A.R.S. § 36-446.06 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.06
36-446.06 Temporary licenses and certificates
Status: in_force

36-446.06. Temporary licenses and certificates

A. The board may issue a temporary nursing care institution administrator's license or temporary assisted living facility manager's certificate to individuals who are determined to meet standards established by the board and may revoke or suspend temporary licenses or certificates previously issued by the board in any case in which the individual holding a license or certificate is determined to have substantially failed to conform to the requirements of such standards during the term of the temporary license or certificate.

B. A temporary license or certificate is automatically revoked if the licensee or certificate holder fails either the state or national examination during the term of the license or certificate.

C. Temporary licenses or certificates may be issued without examination, for a single nonrenewable period of one hundred fifty days, to a qualified individual for the purpose of enabling the individual to fill a nursing care institution administrator or assisted living facility manager position. Qualifications for a temporary license or certificate shall include the ability to meet such other standards as are established by the board.

D. An applicant for a temporary license or certificate shall not have failed a state or national examination either before or after applying for the temporary license or certificate.
A.R.S. § 36-2854.01 — Arizona Code / Title 36 / Chapter 28.2 / Section 2854.01
36-2854.01 Marijuana products; labeling; packaging
Status: in_force

36-2854.01. Marijuana products; labeling; packaging

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 394)

Not later than December 31, 2023, any marijuana product packaging labeled for sale shall include a consumer scannable tetrahydrocannabinol quick response code or similar technology linking to a webpage that displays all of the following for the specific marijuana product:

1. The date of harvest of the marijuana.

2. The tetrahydrocannabinol strain of the marijuana.

3. The tetrahydrocannabinol extraction method used to extract the tetrahydrocannabinol from the marijuana.

4. A laboratory report of impurities containing at least heavy metals and agrochemicals.

5. The date of manufacture of the marijuana product.

6. The distribution chain, including at least a point of intended sale.

7. A warning that states, "using marijuana during pregnancy could cause birth defects or other health issues to your unborn child."
A.R.S. § 36-2302 — Arizona Code / Title 36 / Chapter 23 / Article 1 / Section 2302
36-2302 Human fetus or embryo; prohibitions; physician-patient privilege inapplicable; definitions
Status: in_force

36-2302. Human fetus or embryo; prohibitions; physician-patient privilege inapplicable; definitions

A. A person may not use a human fetus or embryo or any part, organ or fluid of the fetus or embryo resulting from an abortion in animal or human research, experimentation or study or for transplantation, except for either of the following:

1. Diagnostic or remedial procedures for the purpose of determining the life or health of the human fetus or embryo or the mother or for preserving the life or health of the human fetus or embryo or the mother.

2. A pathological study.

B. A person may not experiment on a human fetus or embryo who is intended to be aborted.

C. A person may not perform or offer to perform an abortion for which part or all of the justification or reason is that the human fetus or embryo or any part, organ or fluid of the human fetus or embryo may be used for animal or human research, experimentation or study or for transplantation.

D. A person may not knowingly sell, transfer, distribute, give away, accept, use or attempt to use any human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in violation of this section.

E. A person may not aid or abet the sale, transfer, distribution, other unlawful disposition, acceptance, use or attempted use of a human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in violation of this section.

F. The physician-patient privilege as provided in section 13-4062, paragraph 4 does not prevent the production of documents or records relevant to an investigation arising under this section. All documents or records produced in an action brought pursuant to this section shall be inspected by the court in camera, and, before the documents or records are released to the requesting party, the court shall remove the names and other identifying information, if any, of the patients and substitute pseudonyms.

G. For the purposes of this section:

1. "Abortion" has the same meaning as prescribed in section 36-2151.

2. "Experimentation" means the use of a human fetus or embryo or any part, organ or fluid of the human fetus or embryo resulting from an abortion in any trial, test, procedure or observation carried out with the goal of verifying, refuting or establishing the validity of a hypothesis. Experimentation does not include a pathological study or a diagnostic or remedial test, procedure or observation that has the purpose of determining the life or health of the human fetus or embryo or preserving the life or health of the human fetus or embryo or the mother.

3. "Pathological study" means the examination of body tissue for diagnostic or forensic purposes.
A.R.S. § 36-1902 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1902
36-1902 Powers and duties of the director; advisory committee; members
Status: in_force

36-1902. Powers and duties of the director; advisory committee; members

A. The director shall:

1. Supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for a hearing aid dispenser's license.

2. Designate the time and place for holding examinations for a hearing aid dispenser's license.

3. License persons who apply for and pass the examination for a license and who possess all other qualifications required for the practice of fitting and dispensing hearing aids, the practice of audiology and the practice of speech-language pathology.

4. License persons who apply for a license and who possess all other qualifications required for licensure as a speech-language pathology assistant.

5. Authorize all disbursements necessary to carry out this chapter.

6. Ensure the public's health and safety by adopting and enforcing qualification standards for licensees and applicants for licensure under this chapter.

7. Appoint an advisory committee to assist in examining applicants for a hearing aid dispenser's license and to collaborate with and assist the director in disciplinary matters, if requested, or any other duties prescribed in this chapter.

B. The director may:

1. Purchase and maintain, or rent, equipment and facilities necessary to carry out the examination of applicants for a license.

2. Issue and renew a license.

3. Deny, suspend, revoke or refuse renewal of a license or file a letter of concern, issue a decree of censure, prescribe probation, impose a civil penalty or restrict or limit the practice of a licensee pursuant to this chapter.

4. Make and publish rules that are not inconsistent with the laws of this state and that are necessary to carry out this chapter.

5. Require the periodic inspection of testing equipment and facilities of persons who are engaged in the practice of fitting and dispensing hearing aids, the practice of audiology and the practice of speech-language pathology.

6. Require a licensee to produce customer records of patients involved in complaints on file with the department.

C. The advisory committee appointed pursuant to subsection A, paragraph 7 of this section consists of the following members:

1. The director or the director's designee.

2. Two physicians who are licensed under title 32, chapter 13 or 17, one of whom is a specialist in otolaryngology.

3. Two licensed audiologists, one of whom dispenses hearing aids.

4. Two licensed speech-language pathologists, one of whom provides services in a school setting.

5. Two public members, one of whom is deaf or hard of hearing.

6. One member of the commission for the deaf and the hard of hearing who is not licensed pursuant to this chapter.

7. Two licensed hearing aid dispensers who are not licensed to practice audiology.

8. Two licensed speech-language pathology assistants.

D. Committee members who are licensed under this chapter shall have at least five years' experience immediately preceding the appointment in their field of practice in this state. Committee members shall serve a two-year term.

E. The director shall verify that each audiology licensee has passed a nationally recognized examination approved by the director.

F. The director shall verify that each speech-language pathology licensee has passed a nationally recognized examination approved by the director.

G. The director may recognize a nationally recognized speech-language hearing association or audiology association examination, or both, as an approved examination.
A.R.S. § 36-463.02 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 463.02
36-463.02 Inspections; exemptions; disciplinary action
Status: in_force

36-463.02. Inspections; exemptions; disciplinary action

A. The department may inspect the premises and operations of a clinical laboratory subject to licensure pursuant to this article to study and evaluate the operation, supervision and procedures of that facility to determine if it is in substantial compliance with this article and rules adopted pursuant to this article. Inspections may be unannounced and shall take place during regular working hours.

B. The department shall require a laboratory to enroll in an approved proficiency testing program. The department may also submit proficiency test specimens for examination by a laboratory to determine its compliance with the provisions of this chapter, if a laboratory has failed to meet the standards for proficiency testing, pursuant to this article.

C. A laboratory is exempt from on-site inspection conducted pursuant to this article and on-site inspection fees if it is in substantial compliance with the licensure requirements of this article and is licensed or certified by the federal government, licensed or accredited by another state or accredited by a federally approved program. The laboratory shall submit to the department verified proof of this licensure, certification or accreditation along with the laboratory's evaluation report. A laboratory shall notify the department within twenty-four hours of its receipt of notice that its accreditation has been rescinded or modified. If the department determines that an accreditation program is no longer approved, it shall conduct on-site inspections pursuant to this section.

D. If the director has reasonable cause to believe that a licensed or unlicensed laboratory or a laboratory requesting licensure is not in substantial compliance with the licensing requirements established pursuant to this article, the director may make announced or unannounced on-site inspections of the laboratory at any reasonable time to determine compliance. An application for licensure grants the department permission to conduct on-site inspections as prescribed pursuant to this section.

E. If as a result of an inspection the director determines that a laboratory is not in substantial compliance with this article and rules adopted pursuant to this article, he may modify, suspend, revoke or deny renewal of the license. This action shall follow a hearing held pursuant to chapter 41, article 6. If the director believes that the immediate interests of the general public will be best served by allowing the laboratory an opportunity to correct the deficiency, he may issue a provisional license for not more than six months. The laboratory shall agree to carry out a plan approved by the department to correct the deficiencies. The laboratory may be relicensed only after the expiration of its provisional license and only if the department determines that the licensee is in substantial compliance with this article and rules adopted pursuant to this article.
A.R.S. § 36-560 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 560
36-560 Admission
Status: in_force

36-560. Admission

A. Persons shall be admitted to developmental disabilities programs or services operated by or supported by the department only pursuant to the procedures prescribed in this chapter.  An application for admission shall be submitted on forms provided by the department in accordance with the rules and procedures adopted by the department.

B. Admission into any developmental disabilities program or service operated by the department or supported by the department is subject to availability of space in any program or service and is subject to annual legislative appropriation and other available funding.

C. A person shall not receive developmental disabilities services unless proof of the requirements set forth in section 36-559 is provided.

D. An application shall be signed by the responsible person. An admission or assignment of any client to a program, service or facility shall not be made without the consent of the responsible person. If an application for admission to a residential program is made for a client who is fourteen to eighteen years of age and who is capable of giving voluntary informed consent, that client and the client's parent or guardian shall jointly apply, unless it appears to the department that the client is manifestly incapable of giving consent.  An adult capable of giving consent may apply for admission and may be assigned to programs, services or facilities.

E. If an adult applicant applies for admission, or when a minor client served directly or indirectly by the department becomes eighteen years of age, and the applicant or client reasonably appears to be impaired by developmental disabilities to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, the department shall require that prior to receiving or continuing to receive developmental disabilities programs or services the applicant have a guardian appointed pursuant to title 14, chapter 5, or shall have had a judicial determination made that it is not necessary to appoint a guardian for that person.

F. There shall be no judicial admissions except pursuant to section  8-242 and as stipulated in section 36-559, subsection D.

G. No person may be admitted or assigned to any developmental disabilities facility, program or service unless the person has received a placement evaluation to determine the need for the developmental disabilities programs and services which are appropriate for that person and the admittance or assignment is consistent with the recommendation or placement evaluation.  Each placement evaluation shall be governed by the following conditions:

1. The placement evaluation team shall consist of a group assigned by the department which shall include a department employee to serve as the case manager, the parent or guardian of the applicant and appropriate program staff of the department.  Counsel for the applicant and a friend or advocate of the applicant designated in the application for admission may also attend the evaluation sessions for the applicant.

2. A placement evaluation report shall be prepared within thirty days after the placement evaluation is initiated which shall recommend the assignment of the applicant to certain designated types of developmental disabilities programs or services operated by or supported by the department. In this process the specific assignment request of the responsible person shall be given strong consideration.

3. A placement evaluation conducted by the department for the purpose of determining appropriate developmental disabilities programs and services shall not include an evaluation of a child for placement in a special education program in a school district.

4. The procedure prescribed in section 36-559, subsection D constitutes a placement evaluation for the purposes of this chapter.

H. The standards for determining the assignment for the applicant to a particular service shall be in the best interest of the client, taking into consideration the age, the degree or type of developmental disability, the presence of other disabling conditions of the applicant, the ability to provide the applicant with the maximum opportunity to develop the person's maximum potential, to provide a minimally structured residential program and environment for the applicant and to provide a safe, secure and dependable residential and program environment for the applicant and the particular desires of the applicant.  In making this determination, the placement evaluation team shall consider the reports of all previous placement-type evaluations performed for such applicant, the medical and program history of the applicant and the services and programs available from this state, contractors of this state and other providers.

I. After the placement evaluation report has been issued and the responsible person accepts the assignment of all programs or services, the department shall enroll the applicant in the programs or services within thirty days, subject to the provisions of subsection B of this section. If the applicant cannot be enrolled within thirty days, written and oral notice, subject to the requirements of section 36-551.01, subsection P, shall be given to the applicant and the responsible person, within ten days of the department's determination that the applicant cannot be enrolled, informing such persons of the department's determination.  The notice shall also include the appropriate procedures, which the applicant or the responsible person should follow to assure that the applicant is enrolled.

J. The department may attach conditions to the direct or indirect provision of services with which the client would be required to comply in order to receive the services.  These conditions may include requiring the client to participate in appropriate day programs as a condition of providing residential services and residential facilities.  A client assigned to a residential program may be required to assist in daily housework in maintaining the facility as part of the client's individual program.

K. The department may refuse to provide specific services that are requested by the client but that are not recommended for the client as a result of the evaluation.

L. Application for admission shall be one of the following types:

1. "Regular admission" for placement of a person with a developmental disability for developmental disabilities programs and services after a placement evaluation has been conducted for such person.

2. "Emergency admission" for placement of a person with a developmental disability when there is an immediate and compelling need for short-term developmental disabilities programs and services.

M. Regular admission shall be permitted only after a placement evaluation has been conducted and only if space is available at the facility or in the program or service in which placement is requested.

N. Emergency admission for applicants with developmental disabilities shall be permitted even though a placement evaluation has not been performed, if:

1. Space is available at the facility or in the program or service in which placement is requested.

2. The department determines that the facility, program or service will meet the needs of the client.

3. The client has an urgent need for short-term placement and care which the facility, program or service provides and is otherwise eligible for services pursuant to the requirements set forth in section 36-559.

O. Developmental disabilities programs and services may be provided to a person with developmental disabilities admitted pursuant to an emergency admission for a period not to exceed sixty consecutive days following admission or until a placement evaluation is performed, whichever period first occurs.
A.R.S. § 36-2301.01 — Arizona Code / Title 36 / Chapter 23 / Article 1 / Section 2301.01
36-2301.01 Abortion of viable fetus; requirements; definitions
Status: in_force

36-2301.01. Abortion of viable fetus; requirements; definitions

A. A physician shall not knowingly perform an abortion of a viable fetus unless:

1. The physician states in writing before the abortion is performed that the abortion is necessary to preserve the life or health of the woman, specifying the medical indications for and the probable health consequences of the abortion. The physician shall attach a copy of this statement to any fetal death report filed pursuant to section 11-593 or fetal death registration filed pursuant to section 36-329.

2. The physician uses the available method or technique of abortion most likely to preserve the life and health of the fetus, unless the use of such method or technique would present a greater risk to the life or health of the woman than the use of another available method or technique.

3. The physician states in writing the available methods or techniques considered, the method or technique used and the reasons for choosing that method or technique. The physician shall attach a copy of this statement to any fetal death report filed pursuant to section 11-593 or fetal death registration filed pursuant to section 36-329.

4. In addition to the physician performing the abortion, there is another physician in attendance who shall take control of and provide immediate medical care for a living child born as a result of the abortion.

5. The physician takes all reasonable steps during the performance of the abortion, consistent with the procedure used and in keeping with good medical practice, to preserve the life and health of the fetus, if these steps do not pose an increased risk to the life or health of the woman on whom the abortion is performed.

B. This section does not apply if there is a medical emergency.

C. For the purposes of this section and section 36-2301.02:

1. "Abortion" has the same meaning prescribed in section 36-2151.

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

3. "Physician" means any person licensed under title 32, chapter 13 or 17.

4. "Viable fetus" means the unborn offspring of human beings that has reached a stage of fetal development so that, in the judgment of the attending physician on the particular facts of the case, there is a reasonable probability of the fetus' sustained survival outside the uterus, with or without artificial support.
A.R.S. § 36-545.04 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.04
36-545.04 Costs of court proceedings; compensation for evaluation and testimony
Status: in_force

36-545.04. Costs of court proceedings; compensation for evaluation and testimony

A. Except as provided in this chapter, costs of court proceedings and cost of services provided by a county pursuant to article 4 are a charge against the county in which the patient resided or was found before hospitalization.  The clerk of the superior court in the county where the proceedings are held shall certify to the board of supervisors of the county where the patient resided or was found before hospitalization that such proceedings were held and the amount of the balance of the incurred costs.

