A.R.S. § 36-325 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 325
36-325 Death certificate registration; moving human remains; immunity
Status: in_force

36-325. Death certificate registration; moving human remains; immunity

A. Within seven calendar days after receiving possession of human remains, a funeral establishment or responsible person who takes possession of the human remains shall:

1. Obtain and complete the information, including the social security number of the decedent, on the death certificate required pursuant to this chapter and rules adopted pursuant to this chapter.

2. Provide on the death certificate the name and address of the person completing the death certificate.

3. Submit the death certificate for registration to a local registrar, a deputy local registrar or the state registrar.  The funeral establishment or responsible person may submit the death certificate by electronic means in the format prescribed by the state registrar.

B. Within seventy-two hours after receiving a death certificate pursuant to this section, a local registrar, a deputy local registrar or the state registrar shall register a death certificate if it is accurate and complete and submitted pursuant to this chapter and rules adopted pursuant to this chapter.

C. If a county medical examiner or alternate medical examiner determines that the circumstances of a death provide jurisdiction pursuant to section 11-593, subsection B, the medical examiner or alternate medical examiner shall complete and sign the medical certification of death on a death certificate within seventy-two hours after the examination, excluding weekends and holidays.  If the medical examiner or alternate medical examiner cannot determine the cause of death within that time, the medical examiner or alternate medical examiner shall enter "pending" for the cause of death and sign the medical certification of death within seventy-two hours after the examination, excluding weekends and holidays.

D. A local registrar, a deputy local registrar or the state registrar shall register a death certificate if there is a medical certification of death signed by the medical examiner or alternate medical examiner with a pending cause of death.

E. Final disposition of human remains with a pending cause of death shall not occur until the medical examiner or alternate medical examiner releases the human remains for final disposition.

F. When the medical examiner or alternate medical examiner determines the cause of death, the medical examiner or alternate medical examiner shall submit the information to the local registrar, deputy local registrar or state registrar.

G. If a person under the current care of a health care provider for an acute or chronic medical condition dies of that condition, or complications associated with that condition, the health care provider or a health care provider designated by that provider shall complete and sign the medical certification of death on a death certificate within seventy-two hours. If current care has not been provided, the medical examiner or alternate medical examiner shall complete and sign the medical certification of death on a death certificate within seventy-two hours after the examination, excluding weekends and holidays.

H. If a person dies in a hospital, nursing care institution or hospice inpatient facility of natural causes, the hospital, nursing care institution or facility shall designate a health care provider to complete and sign the medical certification of death within seventy-two hours.

I. If a person dies on an Indian reservation in this state and a county medical examiner or alternate medical examiner is not available, the tribal law enforcement authority, acting in an official investigative capacity, may complete and sign the medical certification of death.

J. If the place of death is unknown, the death is considered to have occurred in the place where the human remains were found.

K. If a person dies in a moving conveyance, the death is considered to have occurred in the place where the human remains were initially removed from the conveyance.  In all other cases, the place where death is pronounced is considered the place where the death occurred.

L. The state registrar shall create and register a death certificate when the state registrar receives a court order of a presumptive death.  The court order shall contain the following information, if known:

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

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

M. If a murder victim's body is not recovered, a conviction for the murder is proof of death.  The court shall forward a record of the conviction to the state registrar.  The state registrar shall obtain the personal data regarding the murder victim from information provided by the court, a family member of the murder victim or another reliable source and create and register the death certificate.

N. A health care provider who completes and signs a medical certification of death in good faith pursuant to this section is not subject to civil liability or professional disciplinary action.
A.R.S. § 36-3409 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3409
36-3409 Fee requirements; fee schedules
Status: in_force

36-3409. Fee requirements; fee schedules

A. Clients who are eligible for nontitle XIX services from the administration shall be required to pay fees for services.

B. The administration shall establish a schedule for fees charged for services provided by public or private agencies receiving state monies pursuant to this article that includes a sliding fee schedule based on the ability of the client to pay for part or the total cost for services.
A.R.S. § 36-856 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 856
36-856 Immunity
Status: in_force

36-856. Immunity

A. A person is not subject to civil liability, criminal prosecution or administrative proceedings for good faith acts or omissions related to procurement of parts in compliance with this article.  All acts and omissions are presumed to be in good faith unless the acts or omissions are done with intent to maliciously cause injury.

B. A person who makes an anatomical gift and the donor's estate are not subject to civil or criminal liability for any injury or damage that results from the making or use of the gift.

C. In determining whether an anatomical gift has been made, amended or revoked pursuant to this article, a person may rely on representations of an individual listed pursuant to section 36-848, subsection A, paragraph 2, 3, 4, 5, 6, 7 or 8 relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.
A.R.S. § 36-582 — Arizona Code / Title 36 / Chapter 5.1 / Article 2 / Section 582
36-582 Residential facilities; zoning; notice; appeal
Status: in_force

36-582. Residential facilities; zoning; notice; appeal

A. Unrelated persons living together notwithstanding, a residential facility which serves six or fewer persons shall be considered a residential use of property for the purposes of all local zoning ordinances if such facility provides care on a twenty-four hour per day basis. The residents and operators of such a facility shall be considered a family for the purposes of any law or zoning ordinance which relates to the residential use of property. The limitation of six or fewer persons does not include the operator of a residential facility, members of the operator's family or persons employed as staff, except that the total number of all persons living at the residential facility shall not exceed eight.

B. For the purpose of all local ordinances, a residential facility which serves six or fewer persons shall not be included within the definition of any term which implies that the residential facility differs in any way from a single family residence.

C. The provisions of this section shall not be construed to forbid any city, county or other local public entity from placing restrictions on building heights, setback, lot dimensions and placements of signs of a residential facility which serves six or fewer persons as long as such restrictions are identical to those applied to other single family residences.

D. The provisions of this section shall not be construed to forbid the application to a residential facility of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity provided that such ordinance does not distinguish residential facilities which serve six or fewer persons from other single family dwellings and provided further that such ordinance does not distinguish residents of such residential facilities from persons who reside in other single family dwellings.

E. A local ordinance which distinguishes, tends to distinguish, or has the effect of distinguishing residential facilities which serve six or fewer persons from single family dwellings shall be void and of no effect as applied to such facilities.

F. No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential facility which serves six or fewer persons which is not required of a single family residence in the same zone.

G. For the purposes of any contract, deed, or covenant for the transfer of real property executed subsequent to the effective date of this section, a residential facility which serves six or fewer persons shall be considered a residential use of property and a use of property by a single family, notwithstanding any disclaimers to the contrary.

H. No residential facility shall be established within a twelve hundred foot radius of an existing residential facility in a residential area.

I. Prior to the establishment of a residential facility in a residential area, the department shall give at least sixty days written notice to the local government unit affected. The government unit shall have the right to contest the establishment of a residential facility in a residential area by written objection filed with the department within thirty days after receiving notice and may request an administrative hearing pursuant to title 41, chapter 14, article 3.

J. Other residential facilities which serve seven or more persons shall be a permitted use in any zone in which residential buildings of similar size, containing rooms or apartments which are provided on a continuing basis for compensation, are a permitted use. Nothing in this section shall be construed to prohibit any city or county from requiring a conditional use permit in order to maintain a residential facility serving seven or more persons, provided that no conditions shall be imposed on such a facility which are more restrictive than those imposed on other similar dwellings in the same zones.

K. The provisions of this article shall apply only to residential facilities licensed, operated, supported or supervised by the department and the establishment of a particular facility shall not create any zoning rights with respect to any subsequent use of the property involved.

L. This article shall apply only as to those government units which have adopted zoning ordinances which place more restrictions on the establishment of residential facilities than those pertaining to facilities authorized under this article, except that the local government unit to which this article does not otherwise apply may require the same notice and hearing procedures applicable to other zoning matters notwithstanding the provisions of subsection I of this section.
A.R.S. § 36-2245 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2245
36-2245 Investigations; dispute resolution; informal interviews; hearings; stipulations; judicial review; civil penalty
Status: in_force

36-2245. Investigations; dispute resolution; informal interviews; hearings; stipulations; judicial review; civil penalty

A. The department may conduct an investigation into the operation of ambulances and ambulance services.

B. Proceedings under this section may be initiated by the department.

C. If the department receives a written and signed statement of dissatisfaction or dispute of charges or any matter relating to the regulation of ambulance services, the customer is deemed to have filed an informal complaint against the ambulance service.  Within fifteen days of receipt of the complaint, a designated representative of the department shall inform the ambulance service that an informal complaint has been filed, state the nature of the allegations made, specify the purported rule violation and identify specific records relating to the purported rule violation that the ambulance service shall provide to the department.  The ambulance service shall comply with the request for records in a timely manner.

D. Within forty-five days of receipt of the records, the department shall determine if the complaint is nonsubstantive or substantive.

E. If the department determines that a complaint filed pursuant to this section is nonsubstantive, it shall render a written decision to all parties within five days of that determination.  The complainant may make a formal complaint to the department if the complainant disagrees with the department's decision.  If the nonsubstantive complaint involves rates and charges, a designated representative of the department shall attempt to resolve the dispute by correspondence or telephone with the ambulance service and the customer.

F. If the department determines that a complaint filed pursuant to this section is substantive, the complaint becomes a formal complaint.  The department shall inform the ambulance service that the initial investigation was substantive in nature and may warrant action pursuant to this article. The department shall inform the ambulance service of the specific rule violation and shall allow the ambulance service thirty days to answer the complaint in writing.

G. The department may issue a written request for an informal interview with the ambulance service if the department believes that the evidence indicates that grounds for action exist.  The request shall state the reasons for the interview and shall schedule an interview at least ten days from the date that the department sends the request for an interview.

H. If the department determines that evidence warrants action or if the ambulance service refuses to attend the informal interview, the director shall institute formal proceedings and hold a hearing pursuant to title 41, chapter 6, article 10.

I. If the department believes that a lesser disciplinary action is appropriate, the department may enter into a stipulated agreement with the ambulance service.  This stipulation may include a civil penalty as provided under subsection J of this section.

J. In addition to other disciplinary action provided under this section, the director may impose a civil penalty of not more than three hundred fifty dollars for each violation of this chapter that constitutes grounds to suspend or revoke a certificate of necessity.  This penalty shall not exceed fifteen thousand dollars. Each day that a violation occurs constitutes a separate offense. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected under this subsection in the emergency medical services operating fund established under section 36-2218.

K. The director may suspend a certificate of necessity without holding a hearing if the director determines that the certificate holder has failed to pay a civil penalty imposed under this section. The director shall reinstate the certificate of necessity when the certificate holder pays the penalty in full.

L. Except as provided in section 41-1092.08, subsection H, a final decision of the department pursuant to this section is subject to judicial review pursuant to title 12, chapter 7, article 6.

M. Information, documents and records received by the department or prepared by the department in connection with an investigation that is conducted pursuant to this article and that relates to emergency medical care technicians are confidential and are not subject to public inspection or civil discovery. When the investigation has been completed and the investigation file has been closed, the results of the investigation and the decision of the department shall be available to the public.
A.R.S. § 36-1472 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1472
36-1472 Legislative finding and declaration of necessity
Status: in_force

36-1472. Legislative finding and declaration of necessity

It is declared:

1. That there exist in municipalities of the state slum or blighted areas which constitute a serious and growing menace, injurious and inimical to the public health, safety, morals and welfare of the residents of the state.

2. That the existence of these areas contributes substantially and increasingly to the spread of disease and crime, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, punishment and the treatment of juvenile delinquency and for the maintenance of adequate police, fire and accident protection and other public services and facilities, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities and retards the provision of housing accommodations.

3. That this menace is beyond remedy and control solely by regulatory process in the exercise of the police power and cannot be dealt with effectively by the ordinary operations of private enterprise without the aids provided by this article.

4. That the acquisition of property for the purpose of eliminating the conditions or preventing recurrence of these conditions in the area, the removal of structures and improvement of sites, the disposition of the property for redevelopment and any assistance which may be given by any public body in connection with these activities are public uses and purposes for which public money may be expended and the power of eminent domain exercised.

5. That the necessity in the public interest for the provisions of this article is declared as a matter of legislative determination.
A.R.S. § 36-2355 — Arizona Code / Title 36 / Chapter 24 / Article 1 / Section 2355
36-2355 Financial responsibility for services rendered to indigents
Status: in_force

36-2355. Financial responsibility for services rendered to indigents

Counties may enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3, whereby indigents may receive medical services covered by the county indigent medical program in their county of residence at the nearest medical clinic, regardless of location. Such agreements may provide for reimbursement to the county which provides the medical services from the county in which the indigent resides.
A.R.S. § 36-1924 — Arizona Code / Title 36 / Chapter 17 / Article 2 / Section 1924
36-1924 Examination for license
Status: in_force

36-1924. Examination for license

A. The examination provided for in this article shall consist of:

1. A demonstration of minimal knowledge in the techniques of testing hearing and fitting and evaluating hearing aids.

2. A knowledge of the medical and rehabilitation facilities, for children and adults with hearing disorders, in this state.

3. Tests of knowledge in the following areas as they pertain to the fitting of hearing aids:

(a) Physics.

(b) The human hearing mechanism, including its functions and causes of its disorders.

(c) The function of hearing aids.

