A.R.S. § 36-3602 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3602
36-3602 Delivery of health care through telehealth; requirements; exceptions
Status: in_force

36-3602. Delivery of health care through telehealth; requirements; exceptions

A. Except as provided in subsection G of this section, before a health care provider delivers health care through telehealth, the treating health care provider shall obtain verbal or written informed consent, including by electronic means, from the patient or the patient's health care decision maker.  If the informed consent is obtained verbally, the health care provider shall document the consent on the patient's medical record.

B. The patient is entitled to all existing confidentiality protections pursuant to section 12-2292.

C. All medical reports resulting from a telehealth consultation are part of a patient's medical record as defined in section 12-2291.

D. Dissemination of any images or information identifiable to a specific patient for research or educational purposes shall not occur without the patient's consent, unless authorized by state or federal law.

E. Except as provided in subsection F of this section and for schedule II drugs, a health care provider regulatory board or agency may not enforce any statute, rule or policy that would require a health care provider who is licensed by that board or agency and who is authorized to write prescriptions or dispense or administer prescription drugs and devices to provide an in-person examination of the patient before issuing a prescription except as specifically prescribed by federal law. A physical or mental health status examination may be conducted during a telehealth encounter.  Schedule II drugs may be prescribed only after an in-person or audio-visual examination and only to the extent allowed by federal and state law.

F. Services provided through telehealth are subject to this state's laws and rules governing the health care provider's scope of practice and the practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607.

G. The consent requirements of this section do not apply:

1. If the telehealth interaction does not take place in the physical presence of the patient.

2. In an emergency situation in which the patient or the patient's health care decision maker is unable to give informed consent.

3. To the transmission of diagnostic images to a health care provider serving as a consultant or the reporting of diagnostic test results by that consultant.
A.R.S. § 36-1692 — Arizona Code / Title 36 / Chapter 13 / Article 8 / Section 1692
36-1692 Environmental exposure risk assessment program; fees
Status: in_force

36-1692. Environmental exposure risk assessment program; fees

A. The department shall establish an environmental exposure risk assessment program.  The program shall:

1. Analyze public health risks associated with environmental exposures.

2. Provide for an independent evaluation and assessment of different strategies to reduce or prevent public health risks from environmental exposures.

3. Unless the director determines that the department does not have the capacity to complete required program services in a timely manner, provide state agencies, political subdivisions of this state and private entities and persons with information necessary to address public health risks from environmental exposures. The department shall establish a fee for providing environmental exposure risk assessments.

B. The department shall deposit all fees collected pursuant to this section in the risk assessment fund established by section 36-1693.
A.R.S. § 36-733 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 733
36-733 Choice of physician and mode of treatment
Status: in_force

36-733. Choice of physician and mode of treatment

This article does not allow a private or public facility or agency to restrict an afflicted person's right to choose a physician or to select the mode of treatment within the terms determined by the tuberculosis control officer or the local health officer as available and necessary to protect the health and safety of another person or the community.
A.R.S. § 36-2943 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2943
36-2943 Provider subcontracts; hospital reimbursement
Status: in_force

36-2943. Provider subcontracts; hospital reimbursement

A. Subcontracts for services rendered by providers pursuant to section 36-2940 shall be awarded through competitive statewide proposals in as nearly the same manner as that provided in section 41-2534. If there is not a sufficient number of qualified proposals, a subcontract may be negotiated with a provider and shall be awarded pursuant to section 41-2536. In order to deliver covered services to members enrolled or expected to be enrolled in the system within a county, the program contractor may negotiate and award without bid a provider subcontract if during the contract year there is an insufficient number of subcontracts awarded to providers. The term of the subcontract shall not extend beyond the next bid and subcontract award process as provided in this section, and the subcontract shall be at rates no greater than the weighted average rates for the appropriate level of care paid to similar providers in the same county. This section does not allow a program contractor to forego the competitive bid process pursuant to section 41-2534 unless there is an unanticipated increase in members enrolled in the system or a decrease in available beds brought about by the closure of a facility operated by a provider that is unable to be absorbed by current contracting providers located in the same general area.  Before soliciting subcontracts without the competitive bid process, the program contractor shall receive approval from the director.

B. Hospitals that render care to members shall be paid by the program contractor as prescribed in section 36-2903.01, or such lower rate as may be negotiated by the program contractor.

C. The director may ensure through the subcontracts pursuant to subsection A of this section that at least ten per cent of the members are provided services pursuant to this article on a capitation basis.

D. A claim for an authorized service submitted by a licensed skilled nursing facility, an assisted living Arizona long-term care system provider or a home and community based Arizona long-term care system provider that renders care to members pursuant to this article shall be adjudicated within thirty calendar days after receipt by the program contractor.  Any clean claim for an authorized service provided to a member that is not paid within thirty calendar days after the claim is received accrues interest at the rate of one per cent per month from the date the claim is submitted.  The interest is prorated on a daily basis and must be paid by the program contractor at the time the clean claim is paid.
A.R.S. § 36-2971 — Arizona Code / Title 36 / Chapter 29 / Article 3 / Section 2971
36-2971 Definitions
Status: in_force

36-2971. Definitions

In this article, unless the context otherwise requires:

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

2. "Contractor" means a person or entity that has a prepaid capitated contract with the administration pursuant to section 36-2904 to provide health care to members under this article either directly or through subcontracts with providers.

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

4. "Director" means the director of the Arizona health care cost containment system administration.

5. "Dual eligible" means a person who is determined eligible pursuant to this article and who is also determined eligible pursuant to section 36-2901, paragraph 6, subdivision (a) or section 36-2931, paragraph 5.

6. "Member" means an eligible person who enrolls in the system and who is defined as a qualified medicare beneficiary pursuant to section 1905(p) of title XIX of the social security act and whose income does not exceed one hundred per cent of the federal poverty guidelines.

7. "Noncontracting provider" means a person who provides services and who does not have a subcontract with a contractor or program contractor.

8. "Primary care physician" means a physician who is a family practitioner, general practitioner, pediatrician, general internist, or obstetrician or gynecologist.

9. "Primary care practitioner" means a nurse practitioner certified pursuant to title 32, chapter 15 or a physician assistant certified pursuant to title 32, chapter 25.  This paragraph does not expand the scope of practice for nurse practitioners as defined pursuant to title 32, chapter 15, or for physician assistants as defined pursuant to title 32, chapter 25.

10. "Program contractor" means the department or any other entity that contracts with the administration pursuant to section 36-2940 or 36-2944.

11. "Qualified medicare beneficiary only" means an eligible person who is determined eligible pursuant to this article and who is not enrolled as a member under either article 1 or 2 of this chapter.

12. "Qualifying individual 1" means a person who would be defined as eligible pursuant to this article except for the fact that the person's income is at least one hundred twenty per cent of the federal poverty guidelines but is less than one hundred thirty-five per cent of the federal poverty guidelines.

13. "Qualifying individual 2" means a person who would be defined as eligible pursuant to this article except for the fact that the person's income is at least one hundred thirty-five per cent of the federal poverty guidelines but is less than one hundred seventy-five per cent of the federal poverty guidelines.

14. "Section 1115 waiver" means the research and demonstration waiver granted by the United States department of health and human services.

15. "Specified low income medicare beneficiary" means a person who would be defined as an eligible person pursuant to this article except for the fact that the person's income is above one hundred per cent of the federal poverty guidelines but is less than one hundred twenty per cent of the federal poverty guidelines.

16. "System" means the Arizona health care cost containment system established by article 1 of this chapter and the Arizona long-term care system established by article 2 of this chapter.
A.R.S. § 36-3504 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3504
36-3504 Child fatality review fund
Status: in_force

36-3504. Child fatality review fund

A. The child fatality review fund is established consisting of appropriations, monies received pursuant to section  36-341, subsection E and gifts, grants and donations made to the department of health services to implement subsection B of this section. The department of health services shall administer the fund. The department shall deposit, pursuant to sections 35-146 and 35-147, all monies it receives in the fund.

B. The department of health services shall use fund monies to staff the state child fatality review team and the suicide mortality review team and to train and support local child fatality review teams and suicide mortality review teams.

C. Monies spent for the purposes specified in subsection B of this section are subject to legislative appropriation. Any fee revenue collected in excess of $200,000 in any fiscal year is appropriated from the child fatality review fund to the child abuse prevention fund established pursuant to section 8-550.01, subsection A, to be used for healthy start programs.
A.R.S. § 36-323 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 323
36-323 Amending registered certificates: corrections
Status: in_force

36-323. Amending registered certificates: corrections

A. The state registrar shall amend a registered certificate pursuant to this chapter and rules adopted pursuant to this chapter.

B. The state registrar shall amend a registered birth certificate to show the new name of a person born in this state if:

1. The person, the person's parent or the person's legal guardian requests the new name and the state registrar receives a court order to change the person's name on the registered birth certificate.

2. A voluntary acknowledgement of paternity submitted pursuant to section 25-812 includes a request to change the person's name on the registered birth certificate.

C. The state registrar shall adopt rules for making corrections to vital records.
A.R.S. § 36-2999.57 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.57
36-2999.57 Discontinuance of assessments
Status: in_force

36-2999.57. Discontinuance of assessments

(Rpld. 10/1/31)

A. The department of revenue shall discontinue collection of all assessments if any of the following applies:

1. The quality assessment waiver or the state plan amendment reflecting the quarterly nursing facility adjustment payments is not approved by the centers for medicare and medicaid services.

2. The administration reduces funding for nursing facility services below the state appropriation in effect on the effective date of this article.

3. The administration or any other state agency attempts to use monies in the nursing facility assessment fund established pursuant to section 36-2999.53 for any use other than those permitted pursuant to this article.

4. Federal financial participation to match the quality assessments made pursuant to this article becomes unavailable under federal law, in which case the administration must terminate the imposition of the assessments beginning on the date the federal statutory, regulatory or interpretive changes take effect.

B. If the department of revenue discontinues collection of the assessment pursuant to this section, it shall return all monies in the nursing facility assessment fund established by section 36-2999.53 to the nursing facilities from which the assessment was collected on the same basis as the assessments were assessed.
A.R.S. § 36-3433 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3433
36-3433 Annual budget; request and allocation
Status: in_force

36-3433. Annual budget; request and allocation

A. The administration shall annually include in its budget request a separate appropriations request for the comprehensive behavioral health service system for children. The request shall be based on the annual plan and assessment. All behavioral health services provided for children by the administration shall be included in the request.

B. In preparing its budget request, the administration shall:

1. Identify that at least twenty percent of the total amount of appropriations requested be set aside for prevention and early identification programs.

2. Allocate up to five percent of the total appropriations requested for evaluation of the system.

3. Establish priorities for allocation of funding that include:

(a) Outpatient services.

(b) Secure residential services for seriously emotionally disturbed children.

(c) Residential services for children with substance abuse problems.

(d) Partial care and day treatment services.

(e) Emergency services, including crisis shelter, crisis stabilization and emergency inpatient hospitalization.

4. Consider the special needs of rural and urban areas of the state and the special needs of cultural and ethnic groups requiring services.

C. The administration may modify the priorities identified in subsection B of this section based on the results of the administration's needs assessments and resource assessments and shall include the justification for modifications in its annual plan required pursuant to section 36-3432. No monies allocated for evaluation under subsection B, paragraph 2 of this section shall be used for design and implementation of a management information system.

D. Subject to legislative appropriation, the administration shall establish as a goal an annual increase of total children's service system capacity by ten percent annually.
A.R.S. § 36-503.03 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 503.03
36-503.03 Civil commitment treatment population; cap
Status: in_force

36-503.03. Civil commitment treatment population; cap

The Arizona state hospital shall collect census data for adult civil commitment treatment programs to establish maximum capacity and the allocation formula required by section 36-206, subsection D.  The Arizona state hospital or the department of health services is not required to provide civil commitment treatment that exceeds the funded capacity.  If the Arizona state hospital reaches its funded capacity in civil commitment treatment programs, the superintendent of the state hospital shall establish a waiting list for admission based on the date of the court order issued pursuant to this section.
A.R.S. § 36-2953 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2953
36-2953 Department long-term care system fund; uniform accounting; reporting requirements
Status: in_force

36-2953. Department long-term care system fund; uniform accounting; reporting requirements

A. The department shall establish and maintain a department long-term care system fund, which is a separate fund to distinguish its revenues and its expenditures pursuant to this article from other programs funded or administered by the department. Subject to legislative appropriation, the fund shall be used to pay administrative and program costs associated with the operation of the system. The department long-term care system fund shall be divided as follows:

1. An account for eligibility determination pursuant to section 36-2933, if the administration enters into an interagency agreement with the department pursuant to section 36-2933, subsection E.

2. An account for the provision of long-term care services as prescribed in section 36-2939, subsections A and B.

B. The department long-term care system fund shall be composed of:

1. Monies paid by the administration pursuant to the contract.

2. Amounts paid by third-party payors.

3. Gifts, donations and grants from any source.

4. State appropriations for the department long-term care system pursuant to this article.

5. Interest on monies deposited in the long-term care system fund.

C. The department shall submit a prospective long-term care budget as prescribed by the administration.

D. The administration shall prescribe a uniform accounting system for the fund established pursuant to subsection A of this section. Technical assistance shall be provided by the administration to the department in order to facilitate the implementation of the uniform accounting system.

E. The department shall submit an annual audited financial and programmatic report for the preceding fiscal year as required by the administration. The report shall include beginning and ending fund balances, revenues and expenditures, including specific identification of administrative costs for the system. The report shall include the number of members served by the system and the cost incurred for various types of services provided to members in a format prescribed by the director.

F. The department shall submit additional utilization and financial reports as required by the director.

G. The director shall make at least an annual review of the department's records and accounts.

H. All monies from capitated payments in the department long-term care system fund that are unexpended and unencumbered at the end of the fiscal year revert to the state general fund on or before June 30 of the following fiscal year.  The transfer amount may be adjusted for reported but unpaid claims and estimated incurred but unreported claims, subject to approval by the administration. The transfer amount may not be adjusted to pay nonmedicaid claims incurred by the division of developmental disabilities.
A.R.S. § 36-1335 — Arizona Code / Title 36 / Chapter 11.3 / Article 1 / Section 1335
36-1335 Eligible patient's access; blocking by state prohibited
Status: in_force

36-1335. Eligible patient's access; blocking by state prohibited

An official, employee or agent of this state may not block or attempt to block an eligible patient's access to an individualized investigational drug, biological product or device. Counseling, advice or a recommendation consistent with medical standards of care from a licensed physician is not a violation of this section.
A.R.S. § 36-2524 — Arizona Code / Title 36 / Chapter 27 / Article 3 / Section 2524
36-2524 Order forms
Status: in_force

36-2524. Order forms

Controlled substances in schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form.  Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
A.R.S. § 36-470 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 470
36-470 Examination of specimens; written requests; reports of results; retention of test records
Status: in_force

36-470. Examination of specimens; written requests; reports of results; retention of test records

A. Except as otherwise provided, a clinical laboratory shall examine specimens at the authorization of any person licensed pursuant to title 32, chapter 7, 8, 13, 14, 17 or 29 or title 32, chapter 11, article 2, a person licensed to practice medicine or surgery in another state or a person authorized by law or department rules.

B. The result of a test shall be reported to the person who authorized it. A report of results issued from a clinical laboratory shall provide information required by the department by rule.  A clinical interpretation, diagnosis or prognosis or suggested treatment other than normal values shall not appear on the laboratory report form, except that a report made by a physician licensed to practice medicine and surgery in this state or another state may include this information.

C. The result of a test may be reported to a health care provider, as defined in section 12-2291, that has a treatment relationship with a patient, to a person or entity that provides services to the health care provider and with whom the health care provider or the clinical laboratory has a business associate agreement that requires the person or entity to protect the confidentiality of patient information as required by the health insurance portability and accountability act privacy standards, 45 Code of Federal Regulations part 164, subpart E or to the patient or the patient's health care decision maker.

D. All specimens accepted by a laboratory for specified tests shall be tested on its premises, except that specimens, other than those for proficiency testing purposes, may be forwarded for examination to another laboratory licensed under this article or exempted by section 36-461, paragraph 1.

E. When the laboratory performing the examination is other than the laboratory accepting the specimen, the report submitted shall include information required by the department by rule.

F. Records involving laboratory services and copies of reports of laboratory tests shall be kept in a manner as prescribed by the department by rule.

G. A person authorized to request clinical laboratory examinations pursuant to this section may direct that a clinical laboratory examine a person's specimens at that person's request if the authorization is given pursuant to department rules and specifies:

1. The name of the person authorized to request an examination and to receive the results of that examination.

2. The type of examinations to be performed by the laboratory.

3. The total number of examinations the authorized person may request.

4. The beginning and expiration dates of the authorization.

5. The identification of the person giving the authorization.

H. The laboratory shall report test results ordered pursuant to subsection G of this section to the person who authorized the test and to the person who requested it.
A.R.S. § 36-311 — Arizona Code / Title 36 / Chapter 3 / Article 2 / Section 311
36-311 Appointment and removal of local registrars and deputy local registrars
Status: in_force

36-311. Appointment and removal of local registrars and deputy local registrars

A. The state registrar shall appoint the county health officer of the county health department as the local registrar for a registration district. If a county health department does not have a county health officer, the state registrar shall appoint an employee of the county health department as the local registrar for a registration district.

