurred. The court may impose appropriate injunctive relief and impose a penalty of not less than $100 but not more than $500 for each violation. Each day that a violation occurs constitutes a separate violation.  If the superior court finds the violations are willful or evidence a pattern of noncompliance, the court may impose a fine up to $5000 per violation.

9. The department may contract with a third party to determine compliance with this law.

10. The department may delegate to a state agency or political subdivision of this state any functions, powers or duties under this law.

11. The director of the department may promulgate rules for the implementation and enforcement of this law.  The department is exempt from the rulemaking procedures in A.R.S. § title 41, chapter 6 except the department shall publish draft rules and thereafter take public input including hold at least two public hearings prior to implementing the rules. This exemption expires May 1, 2007.

H. Beginning on June 1, 2008 and every other June 1 thereafter, the director of the Arizona department of health services shall issue a report analyzing its activities to enforce this law, including the activities of all of the state agencies or political subdivisions to whom the department has delegated responsibility under this law.

I. An owner, manager, operator or employee of place regulated by this law shall inform any person who is smoking in violation of this law that smoking is illegal and request that the illegal smoking stop immediately.

J. This law does not create any new private right of action nor does it extinguish any existing common law causes of action.

K. A person who smokes where smoking is prohibited is guilty of a petty offense with a fine of not less than fifty dollars and not more than three hundred dollars.

L. Smoke-free Arizona fund

1. The smoke-free Arizona fund is established consisting of all revenues deposited in the fund pursuant to §42-3251.02 and interest earned on those monies.  The Arizona department of health services shall administer the fund.  On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by §35-313 and monies earned from investment shall be credited to the fund.

2. All money in the smoke-free Arizona fund shall be used to enforce the provisions of this section provided however that if there is money remaining after the department has met its enforcement obligations, that remaining money shall be deposited in the tobacco products tax fund and used for education programs to reduce and eliminate tobacco use and for no other purpose.

3. Monies in this fund are continuously appropriated, are not subject to further approval, do not revert to the general fund and are exempt from the provisions of §36-190 relating to the lapsing of appropriations.

M. This section does not prevent a political subdivision of the state from adopting ordinances or regulations that are more restrictive than this section nor does this section repeal any existing ordinance or regulation that is more restrictive than this section.

N. Tribal sovereignty —this section has no application on Indian reservations as defined in ARS 42-3301(2).
A.R.S. § 36-1333 — Arizona Code / Title 36 / Chapter 11.3 / Article 1 / Section 1333
36-1333 Insurance providers; third-party payors; coverage or payment not required
Status: in_force

36-1333. Insurance providers; third-party payors; coverage or payment not required

A. A health plan, third-party administrator or other third-party payor may, but is not required to, provide coverage for the cost of an individualized investigational drug, biological product or device or the cost of services related to the use of an individualized investigational drug, biological product or device under this article.

B. This article does not require a hospital or other health care institution that is licensed pursuant to chapter 4 of this title to provide new or additional services unless approved by the hospital or health care institution.
A.R.S. § 36-2854 — Arizona Code / Title 36 / Chapter 28.2 / Section 2854
36-2854 Rules; licensing; early applicants; fees; civil penalty; legal counsel
Status: in_force

36-2854. Rules; licensing; early applicants; fees; civil penalty; legal counsel

(Caution:  1998 Prop. 105 applies)

A. The department shall adopt rules to implement and enforce this chapter and regulate marijuana, marijuana products, marijuana establishments and marijuana testing facilities. Those rules shall include requirements for:

1. Licensing marijuana establishments and marijuana testing facilities, including conducting investigations and background checks to determine eligibility for licensing for marijuana establishment and marijuana testing facility applicants, except that:

(a) An application for a marijuana establishment license or marijuana testing facility license may not require the disclosure of the identity of any person who is entitled to a share of less than ten percent of the profits of an applicant that is a publicly traded corporation.

(b) The department may not issue more than one marijuana establishment license for every ten pharmacies that have registered under section 32-1929, that have obtained a pharmacy permit from the Arizona board of pharmacy and that operate within this state.

(c) Notwithstanding subdivision (b) of this paragraph, the department may issue a marijuana establishment license to not more than two marijuana establishments per county that contains no registered nonprofit medical marijuana dispensaries, or one marijuana establishment license per county that contains one registered nonprofit medical marijuana dispensary. Any license issued pursuant to this subdivision shall be for a fixed county and may not be relocated outside of that county.

(d) The department shall accept applications for marijuana establishment licenses from early applicants beginning January 19, 2021 through March 9, 2021. Not later than sixty days after receiving an application pursuant to this subdivision, the department shall issue a marijuana establishment license to each qualified early applicant. If the department has not adopted final rules pursuant to this section at the time marijuana establishment licenses are issued pursuant to this subdivision, licensees shall comply with the rules adopted by the department to implement chapter 28.1 of this title except those that are inconsistent with this chapter.

(e) After issuing marijuana establishment licenses to qualified early applicants, the department shall issue marijuana establishment licenses available under subdivisions (b) and (c) of this paragraph by random selection and according to rules adopted pursuant to this section. At least sixty days before any random selection, the department shall prominently publicize the random selection on its website and through other means of general distribution intended to reach as many interested parties as possible and shall provide notice through an email notification system to which interested parties can subscribe.

(f) Notwithstanding subdivisions (b) and (c) of this paragraph, and not later than six months after the department adopts final rules to implement a social equity ownership program pursuant to paragraph 9 of this subsection, the department shall issue twenty-six additional marijuana establishment licenses to entities that are qualified pursuant to the social equity ownership program.

(g) Licenses issued by the department to marijuana establishments and marijuana testing facilities shall be valid for a period of two years.  A dual licensee's initial renewal date, which will be the ongoing renewal date for both the dual licensee's marijuana establishment license and nonprofit medical marijuana dispensary registration, is the earlier of:

(i) The date of the marijuana establishment license renewal.

(ii) The date of the nonprofit medical marijuana dispensary registration renewal.

(h) The department may not issue a marijuana establishment or marijuana testing facility license to an applicant who has an ownership interest in an out-of-state marijuana establishment or marijuana testing facility, or the other state's equivalent, that has had its license revoked by the other state.

2. Licensing fees and renewal fees for marijuana establishments and marijuana testing facilities in amounts that are reasonable and related to the actual cost of processing applications for licenses and renewals and that do not exceed five times the fees prescribed by the department to register or renew a nonprofit medical marijuana dispensary.

3. The security of marijuana establishments and marijuana testing facilities.

4. Marijuana establishments to safely cultivate, process and manufacture marijuana and marijuana products. The department shall require licensees to procure, develop, acquire and maintain a system to track marijuana and marijuana products at all points of cultivation, manufacturing and sale.  The system developed and maintained pursuant to this paragraph shall:

(a) Ensure an accurate accounting and reporting of the production, processing and sale of marijuana and marijuana products.

(b) Ensure compliance with rules adopted by the department.

(c) Be capable of tracking, at a minimum:

(i) The propagation of immature marijuana plants and the production of marijuana by a marijuana establishment.

(ii) The processing of marijuana and marijuana products by a marijuana establishment.

(iii) The sale and purchase of marijuana and marijuana products between licensees.

(iv) The transfer of marijuana and marijuana products between premises for which licenses have been issued.

(v) The disposal of marijuana waste.

(vi) The identity of the person making the entry in the system and the time, date and location of each entry into the system, including any corrections or changes to that information.

(vii) Any other information that the department determines is reasonably necessary to accomplish the duties, functions and powers of the department.

(d) Contain a transactional stamp to ensure accuracy, provide for chain of custody of the information and foreclose tampering of the data, human error or intentional misreporting.

5. Tracking, testing, labeling consistent with section 36-2854.01 and packaging marijuana and marijuana products, including requirements that marijuana and marijuana products be:

(a) Sold to consumers in clearly and conspicuously labeled containers that contain accurate warnings regarding the use of marijuana or marijuana products.

(b) Placed in child-resistant packaging on exit from a marijuana establishment.

6. Forms of government-issued identification that are acceptable by a marijuana establishment verifying a consumer's age and procedures related to verifying a consumer's age consistent with section 4-241.  Until the department adopts final rules related to verifying a consumer's age, marijuana establishments shall comply with the proof of legal age requirements prescribed in section 4-241.

7. The potency of edible marijuana products that may be sold to consumers by marijuana establishments at reasonable levels on consideration of industry standards, except that the rules:

(a) Shall limit the strength of edible marijuana products to not more than ten milligrams of tetrahydrocannabinol per serving or one hundred milligrams of tetrahydrocannabinol per package.

(b) Shall require that if a marijuana product contains more than one serving, it must be delineated or scored into standard serving sizes and homogenized to ensure uniform disbursement throughout the marijuana product.

8. Ensuring the health, safety and training of employees of marijuana establishments and marijuana testing facilities.

9. The creation and implementation of a social equity ownership program to promote the ownership and operation of marijuana establishments and marijuana testing facilities by individuals from communities disproportionately impacted by the enforcement of previous marijuana laws.

10. Prohibiting a marijuana testing facility from having any direct or indirect familial relationship with or financial ownership interest in a marijuana establishment or related marijuana business entity or management company. The rules shall include prohibiting a marijuana establishment from having any direct or indirect familial relationship with or financial ownership interest in a marijuana testing facility or related marijuana business entity or management company.

11. Requiring marijuana establishments to display in a conspicuous location a sign that warns pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report. The rules shall include the specific warning language that must be included on the sign. The cost and display of the sign required by rule shall be borne by the marijuana establishment.

B. The department may:

1. Subject to title 41, chapter 6, article 10, deny any application submitted or deny, suspend or revoke, in whole or in part, any registration or license issued under this chapter if the registered or licensed party or an officer, agent or employee of the registered or licensed party does any of the following:

(a) Violates this chapter or any rule adopted pursuant to this chapter.

(b) Has been, is or may continue to be in substantial violation of the requirements for licensing or registration and, as a result, the health or safety of the general public is in immediate danger.

2. Subject to title 41, chapter 6, article 10, and unless another penalty is provided elsewhere in this chapter, assess a civil penalty against a person that violates this chapter or any rule adopted pursuant to this chapter in an amount not to exceed $2,000 for each violation. Each day a violation occurs constitutes a separate violation. In determining the amount of a civil penalty assessed against a person, the department shall consider all of the factors set forth in section 36-2816, subsection H. All civil penalties collected by the department pursuant to this paragraph shall be deposited in the smart and safe Arizona fund established by section 36-2856.

3. At any time during regular hours of operation, visit and inspect a marijuana establishment, marijuana testing facility or dual licensee to determine if it complies with this chapter and rules adopted pursuant to this chapter. The department shall make at least one unannounced visit annually to each facility licensed pursuant to this chapter.

4. Adopt any other rules that are not expressly stated in this section and that are necessary to ensure the safe and responsible cultivation, sale, processing, manufacture, testing and transport of marijuana and marijuana products.

C. Until the department adopts rules allowing and regulating delivery by marijuana establishments pursuant to subsection D of this section, delivery is unlawful under this chapter.

D. On or after January 1, 2023, the department may, and not later than January 1, 2025 the department shall, adopt rules to allow and regulate delivery by marijuana establishments.  The rules shall:

1. Require that delivery and the marijuana and marijuana products to be delivered originate from a designated retail location of a marijuana establishment and only after an order is made with the marijuana establishment by a consumer. The rules may not limit the distance between the delivery location and the originating designated retail location of the marijuana establishment.

2. Prohibit delivery to any property owned or leased by the United States, this state, a political subdivision of this state or the Arizona board of regents.

3. Limit the amount of marijuana and marijuana products based on retail price that may be in a delivery vehicle during a single trip from the designated retail location of a marijuana establishment.

4. Prohibit extra or unallocated marijuana or marijuana products in delivery vehicles.

5. Require that deliveries be made only by marijuana facility agents in unmarked vehicles that are equipped with a global positioning system or similar location tracking system and video surveillance and recording equipment, and that contain a locked compartment in which marijuana and marijuana products must be stored.  The rules may not limit the number of vehicles that a marijuana establishment may use for delivery.

6. Require delivery logs necessary to ensure compliance with this subsection and rules adopted pursuant to this subsection.

7. Require inspections to ensure compliance with this subsection and rules adopted pursuant to this subsection.

8. Include any other provisions necessary to ensure safe and restricted delivery.

9. Require dual licensees to comply with the rules adopted pursuant to this subsection.

E. Except as provided in subsection D of this section, the department may not allow delivery of marijuana or marijuana products under this chapter by any individual or entity. In addition to any other penalty imposed by law, an individual or entity that delivers marijuana or marijuana products in a manner that is not authorized by this chapter shall pay a civil penalty of $20,000 per violation to the smart and safe Arizona fund established by section 36-2856. This subsection may be enforced by the attorney general.