4. Practical tests of proficiency in the techniques of taking ear mold impressions and measurement of hearing by pure tone audiometry, including the air, bone and masking methods, and speech audiometry and other skills as they pertain to the candidacy for, selection of and adaptation of hearing aids.

5. A knowledge of rehabilitation and hearing conservation techniques as they relate only to hearing aids and related devices.

B. The examination shall not be constructed to require knowledge or abilities inconsistent with the realistic services of a hearing aid dispenser or with the requirements of sound public health practices.

C. To provide adequate tests of proficiency, the examination requirements provided in this section may be changed when deemed necessary due to technological advances.
A.R.S. § 36-1672 — Arizona Code / Title 36 / Chapter 13 / Article 6 / Section 1672
36-1672 Local programs
Status: in_force

36-1672. Local programs

A. The department is authorized to develop and conduct local programs for the prevention, detection and treatment of lead-based paint poisoning, subject to legislative appropriation. Such authorization shall include:

1. Educational programs intended to communicate the health danger and prevalence of lead-based paint poisoning among children to parents, educators and local health officials.

2. Development and carrying out of community testing programs designed to detect incidence of lead poisoning due to lead-based paint and other sources among community residents and to ensure prompt medical treatment for such afflicted individuals.

B. The director may delegate to any local agency the authority to conduct the local program within the local agency's jurisdiction as provided in section 36-136, subsection E.
A.R.S. § 36-916 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 916
36-916 Donation of food items; exemption from civil liability; definitions
Status: in_force

36-916. Donation of food items; exemption from civil liability; definitions

A. A person who makes a good faith donation of an apparently wholesome food item or an apparently fit nonfood grocery product to a charitable or nonprofit organization or to any other person is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donor.

B. A person who harvests an apparently wholesome food item and makes a good faith donation of the apparently wholesome food item to a charitable or nonprofit organization or to any other person is entitled to the same exemption from civil liability as prescribed in subsection A.

C. A charitable or nonprofit organization or an officer, employee or volunteer of the organization that in good faith receives and distributes, without charge or any other person who in good faith receives and distributes, without charge, to an immediate family member, a donation of an apparently wholesome food item or an apparently fit nonfood grocery product is not liable for damages in any civil action for any injury or death due to the condition of the apparently wholesome food item or apparently fit nonfood grocery product unless the injury or death is a direct result of the intentional misconduct or gross negligence of the donating person or organization or its officers, employees or volunteer workers.

D. If the owner or manager of property allows a person to glean food on that property for gratuitous distribution by that person or a charitable or nonprofit organization, the owner and manager are not liable for damages in any civil action for the injury or death of the person making the collection unless the injury or death is the direct result of the intentional misconduct or gross negligence of the owner or manager.

E. A person who makes a good faith donation to a charitable or nonprofit organization of a food item or a nonfood grocery product that does not meet all quality and labeling standards imposed by federal, state and local laws and regulations is entitled to the same exemption from civil liability as prescribed in subsection A if the person making the donation informs the charitable or nonprofit organization that the food item or nonfood grocery product does not meet those quality and labeling standards and the organization agrees to recondition the donation to comply with all applicable quality and labeling standards before its distribution.

F. A charitable or nonprofit organization or an officer, employee or volunteer of the organization that in good faith receives and distributes, without charge to the recipient, a donation of a food item or a nonfood grocery product that it knows or has reason to know does not meet all quality and labeling standards imposed by federal, state and local laws and regulations is entitled to the same exemption from civil liability as prescribed in subsection C if the organization or its officers, employees or volunteers recondition the food item or nonfood grocery product in accordance with all applicable quality and labeling standards.

G. The director may enforce the provisions of this section in any manner not specifically prohibited by this article.

H. For the purposes of this section:

1. "Donation" means an item that is given for a fee significantly less than the value of the item or without requiring anything of monetary value from the charitable or nonprofit organization or any other person if the item is ultimately intended for gratuitous distribution.

2. "Fit nonfood grocery product" means a nonfood grocery product that meets all quality and labeling standards imposed by federal, state and local laws and regulations including a product not readily marketable due to any condition such as packaging, appearance, age, surplus or size and includes any household or industrial cleaning product, disposable paper or plastic product, personal hygiene product, cleaning equipment or cooking utensil.

3. "Glean" means to gather or collect an agricultural crop that is donated by an owner or manager of property.

4. "Wholesome food item" means a raw, cooked, processed or prepared edible substance or beverage that is intended for human consumption and that meets all quality and labeling standards imposed by federal, state and local laws and regulations, including food not readily marketable due to any condition such as packaging, appearance, age, freshness, grade, surplus or size.
A.R.S. § 36-3523 — Arizona Code / Title 36 / Chapter 35 / Article 2 / Section 3523
36-3523 Injunctions
Status: in_force

36-3523. Injunctions

A person may apply for a temporary restraining order or preliminary or permanent injunction from the superior court to enjoin the remanufacturing, retrofitting, leasing, subleasing, selling or otherwise placing in the stream of commerce a crib that does not comply with this article.
A.R.S. § 36-2865 — Arizona Code / Title 36 / Chapter 28.2 / Section 2865
36-2865 Enforcement of this chapter; special action
Status: in_force

36-2865. Enforcement of this chapter; special action

(Caution:  1998 Prop. 105 applies)

A. If the department fails to adopt rules necessary to implement this chapter on or before June 1, 2021, or fails to begin accepting applications as provided in section 36-2854, subsection A, paragraph 1, subdivision (d), any citizen may commence a special action in superior court to compel the department to perform the actions mandated under this chapter.

B. If the department fails to issue a license or send a notice of denial within sixty days after receiving a complete marijuana establishment application pursuant to section 36-2854, subsection A, paragraph 1, subdivision (d), the applicant may commence a special action in superior court to compel the department to perform the actions mandated under this chapter.

C. Notwithstanding chapter 28.1 of this title, if the department fails to issue any marijuana establishment licenses pursuant to section 36-2854, subsection A, paragraph 1, subdivision (d) on or before April 5, 2021, each nonprofit medical marijuana dispensary in good standing may begin to cultivate, produce, process, manufacture, transport and test marijuana and marijuana products and may sell marijuana and marijuana products to consumers until the department issues licenses to operate marijuana establishments.  If this occurs, nonprofit medical marijuana dispensaries in good standing shall:

1. Be treated as marijuana establishments for all purposes under this chapter, and their nonprofit medical marijuana establishment agents shall be treated as marijuana facility agents for all purposes under this chapter.

2. Comply with the rules adopted by the department to implement chapter 28.1 of this title, except those that are inconsistent with this chapter.
A.R.S. § 36-3222 — Arizona Code / Title 36 / Chapter 32 / Article 2 / Section 3222
36-3222 Health care power of attorney; amendments
Status: in_force

36-3222. Health care power of attorney; amendments

An amendment to a health care power of attorney shall meet the requirements of section 36-3221, subsection A, paragraphs 2 and 3 unless the amendment is only made to indicate an agent's change of address or telephone number.
A.R.S. § 36-333.03 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 333.03
36-333.03 Record of birth; petition; requirements; notice; court order; definition
Status: in_force

36-333.03. Record of birth; petition; requirements; notice; court order; definition

A. If a delayed birth certificate for a person who is born in this state is not created and registered pursuant to section 36-333.02, that person or, if the person is under eighteen years of age, the person's parent or legal guardian may petition the court for an order to establish a record of the person's date of birth, place of birth and parentage.

B. The petition must allege:

1. That the person for whom a delayed birth certificate is requested was born in this state.

2. That the person's birth is not registered in another state or country.

3. That a record of birth for the person cannot be found in this state's vital records.

4. That despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the creation and registration of a delayed birth certificate.

5. That the state registrar has refused to create and register a delayed birth certificate.

6. Any other allegations the petitioner believes would be useful to the court.

B. The petitioner shall submit to the court a copy of the notification provided pursuant to section 36-333.02, subsection E and all information and evidentiary documents that were submitted to the state registrar to support the request for the registration of a delayed birth certificate.

C. The court shall set a date, time and place for a hearing on the petition and shall provide notice of the date, time and place to the state registrar and the petitioner at least twenty days before the hearing.  The state registrar may appear and testify at the hearing.

D. If the court finds that the evidence presented for the petitioner supports the creation and registration of a delayed birth certificate, the court shall establish the facts of birth, including parentage and any other findings that may be required, and shall issue an order to create and register a delayed birth certificate on a form that is provided by the state registrar and that includes the facts of birth, a description of the information and evidentiary documents submitted to the court and the date of the court's action.

E. The clerk of the court shall forward an order issued pursuant to subsection D of this section to the state registrar not later than the tenth day of the calendar month following the month in which the court issued its order.  Based on the information contained in the order, the state registrar shall create and register a delayed birth certificate that includes a list of the information and evidentiary documents as stated in the order.

F. For the purposes of this section, "court" means the superior court or tribal court.
A.R.S. § 36-797.42 — Arizona Code / Title 36 / Chapter 6 / Article 13 / Section 797.42
36-797.42 Testing by department; consent
Status: in_force

36-797.42. Testing by department; consent

A. Testing for sickle cell anemia may be conducted at the following times by the department of health services:

1. Upon first enrollment of a child in an elementary school in this state.

2. For any child not tested pursuant to paragraph 1, upon first enrollment at a junior high school or senior high school in this state, as the case may be.

3. Upon application of any person for a license to marry, the parties seeking to be married may be tested.

4. For any pregnant woman.

B. The department of health services may require that a test be given for sickle cell anemia to any identifiable segment of the population which the department determines is susceptible to sickle cell anemia at a disproportionately higher ratio than is the balance of the population.

C. Testing for sickle cell anemia may not be conducted without the consent of the:

1. Person upon whom the test is to be conducted.

2. Parent or guardian of a minor upon whom the test is to be conducted.
A.R.S. § 36-2156 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2156
36-2156 Informed consent; ultrasound required; violation; civil relief; statute of limitations
Status: in_force

36-2156. Informed consent; ultrasound required; violation; civil relief; statute of limitations

A. An abortion shall not be performed or induced without the voluntary and informed consent of the woman on whom the abortion is to be performed or induced.  Except in the case of a medical emergency and in addition to the other requirements of this chapter, consent to an abortion is voluntary and informed only if both of the following are true:

1. At least twenty-four hours before the woman having any part of an abortion performed or induced, and before the administration of any anesthesia or medication in preparation for the abortion on the woman, the physician who is to perform the abortion, the referring physician or a qualified person working in conjunction with either physician shall:

(a) Perform fetal ultrasound imaging and auscultation of fetal heart tone services on the woman undergoing the abortion.

(b) Offer to provide the woman with an opportunity to view the active ultrasound image of the unborn child and hear the heartbeat of the unborn child if the heartbeat is audible.  The active ultrasound image must be of a quality consistent with standard medical practice in the community, contain the dimensions of the unborn child and accurately portray the presence of external members and internal organs, if present or viewable, of the unborn child.  The auscultation of fetal heart tone must be of a quality consistent with standard medical practice in the community.

(c) Offer to provide the woman with a simultaneous explanation of what the ultrasound is depicting, including the presence and location of the unborn child within the uterus, the number of unborn children depicted, the dimensions of the unborn child and the presence of any external members and internal organs, if present or viewable.

(d) Offer to provide the patient with a physical picture of the ultrasound image of the unborn child.

2. The woman certifies in writing before the abortion that she has been given the opportunity to view the active ultrasound image and hear the heartbeat of the unborn child if the heartbeat is audible and that she opted to view or not view the active ultrasound image and hear or not hear the heartbeat of the unborn child.

B. A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.

C. In addition to other remedies available under the common or statutory law of this state, any of the following may file a civil action to obtain appropriate relief for a violation of this section:

1. A woman on whom an abortion has been performed without her informed consent as required by this section.

2. The father of the unborn child if married to the mother at the time she received the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct.

3. The maternal grandparents of the unborn child if the mother was not at least eighteen years of age at the time of the abortion, unless the pregnancy resulted from the plaintiff's criminal conduct.

D. A civil action filed pursuant to subsection C of this section shall be brought in the superior court in the county in which the woman on whom the abortion was performed resides and may be based on a claim that failure to obtain informed consent was a result of simple negligence, gross negligence, wantonness, wilfulness, intention or any other legal standard of care.  Relief pursuant to subsection C of this section includes any of the following:

1. Money damages for all psychological, emotional and physical injuries resulting from the violation of this section.

2. Statutory damages in an amount equal to five thousand dollars or three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

E. A civil action brought pursuant to this section must be initiated within six years after the violation occurred.
A.R.S. § 36-975 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 975
36-975 Dispensing
Status: in_force

36-975. Dispensing

A. Bulk food may be dispensed by either:

1. Mechanical dispensing devices including gravity dispensers, pumps, extruders and augers.

2. Manual dispensing from lidded product modules using utensils including tongs, scoops, ladles and spatulas.

B. A manual dispensing utensil shall have a handle long enough to avoid consumer contact with the bulk food. When dispensing utensils are not in use, they shall be stored in the food with the handle extended out of the food, in a sleeve or protective housing attached or adjacent to the display unit or on a tether made of easily cleanable material and short enough to prevent contact with the floor.
A.R.S. § 36-1625 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1625
36-1625 Municipal code not superseded
Status: in_force

36-1625. Municipal code not superseded

Nothing in this article shall be construed to supersede or reduce the requirements of an ordinance or code of an incorporated city or town on the same subject.
A.R.S. § 36-2989 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2989
36-2989 Covered health and medical services; modifications; related delivery of service requirements
Status: in_force

36-2989. Covered health and medical services; modifications; related delivery of service requirements

A. Except as provided in this section, health and medical services prescribed in section 36-2907 are covered services and include:

1. Inpatient hospital services that are ordinarily furnished by a hospital for the care and treatment of inpatients, that are medically necessary and that are provided under the direction of a physician or a primary care practitioner. For the purposes of this paragraph, inpatient hospital services exclude services in an institution for tuberculosis or mental diseases unless authorized by federal law.