B. With notice to the state registrar, the local registrar may appoint one or more persons to serve as deputy local registrars with any of the duties vested in the local registrar.

C. The state registrar may remove a local registrar or a deputy local registrar who does not comply with this chapter or rules adopted pursuant to this chapter or for any other reasonable cause.

D. After notice to the state registrar, the local registrar may remove a deputy local registrar who does not comply with this chapter or rules adopted pursuant to this chapter or for any other reasonable cause.

E. The state registrar may abolish the office of a local registrar if the registration district for which the local registrar is appointed is combined with another registration district.
A.R.S. § 36-2230 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2230
36-2230 Ambulance services; police dogs; authorization; policies and procedures; immunity; billing
Status: in_force

36-2230. Ambulance services; police dogs; authorization; policies and procedures; immunity; billing

A. Each ambulance service shall require its emergency medical care technicians and ambulance attendants as defined in section 36-2201, paragraph 6, subdivision (b) to transport a police dog that is injured in the line of duty, along with a police officer who is trained in dog handling, if available, or other police personnel who are medically trained, by a ground ambulance or another emergency medical services vehicle to a veterinary clinic or veterinary hospital equipped to provide emergency treatment to dogs, if all of the following apply:

1. A person is not requiring emergency medical treatment or transport by the ground ambulance or other emergency medical services vehicle at that time.

2. The transport is not expected to take more than thirty minutes from the point of pickup to the veterinary clinic or veterinary hospital.

3. The ambulance service has at least one additional ground ambulance in service and available to respond to emergency calls.

4. The transport by a police officer in the police officer's emergency vehicle is not deemed to be more safe and more expeditious than transport by a ground ambulance.

B. An ambulance service may authorize its emergency medical care technicians, if trained, to provide emergency treatment to a police dog that is injured in the line of duty.

C. Each ambulance service may develop written policies and procedures for all of the following:

1. Appropriate training of the ambulance service's emergency medical care technician personnel to provide police dogs with basic level first aid, cardiopulmonary resuscitation and lifesaving interventions, including administering naloxone, that are developed in consultation with a veterinarian who is licensed in this state.

2. Safe handling procedures for injured police dogs, including the use of a muzzle, and response coordination with a law enforcement agency member who is trained in handling police dogs, that are developed in consultation with a veterinarian who is licensed in this state and a law enforcement police dog handler or trainer.

3. Identification of local veterinary facilities that will provide emergency treatment of injured police dogs on short notice.

4. Proper and complete decontamination of stretchers, the patient compartment and all contaminated medical equipment after a police dog has been transported by a ground ambulance or other emergency medical services vehicle.

5. Sterilization of the interior of a ground ambulance or other emergency medical services vehicle, including complete sanitizing of all allergens and disinfection to a standard safe for human transport before the ground ambulance or other vehicle is returned to human service.

D. Emergency medical care technicians and any other personnel certified under this chapter who in the performance of their duties and in good faith render emergency first aid, cardiopulmonary resuscitation, transportation or other emergency medical services to an injured police dog pursuant to this section are not personally liable as a result of rendering such aid or services.

E. An ambulance service that provides transport for an injured police dog pursuant to this section may bill the governmental entity that owns the police dog for the cost of the transport.

F. This section does not preclude a police officer who is trained in dog handling of an injured police dog from choosing to transport the injured police dog in the police officer's own emergency vehicle.
A.R.S. § 36-3301 — Arizona Code / Title 36 / Chapter 33 / Article 1 / Section 3301
36-3301 Definitions
Status: in_force

36-3301. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Department" means the department of economic security.
A.R.S. § 36-766.09 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.09
36-766.09 Doula community advisory committee; members; duties
Status: in_force

36-766.09. Doula community advisory committee; members; duties

A. The doula community advisory committee is established consisting of at least nine doulas, including those who represent diverse and underrepresented communities, who are appointed by the director.  The term for an advisory committee member is two years.

B. The director shall consult with the advisory committee regarding implementing this article and the rules adopted pursuant to this article.  The advisory committee shall:

1. Develop a list of acceptable organizations that provide certification based on the minimum qualifications and core competencies prescribed in this article and rules adopted pursuant to this article.

2. Identify classes that address culturally relevant doula practices.

3. Review rules and advise the director of any necessary updates.
A.R.S. § 36-446.15 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.15
36-446.15 Assisted living facility caregivers; training and competency requirements; medication administration; testing
Status: in_force

36-446.15. Assisted living facility caregivers; training and competency requirements; medication administration; testing

A. Notwithstanding any other law, a person who successfully completes the training and competency requirements developed by the Arizona health care cost containment system administration for in-home direct care workers satisfies the training requirements for assisted living facility caregivers, except for medication administration training required by the assisted living facility caregiver's scope of practice.

B. An individual who meets the requirements specified in subsection A of this section and who registers for a medication administration examination is required to take and successfully complete only the part of the assisted living facility caregiver examination that covers the subject of medication administration.

C. The testing of an individual for medication administration competency:

1. Shall be conducted in accordance with the testing standards adopted by the board.

2. May be conducted by a training school approved by the board or by the assisted living facility that provided the training for the individual.
A.R.S. § 36-461 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 461
36-461 Exceptions to this article
Status: in_force

36-461. Exceptions to this article

The provisions of this article apply to all clinical laboratories and directors of clinical laboratories but do not apply to the following:

1. Clinical laboratories operated, licensed or certified by the United States government.

2. Certain classes of clinical laboratories and types and categories of laboratory examinations exempted from licensure by the director by rule if the director determines that the exemptions will not adversely affect public health.

3. Laboratories operated and maintained solely for research or teaching purposes if the director provides for this exemption by rule and determines that the exemption will not adversely affect public health.
A.R.S. § 36-2903.03 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.03
36-2903.03 United States citizenship and qualified alien requirements for eligibility; report; definition
Status: in_force

36-2903.03. United States citizenship and qualified alien requirements for eligibility; report; definition

A. A person who is applying for eligibility under this chapter shall provide verification of United States citizenship or documented verification of qualified alien status.  Beginning July 1, 2006, an applicant who is applying for services pursuant to this chapter shall provide satisfactory documentary evidence of citizenship or qualified alien status as required by the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 4; 42 United States Code section 1396b) or any other applicable federal law or regulation.

B. A qualified alien may apply for eligibility pursuant to section 36-2901, paragraph 6, subdivision (a) and, if otherwise eligible for title XIX, may receive all services pursuant to section 36-2907 if the qualified alien meets at least one of the following requirements:

1. Is designated as one of the exception groups under 8 United States Code section 1613(b).

2. Has been a qualified alien for at least five years.

3. Has been continuously present in the United States since August 21, 1996.

C. Notwithstanding any other law, persons who were residing in the United States under color of law on or before August 21, 1996, and who were receiving services under this article based on eligibility criteria established under the supplemental security income program, may apply for state funded services and, if otherwise eligible for supplemental security income-medical assistance only coverage except for United States citizenship or qualified alien requirements, may be enrolled with the system and receive all services pursuant to section 36-2907.

D. A person who is a qualified alien who does not meet the requirements of subsection B of this section or who is a noncitizen who does not claim and provide verification of qualified alien status may apply for title XIX eligibility under section 36-2901, paragraph 6, subdivision (a) and, if otherwise eligible for title XIX, may receive only emergency services pursuant to section 1903(v) of the social security act.

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

F. A person who is a qualified alien or a noncitizen and who is not eligible for title XIX may receive only emergency services.

G. On or before September 30 of each year, the administration shall submit a report to the governor, the president of the senate, the speaker of the house of representatives and the staff director of the joint legislative budget committee that includes the following information:

1. The number of individuals for whom the administration verified immigration status using the systematic alien verification for entitlements program administered by the United States citizenship and immigration services.

2. The number of documents that were discovered to be fraudulent by using the systematic alien verification for entitlements program.

3. A list of the types of fraudulent documents discovered.

4. The number of citizens of the United States who were referred by the administration for prosecution pursuant to violations of state or federal law and the number of individuals referred by the administration for prosecution who were not citizens.

H. The administration shall provide copies of the report to the secretary of state and the director of the Arizona state library, archives and public records.

I. For purposes of this section, "qualified alien" means an individual who is one of the following:

1. Defined as a qualified alien under 8 United States Code section 1641.

2. Defined as a qualified alien by the attorney general of the United States under the authority of Public Law 104-208, section 501.

3. An Indian described in 8 United States Code section 1612(b)(2)(E).
A.R.S. § 36-536 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 536
36-536 Service of petition, affidavit and notice of hearing; counsel for proposed patient; notice; personal service; guardian
Status: in_force

36-536. Service of petition, affidavit and notice of hearing; counsel for proposed patient; notice; personal service; guardian

A. At least seventy-two hours before the court conducts the hearing on the petition for court-ordered treatment, a copy of the petition, affidavits in support of the petition and the notice of the hearing shall be served on the patient, who shall be informed of the purpose of the hearing and advised of the patient's right to consult counsel. If the patient has not employed counsel, counsel shall be appointed by the court at least three days before the hearing. If at the time of the petition for evaluation the patient had counsel, the same attorney should, if possible, be appointed to represent the patient at the hearing for court-ordered treatment.

B. The notice provisions of this section cannot be waived.

C. The notice of the hearing shall fix the time and place for the hearing, which shall be held in the courtroom or other place within the county that the court designates to ensure humane treatment with due regard to the comfort and safety of the patient and others.

D. A copy of the petition, affidavits in support of the petition and notice of hearing shall be personally served on the proposed patient as prescribed by law or court rule or as ordered by the court.

E. The petitioner shall serve a copy of the petition, affidavits in support of the petition and the notice of the hearing on any guardian identified in the petition.  In lieu of personal service, a guardian may provide a written acknowledgment that the guardian has received the documents.  The petitioner shall complete service on the guardian at least two calendar days before the hearing on the petition, but failure to serve the guardian is not grounds for dismissing the petition.
A.R.S. § 36-2907.16 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.16
36-2907.16 Organ harvesting; insurance coverage limitations
Status: in_force

36-2907.16. Organ harvesting; insurance coverage limitations

A. Subject to the approval of the centers for medicare and medicaid services, the administration may limit coverage to a member for a human organ transplant or posttransplant care if either of the following applies:

1. The transplant operation is performed in the People's Republic of China or the Hong Kong special administrative region.

2. The human organ to be transplanted was procured by a sale or donation originating in the People's Republic of China or the Hong Kong special administrative region.

B. This section does not:

1. Require coverage for human organ transplants.

2. Limit the administration from denying coverage for any valid reason.
A.R.S. § 36-464 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 464
36-464 Fees; deposit
Status: in_force

36-464. Fees; deposit

A. The director shall establish by rule fees that do not exceed the cost to the department of conducting on-site inspections, evaluation and verification of information submitted with an application and other activities related to licensure of clinical laboratories pursuant to this article and rules adopted pursuant to this article. Fees for an application for a regular license, a provisional license and renewal of a license shall be based on the services that the laboratory is licensed to provide.

B. Fees collected in accordance with the provisions of this article shall be deposited in the state general fund.
A.R.S. § 36-571 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 571
36-571 Developmental disabilities fund; disbursement; federal monies
Status: in_force

36-571. Developmental disabilities fund; disbursement; federal monies

A. The developmental disabilities fund is established consisting of appropriations and other monies for use for developmental disabilities.  The department shall receive and disburse monies in the fund upon claims signed by the director or other person in the department designated by the director. Salaries and expenses of the department shall be paid from the fund.

B. The department shall maintain in separate accounts monies for the department or a program, service or facility which are received by gift, grant, bequest or devise, and such monies shall be disbursed for the purposes of and in conformity with the terms of the grant, gift, bequest or devise. Any unexpended balance of such monies shall not revert to the general fund at the end of the fiscal year.

C. Monies for developmental disabilities purposes received from the federal government or an agency thereof shall be kept in a separate account in the developmental disabilities fund. Any unexpended and unencumbered balance of federal funds remaining in the developmental disabilities fund at the end of a fiscal year shall not revert to the general fund.
A.R.S. § 36-2325 — Arizona Code / Title 36 / Chapter 23 / Article 3 / Section 2325
36-2325 Unprofessional conduct; civil penalties
Status: in_force

36-2325. Unprofessional conduct; civil penalties

A. A physician who intentionally or knowingly violates the prohibition in section 36-2322, subsection B commits an act of unprofessional conduct and the physician's license to practice medicine in this state shall be suspended or revoked pursuant to title 32, chapter 13 or 17, as applicable.

B. A physician who knowingly or intentionally delivers to the department any report required by section 36-2322, subsection C that contains a false statement is subject to a civil penalty of not more than $10,000 imposed by the department.

C. A physician who knowingly or intentionally fails to file with the department any report required by section 36-2322, subsection C is subject to a civil penalty of not more than $10,000 imposed by the department.
A.R.S. § 36-779 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 779
36-779 Tobacco revenue use spending and tracking commission
Status: in_force

36-779. Tobacco revenue use spending and tracking commission

A. The president of the senate and the speaker of the house of representatives shall establish a tobacco revenue use spending and tracking commission.

B. The president of the senate and the speaker of the house of representatives shall each appoint six members to the commission who have expertise in any of the following:

1. Public health services.

2. Programs relating to tobacco use cessation or tobacco addiction.

3. School-based tobacco education programs.

4. Marketing or public relations.

5. Research and evaluation of public health programs.

C. The speaker of the house of representatives and the president of the senate shall each appoint one member of the house of representatives and the senate respectively to serve as nonvoting advisory members of the commission whose presence is not counted for purposes of determining the presence of a quorum.

D. Commission members serve at the pleasure of their respective appointing officer.

E. Commission members are not eligible to receive compensation or reimbursement of expenses.

F. The commission shall advise and consult with the department of health services on the goals, objectives and activities of programs that receive monies pursuant to section 36-772.

G. The commission shall meet at least four times each calendar year.

H. At its first meeting the commission shall elect a chairperson and vice-chairperson from among its members and shall adopt bylaws to govern issues related to the conduct of commission business and conflicts of interest.
A.R.S. § 36-941 — Arizona Code / Title 36 / Chapter 8 / Article 3 / Section 941
36-941 Definitions
Status: in_force

36-941. Definitions

In this article, unless the context otherwise requires:

1. "Kosher" means sanctioned by and prepared under the traditional Hebrew rules and requirements or dietary laws. The word "kosher" as used in this article shall not be construed to include the words "kosher style."

2. "Place of business" means grocery store, market, hotel, inn, restaurant, boarding house, eating house, lunch room, cafeteria, caterer or other establishment or place in which meat, meat products, food or food products are sold for human consumption.
A.R.S. § 36-883.01 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 883.01
36-883.01 Statement of services
Status: in_force

36-883.01. Statement of services

Each child care facility shall annually furnish to the department, and make available to parents on request, an explicit and up-to-date written statement of the services it offers.
A.R.S. § 36-2999.71 — Arizona Code / Title 36 / Chapter 29 / Article 7 / Section 2999.71
36-2999.71 Definitions
Status: in_force

36-2999.71. Definitions

(Conditionally Rpld.)

In this article, unless the context otherwise requires:

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

2. "Base reimbursement level":

(a) Means the total expenditures by the Arizona health care cost containment system and its contracted health plans for hospital services to eligible persons in state fiscal year 2019-2020.

(b) Does not include directed payments made pursuant to this article or payments made through the pediatric services initiative pursuant to 42 Code of Federal Regulations section 438.6(c).

3. "Director" has the same meaning prescribed in section 36-2901.
A.R.S. § 36-3915 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3915
36-3915 Delegation of powers
Status: in_force

36-3915. Delegation of powers

The department of health services may delegate powers and duties provided pursuant to this chapter to a county health department of the county in which the children's camp is located.
A.R.S. § 36-2930.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930.01
36-2930.01 Members; missed medical appointments; fee; provider remedy
Status: in_force

36-2930.01. Members; missed medical appointments; fee; provider remedy

If a member misses a scheduled appointment with a physician or primary care practitioner who provides medical services pursuant to this article without canceling the appointment before the time for which it is scheduled, the physician or primary care practitioner may prohibit the member from rescheduling until the member has paid a twenty-five dollar missed appointment fee to the provider.
A.R.S. § 36-3231 — Arizona Code / Title 36 / Chapter 32 / Article 3 / Section 3231
36-3231 Surrogate decision makers; priorities; limitations
Status: in_force

36-3231. Surrogate decision makers; priorities; limitations

A. If an adult patient is unable to make or communicate health care treatment decisions, a health care provider shall make a reasonable effort to locate and shall follow a health care directive. A health care provider shall also make a reasonable effort to consult with a surrogate. If the patient has a health care power of attorney that meets the requirements of section 36-3221, the patient's designated agent shall act as the patient's surrogate.  However, if the court appoints a guardian for the express purpose of making health care treatment decisions, that guardian shall act as the patient's surrogate. If neither of these situations applies, the health care provider shall make reasonable efforts to contact the following individual or individuals in the indicated order of priority, who are available and willing to serve as the surrogate, who then have the authority to make health care decisions for the patient and who shall follow the patient's wishes if they are known:

1. The patient's spouse, unless the patient and spouse are legally separated.

2. An adult child of the patient. If the patient has more than one adult child, the health care provider shall seek the consent of a majority of the adult children who are reasonably available for consultation.