F. All rules adopted by the department pursuant to this section shall be consistent with the purpose of this chapter.

G. The department may not adopt any rule that:

1. Prohibits the operation of marijuana establishments, either expressly or through requirements that make the operation of a marijuana establishment unduly burdensome.

2. Prohibits or interferes with the ability of a dual licensee to operate a marijuana establishment and a nonprofit medical marijuana dispensary at shared locations.

H. Notwithstanding section 41-192, the department may employ legal counsel and make an expenditure or incur an indebtedness for legal services for the purposes of:

1. Defending this chapter or rules adopted pursuant to this chapter.

2. Defending chapter 28.1 of this title or rules adopted pursuant to chapter 28.1 of this title.

I. The department shall deposit all license fees, application fees and renewal fees paid to the department pursuant to this chapter in the smart and safe Arizona fund established by section 36-2856.

J. On request, the department of health services shall share with the department of revenue information regarding a marijuana establishment, marijuana testing facility or dual licensee, including its name, physical address, cultivation site and transaction privilege tax license number.

K. Notwithstanding any other law, the department may:

1. License an independent third-party laboratory to also operate as a marijuana testing facility.

2. Operate a marijuana testing facility.

L. The department shall maintain and publish a current list of all marijuana establishments and marijuana testing facilities by name and license number.

M. Notwithstanding any other law, the issuance of an occupational, professional or other regulatory license or certification to a person by a jurisdiction or regulatory authority outside this state does not entitle that person to be issued a marijuana establishment license, a marijuana testing facility license, or any other license, registration or certification under this chapter.

N. Until the department adopts rules as required by subsection A, paragraph 10 of this section:

1. A marijuana testing facility is prohibited from having any direct or indirect familial relationship with or financial ownership interest in a marijuana establishment or related marijuana business entity or management company.

2. A marijuana establishment is prohibited from having any direct or indirect familial relationship with or financial ownership interest in a marijuana testing facility or related marijuana business entity or management company.
A.R.S. § 36-1201 — Arizona Code / Title 36 / Chapter 10 / Article 1 / Section 1201
36-1201 Juvenile group homes; service contracts; registry; definitions
Status: in_force

36-1201. Juvenile group homes; service contracts; registry; definitions

A. State agencies that contract directly with group homes or regional behavioral health authorities that, as part of their contracts with the department of health services, subcontract with group homes shall require in each contract awarded, renewed or amended the following minimum provisions:

1. The group home shall provide a safe, clean and humane environment for the residents.

2. The group home is responsible for supervising the residents while in the group home environment or while residents are engaged in any off-site activities organized or sponsored by and under the direct supervision and control of the group home or affiliated with the group home.

3. All group home contractors shall be licensed by either the department of health services, the department of child safety or the department of economic security.

4. The award of a group home contract from an appropriate contracting authority is not a guarantee that children will be placed at the group home.

5. A licensing violation by the group home that is not corrected pursuant to this section may also be considered a contract violation.

6. State agencies and regional behavioral health authorities may share information regarding group home contractors. The shared information shall not include information that personally identifies residents of group homes.

7. The following contract remedies:

(a) A schedule of financial sanctions in an amount of up to $500 per violation that the contracting authority, after completing an investigation, may assess against the group home contractor for a substantiated contract violation relating to the health, care or safety of a resident or the safety of a neighbor. A financial sanction may be imposed for a contract violation related to the safety of a neighbor only if the conduct that constitutes the violation would be sufficient to form the basis for a civil cause of action for damages on the part of the neighbor whether or not such a civil action has been filed. These sanctions may be imposed by either deducting the amount of the sanction from any payment due or withholding future payments. The deduction or withholding may occur after any hearing available to the contractor.

(b) The contracting authority's right to remove residents from the group home or suspend new placements to the group home until the contract violation is corrected.

(c) The contracting authority's right to cancel the contract.

8. Within ten business days after the contracting authority receives a complaint relating to a group home, the contracting authority shall notify the group home provider and either initiate an investigation or refer the investigation to the licensing authority. If any complaint concerns an immediate threat to the health and safety of a child, the complaint shall be immediately referred to the licensing authority. If the contracting authority determines that a violation has occurred, it shall:

(a) Notify all other contracting authorities of the violation.

(b) Coordinate a corrective action plan consistent with the severity of the violation.

(c) Require the corrective action plan to be implemented within ninety days.

9. If a licensing deficiency is not corrected in a timely manner to the satisfaction of the licensing authority, the contracting authority may cancel the contract immediately on notice to the group home and may remove the residents.

10. A person may bring a complaint against any state agency that violates this section pursuant to title 41, chapter 6, article 6 or 10, as applicable. In addition to any costs or fees awarded to a person resulting from a complaint of a violation of this section, the agency shall revert the sum of $5,000 from its general fund operating appropriation to the state treasurer for deposit in the state general fund for each violation that is upheld by an administrative law judge or hearing officer. The legislature shall appropriate monies that revert under this section to a similar program that provides direct services to children.

B. When a licensing authority has determined that a licensing violation has occurred or is occurring, the licensing authority shall notify the appropriate contracting authority of the licensing violation.

C. A group home's record of contract violations and licensing violations may be considered by any contracting authority when it evaluates any request for proposals.

D. The department of health services shall establish a central registry of juvenile group homes licensed by this state. Each agency that is subject to the requirements of this section shall provide updated information for the registry to the department of health services every six months. The registry shall include the following information regarding each group home:

1. The location of the group home, including satellite facilities.

2. The number of residents at the group home and its satellite facilities.

3. The current, updated emergency contacts for the group home and its satellite facilities.

4. The current, updated contacts for the group home's licensing authority.

E. If the municipality in which a group home is located requests the department of health services to provide information from the registry, the department shall provide the information every six months to the municipality.

F. For the purposes of this article:

1. "Contract violation" means a licensing violation or a failure of the group home to comply with those provisions of its contract relating to subsection A, paragraphs 1, 2 and 3 of this section.

2. "Contracting authority" means a regional behavioral health authority or the state agency or its division, office, section, bureau or program that is responsible for administering and monitoring contracts with group homes.

3. "Group home":

(a) Means a residential facility that is licensed to serve more than four minors at any one time, that is licensed by the department of health services pursuant to chapter 4 of this title or section 36-591, subsection A or by the department of child safety pursuant to title 8, chapter 4, article 4 and that provides services pursuant to a contract for minors determined to be dependent as defined in section 8-201 or delinquent or incorrigible pursuant to section 8-341, or for minors with developmental disabilities, mental health or substance abuse needs.

(b) Does not include hospitals, nursing homes, child crisis and domestic violence shelters, adult homes, foster homes, facilities subject to any transient occupancy tax or behavioral health service agencies that provide twenty-four hour or continuous physician availability.

4. "Licensing authority" means the state agency or its division, office, section, bureau or program that is responsible for licensing group homes.

5. "Licensing violation" means a determination by the licensing authority that the group home is not in compliance with licensing requirements as prescribed in statute or rule.

6. "Neighbor" means a person residing within a one-quarter mile radius of the group home.

7. "Resident" means any person who is placed in a group home pursuant to a contract with a contracting authority.
A.R.S. § 36-623 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 623
36-623 Report by physician of death from contagious disease
Status: in_force

36-623. Report by physician of death from contagious disease

Physicians shall report in writing to the local board of health or health department the death within its jurisdiction of patients dying from contagious, infectious or epidemic diseases. The report shall be made within twenty-four hours after death, and shall include the specific name and character of the disease.
A.R.S. § 36-113 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 113
36-113 Fingerprint clearance cards; information technology positions; vital records systems; facility surveyors; definition
Status: in_force

36-113. Fingerprint clearance cards; information technology positions; vital records systems; facility surveyors; definition

A. Each employee or contractor of the department who is employed or contracted in an information technology position or who has access to vital records systems shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or provide to the department documentation that the person has applied for a fingerprint clearance card. Each employee and contractor shall certify on forms that are provided by the department that the person is not awaiting trial on or has not been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. The department may not allow a person to be an employee or contractor in an information technology position or have access to vital records systems if that person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55.

C. Each county employee or contractor who has access to vital records systems shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

D. A local registrar may not allow a person to be an employee or contractor with access to vital records systems if that person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55.

E. Each employee of the department who inspects facilities with children or vulnerable adults as part of the employee's regular duties shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or provide to the department documentation that the person has applied for a fingerprint clearance card. Each employee shall certify on forms that are provided by the department that the employee is not awaiting trial on or has not been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

F. The department may not allow a person to be an employee who inspects facilities with children or vulnerable adults as part of the employee's regular duties if that person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55.

G. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623.
A.R.S. § 36-2934.01 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2934.01
36-2934.01 Creation of trusts; eligibility for the system; share of cost
Status: in_force

36-2934.01. Creation of trusts; eligibility for the system; share of cost

A. The administration has sole authority to qualify any trusts that are created pursuant to section 1917(d)(4)(A), (B) and (C) of the social security act and shall require that the trustee provide the following information and assurances when the trustee submits trust documents to the administration for approval:

1. Specific language that protects the state's beneficiary interest in the trust and that names the administration or the state medicaid agency as the primary beneficiary of the trust if the trust is terminated before or on the death of the member.  The trust document shall state that the trustee shall pay on a monthly basis the share of cost amount established by the posteligibility treatment of income determination pursuant to subsection D of this section.

2. A provision that requires the direct deposit of all income assigned to the trust by the grantor, when legally permissible, into an account titled to the trust.

3. A detailed description of how the trust funds will be administered and disbursed. The trustee shall submit the description at the same time that the trustee submits the trust document to the administration for review. The administration shall review the planned disbursements or plan approved by the probate court and render a decision on the appropriateness of the disbursements or plan within the time frames established by federal law for processing applications for medical assistance. The administration may extend this limit to enable a trustee to amend a trust or to provide additional information requested by the administration.  The trustee shall report to the administration any new trust funding or modifications to the planned disbursements from the trust no less than forty-five days before the intended action or change by the trustee.  Under extenuating circumstances, the trustee may forgo the forty-five day reporting requirement and provide notice to the administration within thirty days from the date of disbursement.  If the administration determines that the disbursement was not appropriate, or that any other provisions of the trust or this section have been violated, the administration shall consider the trust in accordance with subsection F of this section. The trustee may appeal this decision, but the provisions described in subsections I and J of this section shall be applied if the administration's action is affirmed. On request of the administration, the trustee shall provide verification of how the funds were administered.

4. A statement signed by the trustee acknowledging that an adverse action may be taken against the member's eligibility for the system if the trustee improperly violates the terms of the trust or the requirements of this section or if the trustee takes any action that limits the administration's beneficiary interest in the trust.

5. Specific language that protects the trust for the benefit of the trust beneficiary. The trust document shall state that disbursements shall not be made for other than those purposes allowed pursuant to this section.

B. For a trust that qualifies pursuant to subsection A of this section, the trustee shall not make any disbursements from the trust other than for the following:

1. Reasonable legal and professional expenses related to the trust including:

(a) Trust taxes.

(b) Trust investment fees.

(c) Reasonable professional expenses, including trustee, accounting and attorney fees related to the administration of the trust.

2. The posteligibility share of cost as computed pursuant to section 36-2932.

3. For trusts created pursuant to section 1917(d)(4)(B) of the social security act, a disbursement to the beneficiary equal to the personal needs allowance as computed pursuant to section 36-2932.

4. Health insurance premiums, medically necessary medical expenses and special medical needs of the beneficiary including:

(a) Expenses required to make the home accessible to the person.

(b) The purchase and maintenance of a specially equipped vehicle titled to the trust or to the beneficiary with a lien against the vehicle held by the trust in an amount equal to the current market value of the vehicle.

(c) Durable medical equipment.

(d) Over-the-counter supplies and medications, including diapers, lotions and cleansing wipes.

(e) Personal care services that are determined to be medically necessary by the beneficiary's physician and that are provided by a person who is registered by the administration to provide the services, including a financially responsible relative of the beneficiary.  Trust disbursements for personal care services provided by a financially responsible relative shall not exceed the administration's fee-for-service rate for the personal care services.  For the purposes of this subdivision, "financially responsible relative" means the spouse of the beneficiary or, if the beneficiary is a child under eighteen years of age, the parent of the beneficiary.

5. Maintenance payments for the spouse or family in accordance with 42 United States Code section 1396r-5(d)(1) and (2) and section 36-2932, subsection L.

6. Guardianship and conservatorship fees for the trust beneficiary based on the fair market value of the services provided.

7. The following expenses for the benefit of the beneficiary, excluding gifts to, payments for or loans to other persons, whether these are in cash or in kind:

(a) Entertainment, educational or vocational needs or items that are consistent with the person's ability to use these items.