B. If a physician, psychologist, psychiatric and mental health nurse practitioner or social worker is not otherwise compensated for evaluating a person or for testifying at a hearing, or both, the physician, psychologist, nurse practitioner or social worker shall be paid by the county, an amount determined reasonable by the court, subject to the same limitations as imposed on compensation for attorneys in hearings, as provided by section 13-4013. These payments shall be made as a part of the costs of court proceedings as in subsection A of this section.
A.R.S. § 36-437 — Arizona Code / Title 36 / Chapter 4 / Article 3 / Section 437
36-437 Health care facilities; charges; public availability; direct payment; notice; definitions
Status: in_force

36-437. Health care facilities; charges; public availability; direct payment; notice; definitions

A. A health care facility with more than fifty inpatient beds must make available on request or online the direct pay price for at least the fifty most used diagnosis-related group codes, if applicable, for the health care facility and at least the fifty most used outpatient service codes, if applicable, for the health care facility. The services may be identified by a common procedural terminology code or by a plain-English description. The health care facility must update the direct pay prices at least annually based on the services from a twelve-month period that occurred within the eighteen-month period preceding the annual update. The direct pay price must be for the standard treatment provided for the service and may include the cost of treatment for complications or exceptional treatment.

B. A health care facility with fifty or fewer inpatient beds must make available on request or online the direct pay price for at least the thirty-five most used diagnosis-related group codes, if applicable, for the health care facility and at least the thirty-five most used outpatient service codes if applicable, for the health care facility. The services may be identified by a common procedural terminology code or by a plain-English description. The health care facility must update the direct pay prices at least annually based on the services from a twelve-month period that occurred within the eighteen-month period preceding the annual update. The direct pay price must be for the standard treatment provided for the service and may include the cost of treatment for complications or exceptional treatment.

C. Subsections A and B of this section do not apply if a discussion of the direct pay price would be a violation of the federal emergency medical treatment and labor act.

D. Veterans administration facilities, health facilities on military bases, Indian health services facilities and tribal owned clinics are exempt from the requirements of this section. If the director of the Arizona department of health services determines that a health care facility does not serve the general public, the health care facility is exempt from the requirements of this section if the health care facility does not serve the general public.

E. Subsections A and B of this section do not prevent a health care facility from offering either additional discounts or additional lawful health care services for an additional cost to a person or an employer paying directly.

F. A health care facility is not required to report the direct pay prices to a government agency or department or to a government-authorized or government-created entity for review. A government agency or department or government-authorized or government-created entity may not approve, disapprove or limit a health care facility's direct pay price for services. A government agency or department or government-authorized or government-created entity may not approve, disapprove or limit a health care facility's ability to change the published or posted direct pay price for services.

G. A health care system may not punish a person or employer for paying directly for lawful health care services or a health care facility for accepting direct payment from a person or employer for lawful health care services.

H. Except as provided in subsection O of this section, a health care facility that receives direct payment from a person or employer for a lawful health care service is deemed paid in full if the entire fee for the service is paid and shall not submit a claim for payment or reimbursement for the service to any health care system. This subsection does not prevent a health care facility from pursuing a health care lien for customary charges pursuant to title 33. This subsection does not affect the ability of a health care facility to submit claims for the same service provided on other occasions to the same or a different person if no direct payment occurs. This subsection does not require a health care facility to refund or adjust any capitated payment, bundled payment or other form of prepayment or global payment made by a health care system to the health care facility for lawful health care services to be provided by the health care facility for the person who makes, or on whose behalf an employer makes, direct payment to the health care facility.

I. Before a health care facility that is contracted as a network provider for a health care system accepts direct payment from a person or an employer, and the person is an enrollee of the same health care system, the health care facility shall obtain the person's or employer's signature on a notice in a form that is substantially similar to the following:

Important Notice About Direct Payment

For Your Health Care Services

The Arizona Constitution allows you to pay a health care facility directly for health care services.  Before you make any agreement to do so, please read the following important information:

If you are an enrollee of a health care system (more commonly referred to as a "health insurance plan") and your health care facility is contracted with the health insurance plan, the following apply:

1. You may not be required to pay the health care facility directly for the services covered by your plan, except for cost share amounts that you are obligated to pay under your plan, such as copayments, coinsurance and deductible amounts.

2. Your provider's agreement with the health insurance plan may prevent the health care facility from billing you for the difference between the facility's billed charges and the amount allowed by your health insurance plan for covered services.

3. If you pay directly for a health care service, your health care facility will not be responsible for submitting claim documentation to your health insurance plan for that claim.  Before paying your claim, your health insurance plan may require you to provide information and submit documentation necessary to determine whether the services are covered under your plan.

4. If you do not pay directly for a health care service, your health care facility may be responsible for submitting claim documentation to your health insurance plan for the health care service.

Your signature below acknowledges that you received this notice before paying directly for a health care service.

J. A health care facility that receives direct payment for a lawful health care service and that complies with subsection I of this section is not responsible for submitting documentation of any kind for purposes of reimbursement to any health care system for that claim if the failure to submit such documentation does not conflict with the terms of any federal or state contracts to which the health care system is a party and the health care facility has agreed to serve patients under or with applicable state or federal programs in which a health care facility and health care system participate.

K. A health care facility that receives direct payment pursuant to this section shall provide the person making the direct payment with a receipt that includes the following information:

1. The amount of the direct payment.

2. The applicable procedure and diagnosis codes for the services rendered.

3. A clear notation that the services were subject to direct payment under this section.

L. If an enrollee pays to a health care facility that is an out-of-network provider the direct pay price for a lawful health care service that is covered under the enrollee's health care plan, pursuant to the requirements of this section, the amount paid by the enrollee shall be applied first to the enrollee's in-network deductible with any remaining monies being applied to the enrollee's out-of-network deductible, if applicable. The amount applied to the in-network deductible shall be the amount paid directly or the health insurer's prevailing contracted commercial rate for the enrollee's health care plan in this state for the service or services. If the service or services do not match standard codes or bundled payment programs in use in this state by the health insurer, the amount applied to the in-network deductible shall be the amount paid directly. For the purposes of this subsection, "prevailing contracted commercial rate" means the most usual and customary rate that a health insurer offers as payment for a specific service under a specific health care plan, not including a plan offered under medicare or medicaid or on a health insurance exchange.

M. If an enrollee is enrolled in a high deductible plan that qualifies the enrollee for a health savings account as defined in 26 United States Code section 223, the health care system is not liable if the enrollee submits a claim for deductible application of a direct pay amount pursuant to subsection L of this section that jeopardizes the enrollee's status as an individual eligible for favorable tax treatment of the health savings account.

N. This section does not create any private right or cause of action for or on behalf of any person against the health insurer. This section provides solely an administrative remedy for any violation of this section or any related rule.

O. This section does not impair the provisions of a health care system's private health care network provider contract, except that a health care facility may accept direct payment from a person or employer or may decline to bill the health care system directly for services paid directly by a person or employer if the health care facility has complied with subsection I of this section and the health care facility's receipt of direct payment and the declination to bill the health care system do not conflict with the terms of any federal or state contract to which the health care system is a party and the health care facility has agreed to serve patients under or with applicable state or federal programs in which a health care facility and health care system participate.

P. This section may not prevent the department of health services from performing an investigation of a health care facility under the department's powers and duties as prescribed in this title. If a health care facility fails to comply with this section, the penalty shall not include the revocation of the health care facility's license to deliver health care services.

Q. For the purposes of this section:

1. "Direct pay price" means the entire price that will be charged by a health care facility for a lawful health care service, regardless of the health insurance status of the person, if the entire fee for the service is paid in full directly to a health care facility by the person, including the person's health savings account, or by the person's employer and that does not prohibit a health care facility from establishing a payment plan with the person paying directly for services.

2. "Enrollee" means a person who is enrolled in a health care plan provided by a health insurer.

3. "Health care facility" means an outpatient surgical center, health care laboratory, diagnostic imaging center or urgent care center.

4. "Health care plan" means a policy, contract or evidence of coverage issued to an enrollee. Health care plan does not include limited benefit coverage as defined in section 20-1137.

5. "Health care provider" means a person who is licensed pursuant to title 32, chapter 7, 8, 13, 14, 16, 17, 19 or 34.

6. "Health care system" means a public or private entity whose function or purpose is the management, processing or enrollment of individuals or the payment, in full or in part, of health care services.

7. "Health insurer":

(a) Means a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, medical service corporation or hospital and medical service corporation as defined in title 20.

(b) Does not include a governmental plan as defined in the employee retirement income security act of 1974 (P.L. 93-406; 88 Stat. 829; 29 United States Code section 1002).

8. "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is allowed or not prohibited by law or regulation, that may be provided by persons or businesses that are otherwise allowed to offer the services or treatments.

9. "Punish" means to impose any penalty, surcharge or named fee with a similar effect that is used to discourage the exercise of rights under this section.
A.R.S. § 36-3709 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3709
36-3709 Petition for change of status; procedures
Status: in_force

36-3709. Petition for change of status; procedures

A. If the superintendent of the state hospital or the director of the department of health services determines that the person's mental disorder has so changed that the person is not likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative, the superintendent or director shall allow the person to petition the court for conditional release to a less restrictive alternative.  The person shall serve the petition on the court and the attorney for the state.  The court shall hold a hearing on the petition for conditional release to a less restrictive alternative within forty-five days after receiving the petition. The court may continue the hearing on the request of either party and a showing of good cause or on its own motion if the respondent will not be substantially prejudiced.  The county attorney or the attorney general shall represent the state at the hearing and may request that the petitioner be examined by a competent professional selected by the county attorney or the attorney general.  The attorney for the state has the burden of proving beyond a reasonable doubt that the petitioner's mental disorder has not changed and that the petitioner remains a danger to others and is likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative or unconditionally discharged.

B. This section does not prohibit the committed person from annually petitioning the court for conditional release to a less restrictive alternative without the approval of the superintendent of the state hospital or the director of the department of health services.  The director of the department of health services shall give annual written notice to the committed person of the person's right to petition the court for conditional release to a less restrictive alternative without the approval of the superintendent or director.  The notice shall contain a waiver of rights. The director shall submit the notice and waiver to the court with the annual examination report.

C. The committed person may be present at the hearing.  The county attorney or the attorney general may request that the person be examined by a competent professional selected by the attorney for the state.  The committed person may retain and the court on request of an indigent person may appoint a competent professional.  The attorney for the state has the burden of proving beyond a reasonable doubt that the person's mental disorder has not changed and that the person remains a danger to others and is likely to engage in acts of sexual violence if conditionally released to a less restrictive alternative.  If the state does not meet its burden of proof, the person shall be discharged from treatment.

D. If at the conclusion of a hearing the court finds that there is no legally sufficient evidentiary basis to conclude that the conditions prescribed in section 36-3711 have been met, the court shall grant the state's motion for a judgment on the issue of conditional release to a less restrictive alternative.
A.R.S. § 36-462 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 462
36-462 License requirements; training and consultation
Status: in_force

36-462. License requirements; training and consultation

A. No person shall establish, conduct or maintain a clinical laboratory in this state or engage in the business of providing clinical laboratory services to persons within the state unless that person applies for and obtains a license pursuant to this article. The department shall issue a license to an applicant if the department determines that the applicant meets the requirements of this article and rules adopted pursuant to this article.

B. The director may provide training and consultation to laboratory personnel to ensure compliance with the licensure requirements of this article.
A.R.S. § 36-2944 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2944
36-2944 Qualified plan health service contracts; proposals; administration; contract terms
Status: in_force

36-2944. Qualified plan health service contracts; proposals; administration; contract terms

A. For each county that has a population of five hundred thousand persons or less and that was not approved as a program contractor before January 1, 1994 or that officially states that it wishes to end its status as a program contractor, the director at least every five years shall prepare and issue a request for proposal and a proposed contract format to qualified group disability insurers, hospital and medical service corporations, health care services organizations and any other qualified public or private persons to be a program contractor and provide services pursuant to this article on a capitation rate basis to members who are enrolled with the program contractors by the system, who are not persons with developmental disabilities as defined in section 36-551 and who are residents of the county at the time of application for the system.

B. The director may adopt rules regarding the request for proposal process that provide:

1. For the award of contracts by categories of members or services in order to secure the most financially advantageous proposals for the system.

2. That each qualified proposal shall be entered with separate categories for the distinct groups of members or services to be covered by the proposed contracts, as set forth in the request for proposal.

3. For the procurement of reinsurance for expenses incurred by any program contractor, any member or the system in providing services in excess of amounts specified by the director in any contract year.

4. For second round competitive proposals to request voluntary price reduction of proposals from only those proposals that have been tentatively selected for award, before the final award or rejection of proposals.

C. Contracts shall be awarded as otherwise provided by law, except that in no event may a contract be awarded to any program contractor that will cause the system to lose any federal monies to which it is otherwise entitled.

D. After contracts are awarded pursuant to this section, the director may negotiate with any successful proposal respondent for the expansion or contraction of services or service areas if there are unnecessary gaps or duplications in services or service areas.

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

F. Payments made pursuant to this section shall begin after a member is enrolled in the system.

G. Each program contractor pursuant to this section 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. The report shall include the number of members served by the program contractor and the cost incurred for various types of services provided to members in a format prescribed by the director.

H. The director shall require contract terms necessary to ensure adequate performance by the program contractor of the provisions of each contract executed pursuant to this section. Contract provisions required by the director shall include the maintenance of deposits, performance bonds, financial reserves or other financial security.
A.R.S. § 36-890 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 890
36-890 Decisions
Status: in_force

36-890. Decisions

All decisions rendered by the director, pursuant to the applicable law and regulations, shall be in writing and filed of record in the office of the department. Notice of such decisions shall be given to the affected person or licensee. If no appeal is taken by any such person or licensee within the time provided by law, the decision of the director shall be final and conclusive.
A.R.S. § 36-425.02 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.02
36-425.02 Nursing care institutions; quality rating; issuance of license
Status: in_force

36-425.02. Nursing care institutions; quality rating; issuance of license

A. The department shall issue to each licensed nursing care institution a quality rating based on the results of a licensure survey.

B. The director may determine the period of time for which a license issued to a nursing care institution is valid according to the quality rating category to which the institution is assigned, except that no license shall be valid for more than three years from the date of issuance.
A.R.S. § 36-2934.02 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2934.02
36-2934.02 Financial instruments; eligibility for the system
Status: in_force

36-2934.02. Financial instruments; eligibility for the system

A. The administration has sole authority to determine the effect of annuities, promissory notes, loan agreements and related financial instruments on a person's eligibility pursuant to this article.

B. An irrevocable annuity purchased with an applicant's assets is treated as a transfer with uncompensated value pursuant to section 36-2934, subsection B unless it meets all of the following:

1. It is purchased from a life insurance company or another commercial company that sells annuities as part of the normal course of business.

2. It provides substantially equal monthly payments of principal and does not have a balloon or deferred payment of interest or principal.

3. It is an annuity currently issuing payments for the person or that person's spouse.

4. It will return the full principal and interest within the annuitant's life expectancy.

C. An irrevocable annuity that meets the requirements of subsection B of this section is a transfer with compensated value.

D. The fair market value of a promissory note, loan agreement or related financial instrument that is negotiable, assignable and enforceable is a countable resource.

E. A promissory note, loan agreement or related financial instrument that does not comply with subsection D of this section is a transfer with uncompensated value. For a promissory note, loan agreement or related instrument that does comply with subsection D of this section, the difference between the outstanding principal balance and the fair market value is a transfer with uncompensated value.
A.R.S. § 36-2804.07 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804.07
36-2804.07 Independent third-party laboratories; certification; inspection
Status: in_force

36-2804.07. Independent third-party laboratories; certification; inspection

(Added with a 1998 Prop. 105 clause pursuant to L19, Ch. 318)

A. Independent third-party laboratories shall be certified by the department.

B. After receiving an application for an independent third-party laboratory, the department shall certify the independent third-party laboratory and issue a certificate and a random twenty-digit alphanumeric identification number if:

1. The prospective independent third-party laboratory has submitted all of the following:

(a) The application fee.

(b) An application, that includes:

(i) The legal name of the independent third-party laboratory.

(ii) The physical address of the independent third-party laboratory, which may not be within five hundred feet of a public or private school existing before the date of the independent third-party laboratory's application.

(iii) The name, address and date of birth of the owner of the independent third-party laboratory.

(iv) The name, address and date of birth of each independent third-party laboratory agent.

(c) Policies and procedures consistent with department rules and the requirements of section 36-2803.

(d) If the city, town or county in which the independent third-party laboratory would be located has enacted zoning restrictions, a sworn statement certifying that the independent third-party laboratory is in compliance with the restrictions.

2. The independent third-party laboratory's owner and agents have not been convicted of an excluded felony offense.

3. The independent third-party laboratory's owner and agents are at least twenty-one years of age.

C. Certified independent third-party laboratories are subject to reasonable inspection by the department.

D. The department may conduct a criminal records check in order to carry out this section.
A.R.S. § 36-798.06 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.06
36-798.06 Delivery sales prohibited; common carriers; penalties; forfeiture; unlawful practice; exceptions; violation; classification; definitions
Status: in_force

36-798.06. Delivery sales prohibited; common carriers; penalties; forfeiture; unlawful practice; exceptions; violation; classification; definitions

A. A person shall not do either of the following:

1. Cause a tobacco product to be ordered or purchased by anyone other than a licensed person or a retailer who orders or purchases from a licensed person, including by ordering or purchasing a tobacco product.