3. A parent of the patient.

4. If the patient is unmarried, the patient's domestic partner.

5. A brother or sister of the patient.

6. A close friend of the patient. For the purposes of this paragraph, "close friend" means an adult who has exhibited special care and concern for the patient, who is familiar with the patient's health care views and desires and who is willing and able to become involved in the patient's health care and to act in the patient's best interest.

B. If the health care provider cannot locate any of the people listed in subsection A of this section, the patient's attending physician may make health care treatment decisions for the patient after the physician consults with and obtains the recommendations of an institutional ethics committee.  If this is not possible, the physician may make these decisions after consulting with a second physician who concurs with the physician's decision. For the purposes of this subsection, "institutional ethics committee" means a standing committee of a licensed health care institution appointed or elected to render advice concerning ethical issues involving medical treatment.

C. A person who makes a good faith medical decision pursuant to this section is immune from liability to the same extent and under the same conditions as prescribed in section 36-3205.

D. A surrogate may make decisions about mental health care treatment on behalf of a patient if the patient is found incapable.  However, a surrogate who is not the patient's agent or guardian shall not make decisions to admit the patient to an inpatient psychiatric facility licensed by the department of health services, except as provided in subsection E of this section or section 14-5312.01, 14-5312.02 or 36-3281.

E. If the admitting officer for a mental health care provider has reasonable cause to believe after examination that the patient is incapable as defined in section 36-3281 and is likely to suffer serious physical harm or serious illness or to inflict serious physical harm on another person without immediate hospitalization, the patient may be admitted for inpatient treatment in an inpatient psychiatric facility based on informed consent given by any surrogate identified in subsection A of this section.  The patient shall be discharged if a petition for court ordered evaluation or for temporary guardianship requesting authority for the guardian to consent to admission to an inpatient psychiatric facility has not been filed within forty-eight hours of admission or on the following court day if the forty-eight hours expires on a weekend or holiday.  The discharge requirement prescribed in this section does not apply if the patient has given informed consent to voluntary treatment or if a mental health care provider is prohibited from discharging the patient under federal law.
A.R.S. § 36-1947 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1947
36-1947 Telecommunication devices for the deaf and the hearing and speech impaired; fund
Status: in_force

36-1947. Telecommunication devices for the deaf and the hearing and speech impaired; fund

A. The commission shall establish and administer a statewide program to purchase, repair and distribute telecommunication devices to residents of this state who are deaf or severely hearing or speech impaired and establish a dual party relay system making all phases of public telephone service available to persons who are deaf or severely hearing or speech impaired.

B. The commission may adopt administrative procedures, rules, criteria and forms to establish and administer the telecommunication device program under this section.

C. Telecommunication devices furnished by the commission under this section remain the property of this state.  A person who receives a telecommunication device from the commission under this section is liable for the loss of or damage to the device.  The commission may impose a civil penalty against the person in an amount equal to the cost of the device or the amount of damage done to the device.  If a person objects to the imposition of a civil penalty, the commission shall conduct a hearing as prescribed in title 41, chapter 6, article 10.  Monies collected by the commission under this subsection shall be deposited in the telecommunication fund for the deaf established by subsection D of this section.

D. The telecommunication fund for the deaf is established.  The commission shall administer the fund.  Monies in the fund shall be derived from the telecommunication services excise tax revenues distributed pursuant to section 42-5252, subsection B.  Interest accruing to the fund shall be deposited in the fund.  Monies in the fund are exempt from section 35-190 relating to lapsing of appropriations.  Subject to legislative appropriation, the commission shall use fund monies to purchase and repair telecommunication devices, to administer the program established by this section and for the operating costs of the commission.
A.R.S. § 36-504 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 504
36-504 Notice of patients' rights; notification to family
Status: in_force

36-504. Notice of patients' rights; notification to family

A. Every person undergoing treatment or evaluation pursuant to this chapter is entitled to the rights set forth in this chapter and to rights that the director specifies by rule. A list of patients' rights as required by this chapter and by the administration shall be compiled and published by the director by rule. The list shall be prominently posted in English and Spanish in all facilities providing evaluation or treatment. A patient's rights shall otherwise be brought to the attention of the patient as this chapter requires or the director may direct by rule.

B. An agency that is evaluating, examining or treating a person pursuant to article 4 or 5 of this chapter shall immediately notify the person's guardian or, if none, a member of the person's family that the person is being treated in the agency. If the person has an agent appointed pursuant to chapter 32 of this title, the agency shall notify that agent.  If the agency is unable to learn the identity of or to contact the guardian or member of the person's family, it shall document every attempt that was made to comply with the notification. The agency shall release any further information only after the treating professional or that person's designee interviews the person undergoing treatment or evaluation to determine whether or not release is in that person's best interests. A decision to release or withhold information is subject to review pursuant to section 36-517.01. The treating agency shall record the name of a person to whom any information is given.
A.R.S. § 36-2819 — Arizona Code / Title 36 / Chapter 28.1 / Section 2819
36-2819 Fingerprinting requirements
Status: in_force

36-2819. Fingerprinting requirements

(Caution:  1998 Prop. 105 applies)

Each person applying as a designated caregiver, a principal officer, agent or employee of a nonprofit medical marijuana dispensary, a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent may submit a current level I fingerprint clearance card issued pursuant to section 41-1758.07 or shall submit a full set of fingerprints to the department for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation without disclosing that the records check is related to the medical marijuana act and acts allowed by it.  The department shall destroy each set of fingerprints after the criminal records check is completed.
A.R.S. § 36-2227 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2227
36-2227 Informal interviews; request for information; nondissemination; violation; classification
Status: in_force

36-2227. Informal interviews; request for information; nondissemination; violation; classification

A. At least thirty days before the date of an informal interview held pursuant to this article or article 2 of this chapter, the department shall notify a person who is under investigation, or that person's designee, that the person or designee may submit a written request with the department at least ten business days before that interview that the department provide the following before the interview:

1. Except as provided pursuant to section 41-1010, the name of the person making the complaint.

2. Except as prohibited by state and federal privacy or confidentiality laws, any documents received by the department, in any format or medium, that are relevant to the investigation, including:

(a) Records obtained by the department from first responders, emergency medical care technicians or other health care providers.

(b) Witness statements or summaries.

(c) Patient records.

B. The department shall redact any information provided pursuant to subsection A of this section necessary to protect the personal identifying information of a patient.

C. A person who receives information pursuant to subsection A of this section may not copy, share or otherwise disseminate that information except as needed to participate in the informal interview or in an administrative proceeding or appeal arising from the investigation.  A person who violates this subsection is guilty of a class 3 misdemeanor.
A.R.S. § 36-3806 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3806
36-3806 Required policies
Status: in_force

36-3806. Required policies

A health information organization must implement and enforce policies governing the privacy and security of individually identifiable health information and compliance with this chapter.  These policies must:

1. Implement the individual rights prescribed in section 36-3802.

2. Address the individual's right to opt out of having the individual's individually identifiable health information accessible through the health information organization pursuant to section 36-3803.

3. Address the content and distribution of the notice of health information practices prescribed in section 36-3804.

4. Implement the restrictions on disclosure of individually identifiable health information through the health information organization as prescribed in section 36-3805.

5. Address security safeguards to protect individually identifiable health information as required by the health insurance portability and accountability act security rule (45 Code of Federal Regulations part 164, subpart C).

6. Prescribe the appointment and responsibilities of a person or persons who have responsibility for maintaining privacy and security procedures for the health information organization.

7. Require training of each employee and agent of the health information organization about the health information organization's policies, including the need to maintain the privacy and security of individually identifiable health information and the penalties for the unauthorized access, release, transfer, use or disclosure of individually identifiable health information. The health information organization must initially provide this training before an employee or agent may have access to individually identifiable health information available through the health information organization, and at a later time as reasonable and appropriate in accordance with the training implementation specifications required by the health insurance portability and accountability act privacy rule (45 Code of Federal Regulations section 164.530(b)).
A.R.S. § 36-2913 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2913
36-2913 Systems funds; funding
Status: in_force

36-2913. Systems funds; funding

A. The Arizona health care cost containment system fund, long-term care system fund and the third-party liability and recovery audit fund are established.  The funds shall be used to pay administrative and program costs associated with the operation of the system established pursuant to this article and the long-term care system established pursuant to article 2 of this chapter.

B. Separate accounts, including but not limited to a reserve fund, may be established within the funds. Different accounts within the funds shall be established in order to separately account for expense and income activity associated with the system established pursuant to this article and article 2 of this chapter.

C. The Arizona health care cost containment system fund and long-term care system fund shall be comprised of:

1. Monies paid by each of the counties of this state of the amounts determined or withheld by the state treasurer pursuant to section 11-292.

2. Monies paid by each county resolving to participate in the system equal to the actual cost, as limited by the board of supervisors, together with employee contributions of providing hospitalization and medical care under the system to full-time officers and employees of the county and its departments and agencies.

3. Monies paid by this state equal to the actual cost, as limited by section 38-651, together with employee contributions of providing hospitalization and medical care under the system to full-time officers and employees of this state, of its departments and agencies and of cities, towns and school districts of this state.

4. Monies drawn against appropriations made by this state for the costs of operating the Arizona health care cost containment system or the long-term care system. Monies shall be drawn against appropriations and transferred from the fund from which they were appropriated on an as needed basis only.

5. Gifts, donations and grants from any source.

6. Federal monies made available to this state for the operation of the Arizona health care cost containment system or the long-term care system.

7. Interest paid on monies deposited in the fund.

8. Reimbursements for data collection.

D. The third-party liability and recovery audit fund is comprised of monies paid by first-party payors, third-party payors, lien and estate recoveries and medical service providers for recovery audit contractor findings.

E. All monies in the funds other than monies appropriated by the state shall not lapse.

F. All monies drawn against appropriations made by this state remaining in the funds at the end of the fiscal year shall revert to the fund from which they were appropriated and drawn, and the appropriation shall lapse in accordance with section 35-190.  Notwithstanding the provisions of section 35-191, subsection B, the period for administrative adjustments shall extend for only six months for appropriations made for system covered services.

G. Notwithstanding sections 35-190 and 35-191, all approved claims for system covered services presented after the close of the fiscal year in which they were incurred shall be paid either in accordance with subsection F of this section or in the current fiscal year with the monies available in the funds established by this section.

H. Claims for system covered services that are determined valid by the director pursuant to section 36-2904, subsection G and the department's grievance and appeal procedure shall be paid from the funds established by this section.

I. For purposes of this section, system covered services exclude administrative charges for operating expenses.

J. All payments for claims from the funds established by this section shall be accounted for by the administration by the fiscal year in which the claims were incurred, regardless of the fiscal year in which the payments were made.

K. Notwithstanding any other law, county owned or contracted providers and special health care district owned or contracted providers are subject to all claims processing and payment requirements or limitations of this chapter that are applicable to noncounty providers.
A.R.S. § 36-897.13 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.13
36-897.13 Use of sunscreen in child care group homes
Status: in_force

36-897.13. Use of sunscreen in child care group homes

A school-age child who attends a child care group home in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.
A.R.S. § 36-695 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 695
36-695 Acceptance of congressional act relating to the supplemental security income to children with disabilities program
Status: in_force

36-695. Acceptance of congressional act relating to the supplemental security income to children with disabilities program

A. This state accepts the conditions of title XVI of the social security act, section 1615, enacted October 20, 1976 (P.L. 94-566; 90 Stat. 2683, 42 U.S.C. sec. 138 2d).

B. The department of health services is designated as the state agency to cooperate with the department of health and human resources for the administration of the supplemental security income to children with disabilities program, as authorized by section 1615 of title XVI of the social security act.
A.R.S. § 36-331 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 331
36-331 Duties of persons in charge of place of disposition
Status: in_force

36-331. Duties of persons in charge of place of disposition

A. Except as otherwise provided by law, a person in charge of a place of disposition shall not inter, cremate or allow other disposition of human remains without receiving a disposition-transit permit with the human remains.

B. A person in charge of a place of disposition shall maintain a record of a disposition pursuant to rules adopted pursuant to this chapter.

C. A person in charge of a place of disposition shall permit the state registrar to inspect the disposition records.
A.R.S. § 36-446.11 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.11
36-446.11 Relief from civil liability
Status: in_force

36-446.11. Relief from civil liability

Members, employees and agents of the board and members of review committees shall not be held civilly liable for acts done or actions taken by any of these persons if such persons act in good faith following the requirements of this article. A person who in good faith reports or provides information to the board shall not be held civilly liable as a result of doing so.
A.R.S. § 36-1478 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1478
36-1478 Eminent domain
Status: in_force

36-1478. Eminent domain

A. A municipality may acquire by condemnation any interest in real property, including a fee simple title to that real property, that it deems necessary for or in connection with a redevelopment project under this article, after the adoption by the local governing body of a resolution declaring that the acquisition of the real property described in that resolution is necessary for those purposes.

B. Before a municipality may initiate a condemnation action it must make a good faith effort to negotiate the purchase of the property.  If the municipality determines that it cannot acquire the property without the use of a condemnation action it must notify the property owner of the time, date and location of the public meeting concerning the municipality's proposed action. The municipality must provide this notice by certified mail to the property owner's address as stated on the most recent records of the county assessor.

C. The governing body of a municipality must authorize the condemnation of real property by a vote of at least two-thirds of its members.

D. A municipality may exercise the power of eminent domain in the manner provided in articles 2 or 3 of chapter 8, title 12, or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain.

E. Property already devoted to a public use may be acquired in like manner, but real property belonging to this state or any political subdivision of this state shall not be acquired without its consent.
A.R.S. § 36-2174 — Arizona Code / Title 36 / Chapter 21 / Article 1 / Section 2174
36-2174 Rural private primary care provider loan repayment program; private practice; rules
Status: in_force

36-2174. Rural private primary care provider loan repayment program; private practice; rules

A. Subject to the availability of monies, the department shall establish a rural private primary care provider loan repayment program for physicians, dentists, pharmacists, behavioral health providers and advance practice providers with current or prospective rural primary care practices located in federally designated health professional shortage areas or medically underserved areas in this state, as prescribed in section 36-2352. To be eligible to participate in the program, an applicant shall agree to provide organized, discounted, sliding fee scale services for medically uninsured individuals from families with annual incomes below two hundred percent of the federal poverty guidelines as established annually by the United States department of health and human services.  An applicant who works at an Indian health service or tribal facility is not required to provide a sliding fee scale to be eligible for the program. The department shall approve the sliding fee scale used by the provider. The provider shall ensure notice to consumers of the availability of these services. The department shall give preference to applicants who agree to serve in rural areas.

B. Except as provided in section 36-2172, subsection B, paragraph 2, the program established pursuant to this section and loan repayment contracts made pursuant to this section shall comply with the requirements of section 36-2172.

C. The department may apply for and receive private donations and grant monies to implement the rural private primary care provider loan repayment program established pursuant to this section.

D. The department shall adopt rules to cancel or suspend a loan repayment contract, impose a penalty for default or find a person in default of a contract.
A.R.S. § 36-668 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 668
36-668 Private right of action
Status: in_force

36-668. Private right of action

A protected person may bring an action in superior court for legal and equitable relief on his own behalf against a person who violates this article.
A.R.S. § 36-1488 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1488
36-1488 Use of municipal revenue powers to provide funds for project
Status: in_force

36-1488. Use of municipal revenue powers to provide funds for project

Every municipality may use its funds for the purposes of aiding in the planning, undertaking or carrying out of a redevelopment project in its area of operation. To obtain funds for this purpose, every municipality may, in addition to other powers set forth in this article, levy taxes, incur indebtedness and issue bonds in amounts the local governing body determines by resolution necessary for the purpose of raising funds for use in connection with a redevelopment project. Any bonds to be issued by the municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the laws of the state for the issuance and authorization of bonds for public purposes generally.
A.R.S. § 36-2204.02 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2204.02
36-2204.02 Emergency medical services providers; investigations
Status: in_force

36-2204.02. Emergency medical services providers; investigations

A. In lieu of the requirements of section 36-2211, the director may authorize an ambulance service or emergency medical services provider to investigate, discipline or determine the fitness of an employee to continue to provide patient care. This authority does not apply to the conviction of, a plea of guilty or no contest to or admission in a court proceeding to the elements of a felony.  The employer listed on the emergency medical care technician's or ambulance attendant's certification or recertification application may limit the practice of the emergency medical care technician or ambulance attendant during the investigation if the employer meets all of the following requirements:

1. Has separate investigative or supervisory staff to conduct an investigation.

2. Has an employee assistance program for counseling.

3. Has policies and procedures for drug testing through urinalysis or other generally accepted methods.

4. Has policies and procedures for monitoring of personnel who are suspected of or who have been convicted of substance abuse.