2. Outpatient health services that are medically necessary and ordinarily provided in hospitals, clinics, offices and other health care facilities by licensed health care providers. For the purposes of this paragraph, "outpatient health services" includes services provided by or under the direction of a physician or a primary care practitioner.

3. Other laboratory and X-ray services ordered by a physician or a primary care practitioner.

4. Medications that are medically necessary and ordered on prescription by a physician, a primary care practitioner or a dentist licensed pursuant to title 32, chapter 11.

5. Medical supplies, equipment and prosthetic devices.

6. Treatment of medical conditions of the eye, including eye examinations for prescriptive lenses and the provision of prescriptive lenses for members.

7. Medically necessary dental services.

8. Well child services, immunizations and prevention services.

9. Family planning services that do not include abortion or abortion counseling. If a contractor elects not to provide family planning services, this election does not disqualify the contractor from delivering all other covered health and medical services under this article. In that event, the administration may contract directly with another contractor, including an outpatient surgical center or a noncontracting provider, to deliver family planning services to a member who is enrolled with a contractor who elects not to provide family planning services.

10. Podiatry services that are performed by a podiatrist licensed pursuant to title 32, chapter 7 and that are ordered by a primary care physician or primary care practitioner.

11. Medically necessary pancreas, heart, liver, kidney, cornea, lung and heart-lung transplants and autologous and allogeneic bone marrow transplants and immunosuppressant medications for these transplants ordered on prescription by a physician licensed pursuant to title 32, chapter 13 or 17.

12. Medically necessary emergency and nonemergency transportation.

13. Inpatient and outpatient behavioral health services that are the same as the least restrictive health benefits coverage plan for behavioral health services that are offered through a health care services organization for state employees under section 38-651.

14. Hospice care.

B. The administration shall pay noncontracting providers only for health and medical services as prescribed in subsection A of this section.

C. To the extent possible and practicable, the administration and contractors shall provide for the prior approval of medically necessary services provided pursuant to this article.

D. The director shall make available home health services in lieu of hospitalization pursuant to contracts awarded under this article.

E. Behavioral health services shall be provided to members through the administration's contractors. The administration acting through regional behavioral health authorities as defined in section 36-3401 shall use its established diagnostic and evaluation program for referrals of children who are not already enrolled pursuant to this article and who may be in need of behavioral health services. In addition to an evaluation, the administration acting through regional behavioral health authorities as defined in section 36-3401 shall also identify children who may be eligible under section 36-2901, paragraph 6, subdivision (a) or section 36-2931, paragraph 5 and shall refer the children to the appropriate agency responsible for making the final eligibility determination.

F. The director shall adopt rules for the provision of transportation services for members. Prior authorization is not required for medically necessary ambulance transportation services rendered to members initiated by dialing telephone number 911 or other designated emergency response systems.

G. The director may adopt rules to allow the administration to use a second opinion procedure under which surgery may not be eligible for coverage pursuant to this article without documentation as to need by at least two physicians or primary care practitioners.

H. All health and medical services provided under this article shall be provided in the geographic service area of the member, except:

1. Emergency services and specialty services.

2. The director may permit the delivery of health and medical services in other than the geographic service area in this state or in an adjoining state if it is determined that medical practice patterns justify the delivery of services or a net reduction in transportation costs can reasonably be expected.  Notwithstanding section 36-2981, paragraph 8 or 11, if services are procured from a physician or primary care practitioner in an adjoining state, the physician or primary care practitioner shall be licensed to practice in that state pursuant to licensing statutes in that state that are similar to title 32, chapter 13, 15, 17 or 25.

I. Covered outpatient services shall be subcontracted by a primary care physician or primary care practitioner to other licensed health care providers to the extent practicable for purposes of making health care services available to underserved areas, reducing costs of providing medical care and reducing transportation costs.

J. The director shall adopt rules that prescribe the coordination of medical care for members and that include a mechanism to transfer members and medical records and initiate medical care.

K. The director shall adopt rules for the reimbursement of specialty services provided to the member if authorized by the member's primary care physician or primary care practitioner.

L. Pursuant to the terms and conditions that are approved by the centers for medicare and medicaid services and subject to available funding, the director shall implement limited benefit coverage prerelease services to eligible incarcerated individuals or committed youth for up to ninety days immediately before the individuals' or committed youth's expected date of release from a prison, jail, secure care facility or tribal correctional facility.
A.R.S. § 36-3002 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3002
36-3002 Domestic violence services fund; purpose
Status: in_force

36-3002. Domestic violence services fund; purpose

A. The domestic violence services fund is established consisting of monies received pursuant to section 12-116.06, section 12-284.03, subsection A, paragraph 2, section 41-178 and section 43-618.  The program administrator shall administer the fund for the purposes prescribed in this section.

B. The department of economic security, after full consultation with a statewide coalition against domestic violence, shall establish program priorities for the fund. Subject to legislative appropriation, the department shall expend monies in the fund to provide financial assistance to service providers for victims of domestic violence through contracts for services.

C. Monies in the fund do not revert to the state general fund.
A.R.S. § 36-2605 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2605
36-2605 Controlled substances prescription monitoring program fund
Status: in_force

36-2605. Controlled substances prescription monitoring program fund

A. The controlled substances prescription monitoring program fund is established consisting of legislative appropriations, transfers pursuant to section 32-1907 and any grants, gifts or donations received by the board. The board shall administer the fund.  Monies in the fund are continuously appropriated and shall be used to operate the controlled substances prescription monitoring program established pursuant to section 36-2602.

B. The board may apply for grants and may accept gifts, grants or donations for the establishment and maintenance of the computerized prescription monitoring program.
A.R.S. § 36-520 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 520
36-520 Application for evaluation; definition
Status: in_force

36-520. Application for evaluation; definition

A. Any responsible individual may apply for a court-ordered evaluation of a person who is alleged to be, as a result of a mental disorder, a danger to self or to others or a person with a persistent or acute disability or a grave disability and who is unwilling or unable to undergo a voluntary evaluation. The application shall be made in the prescribed form and manner as adopted by the director.

B. The application for evaluation shall include the following, if known:

1. The name and address of the proposed patient for whom evaluation is applied.

2. The age, date of birth, sex, race, marital status, occupation, social security number, present location, dates and places of previous hospitalizations, names and addresses of the guardian, agent under a health care power of attorney or mental health care power of attorney, spouse, next of kin and significant other persons and other data that the director may require on the form to whatever extent that this data is known and is applicable to the proposed patient.

3. The name, address and relationship of the person who is applying for the evaluation.

4. A statement that the proposed patient is exhibiting behaviors that may be consistent with a mental disorder and is believed to be, as a result of a mental disorder, a danger to self or to others or a patient with a persistent or acute disability or a grave disability and the facts on which this statement is based.

5. A statement from the applicant of whether the applicant believes that the proposed patient is or is not willing or able to undergo voluntary evaluation and the facts on which this statement is based.

6. A statement of the proposed patient's relevant history of mental health diagnosis, treatment recommended or provided and compliance with the treatment recommended or provided.

7. A statement that the applicant believes the proposed patient is in need of screening, evaluation, supervision, care and treatment and the facts on which this statement is based.

8. Copies of all documents relating to guardianship or powers of attorney that allow the guardian or agent to consent to inpatient psychiatric treatment, which shall be attached to the application if available at the time of the application.

9. A statement by the applicant of whether the applicant believes that, without a period of inpatient observation, stabilization and assessment or emergency inpatient psychiatric hospitalization, the proposed patient is likely to cause or endure serious physical harm or injury and the facts supporting that statement.

10. To the extent known, the names and contact information of persons other than the applicant who have witnessed the behavior exhibited by the proposed patient on which the application is based. The screening agency may not deny or refuse to process an application because no other witnesses have been identified.

C. The application shall be signed and notarized. For an application made by a peace officer or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application.

D. The screening agency shall offer assistance to the applicant in preparation of the application. On receipt of the application, the screening agency shall immediately note on the front of the application the time and date of receipt, shall log this information in a record of applications received by the screening agency and shall act as prescribed in section 36-521 within forty-eight hours after the filing of the application, excluding weekends and holidays. If the application is not acted on within forty-eight hours, excluding weekends and holidays, the reasons for not acting promptly shall be reviewed by the director of the screening agency or the director's designee and the reasons shall be stated in the report required by section 36-521, subsection B.

E. If the applicant for the court-ordered evaluation presents the person to be evaluated at the screening agency, the agency shall conduct a prepetition screening examination. Except in the case of an emergency evaluation, the person to be evaluated shall not be detained or forced to undergo prepetition screening against the person's will.

F. In the course of conducting a prepetition screening, the screening agency shall accept and consider information relevant to the present behavior and past behavioral health history of the proposed patient from persons who have a significant relationship with the proposed patient, including family members and guardians.

G. If the applicant for the court-ordered evaluation does not present the person to be evaluated at the screening agency, the agency shall conduct the prepetition screening at the home of the person to be evaluated or any other place the person to be evaluated is found. If prepetition screening is not possible, the screening agency shall proceed as prescribed in section 36-521, subsection B.

H. If a person is being treated by prayer or spiritual means alone in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner of that church or denomination, the person may not be ordered evaluated, detained or involuntarily treated unless the court has determined that the person is, as a result of mental disorder, a danger to others or to self.

I. If the application is not acted on because it has been determined that the proposed patient does not need an evaluation, the medical director of the screening agency or the medical director's designee shall make a written statement of the reasons why the proposed patient does not need an evaluation and shall retain the application together with the medical director's statement and any records or reports concerning prepetition screening required pursuant to section 36-521.

J. If the screening agency determines that the application should be denied or if the application is accepted but the screening agency declines to file a petition for court-ordered evaluation, the screening agency shall comply with the requirements of section 36-521, subsection C. If the screening of the proposed patient took place in a facility operated by the screening agency, the screening agency shall attempt to notify the applicant that the screening agency intends to release the proposed patient. The screening agency shall document the time and method of the notification or an unsuccessful attempt to notify the applicant. If requested by the applicant, the medical director of the screening agency or the medical director's designee shall provide the reason for the denial of the application or the decision not to file a petition for court-ordered evaluation if either:

1. The disclosure is not opposed by the person who was screened.

2. The person who was screened is deemed to lack capacity to make the decision to allow the disclosure and the disclosure is deemed to be in the person's best interest.

K. For the purposes of this section, "person" includes a person who:

1. Is under eighteen years of age.

2. Has been transferred to the criminal division of the superior court pursuant to section 8-327 or who has been charged with an offense pursuant to section 13-501.

3. Is under the supervision of an adult probation department.
A.R.S. § 36-2031 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2031
36-2031 Criminal laws limitations
Status: in_force

36-2031. Criminal laws limitations

A. No county, municipality or other political subdivision may adopt or enforce any local law, ordinance, resolution or rule having the force of law that includes being a common drunkard or being found in an intoxicated condition as one of the elements of the offense giving rise to criminal or civil penalty or sanctions, but nothing in this article shall affect any laws, ordinances, resolutions or rules against drunken driving, driving under the influence of alcohol or other similar offenses involving the operation of vehicles, aircraft, boats, machinery or other equipment, or regarding the sale, purchase, dispensing, possessing or using of alcoholic beverages at stated times and places or by particular classes of persons.

B. No county, municipality or other political subdivision may interpret or apply any law of general application to circumvent the provision of subsection A.
A.R.S. § 36-540.01 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 540.01
36-540.01 Conditional outpatient treatment
Status: in_force

36-540.01. Conditional outpatient treatment

A. The medical director may issue an order for conditional outpatient treatment for a patient ordered to undergo treatment pursuant to section 36-540 if, after consultation with staff familiar with the patient's case history, the medical director determines with a reasonable degree of medical probability that all of the following apply:

1. The patient no longer requires continuous inpatient hospitalization.

2. The patient will be more appropriately treated in an outpatient treatment program.

3. The patient will follow a prescribed outpatient treatment plan.

4. The patient will not likely become dangerous, suffer more serious physical harm or serious illness or further deteriorate if the patient follows a prescribed outpatient treatment plan.

B. The order for conditional outpatient treatment issued by the medical director shall include a written outpatient treatment plan prepared by staff familiar with the patient's case history and approved by the medical director. If a petition has been filed pursuant to section 13-4517 the prosecuting agency may provide the court with information that is contained in the patient's criminal history and that may be relevant to protecting the well-being of the patient and the public.  The plan shall include all of the following:

1. A statement of the patient's requirements, if any, for supervision, medication and assistance in obtaining basic needs such as employment, food, clothing or shelter.

2. The address of the residence where the patient is to live and the name of the person in charge of the residence, if any.