2. Knowingly provide substantial assistance to a person who violates this section.

B. A common carrier shall not knowingly transport a tobacco product for a person who is in violation of this section.

C. Each order or purchase of a tobacco product in violation of subsection A, paragraph 1 of this section constitutes a separate violation under this section.

D. In addition to any other penalty, a person who violates this section is subject to all of the following:

1. A civil penalty in an amount not to exceed $5,000 for each violation.

2. An injunction to restrain a threatened or actual violation of this section.

3. Recovery by this state for:

(a) The costs of any investigation related to a violation of this section.

(b) The cost of expert witness fees in any action related to a violation of this section.

(c) The cost of the action related to a violation of this section.

(d) Reasonable attorney fees.

4. All state tobacco taxes due under title 42, chapter 3, except as prohibited under section 42-3402, and all transaction privilege or use taxes due under title 42, chapter 5, including any penalties and interest.

E. All tobacco products that are seized for a violation of this section shall be forfeited to the state and destroyed pursuant to section 42-1124.

F. A violation of this section is an unlawful practice under section 44-1522 and is in addition to all other causes of action, remedies and penalties that are available to this state. The attorney general may investigate and take appropriate action pursuant to title 44, chapter 10, article 7.

G. This section does not apply to any of the following:

1. The shipment of a tobacco product to a foreign trade zone that is established under 19 United States Code sections 81a through 81u and title 44, chapter 18 and that is located in this state if the tobacco product is from outside of this country, was ordered by a distributor in another state and is not distributed in this state.

2. A government employee who is acting in the course of the employee's official duties.

3. The shipment of a tobacco product to a university that is acquiring the tobacco product to use to conduct basic and applied research, if the tobacco product is exempt from federal excise tax under 26 United States Code section 5704(a).

H. A person who violates this section is guilty of a class 6 felony.

I. For the purposes of this section:

1. "Licensed person" means a person who is required to be licensed under section 42-3401.

2. "Order or purchase" means any of the following:

(a) By mail or delivery service.

(b) Through the internet or a computer network.

(c) By telephone.

(d) Through any other electronic method.

3. "Person" means an individual, partnership, firm, association, corporation, limited liability company or partnership, joint venture or other entity.

4. "Retailer" has the same meaning prescribed in section 42-5001.

5. "Tobacco product" means all luxuries included in section 42-3052, paragraphs 5, 6 and 7. Tobacco product does not include pipe tobacco or cigars.
A.R.S. § 36-910 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 910
36-910 Seizure
Status: in_force

36-910. Seizure

A. When the director finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article as to be dangerous or fraudulent, he shall affix to such food or its container a tag or other appropriate marking, giving notice that such food is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such food by sale or otherwise until permission for removal or disposal is given by the director or the court. It is unlawful for any person to remove or dispose of such detained or embargoed food by sale or otherwise without such permission.

B. When a food detained or embargoed under subsection A has been found by the director to be adulterated or misbranded, he shall, with the assistance of the attorney general or of the county attorney of the county in which such food is found, petition the superior court in the county in which the food is detained or embargoed for an order condemning such food. When the director has found that a food so detained or embargoed is not adulterated or misbranded, he shall remove or cancel the tag or other marking.

C. If the court finds that a detained or embargoed food is adulterated or misbranded and that such adulteration or misbranding cannot be corrected by proper processing or labeling, the court shall by order direct that such food be destroyed at the expense of the claimant of the food under the supervision of the director, and all court costs and fees, storage and other proper expenses shall be taxed against the claimant. If the court finds that a detained or embargoed food is adulterated or misbranded, but that such adulteration or misbranding can be corrected by proper processing or labeling, the court may by order direct that, after court costs and fees, storage and other expenses have been paid by the claimant and a good and sufficient bond, guaranteeing that such food shall be so processed or labeled, has been executed, such food shall be returned to the claimant for such processing or labeling under the supervision of the director. Upon representation to the court by the director that the food is no longer in violation of this article, the food shall be released from the supervision and control of the director and the bond shall be exonerated.

D. When the director finds in any room, building, vehicle of transportation or other structure any meat, sea food, poultry, vegetable, fruit or other perishable foods which are unsound or contain any filthy, decomposed or putrid substances, or which may be poisonous or presents an imminent endangerment to health, the director shall forthwith seize them and, unless within five days of such seizure the claimant serves a written protest to such action upon the director, destroy them. If such a written protest is timely served on the director, he may petition the court as in subsection B of this section for an order condemning the food. An action brought under this subsection shall be given a calendar preference by the court.
A.R.S. § 36-107 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 107
36-107 Power to promulgate rules concerning confidential nature of records
Status: in_force

36-107. Power to promulgate rules concerning confidential nature of records

The director shall promulgate such rules and regulations as are required by state law or federal law or regulation to protect confidential information. No names or other information of any applicant, claimant, recipient or employer shall be made available for any political, commercial or other unofficial purpose.
A.R.S. § 36-1943 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1943
36-1943 Executive director; duties
Status: in_force

36-1943. Executive director; duties

A. Subject to title 41, chapter 4, article 4, the commission shall appoint an executive director who serves at the pleasure of the commission.  Subject to title 41, chapter 4, article 4, the commission may employ other employees as necessary, determine their compensation pursuant to section 38-611 and prescribe their powers and duties.  With the approval of the commission, the executive director may contract for professional, technical and clerical services necessary to carry out functions of the commission.

B. The executive director shall be a trained professional experienced in problems of the deaf and the hard of hearing and skilled in the use of manual communication, commonly referred to as sign language, and may be either a deaf person, a person who is hard of hearing or a person with normal hearing.  The executive director shall assist the commission to implement its programs and activities and to implement this chapter. The executive director shall not be a commission member. The executive director is eligible to receive compensation set by the commission within the range determined pursuant to section 38-611.
A.R.S. § 36-545.01 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.01
36-545.01 Payment of costs and expenses; ability to pay; power and duty of court; acceptance of other benefits; per capita cost limitation; guardians; parental liability; lien; duty of county attorney
Status: in_force

36-545.01. Payment of costs and expenses; ability to pay; power and duty of court; acceptance of other benefits; per capita cost limitation; guardians; parental liability; lien; duty of county attorney

A. When a patient is admitted to the state hospital for court-ordered treatment pursuant to article 5 of this chapter or pursuant to section 13-3992, the business manager of the state hospital shall inquire into the ability of the patient to pay the costs of examination, maintenance and treatment. The business manager shall file with the clerk of the court a written report of the manager's findings and the basis of those findings.

B. If the patient is able to pay all or any portion of the charges, the court shall order the payment of the amount the patient can afford of the per capita cost for examination, treatment and maintenance as estimated by the superintendent. The court, on petition of an interested person and at a hearing of which all concerned parties have received notice, may increase or decrease the maintenance charge payable by the patient or the patient's estate.

C. Notwithstanding subsection B of this section, any federal, state, public or private medical benefits that are payable to the state hospital where the patient is receiving care and treatment or that are payable to the patient may be accepted by the state hospital without a court order, except that the state hospital shall not accept any benefits that alone or in addition to any amounts payable pursuant to subsection B of this section exceed the per capita cost for the patient.

D. The court, if necessary, may appoint a conservator of the patient to carry out this section. If a conservator is appointed, the clerk of the court shall file a certificate so stating. All proceedings relating to that conservatorship shall be had as provided by law for conservators of estates. The conservator shall pay the amount ordered by the court pursuant to subsection B of this section.

E. If the patient is a minor, the business manager of the state hospital shall inquire into the ability of the minor's parents to bear charges pursuant to this section. All obligations, charges and liens that may be imposed on a patient pursuant to this section shall be imposed on the minor's parents if it is determined that the parents have the ability to pay.

F. The charges fixed by the court as provided by this section and ordered paid by the patient or the patient's estate, on filing with the county recorder, become a lien on the property of the patient or the patient's estate.

G. The county attorney of each county, on an order of a judge of the superior court, shall enforce the lien and collect the charges from the person ordered to pay if the charges become delinquent.

H. Costs of examination, treatment and maintenance shall not be charged to any patient found by a court of competent jurisdiction to be unlawfully detained.

I. Notwithstanding section 36-545.02, the department shall deposit, pursuant to sections 35-146 and 35-147, monies collected through contracts entered into pursuant to section 36-3410 in the Arizona state hospital fund established by section 36-545.08. The department shall use these monies for the treatment of patients at the state hospital or for the placement of clients in the community.
A.R.S. § 36-2907.13 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.13
36-2907.13 Arizona health care cost containment system; teledentistry
Status: in_force

36-2907.13. Arizona health care cost containment system; teledentistry

In addition to services provided pursuant to section 36-2907, subsection A, paragraph 7, the Arizona health care cost containment system administration shall implement teledentistry services for enrolled members who are under twenty-one years of age.
A.R.S. § 36-3223 — Arizona Code / Title 36 / Chapter 32 / Article 2 / Section 3223
36-3223 Agents; powers and duties; removal; responsibility; fiduciaries
Status: in_force

36-3223. Agents; powers and duties; removal; responsibility; fiduciaries

A. The individual designated in a health care power of attorney to make health care decisions is an agent entitled to make and communicate these decisions while the principal is unable to do so.

B. An agent's authority to make health care decisions on behalf of the principal is limited only by the express language of the health care power of attorney or by court order as prescribed under section 36-3206.

C. The appointment of a person to act as an agent is effective until that authority is revoked by the principal or by court order.

D. A person whose license as a fiduciary has been suspended or revoked pursuant to section 14-5651 may not serve as an agent under a power of attorney in any capacity unless the person is related to the principal by blood, adoption or marriage.  This prohibition does not apply if the person's license has been reinstated and is in good standing.
A.R.S. § 36-2028 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2028
36-2028 Payment for treatment; financial ability of patient or guardian
Status: in_force

36-2028. Payment for treatment; financial ability of patient or guardian

A. A patient who is being treated by an approved treatment facility or the estate of the patient, or a person who is obligated to provide the cost of the evaluation and treatment and having sufficient financial ability, is liable to the approved treatment facility for the cost of evaluation and treatment of the patient.  For a person who is determined to be eligible for coverage through the Arizona health care cost containment system, financial liability shall be established in accordance with the rules established by the administration.

B. The administration shall adopt rules governing financial ability that take into consideration the income, savings and other personal and real property of the person required to pay as well as any support being furnished by that person to any person as required by law.  The rules shall comply with applicable federal requirements for cost sharing.

C. Each approved treatment facility shall furnish the administration with such information as it requires to enable it to establish and maintain a cost reporting system of the cost of the evaluation and treatment. Each approved treatment facility shall ensure that records are maintained containing such information and in such form as the administration requires for the purposes of this section.

D. The administration shall prepare and adopt patient fee schedules to be used by approved treatment facilities for services rendered to each patient who is determined to be eligible for coverage through the Arizona health care cost containment system and who is afflicted with alcoholism. In preparing patient fee schedules, the administration shall take into account the existing charges for available services. The administration is not prohibited from including the amount of expenditures for capital outlay in its determination of the fee schedules.
A.R.S. § 36-2905.02 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905.02
36-2905.02 Inpatient reimbursement; rural hospitals; definition
Status: in_force

36-2905.02. Inpatient reimbursement; rural hospitals; definition

A. If monies are appropriated for rural hospitals, the Arizona health care cost containment system administration shall request the centers for medicare and medicaid services to approve federal matching medicaid funding for the purposes specified in this section.

B. The administration shall distribute the available monies to increase inpatient reimbursement for qualifying rural hospitals.  At no time shall the reimbursement exceed the cost of providing care. The administration may make supplemental payments to qualifying rural hospitals based on utilization or adjust rates, established pursuant to section 36-2903.01, subsection G, for qualifying rural hospitals.  No adjustments to inpatient reimbursement under section 36-2903.01, subsection G to hospitals other than rural hospitals may be made as a result of this section.

C. For the purposes of this section, "rural hospital" means either:

1. A health care institution that is licensed as an acute care hospital, that has one hundred or fewer beds and that is located in a county with a population of less than five hundred thousand persons.

2. A health care institution that is licensed as a critical access hospital.
A.R.S. § 36-796.03 — Arizona Code / Title 36 / Chapter 6 / Article 11 / Section 796.03
36-796.03 Prohibited use of certain materials
Status: in_force

36-796.03. Prohibited use of certain materials

A person shall not use materials obtained from dump grounds, junkyards or hospitals within or outside this state to manufacture, repair, rework or renovate bedding or batting.
A.R.S. § 36-448.01 — Arizona Code / Title 36 / Chapter 4 / Article 8 / Section 448.01
36-448.01 Definitions
Status: in_force

36-448.01. Definitions

In this article, unless the context otherwise requires:

1. "Medication-assisted treatment" has the same meaning prescribed in section 32-3201.01.

2. "Pain management clinic":

(a) Means a health care institution or a private office or clinic of a health care provider licensed under title 32 in which a majority of the facility's patients in any month are prescribed opioids, benzodiazepines, barbiturates or carisoprodol, not including for medication-assisted treatment, by a health care provider from the health care institution or private office or clinic for more than ninety days in a twelve-month period.

(b) Does not include a hospital, urgent care center, ambulatory surgical center, hospice facility or nursing care institution.
A.R.S. § 36-207 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 207
36-207 Fingerprinting requirements; definition
Status: in_force

36-207. Fingerprinting requirements; definition

A. A state hospital employee or volunteer must have a valid fingerprint clearance card issued pursuant to section 41-1758.07 or must apply for a fingerprint clearance card within seven working days after beginning employment or performing volunteer work.  The employee or volunteer must certify on forms that are provided by the department and that are notarized that the person is not awaiting trial on or has never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section 41-1758.07, subsection B in this state or any similar offense in another state or jurisdiction.  A conviction after a plea of no contest is deemed to be a conviction for the purposes of this subsection.

B. The state hospital may not allow a person to be an employee or perform volunteer work if that person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55, subsection I.

C. For the purposes of this section, "state hospital" includes the Arizona community protection and treatment center.
A.R.S. § 36-2858 — Arizona Code / Title 36 / Chapter 28.2 / Section 2858
36-2858 Lawful operation of marijuana establishments and marijuana testing facilities
Status: in_force

36-2858. Lawful operation of marijuana establishments and marijuana testing facilities

(Caution:  1998 Prop. 105 applies)

A. Except as specifically and expressly provided in section 36-2857 and notwithstanding any other law, it is lawful and is not an offense under the laws of this state or any locality, may not constitute the basis for detention, search or arrest, and may not constitute the sole basis for seizure or forfeiture of assets or the basis for imposing penalties under the laws of this state or any locality for:

1. A marijuana establishment, or an agent acting on behalf of a marijuana establishment, to:

(a) Possess marijuana or marijuana products.

(b) Purchase, sell or transport marijuana and marijuana products to or from a marijuana establishment.

(c) Sell marijuana and marijuana products to consumers, except that a marijuana establishment may not sell more than one ounce of marijuana to a consumer in a single transaction, not more than five grams of which may be in the form of marijuana concentrate.

(d) Cultivate, produce, test or process marijuana or manufacture marijuana or marijuana products by any means, including chemical extraction or chemical synthesis.

2. An agent acting on behalf of a marijuana establishment to sell or otherwise transfer marijuana to an individual under twenty-one years of age, if the agent reasonably verified that the individual appeared to be twenty-one years of age or older by means of a government-issued photographic identification in compliance with rules adopted pursuant to section 36-2854, subsection A, paragraph 6.

3. A marijuana testing facility, or an agent acting on behalf of a marijuana testing facility, to obtain, possess, process, repackage, transfer, transport or test marijuana and marijuana products.

4. A nonprofit medical marijuana dispensary or a marijuana establishment, or an agent acting on behalf of a nonprofit medical marijuana dispensary or a marijuana establishment, to sell or otherwise transfer marijuana or marijuana products to a nonprofit medical marijuana dispensary, a marijuana establishment or an agent acting on behalf of a nonprofit medical marijuana dispensary or a marijuana establishment.

5. Any individual, corporation or other entity to sell, lease or otherwise allow property or goods that are owned, managed or controlled by the individual, corporation or other entity to be used for any activity authorized by this chapter, or to provide services to a marijuana establishment, or marijuana testing facility or agent acting on behalf of a marijuana establishment or marijuana testing facility in connection with any activity authorized by this chapter.

B. This section does not preclude the department from imposing penalties against a marijuana establishment or marijuana testing facility for failing to comply with this chapter or rules adopted pursuant to this chapter.