(b) Other expenses that are individually approved by the director.

(c) Living expenses for food, clothing and shelter.  If home property or other real property is purchased by the trust it must be titled to the trust.

(d) Income taxes owed on income from trust investments or on income of the beneficiary that is assigned to the trust when an actual tax liability is established.

(e) Provision for burial expenses that is limited to one of the following methods:

(i) Purchase of a prepaid burial plan funded by an irrevocable life insurance policy, irrevocable burial account, irrevocable trust account or irrevocable escrow account.

(ii) Purchase of life insurance to fund a burial plan for the beneficiary with a face value that does not exceed one thousand five hundred dollars after allowing deductions for burial plot items as defined by the administration.

(iii) Funding a burial fund account in an amount not to exceed one thousand five hundred dollars.

(f) Travel expenses for a companion if a companion is required to enable the beneficiary to travel for nonmedical reasons.

C. For trusts that qualify pursuant to subsection A of this section, the administration shall consider only the person's proportionate share of expenses as for the benefit of the trust beneficiary if these expenses also benefit others.

D. For trusts that are created pursuant to section 1917(d)(4)(A), (B) and (C) of the social security act, the administration shall require that the posteligibility treatment of income that is determined pursuant to section 36-2932 shall include the income assigned to the trust and any other countable income received by the member, excluding interest and dividends earned by the trust corpus and added to the principal. Each month the administration shall count for income eligibility purposes any disbursements made to the beneficiary and any payments made on behalf of the beneficiary for food or shelter.  The administration shall count disbursements issued for the personal needs allowance pursuant to subsection B, paragraph 3 of this section as disbursements for food or shelter.

E. In order for a trust that is created pursuant to section 1917(d)(4)(B) of the social security act to be considered under this section, the sum of the individual's countable nontrust income and the income assigned to the trust, excluding interest and dividends earned by the trust corpus and added to the principal shall be equal to or less than the private pay rate established in the state plan.

F. For revocable or irrevocable trusts that are created pursuant to section 1917(d)(3)(A) or (B) of the social security act, the administration shall include the income that is received by the trust, excluding interest and dividends earned by the trust corpus and added to the principal or that is disbursed from the trust, whichever is greater, for both income eligibility calculations under section 36-2934 and posteligibility of income under section 36-2932. In determining eligibility for the system, the administration shall consider payments from the trust regardless of the purpose for which the payment is made.

G. Notwithstanding this section, a trust that is established before August 11, 1993 shall be evaluated in accordance with the provisions contained in the state plan.

H. If the administration determines that the trustee did not report changes in the amount of trust income or disbursements from the trust to the administration in the time frame and manner specified in subsection A of this section, the administration shall notify the member of the noncompliance and shall prospectively apply the adverse action that would have resulted if the change had been reported in a timely manner. If benefits for the system are continued by the administration pending a decision by the director after a hearing on a proposed adverse action that results from trust income or disbursements and the director upholds the administration, the administration shall apply the adverse action on a prospective basis.

I. The administration shall consider trust disbursements issued in violation of this section as a transfer in accordance with 42 United States Code section 1396p.

J. If the administration determines that the trustee is in violation of this section or the terms of a new or existing trust, the administration shall consider all trust assets held in the trust and income held in or produced by the trust, available to the beneficiary under 42 United States Code section 1396p(d)(3) until the trustee corrects the violation unless considering the assets and income available would create an undue hardship for the beneficiary.
A.R.S. § 36-2933 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2933
36-2933 Eligibility determination; application; enrollment
Status: in_force

36-2933. Eligibility determination; application; enrollment

A. A person who is seeking services pursuant to this article shall submit an application for eligibility for the system to the administration which shall review the completed application to determine if the person meets the residency and if applicable, the alienage requirements adopted pursuant to section 36-2932, subsection K and the eligibility criteria prescribed in section 36-2934.

B. The administration shall conduct a preadmission screening pursuant to section 36-2936 to determine if the applicant is eligible for services.

C. A person who is a resident of this state and, if not a citizen of the United States, who meets the alienage requirements of federal law and who meets the eligibility criteria prescribed in section 36-2934 and who is determined eligible for services pursuant to section 36-2936 shall be enrolled in the system, unless such person is enrolled in the Arizona health care cost containment system pursuant to article 1 of this chapter and only needs convalescent care as defined by the director by rule.

D. On enrollment in the system, the administration shall conduct post-eligibility treatment of income and resources of the member as prescribed in section 36-2932, subsection L.

E. The director may enter into an interagency agreement with the department under which the department may:

1. Determine whether all persons with developmental disabilities as defined in section 36-551 who apply to the system meet the eligibility criteria prescribed in subsection A of this section.

2. Conduct preadmission screening pursuant to subsection B of this section on persons with developmental disabilities as defined in section 36-551 to determine if the applicant is eligible for services.

3. Conduct post-eligibility treatment of income and resources pursuant to subsection D of this section for a member who has a developmental disability as defined in section 36-551.
A.R.S. § 36-596 — Arizona Code / Title 36 / Chapter 5.1 / Article 4 / Section 596
36-596 Coordination of benefits; third party payments; definition
Status: in_force

36-596. Coordination of benefits; third party payments; definition

A. The department of economic security shall establish a benefit recovery program for state funded services to persons who receive services pursuant to this chapter which are covered in whole or in part by a first party health insurance medical benefit. The department shall coordinate benefits provided by this chapter so that any costs for services payable by the department are costs avoided or recovered from any available provider or first party health insurance medical benefits, subject to the specific scope of benefits of the provider of first party medical insurance benefits. The department may require that health care service providers are responsible for coordination of benefits pursuant to this chapter. The department shall act as a payor of last resort unless this is specifically prohibited by federal law.

B. The director of the department of economic security shall require each individual or his parent or guardian to assign to the department rights that the individual or his parent or guardian has to first party health insurance medical benefits to which the individual is entitled and which relate to the specific services which the person has received or will receive pursuant to this chapter. The state has a right to subrogation against a provider of first party health insurance medical benefits to enforce the assignment of first party health insurance medical benefits for services provided under the provisions of this chapter.

C. The provisions of this section are controlling over the provisions of a first party health insurance medical benefits policy issued after the effective date of this section. If the policy provisions exclude or limit coverage on the basis of a child's eligibility for services under this chapter, the department shall monitor payments from providers of first party health insurance medical benefits which are collected by providers of medical care.

D. The provisions of this section shall apply to a health care services organization subject to the provisions of title 20, chapter 4, article 9 in which a child who is receiving services pursuant to this chapter is enrolled. If a health care services organization's enrolled child requires services under this chapter and if the benefits for the services are contractually available through the health care services organization, the health care services organization may require the enrolled child to receive the services through the health care services organization's contracted provider network up to the coverage limits set forth in the health care services organization's evidence of coverage. If the health care services organization elects not to provide the covered services either directly or through its contracted provider network or is unable to provide the covered services directly or through its contracted provider network and the services are covered benefits as set forth in the health care services organization's evidence of coverage, then the health care services organization shall reimburse the department for the services provided through the department for the enrolled child. The health care services organization shall not be required to reimburse the department for services beyond the coverage limits set forth in the health care services organization's evidence of coverage for the enrolled child. The amount of reimbursement paid by a health care services organization to the department shall be not greater than the level of compensation the health care services organization pays to its contracted provider network. A health care services organization may impose prior authorization, referral and other utilization review requirements in providing or paying for services to an enrolled child under this section.

E. For purposes of this section, "first party health insurance medical benefits" include benefits payable from a hospital, medical, dental and optometric service corporation subject to the provisions of title 20, chapter 4, article 3, a health care services organization subject to the provisions of title 20, chapter 4, article 9, an insurer providing disability insurance subject to the provisions of title 20, chapter 6, article 4, an insurer providing group disability insurance subject to the provisions of title 20, chapter 6, article 5, and any other available first party health insurance medical benefits, but does not include, monies available under a social services block grant or an optional state supplemental payment program if federal monies are available.
A.R.S. § 36-446.14 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.14
36-446.14 Referral agencies; assisted living facilities and assisted living homes; disclosure; acknowledgement; fee; notice; requirements; civil penalty; definitions
Status: in_force

36-446.14. Referral agencies; assisted living facilities and assisted living homes; disclosure; acknowledgement; fee; notice; requirements; civil penalty; definitions

A. A referral agency shall disclose, in the form prescribed by subsection D of this section, to any prospective resident or representative of a prospective resident at the time or before any referral is made for care at an assisted living facility or assisted living home all of the following:

1. The existence of any current business relationship or any common ownership or control and any other financial, business, management or familial relationship that exists between the referral agency and the assisted living facility or assisted living home.

2. That the assisted living facility or assisted living home pays a fee to the referral agency in connection with the referral.

3. The amount of the fee, if determined, or a good faith estimate of the fee, if not determined, that the assisted living facility or assisted living home will pay to the referral agency.  The referral agency may describe the fee as a dollar amount or as a percentage of the prospective resident's first month's rent and care charges at the facility or home.

B. After the first instance of the referral agency providing the disclosure required by subsection A of this section, the referral agency shall request from the prospective resident or representative of a prospective resident an acknowledgement of receiving the disclosure in the same manner and form in which the disclosure was delivered.

C. The prospective resident may terminate all services of the referral agency for the prospective resident at any time, including the use of the prospective resident's personal information, by providing a written or electronic termination notice to the referral agency.  If the prospective resident delivers a termination notice, the referral agency is not entitled to any fee for the resident's move-in after the date of the termination notice unless either of the following applies:

1. The assisted living facility or assisted living home chosen by the resident within twelve months after the date of termination was specifically identified and referred to the resident after evaluating the prospective resident's profile and requests before the resident delivered the notice of termination.

2. The referral agency provides documentation to the assisted living facility or assisted living home that the resident communicated with the referral agency for referral services before the resident's admission to the assisted living facility or assisted living home.

D. The referral agency's written, electronic or oral disclosure shall be in the following format and, if written, shall be in fourteen-point font type:

Arizona law requires that we provide you with the following disclosure notice.

We are in the business of referring residents to assisted living facilities and assisted living homes. We will be paid by the facility or home if you move into one of the referred facilities or homes.  The fee we receive from the facility or home into which you move typically ranges from (____) to (____) percent of your first month's rent and care charges or from ($____) to ($____).  We (do/do not) have a current business relationship (but/and) we (do/do not) have a common ownership or control in, or any other financial, business, management or familial relationship with, (any) (one or more) of the homes and facilities to which we are referring you.

By providing us with a written or electronic notice, you have the right to terminate our services to you at any time, including our use of your personal information. If you terminate our services, we will not be entitled to any fee for any move-in you make after the date of the termination notice unless either:

1. The facility or home you choose within the next twelve months is one that we specifically identify and refer to you after we evaluate your profile and requests but before we receive your notice of termination.

2. You communicate with us before you move into the facility or home.

E. Within fourteen days after a resident is admitted to an assisted living facility or assisted living home, the facility or home shall notify the referral agency of the resident's admission if the facility or home is contracted with the referral agency. Not later than fourteen days after receiving notice of the resident's admission, the referral agency shall provide the assisted living facility or assisted living home with a written or electronic copy or recording of the disclosure made to the resident and the resident's acknowledgement of receiving the disclosure as prescribed in subsections B and D of this section, along with the date and time of the disclosure to the resident. The assisted living facility or assisted living home shall maintain a copy of the disclosure for as long as the resident is at the facility or home.  The referral agency shall maintain a copy of the disclosure and acknowledgement for one year.  The assisted living facility or assisted living home shall not pay any referral fee associated with a resident until the facility or home receives the written or electronic copy or recording of the disclosure made to the resident and the resident's acknowledgement of receiving the disclosure provided and maintained in the same manner and form.

F. A referral agency that violates this section is subject to a civil penalty of up to $1,000 for each violation. The attorney general or a county attorney may institute a proceeding in superior court to recover the civil penalty under this subsection and to restrain and enjoin a violation of this section. Any civil penalty recovered pursuant to this subsection shall be deposited in the general fund of the jurisdiction that prosecuted the violation.

G. For the purposes of this section:

1. "Electronically" includes an audio recording that conforms with the Arizona rules of evidence, that is maintained by the referral agency and that is transmitted to the assisted living facility or assisted living home and the resident or the resident's representative in a format that can be downloaded.

2. "Referral agency":

(a) Means a person or entity that provides referrals for a fee that is collected from either the resident or the assisted living facility or assisted living home.

(b) Does not include either:

(i) An assisted living facility or assisted living home, or its employees.