3. The name and address of any person, agency or organization assigned to supervise an outpatient treatment plan or care for the patient, and the extent of authority of the person, agency or organization in carrying out the terms of the plan.

4. The conditions for continued outpatient treatment, which may require periodic reporting, continuation of medication and submission to testing, and may restrict travel, consumption of spirituous liquor and drugs, associations with others and incurrence of debts and obligations or such other reasonable conditions as the medical director may specify.

5. Any other provisions that the medical director or the court believes are necessary to protect the well-being of the patient and the public.

C. The court may order that the medical director provide notice to the court of specific instances of noncompliance as specified by the court.

D. Before release for conditional outpatient treatment, the patient shall be provided with copies and full explanations of the medical director's order and the treatment plan. If, after full explanation, the patient objects to the plan or any part of it, the objection and reasons for the objection shall be noted in the patient's record. The medical director's order and treatment plan shall be filed in the patient's medical file and shall also be filed with the court.

E. The period for which conditional outpatient treatment may be ordered may not exceed the remainder of the period of court-ordered treatment.

F. Before the release of a patient for outpatient treatment, the medical director shall give notice pursuant to section 36-541.01, subsection C and a motion for a determination by the court as to whether the standard for conditional release of the patient has been met may be made by the persons and in the manner provided for in section 36-541.01, subsection I. Before the release of a person found to be a danger to self or others or found to have a persistent or acute disability or a grave disability for outpatient treatment, the medical director shall give notice to the court that ordered the patient to undergo treatment.  If criminal charges against a patient involving death or serious physical injury or a violation of title 13, chapter 14 are dismissed pursuant to section 13-4517, the medical director shall notify the prosecuting agency if a civil commitment order issued pursuant to this chapter expires or is terminated, or if the patient is discharged to outpatient treatment.  The medical director shall provide this notice by mail at least five days before the anticipated date of the expiration, termination or discharge.

G. The medical director shall require periodic reports concerning the condition of patients on conditional outpatient treatment from any person, agency or organization assigned to supervise an outpatient treatment plan. The medical director shall require these reports at intervals not to exceed thirty days.

H. The medical director shall review the condition of a patient on conditional outpatient treatment at least once every thirty days and enter the findings in writing in the patient's file. In conducting the review, the medical director shall consider all reports and information received and may require the patient to report for further evaluation.

I. The medical director may amend any part of the outpatient treatment plan during the course of conditional outpatient treatment. If the plan is amended, the medical director shall issue a new order including the amended outpatient treatment plan. The new order and amended outpatient treatment plan shall be filed in the patient's medical file.  Copies of the new order and outpatient treatment plan shall be immediately provided to the patient and to any person, agency or organization assigned to supervise an outpatient treatment plan. Copies of the new order and outpatient treatment plan shall be immediately filed with the court and, if a prosecutor filed a petition pursuant to section 13-4517, with the prosecuting agency.

J. The medical director may rescind an order for conditional outpatient treatment and order the patient to return to a mental health treatment agency at any time during the period of court ordered treatment if, in the medical director's judgment, the patient has failed to comply with a term of the outpatient treatment plan or if, for any reason, the medical director determines that the patient needs inpatient treatment or that conditional outpatient treatment is no longer appropriate. The medical director shall give notice to the court that issued the treatment order and the prosecuting agency if a prosecutor filed a petition pursuant to section 13-4517.

K. If the medical director rescinds an order for conditional outpatient treatment and the patient is returned to a mental health treatment agency for inpatient treatment, the patient shall be informed of the patient's right to judicial review and right to consult with counsel pursuant to section 36-546.

L. If the medical director rescinds an order for conditional outpatient treatment and orders the patient to return to a mental health treatment agency, the medical director may request, or a court may order, a peace officer or a designated officer or employee of the treatment agency to take the patient into custody for immediate delivery to the agency pursuant to section 36-544.

M. The medical director is not civilly liable for any act committed by a patient while on conditional outpatient treatment if the medical director has in good faith followed the requirements of this section.

N. This section does not prevent the medical director from authorizing a patient ordered to undergo treatment pursuant to section 36-540 as a danger to self or a danger to others or a patient with a persistent or acute disability or a grave disability to leave the treatment agency for periods of no more than five days under the care, custody and control of a spouse, relative or other responsible person if the medical director determines that the patient will not become dangerous or suffer serious physical harm or illness during that time.

O. The medical director may authorize a patient who is civilly committed pursuant to section 36-540 to leave the state hospital grounds unaccompanied if the leave is part of an inpatient individualized treatment and discharge plan and the medical director determines that the patient will not become dangerous or suffer serious physical harm or illness during that time.
A.R.S. § 36-540.02 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 540.02
36-540.02 Transfer of a person with a grave disability without a guardian from a mental health treatment agency to another health care facility
Status: in_force

36-540.02. Transfer of a person with a grave disability without a guardian from a mental health treatment agency to another health care facility

A. A person who does not have a guardian under section 14-5312.01 and who has been found by the court to have a grave disability and ordered to undergo treatment pursuant to this article may receive care in another health care institution licensed by the department during the course of the person's court-ordered treatment in accordance with administration rules.

B. The director shall adopt rules pertaining to persons described in subsection A of this section to provide for their alternative care in another health care institution licensed by the department during the course of court-ordered treatment. The rules shall allow transfer of patients from a mental health treatment agency to another health care institution, transfer from one such institution to another and return to a mental health treatment agency.
A.R.S. § 36-1693 — Arizona Code / Title 36 / Chapter 13 / Article 8 / Section 1693
36-1693 Risk assessment fund; purpose; sources
Status: in_force

36-1693. Risk assessment fund; purpose; sources

A. The risk assessment fund is established.  The director of the department of health services shall administer the fund.  The fund consists of monies from the following sources:

1. Legislative appropriations.

2. Risk assessment fees collected pursuant to section 36-1692.

3. Gifts, grants and donations.

B. Monies in the risk assessment fund shall be used for the following purposes:

1. Performing health effect studies and risk assessments.

2. Evaluating and calculating cleanup standards.

3. Assisting in communicating health and risk issues to the public.

4. Providing for the reasonable and necessary costs for administering this article, including the reasonable and necessary costs of administering the fund.

C. The director of environmental quality and the director of the department of health services shall enter into an agreement for determining the assessment and evaluation services that the department of health services shall provide to the department of environmental quality and the method for determining reimbursement for those services for which the cost exceeds the amount of monies transferred pursuant to this section.  The assessment and evaluation services provided by agreement with the department of environmental quality may include services not related to the water quality assurance revolving fund and may include any of the following:

1. Performing health effect studies and risk assessments.

2. Evaluating and calculating cleanup standards.

3. Assisting in communicating health and risk issues to the public.

D. On July 1 in fiscal years 2000-2001, 2001-2002 and 2002-2003, the director of environmental quality shall transfer two hundred sixteen thousand dollars from the water quality assurance revolving fund established by section 49-282 to the department of health services for deposit in the risk assessment fund for purposes of the risk assessment program established pursuant to this article.

E. On notice from the director of the department of health services, the state treasurer shall invest and divest monies in the fund as provided by section 35-313 and monies earned from investment shall be credited to the fund.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations, except that at the end of the fiscal year the director of the department of health services shall return for deposit in the water quality assurance revolving fund all unexpended and unencumbered monies from the previous fiscal year's transfer.
A.R.S. § 36-2999.54 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.54
36-2999.54 Assessments; failure to pay; suspension or revocation
Status: in_force

36-2999.54. Assessments; failure to pay; suspension or revocation

(Rpld. 10/1/31)

A. Each nursing facility shall pay a quality assessment as prescribed pursuant to this article.  The administration shall determine the assessment rate prospectively for the applicable fiscal year on a per resident day basis, exclusive of medicare resident days.  The administration shall adopt rules for facility reporting of nonmedicare resident days and for payment of the assessment.

B. A nursing facility may increase its charges to other payors to incorporate the assessment but may not establish a separate line-item charge on the bill reflecting the assessment.

C. If an entity conducts, operates or maintains more than one nursing facility, the entity must pay a quality assessment for each nursing facility separately.

D. If a nursing facility does not pay the full amount of the assessment when due, the director of the Arizona health care cost containment system administration may suspend or revoke the nursing facility's Arizona health care cost containment system provider agreement registration.  If the nursing facility does not comply within one hundred eighty days after the director of the Arizona health care cost containment system administration suspends or revokes the nursing facility's provider agreement, the director of the Arizona health care cost containment system administration shall notify the director of the department of health services, who shall suspend or revoke the nursing facility's license pursuant to section 36-427.
A.R.S. § 36-1409 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1409
36-1409 Rentals and tenant selection
Status: in_force

36-1409. Rentals and tenant selection

A. In the operation or management of housing projects a public housing authority, city, town or county shall at all times observe the following duties with respect to rentals and tenant selection:

1. Unless the commissioners have determined that a mixed income project is in the community's best interests, the public housing authority, city, town or county may rent or lease the dwelling accommodations only to persons of low income and at rentals within the financial reach of such persons.

2. It may rent or lease to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants, without overcrowding.

3. It shall fix income limits for occupancy and rents after taking into consideration the family size, composition, age, disability and other factors which might affect the rent-paying ability of the person and the economic factors which affect the financial stability and solvency of the project.

B. This section and section 36-1408 do not limit the power of a public housing authority, city, town or county to vest in an obligee the right, in the event of a default by the city, town or county, to take possession of and operate a housing project or to cause the appointment of a receiver, free from all the restrictions imposed by this section or section 36-1408.
A.R.S. § 36-3716 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3716
36-3716 Expenditure limitation; political subdivision
Status: in_force

36-3716. Expenditure limitation; political subdivision

A. The total amount of monies that may be spent in any fiscal year by a political subdivision pursuant to this article for all aspects of the sexually violent persons program shall not exceed the amount authorized by the budget established pursuant to section 11-201 or section 11-251, paragraph 30, for that purpose.

B. This section shall not be construed to impose a duty of a political subdivision or an officer, agent or employee of a political subdivision to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of the monies of the political subdivision in excess of the expenditure authorized by the political subdivision for that specific purpose.
A.R.S. § 36-803 — Arizona Code / Title 36 / Chapter 7 / Article 1 / Section 803
36-803 Power to require records and establish rules and regulations
Status: in_force

36-803. Power to require records and establish rules and regulations

The director of department of health services may require records and information and establish such rules, regulations and procedures in compliance with and in furtherance of this article as are convenient and proper for the discharge of its duties.
A.R.S. § 36-2261 — Arizona Code / Title 36 / Chapter 21.1 / Article 3 / Section 2261
36-2261 Definitions
Status: in_force

36-2261. Definitions

In this article, unless the context otherwise requires:

1. "Automated external defibrillator" means a medical device heart monitor and defibrillator that:

(a) Is approved for premarket modification by the United States food and drug administration pursuant to 21 United States Code section 360(k).

(b) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, if defibrillation should be performed.

(c) Automatically charges and delivers an electrical impulse to a person's heart when it determines that defibrillation should be performed.

2. "Defibrillation" means the administration of a controlled electrical charge to the heart to restore a viable cardiac rhythm.

3. "Physician" means a physician who is licensed pursuant to title 32, chapter 13 or 17, and who provides medical oversight services pursuant to section 36-2262.

4. "Trained user" means a person who is the expected user of an automated external defibrillator and who has completed training in its use.

5. "Training" means a state approved course in cardiopulmonary resuscitation and the use of an automated external defibrillator for the lay rescuer and first responder, including the course adopted by the American heart association and in effect as of December 31, 1998.
A.R.S. § 36-4001 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4001
36-4001 Definitions
Status: in_force

36-4001. Definitions

In this article, unless the context otherwise requires:

1. "Attorney for the state" means the county attorney in the county where the committed defendant was found to be a committed defendant, or the attorney general, who represents this state at any proceedings held pursuant to this chapter.

2. "Biannually" means twice per year.

3. "Committed defendant":

(a) Means a person who has been determined to be incompetent and nonrestorable and dangerous pursuant to title 13, chapter 41.

(b) Includes the committed defendant's attorney or the committed defendant's court-appointed guardian, if any.

4. "Competent professional" means a person who is:

(a) Familiar with this state's criminal and involuntary commitment statutes and standards that are available in this state for persons with a mental illness, defect or disability.

(b) Approved by the superior court as meeting court approved guidelines.

5. "Dangerous" means that, as a result of a mental illness, defect or disability, a person's continued behavior can reasonably be expected, on the basis of a mental health expert's opinion, to result in serious physical harm or death to another person.

6. "Less restrictive alternative" means court-ordered treatment in a setting that is less restrictive than total confinement.

7. "Medical director" means the medical director of the secure behavioral health residential facility in which the committed defendant resides.

8. "Mental illness, defect or disability" means a psychiatric or neurological disorder that is evidenced by behavioral or emotional symptoms, including a congenital mental condition, a condition resulting from injury or disease or a developmental disability as defined in section 36-551.

9. "Secure state mental health facility" means a secure behavioral health residential facility that is licensed pursuant to section 36-425.06.
A.R.S. § 36-2903.05 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.05
36-2903.05 Uniform application and eligibility process
Status: in_force

36-2903.05. Uniform application and eligibility process

A. The director shall adopt rules to prescribe a uniform application and eligibility process for participants in the premium sharing program, the children's health insurance program and healthcare group.