C. A marijuana establishment may be owned or operated by a publicly traded company.

D. Notwithstanding any other law, a dual licensee:

1. May hold a marijuana establishment license and operate a marijuana establishment pursuant to this chapter.

2. May operate on a for-profit basis if the dual licensee promptly notifies the department and department of revenue and takes any actions necessary to enable its for-profit operation, including converting its corporate form and amending its organizational and operating documents.

3. Must continue to hold both its marijuana establishment license and nonprofit medical marijuana dispensary registration, regardless of any change in ownership of the dual licensee, unless it terminates its status as a dual licensee and forfeits either its marijuana establishment license or nonprofit medical marijuana dispensary registration by notifying the department of such a termination and forfeiture.

4. Is not required to:

(a) Employ or contract with a medical director.

(b) Obtain nonprofit medical marijuana dispensary agent or marijuana facility agent registrations for outside vendors that do not have regular, unsupervised access to the interior of the dual licensee's premises.

(c) Have a single secure entrance as required by section 36-2806, subsection C, but may be required to implement appropriate security measures to deter and prevent the theft of marijuana and to reasonably regulate customer access to the premises.

(d) Comply with any other provision of chapter 28.1 of this title or any rule adopted pursuant to chapter 28.1 of this title that makes its operation as a dual licensee unduly burdensome.

E. Notwithstanding any other law, a dual licensee that elects to operate on a for-profit basis pursuant to subsection D, paragraph 2 of this section:

1. Is subject to the taxes imposed pursuant to title 43.

2. Is not required to submit its annual financial statements or an audit report to the department for purposes of renewing its nonprofit medical marijuana dispensary registration.

F. Notwithstanding any other law, a dual licensee must conduct both of the following operations at a shared location:

1. Sell marijuana and marijuana products to consumers pursuant to this chapter.

2. Dispense marijuana to registered qualifying patients and registered designated caregivers pursuant to chapter 28.1 of this title.

G. Notwithstanding chapter 28.1 of this title or any rule adopted pursuant to chapter 28.1 of this title, a dual licensee may engage in any act, practice, conduct or transaction allowed for a marijuana establishment by this chapter.

H. Notwithstanding any other law:

1. An individual may be an applicant, principal officer or board member of more than one marijuana establishment or more than one dual licensee regardless of the establishment's location.

2. Two or more marijuana establishments or dual licensees may designate a single off-site location as prescribed in section 36-2850, paragraph 21, subdivision (c) to be jointly used by those dual licensees or marijuana establishments.

I. Marijuana establishments, marijuana testing facilities and dual licensees that are subject to applicable federal or state antidiscrimination laws may not pay their employees differently based solely on a protected class status such as sex, race, color, religion, national origin, age or disability. This subsection does not expand or modify the jurisdictional reach, provisions or requirements of any applicable antidiscrimination law.
A.R.S. § 36-445.01 — Arizona Code / Title 36 / Chapter 4 / Article 5 / Section 445.01
36-445.01 Confidentiality of information; conditions of disclosure
Status: in_force

36-445.01. Confidentiality of information; conditions of disclosure

A. All proceedings, records and materials prepared in connection with the reviews provided for in section 36-445, including all peer reviews of individual health care providers practicing in and applying to practice in hospitals or outpatient surgical centers and the records of such reviews, are confidential and are not subject to discovery except in proceedings before the Arizona medical board or the board of osteopathic examiners, or in actions by an individual health care provider against a hospital or center or its medical staff arising from discipline of such individual health care provider or refusal, termination, suspension or limitation of the health care provider's privileges. No member of a committee established under the provisions of section 36-445 or officer or other member of a hospital's or center's medical, administrative or nursing staff engaged in assisting the hospital or center to carry out functions in accordance with that section or any person furnishing information to a committee performing peer review may be subpoenaed to testify in any judicial or quasi-judicial proceeding if the subpoena is based solely on those activities.

B. This article does not affect any patient's claim to privilege or privacy or to prevent the subpoena of a patient's medical records if they are otherwise subject to discovery or to restrict the powers and duties of the director pursuant to this chapter, with respect to records and information that are not subject to this article.  In any legal action brought against a hospital or outpatient surgical center licensed pursuant to this chapter claiming negligence for failure to adequately do peer review, representatives of the hospital or center are permitted to testify as to whether there was peer review as to the subject matter being litigated.  The contents and records of the peer review proceedings are fully confidential and inadmissible as evidence in any court of law.
A.R.S. § 36-2173 — Arizona Code / Title 36 / Chapter 21 / Article 1 / Section 2173
36-2173 Obstetrical practitioners; underserved areas; payment of insurance premiums; prioritization
Status: in_force

36-2173. Obstetrical practitioners; underserved areas; payment of insurance premiums; prioritization

A. A physician or an advance practice provider who provides obstetrical services in rural areas of this state may apply for and receive financial assistance to offset medical malpractice premium expenses.

B. To be qualified for assistance, a person shall apply to the department on a form and in a manner prescribed by the department and shall meet the following requirements:

1. Have current obstetrical delivery privileges at one or more hospitals that are located in rural areas of this state and that are not operated by the federal government.

2. Have a contract with the Arizona health care cost containment system administration for obstetrical services with one or more of the system's prepaid contractors.

3. Be licensed under title 32, chapter 13, 15, 17 or 25.

4. Personally incur malpractice insurance costs.

C. The department shall establish an index that uses indicators to determine a score for each applicant service area. These indicators shall include:

1. The availability of obstetrical services based on a population to provider ratio.

2. The area's geographic accessibility to obstetrical services.

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

D. The department shall identify physicians and advance practice providers who are practicing in medically underserved areas and shall notify them of the eligibility for assistance under this section. A physician or advance practice provider shall submit an application for assistance within thirty days of receiving the notification. The department shall offer assistance to qualified applicants based on the ranking of the area in which the applicant serves as established under subsection C of this section. The applicant shall enter into a contract with the department under which the applicant agrees to remain in practice in the specific area for one year. These contracts are exempt from the requirements of title 41, chapter 23.

E. Family physicians and advance practice providers who perform less than fifty-one deliveries per year and who are required to pay an additional premium to perform obstetrical services are eligible to receive an amount of not more than five thousand dollars. Family physicians and obstetricians who perform more than fifty deliveries per year are eligible to receive an amount of not more than ten thousand dollars.

F. The health care provider shall submit a report to the department that contains statistical information required by the department and that identifies the number of women to whom the provider has provided medical services during childbirth, the women's ages, the number of prenatal visits each woman received, the number of these women who are enrolled in the Arizona health care cost containment system and the women's insurance status.
A.R.S. § 36-2811 — Arizona Code / Title 36 / Chapter 28.1 / Section 2811
36-2811 Presumption of medical use of marijuana; protections; civil penalty
Status: in_force

36-2811. Presumption of medical use of marijuana; protections; civil penalty

(Caution:  1998 Prop. 105 applies)

A. There is a presumption that a qualifying patient or designated caregiver is engaged in the medical use of marijuana pursuant to this chapter.

1. The presumption exists if the qualifying patient or designated caregiver:

(a) Is in possession of a registry identification card.

(b) Is in possession of an amount of marijuana that does not exceed the allowable amount of marijuana.

2. The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying patient's debilitating medical condition or symptoms associated with the qualifying patient's debilitating medical condition pursuant to this chapter.

B. A registered qualifying patient or registered designated caregiver is not subject to arrest, prosecution or penalty in any manner, or denial of any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau:

1. For the registered qualifying patient's medical use of marijuana pursuant to this chapter, if the registered qualifying patient does not possess more than the allowable amount of marijuana.

2. For the registered designated caregiver assisting a registered qualifying patient to whom he is connected through the department's registration process with the registered qualifying patient's medical use of marijuana pursuant to this chapter if the registered designated caregiver does not possess more than the allowable amount of marijuana.

3. For offering or providing marijuana to a registered qualifying patient or a registered designated caregiver for the registered qualifying patient's medical use or to a registered nonprofit medical marijuana dispensary if nothing of value is transferred in return and the person giving the marijuana does not knowingly cause the recipient to possess more than the allowable amount of marijuana.

C. A physician shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Arizona board of medical examiners or by any other business, occupational or professional licensing board or bureau, based solely on providing written certifications or for otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition, but nothing in this chapter prevents a professional licensing board from sanctioning a physician for failing to properly evaluate a patient's medical condition or otherwise violating the standard of care for evaluating medical conditions.

D. No person may be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including any civil penalty or disciplinary action by a court or occupational or professional licensing board or bureau, for:

1. Providing a registered qualifying patient, a registered designated caregiver or a registered nonprofit medical marijuana dispensary with marijuana paraphernalia for purposes of a qualifying patient's medical use of marijuana.

2. Being in the presence or vicinity of the medical use of marijuana authorized under this chapter.

3. Assisting a registered qualifying patient with administering marijuana as authorized by this chapter.

E. A registered nonprofit medical marijuana dispensary is not subject to prosecution; search or inspection, except by the department pursuant to section 36-2806, subsection H; seizure or penalty in any manner and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or business licensing board or entity, for acting pursuant to this chapter and department regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marijuana or related supplies and educational materials to registered qualifying patients, to registered designated caregivers on behalf of registered qualifying patients or to other registered nonprofit medical marijuana dispensaries.

F. A registered nonprofit medical marijuana dispensary agent is not subject to arrest, prosecution, search, seizure or penalty in any manner and may not be denied any right or privilege, including civil penalty or disciplinary action by a court or occupational or professional licensing board or entity, for working or volunteering for a registered nonprofit medical marijuana dispensary pursuant to this chapter and department regulations to acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, sell or dispense marijuana or related supplies and educational materials to registered qualifying patients, to registered designated caregivers on behalf of registered qualifying patients or to other registered nonprofit medical marijuana dispensaries.

G. Property, including all interests in the property, otherwise subject to forfeiture under title 13, chapter 39, that is possessed, owned or used in connection with the medical use of marijuana authorized under this chapter or acts incidental to the medical use of marijuana authorized under this chapter, is not subject to seizure or forfeiture.  This subsection does not prevent civil forfeiture if the basis for the forfeiture is unrelated to the medical use of marijuana.

H. Mere possession of, or application for, a registry identification card may not constitute probable cause or reasonable suspicion, nor may it be used to support the search of the person or property of the person possessing or applying for the registry identification card.  The possession of, or application for, a registry identification card does not preclude the existence of probable cause if probable cause exists on other grounds.

I. No school, landlord or employer may be penalized or denied any benefit under state law for enrolling, leasing to or employing a registered qualifying patient or a registered designated caregiver.
A.R.S. § 36-2901.04 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.04
36-2901.04 Medical expense deduction eligibility process
Status: in_force

36-2901.04. Medical expense deduction eligibility process

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

B. To be eligible for the medical expense deduction program established pursuant to this section a person must meet the following requirements:

1. Have a family income that does not exceed forty per cent of the federal poverty guidelines after deducting allowable medical expenses.

2. Have family resources that do not exceed one hundred thousand dollars in net worth, including five thousand dollars in liquid assets.  The administration shall exclude one vehicle.

C. An applicant may use the allowable medical expenses of a member of the applicant's family unit to reduce income to the required income level prescribed in subsection A of this section.  The administration shall calculate income by using medical expenses that are not reimbursable by first or third party liability and that are incurred in a three month period beginning with the month before the month of application, the month of application and the following month.

D. To determine when spend down is met, the administration shall deduct from the applicant's family income incurred medical expenses sequentially beginning with the month before the month of application.

E. Eligibility is the date that spend down is met as determined by the department or the first day of the month of application, whichever is later.

F. The administration shall grant eligibility for five continuous months plus any remaining days starting with the first day of eligibility but not to exceed a maximum period of six months.
A.R.S. § 36-183.05 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 183.05
36-183.05 Violations; injunctive relief; civil penalties; consent decrees
Status: in_force

36-183.05. Violations; injunctive relief; civil penalties; consent decrees

A. If the director of a local health department, county environmental department or a public health services district has reasonable cause to believe that a person is violating this article, any sanitary ordinance or regulation adopted or order issued pursuant to this article or an order issued pursuant to section 36-602, the director through the county attorney may file an action in the superior court:

1. For a temporary restraining order, a preliminary or permanent injunction or any other appropriate relief necessary to enjoin the person from further violations and to protect public health or the environment.

2. To compel compliance with a nuisance abatement order or a compliance order, including the collection of civil penalties assessed under that order.

3. For civil penalties of not to exceed one thousand dollars a day but not more than ten thousand dollars for each violation.

B. In determining the amount of a civil penalty under this section, the court shall consider all of the following:

1. The seriousness of the violation.

2. As an aggravating factor only, any economic benefit that results from the violation.

3. The history of that violation.

4. The economic impact of the penalty on the violator.

5. Any good faith efforts to comply with the applicable requirements.

6. The duration of the violation as established by any credible evidence.

7. Payment by the violator of penalties previously assessed for the same violation.

8. Other factors affecting the public health and safety the court deems relevant.

C. The director of the local health department, county environmental department or a public health services district shall deposit all penalties collected pursuant to this section in the general fund of the county where the action was filed.

D. The director of a local health department, county environmental department or a public health services district may settle any action filed pursuant to this section by submitting a consent decree that is agreed to by the parties for approval by the superior court.
A.R.S. § 36-891 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 891
36-891 Civil penalty; inspection of centers; training program
Status: in_force

36-891. Civil penalty; inspection of centers; training program

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

B. In determining the civil penalty pursuant to subsection A, the department shall consider the following:

1. Repeated violations of statutes or rules.

2. Patterns of noncompliance.

3. Types of violations.

4. Severity of violations.

5. Potential for and occurrences of actual harm.

6. Threats to health and safety.

7. Number of children affected by the violations.

8. Number of violations.

9. Size of the facility.

10. Length of time during which violations have been occurring.

C. If a civil penalty imposed pursuant to subsection A is not paid, the attorney general or a county attorney shall file an action to collect the civil penalty in a justice court or the superior court in the county in which the violation occurred.

D. Unless a license is revoked or suspended, the director shall place the license of a child care facility subject to a civil penalty pursuant to subsection A on provisional license status for a period of time not to exceed six months in addition to other penalties imposed pursuant to this article.

E. Civil penalties collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

F. The department shall develop an instrument that documents compliance and noncompliance of child care facilities according to the criteria prescribed in its rules governing child care facility licensure.  Blank copies of the instrument, which shall be in standardized form, shall be made available to the public.

G. The director shall establish a child care facility training program to provide training for child care facilities and users of child care services, technical assistance materials for child care facilities and information to enhance consumer awareness.
A.R.S. § 36-1314 — Arizona Code / Title 36 / Chapter 11.1 / Article 1 / Section 1314
36-1314 Violation; classification
Status: in_force

36-1314. Violation; classification

(Caution:  1998 Prop. 105 applies)

An official, employee or agent of this state who blocks or attempts to block access of an eligible patient to an investigational drug, biological product or device is guilty of a class 1 misdemeanor.
A.R.S. § 36-2930.03 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930.03
36-2930.03 340B drug pricing; requirements; applicability; annual report; definitions
Status: in_force

36-2930.03. 340B drug pricing; requirements; applicability; annual report; definitions

A. Beginning the later of January 1, 2017 or on approval by the centers for medicare and medicaid services:

1. 340B covered entities shall submit point-of-sale prescription and physician-administered drug claims for members for drugs that are identified in the 340B pricing file, whether or not the drugs are purchased under the 340B drug pricing program.  The claims shall include a professional fee and the lesser of either:

(a) The actual acquisition cost.

(b) The 340B ceiling price.

2. The administration or a contractor shall reimburse claims for drugs that are identified in the 340B pricing file and that are dispensed by 340B covered entities or administered by 340B covered entity providers, whether or not the drugs are purchased under the 340B drug pricing program, at the amount submitted pursuant to paragraph 1 of this subsection plus a professional fee as determined by the administration unless a contract between the 340B covered entity and the administration or a contractor specifies a different professional fee.

3. The administration and its contractors may not reimburse any contracted pharmacy for drugs dispensed as part of the 340B drug pricing program. The administration and its contractors shall reimburse contracted pharmacies for drugs that are not purchased, dispensed or administered as part of or subject to the 340B drug pricing program.  A contracted pharmacy shall be reimbursed at the price and professional fee set forth in the contract between the contracted pharmacy and the administration or its contractors.

B. This section does not require the administration or its contractors to reimburse a pharmacy that does not have a contract with the administration or its contractors.

C. This section does not apply to licensed hospitals and outpatient facilities that are owned or operated by a licensed hospital.

D. On or before November 1, the administration shall report to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee regarding the technological feasibility and costs of applying this section to licensed hospitals and outpatient facilities that are owned or operated by a licensed hospital.

E. For the purposes of this section:

1. "340B ceiling price" means the maximum price that drug manufacturers may charge covered entities participating in the 340B drug pricing program as reported by the drug manufacturer to the United States department of health and human services.  The 340B ceiling price per unit is defined as the average manufacturer price minus the federal unit rebate amount.