B. An ambulance service or emergency medical services provider that conducts its own disciplinary investigations pursuant to subsection A of this section shall report the following to the medical director of the emergency medical services and trauma system:

1. The nature of the allegation.

2. The level of patient care being delivered by the employee and the supervision of the employee during the investigation or rehabilitative period, or both.

3. The final outcome of the investigation and the final recommendation on the employee's certification status.

C. The decisions of the employer are appealable under the employer's personnel policies and procedures. Except as provided in section 41-1092.08, subsection H, the final administrative decisions of the director are subject to judicial review pursuant to title 12, chapter 7, article 6.
A.R.S. § 36-980 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 980
36-980 Local standards
Status: in_force

36-980. Local standards

Local governments shall not adopt standards governing persons, facilities or activities covered by this article which conflict with this article.
A.R.S. § 36-115 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 115
36-115 Promulgation of rules
Status: in_force

36-115. Promulgation of rules

A. Except as provided in subsection C of this section, title 41, chapter 6 applies to the actions of the director and the department and to all rules promulgated under this title.

B. In addition to the requirements of title 41, chapter 6, the director shall:

1. Cause a copy of the notice required by section 41-1022 and a copy of any proposed rules to be posted in each county and district liaison office of the department which may be established.

2. Cause a copy of the notice required by section 41-1022 and a copy of each proposed rule to be made available to any interested person requesting same.

C. The director shall file the notice required by section 41-1022 with the secretary of state at least sixty days prior to the adoption of any rule pursuant to this title which relates directly to health care institutions licensed pursuant to chapter 4, article 2 of this title.
A.R.S. § 36-3431 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3431
36-3431 Comprehensive behavioral health service system for children; administration duties
Status: in_force

36-3431. Comprehensive behavioral health service system for children; administration duties

A. The administration shall develop and implement a comprehensive behavioral health service system for children that includes the following:

1. Annual needs assessment and resource assessment studies.

2. Annual planning to develop policy issues, programs and services.

3. Community education to increase public awareness of the needs of children.

4. Centralized and coordinated screening and intake.

5. Coordinated case management.

6. A continuum of treatment services, which may include the following:

(a) Home-based services.

(b) Prevention and early intervention.

(c) Psychological evaluation and consultation.

(d) Ancillary support services.

(e) Crisis intervention.

(f) Outpatient counseling.

(g) Independent living services.

(h) Secure residential treatment services for seriously emotionally disturbed children.

(i) Residential treatment services for children's substance abuse.

(j) Psychiatric hospitalization services.

7. Evaluation that determines both cost effectiveness and client outcome.

B. Subject to legislative appropriation, the administration shall maintain the system identified in subsection A of this section.

C. For the purposes of developing needs assessments and resource assessments and for planning, the administration may consult and coordinate with any state agency established for that purpose.
A.R.S. § 36-2228 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2228
36-2228 Administration of opioid antagonists; training; immunity; designation by director; definition
Status: in_force

36-2228. Administration of opioid antagonists; training; immunity; designation by director; definition

A. Pursuant to a standing order issued by a physician licensed pursuant to title 32, chapter 13 or 17 or a nurse practitioner licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs, an emergency medical care technician, peace officer or ancillary law enforcement employee who is trained in the administration of naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration and designated by the director may administer naloxone hydrochloride or another opioid antagonist to a person who the emergency medical care technician, peace officer or ancillary law enforcement employee believes is suffering from an opioid-related drug overdose.

B. The department, in coordination with the Arizona peace officer standards and training board, shall develop a training module for emergency medical care technicians, peace officers and ancillary law enforcement employees that provides training regarding the identification of a person suffering from an opioid-related drug overdose and the use of naloxone hydrochloride or other opioid antagonists.

C. Physicians who are licensed pursuant to title 32, chapter 13 or 17 and who issue a standing order, nurse practitioners who are licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs and who issue a standing order and emergency medical care technicians, peace officers and ancillary law enforcement employees who administer naloxone hydrochloride or any other opioid antagonist pursuant to this section are immune from professional liability and criminal prosecution for any decision made, act or omission or injury that results from that act if those persons act with reasonable care and in good faith, except in cases of wanton or wilful neglect.  This section does not create a duty to act or standard of care for peace officers or ancillary law enforcement employees to administer an opioid antagonist.

D. The director shall designate opioid antagonists that may be used pursuant to this section based on an evaluation of the opioid antagonist's safety and efficacy.

E. For the purposes of this section, "ancillary law enforcement employee" means a detention officer, a probation or surveillance officer, a police aide or assistant, a crime scene specialist, a crime laboratory employee or any other type of law enforcement employee or employee of the state department of corrections who is authorized by the person's employing agency to administer naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration and designated by the director pursuant to this section.
A.R.S. § 36-1803 — Arizona Code / Title 36 / Chapter 16 / Article 1 / Section 1803
36-1803 Student nurse clinical rotation and licensed or certified nurse training pilot program; preceptor training; expansion; grants; definition
Status: in_force

36-1803. Student nurse clinical rotation and licensed or certified nurse training pilot program; preceptor training; expansion; grants; definition

(Rpld. 1/1/27)

A. The student nurse clinical rotation and licensed or certified nurse training program is established in the administration to expand the capacity of preceptor training programs at health care institutions for nursing students and licensed or certified nurses.

B. Except as provided in section 36-1804, the administration shall develop a grant program to distribute monies appropriated for the student nurse clinical rotation and licensed or certified nurse training program to health care institutions that are licensed pursuant to chapter 4 of this title only to expand or create clinical training placements for undergraduate nursing students and licensed or certified nurses to transition to practice and increase specialty nursing skills. Eligible preceptor training programs may include programs for nursing assistants, licensed practical nurses, registered nurses and advanced practice nurses, including nursing assistant programs offered by assisted living centers, assisted living facilities and nursing care institutions and approved by the Arizona state board of nursing.

C. The grant monies are intended to supplement and not supplant existing preceptor or training program expenses covered by the health care institution grantee. A health care institution applying for a grant for a licensed or certified nurse training program pursuant to this section shall include matching monies from a revenue source other than the state general fund.

D. The administration shall establish an application process for the grant program and may award grants for multiyear programs. Proposals must include outcome goals and measurements of the number of nurses planned to be trained and retention targets. The administration shall consider the following factors when determining grant awards:

1. The geographic and population distribution.

2. The number of nurses planned to be trained and retained.

3. The cost of the proposal for the number of nurses expected to participate and to be retained compared to other proposals.

E. The administration may use monies appropriated for the purposes of this section for program administration costs and, if deemed necessary by the administration, to contract with individuals or entities to administer all or any of the elements of the program.

F. The administration may use private donations, grants and federal monies to implement, support, promote or maintain the program or to supplant monies appropriated from the state general fund. The administration shall use all other funding sources for the grant program before using any state general fund monies.

G. The administration may terminate the funding of a grant if outcomes reported pursuant to section 36-1805 demonstrate that the grant proposal is not performing as planned.  Monies returned may be used for the other grant proposals.

H. For the purposes of this section, "licensed or certified nurse" means a nurse who is or becomes licensed or certified while participating in the training program and who is new to practice.
A.R.S. § 36-112 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 112
36-112 Umbilical cord blood; information pamphlet; distribution; health care institution responsibilities; definition
Status: in_force

36-112. Umbilical cord blood; information pamphlet; distribution; health care institution responsibilities; definition

A. On or before January 1, 2007, the department of health services shall prepare a pamphlet that includes information regarding the following:

1. The medical processes involved in the collection of umbilical cord blood.

2. The medical risks of umbilical cord blood collection to the mother and her newborn child.

3. The current and potential future medical uses, risks and benefits of umbilical cord blood collection to a mother, her newborn child and her biological family.

4. The current and potential future medical uses, risks and benefits of umbilical cord blood collection to persons who are not biologically related to a mother or her newborn child.

5. Any costs that may be incurred by a pregnant woman who chooses to make an umbilical cord blood donation.

6. Options for ownership and future use of the donated material.

7. The average cost of public and private umbilical cord blood banking.

B. The department shall update the pamphlet prepared pursuant to this section as necessary.

C. The department shall distribute the pamphlet free of charge to physicians and health care institutions on request and shall make the pamphlet available on its web site.

D. The department may accept gifts, grants and donations for the purposes of this section.

E. A health care institution licensed pursuant to chapter 4 of this title that treats a pregnant woman during the delivery of her child shall permit her to arrange for an umbilical cord blood donation if she has made this request unless, in the professional judgment of a health care provider, the donation would threaten the health of the mother or the newborn child.

F. This section does not impose an obligation on a health care provider to permit an umbilical cord blood collection if the collection conflicts with the provider's bona fide religious beliefs and the provider makes this fact known to the woman as soon as reasonably feasible.

G. A health care institution that acts in good faith pursuant to this section is not subject to civil or criminal liability or regulatory discipline for those acts.

H. For the purposes of this section, "umbilical cord blood" means the blood that remains in the umbilical cord and placenta after the birth of a newborn child.
A.R.S. § 36-914 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 914
36-914 Violation; classification; guaranty
Status: in_force

36-914. Violation; classification; guaranty

A. Any person who violates any of the provisions of section 36-902 is guilty of a class 2 misdemeanor. In the instance of a continuing violation, each day constitutes a separate offense.

B. No person shall be subject to the penalties of subsection A of this section for having violated paragraph 1 or 3 of section 36-902 if he establishes a guaranty or undertaking, designating this article, and signed by and containing the name and address of the person residing in the state of Arizona, from whom he received the article in good faith, to the effect that such article is not adulterated or misbranded within the meaning of this article.

C. No publisher, broadcast or telecast licensee or agency or medium for the dissemination of an advertisement shall be liable under this section by reason of the dissemination by him of such false advertisement, unless one or more of the following exists:

1. He knew or had reason to know that the advertisement was false.

2. He is also the manufacturer, packer, distributor or seller of the food to which the false advertisement relates.

3. He has refused a request of the director to furnish the director the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency who caused him to disseminate such advertisement.
A.R.S. § 36-173 — Arizona Code / Title 36 / Chapter 1 / Article 3 / Section 173
36-173 Advisory committee; membership
Status: in_force

36-173. Advisory committee; membership

A. The health care professionals workforce data repository advisory committee is established to advise the director regarding rules and policies relating to the operation of the health care professionals workforce data repository.  The advisory committee consists of at least fourteen members but not more than fifteen members who are appointed by the director and includes:

1. The director or the director's designee, who serves as the chairperson.

2. One person who represents each health profession regulatory board that collects and transfers data to the health care professionals workforce data repository.

3. At least two persons who represent universities in this state.

4. At least one person who represents a community college in this state.

5. At least one person who represents a hospital in a county in this state with a population of five hundred thousand persons or more.

6. At least one person who represents a hospital in a county in this state with a population of less than five hundred thousand persons.

7. One person who is a behavioral health services provider.

8. One person who is an outpatient services provider.

9. At least one person who represents a nonprofit organization that conducts research and education related to health care.

B. The advisory committee members shall serve three-year terms.  Members serve in a voluntary capacity but are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 36-126 — Arizona Code / Title 36 / Chapter 1 / Article 1.1 / Section 126
36-126 Violation; civil penalties
Status: in_force

36-126. Violation; civil penalties

A. A person who violates this article or a rule adopted under this article is subject to a civil penalty of not to exceed three hundred dollars for each violation. Each day that a violation continues constitutes a separate violation. The director shall issue a notice of the violation and the penalty pursuant to title 41, chapter 6, article 10. A person may appeal the penalty by filing a written request for a hearing within thirty days after receiving the notice. The department shall conduct this hearing pursuant to title 41, chapter 6, article 10. The director shall not enforce the penalty until the hearing is concluded.

B. The attorney general shall enforce penalties imposed under this section in the justice court or the superior court in the county in which the violation occurred.

C. Penalties imposed under this section are in addition to other penalties imposed under this chapter. Penalties collected pursuant to this section shall be deposited in the state general fund.
A.R.S. § 36-897.04 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.04
36-897.04 Exemptions
Status: in_force

36-897.04. Exemptions

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

1. The homes of their own parents.

2. A religious institution conducting a nursery in conjunction with its religious services.

3. A unit of the public school system.

4. A regularly organized private school engaged in an educational program which may be attended in substitution for public school pursuant to section 15-802.

5. Any facility that provides training only in specific subjects, including dancing, drama, music, self-defense or religion.

6. Any facility that provides only recreational or instructional activity to school age children who may come to and go from that facility at their own volition.

B. If regularly organized private schools exempt under subsection A, paragraph 4 of this section provide child care beyond public school hours or for children who are not regularly enrolled in kindergarten programs or grades one through twelve, that portion of the school providing this care shall be considered a child care group home and is subject to this article.
A.R.S. § 36-605 — Arizona Code / Title 36 / Chapter 6 / Article 1 / Section 605
36-605 Common towel or drinking cup provided in public place; classification
Status: in_force

36-605. Common towel or drinking cup provided in public place; classification

A person who knowingly provides or furnishes a common towel or a common drinking cup which may be used by more than one person in a barber shop, public wash house, public lavatory or any other public place, is guilty of a petty offense.
A.R.S. § 36-1934 — Arizona Code / Title 36 / Chapter 17 / Article 3 / Section 1934
36-1934 Denial, revocation or suspension of license; hearings; alternative sanctions
Status: in_force

36-1934. Denial, revocation or suspension of license; hearings; alternative sanctions

A. The director may deny, revoke or suspend a license issued under this chapter for any of the following reasons:

1. Being convicted of a felony or misdemeanor involving moral turpitude. The record of the conviction or a certified copy from the clerk of the court where the conviction occurred or from the judge of that court is sufficient evidence of conviction.

2. Securing a license under this chapter through fraud or deceit.

3. Committing unprofessional conduct or incompetence in the conduct of the licensee's practice.

4. Using a false name or alias in the licensee's professional practice.

5. Violating any of the provisions of this chapter.

6. Failing to comply with existing federal regulations regarding fitting and dispensing a hearing aid.

B. If the director determines pursuant to a hearing that grounds exist to revoke or suspend a license, the director may do so permanently or for a fixed period of time and may impose conditions as prescribed by rule.

C. The department may deny a license without holding a hearing. After receiving notification of the denial, the applicant may request a hearing to review the denial.

D. The department shall conduct any hearing to revoke or suspend a license or impose a civil penalty under section 36-1939 pursuant to title 41, chapter 6, article 10.

E. Instead of denying, revoking or suspending a license, the director may file a letter of concern, issue a decree of censure, prescribe a period of probation or restrict or limit the practice of a licensee.
A.R.S. § 36-596.56 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.56
36-596.56 Eligibility; program plans; burial arrangements
Status: in_force

36-596.56. Eligibility; program plans; burial arrangements

A. A person who is eligible for services pursuant to section 36-559 is also eligible to receive services under this article if that person is recommended to receive services under the individual program plan. A person shall also meet any applicable eligibility requirements or guidelines in order to receive family support services funded in whole or in part with federal monies.

B. The division shall review the plan to determine if the person is eligible for services and if monies are available. This review shall take place at the district level.

C. To be eligible for services, a family shall:

1. Express and demonstrate a willingness to keep the family member with a disability at home or in the community.

2. Agree to cooperate with the providers of services in developing, implementing and evaluating the family support services that are part of the individual program plan.

3. Demonstrate a need for services.

4. Undergo an evaluation by the division of the family's financial resources, including monies from other state and federal programs that are available to the family.

5. Comply with other factors the division determines are necessary for eligibility.

D. An annual individual program plan team shall determine what services shall be provided to an individual with a developmental disability or a family on behalf of a family member with a developmental disability and which shall be specified in the plan itself. The case manager shall coordinate the plan. The plan shall include the following:

1. A finding of the family's need for services and an indication of the family's strengths and resources that the plan may supplement or support to meet the family's needs.

2. Notice of the specific programs, subsidies and services for which the family is eligible.

3. A clear explanation of the way in which the programs, subsidies and services shall be provided.

4. A statement of the specific goals of the plan and the methods to be used to achieve these goals.

5. A timetable for achieving goals.

6. Notice of the annual determination of continued eligibility and of reportable events that will trigger an earlier eligibility determination.

E. To ensure continued eligibility, a family shall promptly report any changes in the family, the need for services, income and all other circumstances that relate to eligibility.

F. The individual program plan team shall annually review the eligibility of each family or individual in the family support program.  The plan shall be distributed to the team not more than twenty days after the annual review meeting. This review shall include:

1. An eligibility review of the needs of the family or the individual.

2. A report prepared by the family and the case manager on whether the needs and goals of the individual program plan are being met.