(ii) A resident, a resident's family member or a patron of an assisted living facility or assisted living home who refers a prospective resident to an assisted living facility or assisted living home and receives a discount or other remuneration from the assisted living facility or assisted living home.
A.R.S. § 36-1414 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1414
36-1414 Certification of bonds by attorney general
Status: in_force

36-1414. Certification of bonds by attorney general

A. A public housing authority, city, town or county may submit to the attorney general any bonds to be issued under this article after all proceedings for issuance of the bonds have been taken. On submission of the proceedings to the attorney general, the attorney general shall examine and determine the validity of the bonds and the regularity of all connected proceedings.

B. If the proceedings conform to this article and are otherwise regular in form, and if the bonds when delivered and paid for will constitute binding and legal obligations of the public housing authority, city, town or county enforceable according to the terms of the bonds, the attorney general shall certify in substance on the back of each of the bonds that it is issued in accordance with the constitution and laws of the state.
A.R.S. § 36-111 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 111
36-111 Hearings and appeals
Status: in_force

36-111. Hearings and appeals

Appeals heard by the department shall be conducted in accordance with title 41, chapter 6, article 10.
A.R.S. § 36-2860 — Arizona Code / Title 36 / Chapter 28.2 / Section 2860
36-2860 Packaging; restrictions on particular marijuana products
Status: in_force

36-2860. Packaging; restrictions on particular marijuana products

(Caution:  1998 Prop. 105 applies)

A. A marijuana establishment may not:

1. Package or label marijuana or marijuana products in a false or misleading manner.

2. Manufacture or sell marijuana products that resemble the form of a human, animal, insect, fruit, toy or cartoon.

3. Sell or advertise marijuana or marijuana products with names that resemble or imitate food or drink brands marketed to children, or otherwise advertise marijuana or marijuana products to children.

B. A marijuana establishment that violates this section is subject to disciplinary action by the department pursuant to section 36-2854, subsection B.
A.R.S. § 36-446.08; Version 2 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.08; Version 2
36-446.08; Version 2 Nursing care institution administrators' licensing and assisted living facility managers' certification fund; investment of fund monies
Status: in_force

36-446.08. Nursing care institution administrators' licensing and assisted living facility managers' certification fund; investment of fund monies

(L24, Ch. 222, sec. 54.  Eff. 7/1/28)

A. The nursing care institution administrators' licensing and assisted living facility managers' certification fund is established.

B. Pursuant to sections 35-146 and 35-147, the board shall deposit ten percent of all monies collected pursuant to this article in the state general fund and deposit the remaining ninety percent in the nursing care institution administrators' licensing and assisted living facility managers' certification fund. All monies derived from civil penalties collected pursuant to section 36-446.07, subsection C shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. Monies deposited in the nursing care institution administrators' licensing and assisted living facility managers' certification fund are subject to the provisions of section 35-143.01.

D. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 36-2606 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2606
36-2606 Registration; access; requirements; mandatory use; annual user satisfaction survey; report; definitions
Status: in_force

36-2606. Registration; access; requirements; mandatory use; annual user satisfaction survey; report; definitions

A. A medical practitioner regulatory board shall notify each medical practitioner who receives an initial or renewal license and who intends to apply for registration or has an active registration under the controlled substances act (21 United States Code sections 801 through 904) of the medical practitioner's responsibility to register with the Arizona state board of pharmacy and be granted access to the controlled substances prescription monitoring program's central database tracking system.  The Arizona state board of pharmacy shall provide access to the central database tracking system to each medical practitioner who has a valid license pursuant to title 32 and who possesses an Arizona registration under the controlled substances act (21 United States Code sections 801 through 904). The Arizona state board of pharmacy shall notify each pharmacist of the pharmacist's responsibility to register with the Arizona state board of pharmacy and be granted access to the controlled substances prescription monitoring program's central database tracking system. The Arizona state board of pharmacy shall provide access to the central database tracking system to each pharmacist who has a valid license pursuant to title 32, chapter 18 and who is employed by either:

1. A facility that has a valid United States drug enforcement administration registration number.

2. The administration, a contractor or a health care insurer and who has a national provider identifier number.

B. The registration is:

1. Valid in conjunction with a valid United States drug enforcement administration registration number and a valid license issued by a medical practitioner regulatory board established pursuant to title 32, chapter 7, 11, 13, 14, 15, 16, 17, 25 or 29.

2. Valid in conjunction with a valid license issued by the Arizona state board of pharmacy for a pharmacist who is employed by either:

(a) A facility that has a valid United States drug enforcement administration registration number.

(b) The administration, a contractor or a health care insurer and who has a national provider identifier number.

3. Not transferable or assignable.

C. An applicant for registration pursuant to this section must apply as prescribed by the board.

D. Pursuant to a fee prescribed by the board by rule, the board may issue a replacement registration to a registrant who requests a replacement because the original was damaged or destroyed, because of a change of name or for any other good cause as prescribed by the board.

E. A person who is authorized to access the controlled substances prescription monitoring program's central database tracking system may do so using only that person's assigned identifier and may not use the assigned identifier of another person.

F. Beginning the later of October 1, 2017 or sixty days after the statewide health information exchange has integrated the controlled substances prescription monitoring program data into the exchange, a medical practitioner, before prescribing an opioid analgesic or benzodiazepine controlled substance listed in schedule II, III or IV for a patient, shall obtain a patient utilization report regarding the patient for the preceding twelve months from the controlled substances prescription monitoring program's central database tracking system at the beginning of each new course of treatment and at least quarterly while that prescription remains a part of the treatment. Each medical practitioner regulatory board shall notify the medical practitioners licensed by that board of the applicable date.  A medical practitioner may be granted a one-year waiver from the requirement in this subsection due to technological limitations that are not reasonably within the control of the practitioner or other exceptional circumstances demonstrated by the practitioner, pursuant to a process established by rule by the Arizona state board of pharmacy.

G. Before a pharmacist dispenses or before a pharmacy technician or pharmacy intern of a remote dispensing site pharmacy dispenses a schedule II controlled substance, a dispenser shall obtain a patient utilization report regarding the patient for the preceding twelve months from the controlled substances prescription monitoring program's central database tracking system at the beginning of each new course of treatment.

H. The medical practitioner or dispenser is not required to obtain a patient utilization report from the central database tracking system pursuant to subsection F of this section if any of the following applies:

1. The patient is receiving hospice care or palliative care for a serious or chronic illness.

2. The patient is receiving care for cancer, a cancer-related illness or condition or dialysis treatment.

3. A medical practitioner will administer the controlled substance.

4. The patient is receiving the controlled substance during the course of inpatient or residential treatment in a hospital, nursing care facility, assisted living facility, correctional facility or mental health facility.

5. The medical practitioner is prescribing the controlled substance to the patient for not more than a five-day period for an invasive medical or dental procedure or a medical or dental procedure that results in acute pain to the patient.

6. The medical practitioner is prescribing the controlled substance to the patient for not more than a five-day period for a patient who has suffered an acute injury or a medical or dental disease process that is diagnosed in an emergency department setting and that results in acute pain to the patient. An acute injury or medical disease process does not include back pain.

I. On or before December 31, 2026, a vendor that provides electronic medical records services to a medical practitioner in this state shall integrate the vendor's electronic medical records system with the program's central database tracking system either directly or through the statewide health information exchange or a third-party vendor.

J. If a medical practitioner or dispenser uses electronic medical records that integrate data from the controlled substances prescription monitoring program, a review of the electronic medical records with the integrated data shall be deemed compliant with the review of the program's central database tracking system as required in subsection F of this section.

K. The board shall promote and enter into data sharing agreements to integrate and display patient utilization reports within electronic medical records.

L. By complying with this section, a medical practitioner or dispenser who acts in good faith, or the medical practitioner's or dispenser's employer, is not subject to liability or disciplinary action arising solely from either:

1. Requesting or receiving, or failing to request or receive, prescription monitoring data from the program's central database tracking system.

2. Acting or failing to act on the basis of the prescription monitoring data provided by the program's central database tracking system.

M. Notwithstanding any provision of this section to the contrary, medical practitioners or dispensers and their delegates are not in violation of this section during any time period in which the controlled substances prescription monitoring program's central database tracking system is suspended or is not operational or available in a timely manner.  If the program's central database tracking system is not accessible, the medical practitioner or dispenser or the medical practitioner's or dispenser's delegate shall document the date and time the practitioner, dispenser or delegate attempted to use the central database tracking system pursuant to a process established by board rule.

N. The board shall conduct an annual voluntary survey of program users to assess user satisfaction with the program's central database tracking system. The survey may be conducted electronically. On or before December 1 of each year, the board shall provide a report of the survey results to the president of the senate, the speaker of the house of representatives and the governor and shall provide a copy of this report to the secretary of state.

O. This section does not prohibit a medical practitioner regulatory board or the Arizona state board of pharmacy from obtaining and using information from the program's central database tracking system.

P. For the purposes of this section:

1. "Administration" has the same meaning prescribed in section 36-2901.

2. "Contractor" has the same meaning prescribed in section 36-2901.

3. "Dispenser" means a pharmacist who is licensed pursuant to title 32, chapter 18.

4. "Emergency department" means the unit within a hospital that is designed to provide emergency services.

5. "Health care insurer" has the same meaning prescribed in section 20-3151.
A.R.S. § 36-4004 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4004
36-4004 Petition for conditional release; procedures
Status: in_force

36-4004.  Petition for conditional release; procedures

A. If the medical director determines that the committed defendant's mental illness, defect or disability has so changed that the committed defendant is no longer dangerous if conditionally released to a less restrictive alternative, the medical director shall allow the committed defendant to petition the court for conditional release to a less restrictive alternative. The committed defendant shall serve the petition on the court and the attorney for the state.  The court shall hold a hearing on the petition for conditional release to a less restrictive alternative within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the committed defendant will not be substantially prejudiced. Either party may request that the committed defendant be examined by the party's own competent professional.

B. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant's mental illness, defect or disability has not changed and that the committed defendant remains dangerous if conditionally released to a less restrictive alternative or conditionally released.

C. This section does not prohibit the committed defendant from annually petitioning the court for conditional release to a less restrictive alternative without the approval of medical director. The medical director shall provide an annual written notice to the committed defendant of the committed defendant's right to petition the court for conditional release to a less restrictive alternative without the approval of the medical director. The notice must contain a waiver of rights.  The medical director shall submit the notice and waiver to the court with the annual examination report.

D. The committed defendant may be present at the hearing. Either party may request that the committed defendant be examined by the party's own competent professional. The attorney for the state has the burden of proving by clear and convincing evidence that the committed defendant's mental illness, defect or disability has not changed and that the committed defendant remains dangerous if conditionally released to a less restrictive alternative.  If the state does not meet its burden of proof, the committed defendant shall be discharged from treatment.

E. At the conclusion of a hearing, if the court finds that there is no legally sufficient evidentiary basis to conclude that the conditions prescribed in section 36-4006 have been met, the court shall deny conditional release to a less restrictive alternative.
A.R.S. § 36-2904 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2904
36-2904 Prepaid capitation coverage; requirements; long-term care; dispute resolution; award of contracts; notification; report
Status: in_force

36-2904. Prepaid capitation coverage; requirements; long-term care; dispute resolution; award of contracts; notification; report

A. The administration may expend public funds appropriated for the purposes of this article and shall execute prepaid capitated health services contracts, pursuant to section 36-2906, with group disability insurers, hospital and medical service corporations, health care services organizations and any other appropriate public or private persons, including county-owned and operated facilities, for health and medical services to be provided under contract with contractors.  The administration may assign liability for eligible persons and members through contractual agreements with contractors. If there is an insufficient number of qualified bids for prepaid capitated health services contracts for the provision of hospitalization and medical care within a county, the director may:

1. Execute discount advance payment contracts, pursuant to section 36-2906 and subject to section 36-2903.01, for hospital services.

2. Execute capped fee-for-service contracts for health and medical services, other than hospital services.  Any capped fee-for-service contract shall provide for reimbursement at a level of not to exceed a capped fee-for-service schedule adopted by the administration.

B. During any period in which services are needed and no contract exists, the director may do either of the following:

1. Pay noncontracting providers for health and medical services, other than hospital services, on a capped fee-for-service basis for members and persons who are determined eligible.  However, the state shall not pay any amount for services that exceeds a maximum amount set forth in a capped fee-for-service schedule adopted by the administration.

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

If health and medical services are provided in the absence of a contract, the director shall continue to attempt to procure by the bid process as provided in section 36-2906 contracts for such services as specified in this subsection.

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

D. Except as prescribed in subsection E of this section, a member defined as eligible pursuant to section 36-2901, paragraph 6, subdivision (a) may select, to the extent practicable as determined by the administration, from among the available contractors of hospitalization and medical care and may select a primary care physician or primary care practitioner from among the primary care physicians and primary care practitioners participating in the contract in which the member is enrolled.  The administration shall provide reimbursement only to entities that have a provider agreement with the administration and that have agreed to the contractual requirements of that agreement.  Except as provided in sections 36-2908 and 36-2909, the system shall only provide reimbursement for any health or medical services or costs of related services provided by or under referral from the primary care physician or primary care practitioner participating in the contract in which the member is enrolled.  The director shall establish requirements as to the minimum time period that a member is assigned to specific contractors in the system.