2. "340B covered entity" means a covered entity as defined by 42 United States Code section 256b that participates in the 340B drug pricing program.

3. "340B drug pricing program" means the discount drug purchasing program described in 42 United States Code section 256b.

4. "Actual acquisition cost" means the purchase price of a drug paid by a pharmacy net of all discounts, rebates, chargebacks and other adjustments to the price of the drug, not including professional fees.

5. "Administration" has the same meaning prescribed in section 36-2901 and includes the administration's contracted pharmacy benefits manager.

6. "Contracted pharmacy" means a separate pharmacy with which a 340B covered entity contracts to provide comprehensive pharmacy services using medications that are subject to 340B drug pricing.

7. "Contractor" has the same meaning prescribed in section 36-2901 and includes a contractor's pharmacy benefits manager.

8. "Professional fee" means the amount paid for the professional services provided by the pharmacist for dispensing a prescription. Professional fee does not include any payment for the drug being dispensed.
A.R.S. § 36-2999.72 — Arizona Code / Title 36 / Chapter 29 / Article 7 / Section 2999.72
36-2999.72 Hospital assessment; rules; collection; enforcement
Status: in_force

36-2999.72. Hospital assessment; rules; collection; enforcement

(Conditionally Rpld.)

A. In addition to the assessment established pursuant to section 36-2901.08, beginning October 1, 2020, the director shall establish, administer and collect an assessment on hospital revenues, discharges or bed days with respect to inpatient or outpatient services, or both, for the purposes prescribed in section 36-2999.73.

B. The director shall adopt rules regarding the method for determining the assessment, the amount or rate of the assessment and modifications to or exemptions from the assessment.  The assessment is subject to approval by the centers for medicare and medicaid services to ensure that the assessment is not established or administered in a manner that causes a reduction in federal financial participation.

C. The director may establish modifications to or exemptions from the assessment.  In determining the modifications or exemptions, the director may consider such factors as the size of the hospital, the specialty services available to patients at the hospital and the geographic location of the hospital.

D. The director shall present any change to the hospital assessment methodology to the joint legislative budget committee for review.

E. The administration shall deposit, pursuant to sections 35-146 and 35-147, the monies collected pursuant to this section in the health care investment fund established by section 36-2999.73.

F. A hospital may not pass the cost of the assessment on to patients or third-party payors that are liable to pay for care on a patient's behalf. As part of its financial statement submissions pursuant to section 36-125.04, a hospital shall submit to the department of health services an attestation that it has not passed on the cost of the assessment to patients or third-party payors.

G. If a hospital does not comply with this section as prescribed by the director of the Arizona health care cost containment system, the director of the Arizona health care cost containment system may suspend or revoke the hospital's Arizona health care cost containment system provider agreement registration.  If the hospital does not comply within one hundred eighty days after the director of the Arizona health care cost containment system suspends or revokes the hospital's provider agreement, the director of the Arizona health care cost containment system shall notify the director of the department of health services, who shall suspend or revoke the hospital's license pursuant to section 36-427.
A.R.S. § 36-3104 — Arizona Code / Title 36 / Chapter 31 / Article 1 / Section 3104
36-3104 Methodology for allocating grant monies
Status: in_force

36-3104. Methodology for allocating grant monies

The department, in consultation with the federally designated statewide coalition to end sexual violence, shall develop a weighted methodology for allocating grant monies that considers all of the following:

1. The need for services.

2. Existing services.

3. Geographic location.

4. Population ratios.
A.R.S. § 36-1601 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1601
36-1601 Definitions
Status: in_force

36-1601. Definitions

In this article, unless the context otherwise requires:

1. "APA 87-1" means the American pyrotechnics association standard 87-1, standard for construction and approval for transportation of fireworks, novelties and theatrical pyrotechnics, December 1, 2001 version.

2. "Consumer firework" means small firework devices that contain restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and that comply with the construction, chemical composition and labeling regulations prescribed in 49 Code of Federal Regulations parts 172 and 173, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1.

3. "Display firework" means large firework devices that are explosive materials intended for use in fireworks displays and designed to produce visible or audible effects by combustion, deflagration or detonation as prescribed by 49 Code of Federal Regulations part 172, regulations of the United States consumer product safety commission as prescribed in 16 Code of Federal Regulations parts 1500 and 1507 and the APA 87-1.

4. "Fireworks":

(a) Means any combustible or explosive composition, substance or combination of substances, or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, that is a consumer firework or display firework.

(b) Does not include:

(i) Toy pistols, toy canes, toy guns or other devices in which paper caps containing not more than twenty-five hundredths grains of explosive compound are used if constructed so that the hand cannot come in contact with the cap when in place for the explosion.

(ii) Toy pistol paper caps that contain less than twenty-hundredths grains of explosive mixture, or fixed ammunition or primers therefor.

(iii) Federally deregulated novelty items that are known as snappers, snap caps, party poppers, glow worms, snakes, toy smoke devices and sparklers.

(iv) Permissible consumer fireworks.

5. "Governing body" means the board of supervisors of a county as to the area within the county but without the corporate limits of an incorporated city or town and means the governing body of an incorporated city or town as to the area within its corporate limits.

6. "NFPA 1124" means the national fire protection association code for the manufacture, transportation, storage, and retail sales of fireworks and pyrotechnic articles, 2013 edition as published in August 2012.

7. "Permissible consumer fireworks":

(a) Means the following types of consumer fireworks as defined by the APA 87-1:

(i) Ground and handheld sparkling devices.

(ii) Cylindrical fountains.

(iii) Cone fountains.

(iv) Illuminating torches.

(v) Wheels.

(vi) Ground spinners.

(vii) Flitter sparklers.

(viii) Toy smoke devices.

(ix) Wire sparklers or dipped sticks.

(x) Multiple tube ground and handheld sparkling devices, cylindrical fountains, cone fountains and illuminating torches manufactured in accordance with section 3.5 of the APA 87-1.

(b) Includes, in a county with a population of more than five hundred thousand persons, adult snappers. For the purposes of this subdivision, "adult snapper" means a device that consists of a paper-wrapped or plastic tube that does not contain a fuse and produces a single report and meets all applicable requirements for fuseless firecrackers as defined by the consumer product safety commission and the American fireworks safety laboratory.

(c) Does not include anything that is designed or intended to rise into the air and explode or to detonate in the air or to fly above the ground, including firework items defined by the APA 87-1 and known as firecrackers, bottle rockets, sky rockets, missile-type rockets, helicopters, aerial spinners, torpedoes, roman candles, mine devices, shell devices and aerial shell kits or reloadable tubes.

8. "Person" includes an individual, partnership, firm or corporation.
A.R.S. § 36-2321 — Arizona Code / Title 36 / Chapter 23 / Article 3 / Section 2321
36-2321 Definitions
Status: in_force

36-2321. Definitions

In this article, unless the context otherwise requires:

1. "Abortion" has the same meaning prescribed in section 36-2151.

2. "Attempt to perform or induce an abortion" means to do or to omit doing anything that, under the circumstances as the physician believes them to be, is an act or omission that constitutes a substantial step in a course of conduct planned to culminate in the performance or induction of an abortion in violation of this article.

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

4. "Gestational age" or "probable gestational age" means the age of an unborn human being as calculated from the first day of the last menstrual period of the pregnant woman.

5. "Human being" means an individual member of the species homo sapiens, from and after the point of conception.

6. "Major bodily function" includes functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

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

8. "Physician" means a person who is licensed pursuant to title 32, chapter 13 or 17.
A.R.S. § 36-2204 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2204
36-2204 Medical control
Status: in_force

36-2204. Medical control

The medical director of the statewide emergency medical services and trauma system, the emergency medical services council and the medical direction commission shall recommend to the director the following standards and criteria that pertain to the quality of emergency patient care:

1. Statewide standardized training, certification and recertification standards for all classifications of emergency medical care technicians.

2. A standardized and validated testing procedure for all classifications of emergency medical care technicians.

3. Medical standards for certification and recertification of training programs for all classifications of emergency medical care technicians.

4. Standardized continuing education criteria for all classifications of emergency medical care technicians.

5. Medical standards for certification and recertification of certified emergency receiving facilities and advanced life support base hospitals and approval of physicians providing medical control or medical direction for any classification of emergency medical care technicians who are required to be under medical control or medical direction.

6. Standards and mechanisms for monitoring and ongoing evaluation of performance levels of all classifications of emergency medical care technicians, emergency receiving facilities and advanced life support base hospitals and approval of physicians providing medical control or medical direction for any classification of emergency medical care technicians who are required to be under medical control or medical direction.

7. Objective criteria and mechanisms for decertification of all classifications of emergency medical care technicians, emergency receiving facilities and advanced life support base hospitals and for disapproval of physicians providing medical control or medical direction for any classification of emergency care technicians who are required to be under medical control or medical direction.

8. Medical standards for nonphysician prehospital treatment and prehospital triage of patients requiring emergency medical services.

9. Standards for emergency medical dispatcher training, including prearrival instructions. For the purposes of this paragraph, "emergency medical dispatch" means the receipt of calls requesting emergency medical services and the response of appropriate resources to the appropriate location.

10. Standards for a quality assurance process for components of the statewide emergency medical services and trauma system, including standards for maintaining the confidentiality of the information considered in the course of quality assurance and the records of the quality assurance activities pursuant to section 36-2403.

11. Standards for ambulance service and medical transportation that give consideration to the differences between urban, rural and wilderness areas.

12. Standards to allow an ambulance to transport a patient to a health care institution that is licensed as a special hospital and that is physically connected to an emergency receiving facility.
A.R.S. § 36-510.01 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 510.01
36-510.01 Notice; personal service of process
Status: in_force

36-510.01. Notice; personal service of process

A. A person who is ordered to undergo involuntary evaluation has the right to receive by personal service the documents specified in section 36-529, subsection E.  A person who is the subject of a petition for court-ordered treatment has the right to receive by personal service the documents specified in section 36-536, subsection D.  Personal service shall be completed by a peace officer, a process server or another person authorized by rule 4, Arizona rules of civil procedure, personally handing the documents to the person receiving service. The person who serves the specified documents must file a proof of service with the court that specifies the date, time and manner of service.

B. A county, city or town that employs peace officers may contract with a process server or another person authorized by rule 4, Arizona rules of civil procedure, to provide service pursuant to this section instead of service by a peace officer.

C. An evaluation agency is not financially responsible for serving the documents required by section 36-529, subsection E or section 36-536, subsection D.
A.R.S. § 36-1425 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1425
36-1425 Inconsistencies of article with other law
Status: in_force

36-1425. Inconsistencies of article with other law

Insofar as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling.
A.R.S. § 36-3904 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3904
36-3904 Location
Status: in_force

36-3904. Location

Every children's camp shall be located on well-drained ground near an adequate safe water supply.
A.R.S. § 36-2906 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2906
36-2906 Qualified plan health services contracts; proposals; administration
Status: in_force

36-2906. Qualified plan health services contracts; proposals; administration

A. The administration shall:

1. Supervise the administrator.

2. Review the proposals.

3. Award contracts.

B. The director shall prepare and issue a request for proposal, including a proposed contract format, in each of the counties of this state, at least once every five years, to qualified group disability insurers, hospital and medical service corporations, health care services organizations and any other qualified public or private persons, including county-owned and operated health care facilities. The contracts shall specify the administrative requirements, the delivery of medically necessary services and the subcontracting requirements.

C. The director shall adopt rules regarding the request for proposal process that provide:

1. For definition of proposals in the following categories subject to the following conditions:

(a) Inpatient hospital services.

(b) Outpatient services, including emergency dental care, and early and periodic health screening and diagnostic services for children.

(c) Pharmacy services.

(d) Laboratory, x-ray and related diagnostic medical services and appliances.

2. Allowance for the adjustment of such categories by expansion, deletion, segregation or combination in order to secure the most financially advantageous proposals for the system.

3. An allowance for limitations on the number of high risk persons that must be included in any proposal.

4. For analysis of the proposals for each geographic service area as defined by the director to ensure the provision of health and medical services that are required to be provided throughout the geographic service area pursuant to section 36-2907.

5. For the submittal of proposals by a group disability insurer, a hospital and medical service corporation, a health care services organization or any other qualified public or private person intending to submit a proposal pursuant to this section.  Each qualified proposal shall be entered with separate categories for the distinct groups of persons to be covered by the proposed contracts, as set forth in the request for proposal.

6. For the procurement of reinsurance for expenses incurred by any contractor or member or the system in providing services in excess of amounts specified by the director in any contract year. The director shall adopt rules to provide that the administrator may specify guidelines on a case by case basis for the types of care and services that may be provided to a person whose care is covered by reinsurance. The rules shall provide that if a contractor does not follow specified guidelines for care or services and if the care or services could be provided pursuant to the guidelines at a lower cost the contractor is entitled to reimbursement as if the care or services specified in the guidelines had been provided.

7. For the awarding of contracts to contractors with qualified proposals determined to be the most advantageous to the state for each of the counties in this state.  A contract may be awarded that provides services only to persons defined as eligible pursuant to section 36-2901, paragraph 6, subdivision (b), (c), (d) or (e). The director may provide by rule a second round competitive proposal procedure for the director to request voluntary price reduction of proposals from only those that have been tentatively selected for award, before the final award or rejection of proposals.

8. For the requirement that any proposal in a geographic service area provide for the full range of system covered services.

9. For the option of the administration to waive the requirement in any request for proposal or in any contract awarded pursuant to a request for proposal for a subcontract with a hospital for good cause in a county or area including but not limited to situations when such hospital is the only hospital in the health service area. In any situation where the subcontract requirement is waived, no hospital may refuse to treat members of the system admitted by primary care physicians or primary care practitioners with hospital privileges in that hospital. In the absence of a subcontract, the reimbursement level shall be at the levels specified in section 36-2904, subsection H or I.

D. Reinsurance may be obtained against expenses in excess of a specified amount on behalf of any individual for system covered emergency or inpatient services either through the purchase of a reinsurance policy or through a system self-insurance program as determined by the director. Reinsurance, subject to the approval of the director, may be obtained against expenses in excess of a specified amount on behalf of any individual for outpatient services either through the purchase of a reinsurance policy or through a system self-insurance program as determined by the director.

E. Notwithstanding the other provisions of this section, the administration may procure, provide or coordinate system covered services by interagency agreement with authorized agencies of this state or with a federal agency for distinct groups of eligible persons, including persons eligible for children's rehabilitative services through the department of economic security and persons eligible for comprehensive medical and dental program services through the department of child safety.

F. Contracts shall be awarded as otherwise provided by law, except that in no event may a contract be awarded to any respondent that will cause the system to lose any federal monies to which it is otherwise entitled.

G. After contracts are awarded pursuant to this section, the director may negotiate with any successful proposal respondent for the expansion or contraction of services or service areas if there are unnecessary gaps or duplications in services or service areas.
A.R.S. § 36-271 — Arizona Code / Title 36 / Chapter 2 / Article 4 / Section 271
36-271 Definitions
Status: in_force

36-271. Definitions

In this article, unless the context otherwise requires:

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

2. "Disease" means a condition or disorder that causes the human body to deviate from its normal or healthy state and that has no known general cure or adequate medically accepted treatment.

3. "Medically accepted treatment" means a methodology or protocol recognized by the American medical association, the American college of surgeons or the national cancer institute or taught by an approved school of medicine as defined in section 32-1401 as a treatment that results in the restoration of the human body to a normal or healthy state.
A.R.S. § 36-3606 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3606
36-3606 Interstate telehealth services; registration; requirements; venue; exceptions
Status: in_force

36-3606. Interstate telehealth services; registration; requirements; venue; exceptions

A. A health care provider who is not licensed in this state may provide telehealth services to a person located in this state if the health care provider complies with all of the following:

1. Registers with this state's applicable health care provider regulatory board or agency that licenses comparable health care providers in this state on an application prescribed by the board or agency that contains all of the following:

(a) The health care provider's name.

(b) Proof of the health care provider's professional licensure, including all United States jurisdictions in which the provider is licensed and the license numbers.  Verification of licensure in another state shall be made through information obtained from the applicable regulatory board's website.

(c) The health care provider's address, email address and telephone number, including information if the provider needs to be contacted urgently.

(d) Evidence of professional liability insurance coverage.

(e) Designation of a duly appointed statutory agent for service of process in this state.

2. Before prescribing a controlled substance to a patient in this state, registers with the controlled substances prescription monitoring program established pursuant to chapter 28 of this title.

3. Pays the registration fee as determined by the applicable health care provider regulatory board or agency.

4. Holds a current, valid and unrestricted license to practice in another state that is substantially similar to a license issued in this state to a comparable health care provider and is not subject to any past or pending disciplinary proceedings in any jurisdiction.  The health care provider shall notify the applicable health care provider regulatory board or agency within five days after any restriction is placed on the health care provider's license or any disciplinary action is initiated or imposed. The health care provider regulatory board or agency registering the health care provider may use the national practitioner databank to verify the information submitted pursuant to this paragraph.