3. A report of the circumstances that might trigger an earlier review of eligibility.

4. A review of the family's financial resources.

G. A family may request a review described in subsection F of this section at any time.

H. The client's individual program plan shall include provisions relating to the client's burial arrangements, including a choice of cremation or burial and instructions regarding religious services, if any.  Monies set aside for this purpose are not excluded from the income eligibility requirements of section 36-2934 and title XIX of the social security act.  Monies set aside for this purpose shall be excluded or counted as a resource for eligibility purposes in accordance with section 1613 of the social security act.  The costs of burial under this subsection are not the financial responsibility of this state.
A.R.S. § 36-503 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 503
36-503 Medical director of evaluation agency or mental health treatment agency; deputy
Status: in_force

36-503. Medical director of evaluation agency or mental health treatment agency; deputy

The medical director of an evaluation agency or the medical director of a mental health treatment agency may deputize, in writing, subject to the approval of the governing body of the agency, any qualified psychiatrist or licensed physician on the staff of the agency to do or perform in his stead any act the medical director is empowered to do or charged with responsibility of doing pursuant to this chapter.
A.R.S. § 36-2902.02 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2902.02
36-2902.02 Arizona advisory council on Indian health care; duties; appropriation request
Status: in_force

36-2902.02. Arizona advisory council on Indian health care; duties; appropriation request

A. The Arizona advisory council on Indian health care shall:

1. Hire and employ a director who shall hire and employ staff, subject to legislative appropriation, for purposes relating to the functions of the council. The staff shall provide technical assistance to tribal governments on tribal health care initiatives. The director, on behalf of the council, shall annually notify the director of the Arizona health care cost containment system administration of the amount of appropriation required by the council for the following fiscal year.

2. Assist tribes and urban Indian health organizations to develop comprehensive medical and public health care delivery and financing systems to meet the needs of American Indian tribes in this state. In performing this duty, the council shall:

(a) Recommend new title XIX and XXI programs, services, funding options, policies and demonstration projects to meet the needs of American Indian tribes and urban Indian health organizations, both on and off reservations, in cooperation with this state and the federal government.

(b) Facilitate communications, planning, advocacy and discussion among tribes and urban Indian health organizations in this state and with this state and federal agencies regarding operations, financing, policy and legislation relating to Indian medical and public health care.

(c) Recommend and advocate tribal, state and federal policy and legislation that support the design and implementation of medical and public health care delivery and financing systems for tribes and urban Indian health organizations in this state.

(d) Conduct and commission studies and research to further the purpose of the council and to address identified Indian health care disparities in this state.

(e) Conduct periodic public hearings to gather input and recommendations from tribal populations on their health care issues and concerns.

(f) Apply for and seek grants, contracts and funding to further the purpose of the council.  The funding shall supplement and not diminish annual appropriations for the council.

(g) Notwithstanding section 36-2903.01, subsection B, in conjunction with the administration and a tribe that operates a temporary assistance for needy families program, request a federal waiver from the United States department of health and human services that allows tribal governments that perform eligibility determinations for temporary assistance for needy families programs to perform the medicaid eligibility determinations for persons who apply for services pursuant to section 36-2901, paragraph 6, subdivision (a). If the waiver is approved, the state shall provide the state matching monies for the administrative costs associated with the medicaid eligibility based on federal guidelines. As part of the waiver, the administration shall recoup from a tribal government all federal fiscal sanctions that result from inaccurate eligibility determinations.

(h) Perform other duties as requested by the legislature.

B. The director, on notification by the council, shall include the amount of the council's appropriation request in the agency's annual appropriations request.
A.R.S. § 36-123.04 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 123.04
36-123.04 988 suicide prevention special plate fund
Status: in_force

36-123.04. 988 suicide prevention special plate fund

A. The 988 suicide prevention special plate fund is established consisting of monies deposited pursuant to section 28-2470.27. The director shall administer the fund. The first $32,000 received shall be reimbursed to the person that pays the implementation fee to the department of transportation pursuant to section 28-2470.27. Not more than ten percent of the monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

B. On notice from the director, the state treasurer may invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

C. The director shall annually allocate monies from the fund to an entity in this state that:

1. Supports the continued operation of the national 988 suicide and crisis lifeline.

2. Answers calls in this state from the national 988 suicide and crisis lifeline.
A.R.S. § 36-3506 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3506
36-3506 Infant death investigation checklist
Status: in_force

36-3506. Infant death investigation checklist

A. A law enforcement officer who in the regular course of duty investigates an unexplained infant death shall complete an infant death investigation checklist developed by the department of health services.

B. The law enforcement officer shall complete the checklist before an autopsy is conducted.

C. The officer's law enforcement agency shall retain the original checklist and immediately forward a copy of the checklist to the county medical examiner and the department of health services.

D. The department shall periodically review and modify the checklist in consultation with the child fatality review team.

E. A law enforcement officer's failure to use the checklist is not a defense to or a basis for dismissal of a criminal prosecution.
A.R.S. § 36-1639 — Arizona Code / Title 36 / Chapter 13 / Article 2.2 / Section 1639
36-1639 Exemptions
Status: in_force

36-1639. Exemptions

This article does not apply to:

1. Manufactured homes as defined in section 41-4001 that were manufactured from and after June 15, 1976.

2. Factory-built buildings as defined by section 41-4001 that display a certificate from the Arizona department of housing.
A.R.S. § 36-1301 — Arizona Code / Title 36 / Chapter 11 / Article 1 / Section 1301
36-1301 Health care services; constitutional freedom of choice; public policy; definitions
Status: reserved

36-1301. Health care services; constitutional freedom of choice; public policy; definitions

A. The power to require or regulate a person's choice in the mode of securing lawful health care services, or to impose a penalty related to that choice, is not found in the Constitution of the United States of America, and is therefore a power reserved to the people pursuant to the tenth amendment. This state exercises its sovereign power to declare the public policy of this state regarding the right of all persons residing in this state in choosing the mode of securing lawful health care services.

B. It is the public policy of this state, consistent with all constitutionally enumerated rights, as well as those rights otherwise retained by the people, that every person in this state may choose or decline to choose any mode of securing lawful health care services without penalty or threat of penalty.

C. The public policy stated in this section does not apply to impair any right of contract related to the provision of lawful health care services to any person or group.

D. The public policy stated in this section does not prohibit or limit care provided pursuant to article XVIII, section 8, Constitution of Arizona, or any statutes enacted by the legislature relating to workers' compensation.

E. A public official or an employee or agent of this state or any political subdivision of this state shall not act to impose, collect, enforce or effectuate any penalty in this state that violates the public policy prescribed in this section.

F. For the purposes of this section:

1. "Lawful health care services" means any health related service or treatment that is permitted or not prohibited by law or regulation and that may be provided by persons or businesses otherwise permitted to offer that service.

2. "Mode of securing" means to purchase directly, on credit or by trade, to contract for third-party payment by insurance or other legal means authorized by this state or to apply for or accept employer or government sponsored health care benefits under any conditions that may legally be required as a condition of those benefits, or any combination of these modes of purchase.

3. "Penalty" means a civil or criminal penalty or fine, a tax, salary or wage withholding or surcharge, or any named fee with a similar effect that is established by law or rule by a government established, created or controlled agency and that is used to punish or discourage the exercise of rights protected pursuant to this section.
A.R.S. § 36-2907.02 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.02
36-2907.02 Benchmark benefit package
Status: in_force

36-2907.02. Benchmark benefit package

A. The administration shall establish a benchmark benefit package pursuant to section 6044 of the deficit reduction act of 2005 and section 1937 of the social security act.

B. Enrollment in the benchmark benefit package is mandatory for persons who are eligible pursuant to:

1. Section 36-2901.01 as covered under the section 1115 waiver and who are not covered under the state plan.

2. Section 36-2924.

C. Enrollment in the benchmark benefit package is optional for all other title XIX eligible persons.

D. This section shall be implemented subject to approval of the benchmark benefit package from the centers for medicare and medicaid services and on the condition that any changes to health benefits under this section would not jeopardize the state's ability to receive any enhanced federal matching rate.
A.R.S. § 36-261 — Arizona Code / Title 36 / Chapter 2 / Article 3 / Section 261
36-261 Children who have a chronic illness or physical disability; program
Status: in_force

36-261. Children who have a chronic illness or physical disability; program

Subject to the availability of monies, the department shall establish and administer a program for children who have a chronic illness or physical disability or who are suffering from a condition that leads to a chronic illness or physical disability. The program shall provide for:

1. The development, extension and improvement of services for locating these children.

2. The evaluation of needs.

3. The gathering of statistical information.

4. A statewide information and referral service for children who have a chronic illness or physical disability to link those children and their families with local service providers.
A.R.S. § 36-3908 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3908
36-3908 Food service permits
Status: in_force

36-3908. Food service permits

A children's camp shall obtain a food service permit pursuant to the requirements of title 36.
A.R.S. § 36-202 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 202
36-202 State hospital for the mentally disordered; official name; purpose; facilities and equipment
Status: in_force

36-202. State hospital for the mentally disordered; official name; purpose; facilities and equipment

A. A state hospital shall be maintained for the care and treatment of persons with mental disorders and persons with other personality disorders or emotional conditions who will benefit from care and treatment. Admissions to the state hospital shall be in accordance with law. The hospital shall be called the Arizona state hospital.

B. Subject to legislative appropriation, the state hospital may provide services to persons suffering from alcoholism and to persons suffering from drug abuse.

C. The state hospital shall have adequate facilities and equipment for enlightened and scientific treatment of nervous and mental diseases in accordance with approved methods of mental therapeutics. The facilities shall include, among other things:

1. Facilities for medical and psychiatric treatment with special attention to occupational therapy and other special therapies.

2. Facilities for proper segregation and care of child patients.

3. Facilities for recreation and physical training.

4. An institutional library for the use of patients.

5. A properly equipped dental department.

6. A properly equipped laboratory and x-ray department.

7. A patient tracking system approved by the director that monitors individual progress on an inpatient basis and ensures suitable aftercare placement.

D. The state hospital shall be under the charge and control of the director of the department of health services, pursuant to this article.
A.R.S. § 36-1651 — Arizona Code / Title 36 / Chapter 13 / Article 4 / Section 1651
36-1651 Abandoned refrigerators; classification
Status: in_force

36-1651. Abandoned refrigerators; classification

A person who abandons, discards, stores or keeps in any place accessible to children, or who, as the owner, lessee or manager, permits to remain on premises under his control, in any place accessible to children, a refrigerator, icebox, freezer cabinet or similar container, of a capacity of not less than one and one-half cubic feet, which is no longer used for refrigeration purposes, without the attached doors, hinges, lids or latches being removed, is guilty of a class 3 misdemeanor.
A.R.S. § 36-2903.08 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.08
36-2903.08 AHCCCS uncompensated care; hospital assessments; reports
Status: in_force

36-2903.08. AHCCCS uncompensated care; hospital assessments; reports

A. On or before October 1 each year, the Arizona health care cost containment system administration shall report to the speaker of the house of representatives, the president of the senate, the chairpersons of the appropriations committees of the house of representatives and the senate and the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting on the change in uncompensated hospital costs experienced by hospitals in this state and hospital profitability during the previous fiscal year.

B. On or before August 1 each year, the Arizona health care cost containment system administration shall report to the speaker of the house of representatives, the president of the senate, the chairpersons of the appropriations committees of the house of representatives and the senate and the directors of the joint legislative budget committee and the governor's office of strategic planning and budgeting the following:

1. The aggregate amount each hospital contributed for the hospital assessments authorized pursuant to sections 36-2901.08 and 36-2999.72 in the previous fiscal year.

2. The aggregate amount of estimated payments each hospital received from the coverage and directed payments funded by the assessment.
A.R.S. § 36-133 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 133
36-133 Chronic disease surveillance system; confidentiality; immunity; violation; classification
Status: in_force

36-133. Chronic disease surveillance system; confidentiality; immunity; violation; classification

A. A central statewide chronic disease surveillance system is established in the department. Diseases in the surveillance system shall include cancer, birth defects and other chronic diseases required by the director to be reported to the department.

B. The department, in establishing the surveillance system, shall:

1. Provide a chronic disease information system.

2. Provide a mechanism for patient follow-up.

3. Promote and assist hospital cancer registries.

4. Improve the quality of information gathered relating to the detection, diagnosis and treatment of patients with cancer, birth defects and other diseases included in the surveillance system.

5. Monitor the incidence patterns of diseases included in the surveillance system.

6. Pursuant to rules adopted by the director, establish procedures for reporting diseases included in the surveillance system.

7. Identify population subgroups at high risk for cancer, birth defects and other diseases included in the surveillance system.

8. Identify regions of this state that need intervention programs or epidemiological research, detection and prevention.

9. Establish a data management system to perform various studies, including epidemiological studies, and to provide biostatistic and epidemiologic information to the medical community relating to diseases in the surveillance system.

C. A person who provides a case report to the surveillance system or who uses case information from the system authorized pursuant to this section is not subject to civil liability with respect to providing the case report or accessing information in the system.

D. The department may authorize other persons and organizations to use surveillance data:

1. To study the sources and causes of cancer, birth defects and other chronic diseases.

2. To evaluate the cost, quality, efficacy and appropriateness of diagnostic, therapeutic, rehabilitative and preventive services and programs related to cancer, birth defects and other chronic diseases.

E. The department of health services and the Arizona early intervention program in the department of economic security may use surveillance data to notify the families of children with birth defects regarding services that are available to them and provide these families with information about organizations that provide services to these children and their families.

F. Information collected on individuals by the surveillance system that can identify an individual is confidential and may be used only pursuant to this section.  A person who discloses confidential information in violation of this section is guilty of a class 3 misdemeanor.
A.R.S. § 36-189 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 189
36-189 State participation in establishment and maintenance of local health departments and local health services
Status: in_force

36-189. State participation in establishment and maintenance of local health departments and local health services

A. The department of health services may use monies at its disposal and not otherwise appropriated to match monies provided by cities and counties to establish and maintain local health department services for any city or county, on such reasonable terms as it establishes by rule.  From the appropriation made for purposes of this section, the department of health services shall reimburse local health departments, which meet minimum standards of personnel and performance established by the director of the department of health services and, on submission and approval of a plan and budget by such local health departments, fifty percent of the portion of the total approved budget not in excess of one dollar twenty-five cents per capita or a prorated portion thereof if sufficient monies are not available to meet the approved requests.  If annual expenditures of the local health department are less than the amount budgeted, the total state reimbursement to such department for the year shall not exceed the appropriate percentage of the amount actually expended by such local health department.  The department of health services, in addition, may provide federal monies or services for demonstrations, studies and special projects, or for emergencies.

B. The Arizona health care cost containment system may use monies at its disposal, including federal monies available to the state for this purpose, and not otherwise appropriated to contract for the establishment and maintenance of local mental health facilities and services to be provided by either private or public agencies.  Monies available for this purpose shall be expended only for local mental health facilities and services. The Arizona health care cost containment system administration shall advance or reimburse monies to local agencies that have submitted and obtained approval of an annual plan and budget. The annual amount of state matching funds provided shall not exceed seventy-five percent of the total annual amount of monies and value of in-kind resources used by the agency to establish and maintain local mental health facilities and services.
A.R.S. § 36-217 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 217
36-217 State hospital; annual report
Status: in_force

36-217. State hospital; annual report

A. On or before January 1 of each year, the director shall submit to the governor, the speaker of the house of representatives and the president of the senate a financial and programmatic report on the state hospital for the preceding fiscal year. In addition to information that the department deems relevant, this report shall include all of the following information:

1. All revenues and expenditures of the state hospital, including specific identification of administrative costs for and the number of patients served at the state hospital.

2. A breakdown of the patients served at each facility at the state hospital, including information on the following:

(a) Gender.

(b) Race.

(c) Age.

(d) Legal status.

(e) County of origin.

(f) Program type.

(g) Census by unit.

(h) Primary diagnosis of each by category.

(i) Length of stay.

3. Admissions by civil commitment, including the number of admissions and discharges, the time between the request for each admission and the date of the admission or denial of the admission and aggregate data for reason of denial by category.

4. Data collected from the state hospital's safety plan, including all of the following:

(a) The number and type of all assaults by category, with sexual assaults reported as a separate category.

(b) The number of assaults reported to law enforcement, regulatory agencies and accreditation agencies.

(c) The number of times law enforcement was called to the state hospital in response to an assault.

5. An update on the establishment of a psychiatric center of excellence.

B. This section does not require the release of individually identifiable health information of any specific patient.
A.R.S. § 36-1907 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1907
36-1907 Practicing without a license; prohibition
Status: in_force

36-1907. Practicing without a license; prohibition

A. A person shall not engage in the practice of fitting and dispensing hearing aids, audiology or speech-language pathology or display a sign or in any other way advertise or claim to be a hearing aid dispenser, an audiologist or a speech-language pathologist unless the person holds an active license in good standing issued by the director as provided in this chapter.

B. A person shall not engage in performing the duties of a speech-language pathology assistant or claim to be a speech-language pathology assistant unless the person holds an active license in good standing issued by the director as provided by this chapter.

C. A licensee shall conspicuously post a license issued pursuant to this chapter in the licensee’s office or place of business.
A.R.S. § 36-765.02 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.02
36-765.02 Powers and duties of director; rules
Status: in_force

36-765.02. Powers and duties of director; rules

A. The director, by rule, shall:

1. Prescribe the scope of practice and the core competencies of certified community health workers, including skills and areas of knowledge that are essential to bring about expanded health and wellness in diverse communities and to reduce health disparities.

2. Describe and define reasonable and necessary minimum qualifications, including education and training requirements, for certified community health workers.