E. For a member defined as eligible pursuant to section 36-2901, paragraph 6, subdivision (a), item (v) the director shall enroll the member with an available contractor located in the geographic area of the member's residence.  The member may select a primary care physician or primary care practitioner from among the primary care physicians or primary care practitioners participating in the contract in which the member is enrolled. The system shall only provide reimbursement for health or medical services or costs of related services provided by or under referral from a primary care physician or primary care practitioner participating in the contract in which the member is enrolled.  The director shall establish requirements as to the minimum time period that a member is assigned to specific contractors in the system.

F. If a person who has been determined eligible but who has not yet enrolled in the system receives emergency services, the director shall provide by rule for the enrollment of the person on a priority basis.  If a person requires system covered services on or after the date the person is determined eligible for the system but before the date of enrollment, the person is entitled to receive these services in accordance with rules adopted by the director, and the administration shall pay for the services pursuant to section 36-2903.01 or, as specified in contract, with the contractor pursuant to the subcontracted rate or this section.

G. The administration shall not pay claims for system covered services that are initially submitted more than six months after the date of the service for which payment is claimed or after the date that eligibility is posted, whichever date is later, or that are submitted as clean claims more than twelve months after the date of service for which payment is claimed or after the date that eligibility is posted, whichever date is later, except for claims submitted for reinsurance pursuant to section 36-2906, subsection C, paragraph 6.  The administration shall not pay claims for system covered services that are submitted by contractors for reinsurance after the time period specified in the contract.  The director may adopt rules or require contractual provisions that prescribe requirements and time limits for submittal of and payment for those claims.  Notwithstanding any other provision of this article, if a claim that gives rise to a contractor's claim for reinsurance or deferred liability is the subject of an administrative grievance or appeal proceeding or other legal action, the contractor shall have at least sixty days after an ultimate decision is rendered to submit a claim for reinsurance or deferred liability. Contractors that contract with the administration pursuant to subsection A of this section shall not pay claims for system covered services that are initially submitted more than six months after the date of the service for which payment is claimed or after the date that eligibility is posted, whichever date is later, or that are submitted as clean claims more than twelve months after the date of the service for which payment is claimed or after the date that eligibility is posted, whichever date is later.  For the purposes of this subsection:

1. "Clean claims" means claims that may be processed without obtaining additional information from the subcontracted provider of care, from a noncontracting provider or from a third party but does not include claims under investigation for fraud or abuse or claims under review for medical necessity.

2. "Date of service" for a hospital inpatient means the date of discharge of the patient.

3. "Submitted" means the date the claim is received by the administration or the prepaid capitated provider, whichever is applicable, as established by the date stamp on the face of the document or other record of receipt.

H. In any county having a population of five hundred thousand or fewer persons, a hospital that executes a subcontract other than a capitation contract with a contractor for the provision of hospital and medical services pursuant to this article shall offer a subcontract to any other contractor providing services to that portion of the county and to any other person that plans to become a contractor in that portion of the county. If such a hospital executes a subcontract other than a capitation contract with a contractor for the provision of hospital and medical services pursuant to this article, the hospital shall adopt uniform criteria to govern the reimbursement levels paid by all contractors with whom the hospital executes such a subcontract.  Reimbursement levels offered by hospitals to contractors pursuant to this subsection may vary among contractors only as a result of the number of bed days purchased by the contractors, the amount of financial deposit required by the hospital, if any, or the schedule of performance discounts offered by the hospital to the contractor for timely payment of claims.

I. This subsection applies to inpatient hospital admissions and to outpatient hospital services on and after March 1, 1993.  The director may negotiate at any time with a hospital on behalf of a contractor for services provided pursuant to this article.  If a contractor negotiates with a hospital for services provided pursuant to this article, the following procedures apply:

1. The director shall require any contractor to reimburse hospitals for services provided under this article based on reimbursement levels that do not in the aggregate exceed those established pursuant to section 36-2903.01 and under terms on which the contractor and the hospital agree. However, a hospital and a contractor may agree on a different payment methodology than the methodology prescribed by the director pursuant to section 36-2903.01.  The director by rule shall prescribe:

(a) The time limits for any negotiation between the contractor and the hospital.

(b) The ability of the director to review and approve or disapprove the reimbursement levels and terms agreed on by the contractor and the hospital.

(c) That if a contractor and a hospital do not agree on reimbursement levels and terms as required by this subsection, the reimbursement levels established pursuant to section 36-2903.01 apply.

(d) That, except if submitted under an electronic claims submission system, a hospital bill is considered received for purposes of subdivision (f) on initial receipt of the legible, error-free claim form by the contractor if the claim includes the following error-free documentation in legible form:

(i) An admission face sheet.

(ii) An itemized statement.

(iii) An admission history and physical.

(iv) A discharge summary or an interim summary if the claim is split.

(v) An emergency record, if admission was through the emergency room.

(vi) Operative reports, if applicable.

(vii) A labor and delivery room report, if applicable.

(e) That payment received by a hospital from a contractor is considered payment by the contractor of the contractor's liability for the hospital bill.  A hospital may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

(f) That a contractor shall pay for services rendered on and after October 1, 1997 under any reimbursement level according to paragraph 1 of this subsection subject to the following:

(i) If the hospital's bill is paid within thirty days of the date the bill was received, the contractor shall pay ninety-nine per cent of the rate.

(ii) If the hospital's bill is paid after thirty days but within sixty days of the date the bill was received, the contractor shall pay one hundred per cent of the rate.

(iii) If the hospital's bill is paid any time after sixty days of the date the bill was received, the contractor shall pay one hundred per cent of the rate plus a fee of one per cent per month for each month or portion of a month following the sixtieth day of receipt of the bill until the date of payment.

2. In any county having a population of five hundred thousand or fewer persons, a hospital that executes a subcontract other than a capitation contract with a provider for the provision of hospital and medical services pursuant to this article shall offer a subcontract to any other provider providing services to that portion of the county and to any other person that plans to become a provider in that portion of the county. If a hospital executes a subcontract other than a capitation contract with a provider for the provision of hospital and medical services pursuant to this article, the hospital shall adopt uniform criteria to govern the reimbursement levels paid by all providers with whom the hospital executes a subcontract.

J. If there is an insufficient number of, or an inadequate member capacity in, contracts awarded to contractors, the director, in order to deliver covered services to members enrolled or expected to be enrolled in the system within a county, may negotiate and award, without bid, a contract with a health care services organization holding a certificate of authority pursuant to title 20, chapter 4, article 9. The director shall require a health care services organization contracting under this subsection to comply with section 36-2906.01. The term of the contract shall not extend beyond the next bid and contract award process as provided in section 36-2906 and shall be no greater than capitation rates paid to contractors in the same county or counties pursuant to section 36-2906. Contracts awarded pursuant to this subsection are exempt from the requirements of title 41, chapter 23.

K. A contractor may require that a subcontracting or noncontracting provider shall be paid for covered services, other than hospital services, according to the capped fee-for-service schedule adopted by the director pursuant to subsection A, paragraph 2 of this section or subsection B, paragraph 1 of this section or at lower rates as may be negotiated by the contractor.

L. The director shall require any contractor to have a plan to notify members of reproductive age either directly or through the parent or legal guardian, whichever is most appropriate, of the specific covered family planning services available to them and a plan to deliver those services to members who request them.  The director shall ensure that these plans include provisions for written notification, other than the member handbook, and verbal notification during a member's visit with the member's primary care physician or primary care practitioner.

M. The director shall adopt a plan to notify members of reproductive age who receive care from a contractor who elects not to provide family planning services of the specific covered family planning services available to them and to provide for the delivery of those services to members who request them. Notification may be directly to the member, or through the parent or legal guardian, whichever is most appropriate.  The director shall ensure that the plan includes provisions for written notification, other than the member handbook, and verbal notification during a member's visit with the member's primary care physician or primary care practitioner.

N. The director shall prepare a report that represents a statistically valid sample and that indicates the number of children age two by contractor who received the immunizations recommended by the national centers for disease control and prevention while enrolled as members.  The report shall indicate each type of immunization and the number and percentage of enrolled children in the sample age two who received each type of immunization.  The report shall be done by contract year and shall be delivered to the governor, the president of the senate and the speaker of the house of representatives no later than April 1, 2004 and every second year thereafter.

O. If the administration implements an electronic claims submission system it may adopt procedures pursuant to subsection I, paragraph 1 of this section requiring documentation different than prescribed under subsection I, paragraph 1, subdivision (d) of this section.
A.R.S. § 36-2982 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2982
36-2982 Children's health insurance program; administration; nonentitlement; enrollment; eligibility
Status: in_force

36-2982. Children's health insurance program; administration; nonentitlement; enrollment; eligibility

A. The children's health insurance program is established for children who are eligible pursuant to section 36-2981, paragraph 6. The administration shall administer the program.  All covered services shall be provided by health plans that have contracts with the administration pursuant to section 36-2906, by a qualifying plan or by either tribal facilities or the Indian health service for Native Americans who are eligible for the program and who elect to receive services through the Indian health service or a tribal facility.

B. This article does not create a legal entitlement for any applicant or member who is eligible for the program.

C. The director shall take all steps necessary to implement the administrative structure for the program and to begin delivering services to persons within sixty days after approval of the state plan by the United States department of health and human services.

D. The administration shall perform eligibility determinations for persons applying for eligibility and annual redeterminations for continued eligibility pursuant to this article. Subject to the approval of the centers for medicare and medicaid services and pursuant to 42 United States Code section 1396a(e)(12) and 42 Code of Federal Regulations sections 435.926 and 457.342, the administration shall allow a member who is determined eligible pursuant to this section to remain eligible for benefits under this article for a period of twelve months, unless the member exceeds the age of eligibility during that twelve-month period.

E. The administration shall adopt rules for the collection of copayments from members whose income does not exceed one hundred fifty percent of the federal poverty level and for the collection of copayments and premiums from members whose income exceeds one hundred fifty percent of the federal poverty level. The director shall adopt rules for disenrolling a member if the member does not pay the premium required pursuant to this section. The director shall adopt rules to prescribe the circumstances under which the administration shall grant a hardship exemption to the disenrollment requirements of this subsection for a member who is no longer able to pay the premium.

F. Before enrollment, a member, or if the member is a minor, that member's parent or legal guardian, shall select an available health plan in the member's geographic service area or a qualifying health plan offered in the county, and may select a primary care physician or primary care practitioner from among the available physicians and practitioners participating with the contractor in which the member is enrolled. The contractors shall only reimburse costs of services or related services provided by or under referral from a primary care physician or primary care practitioner participating in the contract in which the member is enrolled, except for emergency services that shall be reimbursed pursuant to section 36-2987.  The director shall establish requirements as to the minimum time period that a member is assigned to specific contractors.

G. Eligibility for the program is creditable coverage as defined in section 20-1379.

H. Notwithstanding section 36-2983, the administration may purchase for a member employer-sponsored group health insurance with state and federal monies available pursuant to this article, subject to any restrictions imposed by the centers for medicare and medicaid services. This subsection does not apply to members who are eligible for health benefits coverage under a state health benefits plan based on a family member's employment with a public agency in this state.
A.R.S. § 36-420.05 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 420.05
36-420.05 Legal action or sale; effect on licensure
Status: in_force

36-420.05. Legal action or sale; effect on licensure

A. The director may continue to pursue any court, administrative or enforcement action against a licensee even if the health care institution is in the process of being sold or transferred or has closed.

B. The department may deny an application for a health care institution license if either:

1. The applicant, the licensee or a controlling person has a health care institution license that is in an enforcement action or court action related to the health and safety of the residents or patients.

2. The department has determined for reasons other than those specified in paragraph 1 of this subsection that the issuance of a new license is likely to jeopardize resident or patient safety.

C. The department may deny the approval of a change in ownership of a currently licensed health care institution if the department determines that the transfer of ownership, whether involving a direct owner or indirect owner, may jeopardize patient safety.
A.R.S. § 36-1417 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1417
36-1417 Power of public body to provide additional remedies to obligee
Status: in_force

36-1417. Power of public body to provide additional remedies to obligee

A public housing authority, city, town or county may by resolution, trust indenture, lease or other contract confer on any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred on the happening of an event of default as defined in the resolution or instrument, by an action or proceeding in any court of competent jurisdiction:

1. To cause possession of any housing project or any part of a housing project to be surrendered to any such obligee, which possession may be retained by the bondholder or trustee as long as the public housing authority, city, town or county continues in default.