B. The administration shall coordinate application screening for the programs prescribed in subsection A and facilitate the transfer of a member from one program to another program for which the member qualifies.
A.R.S. § 36-405.02 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 405.02
36-405.02 Outpatient behavioral health and other related health care services; employees; rules
Status: in_force

36-405.02. Outpatient behavioral health and other related health care services; employees; rules

The department shall allow a person who is employed at a health care institution that provides outpatient behavioral health services, who is not a licensed behavioral health professional and who is at least eighteen years of age to provide outpatient behavioral health or other related health care services pursuant to all applicable department rules.  The director shall adopt rules consistent with this section.
A.R.S. § 36-3282 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3282
36-3282 Execution requirements
Status: in_force

36-3282. Execution requirements

A. To be valid, a mental health care power of attorney shall:

1. Be executed by a principal who is not incapable, as defined in section 36-3281.

2. Be in writing.

3. Contain language that clearly indicates that the principal intends to create a mental health care power of attorney.

4. Except as provided pursuant to subsection C of this section, be dated and signed or marked by the principal.

5. Be notarized or witnessed in writing by at least one adult who affirms that the notary or witness was present when the principal dated and signed or marked the mental health care power of attorney and that the principal appeared to be of sound mind and free from duress, fraud or undue influence at that time.

B. If a mental health care power of attorney expressly provides that the agent can admit the principal to an inpatient psychiatric facility licensed by the department of health services, each paragraph that grants this authority must be separately initialed by the principal at the time the mental health care power of attorney is signed and witnessed.

C. If the principal is physically unable to sign or mark a mental health care power of attorney, the notary and each witness shall verify on the document that the principal indicated to the notary or witness that the mental health care power of attorney expressed the principal's wishes and that the principal intended to adopt the mental health care power of attorney at that time.

D. A notary or witness shall not be any of the following:

1. A person designated to make medical decisions on the principal's behalf.

2. A professional care provider directly involved with the provision of care to the principal at the time the mental health care power of attorney is executed.

E. If a mental health care power of attorney is witnessed by only one person, that person shall not be either:

1. Related to the principal by blood, marriage or adoption.

2. Entitled to any part of the principal's estate by will or by operation of law at the time that the power of attorney is executed.

F. A mental health care power of attorney may be used as part of or independent of a health care power of attorney as defined in section 36-3201.
A.R.S. § 36-859 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 859
36-859 Effect of anatomical gift on health care directive; definitions
Status: in_force

36-859. Effect of anatomical gift on health care directive; definitions

A. If the terms of a prospective donor's living will or health care directive and the express or implied terms of an anatomical gift made by the prospective donor, or made by any other person, appear to be in conflict with regard to the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy, appropriate consultation shall occur to determine the prospective donor's actual or likely intent in resolving that conflict.  Resolution of the conflict shall occur as expeditiously as possible.  If the prospective donor is unable to resolve the conflict, another person authorized by law to make health care decisions on behalf of the prospective donor shall resolve the conflict. Before resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor if withholding or withdrawing of the measures is not contraindicated by appropriate end of life care.

B. For the purposes of subsection A of this section, appropriate consultation must include the prospective donor's attending physician, the hospital’s ethics committee or, if none, a designated representative of the hospital, and the agent acting under the prospective donor's health care directive or, if none, any other individual authorized by law to make health care decisions on behalf of the prospective donor and may include the appropriate procurement organization and any other person authorized to make an anatomical gift pursuant to section 36-848.  If the appropriate consultation does not resolve the conflict, the agent acting under the prospective donor's health care directive or, if none, any other individual authorized by law to make health care decisions on behalf of the prospective donor, or the majority of such individuals, is empowered to make the final decision of how to proceed.

C. For the purposes of this section:

1. "Health care decision" means any decision made regarding the health care of the prospective donor.

2. "Health care directive" has the same meaning prescribed in section 36-3201.

3. "Living will" has the same meaning prescribed in section 36-3201.
A.R.S. § 36-495.12 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.12
36-495.12 Violations; civil penalties
Status: in_force

36-495.12. Violations; 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 chapter after a hearing is conducted pursuant to title 41, chapter 6, article 10. Each day that a violation continues constitutes a separate violation.

B. The attorney general or the county attorney shall bring actions to enforce the collection of penalties assessed pursuant to subsection A in the name of this state in the justice court or the superior court in the county in which the violation occurs.

C. Penalties assessed under 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. § 36-424.01 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 424.01
36-424.01 Behavioral health facilities; sober living home information disclosure; department compliance verification; definitions
Status: in_force

36-424.01. Behavioral health facilities; sober living home information disclosure; department compliance verification; definitions

A. A behavioral health outpatient treatment center that is a service provider shall include on its patient intake form the license number or name and address of the sober living home in which the patient is living, if applicable. The department may verify compliance with the requirement of this section during any in-person survey or complaint investigation or at any other time determined by the department.

B. For the purposes of this section:

1. "Service provider" has the same meaning prescribed in section 36-3401.

2. "Sober living home" has the same meaning prescribed in section 36-2061.
A.R.S. § 36-1621 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1621
36-1621 Definitions
Status: in_force

36-1621. Definitions

In this article, unless the context otherwise requires:

1. "Cylinder" means a portable container that is constructed to United States department of transportation specifications that has less than two hundred thirty-nine pounds of water capacity and that is capable of storing liquefied petroleum gas.

2. "Gas appliance" means an appliance which is designed or used for the combustion of natural gas, manufactured gas, liquefied petroleum gases in any form or any mixture or combination of natural, manufactured or liquefied petroleum gas.

3. "Liquefied petroleum gas" means any hydrocarbon or mixture of hydrocarbons composed predominantly of propane, propylene, butanes, normal butane, isobutane or butylenes.

4. "Person" means a natural person, a corporation, partnership, firm, receiver or trustee or any organized group of persons.
A.R.S. § 36-2935 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2935
36-2935 Estate recovery program; liens
Status: in_force

36-2935. Estate recovery program; liens

A. The director shall adopt rules in accordance with state and federal law to allow the administration to file a claim against a member's estate to recover paid assistance. The administration is also entitled to a lien on a member's property to recover paid assistance the member receives.

B. A member's personal representative must notify the administration of the member's estate or property within three months after the member's death if the member was at least fifty-five years of age and the administration has not already filed a statement of claim in the estate proceedings.

C. As nearly as is possible, the administration shall recover charges pursuant to the procedures prescribed in sections 36-2915 and 36-2916. If both the administration and a county have valid liens for paid assistance provided to the same member, or if both the administration and a special health care district have valid claims for paid assistance provided to the same member, the value of the property shall be divided between the administration, the special health care district and the county pro rata according to the amounts of their respective liens.

D. The administration shall impose liens in a manner consistent with federal law.

E. This section also applies to persons who are eligible pursuant to section 36-2901, paragraph 6, subdivision (a) and who receive medical assistance under article 1 of this chapter.
A.R.S. § 36-604 — Arizona Code / Title 36 / Chapter 6 / Article 1 / Section 604
36-604 Health menace near military encampments; classification
Status: in_force

36-604. Health menace near military encampments; classification

When a condition exists in an area adjacent to a military encampment outside the corporate limits of a city or town which, in the opinion of the commander of the encampment concurred in by the department of health services, constitutes a health menace, the person responsible for the condition shall, upon an order from the department, abate it. Failure to do so within twenty-four hours after service of the order for abatement is a class 2 misdemeanor.
A.R.S. § 36-2240 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2240
36-2240 Fees
Status: in_force

36-2240. Fees

Fees not to exceed the following amounts shall be paid by the owner of an ambulance service to the department for deposit in the state general fund to be available for legislative appropriation in order to carry out the provisions of this chapter:

1. One hundred dollars upon filing an application for a certificate of necessity.

2. Fifty dollars upon filing an application to amend, transfer or renew a certificate of necessity.

3. For the issuance of an initial certificate of necessity, two hundred dollars for each ambulance proposed to be operated by the ambulance service to which the certificate is granted.

4. An annual regulatory fee of two hundred dollars for each ambulance issued a certificate of registration pursuant to section 36-2212, to be collected at the same time as the certificate of registration fee imposed by section 36-2212.
A.R.S. § 36-1336 — Arizona Code / Title 36 / Chapter 11.3 / Article 1 / Section 1336
36-1336 No private cause of action
Status: in_force

36-1336. No private cause of action

This article does not create a private cause of action against a manufacturer of an individualized investigational drug, biological product or device or against any other person or entity involved in the care of an eligible patient using the individualized investigational drug, biological product or device for any harm done to the eligible patient resulting from the individualized investigational drug, biological product or device if the manufacturer or other person or entity is complying in good faith with the terms of this article and has exercised reasonable care.
A.R.S. § 36-187 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 187
36-187 County treasurer as treasurer of local departments of health; duties; collection of fees
Status: in_force

36-187. County treasurer as treasurer of local departments of health; duties; collection of fees

A. In the case of a county health department, the county treasurer, as a part of the official duties as county treasurer, shall serve as treasurer of the department, and the official bond as county treasurer shall extend to and cover his duties as treasurer of the department.

B. The treasurer of the county shall, upon organization of the department, establish a health department fund to which shall be credited any monies appropriated from a general county or city fund or funds, any revenue received by the department and any monies received from state, federal or other grants or donations for local health purposes.  Any monies credited to such funds shall be expended only for the purposes of the local health department and claims or demands against the funds shall be allowed only if certified by the director of the department or the president of the local board of health or any other member of the board designated by the president for such purpose.

C. A county board of health established pursuant to this article may adopt a schedule of reasonable fees to be collected by the department for issuing or renewing licenses or permits or for other services as are authorized by law and the rules of the director of the department of health services or the director of environmental quality, provided that:

1. Fees for services shall not be assessed or collected for services rendered to individuals except when those services are for the convenience of the individual and not a part of the preventive or curative medical care of persons for whom the county has a legal responsibility.

2. Fees for services shall not exceed the reasonable cost of providing the services required, including administrative costs.

3. Any such fee or schedule shall be approved by the county board of supervisors.
A.R.S. § 36-417 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 417
36-417 Use of compliance surveys; advertisement; requirements
Status: in_force

36-417. Use of compliance surveys; advertisement; requirements

A. The results of a department state compliance survey of a nursing care institution, assisted living center or assisted living home or a federal certification survey of a skilled nursing facility may not be used in an advertisement, unless the advertisement includes all of the following:

1. The date the survey was conducted.

2. A statement that the department conducts a survey of all licensed long-term care facilities and assisted living facilities at least once every fifteen months.

3. If a finding or deficiency cited in the statement of deficiencies has been substantially corrected, a statement that the finding or deficiency has been substantially corrected and the date the finding or deficiency was substantially corrected.

4. The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey.

5. The average number of findings and deficiencies cited in a statement of deficiencies for a nursing care institution or assisted living center or assisted living home during the same calendar year as the survey used in the advertisement.

6. A statement that the advertisement is neither authorized nor endorsed by the department or any other government agency.

B. This section does not prohibit the results of a survey, a statement of deficiencies or the findings and deficiencies cited in that statement on the basis of the survey under this section from being used in a criminal investigation or prosecution.
A.R.S. § 36-972 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 972
36-972 Applicability of article
Status: in_force

36-972. Applicability of article

This article applies to any person who displays, sells or offers for sale at retail any bulk food.
A.R.S. § 36-568.02 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 568.02
36-568.02 Confidentiality of health information
Status: in_force

36-568.02. Confidentiality of health information

A. If a health plan, a health care provider licensed or certified pursuant to title 32 or title XIX of the social security act or a health care institution licensed pursuant to chapter 4 of this title has provided or is providing services to a person and has custody or control of that person's medical or behavioral health records, the plan, provider or institution must provide the following to that person's service provider, relative or other person or agency in whose care the person receiving services is currently placed and to the department's employees who are involved in that person's case management:

1. Medical records.

2. Behavioral health records.

3. Information relating to the person's condition and treatment.

4. The person's prescription and nonprescription drugs, medications, durable medical equipment, devices and related information.

B. Notwithstanding subsection A, a competent adult or emancipated minor may restrict the release of the adult's or the minor's medical or behavioral health records, or both, and information that is otherwise allowable under state and federal law.
A.R.S. § 36-791 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 791
36-791 Crisis standards of care plan; crisis guidelines or standards; requirements; modification of existing plan, guidelines or standards; definition
Status: in_force

36-791. Crisis standards of care plan; crisis guidelines or standards; requirements; modification of existing plan, guidelines or standards; definition

A. If the department of health services adopts or establishes a crisis standards of care plan or crisis guidelines or standards to address resource allocation when the demand for certain health care services exceeds the supply of necessary resources, the plan, guidelines or standards must include the following provisions:

1. The allocation of health care resource decisions shall be made on the basis of valuing all life.

2. A patient or the patient's health care decision maker has the right to make the patient's health care choices.

3. Decisions on the allocation of health care resources may not discriminate on the basis of disability, age, race, religion, sex, veteran status or income status.

4. Health care providers may consider only short-term survival when making decisions regarding the allocation of health care resources.

5. Treatment resources may not be allocated based on any of the following:

(a) Quality of life judgments.

(b) Consideration of long-term mortality and long-term life expectancy.