3. Establish standards and requirements for the establishment of certified community health worker education and training programs in this state.

4. Adopt standards and requirements for the approval or acceptance of continuing education courses and programs for the renewal of a certificate.

5. Establish minimum education, training, experience and other qualifications that a certified community health worker must possess to qualify as a trainer in any education, training or continuing education program for certified community health workers.

6. Establish the criteria for granting, denying, suspending and revoking a certificate in order to protect the health and safety of the public.

B. The director may adopt rules:

1. That are necessary for the proper administration and enforcement of this article.

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

C. The director shall waive the minimum training and education requirements for certification for applicants who provide documentation of at least nine hundred sixty hours of paid or volunteer experience providing community health worker services in the core competencies during the previous three years in a licensed health care facility or in the service of a licensed health care provider or a contractor under chapter 29, article 1 of this title.
A.R.S. § 36-2903.16 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.16
36-2903.16 Patients with a designation of serious mental illness; discharge; list of medications
Status: in_force

36-2903.16. Patients with a designation of serious mental illness; discharge; list of medications

A health care institution that provides inpatient behavioral health services to a patient with a designation of serious mental illness by the administration shall provide, on the patient's discharge, an accurate list of all necessary medications, including psychiatric medications and all other prescription medications and over-the-counter medications, that are to be taken regularly or to be taken as needed.  The discharging health care institution shall provide the list to the patient or the patient's representative and to a designated person from the residential care institution or health care institution that is to provide outpatient behavioral health services to the patient as identified by the discharging health care institution that provided inpatient behavioral health services to the patient.
A.R.S. § 36-445.02 — Arizona Code / Title 36 / Chapter 4 / Article 5 / Section 445.02
36-445.02 Immunity relating to review of medical practices
Status: in_force

36-445.02. Immunity relating to review of medical practices

A. Any individual who, in connection with duties or functions of a hospital or outpatient surgical center pursuant to section 36-445, makes a decision or recommendation as a member, agent or employee of the medical or administrative staff of a hospital or center or of one of its review committees or related organizations or who furnishes any records, information, or assistance to such medical staff or review committee or related organization is not subject to liability for civil damages or legal action in consequence thereof.

B. No hospital or outpatient surgical center and no individual involved in carrying out review or disciplinary duties or functions of a hospital or center pursuant to section 36-445 may be liable in damages to any person who is denied the privilege to practice in a hospital or center or whose privileges are suspended, limited or revoked. The only legal action which may be maintained by a licensed health care provider based on the performance or nonperformance of such duties and functions is an action for injunctive relief seeking to correct an erroneous decision or procedure. The review shall be limited to a review of the record. If the record shows that the denial, revocation, limitation or suspension of membership or privileges is supported by substantial evidence, no injunction shall issue. In such actions, the prevailing party shall be awarded taxable costs, but no other monetary relief shall be awarded.

C. Nothing in this section relieves any individual, hospital or outpatient surgical center from liability arising from treatment of a patient.
A.R.S. § 36-434.01 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 434.01
36-434.01 Outpatient surgical centers; hospitals; surgical smoke evacuation systems; definitions
Status: in_force

36-434.01. Outpatient surgical centers; hospitals; surgical smoke evacuation systems; definitions

A. Beginning July 1, 2024, each outpatient surgical center or hospital shall adopt and implement policies to prevent exposure to surgical smoke by using a smoke evacuation system for each procedure that generates surgical smoke.

B. The department shall ensure compliance with this section during any on-site inspection and in response to any complaint received relating to a violation of this section.

C. For the purposes of this section:

1. "Smoke evacuation system" means smoke evacuation equipment and technologies designed to capture, filter and remove surgical smoke at the site of origin and to prevent surgical smoke from making ocular contact or contact with an individual's respiratory tract.

2. "Surgical smoke":

(a) Means the surgical plume that is generated from the use of an energy-generating surgical device.

(b) Includes smoke plume, bio-aerosols, laser-generated airborne contaminants and lung-damaging dust.
A.R.S. § 36-2931 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2931
36-2931 Definitions
Status: in_force

36-2931. Definitions

In this article, unless the context otherwise requires:

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

2. "Capitation rate" means a mode of payment which the program contractor receives for the delivery of services to members pursuant to this article and which is based on a fixed rate per person notwithstanding the amount of services provided to a member.

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

4. "Director" means the director of the Arizona health care cost containment system administration.

5. "Eligible person" means a person who:

(a) Is a resident of this state and a United States citizen or a person who meets the requirements for qualified alien status as determined pursuant to section 36-2903.03, who entered the United States on or before August 21, 1996 or who entered the United States on or after August 22, 1996 and who is a member of an exception group under Public Law 104-193, section 412.

(b) Meets the eligibility criteria pursuant to section 36-2934.

(c) Needs institutional services as determined pursuant to section 36-2936.

(d) Is defined as eligible pursuant to section 1902(a)(10)(A)(ii)(XV) and (XVI) of title XIX of the social security act and who meets the income requirements of section 36-2950.

6. "Home and community based services" means services described in section 36-2939, subsection B, paragraph 2 and subsection C.

7. "Institutional services" means services described in section 36-2939, subsection A, paragraph 1 and subsection B, paragraph 1.

8. "Member" means an eligible person who is enrolled in the system.

9. "Noncontracting provider" means a person who provides services as prescribed by section 36-2939 and who does not have a subcontract with a program contractor.

10. "Program contractor" means the department or any other entity that contracts with the administration pursuant to section 36-2940 or 36-2944 to provide services to members pursuant to this article.

11. "Provider" means a person who subcontracts with a program contractor for the delivery of services to members pursuant to this article.

12. "Special health care district" means a special health care district organized pursuant to title 48, chapter 31.

13. "State plan" means a written agreement between the centers for medicare and medicaid services and the Arizona health care cost containment system administration that describes eligibility, covered services and the requirements for participation in the medicaid program except those requirements that are waived pursuant to the research and demonstration waiver pursuant to section 1115 of the social security act.

14. "System" means the Arizona long-term care system.

15. "Uniform accounting system" means a standard method of collecting, recording and safeguarding Arizona long-term care system data.
A.R.S. § 36-527 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 527
36-527 Discharge and release; relief from civil liability
Status: in_force

36-527. Discharge and release; relief from civil liability

A. A person taken into custody for emergency admission may not be detained longer than twenty-four hours excluding weekends and holidays following such detention unless a petition for court-ordered evaluation is filed.

B. A person admitted for emergency evaluation may be released at any time if, in the opinion of the medical director in charge of the evaluation agency, release is appropriate. The medical director shall not be held civilly liable for any acts committed by a released patient if the medical director has in good faith followed the requirements of this article. The patient may continue care and treatment in the agency if he signs a voluntary application.

C. If a person admitted for emergency evaluation is released, the application for emergency admission shall be retained together with a written statement by the medical director of the evaluation agency stating why the release was appropriate.
A.R.S. § 36-1313 — Arizona Code / Title 36 / Chapter 11.1 / Article 1 / Section 1313
36-1313 Action against physician license or health care institution license; prohibition
Status: in_force

36-1313. Action against physician license or health care institution license; prohibition

(Caution:  1998 Prop. 105 applies)

A. Notwithstanding any other law, a state regulatory board may not revoke, fail to renew or take any other action against a physician's license issued pursuant to title 32, chapter 13 or 17 based solely on a physician's recommendation to an eligible patient regarding or prescription for or treatment with an investigational drug, biological product or device.

B. Notwithstanding any other law, a state agency may not take any action against a health care institution's license based solely on the institution's participation in the treatment or use of an investigational drug, biological product or device under this chapter.
A.R.S. § 36-3291 — Arizona Code / Title 36 / Chapter 32 / Article 7 / Section 3291
36-3291 Health care directives registry; exemption
Status: in_force

36-3291. Health care directives registry; exemption

A. The department of health services shall designate a qualifying health information exchange organization to operate a health care directives registry.

B. Subject to the availability of monies, the qualifying health information exchange organization shall establish and maintain a health care directives registry.

C. Chapter 38 of this title does not apply to the health care directives registry or the qualifying health information exchange organization's operation of the registry.
A.R.S. § 36-2905.03 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905.03
36-2905.03 Behavioral health inpatient facilities; lack of contract; reimbursement
Status: in_force

36-2905.03. Behavioral health inpatient facilities; lack of contract; reimbursement

If a behavioral health inpatient facility, as defined in rule by the director of the department of health services, and a contractor or regional behavioral health authority do not enter into a contract, the reimbursement level for behavioral health services provided on dates of admission on or after July 1, 2018 for that behavioral health inpatient facility is the capped fee-for-service schedule adopted by the administration, multiplied by ninety percent.
A.R.S. § 36-204 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 204
36-204 Duties of director
Status: in_force

36-204. Duties of director

The director shall:

1. Adopt rules for inpatient services that ensure proper review of treatment and discharge plans, arrangement for aftercare placements, transfer of medical records and assistance with medications.

2. If deemed advisable, establish a nurses' training school in connection with the state hospital, which shall be under the supervision of the superintendent.

3. Prescribe forms of complaints, certificates of mental illness and commitments.

4. Adopt rules for the commitment of mentally ill persons that are not inconsistent with provisions of law.

5. Adopt rules for the administration of the state hospital and to carry out the purposes of this article.
A.R.S. § 36-2952 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2952
36-2952 County or special health care district long-term care system fund; uniform accounting
Status: in_force

36-2952. County or special health care district long-term care system fund; uniform accounting

A. Each county or special health care district that is a program contractor pursuant to section 36-2940 shall establish and maintain a county or special health care district long-term care system fund as a separate fund to distinguish its revenues and its expenditures pursuant to this article from other programs funded or administered by the county or special health care district.  The fund shall be used to pay administrative and program costs associated with the operation of the system or all or any part of the county's share of the total nonfederal part of the actual costs of the Arizona long-term care system. Amounts paid for all or any part of the counties' share of the total nonfederal part of the actual costs of the Arizona long-term care system pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, with the state treasurer.

B. The county or special health care district long-term care system fund shall be comprised of:

1. Monies paid by the administration pursuant to the contract.

2. Amounts paid by third party payors.

3. Gifts, donations and grants from any source.

4. Interest on monies deposited in the long-term care system fund.

C. A county or special health care district shall not transfer any monies deposited in the county or special health care district long-term care system fund except as permitted by this subsection. If there are any unexpended monies remaining in the fund at the end of any fiscal year, the county or special health care district shall carry over such monies to the next fiscal year to be used only to provide services pursuant to this article or to pay all or any part of the county's share of the total nonfederal part of the actual costs of the Arizona long-term care system.

D. Each county or special health care district program contractor shall submit a long-term care budget as prescribed by the administration.

E. The administration shall prescribe a uniform accounting system for the county and special health care district long-term care system funds. Technical assistance shall be provided by the administration to the county or to the special health care district in order to facilitate the implementation of the uniform accounting system.

F. Each county program contractor shall submit an annual audited financial and programmatic report for the preceding fiscal year as required by the administration. The report shall include beginning and ending fund balances, revenue and expenditures including specific identification of county administrative costs for the system. The report shall include the number of members served by the system and the cost incurred for various types of services provided to members in a format prescribed by the director.

G. Each county or special health care district program contractor shall submit additional utilization and financial reports as required by the director.

H. The director shall make at least an annual review of each county's or special health care district's records and accounts.
A.R.S. § 36-508 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 508
36-508 Disposition of patient's personal property
Status: in_force

36-508. Disposition of patient's personal property

A. When a patient is admitted on an inpatient basis to a mental health treatment agency pursuant to section 36-540, the articles of personal property which cannot be used by the patient at the institution shall be placed under the control and management of the patient's guardian or conservator and, if none, of the patient's spouse or next of kin.

B. In the event the patient is without a guardian, conservator, spouse or next of kin, or the spouse or next of kin refuses to take possession of the patient's personal property that cannot be used by the patient at the mental health treatment agency, the mental health treatment agency shall provide reasonable facilities for the storage of the patient's personal property.

C. Upon application by any interested person, the court shall enter an appropriate order for the protection of the proposed patient's property where no other alternatives exist to prevent the immediate loss or destruction of that property.
A.R.S. § 36-887 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 887
36-887 Procedure for inspection of records
Status: in_force

36-887. Procedure for inspection of records

A. Records maintained by the department for child care facilities are available to the public for review and copying.

B. Personally identifiable information that relates to a child, parent or guardian is confidential.  The department shall disclose this information only as follows:

1. Pursuant to a court order.

2. Pursuant to a written consent signed by the parent or guardian.

3. To a law enforcement officer who requires it for official purposes.

4. To an official of a governmental agency who requires it for official purposes.

C. The department shall enter into the child care facility's case file, contiguous to the form containing the reported violation, those documents that verify correction of reported violations.
A.R.S. § 36-407.02 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 407.02
36-407.02 Health care institutions; clergy visitation; health and safety precautions; immunity; civil action; definitions
Status: in_force

36-407.02. Health care institutions; clergy visitation; health and safety precautions; immunity; civil action; definitions

A. If a health care institution's visitation policy allows in-person visitation of any kind, the health care institution must allow a clergy member to visit a resident who requests an in-person visit or consents to be visited in person for religious purposes by the clergy member, including during a declared state of emergency. If a resident is unable, due to dementia or a similar cognitive impairment, to request an in-person visit or to consent to be visited in person by a clergy member for religious purposes, the request or consent must be made or given by the resident's legal representative.

B. Notwithstanding any other provision in this chapter, when a resident's death is imminent, a health care institution must allow a clergy member to visit the resident in person for religious purposes if either of the following applies:

1. The resident requests or consents to be visited by the clergy member.

2. The resident's legal representative requests that the resident be visited by the clergy member.

C. A health care institution may require clergy to comply with reasonable health and safety precautions, including undergoing health screenings and wearing personal protective equipment, that are imposed by the health care institution in connection with in-person visitation for preventing the spread of communicable diseases. If such a requirement would substantially burden the clergy member's free exercise of religion while carrying out the religious purpose for which the clergy member is visiting while with the resident in the resident's room or visiting area designated by the health care institution, the health care institution may require compliance with such precautions only if compliance in that instance furthers a compelling interest and the health care institution imposes the least restrictive burden on the clergy member's exercise of religion. Notwithstanding any other provision of this chapter, a health care institution may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease.

D. A health care institution and its employees and contractors are not liable to a person visiting a resident or to a resident of the health care institution for civil damages for injury or death due to actual or alleged exposure to a communicable disease resulting from or related to a visitation in compliance with this section unless it is proven by clear and convincing evidence that the health care institution failed to substantially comply with the health care institution's applicable health and safety precautions.  The immunity prescribed in this subsection does not apply to any act or omission unless there is clear and convincing evidence that the act or omission constitutes gross negligence or wilful or wanton misconduct.

E. A person or religious organization may bring a civil action against a health care institution alleging a violation of this section.  Any person that successfully asserts a claim or defense under this section may recover declaratory relief, injunctive relief, reasonable attorney fees and costs and any other appropriate relief.

F. For the purposes of this section:

1. "Health care institution" has the same meaning prescribed in section 36-420.

2. "Resident" means a person living at or receiving inpatient services from a health care institution.
A.R.S. § 36-550.09 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.09
36-550.09 Secure behavioral health residential facility; court determination; findings
Status: in_force

36-550.09. Secure behavioral health residential facility; court determination; findings

A. If a court finds that a patient meets the criteria for court-ordered treatment pursuant to section 36-540, subsection A, the court may approve the patient's placement in a secure behavioral health residential facility that is licensed by the department pursuant to section 36-425.06 and that is willing to accept the patient if the patient has been determined to be seriously mentally ill and the court finds that the patient is chronically resistant to treatment as set forth in this section. Placement in a secure behavioral health residential facility for treatment is not a period of inpatient treatment for the purposes of section 36-540, subsection F.

B. A court may determine that a person is chronically resistant to treatment if the court finds that, within twenty-four months before the issuance of a court order pursuant to this section, excluding any time during this period that the person was hospitalized or incarcerated, the person demonstrated a persistent or recurrent unwillingness or inability to participate in or adhere to treatment for a mental disorder despite having treatment offered, prescribed, recommended or ordered to improve the person's condition or to prevent a relapse or harmful deterioration of the person's condition. The court's finding shall be based on evidence that establishes all of the following by clear and convincing evidence:

1. The person received treatment in the preceding twenty-four months in other less-restrictive settings, including unsecured residential treatment settings with on-site twenty-four-hour supportive treatment and supervision by staff with behavioral health training, and the treatment was unsuccessful or is not likely to be successful due to the person's expressed or demonstrated unwillingness to cooperate with treatment in other less-restrictive or unsecured residential treatment settings.

2. The person's nonadherence to or nonparticipation in treatment over the preceding twenty-four months resulted in one or more of the following:

(a) Serious harm to self.

(b) Serious harm or threats of serious harm to others.

(c) Recurrent periods of homelessness resulting from the mental disorder.

(d) Recurrent serious medical problems due to poor self-care or failure to follow medical treatment recommendations.

(e) Recurrent arrests due to behavior resulting from the mental disorder.