2. To obtain the appointment of a receiver of any housing project of the public housing authority, city, town or county, or any part of a housing project, and of the rents and profits from the housing project. If a receiver is appointed, the receiver may enter and take possession of the housing project or any part of the housing project and, as long as the public housing authority, city, town or county continues to default, operate and maintain it and collect and receive all fees, rents, revenues or other charges thereafter arising from the housing project and shall keep the monies in a separate account or accounts and apply them in accordance with the obligations of the public housing authority, city, town or county as the court directs.

3. To require the public housing authority, city, town or county and its officers and agents to account as if it and they were the trustees of an express trust.
A.R.S. § 36-1978 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1978
36-1978 Injunctive relief; bond; service of process
Status: in_force

36-1978. Injunctive relief; bond; service of process

A. In addition to all other available remedies, if the commission has any reason to believe that a person has violated this article or a commission rule, the commission through the attorney general or the county attorney of the county in which the violation is alleged to have occurred may apply to the superior court in that county for an injunction restraining that person from engaging in the violation.

B. The court shall issue a temporary restraining order, a preliminary injunction or a permanent injunction without requiring the commission to post a bond.

C. Service of process may be on the defendant in any county of this state where the defendant is found.
A.R.S. § 36-196 — Arizona Code / Title 36 / Chapter 1 / Article 5 / Section 196
36-196 Duties and responsibilities
Status: in_force

36-196. Duties and responsibilities

A. Each advisory committee established pursuant to this article may:

1. Promote communication among the patients and residents of nursing care institutions and residential care institutions, the providers of such services, the authorized local agency and the department.

2. Collect and maintain data on nursing care institutions and residential care institutions, including, but not limited to, data on residents, cost of services, scope of services and grievances.

3. Receive grievances from inpatients, residents or employees of nursing care institutions and residential care institutions or any other person, investigate such grievances when necessary and make reports on such grievances to the authorized local agency and to the department when necessary.

4. Make recommendations to the agency or the department regarding rules, regulations, policy or procedures related to nursing care institutions or residential care institutions.

B. Each advisory committee established pursuant to this article shall file an annual report by January 31 of each year with the agency and department, summarizing all findings and activities of the advisory committee during the previous year. The advisory committee shall file additional reports as required by the authorized local agency or the department. A copy of the report shall be maintained at the office of the authorized local agency and shall be made available to the public for inspection and copying pursuant to section 39-121.01.
A.R.S. § 36-328 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 328
36-328 Registration of a death certificate for a foreign presumptive death
Status: in_force

36-328. Registration of a death certificate for a foreign presumptive death

A. The state registrar shall create and register a death certificate for a foreign presumptive death if the state registrar receives a court order issued in this state of a presumptive death of a resident of this state in a foreign country.  The court order shall contain the following information, if known:

1. The decedent's name, social security number, date of birth, date of death, cause of death and location of death.

2. Any other information necessary to complete a death certificate for a foreign presumptive death.

B. A death certificate for a foreign presumptive death shall state on the death certificate the name of the foreign country where death is presumed to have occurred.
A.R.S. § 36-4008 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4008
36-4008 Revocation of conditional release to a less restrictive alternative; hearing
Status: in_force

36-4008. Revocation of conditional release to a less restrictive alternative; hearing

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

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

C. Within five days after receiving notice of the committed defendant's detention, the court shall schedule a hearing. At the hearing, the court shall determine if the state has proved by a preponderance of the evidence that the committed defendant who is conditionally released to a less restrictive alternative did not comply with the terms and conditions of release or is in need of additional care or treatment, if the circumstances of the release have changed so that the community is no longer safe, if the committed defendant should continue on conditional release under the same or modified conditions or if the conditional release should be revoked and the committed defendant should be committed to total confinement, subject to release only under the provisions of this article.  The court may admit hearsay evidence if the court finds that the hearsay evidence is otherwise reliable.
A.R.S. § 36-2353 — Arizona Code / Title 36 / Chapter 24 / Article 1 / Section 2353
36-2353 Medically-underserved areas; selection of coordinating medical providers
Status: in_force

36-2353. Medically-underserved areas; selection of coordinating medical providers

A. For each area designated as medically-underserved, the department may assist counties, incorporated cities and towns or health service districts to recruit a coordinating medical provider. Selection of a coordinating medical provider shall be based upon such provider's proximity to the medically-underserved area and the ability and willingness of such provider to fulfill the requirements established pursuant to section 36-2354.

B. If no coordinating medical provider is located in or near the medically-underserved area, the university of Arizona may agree to serve as the coordinating medical provider for the area.
A.R.S. § 36-595 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 595
36-595 Programmatic and contractual monitoring; deemed status
Status: in_force

36-595. Programmatic and contractual monitoring; deemed status

A. The department of economic security shall perform programmatic and contractual monitoring of the services it provides or for which it contracts.

B. The department shall promulgate rules that provide for deemed status.  The department shall grant deemed status to a service provider that presents evidence that it maintains a current accreditation from a nationally recognized agency that the department determines maintains accreditation standards that meet the standards established by the department.  On determination by the department that there is reasonable cause to believe a service provider is not adhering to the programmatic or contractual requirements of the department, the department and any duly designated employee or agent of the department may enter on and into the premises at any reasonable time for the purpose of determining the state of compliance with the programmatic or contractual requirements of the department.  The department may revoke deemed status based on the findings of programmatic and contractual monitoring.

C. The department of health services may deny, suspend or revoke a license for a violation of this article or department rules. At least thirty days before the department denies, revokes or suspends a license it shall mail the applicant or licensee a notice of that person's right to a hearing. The department shall issue this notice by certified mail, return receipt requested. The notice shall state the hearing date and the facts constituting the reasons for the department's action and shall cite the specific statute or rule violated.

D. If the person does not respond to the written notice, the department of health services, at the expiration of the time fixed in the notice, shall take the action prescribed in the notice. If the person, within the period fixed in the notice, conforms the application or the operation of the facility to the applicable statute or rule, the department may grant the license or withdraw the notice of suspension or revocation.
A.R.S. § 36-425.04 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.04
36-425.04 Hospice service agencies; policies and procedures; controlled substances
Status: in_force

36-425.04. Hospice service agencies; policies and procedures; controlled substances

A hospice service agency that is licensed pursuant to this chapter shall adopt policies and procedures to inform and educate client families on the proper disposal of schedule II controlled substances.
A.R.S. § 36-669 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 669
36-669 Human immunodeficiency testing of prisoners
Status: in_force

36-669. Human immunodeficiency testing of prisoners

The state department of corrections in consultation with the department of health services may require that a prisoner be tested for the human immunodeficiency virus if the department of corrections has reasonable grounds to believe that the person is infected with the human immunodeficiency virus and is a health threat to others.
A.R.S. § 36-798.04 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.04
36-798.04 Unlawful manufacture, sale or distribution of cigarettes and roll-your-own tobacco; exception; violation; classification
Status: in_force

36-798.04. Unlawful manufacture, sale or distribution of cigarettes and roll-your-own tobacco; exception; violation; classification

A. Except as provided in subsection B or C of this section, it is unlawful to manufacture, sell or distribute in this state either:

1. A package or other container of cigarettes that contains fewer than twenty cigarettes.

2. A package of roll-your-own tobacco that contains less than 0.60 ounces of tobacco.

B. This section does not prohibit:

1. The manufacture of the products described in subsection A, paragraphs 1 and 2 of this section for sale or distribution outside of this state.

2. The manufacture of the products described in subsection A, paragraph 1 of this section for sale or distribution in compliance with subsection C of this section.

C. Products described in subsection A, paragraph 1 of this section may be distributed or sold within this state only at a facility that is licensed pursuant to section 4-209, subsection B, paragraph 6, and that admits only people who are at least twenty-one years of age.

D. A violation of this section is a class 3 misdemeanor.
A.R.S. § 36-1626 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1626
36-1626 Violation; classification
Status: in_force

36-1626. Violation; classification

A person failing to comply with the requirements of this article or violating any of its provisions is guilty of a class 2 misdemeanor.
A.R.S. § 36-2929 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2929
36-2929 Services to persons with disabilities; eligibility; premiums
Status: in_force

36-2929. Services to persons with disabilities; eligibility; premiums

A. Subject to the approval of the centers for medicare and medicaid services, beginning on January 1, 2002, the Arizona health care cost containment system administration shall provide services pursuant to this article to any person with a disability who is defined as eligible pursuant to section 36-2901, paragraph 6, subdivision (g), who meets the income requirements of subsection B of this section and who has too much income to qualify for the system pursuant to section 36-2901, paragraph 6, subdivision (a).

B. A person meets the income requirements of this section if the person's countable income does not exceed two hundred fifty per cent of the federal poverty guidelines.  The administration shall use the supplemental security income methodology.  For the purposes of this subsection, countable income does not include the person's unearned income, the person's spouse's or any other family member's earned or unearned income or a deduction for a minor child.

C. The administration shall adopt rules for the collection of premiums from persons who qualify for services pursuant to this section.  The premium shall not exceed two per cent of the person’s countable income.

D. The administration shall develop and implement a process for eligibility determinations for persons who apply for eligibility and annual redeterminations for continued eligibility.  The administration shall also develop and implement a process to determine medically improved disabilities. The administration may enter into an intergovernmental agreement with the department of economic security or may contract with participating health plans to conduct eligibility determinations or redeterminations.  The administration may not use a resource test to determine or redetermine eligibility.
A.R.S. § 36-428 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 428
36-428 Hearings by the director
Status: in_force

36-428. Hearings by the director

A. No license shall be suspended or revoked without affording the licensee notice and an opportunity for a hearing as provided for in title 41, chapter 6, article 10. On a licensee's request, the director may hold hearings concerning a health care institution's license in the city in which the institution is located.

B. Any person whose application for a license has been denied by the director or who has been ordered by the director to restrict admissions, transfer selected patients out of the facility, reduce capacity and terminate specific services, procedures, practices or facilities may, at any time within thirty days after notice of the denial or order, request in writing a hearing before the director, to be held within thirty days following the written request, for the purpose of reviewing the action of the director.

C. All hearings shall be in accordance with title 41, chapter 6, article 10.
A.R.S. § 36-894 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 894
36-894 Medical marijuana; child care facilities; prohibition
Status: in_force

36-894. Medical marijuana; child care facilities; prohibition

(Added with a 1998 Prop. 105 clause pursuant to L12, Ch. 159)

A person, including a cardholder as defined in section 36-2801, may not lawfully possess or use marijuana in any child care facility in this state.
A.R.S. § 36-2069 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2069
36-2069 Fingerprinting requirements; definitions
Status: in_force

36-2069. Fingerprinting requirements; definitions

(Eff. 3/26/26)

A. Except as provided in subsection E or F of this section, as a condition of licensure or continued licensure of a sober living home that receives referrals pursuant to section 36-2065, subsection A or C, the licensee and each paid staff member of a sober living home shall have a valid fingerprint clearance card that is issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within twenty working days after beginning employment or contracted work.

B. A licensee shall make a documented, good faith effort to verify the current status of each paid staff member's fingerprint clearance card.

C. The licensee or the paid staff member, or the licensee on behalf of the paid staff member, shall submit a completed application that is provided by the department of public safety within twenty days after the date the person begins employment or contracted work.

D. Except as provided in subsection E or F of this section, a sober living home shall not allow a paid staff member to continue employment or contracted work if the person has been denied a fingerprint clearance card pursuant to title 41, chapter 12, article 3.1 or has had a fingerprint clearance card suspended or revoked.

E. The licensee or the paid staff member of a sober living home who is eligible pursuant to section 41-1758.07, subsection C to petition the board of fingerprinting for a good cause exception and who provides documentation of having applied for a good cause exception pursuant to section 41-619.55 but who has not yet received a decision is exempt from the fingerprinting requirements of this section until a decision is made.

F. A sober living home may employ or continue to employ a paid staff member who is denied a fingerprint clearance card if the paid staff member does both of the following:

1. Successfully completes treatment for substance use or, if applicable, recidivism reduction as prescribed by rule.

2. Passes a background and screening evaluation conducted by the sober living home that demonstrates that the individual is not a threat to the health or safety of the residents of the sober living home. A background and screening evaluation includes prior employment or personal reference checks.

G. For the purposes of this section:

1. "Licensee" means the individual or business organization to which the department has issued a license to operate a sober living home.

2. "Monetary compensation" means salary or wages.

3. "Paid staff member":

(a) Means an employee who provides monitoring, supervision or assistance or other services to residents at a sober living home and who receives monetary compensation from the sober living home.

(b) Includes a person who provides janitorial, maintenance, housekeeping or transportation services, whether as a contractor or employee of the sober living home.