5. Acts in full compliance with all applicable laws and rules of this state, including scope of practice, laws and rules governing prescribing, dispensing and administering prescription drugs and devices, telehealth requirements and the best practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607.

6. Complies with all existing requirements of this state and any other state in which the health care provider is licensed regarding maintaining professional liability insurance, including coverage for telehealth services provided in this state.

7. Consents to this state's jurisdiction for any disciplinary action or legal proceeding related to the health care provider's acts or omissions under this article.

8. Follows this state's standards of care for that particular licensed health profession.

9. Annually updates the health care provider's registration for accuracy and submits to the applicable health care provider regulatory board or agency a report with the number of patients the provider served in this state and the total number and type of encounters in this state for the preceding year.

B. A health care provider who is registered pursuant to this section may not:

1. Open an office in this state, except as part of a multistate provider group that includes at least one health care provider who is licensed in this state through the applicable health care provider regulatory board or agency.

2. Provide in-person health care services to persons located in this state without first obtaining a license through the applicable health care provider regulatory board or agency.

C. A health care provider who fails to comply with the applicable laws and rules of this state is subject to investigation and both nondisciplinary and disciplinary action by the applicable health care provider regulatory board or agency in this state. For the purposes of disciplinary action by the applicable health care provider regulatory board or agency in this state, all statutory authority regarding investigating, rehabilitating and educating health care providers may be used.  If a health care provider fails to comply with the applicable laws and rules of this state, the applicable health care provider regulatory board or agency in this state may revoke or prohibit the health care provider's privileges in this state, report the action to the national practitioner database and refer the matter to the licensing authority in the state or states where the health care provider possesses a professional license.  In any matter or proceeding arising from such a referral, the applicable health care provider regulatory board or agency in this state may share any related disciplinary and investigative information in its possession with another state licensing board.

D. The venue for any civil or criminal action arising from a violation of this section is the patient's county of residence in this state.

E. A health care provider who is not licensed to provide health care services in this state but who holds an active license to provide health care services in another jurisdiction and who provides telehealth services to a person located in this state is not subject to the registration requirements of this section if either of the following applies:

1. The services are provided under one of the following circumstances:

(a) In response to an emergency medication condition.

(b) In consultation with a health care provider who is licensed in this state and who has the ultimate authority over the patient's diagnosis and treatment.

(c) To provide after-care specifically related to a medical procedure that was delivered in person in another state.

(d) To a person who is a resident of another state and the telehealth provider is the primary care provider or behavioral health provider located in the person's state of residence.

2. The health care provider provides fewer than ten telehealth encounters in a calendar year.
A.R.S. § 36-976 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 976
36-976 Construction; materials
Status: in_force

36-976. Construction; materials

A. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant, nonabsorbent, smooth, easily cleanable and durable under conditions of normal use. Product modules and utensils shall not impart odors, color, taste or contamination to the food.

B. Product modules shall be easily removable from the display unit for servicing unless they can be effectively cleaned and sanitized without removal by a procedure that will not contaminate bulk food or related equipment.

C. Surfaces of product module display units and all display equipment not intended for food contact, but exposed to food debris or other soiling, shall be nonabsorbent, smooth, easily cleanable, durable under conditions of normal use and free of unnecessary ledges, projections and crevices. Tethers, if used, shall be easily removable for cleaning.
A.R.S. § 36-796.04 — Arizona Code / Title 36 / Chapter 6 / Article 11 / Section 796.04
36-796.04 Sterilization, disinfection and disinfestation of bedding and materials
Status: in_force

36-796.04. Sterilization, disinfection and disinfestation of bedding and materials

A. A person shall not sell or include in a sale any item of secondhand bedding or any item of bedding of any type manufactured in whole or in part from secondhand material, including the component parts or wiping rags, unless the secondhand material has been treated, cleaned and disinfected.

B. A person shall not use in the manufacture, repair and renovation of bedding of any type any material that has been used by a person with an infectious or contagious disease or that is filthy or oily or harbors loathsome insects or pathogenic bacteria.

C. A person shall not sell or include in a sale any material or bedding that under the provisions of this article requires treatment unless there is securely attached a yellow tag not less than twelve square inches, made of substantial cloth or a material of equal quality and on which there is plainly printed, in black ink, in English the following information:

1. That the item or material has been treated and the method of treatment applied.

2. The lot number and the tag number of the item treated.

3. The license number of the person who applied the treatment.

4. The name and address of the person for whom the item was treated.

D. Every manufacturer, renovator, rebuilder, repairer or sanitizer of used bedding shall remove the outer fabric, the inner foam, the pad, and any other fabric and any other textile product, material or component and shall inspect each item for soiling, malodor and pest infestation prior to the sale or distribution of the bedding product.  If any material or component of used bedding is soiled, malodorous or infested, that material or component cannot be reused, sold or distributed for use in any bedding product.
A.R.S. § 36-3605 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3605
36-3605 Health care providers; determination of telehealth medium
Status: in_force

36-3605. Health care providers; determination of telehealth medium

Consistent with the best practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607, a health care provider shall make a good faith effort in determining both of the following:

1. Whether a health care service should be provided through telehealth instead of in person.  The health care provider shall use the health care provider's clinical judgment in considering whether the nature of the services necessitates physical interventions and close observation and the circumstances of the patient, including diagnosis, symptoms, history, age, physical location and access to telehealth.

2. The communication medium of telehealth and, whenever reasonably practicable, the telehealth communication medium that allows the health care provider to most effectively assess, diagnose and treat the patient.  Factors the health care provider may consider in determining the communication medium include the patient's lack of access to or inability to use technology or limits in telecommunication infrastructure necessary to support interactive telehealth encounters.
A.R.S. § 36-4103 — Arizona Code / Title 36 / Chapter 41 / Article 1 / Section 4103
36-4103 Annual report
Status: in_force

36-4103. Annual report

On or before October 1 of each year, the department shall provide an annual report to the governor, the speaker of the house of representatives and the president of the senate that includes information from each trauma recovery center that receives grant monies pursuant to this article on the population served.  The department shall provide a copy of the report to the secretary of state.
A.R.S. § 36-410 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 410
36-410 County standards and guidelines; delegation
Status: in_force

36-410. County standards and guidelines; delegation

A. The director shall provide counties with nonbinding guidelines for their use in establishing contract standards for adult foster care providers that do not provide services pursuant to chapter 29, article 2 of this title. These nonbinding guidelines shall include standards for the self-administration of drugs that the foster care provider shall follow in conjunction with home health services and outpatient services.

B. The director shall adopt rules that the counties or the Arizona health care cost containment system administration shall use in prescribing minimum standards for adult foster care providers that provide services pursuant to chapter 29, article 2 of this title. The director shall conform these rules with federally approved applicable standards for adult foster care homes. The director shall delegate the authority to enforce these rules to each county that accepts this delegation or to the Arizona health care cost containment system administration. The department shall monitor an adult foster care program to ensure compliance with department rules. If a county or the Arizona health care cost containment system administration does not accept the delegation, the department shall certify and monitor an adult foster care home pursuant to section 36-409 if that home seeks to participate in the Arizona long-term care system pursuant to chapter 29, article 2 of this title.
A.R.S. § 36-342 — Arizona Code / Title 36 / Chapter 3 / Article 4 / Section 342
36-342 Disclosure of information; prohibition
Status: in_force

36-342. Disclosure of information; prohibition

A. The state registrar may provide information contained in vital records to persons, including federal, state, local and other agencies, as required by law and for statistical or research purposes.

B. Except as authorized by law, a local registrar, a deputy local registrar or the state registrar or their employees shall not:

1. Permit inspection of a vital record or evidentiary document supporting the vital record.

2. Disclose information contained in a vital record.

3. Transcribe or issue a copy of all or part of a vital record.
A.R.S. § 36-2322 — Arizona Code / Title 36 / Chapter 23 / Article 3 / Section 2322
36-2322 Gestational limit on abortion; medical emergency exception; physician reports; confidentiality
Status: in_force

36-2322. Gestational limit on abortion; medical emergency exception; physician reports; confidentiality

A. Except in a medical emergency, a physician may not perform, induce or attempt to perform or induce an abortion unless the physician or the referring physician has first made a determination of the probable gestational age of the unborn human being and documented that gestational age in the maternal patient's chart and, if required, in a report required to be filed with the department as set forth in subsection C of this section. The determination of probable gestational age shall be made according to standard medical practices and techniques used in the medical community.

B. Except in a medical emergency, a physician may not intentionally or knowingly perform, induce or attempt to perform or induce an abortion if the probable gestational age of the unborn human being has been determined to be greater than fifteen weeks.

C. In every case in which a physician performs or induces an abortion on an unborn human being whose gestational age is greater than fifteen weeks, the physician, within fifteen days after the abortion, shall file with the department, on a form supplied by the department, a report containing all of the following:

1. The date the abortion was performed.

2. Specific method of abortion used.

3. The probable gestational age of the unborn human being and the method used to calculate gestational age.

4. A statement that the abortion was necessary because of a medical emergency.

5. The specific medical indications supporting the determination that a medical emergency existed.

6. The probable health consequences of the abortion.

7. The physician's signature as the physician's attestation under oath that the information stated is true and correct to the best of the physician's knowledge.

D. Reports required and submitted pursuant to subsection C of this section may not contain the name of the maternal patient on whom the abortion was performed or any other information or identifiers that would make it possible to identify, in any manner or under any circumstances, a woman who obtained or sought to obtain an abortion.
A.R.S. § 36-3105 — Arizona Code / Title 36 / Chapter 31 / Article 1 / Section 3105
36-3105 Annual report
Status: in_force

36-3105. Annual report

On or before October 1 of each year, the department shall provide an annual report to the governor, the speaker of the house of representatives and the president of the senate that includes information from each sexual violence service provider that receives grant monies pursuant to this article on the population served.  In preparing the report the department shall consult with the federally designated statewide coalition to end sexual violence. The department shall provide a copy of this report to the secretary of state.
A.R.S. § 36-895 — Arizona Code / Title 36 / Chapter 7.1 / Article 3 / Section 895
36-895 Licensing and monitoring of child care facilities; financial agreements
Status: in_force

36-895. Licensing and monitoring of child care facilities; financial agreements

A. The department of health services shall license child care facilities and monitor their operation to ensure that the level of care being provided is adequate. The department of economic security shall not duplicate the monitoring functions of the department of health services and shall accept the decisions of the department of health services concerning compliance with licensing standards.

B. The department of economic security may prepare and enter into financial agreements with child care providers as defined in section 46-801.
A.R.S. § 36-446.04 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.04
36-446.04 Qualifications; period of validity; exemption
Status: in_force

36-446.04. Qualifications; period of validity; exemption

A. The board shall issue a license as a nursing care institution administrator pursuant to its rules to any person who meets the following qualifications:

1. Has satisfactorily completed a course of instruction and training approved by the board that:

(a) Is designed and sufficiently administered to give the applicant knowledge of the proper needs to be served by nursing care institutions.

(b) Includes a thorough background in the laws and rules governing the operation of nursing care institutions and the protection of the interests of the patients in nursing care institutions.

(c) Includes thorough training in elements of good health care facilities administration.

2. Has passed an examination administered by the board designed to test for competency in the subject matter referred to in this subsection.

3. Has met one of the following fingerprinting requirements:

(a) Has a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and has not been convicted of any felony involving violence or financial fraud.

(b) Has provided proof of the submission of an application for a fingerprint clearance card. An applicant who has been denied a fingerprint clearance card must also provide proof that the applicant qualifies for a good cause exception hearing pursuant to section 41-619.55 and has not been convicted of any felony involving violence or financial fraud.

B. A person who is licensed pursuant to this section must maintain a valid fingerprint clearance card during the valid period of the person's license.

C. The board shall issue a certificate as an assisted living facility manager pursuant to its rules to a person who meets the following qualifications:

1. Has satisfactorily completed a course of instruction and training approved by the board that:

(a) Is designed and sufficiently administered to give the applicant knowledge of the proper needs to be served by an assisted living facility.

(b) Includes a thorough background in the laws governing the operation of assisted living facilities and the protection of the interests of the patients in assisted living facilities.

(c) Includes thorough training in elements of assisted living facility administration.

2. Has passed an examination administered by the board that is designed to test for competency in the subject matter prescribed in this subsection.

3. Provides documentation satisfactory to the board that the applicant has completed two thousand eighty hours of paid work experience in a health related field within the preceding five years as prescribed by board rule.

4. Has met one of the following fingerprinting requirements:

(a) Has a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 and has not been convicted of any felony involving violence or financial fraud.

(b) Has provided proof of the submission of an application for a fingerprint clearance card. An applicant who has been denied a fingerprint clearance card must also provide proof that the applicant qualifies for a good cause exception hearing pursuant to section 41-619.55 and has not been convicted of any felony involving violence or financial fraud.

D. Notwithstanding any other provision of this article, beginning July 1, 2021, all new licenses and certifications issued by the board must be approved by both the board and the department of health services.

E. A person who is certified pursuant to this section must maintain a valid fingerprint clearance card during the valid period of the person's certificate.

F. In lieu of the requirements contained in subsection A, paragraph 1 or subsection C, paragraph 1 of this section, an applicant may present satisfactory evidence to the board of sufficient education and training in the areas listed in the respective paragraph.

G. A license is nontransferable and remains in effect until thirty days after the licensee's birthday of an even-numbered year, at which time the license may be renewed if the licensee otherwise complies with this article and the license has not been surrendered, suspended or revoked.

H. A certificate is nontransferable and remains in effect until thirty days after the certificate holder's birthday of an odd-numbered year, at which time the certificate may be renewed if the certificate holder otherwise complies with this article and the certificate has not been surrendered, suspended or revoked.

I. This section does not apply to managers of adult foster care homes as defined in section 36-401.
A.R.S. § 36-932 — Arizona Code / Title 36 / Chapter 8 / Article 2 / Section 932
36-932 Labeling; food handler certification; sale and delivery requirements
Status: in_force

36-932. Labeling; food handler certification; sale and delivery requirements

A. Cottage food products must be packaged at home with an attached label in a clear and legible printed or handwritten font that does all of the following:

1. Clearly states the name and registration number of the food preparer.

2. Lists all the ingredients in the cottage food product and the cottage food product's production date.

3. Includes the following statement:  "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection."

4. If the cottage food product was made in a facility for individuals with developmental disabilities, discloses that fact.

5. Includes a website address provided by the department that includes all of the following:

(a) Contact information for consumers to report foodborne illnesses.

(b) Information on how to verify a food preparer's active registration status.

(c) Contact information for reporting issues regarding a food preparer's registration status.

B. If a cottage food product is offered for sale online, the food preparer must provide a prominent notification that includes all of the following:

1. The name and registration number of the food preparer.

2. A list of all ingredients in the cottage food product and the cottage food product's production date.

3. The following statement:  "This product was produced in a home kitchen that may come in contact with common food allergens and pet allergens and is not subject to public health inspection."

4. A website address provided by the department that includes all of the following:

(a) Contact information for consumers to report foodborne illnesses.

(b) Information on how to verify a food preparer's active registration status.

(c) Contact information for reporting issues regarding a food preparer's registration status.

C. The person preparing the cottage food product or directly supervising the food preparation must complete a food handler training course from an accredited program and maintain active certification. The food preparer must register with the online registry established by the department pursuant to section 36-136, subsection I, paragraph 13. The food preparer must display the preparer's certificate of registration when operating as a temporary food establishment.

D. A food preparer:

1. Except as otherwise provided in this article, may sell cottage food products to the maximum extent allowed by federal law.

2. May not store cottage food products or food preparation equipment outside of the food preparer's home.

E. Cottage food products may be sold and delivered only under the following conditions:

1. Cottage food products that do not contain dairy, meat or poultry must be sold by the food preparer of the cottage food product or an agent of the food preparer, including a third-party vendor, and delivered to the consumer by the food preparer, the agent of the food preparer, the third-party vendor or a third-party carrier.

2. Cottage food products that are dairy products or that contain meat or poultry must be sold by the food preparer of the cottage food product in person or remotely, including over the internet but excluding third-party food delivery platforms, and delivered to the consumer in person.

3. If a cottage food product is potentially hazardous or requires time or temperature control for safety and is transported before final delivery to consumers, the cottage food product must be maintained at an appropriate temperature during transport, cannot be transported more than once and cannot be transported for longer than two hours.

4. If a cottage food product is sold by a third-party vendor, the cottage food product must be sold in a separate section of the store or on a separate display case from nonhomemade food items and the vendor must display a sign that indicates that the cottage food products are homemade and exempt from state licensing and inspection.