3. Any other evidence relevant to the person's willingness or ability to participate in and adhere to treatment or the person's need for treatment in a licensed secure residential setting to ensure the person's compliance with court-ordered treatment.

C. A person's placement in a licensed secure behavioral health residential facility for treatment shall be part of the written treatment plan presented to and approved by the court as required by section 36-540, subsection C, paragraph 2. The court shall confirm in the order that the person's placement in a licensed secure behavioral health residential facility is the least restrictive environment to ensure the person's compliance with the treatment plan.
A.R.S. § 36-1623 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1623
36-1623 Ventilation by vent or flue
Status: in_force

36-1623. Ventilation by vent or flue

A. Gas appliances designed for space heating or water heating installed or placed in tourist courts, camps, hotels and lodging houses after June 26, 1952 shall be connected to an effective vent or flue leading to the outside air not less in size than the vent collar on the appliance.

B. A vent or flue for any appliance except one having a forced draft or sealed combustion chamber shall extend one foot above the highest portion of the building if the vent or flue is located within fifteen feet horizontally from the highest point. A vent or flue extending above the roof line shall terminate in a cap with a vent capacity not less than that of the vent or flue. An appliance with a forced draft or sealed combustion chamber shall be vented in accordance with the manufacturer's instructions.

C. Every vent, flue or chimney shall be a terra cotta patent chimney, or constructed of brick, fire clay or similar masonry product not less than one-half inch thick, or of approved pipe having a wall thickness which will give an insulating value equal to a terra cotta patent chimney or a masonry product and which will not disintegrate from the effects of gas fumes and other products of combustion.
A.R.S. § 36-2958 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2958
36-2958 Absence of federal financial participation; effect on system operation
Status: in_force

36-2958. Absence of federal financial participation; effect on system operation

If at any time federal monies as described in section 36-2932, subsection I, paragraph 2 are denied, not renewed or become unavailable for any reason the provisions of this article relating to the operation of the system are suspended and the director shall notify each program contractor of that fact. Neither the administration nor a program contractor shall provide services otherwise authorized by this article or be liable for the cost of services provided if federal monies are unavailable.
A.R.S. § 36-2025 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2025
36-2025 Treatment and services for intoxicated persons and persons incapacitated by alcohol
Status: in_force

36-2025. Treatment and services for intoxicated persons and persons incapacitated by alcohol

A. An intoxicated person may come voluntarily to an approved local alcoholism reception center for emergency alcoholism treatment.

B. A person who voluntarily comes or is brought to a local alcoholism reception center and is in need of immediate medical treatment shall be referred to an approved treatment facility and shall be examined by a licensed physician as soon as possible and may be admitted as a patient or referred to another approved treatment facility or program.

C. A person who is not admitted to an approved local alcoholism reception center and who is not referred to an approved treatment facility or program and who has no funds may be taken to his home by personnel at the local alcoholism reception center. If he has no home, the approved local alcoholism reception center personnel shall assist him in obtaining shelter.

D. If the patient is admitted to an approved local alcoholism reception center for initial evaluation and processing, his family or next of kin shall be notified as promptly as possible. If an adult patient who is not incapacitated by alcohol requests that there be no notification, his request shall be respected.

E. If the administrator in charge of the approved local alcoholism reception center determines that it is for the patient's benefit, the patient shall be encouraged to agree to assignment for further evaluation or to agree to assignment into a treatment program.
A.R.S. § 36-685 — Arizona Code / Title 36 / Chapter 6 / Article 4.3 / Section 685
36-685 Vaccinations; prohibition; exception; definition
Status: in_force

36-685. Vaccinations; prohibition; exception; definition

A. Any government entity may not require a resident of this state to receive a vaccination for COVID-19 or any variant of COVID-19.

B. Subsection A of this section does not apply to a health care institution that is owned or operated by a government entity in this state.

C. For the purposes of this section, "government entity" means this state and any political subdivision of this state that receives and uses tax revenues.
A.R.S. § 36-2973 — Arizona Code / Title 36 / Chapter 29 / Article 3 / Section 2973
36-2973 Qualified medicare beneficiary only; eligibility determination; application; enrollment
Status: in_force

36-2973. Qualified medicare beneficiary only; eligibility determination; application; enrollment

A. The administration shall determine the eligibility of all applicants who may be eligible as qualified medicare beneficiaries only.  The administration shall ensure that the calculation of income eligibility requirements is in accordance with federal law and the section 1115 waiver.  On determination of qualified medicare beneficiary only eligibility, the administration shall enroll the member in the system.

B. The administration may enroll the member who has been determined eligible as a qualified medicare beneficiary only in a fee-for-service arrangement.  The director may enter into a contract with a medicare risk contractor that, in accordance with section 1876 of the social security act, has a contract with the health care financing administration and may pay premiums for enrollment of that member.
A.R.S. § 36-2901.05 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.05
36-2901.05 Breast and cervical cancer treatment; additional definition of eligibility
Status: in_force

36-2901.05. Breast and cervical cancer treatment; additional definition of eligibility

A. For the purposes of this article, beginning January 1, 2002, "eligible person" includes a person who meets all of the following requirements:

1. Has been screened for breast and cervical cancer by a provider or entity that is recognized by the well woman healthcheck program administered by the department of health services as part of its program under title XV of the public health service act and that operates consistently with well woman healthcheck program guidelines.

2. Needs treatment for breast or cervical cancer.

3. Has an income level that is at or below two hundred fifty per cent of the federal poverty guidelines.

4. Is under sixty-five years of age.

5. Is not otherwise covered under creditable coverage as defined in section 2701(c) of the public health services act (42 United States Code section 300gg(c)).

B. The administration shall limit the assistance it provides pursuant to this section to medically necessary services provided during the period that the person requires treatment for breast or cervical cancer as determined by the administration.

C. The administration shall use a simplified eligibility form that the applicant may mail to the administration.  Once the administration receives a completed application, the administration shall expedite the eligibility determination and enrollment on a prospective basis.
A.R.S. § 36-152 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 152
36-152 Authority to provide services; fees
Status: in_force

36-152. Authority to provide services; fees

The department may provide home health services to persons living in areas of the state in which adequate home nursing care is not otherwise available. For such services the department shall charge fees to be paid by persons to whom the department renders such services, or to be paid by any governmental agency purchasing such services for persons, except when such services are provided for demonstration and public health program activities.
A.R.S. § 36-4203 — Arizona Code / Title 36 / Chapter 42 / Article 1 / Section 4203
36-4203 Staff education and training
Status: in_force

36-4203. Staff education and training

The department shall establish by rule annual continuing education and training requirements for employees, volunteers and contractors who work in a transitional housing facility.
A.R.S. § 36-863 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 863
36-863 Relation to electronic signatures in global and national commerce act
Status: in_force

36-863. Relation to electronic signatures in global and national commerce act

This act modifies, limits and supersedes the electronic signatures in global and national commerce act, but does not modify, limit or supersede section 101(a) of that act (15 United States Code section 7001) or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 United States Code section 7003(b)).
A.R.S. § 36-2805 — Arizona Code / Title 36 / Chapter 28.1 / Section 2805
36-2805 Facility restrictions
Status: in_force

36-2805. Facility restrictions

(Caution:  1998 Prop. 105 applies)

A. Any nursing care institution, hospice, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home licensed under title 36, chapter 4, may adopt reasonable restrictions on the use of marijuana by their residents or persons receiving inpatient services, including:

1. That the facility will not store or maintain the patient's supply of marijuana.

2. That the facility, caregivers or hospice agencies serving the facility's residents are not responsible for providing the marijuana for qualifying patients.

3. That marijuana be consumed by a method other than smoking.

4. That marijuana be consumed only in a place specified by the facility.

B. Nothing in this section requires a facility listed in subsection A to adopt restrictions on the medical use of marijuana.

C. A facility listed in subsection A may not unreasonably limit a registered qualifying patient's access to or use of marijuana authorized under this chapter unless failing to do so would cause facility to lose a monetary or licensing-related benefit under federal law or regulations.
A.R.S. § 36-2215 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2215
36-2215 Required insurance or financial responsibility; denial or revocation for failure to comply
Status: in_force

36-2215. Required insurance or financial responsibility; denial or revocation for failure to comply

A. The director shall not issue an air ambulance service license to an ambulance service unless the applicant for the license or the licensee files with the department a certificate of insurance completed by an insurance company that is authorized to transact business in this state or other evidence of financial responsibility in an amount that the director by rule determines is necessary to adequately protect the interest of the public. The applicant for a license or the licensee shall have malpractice and liability insurance that requires the insurer to compensate for injuries to persons and for loss or damage to property resulting from the negligent operation of the air ambulance service.

B. The director shall deny the application for a license or revoke the license of any air ambulance service that fails to comply with this section.
A.R.S. § 36-1702 — Arizona Code / Title 36 / Chapter 14 / Article 1 / Section 1702
36-1702 Informed consent for egg donation; requirements; unprofessional conduct
Status: in_force

36-1702. Informed consent for egg donation; requirements; unprofessional conduct

A. For the purposes of the duty of care owed by a physician, an egg donor is a patient of the physician who retrieves the eggs from the egg donor.

B. A physician shall not retrieve eggs except in a hospital, clinic or other medical facility that meets the licensing standards for the facility prescribed by this title.

C. Before performing any medical procedure or prescribing any hormones or other drugs for an egg donor, a physician must comply with all requirements prescribed by the federal food and drug administration and provide the egg donor with the following information:

1. A description of all hormones and other drugs to be taken by the egg donor, including the dosage, frequency of administration, intended biochemical function and likely physiological response to each medication.

2. A description of all procedures to be performed on the egg donor, including the purpose, duration and estimated recovery time for each procedure.

3. Medically accurate disclosures concerning all potential risks of egg donation that a reasonable patient would consider material to the decision of whether to undergo the procedure, including the medical risks associated with the surgical procedure and the drugs, medications and hormones prescribed for ovarian stimulation during the process.

4. A description of the effects that the surgical procedure and the drugs, medications and hormones may have on future attempts of the egg donor to become pregnant.

5. Notice that the egg donor cannot be completely informed of all potential risks or effects because all potential risks or effects and the magnitude of those risks or effects may not be known.

D. The physician or the physician's agent or designee must provide the information required by subsection C of this section before the physician or the physician's agent or designee performs any screening or testing of a potential egg donor.  The physician must obtain written and oral informed consent for the procedure from the egg donor before performing any medical procedure that is not part of the screening process or prescribing any hormones or other drugs for the egg donor.

E. This section does not require a physician to provide additional information or obtain additional informed consent if the physician's current practices relating to informed consent already meet the standards prescribed by subsections C and D of this section.

F. A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.
A.R.S. § 36-3203 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3203
36-3203 Surrogate; authority; responsibilities; immunity
Status: in_force

36-3203. Surrogate; authority; responsibilities; immunity

A. A person authorized as a surrogate to make health care decisions under this chapter is not responsible for paying the patient's health care costs unless the person is otherwise required to do so.

B. This chapter does not authorize a surrogate to consent to any act or omission to which the patient could not lawfully consent.

C. The surrogate shall make health care decisions for the patient in accordance with the patient's wishes as expressed in the health care directive. If the health care directive does not provide sufficient information to know what the patient would want in a particular circumstance, the surrogate shall base these decisions on the surrogate's knowledge of the patient's values if those are known or can be determined to the surrogate's satisfaction.  If neither the health care directive nor the surrogate's knowledge of the patient's values provides a sufficient basis for making a health care decision, the surrogate shall decide based on the surrogate's good faith belief as to what is in the patient's best interest.

D. A surrogate who makes good faith health care decisions for a patient is not subject to civil or criminal liability for those decisions. Acts and refusals to act made in reliance on the provisions of a health care directive are presumed to be made in good faith. A court shall base a finding of an absence of good faith on information known to the surrogate and shall enter its finding only after it has made a determination of bad faith in written findings of fact based on clear and convincing evidence of improper motive. For the purposes of this subsection, "good faith" includes all health care decisions, acts and refusals to act based on a surrogate's reasonable belief of a patient's desires or a patient's best interest if these decisions, acts or refusals to act are not contrary to the patient's express written directions in a valid health care directive.

E. A surrogate who is not the patient's agent or guardian shall not consent to or approve the permanent withdrawal of the artificial administration of food or fluid.
A.R.S. § 36-714 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 714
36-714 Tuberculosis control officer
Status: in_force

36-714. Tuberculosis control officer

A. The tuberculosis control officer shall be appointed by the director. The control officer shall be a licensed physician experienced in the field of tuberculosis and tuberculosis control and, subject to the supervision of the director, shall administer and direct the activities of tuberculosis control in this state. The control officer is responsible for the detection, supervision, isolation, quarantine, investigation of contacts and all other matters pertaining to the investigation, control and treatment of tuberculosis as provided by this article. With the cooperation of local medical societies and local health departments and boards, the officer may conduct or supervise clinics for the diagnosis, treatment and control of tuberculosis in convenient places throughout the state. The control officer shall maintain or cause to be maintained a register of the tuberculosis health status of known afflicted persons and of their contacts, based on current reports obtained from physicians, institutions, clinics, health departments and other authorized personnel.

B. The tuberculosis control officer may:

1. Examine any or all records, reports and other data pertaining to the condition of afflicted persons. This information is confidential and privileged and shall not be divulged so as to disclose the identity of the person to whom it relates. The control officer or local health officer may disclose records, reports and other data the officer possesses to health care facilities, health care providers, county and state agencies and courts as necessary to enforce this article and related rules concerning the control, examination, treatment, monitoring, isolation, and quarantine of afflicted persons.

2. Inspect the facilities, equipment, operations and administration of institutions that provide care or treatment for afflicted persons.

3. With the approval of the director, contract with any federal agency, foreign government, Indian tribal government, any agency of this state or other state or of any political subdivision of this state or another state or any private entity to assist in the support of its tuberculosis control program with monies available to the department for that purpose. This program may include preventive, therapeutic and rehabilitative services and shall be used to encourage the fullest development and maintenance of an integrated statewide tuberculosis control program.

C. The tuberculosis control officer shall cooperate with any federal agency, foreign government, Indian tribal governments, or agency of this state or any political subdivisions of this state or other state or any private entity to qualify for and obtain their support in carrying out this article and to aid them in carrying out their respective responsibilities that relate to afflicted persons.
A.R.S. § 36-899.03 — Arizona Code / Title 36 / Chapter 7.2 / Article 1 / Section 899.03
36-899.03 Rules and regulations
Status: in_force

36-899.03. Rules and regulations

The director shall develop rules and regulations governing standards, procedures, techniques and criteria for conducting and administering hearing evaluation services.
A.R.S. § 36-2214 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2214
36-2214 Air ambulance service license
Status: in_force

36-2214. Air ambulance service license

A. A person shall not operate an air ambulance service in this state unless the air ambulance service is licensed and complies with this article and the rules adopted pursuant to this article.

B. On receipt of a properly completed application for initial licensure or relicensure on a form prescribed by the director, the director shall conduct an inspection of the air ambulance service as prescribed by this article. If an application for a license is submitted due to a planned change of ownership, the director shall determine the need for an inspection of the air ambulance service.

C. The director shall issue a license if the director determines that an applicant and the air ambulance service for which the license is sought comply with the requirements of this article and rules adopted pursuant to this article and the applicant agrees to carry out a plan acceptable to the director to eliminate any deficiencies.
A.R.S. § 36-846 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 846
36-846 Refusal to make anatomical gift; effect of refusal
Status: in_force

36-846. Refusal to make anatomical gift; effect of refusal

A. An individual may refuse to make an anatomical gift of the individual's body or part by:

1. A record signed by either:

(a) The individual.

(b) Subject to the requirements of subsection B of this section, another individual acting at the direction of the individual if the individual is physically unable to sign.

2. The individual's will, whether or not the will is admitted to probate or invalidated after the individual's death.

3. Any form of communication made by the individual during the individual's terminal illness or injury that is addressed to at least two adults, at least one of whom is a disinterested witness.

B. A record signed pursuant to subsection A, paragraph 1, subdivision (b) of this section must:

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

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

C. An individual who has made a refusal may amend or revoke the refusal:

1. In the manner prescribed in subsection A of this section for making a refusal.

2. By subsequently making an anatomical gift pursuant to section 36-844 that is inconsistent with the refusal.

3. By destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

D. Except as otherwise prescribed in section 36-847, subsection H, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part.
A.R.S. § 36-120 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 120
36-120 Multiple sclerosis awareness fund
Status: in_force

36-120. Multiple sclerosis awareness fund

A. The multiple sclerosis awareness fund is established consisting of monies received pursuant to section 28-2440. The director shall administer the fund. Not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.  The director shall distribute monies in the fund before July 1 of each year.

B. The director shall allocate monies from the fund for multiple sclerosis awareness and outreach services in this state.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-426 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 426
36-426 Hospital providers of extended care services
Status: in_force

36-426. Hospital providers of extended care services

Notwithstanding section 36-407, a hospital licensed pursuant to this article which has been certified pursuant to title XVIII of the social security act as a rural extended care hospital may provide nursing care services, for a period of not to exceed an average of forty-five days, which are within the scope of services authorized by the medicare extended care program to any patient who is a member of the Arizona long-term care system and for which the services are appropriate. A hospital shall not admit a patient to an extended care program pursuant to this section if the patient needs a clinical service which is not available in the extended care program or requires services below the skilled nursing level of care as defined by the director.
A.R.S. § 36-1401 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1401
36-1401 Definitions
Status: in_force

36-1401. Definitions

In this article, unless the context otherwise requires:

1. "Area of operation" includes all the territory of a city, town or county.