(c) Does not include a resident of the sober living home unless the resident receives monetary compensation to provide monitoring, supervision or assistance or other services to the residents of the sober living home.
A.R.S. § 36-2282 — Arizona Code / Title 36 / Chapter 22 / Article 2 / Section 2282
36-2282 Duty to inform; reports of denial or deprivation; disciplinary action prohibited; report to department of child safety
Status: in_force

36-2282. Duty to inform; reports of denial or deprivation; disciplinary action prohibited; report to department of child safety

A. Any health care institution with a perinatal, obstetrical or pediatric unit shall inform its administrators and other employees associated with the perinatal, obstetrical or pediatric unit of:

1. Their duty pursuant to section 13-3620 to report any denial or deprivation of necessary medical treatment or surgical care or nourishment with the intent to cause or allow the death of the infant.

2. Their right to make a report free from any disciplinary action by the health care institution.

3. A full description of the manner in which a report is to be made.

B. A health care institution shall not take or threaten to take any disciplinary action against any employee in retaliation for the employee making a report pursuant to section 13-3620.

C. A health care institution as specified in subsection A of this section shall report all suspected incidents of denial or deprivation of medically necessary treatment, surgical care or nourishment with the intent to cause or allow the death of the infant to the department of child safety as each incident occurs.
A.R.S. § 36-3211 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3211
36-3211 Principals; significant relationships; contact orders; definitions
Status: in_force

36-3211. Principals; significant relationships; contact orders; definitions

A. Unless inconsistent with the express directions of the principal in a health care directive, an agent shall encourage and allow contact between the principal and other persons who have a significant relationship with the principal.

B. An agent may not limit, restrict or prohibit reasonable contact between the principal and any other person without prior court approval, unless the principal has granted the agent such authority in a health care directive.

C. A person who has a significant relationship with the principal and whose contact with the principal has been limited, restricted or prohibited by an agent may petition the court for an order compelling the agent to allow the person to have contact with the principal. The petition shall describe the nature of the relationship between the person and the principal and the type and frequency of contact being requested.  The person has the burden of proving that the person has a significant relationship with the principal and that the requested contact is in the principal's best interest.  The petition and notice of the hearing on the petition shall be personally served on the principal and the agent and shall be provided to any other persons the court orders.

D. A principal whose contact with a person who has a significant relationship with the principal has been limited, restricted or prohibited by an agent may petition the court for an order compelling the agent to allow the principal to have contact with the person.  The petition shall describe the nature of the relationship between the person and the principal and the type and frequency of contact being requested. The principal has the burden of proving that the person has a significant relationship with the principal and that the requested contact is in the principal's best interest.  The petition and notice of the hearing on the petition shall be personally served on the agent and the person whose contact will be affected and shall be provided to any other persons the court orders.

E. If an agent who does not have authority expressly granted in a health care directive to limit, restrict or prohibit contact between the principal and another person reasonably believes that contact between the principal and the person is not in the principal's best interest, the agent may petition the court for an order that limits, restricts or prohibits contact between the person and the principal.  The petition shall describe the nature of the relationship between the person and the principal and the limitations or restrictions on the contact being requested and why the limitations or restrictions are in the principal's best interest.  If the agent requests an order that prohibits all contact between a person and the principal because the contact would be detrimental to the principal's physical or emotional health or well-being, the agent shall file with the court a written statement or report of a physician, psychologist, physician assistant or registered nurse who has recently evaluated the principal and who supports this position. The petition and notice of the hearing on the petition shall be personally served on the principal and the person whose contact will be affected and shall be provided to any other persons the court orders.

F. In determining what, if any, contact between a person and the principal is in the principal's best interest, the court shall consider all factors that are relevant to the principal's health, safety and welfare, including the following:

1. The past and present relationship between the principal and the person whose contact is being considered.

2. If the principal has sufficient mental capacity to make an intelligent choice, the wishes of the principal.

3. The mental and physical health of the principal and the person whose contact is being considered.

4. Whether the person whose contact is being considered has committed any of the following:

(a) Act involving domestic violence as defined in section 13-3601.

(b) Child abuse.

(c) Abuse, neglect or exploitation of a vulnerable adult.

5. Whether the person whose contact is being considered has abused drugs or alcohol or has been convicted of any drug offense listed in title 13, chapter 34 or a violation of title 28, chapter 4, article 3.

6. Whether the person whose contact is being considered is listed in the elder abuse central registry pursuant to section 46-457 or is required to register pursuant to section 13-3821.

7. Whether the person whose contact is being considered has been convicted of a violation of section 13-2907.02 or 13-2907.04.

G. On the filing of a petition under this section, the court:

1. Shall appoint an attorney or guardian ad litem, or both for the principal.

2. May appoint an investigator as provided under section 14-5308 or a physician, or both, to evaluate the principal and submit a written report to the court before the hearing.

3. May enter any other temporary order that the court determines is necessary and appropriate to protect the wishes or best interests of the principal, including an order exercising the power of a guardian or appointing a temporary guardian as provided under section 14-5310.

4. May issue, without notice, a temporary protective order that limits, restricts or prohibits contact between the principal and another person if the petition is supported by a written statement or report of a physician, psychologist, physician assistant or registered nurse who has recently evaluated the principal and the court finds, based on the statement or report and other specific facts shown by affidavit or verified petition, reasonable grounds to believe that contact between the principal and the person before the matter can be heard would result in immediate and irreparable injury, loss or damage to the principal.  The temporary protective order expires on the date prescribed by the court but not later than fourteen days after the order is entered, unless within that time the court extends the order for good cause shown or the person whose contact is limited, restricted or prohibited consents to the extension.  If the temporary protective order is issued, the court shall require that the petition and order be personally served on the principal and the person whose contact is the subject of the order within the time ordered by the court but not more than seventy-two hours after entry of the order.  If the court issues a temporary protective order without notice, the principal or the person whose contact has been limited, restricted or prohibited may file a motion requesting that the order be dissolved or modified.  The person filing the motion shall cause a copy of the motion to be personally served on the agent and any other person the court orders.  The court shall proceed to hear and determine the motion as expeditiously as possible.

H. Except as provided in subsection G, paragraph 4 of this section, the petitioner shall cause notice of the time and place of hearing of any petition filed under this section to be given at least fourteen days before the hearing.

I. Unless inconsistent with the standards and procedures set forth in this section, a petition filed under this section shall be heard and determined as a formal proceeding filed under title 14 and governed by the rules of probate procedure.

J. A principal, an agent or a person who has a significant relationship with the principal may petition the court to modify a contact order if a material change in circumstances affecting the principal's health, safety or welfare has occurred since the last contact order was entered.  The petition shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order. The court shall deny the petition unless the court finds that the petition establishes good cause for a hearing, in which case the court shall set a hearing on the petition.  The petition and notice of the hearing on the petition shall be served on the principal, the agent and the person whose contact is being considered and shall be provided to any other persons the court orders.

K. A principal, an agent or a person who has a significant relationship with the principal may file a motion asking the court to temporarily modify or suspend a contact order if a material change in circumstances affecting the principal's health, safety or welfare has occurred since the last contact order was entered.  The motion shall be supported by an affidavit alleging the change of circumstances that has occurred since the entry of the last contact order.  The motion shall be filed contemporaneously with or after the filing of a petition to modify the prior contact order. The motion shall state whether the petitioner requests that the prior contact order be modified or suspended with or without notice to affected persons.

L. The court may temporarily modify or suspend a contact order without notice only if both of the following apply:

1. It clearly appears from specific facts shown in the motion or affidavit that immediate and irreparable injury, loss or damage likely will result if the order is not issued before the affected persons can be heard in opposition.

2. The moving party or the moving party's attorney certifies to the court in writing the efforts, if any, that the moving party or the moving party's attorney has made to give the notice or the reasons supporting the claim that notice should not be required.

M. If the court grants a motion to temporarily modify or suspend a contact order without notice, the court shall set a hearing on the motion.

N. An order temporarily modifying or suspending a contact order that is granted without notice shall state the injury, loss or damage that would likely have occurred if the order were not issued before giving the affected persons the opportunity to be heard in opposition.  The temporary order expires at the date and time set for the hearing on the motion unless the temporary order is extended by the court for good cause.

O. The moving party shall personally serve a copy of the order and notice of the hearing on the person whose contact with the principal has been modified or suspended without notice within the time period the court directs but not more than seventy-two hours after entry of the order.  The moving party shall personally serve a copy of the order and notice of hearing on the principal or the agent if either person is not the moving party.

P. On notice and a hearing, the court may enter appropriate orders to safeguard the wishes of the principal if those wishes can be reasonably ascertained. The court may assess court costs, reasonable attorney fees and the cost of any professionals appointed to evaluate the principal against a party found to have proceeded in bad faith or to have acted unreasonably.

Q. In a proceeding brought pursuant to this section, the court may order alternative dispute resolution, including mediation.

R. For the purposes of this section:

1. "Abuse" in relation to a vulnerable adult has the same meaning prescribed in section 46-451.

2. "Child abuse" means abuse as defined in section 8-201 of an individual who is under eighteen years of age.

3. "Contact" includes communications through any method, including in person, in writing and by electronic methods.

4. "Court" means the superior court.

5. "Exploitation" has the same meaning prescribed in section 46-451.

6. "Neglect" has the same meaning prescribed in section 46-451.
A.R.S. § 36-883.05 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 883.05
36-883.05 Child care facilities; infants; floor bedding; requirements; emergency evacuation; notice; definitions
Status: in_force

36-883.05. Child care facilities; infants; floor bedding; requirements; emergency evacuation; notice; definitions

A. A child care facility that provides child care services utilizing the practice of a documented educational philosophy including least restrictive environment for infants and meets the requirements of this section may use floor bedding in the facility instead of cribs.

B. Floor bedding pursuant to subsection A of this section must meet all of the following requirements:

1. Be a mat that meets the following dimensions:

(a) Is not less than two inches and not more than three inches thick.

(b) Is not less than three feet and not more than four feet long.

(c) Is not less than two feet and not more than three feet wide.

2. Not be elevated or raised in any way.

3. Be covered with a waterproof and washable mattress pad, a washable zip cover and an individually assigned sheet.

4. Be assigned to an individual infant and not shared with another infant.

5. Be turned over at least once a week.

6. Be placed at least eighteen inches apart, eighteen inches from any wall and two feet from any other object.

7. Be placed on a floor that is vacuumed and sanitized every day and, if the floor is carpeted, is shampooed at least twice a month.

C. The ratio of staff members to resting infants in the resting area must be at least one staff member to every four infants.  A staff member in the resting area must be supervised for the first ninety days of employment to ensure the staff member's proper use of the floor bedding pursuant to this section. Any staff member in the resting area shall have current certification in cardiopulmonary resuscitation and first aid.

D. If an emergency requiring evacuation occurs, the infant nursery staff shall place the infants in an evacuation crib and move the infants in the crib to a designated evacuation assembly area.  Evacuation cribs must be stored not more than ten feet from the exterior exit.  If stored on the outside of the building, an evacuation crib must be protected from weather. On arrival at the designated evacuation assembly area, all infants must be physically accounted for against the sign-in log and the results reported to the director of the child care facility immediately.  The infant nursery supervisor is responsible for bringing all attendance sheets, child rosters and information sheets to the evacuation assembly area.  The child care facility staff shall take appropriate supplies during the evacuation to protect the children, if possible, during inclement weather.

E. A facility shall provide the department written notice thirty days before implementing the use of floor bedding pursuant to this section.

F. If a licensed facility does not comply with the requirements of this section, the department may require the installation of cribs.

G. For the purposes of this section:

1. "Infant" means either:

(a) A child who is twelve months or younger.

(b) A child who is eighteen months or younger if not walking.

2. "Resting area" means a space within the classroom that is separate from the activity area and that contains only the floor bedding, infants and staff members.
A.R.S. § 36-503.01 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 503.01
36-503.01 Duty of attorney general or county attorney
Status: in_force

36-503.01. Duty of attorney general or county attorney

Whenever a physician or other person files a petition for court-ordered evaluation or court-ordered treatment on behalf of a state or county screening, evaluation or mental health treatment agency, the attorney general or the county attorney for the county in which the proceeding is initiated, as the case may be, shall represent the individual or agency in any judicial proceeding for involuntary detention or commitment and shall defend all challenges to such detention or commitment.
A.R.S. § 36-3911 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3911
36-3911 Exemption of contract employees from limitations on hours of labor
Status: in_force

36-3911. Exemption of contract employees from limitations on hours of labor

Any person employed by a children's camp on a written contract basis for a specified term longer than one week shall be exempt from the provisions of section 23-233, relating to daily and weekly hours of labor, except that no child under the age of sixteen years shall be employed for more than forty hours in any one week.
A.R.S. § 36-2903.10 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.10
36-2903.10 AHCCCS contractors; prescription monitoring; controlled substances; review
Status: in_force

36-2903.10. AHCCCS contractors; prescription monitoring; controlled substances; review

A. A contractor shall intervene if a member has ten or more prescriptions for controlled substances within a three-month period.