F. A cottage food product may not:

1. Be used as an ingredient in food products sold at a permitted retail food establishment.

2. Include marijuana or marijuana by-products.

G. A cottage food product shall contain only ingredients that are from sources that are approved by law.

H. A home kitchen that is used to prepare cottage food products may not operate as a commissary for the purposes of section 36-1761.
A.R.S. § 36-2950 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2950
36-2950 Services to persons with disabilities; eligibility; premiums
Status: in_force

36-2950. Services to persons with disabilities; eligibility; premiums

A. Subject to the approval of the centers for medicare and medicaid services, beginning on January 1, 2002, the Arizona health care cost containment system administration shall provide services pursuant to this article to any person with a disability who is defined as eligible pursuant to section 36-2931, paragraph 5, subdivision (d), who meets the income requirements of subsection B of this section and who has too much income or resources to qualify for the system pursuant to section 36-2934.

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

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

D. The administration shall develop and implement a process for eligibility determinations for persons who apply for eligibility and annual redeterminations for continued eligibility.  The administration shall also develop and implement a process to determine medically improved disabilities. The administration may enter into an intergovernmental agreement with the department of economic security or may contract with participating health plans to conduct eligibility determinations or redeterminations.  The administration may not use a resource test to determine or redetermine eligibility.
A.R.S. § 36-716 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 716
36-716 Payment of assistance
Status: in_force

36-716. Payment of assistance

A. An afflicted person who is under medical treatment for tuberculosis prior to release for employment and who needs or whose family needs financial assistance shall be referred to the department of economic security for determination of financial assistance eligibility.

B. The department of economic security shall determine and furnish assistance that is necessary to provide adequate support for those who have a legal claim for support or care from the afflicted person and for that person if the tuberculosis control officer or local health officer has approved that person or a member or members of that person's family for assistance.
A.R.S. § 36-441 — Arizona Code / Title 36 / Chapter 4 / Article 4 / Section 441
36-441 Health care utilization committees; immunity; exception; definition
Status: in_force

36-441. Health care utilization committees; immunity; exception; definition

A. A person who without malice makes a decision or recommendation as a member, agent or employee of a health care utilization committee or who furnishes any records, information or assistance to that committee at its request is not subject to liability for civil damages or any legal action in consequence of that action.  In any such action, the absence of malice is presumed. This presumption may be overcome only by a showing of clear and convincing evidence.  This section does not relieve a person of liability arising from treatment of a patient.  For the purposes of this subsection, "malice" means evil intent and outrageous, oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others.

B. All proceedings, records and materials prepared in connection with the activities of a health care utilization committee are confidential and are not subject to discovery except:

1. In proceedings before the Arizona medical board or the board of osteopathic examiners.

2. In actions by an individual health care provider against the health care institution or outpatient surgical center arising from the discipline or other adverse action taken against the individual as a result of utilization review.

C. No member of a utilization review committee, person engaged in assisting the committee or person furnishing information to the committee may be subpoenaed to testify in a judicial or quasi-judicial proceeding if the subpoena is based solely on the utilization review committee's activities.

D. This section does not:

1. Affect a patient's claim to privilege or privacy.

2. Prevent the subpoena of a patient's medical records if they are otherwise subject to discovery.

3. Restrict the powers and duties of the director pursuant to this chapter with respect to records and information that are not subject to this section.

E. In a legal action brought against a hospital or outpatient surgical center for failure to adequately perform utilization review, representatives of the facility may testify as to whether there was utilization review with respect to the subject matter of the litigation.

F. All proceedings, records and materials prepared in connection with utilization review are confidential and inadmissible as evidence in a court proceeding.

G. For the purposes of this section, "health care utilization committee" means a committee established by a hospital or an outpatient surgical center to review or evaluate the utilization, appropriateness and necessity of health care services provided by that facility.
A.R.S. § 36-2203 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2203
36-2203 Emergency medical services council; membership; delayed repeal
Status: repealed

36-2203. Emergency medical services council; membership; delayed repeal

(Rpld. 1/2/28)

A. The emergency medical services council is established. The medical director of the emergency medical services and trauma system shall chair the council. The council is composed of the director of the department of public safety and the governor's highway safety coordinator, or their designees, and the following members who are appointed by the governor to three-year terms:

1. One representative from each of the four local emergency medical services coordinating systems prescribed in section 36-2210.

2. One physician specializing in emergency medicine from each of the four local emergency medical services coordinating regions prescribed in section 36-2210.

3. One professional nurse who is licensed pursuant to title 32, chapter 15 and who specializes in emergency medicine.

4. One emergency medical care technician.

5. Two representatives from ambulance service corporations.

6. Two hospital administrators, one of whom represents a county with a population of less than five hundred thousand persons.

7. One representative from each of the three employers of the largest number of emergency medical care technicians and paramedics.

8. One representative from a nongovernmental employer of emergency medical technicians I-99.

9. One representative from the state fire districts.

10. One physician who is licensed pursuant to title 32, chapter 13 or 17 and who specializes in trauma surgery.

11. One representative of a prehospital emergency medical training program.

12. Six public members.

13. One representative of a volunteer medical rescue program.

B. Public members of the council are eligible to receive compensation pursuant to section 38-611.

C. This section is repealed from and after January 1, 2028.
A.R.S. § 36-4206 — Arizona Code / Title 36 / Chapter 42 / Article 1 / Section 4206
36-4206 Notification requirements; sex offender registration
Status: in_force

36-4206. Notification requirements; sex offender registration

A. Transitional housing facility staff shall notify the department, in a department-provided format, immediately and not more than one business day after any of the following occurs:

1. The death of an individual residing in a transitional housing facility if the resident's death is required to be reported pursuant to section 11-593, including whether the death may have been drug-related.

2. A sex-related crime may have been committed at the transitional housing facility.

3. Any other incident specified in the rule by the department.

B. Transitional housing facility staff may not have a personal or intimate relationship with any individual residing in the transitional housing facility.

C. Transitional housing facility staff shall contact law enforcement if the staff is informed that an individual residing in the transitional housing facility may have been involved in a sex-related crime.

D. A transitional housing facility licensee shall ensure that any individual residing in the licensee's transitional housing facility who is required to register pursuant to section 13-3821 registers within the statutorily required time frame after admission to the transitional housing facility.
A.R.S. § 36-2264 — Arizona Code / Title 36 / Chapter 21.1 / Article 3 / Section 2264
36-2264 Exemption from regulation
Status: in_force

36-2264. Exemption from regulation

A. A person who obtains an automated external defibrillator for home use pursuant to a physician's prescription is exempt from the requirements of this article.

B. A person who is employed as a firefighter, emergency medical care technician or ambulance attendant by a fire district established pursuant to title 48, chapter 5 is exempt from the requirements of this article.

C. A person who is employed as a firefighter, emergency medical care technician or ambulance attendant by a public or private fire department or an ambulance service regulated by this chapter is exempt from the requirements of this article.
A.R.S. § 36-2813 — Arizona Code / Title 36 / Chapter 28.1 / Section 2813
36-2813 Discrimination prohibited
Status: in_force

36-2813. Discrimination prohibited

(Caution:  1998 Prop. 105 applies)

A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a cardholder, unless failing to do so would cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.

B. Unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:

1. The person's status as a cardholder.

2. A registered qualifying patient's positive drug test for marijuana components or metabolites, unless the patient used, possessed or was impaired by marijuana on the premises of the place of employment or during the hours of employment.

C. For the purposes of medical care, including organ transplants, a registered qualifying patient's authorized use of marijuana must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

D. No person may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this chapter, unless the person's behavior creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.
A.R.S. § 36-2948 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2948
36-2948 Prohibited collection practices
Status: in_force

36-2948. Prohibited collection practices

On oral or written notice from the member or person that the member or person believes the claims to be covered by the system, a provider or noncontracting provider shall not do either of the following unless the provider or noncontracting provider has verified through the administration that the member or person has not yet been determined eligible or was not, at the time services were rendered, eligible or enrolled:

1. Charge, submit a claim to or demand or otherwise collect payment from a member or person who has been determined eligible unless specifically authorized by this article or rules adopted pursuant to this article.

2. Refer or report a member or person who has been determined eligible to a collection agency or credit reporting agency for the failure of the member or person who has been determined eligible to pay charges for system covered care or services unless specifically authorized by this article or rules adopted pursuant to this article.
A.R.S. § 36-181 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 181
36-181 Definitions
Status: in_force

36-181. Definitions

In this article "a local full-time public health service" means a full-time service utilizing local, state, federal and other funds, or any combination thereof, employing qualified personnel working under the direction and supervision of a qualified director appointed by the county board of supervisors and conducted in conformity with the rules, regulations and policies of the department of health services.
A.R.S. § 36-144 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 144
36-144 Home care services; disclosure; definition
Status: in_force

36-144. Home care services; disclosure; definition

A. A business entity that provides home care services in this state shall annually disclose to each of its home care service clients at least all of the following information:

1. Whether criminal background checks have been performed on the employees or contractors who provide home care services and the entity's policy on sending employees or contractors who have a criminal history to a client's home.

2. The name and position of the person who is responsible for the day-to-day management of the employees and contractors, for the hiring and firing of employees and for the termination of contracts.

3. A description of any required training for employees or contractors who provide home care services and whether the training includes first aid and cardiopulmonary resuscitation.

4. A description of the home care services the entity provides and the cost of each service.

5. A description of the entity's home care services agreements and how an agreement may be terminated.

B. Subsection A of this section does not apply to:

1. A volunteer organization, person or family member who employs, recommends, refers or provides home care services for one or more persons and who does not receive compensation or monetary benefit for the volunteer organization's, person's or family member's services beyond a nominal benefit or value.

2. An organization or individual licensed pursuant to title 32 or 36 to provide home care services or related services.

3. An organization or individual who is contracted through this state to provide home care services or who is contracted with an organization to provide home care services on behalf of this state or the federal government.

C. For the purposes of this section, "home care services" means home care and support services including activities of daily living and instrumental activities of daily living.
A.R.S. § 36-721 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 721
36-721 Rules
Status: in_force

36-721. Rules

The director shall adopt rules to:

1. Prescribe reasonable and necessary measures for the submission of tuberculosis reports and statistics from counties.

2. Prescribe reasonable and necessary measures regarding standards of medical care to be used by health care providers, agencies and institutions caring for afflicted persons.

3. Prescribe necessary and reasonable measures not in conflict with law for the enforcement of the provisions of this article.

4. To enforce this article as necessary.
A.R.S. § 36-883.02 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 883.02
36-883.02 Child care personnel; fingerprints; exemptions; definition
Status: in_force

36-883.02. Child care personnel; fingerprints; exemptions; definition

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

B. Exempt from the fingerprinting requirements of subsection A of this section are parents, including foster parents and guardians, who are not employees of the child care facility and who participate in activities with their children under the supervision of and in the presence of child care personnel.

C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:

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

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

3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

D. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.

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

F. A child care facility shall not allow a person to be employed or volunteer in the facility in any capacity if the person has been denied a fingerprint clearance card pursuant to section 41-1758.07 or has not received an interim approval from the board of fingerprinting pursuant to section 41-619.55, subsection I.

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

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

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

H. For the purposes of this section, "child care personnel" means any employee or volunteer working at a child care facility.
A.R.S. § 36-121 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 121
36-121 Childhood cancer and rare childhood disease research fund
Status: in_force

36-121. Childhood cancer and rare childhood disease research fund

A. The childhood cancer and rare childhood disease research fund is established consisting of monies received pursuant to section 28-2442. 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.  The first thirty-two thousand dollars received shall be reimbursed to the person or entity that paid the implementation fee.  Monies in the fund are continuously appropriated.  The director shall annually distribute monies in the fund.

B. The director shall allocate monies from the fund to health care providers and research institutions that are located in this state, that are nonprofit organizations and that are engaged in phase I clinical trials relating to research on pediatric cancer or other rare pediatric diseases.  The monies may be used in a collaborative study or research program with other facilities outside of this state. Nonprofit organizations receiving monies from the fund shall use the monies for the purposes prescribed in this subsection even if the monies are aggregated with other monies.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-1322 — Arizona Code / Title 36 / Chapter 11.2 / Article 1 / Section 1322
36-1322 Discrimination prohibited; immunity
Status: in_force

36-1322. Discrimination prohibited; immunity

A. A person may not discriminate against a health care entity on the basis that the health care entity does not provide, assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual, such as by assisted suicide, euthanasia or mercy killing.

B. A health care entity is not liable in any civil, criminal or administrative action for declining to provide any health care item or service for the purpose of causing or assisting in causing the death of any individual as specified in subsection A of this section.

C. This section does not apply to the withholding of cardiopulmonary resuscitation for a patient with a valid prehospital medical directive as provided in section 36-3251 or a similar medical order to withhold cardiopulmonary resuscitation issued by a licensed health care provider.
A.R.S. § 36-1411 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1411
36-1411 Form and sale of bonds
Status: in_force

36-1411. Form and sale of bonds

A. Bonds of a public housing authority, city, town or county issued under this article shall be authorized by resolution of the governing body of the respective city, town or county. Such bonds may be issued in any one or more series, shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding nine per cent per annum, be in such denomination or denominations and in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, payable in such medium of payment at such place or places, and subject to such terms of redemption, with or without premium, as the resolution, its trust indenture or the bonds so issued provide.

B. The bonds may be sold at public or private sale at not less than par.

C. If an officer of the public housing authority, city, town or county whose signature appears on bonds or coupons ceases to be an officer before delivery of the bonds, the person's signature is still valid and sufficient for all purposes, as if the officer had remained in office until delivery. Any provision of law to the contrary notwithstanding, bonds issued pursuant to this article are fully negotiable.

D. In an action or proceeding involving the validity or enforceability of a bond of a public housing authority, city, town or county or the security therefor, if a bond recites in substance that it has been issued by the public housing authority, city, town or county to aid in financing a housing project to provide dwelling accommodations for persons of low income, the bond is conclusively deemed to have been issued for a housing project of such character, and the project is conclusively deemed to have been planned, located and constructed in accordance with this article.
A.R.S. § 36-2907.10 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.10
36-2907.10 Transplants; extended eligibility
Status: in_force

36-2907.10. Transplants; extended eligibility

A. If during a redetermination process for eligibility pursuant to this article a person who is enrolled and who is eligible pursuant to this article for a medically necessary and appropriate transplant pursuant to section 36-2907, subsection A, paragraph 10 is determined ineligible for coverage pursuant to section 36-2901.04 due to excess income or ineligible for coverage pursuant to section 36-2901, paragraph 6, subdivision (a), item (i), (ii) or (iii) and that person has not yet received the transplant, the person may extend the person's eligibility based on the total spend down requirement for the household divided by the number of persons in the household.

B. In order to extend eligibility the person shall enter into a contractual agreement with a hospital to pay the amount of excess income determined pursuant to this section. The hospital shall only be reimbursed by the administration at the contracted rate of the transplantation surgery, including up to one hundred days of posttransplantation care. The administration shall deduct the amount of excess income that the person agrees to pay the hospital before payment is made to the hospital for transplant services authorized by this section. The amount of excess income shall not be changed once the extended period of eligibility begins.  The administration is not responsible to pay any of the spend down amount if the person does not pay the hospital. The contracting hospital shall submit a copy of the person's contractual agreement with the hospital to the administration.

C. The administration shall authorize extended eligibility services only for transplant candidates.

D. Extended eligibility pursuant to this section is for one twelve-month continuous period of time and is funded only pursuant to section 36-2907.12.

E. This section does not prohibit a person from applying for eligibility pursuant to any other applicable law.

F. If the administration and a hospital that performed a transplant surgery on a person who is eligible pursuant to this section do not have a contracted rate, the administration shall not reimburse the hospital more than the contracted rate established by the administration.

G. A person who has extended eligibility pursuant to section 36-2907.11 is not eligible for services pursuant to this section.

H. The extended eligibility of a person who is determined to be no longer medically eligible for a transplant terminates at the end of the month in which it is determined the person is not medically eligible for the transplant unless the person is otherwise eligible for services pursuant to section 36-2901, paragraph 6, subdivision (a).
A.R.S. § 36-1751 — Arizona Code / Title 36 / Chapter 15 / Article 1 / Section 1751
36-1751 Definitions
Status: in_force

36-1751. Definitions

In this chapter, unless the context otherwise requires:

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

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

3. "Mobile food unit" means a food establishment that is licensed by this state, that is readily movable and that dispenses food or beverages for immediate service and consumption and other incidental retail items from any vehicle as defined in section 28-101.