2. "Authority", "public housing authority", "public agency" or "housing authority" means an agency of a city, town or county created and controlled pursuant to this article.

3. "Blighted area" means an area where dwellings predominate that are detrimental to safety, health or morals because they are dilapidated or overcrowded or lack ventilation, light or sanitary facilities.

4. "Bonds" means bonds, notes, interim certificates, debentures or other obligations issued by a public housing authority, city, town or county pursuant to this article.

5. "Clerk" means the clerk of the board of supervisors, the city or town clerk or the officer charged with the duties customarily imposed on the clerk.

6. "Federal government" includes the United States, the United States department of housing and urban development or any other agency or instrumentality, corporate or otherwise, of the United States.

7. "Governing body" means the board of commissioners of a public housing authority, the common council or other legislative body of the city or town or the county board of supervisors.

8. "Housing project":

(a) Means any work or undertaking:

(i) To demolish, clear or remove buildings from any blighted area. Such work or undertaking may embrace the adoption of the area to public purposes, including parks or other recreational or community purposes.

(ii) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property to be used for any necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes and consistent with the provision of housing pursuant to this article.

(iii) To accomplish a combination of the foregoing.

(b) Includes the planning and designing of buildings and improvements, the acquisition or receipt of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

9. "Mayor" means the mayor of the city or town or the officer thereof charged with the duties customarily imposed on the mayor or executive head of a city or town.

10. "Obligee" includes any holder of bonds issued pursuant to this article, trustee or trustees for such bondholders, or lessor demising to a public housing authority, city, town or county property used in connection with a housing project, or an assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to a contract with a public housing authority, city, town or county in regard to a housing project.

11. "Persons of low income" means persons or families who lack the amount of income that is necessary, as determined by the public housing authority, city, town or county undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.

12. "Real property" includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

13. "State public body" means any public housing authority, county, municipal corporation, commission, district, authority or other subdivision or public body of the state.
A.R.S. § 36-897.08 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.08
36-897.08 Intermediate sanctions; notification of compliance; hearing
Status: in_force

36-897.08. Intermediate sanctions; notification of compliance; hearing

A. If the director has reasonable cause to believe that a child care group home is in violation of this article or a rule adopted pursuant to this article and that the health or safety of the children is endangered, on written notice to the child care group home the director may impose one or more of the following intermediate sanctions until the child care group home is in substantial compliance:

1. Immediately restrict admissions to the child care group home.

2. Terminate specific services that the child care group home may offer.

3. Reduce the child care group home's capacity.

B. A child care group home sanctioned pursuant to this section shall notify the department in writing when it is in substantial compliance. On receipt of notification the department shall conduct an inspection. If the department determines that the child care group home is in substantial compliance the director shall immediately rescind the sanctions. If the department determines that the child care group home is not in substantial compliance the sanctions remain in effect. The child care group home may then notify the department of substantial compliance not sooner than fourteen days after the date of that inspection. If the department determines on the return inspection that the child care group home is still not in substantial compliance the sanctions remain in effect. Thereafter, a child care group home may notify the department of substantial compliance not sooner than thirty days after the date of the last inspection. A child care group home shall make all notifications of substantial compliance by certified mail. The department shall conduct all inspections required pursuant to this subsection within fourteen days after receipt of notification of substantial compliance. If the department does not conduct an inspection within this time period, the sanctions have no further effect.

C. On written request by a person who has been sanctioned pursuant to this section the director or the director's designee shall conduct a hearing to review the sanctions. A request for a hearing shall be made by certified mail within ten days after receipt of notice of the sanctions.  The office of administrative hearings shall conduct an administrative hearing within seven business days after the notice of appeal has been filed with the office of administrative hearings.

D. A hearing conducted pursuant to this section shall comply with the requirements of title 41, chapter 6, article 10.
A.R.S. § 36-3403 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3403
36-3403 Powers and duties of the director; study; capitation rates
Status: in_force

36-3403. Powers and duties of the director; study; capitation rates

A. In addition to the powers and duties prescribed in chapter 29 of this title, in carrying out the duties of this chapter, the director may:

1. Employ professional, secretarial and clerical staff as are determined necessary by the director to carry out the functions and duties of the administration, subject to legislative appropriation.

2. Contract for the services of consultants and other persons that are reasonably necessary to enable the administration to carry out its functions and duties, subject to legislative appropriation.

3. Contract and incur obligations that are reasonably necessary within the general scope of the administration.

4. Adopt rules that are necessary to carry out the requirements of the administration.

5. Contract or enter into intergovernmental agreements with other public and private nonprofit agencies and entities.

6. Use monies, facilities or services to provide matching contributions under federal or other programs that further the objectives and programs of the administration.

7. Accept gifts, grants, matching monies or direct payments from public or private agencies or private persons and enterprises for the conduct of programs that are consistent with the general purposes and objectives of the administration.

B. The director shall administer:

1. Unified mental health programs, excluding the functions of the state hospital but including community mental health.

2. Addictive behavior programs to include alcohol and drug abuse.

C. Notwithstanding any other law, the director may waive or reduce the requirements for local match.

D. Except as otherwise required by this chapter, the director shall carry out the duties of this chapter subject to and consistent with chapter 29 of this title.

E. The administration shall contract with an independent consulting firm for an annual study of the adequacy and appropriateness of title XIX reimbursement rates to providers of behavioral health services.  The administration may require and the regional behavioral health authorities and service providers shall provide to the administration financial data in the format prescribed by the administration to assist in the study. A complete study of reimbursement rates shall be completed at least once every five years.  The administration shall provide the report to the joint legislative budget committee on or before October 1 of each year.  If results of the study are not completely incorporated into the capitation rate, the administration shall provide a report to the joint legislative budget committee within thirty days of setting the final capitation rate, including reasons for differences between the rate and the study.

F. 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. § 36-2066 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2066
36-2066 Posting; confidential information; notification of local jurisdictions
Status: in_force

36-2066. Posting; confidential information; notification of local jurisdictions

A. The department shall post on its public website the name and telephone number of each licensed sober living home and shall update the list quarterly. The department shall not disclose the address of a licensed sober living home, except that the department, on request, shall disclose the address of the sober living home to:

1. A local jurisdiction for zoning purposes.

2. Local law enforcement.

3. Emergency personnel.

4. A third-party contractor of the department.

B. A sober living home's address is not a public record and is not subject to title 39, chapter 1, article 2. This section does not prohibit a sober living home from publishing or otherwise self-disclosing its address.

C. If a local jurisdiction provides its contact information to the department for notifications relating to sober living homes, the department shall notify the local jurisdiction of all initial licenses issued pursuant to this article in that jurisdiction in the preceding month. The department is not obligated to provide the notifications under this subsection to a local jurisdiction that does not provide the local jurisdiction's contact information to the department.
A.R.S. § 36-2917 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2917
36-2917 Review committees; immunity; confidentiality; definition
Status: in_force

36-2917. Review committees; immunity; confidentiality; definition

A. Any person who, in good faith and without malice and in connection with duties or functions of a review committee of the system, takes an action or makes a decision or recommendation as a member, agent or employee of a review committee of the system or related to the duties or functions of a review committee of the system or who furnishes records, information or assistance that is related to the duties of a review committee is not subject to liability for civil damages in consequence of that action. The court shall determine the presence of malice by clear and convincing evidence.  This section does not relieve a person of liability that arises from that person's medical treatment of a patient.

B. The information considered by a review committee of the system or related to the duties or functions of a review committee of the system and the records of their actions and proceedings are confidential and are not subject to subpoena or order to produce except as provided in subsection C of this section and in proceedings before an appropriate state licensing or certifying agency. A member of a review committee of the system or its staff engaged in assisting such committee or any other person assisting or furnishing information to such committee shall not be subpoenaed to testify in any judicial or quasi-judicial proceeding if the subpoena is based solely on those activities.

C. This section does not affect a patient's claim to privilege or prevent the subpoena of a patient's medical records that are otherwise subject to discovery.  The contents and records of review committee procedures are confidential and inadmissible in court.

D. Information considered by a review committee of the system and the records of its actions and proceedings may be transmitted by the director to an appropriate state licensing or certifying agency. Information considered by a review committee of the system or related to the duties or functions of a review committee of the system and the records of its actions and proceedings that are used pursuant to subsection B of this section or transmitted pursuant to this subsection by a state licensing or certifying agency shall be kept confidential and shall be subject to the same provisions concerning discovery and use in legal actions as are the original information and records in the possession and control of a review committee of the system or related to the duties and functions of a review committee of the system.

E. This section does not prevent the director from supervising or monitoring contractors as otherwise provided for in this chapter or rules adopted pursuant to this chapter.

F. For the purposes of this section, "review committee of the system" means any organizational structure of the administration, or of a contractor contracting with the administration pursuant to section 36-2906, the purpose of which is one or more of the following:

1. To evaluate and improve the quality of health care.

2. To review and investigate the conduct of licensed health care providers in order to determine whether disciplinary action should be imposed.

3. To encourage proper and efficient utilization of health care services and facilities.
A.R.S. § 36-3416 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3416
36-3416 Contracting requirements; art therapy services; definition
Status: in_force

36-3416. Contracting requirements; art therapy services; definition

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

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

C. For the purposes of this section, "art therapy" means the interactive use of psychotherapeutic principles and methods from an individual with master's level training in art media, the neurobiological implications of art-making and art-based assessment models to facilitate alternative modes of receptive and expressive communication and to define and implement therapeutic interventions to meet cognitive, developmental, behavioral and emotional needs.
A.R.S. § 36-439.04 — Arizona Code / Title 36 / Chapter 4 / Article 3.1 / Section 439.04
36-439.04 Colocation; outpatient treatment centers; health care providers
Status: in_force

36-439.04. Colocation; outpatient treatment centers; health care providers

A. The governing authority of a licensed collaborating outpatient treatment center or a collaborating exempt outpatient treatment center, by agreement, may share common areas and may share nontreatment personnel with one or more exempt health care providers or one or more licensed counseling facilities pursuant to section 36-439.02.

B. Treatment areas that are licensed under an outpatient treatment center may also be used by an exempt health care provider or an exempt outpatient treatment center if the provider's treatment areas and hours of operation are clearly identified by signage to the public and notice to the department.

C. Notwithstanding subsections A and B of this section, a licensed or exempt outpatient treatment center may contract with or employ an exempt health care provider to provide health care services to the licensed or exempt outpatient treatment center's patients.
A.R.S. § 36-2808 — Arizona Code / Title 36 / Chapter 28.1 / Section 2808
36-2808 Notifications to department; civil penalty
Status: in_force

36-2808. Notifications to department; civil penalty

(Caution:  1998 Prop. 105 applies)

A. A registered qualifying patient shall notify the department within ten days of any change in the registered qualifying patient's name, address, designated caregiver or preference regarding who may cultivate marijuana for the registered qualifying patient or if the registered qualifying patient ceases to have his debilitating medical condition.

B. A registered designated caregiver or nonprofit medical marijuana dispensary agent shall notify the department within ten days of any change in his name or address.

C. When a cardholder notifies the department of any changes listed in subsection A but remains eligible under this chapter, the department shall issue the cardholder a new registry identification card with new random 20-digit alphanumeric identification numbers within ten days of receiving the updated information and a ten-dollar fee.  If the person notifying the department is a registered qualifying patient, the department shall also issue his registered designated caregiver, if any, a new registry identification card within ten days of receiving the updated information.

D. If the registered qualifying patient's certifying physician notifies the department in writing that either the registered qualifying patient has ceased to suffer from a debilitating medical condition or that the physician no longer believes the patient would receive therapeutic or palliative benefit from the medical use of marijuana, the card is void upon notification by the department to the qualifying patient.

E. When a registered qualifying patient ceases to be a registered qualifying patient or changes registered designated caregiver, the department shall promptly notify the former designated caregiver that his duties and rights under this chapter as to that qualifying patient expire fifteen days after notification by the department is sent.

F. A registered qualifying patient, designated caregiver or nonprofit medical marijuana dispensary agent who fails to comply with subsection A or B is subject to a civil penalty of not more than one hundred fifty dollars.
A.R.S. § 36-843 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 843
36-843 Who may make an anatomical gift before donor's death
Status: in_force

36-843. Who may make an anatomical gift before donor's death

Subject to the requirements of section 36-847, an anatomical gift may be made during the life of the donor for the purpose of transplantation, therapy, research or education in the manner provided in section 36-844 by:

1. The donor, if the donor is an adult or is a minor who is either:

(a) Emancipated.

(b) Authorized under state law to apply for a driver license because the donor is at least the youngest age at which an individual may apply for any type of driver license.

2. An agent of the donor, unless the power of attorney for health care or other record prohibits the agent from making an anatomical gift.

3. If the donor is an unemancipated minor, a parent of the donor.

4. The donor's guardian.
A.R.S. § 36-436.02 — Arizona Code / Title 36 / Chapter 4 / Article 3 / Section 436.02
36-436.02 Increases of rates or charges; filing
Status: in_force

36-436.02. Increases of rates or charges; filing

A. A hospital or nursing care institution shall not increase any rate or charge until the proposed increase has been filed with the director and reviewed in the same manner as the schedule set forth in section 36-436.

B. A copy of any proposed reduction in any rate or charge shall be filed with the director for informational purposes prior to the effective date of such reduction.
A.R.S. § 36-977 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 977
36-977 Cleaning frequency
Status: in_force

36-977. Cleaning frequency

A. Manual dispensing utensils shall be cleaned and sanitized at least daily, or at more frequent intervals based on the type of food and the amount of food particle accumulation or soiling.

B. Product modules, lids and other equipment shall be cleaned before restocking, if soiled or at intervals on a schedule based on the type of food and the amount of food particle accumulation or soiling. Food contact surfaces shall be cleaned and sanitized immediately if contamination is observed or suspected.

C. Any bulk food remaining in a soiled product module shall be discarded before the product module is refilled.
A.R.S. § 36-756 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 756
36-756 Grounds for denial of license and disciplinary action; hearing; appeal; civil penalties; injunctions
Status: in_force

36-756. Grounds for denial of license and disciplinary action; hearing; appeal; civil penalties; injunctions

A. The director may deny, suspend or revoke the license of any midwife who:

1. Violates any provision of this article or the rules adopted under this article.

2.  Has been convicted of a felony or a misdemeanor involving moral turpitude.

3. Indulges in conduct or a practice detrimental to the health or safety of the mother and child.

B. The department may deny a license without holding a hearing. An applicant may appeal this decision pursuant to title 41, chapter 6, article 10.

C. The department shall conduct any hearing to suspend or revoke a license in accordance with the procedures established pursuant to title 41, chapter 6, article 10. If the director determines at the conclusion of a hearing that grounds exist to suspend or revoke a license, he may do so permanently or for any period of time he deems appropriate and under any conditions that he deems appropriate. An applicant for licensure or a licensee may appeal the final decision of the director.

D. In addition to other disciplinary action, the director may assess a civil penalty of not more than one hundred dollars for each violation of this article or a rule adopted pursuant to this article as determined by a hearing held pursuant to this section. Each day that a violation continues constitutes a separate offense. The attorney general or the county attorney may bring an action in the name of this state to enforce a civil penalty. The action shall be filed in the superior court or in justice court in the county where the violation occurred.

E. In addition to other available remedies, the director may apply to the superior court for an injunction to restrain a person from violating a provision of this article or a rule adopted pursuant to this article. The court shall grant a temporary restraining order, a preliminary injunction or a permanent injunction without bond. The defendant may be served in any county of this state. The action shall be brought on behalf of the director by the attorney general or the county attorney of the county in which the violation is occurring.
A.R.S. § 36-844 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 844
36-844 Manner of making anatomical gift before donor's death
Status: in_force

36-844. Manner of making anatomical gift before donor's death

A. A donor may make an anatomical gift:

1. By registering to be a donor on the donor registry established by section 36-858.

2. In a will.

3. During a terminal illness or injury of the donor by any form of communication that is addressed to at least two adults, at least one of whom is a disinterested witness.

4. As provided in subsection B of this section.

B. A donor or other person authorized to make an anatomical gift pursuant to section 36-843 may make a gift by a donor card or other record signed by the donor or other person making the gift or by authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry.  If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or the other person and must:

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

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

C. Revocation, suspension, expiration or cancellation of a driver license or an identification card on which an anatomical gift is indicated does not invalidate the gift.

D. An anatomical gift made by will takes effect on the donor's death whether or not the will is probated.  Invalidation of the will after the donor's death does not invalidate the gift.
A.R.S. § 36-766.05 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.05
36-766.05 Investigations; evidence
Status: in_force

36-766.05. Investigations; evidence

The director may investigate information that indicates a person may have violated or may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a state-certified doula pursuant to the requirements of this article.