B. A contractor shall monitor prescriptions that are filled by members and shall intervene with both the prescriber and the member when excessive amounts of controlled substances are used.  The contractor shall direct cases involving excessive controlled substance use to the system medical director for review.
A.R.S. § 36-1804 — Arizona Code / Title 36 / Chapter 16 / Article 1 / Section 1804
36-1804 Licensed registered nurse transition to practice pilot program; program administrator; program curricula; stipends
Status: in_force

36-1804. Licensed registered nurse transition to practice pilot program; program administrator; program curricula; stipends

(Rpld. 1/1/27)

A. Subject to available monies, the administration may establish a licensed registered nurse transition to practice pilot program to facilitate and improve the transition for nurses from education to practice. The program shall support and develop new nurses, provide evidence-based professional development and accelerate the novice nurse to a competent nurse more rapidly.

B. The administration may contract with a statewide hospital association whose membership includes critical care access hospitals or a statewide nurses association experienced in education and training programs to administer some or all of the program. The administration or designated program administrator shall select curricula for the program from a national vendor with experience administering nurse training programs. The curricula must include the following elements:

1. Effective decision-making skills.

2. Clinical leadership while administering care.

3. Incorporating research-based evidence into practice.

4. Professional commitment to nursing.

5. Individual development goals.

C. Subject to available monies, the administration or designated program administrator shall provide stipends to participating health care institutions to implement the licensed registered nurse transition to practice pilot program using the selected curricula. The program administrator shall give priority to critical access hospitals or hospitals located in counties with a population of less than five hundred thousand persons.

D. The monies provided under the program are intended to supplement and not supplant existing transition to practice training program expenses covered by the participating health care institutions. The program established pursuant to this section shall require participating health care institutions to provide matching monies from a revenue source other than the state general fund. Participation in the program is voluntary. Any grant monies remaining unused at the end of a fiscal year may be rolled over to the next fiscal year or reallocated by the administration to the program established by section 36-1803.
A.R.S. § 36-905 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 905
36-905 Tolerances for added poisonous ingredients
Status: in_force

36-905. Tolerances for added poisonous ingredients

A. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive shall be deemed unsafe for the purpose of paragraphs 2, 3 and 13 of section 36-904, unless there is in effect a regulation pursuant to subsection B of this section limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such regulation. A food shall not, by reason of bearing or containing such substance in accordance with such regulation, be considered adulterated within the meaning of paragraph 1 of section 36-904.

B. The director may adopt, amend or repeal regulations, whether or not in accordance with regulations promulgated under the federal act, prescribing tolerances, including zero tolerances, for any added poisonous or deleterious substances, for food additives, for pesticide chemicals in or on raw agricultural commodities or for color additives and prescribing the conditions under which a food additive or a color additive may be safely used and exemptions where such food additive or color additive is to be used solely for investigational or experimental purposes. In prescribing tolerances in the case of pesticide chemicals in or on raw agricultural commodities consideration shall be given to the persistence of background count due to prior applications of the pesticide chemical, and such rules and regulations may allow for any background count and consideration shall be given to restrictions, or lack of restrictions, on pesticide chemical use established pursuant to law. In prescribing tolerances in the case of pesticide chemicals, such tolerances shall not be more restrictive than those established pursuant to the federal act. The director may take action under this subsection upon his own motion or upon the petition of any interested party requesting that such action be taken. The petitioner, if any, shall establish by data submitted to the director that a necessity exists for such action and that its effect will not be detrimental to the public health. If the data furnished by the petitioner is not sufficient for the director to determine whether such action should be taken, the director may require additional data to be submitted and failure to comply shall be sufficient grounds to deny the request. In adopting, amending or repealing regulations relating to such substances the director shall consider among other relevant factors the following, which the petitioner, if any, shall furnish:

1. The name and all pertinent information concerning such substance, including where available its chemical identity and composition, a statement of the conditions of the proposed use, including directions, recommendations, suggestions and specimens of proposed labeling, all relevant data bearing on the physical or other technical effect, and the quantity required to produce such effect.

2. The probable composition of any substance formed in or on a food resulting from the use of such substance.

3. The probable consumption of any such substance in the diet of man and animals, considering any chemically or pharmacologically related substance in such diet.

4. Safety factors which, in the opinion of experts qualified by scientific training and experience to evaluate the safety of such substances for the use for which they are proposed, are generally recognized as appropriate for the use of animal experimentation data.

5. The availability of any needed practicable methods of analysis for determining the identity and quantity of:

(a) Such added substance in or on a food.

(b) Any other substance formed in or on a food because of the use of such added substance.

(c) The added substance and all its intermediates and impurities.

6. Facts supporting a contention that the proposed use of such substance will serve a useful purpose.
A.R.S. § 36-775 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 775
36-775 Adjustment account
Status: in_force

36-775. Adjustment account

A. Two cents of each dollar in the tobacco tax and health care fund shall be deposited in the adjustment account for transfer of appropriate amounts to the corrections fund established by section 41-1641 to compensate for decreases in the corrections fund resulting from lower tobacco tax revenues available under section 42-3104 as a result of the levy of luxury taxes that are dedicated to the tobacco tax and health care fund pursuant to section 42-3252. Any monies in the adjustment account in excess of the amount needed for the adjustment revert to the tobacco tax and health care fund for distribution in equal proportions to the accounts described under sections 36-772, 36-773 and 36-774.

B. The department of revenue shall administer the adjustment account.
A.R.S. § 36-123.01 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 123.01
36-123.01 Drug disposal education and awareness; controlled substances; public-private partnership; fund
Status: in_force

36-123.01. Drug disposal education and awareness; controlled substances; public-private partnership; fund

A. On or before January 1, 2019, the department shall enter into a public-private partnership to develop an education and awareness program regarding the disposal of prescription drugs, including controlled substances, nonprescription drugs, needles and sharps. The education and awareness program may include:

1. A web-based resource that:

(a) Describes available drug disposal options, including drug disposal take-back sites, drug disposal take-back events, in-home drug disposal options that render products safe from misuse and any other method that complies with state and federal laws and the rules adopted pursuant to those laws.

(b) May reduce the availability of unused controlled substances and may minimize the potential environmental impact of drug disposal options.

(c) Provides a list of drug disposal take-back sites that may be sorted and searched by name or location.

(d) Provides a list of drug disposal take-back events in this state, including the date, time and location information for each event.

(e) Describes appropriate disposal methods for needles and sharps and location sites providing for disposal of needles and sharps.

2. Educational activities designed to ensure consumer awareness of the safe storage and effective disposal of prescription drugs, including controlled substances, and nonprescription drugs.

B. The drug disposal education and awareness fund is established consisting of monies donated or contributed to the fund by private persons or organizations.  The department shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund shall be used to pay for the costs of administering the education and awareness program established pursuant to this section.
A.R.S. § 36-885 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 885
36-885 Inspection of child care facilities
Status: in_force

36-885. Inspection of child care facilities

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 facility to determine if it complies with this article and rules adopted under this article.

B. The department shall visit each child care facility as often as necessary to assure continued compliance with this article and department rules. The department shall make at least one unannounced visit annually.
A.R.S. § 36-446 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446
36-446 Definitions
Status: in_force

36-446. Definitions

In this article, unless the context otherwise requires:

1. "Administrator" or "nursing care institution administrator" means a person who is charged with the general administration of a nursing care institution, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.

2. "Assisted living facility" has the same meaning prescribed in section 36-401.

3. "Assisted living facility manager" means a person who has responsibility for administering or managing an assisted living facility, whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others.

4. "Assisted living facility training program" includes:

(a) Training that is required for assisted living facility manager certification.

(b) Training that is required for assisted living facility caregivers and that is either:

(i) Consistent with the training, competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers.

(ii) As prescribed in section 36-446.16.

5. "Board" means the board of examiners of nursing care institution administrators and assisted living facility managers.

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

7. "Directed care services" has the same meaning prescribed in section 36-401.

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

9. "Felony involving violence or financial fraud" means any of the following offenses:

(a) Sexual abuse of a vulnerable adult.

(b) Homicide, including first or second degree murder, manslaughter or negligent homicide.

(c) Sexual assault.

(d) Sexual exploitation of a vulnerable adult.

(e) Commercial sexual exploitation of a vulnerable adult.

(f) Child abuse.

(g) Abuse of a vulnerable adult.

(h) Molestation of a child.

(i) Molestation of a vulnerable adult.

(j) A dangerous crime against children as defined in section 13-705.

(k) Neglect or abuse of a vulnerable adult.

(l) Sexual abuse.

(m) Causing one's spouse to become a prostitute.

(n) Detention of persons in a house of prostitution for debt.

(o) Pandering.

(p) A felony offense involving domestic violence as defined in section 13-3601 except for a felony offense involving only criminal damage in an amount of more than $250 but less than $1,000 if the offense was committed before June 29, 2009.

(q) Any felony offense in violation of title 13, chapter 12.

(r) Felony indecent exposure.

(s) Felony public sexual indecency.

(t) Terrorism.

(u) Any offense involving a violent crime as defined in section 13-901.03.

(v) Aggravated criminal damage.

(w) Theft.

(x) Theft by extortion.

(y) Forgery.

(z) Criminal possession of a forgery device.

(aa) Obtaining a signature by deception.

(bb) Theft of a credit card or obtaining a credit card by fraudulent means.

(cc) Receipt of anything of value obtained by fraudulent use of a credit card.

(dd) Forgery of a credit card.

(ee) Fraudulent use of a credit card.

(ff) Possession of any machinery, plate or other contrivance or incomplete credit card.

(gg) A false statement as to financial condition or identity to obtain a credit card.

(hh) Fraud by persons authorized to provide goods or services.

(ii) Credit card transaction record theft.

(jj) Adding poison or another harmful substance to food, drink or medicine.

(kk) A criminal offense involving criminal trespass under title 13, chapter 15.

(ll) A criminal offense involving burglary under title 13, chapter 15.

(mm) A criminal offense under title 13, chapter 23, except terrorism.

(nn) A felony offense involving domestic violence as defined in section 13-3601 if the offense involved only criminal damage in an amount of more than $250 but less than $1,000 and the offense was committed before June 29, 2009.

(oo) Taking the identity of another person or entity.

(pp) Aggravated taking the identity of another person or entity.

(qq) Trafficking in the identity of another person or entity.

(rr) Welfare fraud.

(ss) Kidnapping.

(tt) Robbery, aggravated robbery or armed robbery.

10. "Nursing care institution":

(a) Means an institution or other place, however named, whether for profit or not, including facilities operated by this state or a subdivision of this state, that is advertised, offered, maintained or operated for the express or implied purpose of providing care to persons who need nursing services on a continuing basis but who do not require hospital care or care under the daily direction of a physician.

(b) Does not include:

(i) An institution for the care and treatment of the sick that is operated only for those who rely solely on treatment by prayer or spiritual means in accordance with the tenets of a recognized religious denomination.

(ii) Nursing care services that are an integral part of a hospital licensed pursuant to this chapter.

11. "Unprofessional conduct" includes:

(a) Dishonesty, fraud, incompetency or gross negligence in performing administrative duties.

(b) Gross immorality or proselytizing religious views on patients without their consent.

(c) Other abuses of official responsibilities, which may include intimidating or neglecting patients.
A.R.S. § 36-766.02 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.02
36-766.02 Powers and duties of director; rules; waiver
Status: in_force

36-766.02. Powers and duties of director; rules; waiver

A. The director, by rule, shall:

1. Outline the scope of practice and the core competencies of state-certified doulas regarding the skills and areas of knowledge that are essential to expand health and wellness, to reduce health disparities and to promote culturally relevant practices within diverse communities.

2. Describe and define reasonable and necessary minimum qualifications, including those prescribed in section 36-766.03.

3. Adopt standards and requirements to establish state-certified doula education and training programs in this state.

4. Adopt standards to approve or accept continuing education courses for renewing state-certified doula certificates.

5. Establish criteria for granting, denying, suspending and revoking state-certified doula certificates in order to protect the public health and safety.

B. The director may consult with subject matter experts from an integrated public health program at a higher education institution located in this state regarding the development of rules prescribed by this section.

C. The director may adopt rules:

1. That are necessary to administer and enforce this article.

2. That allow for reciprocity agreements, including with the Indian health service.

D. The director shall waive the minimum training and education requirements for certification for applicants who provide documentation of current certification with a nationally recognized doula organization.