(c) Resource intensity and duration of need due to disability or age.

6. Each patient has the right to an individualized assessment on the basis of the best available objective medical evidence and not on assumptions about the patient's perceived health, preexisting conditions or medical diagnosis.

7. Persons with disabilities and the aged have the right to reasonable modifications to ensure that all patients have equal access to medical care, including reasonable modification in patient assessment, communication and support needs due to disability or age.

8. A patient or the patient's family or health care decision maker has the right to appeal any triage decision.

B. A health care provider or health care institution staff member may not require a patient or the patient's health care decision maker to do either of the following:

1. Sign a do-not-resuscitate order.

2. Make a particular health care treatment decision.

C. The department of health services shall modify any existing crisis standards of care plan or crisis guidelines or standards within sixty days after September 29, 2021 to comply with the requirements of this section.

D. Representatives of the state protection and advocacy agency and advocates for the aged shall be members of the state disaster medical advisory committee, which is responsible for developing the crisis standards of care and other incident-specific priorities and guidance for delivering health care and using scarce medical resources during a public health emergency.

E. For the purposes of this section, "short-term survival" means a near-term survival from the episode of care that directly resulted from the illness or injury that required hospitalization.
A.R.S. § 36-2999.73 — Arizona Code / Title 36 / Chapter 29 / Article 7 / Section 2999.73
36-2999.73 Health care investment fund; purposes; approval
Status: in_force

36-2999.73. Health care investment fund; purposes; approval

(Conditionally Rpld.)

A. The health care investment fund is established consisting of the following:

1. Monies deposited in the fund pursuant to section 36-2999.72.

2. Interest earned pursuant to this section.

3. Legislative appropriations.

B. The director shall administer the health care investment fund.  The director may not use fund monies to pay for the base reimbursement level for hospital services.  The director shall use fund monies as necessary only for the purpose of funding the nonfederal share of the cost for the following:

1. To make directed payments to hospitals pursuant to 42 Code of Federal Regulations section 438.6(c) that supplement the base reimbursement level for hospital services to eligible persons as defined in section 36-2901.

2. To increase base reimbursement rates for services reimbursed under the administration's dental fee schedule and physician fee schedule, not including the physician drug fee schedule, to the extent necessary as determined by the administration to restore these providers' rates to the rate levels in existence before fiscal year 2008-2009, if these expenses do not exceed the lesser of $70,500,000 or twenty percent of the total assessment monies deposited pursuant to section 36-2999.72 for the fiscal year.

3. To pay for the nonfederal share of the costs for administrative expenses incurred by the administration or its agents in performing the activities authorized by this section, if these expenses do not exceed one percent of the total assessment monies deposited pursuant to section 36-2999.72 for the fiscal year.

C. The administration shall develop a process to ensure that contractors pass through directed payments to eligible providers in a timely manner.  Contractors may not reduce contracted rates as a result of directed payments.

D. Monies in the health care investment fund:

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

2. Are continuously appropriated.

3. Are to be credited against the total hospital assessment to be collected pursuant to section 36-2999.72 for the subsequent fiscal year if not expended for the purposes authorized under this section within the same fiscal year the monies are deposited in the fund.

4. May not be used to supplant existing and future appropriations to the administration for existing and future programs.

E. The administration may not use the monies in the health care investment fund pursuant to this section until the centers for medicare and medicaid services approves the use of the assessment monies for directed hospital expenditures pursuant to 42 Code of Federal Regulations section 438.6(c) and federal financial participation eligibility for the directed hospital expenditures contemplated under this section.

F. On notice from the administration, the state treasurer shall invest and divest monies in the health care investment fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 36-2266 — Arizona Code / Title 36 / Chapter 21.1 / Article 4 / Section 2266
36-2266 Prescribing and dispensing; immunity; definition
Status: in_force

36-2266. Prescribing and dispensing; immunity; definition

A. A physician who is licensed pursuant to title 32, chapter 13 or 17, a nurse practitioner licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs or any other health professional who has prescribing authority and who is acting within the health professional's scope of practice may prescribe or dispense, directly or by a standing order, naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration for use according to the protocol specified by the physician, nurse practitioner or other health professional to a person who is at risk of experiencing an opioid-related overdose, to a family member of that person, to a community organization that provides services to persons who are at risk of an opioid-related overdose or to any other person who is in a position to assist a person who is at risk of experiencing an opioid-related overdose.

B. A physician, nurse practitioner or other health professional who prescribes or dispenses naloxone hydrochloride or any other opioid antagonist pursuant to subsection A of this section shall instruct the individual to whom the opioid antagonist is dispensed to summon emergency services as soon as practicable, either before or after administering the opioid antagonist.

C. Except in cases of gross negligence, wilful misconduct or intentional wrongdoing, a physician, nurse practitioner or other health professional who in good faith prescribes or dispenses an opioid antagonist pursuant to subsection A of this section is immune from professional liability and criminal prosecution for any decision made, act or omission or injury that results from that act if the physician, nurse practitioner or other health professional acts with reasonable care and in good faith.

D. For the purposes of this section, "person" includes an employee of a school district or charter school who is acting in the person's official capacity.
A.R.S. § 36-753 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 753
36-753 Application for license as midwife
Status: in_force

36-753. Application for license as midwife

A person who desires to obtain a license to practice midwifery shall make written application to the director of the department of health services, upon a form to be supplied by the director and shall furnish such information as may be required by the director.
A.R.S. § 36-1675 — Arizona Code / Title 36 / Chapter 13 / Article 6 / Section 1675
36-1675 Administration
Status: in_force

36-1675. Administration

A. The director may adopt such rules and regulations as may be necessary and feasible to implement the purposes of this article.

B. No person shall interfere, obstruct or hinder an authorized representative of the department in the performance of his duty to administer the provisions of this article or the rules and regulations adopted thereunder.

C. The department, through its authorized representative, may take samples of materials for inspection and analysis, and hold for any item regulated by this article.

D. The department, through its authorized representative, may remove from availability for sale any regulated item when there is reasonable cause to believe a violation of this article or the rules and regulations adopted thereunder exists. When such regulated items are removed from availability for sale, they shall be so tagged, and such tags shall not be removed except by an authorized representative of the department, or as the department may direct, after satisfactory proof of compliance with all requirements of this article and such rules and regulations and a release for sale has been issued by the department through its authorized representative.
A.R.S. § 36-419 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 419
36-419 Do-not-resuscitate orders; minors; parental communication; definitions
Status: in_force

36-419. Do-not-resuscitate orders; minors; parental communication; definitions

A. For an unemancipated minor who is not under juvenile court jurisdiction pursuant to section 8-202, a provider may not implement a do-not-resuscitate order without communicating with at least one of the minor's parents or the minor's legal guardian.  The communication must include a discussion of both of the following:

1. The minor's care plan, including implementing a do-not-resuscitate order and what the do-not-resuscitate order means for the minor.

2. The rights provided under subsections E and G of this section.

B. The communication with the minor's parents or legal guardian pursuant to subsection A of this section shall be made with a witness present, other than the parents or legal guardian, who is willing to confirm that this communication took place. The provider shall immediately document and record the communication in the minor's medical record indicating whom the communication was with, who witnessed the communication and the date and time of the communication.  The provider shall ask the minor's parents or legal guardian to sign a written acknowledgement of this communication.

C. The requirements of subsections A and B of this section do not apply if the provider makes a reasonably diligent and documented effort to contact the minor's parents or legal guardian without success for at least forty-eight hours.  If a do-not-resuscitate order is entered for the minor, the reason for that order shall be documented in the minor's medical record.

D. This section does not require a provider to initially provide or continue resuscitative measures on a minor if the resuscitative measures would be medically inappropriate because providing the treatment would, in the provider's reasonable medical judgment, either:

1. Create a greater risk of causing or hastening the minor's death.

2. Be potentially harmful or cause unnecessary pain, suffering or injury to the minor because there is no further benefit to the minor in performing resuscitative measures.

E. At any point during the process described in subsections A and B of this section, a parent or legal guardian has the right to request that the minor be transferred to another facility.  If the parent or legal guardian requests a transfer, the provider shall provide reasonable time for the parent or legal guardian to find another provider that will accept the minor before implementing a do-not-resuscitate order.  The provider shall provide the minor's medical records to any accredited facility that requires the medical records to determine whether the facility is willing to care for the minor.  If an accredited facility is willing to accept the minor, the provider shall make reasonable efforts to facilitate the transfer.

F. A parent or guardian may petition a superior court in the county in which the minor resides or in which the minor is receiving treatment for an order enjoining a violation or threatened violation of this section or to resolve a conflict between the parents.  On receiving a petition, the superior court shall issue an order fixing the date, time and place of a hearing on the petition and order that notice of the hearing be given to the interested parties.  A preliminary hearing may be held without notice if the court determines that holding that hearing without notice is necessary to prevent imminent danger to the minor's life.  In the court's discretion, a hearing may be conducted in a courtroom, in a health care facility or at some other suitable place.  A do-not-resuscitate order may not be implemented pending the final determination of the proceedings, including any appeals.

G. On request of a patient or resident or a prospective patient or resident, a provider shall disclose in writing any policies relating to a patient or resident or the services a patient or resident may receive involving resuscitation or life-sustaining measures, including any policies related to treatments deemed nonbeneficial, ineffective, futile or inappropriate. This subsection does not require a provider to have a written policy relating to or involving resuscitation, life-sustaining measures or nonbeneficial treatment for unemancipated minor patients or adult patients or residents.

H. For the purposes of this section:

1. "Do-not-resuscitate order":

(a) Means an order in a patient's medical record that reflects a decision to forgo cardiopulmonary resuscitative measures.

(b) Does not include withholding other medical interventions deemed necessary to provide a patient with comfort care or to alleviate pain.

2. "Provider" means a health care facility, a nursing home, a physician who is licensed pursuant to title 32, chapter 13 or 17 or a nurse who is licensed pursuant to title 32, chapter 15.
A.R.S. § 36-661 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 661
36-661 Definitions
Status: in_force

36-661. Definitions

In this article, unless the context otherwise requires:

1. "Acquired immune deficiency syndrome" has the same meaning as defined by the centers for disease control of the United States public health service.

2. "Capacity to consent" means a person's ability, determined without regard to the person's age, to understand and appreciate the nature and consequences of a proposed health care service, treatment or procedure and to make an informed decision concerning that service, treatment or procedure.

3. "Child" means an unemancipated person under eighteen years of age.

4. "Communicable disease" means a contagious, epidemic or infectious disease required to be reported to the local board of health or the department pursuant to chapter 1 of this title and this chapter.

5. "Communicable disease related information" means information regarding a communicable disease in the possession of a person who provides health services or who obtains the information pursuant to the release of communicable disease related information.

6. "Contact" means a spouse or sex partner of a protected person, a person who has shared hypodermic needles or syringes with a protected person or a person otherwise exposed to a protected person with a communicable disease in a manner that poses an epidemiologically significant risk of transmission of that disease.

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

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

9. "First responder" means a law enforcement officer, a firefighter or an ambulance attendant as defined in section 36-2201.

10. "Good Samaritan" means a person who renders emergency care or assistance in good faith and without compensation at the scene of any accident, fire or other life-threatening emergency and who believes that a significant exposure risk occurred while the person rendered care or assistance.

11. "Health care decision maker" has the same meaning prescribed in section 12-2801.

12. "Health care provider" means a physician, nurse or other person involved in providing health services.

13. "Health facility" means a health care institution as defined in section 36-401, a blood bank, blood center, milk bank, sperm bank, organ or tissue bank or clinical laboratory or a health care services organization holding a certificate of authority pursuant to section 20-1054.

14. "Health service" means public or private care, treatment, clinical laboratory tests, counseling or educational service for adults or children and acute, chronic, custodial, residential, outpatient, home or other health care or activities related to the detection, reporting, prevention and control of communicable or preventable diseases.

15. "HIV" means the human immunodeficiency virus.

16. "HIV infection" means infection with the human immunodeficiency virus or a related virus identified as a probable causative agent of acquired immune deficiency syndrome.

17. "HIV-related illness" means an illness that may result from or be associated with HIV infection.

18. "HIV-related information" means information concerning whether a person has had an HIV-related test or has HIV infection, HIV-related illness or acquired immune deficiency syndrome and includes information that identifies or reasonably permits identification of that person or the person's contacts.

19. "HIV-related test" means a laboratory test or series of tests for the virus, components of the virus or antibodies to the virus thought to indicate the presence of HIV infection.

20. "Occupational significant exposure risk" means a significant exposure risk that occurs in the performance of a health care provider's professional duties or a first responder's official duties.

21. "Protected person" means a person who takes an HIV-related test or who has been diagnosed as having HIV infection, acquired immune deficiency syndrome, HIV-related illness or another communicable disease.

22. "Significant exposure risk" means contact with another person in a manner that, if the other person has a communicable disease, poses an epidemiologically significant risk of transmission of that disease as determined by the department.
A.R.S. § 36-446.10 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.10
36-446.10 Confidentiality of records; release of complainant's name and nature of complaint
Status: in_force

36-446.10. Confidentiality of records; release of complainant's name and nature of complaint

A. Except as provided in subsection B, all records concerning a pending investigation, examination materials, records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records. "Records of applicants' performance" does not include records of whether an applicant passed or failed an examination.