4. "Mobile food vendor" means any person who owns, controls, manages or leases a mobile food unit or contracts with a person to prepare foods and vend from, drive or operate a mobile food unit.
A.R.S. § 36-3102 — Arizona Code / Title 36 / Chapter 31 / Article 1 / Section 3102
36-3102 Sexual violence service fund; purpose; exemption
Status: in_force

36-3102. Sexual violence service fund; purpose; exemption

A. The sexual violence service fund is established consisting of legislative appropriations, grants and contributions. The program administrator shall administer the fund for the purposes prescribed in this article.  Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The department, in consultation with the federally designated statewide coalition to end sexual violence, shall establish program priorities for the fund.  The department shall spend monies in the fund to provide grants to service providers for victims of sexual violence.
A.R.S. § 36-1407 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1407
36-1407 Eminent domain
Status: in_force

36-1407. Eminent domain

A. A city, town or county may acquire by the exercise of eminent domain any real property which it deems necessary for its purposes under this article after the adoption by it of a resolution declaring that the acquisition of the real property described is necessary for such purposes. A city, town or county may exercise the power of eminent domain in the manner provided by title 12, chapter 8, article 2 or 3 or in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Title to property so acquired shall be taken in the name of the city, town or county.

B. Property already devoted to a public use may be acquired in like manner, but property belonging to the federal government, a registered Indian tribe, the state or any political subdivision shall not be acquired without its consent.

C. A public housing authority may exercise the power of eminent domain. The power of eminent domain may also be exercised on behalf of a public housing authority. This power shall only be exercised in relation to the provision of low income housing pursuant to this article. A public housing authority that acts on behalf of a city, town or county may exercise the power of eminent domain and may take property title in the name of that authority if it first obtains the written approval by resolution of the governing body that controls its acts and existence pursuant to this article.
A.R.S. § 36-2283 — Arizona Code / Title 36 / Chapter 22 / Article 2 / Section 2283
36-2283 Certain information to parents required
Status: in_force

36-2283. Certain information to parents required

Any health care institution with a perinatal, obstetrical or pediatric unit shall make available to each parent of any newborn child born with an identifiable disability information it receives from public or private agencies regarding agencies which are available to provide the parent with assistance, information or support pertaining to the care of the child and the manner in which the agencies may be contacted.
A.R.S. § 36-511 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 511
36-511 Quality of treatment
Status: in_force

36-511. Quality of treatment

A. Subject to the right to refuse psychiatric and medical treatment pursuant to sections 36-512 and 36-513 and pursuant to rules of the administration, every person undergoing evaluation or treatment pursuant to this chapter shall receive physical and psychiatric care and treatment, delivered in a manner that allows the person's family members or guardian to participate in the care and treatment when appropriate, for the full period the person is detained. The agency providing care and treatment shall keep a clinical record for each person that details all medical and psychiatric evaluations and all care and treatment received by the person.

B. An agency administering the care and treatment shall provide and make available to the guardian, if one exists, on request:

1. A written treatment program based on the individual needs of the person.

2. Careful and periodic reexaminations of each person by appropriate professional persons, including a physician. Reexaminations shall be made once each ninety days, and the results shall be a part of the person's medical record.

3. A full physical examination once a year.

4. Adequate medical treatment in the light of present medical knowledge in accordance with the results of these examinations.

C. An agency administering inpatient care and treatment, in conjunction with the community treatment agency and before the release of a patient, shall prepare a plan for the patient's care after release, including arrangements for a place to live and an adequate program for necessary treatment and maintenance, and shall provide the plan to the patient's guardian if one exists. The community treatment agency shall make a good faith effort to initiate treatment with a patient released from an inpatient facility.
A.R.S. § 36-326 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 326
36-326 Disposition-transit permits
Status: in_force

36-326. Disposition-transit permits

A. A funeral establishment or responsible person who takes possession of human remains shall obtain a disposition-transit permit from a local registrar, a deputy local registrar or the state registrar before doing either of the following:

1. Providing final disposition of the human remains.

2. Moving the human remains out of this state.

B. Human remains that are moved from a hospital, nursing care institution or hospice inpatient facility must be accompanied by a form provided by the hospital, nursing care institution or hospice inpatient facility authorizing the release of the human remains.  The form shall contain the information required in rules adopted pursuant to this chapter.

C. A funeral establishment or responsible person may move human remains from a hospital, nursing care institution or hospice inpatient facility where death occurred without obtaining a disposition-transit permit if the funeral establishment or responsible person does not remove the human remains from this state and provides notice to the local registrar or deputy local registrar in the registration district where the death occurred within twenty-four hours after moving the human remains.

D. A funeral establishment or responsible person may move human remains from a place other than a hospital, nursing care institution or hospice inpatient facility where death occurred without obtaining a disposition-transit permit if the funeral establishment or responsible person does not remove the human remains from this state and provides notice to the local registrar or deputy local registrar in the registration district where death occurred within seventy-two hours after moving the human remains.

E. Embalmed human remains, disinterred human remains and human remains that are not embalmed that are shipped by common carrier inside or outside of this state for the purposes of burial, cremation or funeral services shall be placed in a suitable shipping container that is designed for transporting human remains.  Human remains that are not embalmed and that are shipped inside or outside of this state are not required to be transported within twenty-four hours after death.

F. A hospital or abortion clinic is not required to obtain a disposition-transit permit if an unborn child is expelled or extracted at the hospital or abortion clinic and all the following apply:

1. The gestation period of the unborn child is less than twenty weeks or, if the gestation period is unknown, the weight of the unborn child is less than three hundred fifty grams.

2. A county medical examiner's investigation is not required.

3. The woman on whom the abortion was performed has authorized the hospital or abortion clinic to dispose of the unborn child.

G. To obtain a disposition-transit permit, a funeral establishment or responsible person must submit the information required pursuant to this chapter and rules adopted pursuant to this chapter to the state registrar or to the local registrar or deputy local registrar of the registration district where the death occurred.

H. A local registrar, a deputy local registrar or the state registrar shall provide a disposition-transit permit to a funeral establishment or other responsible person if the information provided pursuant to subsection B of this section complies with this chapter and rules adopted pursuant to this chapter.

I. A local registrar, a deputy local registrar or the state registrar shall provide a disposition-transit permit for interment of human remains in a cemetery only if the location of the cemetery has been recorded in the office of the county recorder in the county where the cemetery is located or the cemetery is located on federal or tribal land.

J. A local registrar, a deputy local registrar or the state registrar shall provide a disposition-transit permit issued by this state for the final disposition of human remains in this state on receipt of a disposition-transit permit from another state that accompanies the human remains from the other state.
A.R.S. § 36-3283 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3283
36-3283 Powers and duties of an agent
Status: in_force

36-3283. Powers and duties of an agent

A. An agent may make mental health care decisions for the principal while the principal is incapable, as defined in section 36-3281.

B. Except as limited by subsection F of this section, an agent's authority to make mental health care decisions is limited only by the express language of the mental health care power of attorney or by a court order pursuant to section 36-3206.

C. The appointment of a person to act as an agent is effective until that authority is revoked by the principal or by a court order.

D. An agent has the same right as the principal to receive information and to review the principal's medical records regarding proposed mental health treatment and to receive, review and consent to the disclosure of medical records relating to that treatment.

E. An agent shall act consistently with the wishes of the principal as expressed in the mental health care power of attorney. Except as limited by subsection F of this section, if the principal's wishes are not expressed in the mental health care power of attorney and are not otherwise known by the agent, the agent shall act in accordance with what the agent in good faith believes to be in the principal's best interests.

F. An agent may consent to admit the principal to an inpatient psychiatric facility licensed by the department of health services if this authority is expressly stated in the mental health care power of attorney or health care power of attorney under section 36-3221.

G. An agent is not subject to criminal or civil liability for decisions made in good faith pursuant to subsection E of this section.
A.R.S. § 36-3284 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3284
36-3284 Operation of mental health care power of attorney; admission for evaluation and treatment by agent; duties of physician or mental health care provider
Status: in_force

36-3284. Operation of mental health care power of attorney; admission for evaluation and treatment by agent; duties of physician or mental health care provider

A. A mental health care power of attorney is effective when it is executed and remains in effect until it is revoked by the principal pursuant to section 36-3285 or by court order.

B. Notwithstanding the procedures and requirements prescribed in chapter 5, articles 4 and 5 of this title relating to involuntary court-ordered evaluation or treatment, if the mental health care power of attorney specifically authorizes the agent to admit the principal to an inpatient psychiatric facility and the agent has reasonable cause to believe that the principal is in need of an evaluation or treatment, the agent may apply for admission of the principal for evaluation or treatment at an inpatient psychiatric facility.  The agent must present the facility with a copy of the power of attorney that specifically authorizes the agent to admit the principal to an inpatient psychiatric facility.  If admission is requested by the agent, the facility to which the agent applies may admit the principal if before admission a physician who is licensed pursuant to title 32, chapter 13 or 17 does all of the following:

1. Conducts an investigation that carefully probes the principal's psychiatric and psychological history, diagnosis and treatment needs.

2. Conducts a thorough interview with the principal and the agent.

3. Obtains the agent's informed consent, as defined in section 36-501.

4. Makes a written determination that the principal needs an evaluation or will benefit from inpatient care and treatment of a mental disorder or other personality disorder or emotional condition and that the evaluation or treatment cannot be accomplished in a less restrictive setting.

5. Documents in the principal's medical chart a summary of the doctor's findings and recommendations for treatment.

C. If a patient admitted to or being treated in an inpatient psychiatric facility under the authority of an agent pursuant to a mental health care power of attorney manifests the desire to disqualify an agent or to revoke a mental health care power of attorney and requests in writing to be discharged from the facility, the facility shall either discharge the patient or initiate proceedings for court ordered evaluation or treatment pursuant to chapter 5 of this title:

1. Within forty-eight hours after the facility receives this request, excluding weekends and legal holidays.

2. On the following court day if the forty-eight-hour period expires on a weekend or holiday.

D. The discharge requirement prescribed in subsection C of this section does not apply if the facility is prohibited from discharging the person under federal law or if the principal has been determined to be incapable as defined in section 36-3281, the treating physician believes that further inpatient treatment is necessary or advisable and the agent under the power of attorney has consented to the continued treatment.

E. After admission, if the patient refuses treatment or requests discharge and the treating physician believes that further inpatient treatment is necessary or advisable, the facility may rely on the consent of the agent for treatment, release and discharge decisions pursuant to the agent's authority under the power of attorney.

F. The inpatient psychiatric facility licensed by the department of health services shall conduct a review of the principal's condition and need for admission into the facility and assess the appropriateness of the principal's placement at least once every thirty days. The agent may participate in each review. If possible the agent shall participate in person.
A.R.S. § 36-1908 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1908
36-1908 Fees
Status: in_force

36-1908. Fees

The director shall prescribe and collect fees from persons who are regulated under this chapter for the following:

1. An original application for a regular or temporary license.

2. An original issuance of a regular or temporary license.

3. An original application for a regular or temporary license if an examination pursuant to section 36-1924 is required.

4. A renewal of a regular or temporary license.

5. An issuance of a duplicate regular or temporary license.

6. A late fee.
A.R.S. § 36-469 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 469
36-469 Civil penalties
Status: in_force

36-469. Civil penalties

A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this article or a rule adopted pursuant to this article. Each day a violation occurs constitutes a separate violation. The department shall hold a hearing pursuant to title 41, chapter 6, article 10 to determine if a violation has occurred.

B. The attorney general or the county attorney shall bring an action in the name of this state to enforce the collection of penalties assessed pursuant to this section. An action shall be brought in the justice court or the superior court in the county in which the violation occurs.

C. Penalties assessed pursuant to this section are in addition to other penalties imposed pursuant to this chapter.

D. The director shall deposit, pursuant to sections 35-146 and 35-147, penalties collected pursuant to this section in the state general fund.
A.R.S. § 36-427 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 427
36-427 Suspension or revocation; intermediate sanctions
Status: in_force

36-427. Suspension or revocation; intermediate sanctions

A. The director, pursuant to title 41, chapter 6, article 10, may suspend or revoke, in whole or in part, the license of any health care institution if its owners, officers, agents or employees:

1. Violate this chapter or the rules of the department adopted pursuant to this chapter.

2. Knowingly aid, permit or abet the commission of any crime involving medical and health-related services.

3. Have been, are or may continue to be in substantial violation of the requirements for licensure of the institution, as a result of which the health or safety of one or more patients or the general public is in immediate danger.

4. Fail to comply with section 36-2901.08.

5. Violate section 36-2302.

B. If the licensee, the chief administrative officer or any other person in charge of the institution refuses to permit the department or its employees or agents the right to inspect the institution's premises as provided in section 36-424, such action shall be deemed reasonable cause to believe that a substantial violation under subsection A, paragraph 3 of this section exists.

C. If the director reasonably believes that a violation of subsection A, paragraph 3 of this section has occurred and that life or safety of patients will be immediately affected, the director, on written notice to the licensee, may order the immediate restriction of admissions or readmissions, selected transfer of patients out of the facility, reduction of capacity and termination of specific services, procedures, practices or facilities.

D. The director may rescind, in whole or in part, sanctions imposed pursuant to this section on correction of the violation or violations for which the sanctions were imposed.
A.R.S. § 36-851.02 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 851.02
36-851.02 Procurement organizations; deemed status; requirements; inspection
Status: in_force

36-851.02. Procurement organizations; deemed status; requirements; inspection

A procurement organization that is licensed pursuant to section 36-851.01 by virtue of its accreditation status:

1. Is deemed to meet health and safety requirements that are equivalent to those set forth in section 36-851.03 and is not required to meet the requirements prescribed in section 36-851.03 except as specified in paragraph 2 of this section if the procurement organization maintains its accredited status with the accrediting agency.

2. Shall comply with all of the following as adopted in rule by the department of health services:

(a) The proper use and maintenance of donor consent forms.

(b) The implementation and maintenance of proper identification systems for bodies and disarticulated items.

(c) The implementation and maintenance of protocols and materials for procedures used by the procurement organization to properly screen end users.

(d) The proper documentation and disclosure of the disease status of tissue specimens to end users.

(e) Labeling, packaging, transport and distribution policies and procedures.

(f) Final disposition procedures.

3. Shall provide a designated area for tissue recovery that does not operate in a funeral establishment for the recovery of whole bodies for medical research and education.

4. Is subject to inspection by the department of health services at any time with respect to compliance with the requirements of paragraph 2 of this section.
A.R.S. § 36-550.08 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.08
36-550.08 Clients' rights
Status: in_force

36-550.08. Clients' rights

Clients receiving treatment pursuant to this article are entitled to all the rights enumerated in this chapter.
A.R.S. § 36-3801 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3801
36-3801 Definitions
Status: in_force

36-3801. Definitions

In this chapter, unless the context otherwise requires:

1. "Breach" has the same meaning prescribed in 45 Code of Federal Regulations, part 164, subpart D.

2. "De-identified health information" has the same meaning as described in 45 Code of Federal Regulations section 164.514.

3. "Health care decision maker" has the same meaning prescribed in section 12-2291.

4. "Health care provider" has the same meaning prescribed in section 12-2291.

5. "Health information organization" means an organization that oversees and governs the exchange of individually identifiable health information among organizations according to nationally recognized standards.  Health information organization does not include:

(a) A health care provider or an electronic health record maintained by or on behalf of a health care provider.

(b) Entities that are subject to title 20 or that are health plans as defined in 45 Code of Federal Regulations section 160.103.

(c) The exchange of individually identifiable health information directly between health care providers without a separate organization governing that exchange.

6. "Individual":

(a) Means the person who is the subject of the individually identifiable health information.

(b) Does not include an inmate as defined under the health insurance portability and accountability act privacy standards prescribed in 45 Code of Federal Regulations section 164.501.

7. "Individually identifiable health information" has the same meaning prescribed in the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E).

8. "Medical records" has the same meaning prescribed in section 12-2291.

9. "Opt out" means an individual's written decision that the individual's individually identifiable health information cannot be shared through a health information organization.

10. "Participation" or "participating", with respect to a health information organization, means providing or accessing individually identifiable health information in the manner provided in the health information organization's policies.

11. "Person" has the same meaning prescribed in section 1-215.

12. "Written" means in handwriting or through an electronic transaction that meets the requirements of title 44, chapter 26.
A.R.S. § 36-784 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 784
36-784 Patient tracking during enhanced surveillance advisory
Status: in_force

36-784. Patient tracking during enhanced surveillance advisory

A. During an enhanced surveillance advisory, to identify, diagnose, treat and track persons who may have been exposed to an illness, health condition or clinical syndrome identified in an enhanced surveillance advisory, the department and local health authority may access confidential patient information, including medical records, wherever and by whomever held and whether or not patient identity is known.

B. The department or local health authority shall counsel and interview any person as necessary to assist it in the positive identification of exposed persons and to develop information relating to the source and spread of the illness or health condition.  This information must include the names and addresses of any persons from whom the illness or health condition may have been contracted and to whom the illness or health condition may have spread.

C. Any medical information or other information from which a person might be identified that is received by the department or local health authority in the course of an enhanced surveillance advisory is confidential and is not available to the public.