B. During a pending investigation, the board shall inform the administrator or manager who is the subject of the complaint of the name of the complainant and the nature of the complaint if so requested.
A.R.S. § 36-495 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495
36-495 Definitions
Status: in_force

36-495. Definitions

In this chapter, unless the context otherwise requires:

1. "Compliance testing" means laboratory analysis of any matter, pollutant, contaminant, hazardous substance or other substance subject to regulation pursuant to:

(a) Title 49 or rules adopted or enforced by the department of environmental quality for the purpose of determining compliance with title 49.

(b) Federal environmental statutes or regulations administered or enforced by the United States environmental protection agency relating to the safe drinking water act (42 United States Code sections 300f through 300j), the clean air act (42 United States Code sections 7401 through 7642), the clean water act (33 United States Code sections 1251 through 1376), the resource conservation and recovery act (42 United States Code sections 6921 through 6939B), the comprehensive environmental response, compensation, and liability act (42 United States Code sections 9601 through 9657) and the toxic substance control act (42 United States Code sections 2601 through 2654) as they relate only to the regulation of polychlorinated biphenyls and asbestos.

(c) Federal or state statutes and rules relating to the safety, contamination and sanitation of drinking water sold in bottles, or ice or water sold by machine or hauled and enforced by the department of health services or the United States food and drug administration.

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

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

4. "Environmental laboratory" or "laboratory" means a facility where compliance testing is performed.

5. "Facility" means a place, building, installation, structure or vehicle.

6. "Government agency" means an agency of the United States government, this state or a political subdivision of this state.

7. "Laboratory director" means an individual who administers the technical and scientific operation of an environmental laboratory and who is responsible for reporting laboratory test results as specified in this chapter or rules adopted pursuant to this chapter.

8. "License" means a regular license, renewal license or provisional license issued by the department pursuant to this chapter.

9. "Person" means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, corporation, partnership, association, state or political subdivision of a state or the United States government.
A.R.S. § 36-2949 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2949
36-2949 Exemption from insurance law
Status: in_force

36-2949. Exemption from insurance law

To the extent that services are provided pursuant to this article, a provider or program contractor is not subject to the provisions of title 20.
A.R.S. § 36-854 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 854
36-854 Sale or purchase of parts; classification
Status: in_force

36-854. Sale or purchase of parts; classification

A. Except as otherwise provided in subsection B, a person who for valuable consideration knowingly purchases or sells a part for transplantation or therapy, if removal of a part from an individual is intended to occur after the individual's death, is guilty of a class 3 felony.

B. This section does not prevent a person from charging a reasonable amount for the removal, processing, preservation, quality control, storage, transportation, implantation or disposal of a part.
A.R.S. § 36-3293 — Arizona Code / Title 36 / Chapter 32 / Article 7 / Section 3293
36-3293 Effect of nonregistration or revocation
Status: in_force

36-3293. Effect of nonregistration or revocation

A. Failure to register a document with the qualifying health information exchange organization pursuant to this article does not affect the validity of a health care directive.

B. Failure to notify the qualifying health information exchange organization of the revocation of a document filed pursuant to this article does not affect the validity of a revocation that otherwise meets the requirements for a revocation pursuant to this chapter.
A.R.S. § 36-591.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 591.01
36-591.01 Behavioral-supported group homes; rules; definitions
Status: in_force

36-591.01. Behavioral-supported group homes; rules; definitions

A. Beginning July 1, 2024, behavioral-supported group homes that are operated in this state by a service provider and that are under contract with the department of economic security shall be licensed for health and safety by the department of health services pursuant to section 36-132.

B. The director shall adopt any rules necessary regarding behavioral-supported group homes that include at least the following:

1. Ensuring that each client's behavioral treatment plan is developed, integrated, coordinated and monitored by a clinical professional who, at a minimum:

(a) Has at least two years of experience working directly with persons with dual disorders, including psychiatric disorders and developmental disabilities, who engage in behaviors that are disruptive, socially inappropriate or harmful or dangerous to self or others, that interfere with functioning and quality of life or that may cause destruction of property.

(b) Has specialized training in applying behavioral interventions, including applied behavior analysis and positive behavioral supports.

(c) Holds at least a master's degree in any of the following professional categories:

(i) Occupational therapy.

(ii) Physical therapy.

(iii) Psychology.

(iv) Social work.

(v) Speech and language pathology.

(vi) Behavior analysis.

(vii) A similar human service degree such as sociology, special education or rehabilitation counseling.

2. Requiring that the direct care staff in a behavioral-supported group home, at a minimum, have both:

(a) At least one year of experience working directly with persons with dual disorders, including psychiatric disorders and developmental disabilities, who engage in behaviors that are disruptive, socially inappropriate or harmful or dangerous to self or others, that interfere with functioning and quality of life or that may cause destruction of property.

(b) Specialized training in applied behavior analysis and positive behavioral supports.

3. Ensuring that each client has an integrated treatment plan.  Each client shall have a functional behavioral assessment completed by a qualified clinical professional who meets the qualifications prescribed in paragraph 1 of this subsection, in consultation with a multidisciplinary team that is composed of all individuals working with the client to include, if appropriate, psychiatric, medical, nursing and nutrition providers, physical, occupational and speech therapists, educational personnel, behavioral health providers, group home direct care staff, home health personnel, day program staff, the client and the client's family or guardian and representatives from the division. The integrated treatment plan shall be reviewed by the entire multidisciplinary team every ninety days to determine if the interventions in the plan are effective.

C. For the purposes of this section:

1. "Behavioral treatment plan" means a document that stipulates goals to treat, manage, control or extinguish predictable and continuing behaviors of the client and that is one component of the client's integrated treatment plan.

2. "Integrated treatment plan" means a document that coordinates all treatment interventions that address the client's physical health and behavioral health needs for the purpose of ensuring seamless, coordinated and comprehensive treatment.
A.R.S. § 36-797.44 — Arizona Code / Title 36 / Chapter 6 / Article 13 / Section 797.44
36-797.44 Care and treatment of adults with sickle cell anemia; reimbursement
Status: in_force

36-797.44. Care and treatment of adults with sickle cell anemia; reimbursement

A. Subject to the availability of monies, the department of health services, through the children's rehabilitative services, may develop and operate, either directly or by contracting with public or private providers, programs for the diagnosis, care and treatment of adults suffering from sickle cell anemia.

B. The adult or other responsible person, agency or third-party payor shall reimburse the department for part or all of the costs of services rendered to an adult pursuant to this section according to a scale of rates and charges established by the department and based on the cost of services provided and the ability of the adult or other responsible person to pay for these services.
A.R.S. § 36-1901 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1901
36-1901 Definitions
Status: in_force

36-1901. Definitions

In this chapter, unless the context otherwise requires:

1. "Accredited program" means a program leading to the award of a degree in audiology that is accredited by an organization recognized for that purpose by the United States department of education.

2. "Approved training program" means a postsecondary speech-language pathology assistant training program that is approved by the director.

3. "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal-to-noise ratio for the listener who is deaf or hard of hearing, to reduce interference from noise in the background and to enhance hearing levels at a distance by picking up sound from as close to the source as possible and sending it directly to the ear of the listener, excluding hearing aids.

4. "Audiologist" means a person who engages in the practice of audiology and who meets the requirements prescribed in this chapter.

5. "Audiology" means the nonmedical and nonsurgical application of principles, methods and procedures of measurement, testing, evaluation and prediction that are related to hearing, its disorders and related communication impairments for the purpose of nonmedical diagnosis, prevention, amelioration or modification of these disorders and conditions.

6. "Clinical interaction" means a fieldwork practicum in speech-language pathology that is supervised by a licensed speech-language pathologist.

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

8. "Direct supervision":

(a) Means a licensed speech-language pathologist observes and guides a speech-language pathology assistant while the speech-language pathology assistant performs an assigned clinical activity.

(b) Includes the supervising licensed speech-language pathologist viewing and communicating with the speech-language pathology assistant via telecommunication technology as the speech-language pathology assistant provides clinical activities if the supervising licensed speech-language pathologist can provide ongoing immediate feedback throughout the clinical activity being provided.

(c) Does not include the supervising licensed speech-language pathologist reviewing a taped session at a later time.

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

10. "Disorders of communication" means an organic or nonorganic condition that impedes the normal process of human communication and includes disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition and communications and oral, pharyngeal and laryngeal sensorimotor competencies.

11. "Disorders of hearing" means an organic or nonorganic condition, whether peripheral or central, that impedes the normal process of human communication and includes disorders of auditory sensitivity, acuity, function or processing.

12. "Hearing aid" means any wearable instrument or device designed for or represented as aiding or improving human hearing or as aiding, improving or compensating for defective human hearing, and any parts, attachments or accessories of the instrument or device, including ear molds, but excluding batteries and cords.

13. "Hearing aid dispenser" means any person who engages in the practice of fitting and dispensing hearing aids.

14. "Indirect supervision" means supervisory activities, other than direct supervision, that are performed by a licensed speech-language pathologist and that may include consulting, reviewing records and reviewing and evaluating audiotaped or videotaped sessions.

15. "Letter of concern" means an advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the director believes the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the director may result in action against the licensee.

16. "License" means a license issued by the director under this chapter and includes a temporary license.

17. "Nonmedical diagnosing" means the art or act of identifying a communication disorder from its signs and symptoms. Nonmedical diagnosing does not include diagnosing a medical disease.

18. "Practice of audiology" means:

(a) Rendering or offering to render to a person or persons who have or who are suspected of having disorders of hearing any service in audiology, including prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction and research.

(b) Participating in hearing conservation, hearing aid and assistive listening device evaluation and hearing aid prescription preparation, fitting, dispensing and orientation.

(c) Screening, identifying, assessing, nonmedical diagnosing, preventing and rehabilitating peripheral and central auditory system dysfunctions.

(d) Providing and interpreting behavioral and physiological measurements of auditory and vestibular functions.

(e) Selecting, fitting and dispensing assistive listening and alerting devices and other systems and providing training in their use.

(f) Providing aural rehabilitation and related counseling services to persons who are deaf or hard of hearing and their families.

(g) Screening speech-language and other factors that affect communication function in order to conduct an audiologic evaluation and an initial identification of persons with other communications disorders and making the appropriate referral.

(h) Planning, directing, conducting or supervising services.

19. "Practice of fitting and dispensing hearing aids":

(a) Means measuring human hearing by means of an audiometer or by any other means, solely for the purpose of making selections or adaptations of hearing aids, and fitting, selling and servicing hearing aids, including assistive listening devices, and making impressions for ear molds.

(b) Includes identification, instruction, consultation, rehabilitation and hearing conservation as these relate only to hearing aids and related devices and, at the request of a physician or another licensed health care professional, making audiograms for the professional's use in consultation with persons who are deaf or hard of hearing.

(c) Does not include formal auditory training programs, lip reading and speech conservation.

20. "Practice of speech-language pathology" means:

(a) Rendering or offering to render to an individual or groups of individuals who have or are suspected of having disorders of communication service in speech-language pathology, including prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction and research.

(b) Screening, identifying, assessing, interpreting, nonmedical diagnosing and rehabilitating disorders of speech and language.

(c) Screening, identifying, assessing, interpreting, nonmedical diagnosing and rehabilitating disorders of oral-pharyngeal functions and related disorders.

(d) Screening, identifying, assessing, interpreting, nonmedical diagnosing and rehabilitating cognitive and communication disorders.

(e) Assessing, selecting and developing augmentative and alternative communication systems and providing training in using these systems and assistive listening devices.

(f) Providing aural rehabilitation and related counseling services to persons who are deaf or hard of hearing and their families.

(g) Enhancing speech-language proficiency and communication effectiveness.

(h) Screening hearing and other factors for speech-language evaluation and initially identifying persons with other communication disorders and making the appropriate referral.

21. "Regular license" means each type of license issued by the director, except a temporary license.

22. "Sell" or "sale" means a transfer of title or of the right to use by lease, bailment or any other contract, but does not include transfers at wholesale to distributors or dealers.

23. "Speech-language pathology" means the nonmedical and nonsurgical application of principles, methods and procedures of assessment, testing, evaluation and prediction related to speech and language and its disorders and related communication impairments for the nonmedical diagnosis, prevention, amelioration or modification of these disorders and conditions.

24. "Speech-language pathology assistant" means a person who provides services prescribed in section 36-1940.04 under the direction and supervision of a speech-language pathologist licensed pursuant to this chapter.

25. "Sponsor" means a person who is licensed pursuant to this chapter and who agrees to train or directly supervise a temporary licensee in the same field of practice.

26. "Temporary licensee" means a person who is licensed under this chapter for a specified period of time under the sponsorship of a person licensed pursuant to this chapter.

27. "Unprofessional conduct" means:

(a) Obtaining any fee or making any sale by fraud or misrepresentation.

(b) Employing directly or indirectly any suspended or unlicensed person to perform any work covered by this chapter.

(c) Using, or causing or promoting the use of, any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or other representation, however disseminated or published, that is misleading, deceiving, improbable or untruthful.

(d) Advertising for sale a particular model, type or kind of product when purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type or kind if the purpose of the advertisement is to obtain prospects for the sale of a different model, type or kind than that advertised.

(e) Representing that the professional services or advice of a physician will be used or made available in selling, fitting, adjusting, maintaining or repairing hearing aids if this is not true, or using the words "doctor", "clinic", "clinical" or like words, abbreviations or symbols while failing to affix the word, term or initials "audiology", "audiologic", "audiologist", "doctor of audiology", "Au.D.", "Ph.D." or "Sc.D.".

(f) Defaming competitors by falsely imputing to them dishonorable conduct, inability to perform contracts or questionable credit standing or by other false representations, or falsely disparaging the products of competitors in any respect, or their business methods, selling prices, values, credit terms, policies or services.

(g) Displaying competitive products in the licensee's show window, shop or advertising in such manner as to falsely disparage such products.

(h) Representing falsely that competitors are unreliable.

(i) Quoting prices of competitive products without disclosing that they are not the current prices, or showing, demonstrating or representing competitive models as being current models when they are not current models.

(j) Imitating or simulating the trademarks, trade names, brands or labels of competitors with the capacity, tendency or effect of misleading or deceiving purchasers or prospective purchasers.

(k) Using in the licensee's advertising the name, model name or trademark of a particular manufacturer of hearing aids in such a manner as to imply a relationship with the manufacturer that does not exist, or otherwise to mislead or deceive purchasers or prospective purchasers.

(l) Using any trade name, corporate name, trademark or other trade designation that has the capacity, tendency or effect of misleading or deceiving purchasers or prospective purchasers as to the name, nature or origin of any product of the industry, or of any material used in the product, or that is false, deceptive or misleading in any other material respect.

(m) Obtaining information concerning the business of a competitor by bribery of an employee or agent of that competitor, by false or misleading statements or representations, by the impersonation of one in authority, or by any other unfair means.

(n) Giving directly or indirectly, offering to give, or allowing or causing to be given money or anything of value, except miscellaneous advertising items of nominal value, to any person who advises another in a professional capacity as an inducement to influence that person or have that person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dispenser, or to influence persons to refrain from dealing in the products of competitors.

(o) Sharing any profits or sharing any percentage of a licensee's income with any person who advises another in a professional capacity as an inducement to influence that person or have that person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dispenser or to dissuade persons from dealing in products of competitors.

(p) Failing to comply with existing federal regulations regarding fitting and dispensing a hearing aid.

(q) Being convicted of a felony or a misdemeanor that involves moral turpitude.

(r) Fraudulently obtaining or attempting to obtain a license or a temporary license for the applicant, the licensee or another person.

(s) Aiding or abetting unlicensed practice.

(t) Wilfully making or filing a false audiology, speech-language pathology or hearing aid dispenser evaluation.

(u) Using narcotics, alcohol or drugs to the extent that performing professional duties is impaired.

(v) Betraying a professional confidence.

(w) Engaging in any conduct, practice or condition that impairs the ability of the licensee to safely and competently engage in the practice of audiology, speech-language pathology or hearing aid dispensing.

(x) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from these services, devices, appliances or products.

(y) Being disciplined by a licensing or disciplinary authority of any state, territory or district of this country for an act that is grounds for disciplinary action under this chapter.

(z) Violating any provision of this chapter or failing to comply with rules adopted pursuant to this chapter.

(aa) Failing to refer an individual for medical evaluation if a condition exists that is amenable to surgical or medical intervention prescribed by the advisory committee and consistent with federal regulations.

(bb) Practicing in a field or area within that licensee's defined scope of practice in which the licensee has not either been tested, taken a course leading to a degree, received supervised training, taken a continuing education course or had adequate prior experience.

(cc) Failing to affix the word, term or initials "audiology", "audiologic", "audiologist", "doctor of audiology", "Au.D.", "Ph.D." or "Sc.D." in any sign, written communication or advertising media in which the term "doctor" or the abbreviation "Dr." is used in relation to the audiologist holding a doctoral degree.
A.R.S. § 36-407 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 407
36-407 Prohibited acts; required acts
Status: in_force

36-407. Prohibited acts; required acts

A. A person shall not establish, conduct or maintain in this state a health care institution or any class or subclass of health care institution unless that person holds a current and valid license issued by the department specifying the class or subclass of health care institution the person is establishing, conducting or maintaining. The license is valid only for the establishment, operation and maintenance of the class or subclass of health care institution, the type of services and, except for emergency admissions as prescribed by the director by rule, the licensed capacity specified by the license.

B. The licensee shall not imply by advertising, directory listing or otherwise that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this chapter and the underlying rules for the particular class or subclass of health care institution within which the licensee is licensed.

C. The licensee may not transfer or assign the license.  A license is valid only for the premises occupied by the institution at the time of its issuance.

D. The licensee shall not personally or through an agent offer or imply an offer of rebate or fee splitting to any person regulated by title 32 or chapter 17 of this title.

E. The licensee shall submit an itemized statement of charges to each patient.

F. A health care institution shall refer a patient who is discharged after receiving emergency services for a drug-related overdose to a behavioral health services provider.
A.R.S. § 36-842 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 842
36-842 Applicability
Status: in_force

36-842. Applicability

This article applies to an anatomical gift or amendment to, revocation of or refusal to make an anatomical gift, whenever made.
A.R.S. § 36-1608 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1608
36-1608 Violation; civil penalty; classification
Status: in_force

36-1608. Violation; civil penalty; classification

A. A person violating a provision of this article is subject to a civil penalty of one thousand dollars.

B. A person who uses fireworks or permissible consumer fireworks on preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes is guilty of a class 1 misdemeanor and shall pay a fine of at least one thousand dollars.
A.R.S. § 36-340 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 340
36-340 Adopted individual; sealed original birth certificate; contact preference and medical history forms; confidentiality
Status: in_force

36-340. Adopted individual; sealed original birth certificate; contact preference and medical history forms; confidentiality

A. From and after December 31, 2021 and except as provided in subsection I of this section, the state registrar shall provide to an individual a copy of the individual's original birth certificate that has been sealed due to an adoption and any evidence of the adoption that is held with the original birth certificate, if all of the following are true:

1. The individual is at least eighteen years of age.

2. The individual was born in this state.

3. The individual submits to the state registrar a written request to receive a copy of the original birth certificate.

B. The copy of the original birth certificate shall clearly indicate that it is not a certified copy and that it may not be used for legal purposes.

C. The fees and procedures that apply to obtaining a copy of a registered certificate apply to obtaining a copy of an original birth certificate pursuant to this section.

D. The state registrar shall develop a contact preference form to be filled out by a birth parent, at the birth parent's option, and kept with the original birth certificate as provided in this section. The preference form shall do all of the following:

1. Indicate if the birth parent wants to do any of the following:

(a) Be contacted by the individual who receives the copy of the original birth certificate.  If the birth parent wants to be contacted, the birth parent shall include the birth parent's current name, address and telephone number in addition to any other contact information the birth parent wishes to include.

(b) Be contacted only through an intermediary.  If the birth parent wants to be contacted through an intermediary, the birth parent shall include the intermediary's name and telephone number.

(c) Not be contacted. The form shall indicate that the birth parent may change the contact preference to allow direct contact or contact through an intermediary by filing an amended contact preference form.

2. Indicate if the birth parent has completed and filed with the state registrar a medical history form.

3. Include the following information:

(a) The name of the child on the original birth certificate.

(b) The date of birth and sex of the child.

(c) The city or town, county and name of the hospital in which the child was born.

(d) The mother's name as shown on the original birth certificate.

(e) The name of the attorney or agency that placed the child for adoption or that the department placed the child for adoption.

(f) Whether the person filling out the form is the birth mother or birth father of the child.

E. The state registrar shall develop a medical history form to be completed by a birth parent at the birth parent's option.

F. The contact preference form and the medical history form are confidential.  If the birth parent files the forms, the state registrar shall seal the forms together and retain them with the original birth certificate.  The forms shall be given to the individual who receives the original birth certificate.  The state registrar may not keep a copy of the contact preference form or the medical history form.

G. A birth parent may file an amended contact preference form or medical history form with the state registrar.

H. The department shall publicize the requirements of this section.

I. The birth parent may file an amended contact preference form pursuant to subsection D, paragraph 1, subdivision (c) of this section or update the information on the contact preference form by providing the state registrar the amended contact preference form or the new information electronically, in writing or in person.

J. The state registrar may not provide to an individual a copy of the individual's original birth certificate that has been sealed due to an adoption, if the individual was born from and after June 20, 1968 and before September 29, 2021.
A.R.S. § 36-2907.03 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.03
36-2907.03 Biomarker testing; coverage; definitions
Status: in_force

36-2907.03. Biomarker testing; coverage; definitions

A. The administration and its contractors shall provide biomarker testing for the purposes of diagnosis, treatment, appropriate management or ongoing monitoring of a member's disease or condition to guide treatment decisions when the test provides clinical utility as demonstrated by medical and scientific evidence, including any of the following:

1. Labeled indications for tests that are approved or cleared by the United States food and drug administration or indicated tests for a drug that is approved by the United States food and drug administration.

2. Centers for medicare and medicaid services national coverage determinations or medicare administrative contractor local coverage determinations.

3. Nationally recognized clinical practice guidelines and consensus statements.

B. The administration and its contractors shall provide biomarker testing with the same scope, duration and frequency as the system otherwise provides to members pursuant to this article.

C. The member and prescribing practitioner must have access to a clear, readily accessible and convenient online process to request an exception to a coverage policy of the system. This subsection does not require a separate process if the administration's and its contractor's existing process complies with this subsection. Any request for a coverage exception shall be submitted electronically by the prescribing practitioner.

D. For the purposes of this section:

1. "Biomarker":

(a) Means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes or pharmacologic responses to a specific therapeutic intervention.

(b) Includes gene mutations or protein expression.

2. "Biomarker testing":

(a) Means the analysis of a patient's tissue, blood or other biospecimen for the presence of a biomarker.

(b) Includes single-analyte tests, multiplex panel tests and whole genome sequencing.

3. "Clinical utility" means the test result provides information that is used in the formulation of a treatment or monitoring strategy that informs a patient’s outcome and impacts the clinical decision. The most appropriate test may include both information that is actionable and some information that cannot be immediately used in the formulation of a clinical decision.

4. "Consensus statements" means statements that:

(a) Are developed by an independent, multidisciplinary panel of experts using a transparent methodology and reporting structure that includes a conflict of interest policy.

(b) Are aimed at specific clinical circumstances.

(c) Are based on the best available evidence for the purpose of optimizing clinical care outcomes.

5. "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that both:

(a) Are developed by independent organizations or medical professional societies using a transparent methodology and reporting structure and a conflict of interest policy.

(b) Establish standards of care that are informed by a systematic review of evidence and an assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care.
A.R.S. § 36-1922 — Arizona Code / Title 36 / Chapter 17 / Article 2 / Section 1922
36-1922 Reciprocity
Status: in_force

36-1922. Reciprocity

A. The director may issue a license to a person who is currently licensed in another state or jurisdiction that the director determines meets the minimum licensure requirements of this chapter. The person shall apply for licensure and pay all applicable fees as prescribed by this chapter.

B. The applicant shall provide information the director determines is necessary to investigate the status of the applicant's current license.
A.R.S. § 36-3714 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3714
36-3714 Petition for discharge; procedures
Status: in_force

36-3714. Petition for discharge; 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 discharged, the superintendent or director shall allow the person to petition the court for discharge. 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 discharge 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 who is 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 discharged.

B. This section does not prohibit the committed person from annually petitioning the court for discharge 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 discharge 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 discharge hearing. The county attorney or the attorney general may request that the person be examined by a competent professional who is selected by the attorney for the state. The committed person may retain and the court on the 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 discharged. If the state does not meet its burden of proof, the person shall be discharged from treatment.

D. If a person is discharged the department of health services shall notify the department of public safety of the person's discharge so that the department of public safety can commence any notification process as provided in section 13-3825.
A.R.S. § 36-402 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 402
36-402 Exemptions
Status: in_force

36-402. Exemptions

A. This chapter and the rules adopted by the director pursuant to this chapter do not authorize the licensure, supervision, regulation or control of:

1. The remedial care or treatment of residents or patients in any home or institution conducted only for those who rely solely on treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination.

2. Establishments, such as motels, hotels and boarding houses, that provide domiciliary and ancillary commercial services but do not provide adaptive, medical, hospital, nursing, behavioral health, health-related or supervisory care services.

3. Private offices and clinics of health care providers licensed under title 32 that are not freestanding urgent care centers, unless:

(a) Patients of the office or clinic are kept overnight as bed patients or treated otherwise under general anesthesia, except when treatment by general anesthesia is regulated by title 32, chapter 11.

(b) The office or clinic is an abortion clinic. For the purposes of this subdivision, "abortion clinic" has the same meaning prescribed in section 36-449.01.

(c) The office or clinic is a pain management clinic. For the purposes of this subdivision, "pain management clinic" has the same meaning prescribed in section 36-448.01.

4. Dispensaries and first aid stations that are located within business or industrial establishments and that are maintained solely for the use of employees if the facility does not contain inpatient beds and is under the supervision of a physician or a registered nurse practitioner.

5. The collection, processing or distribution of whole human blood, blood components, plasma, blood fractions or derivatives that are procured, processed or distributed by federally licensed and regulated blood banks.

6. Places where four or fewer adults who are not related to the administrator or owner receive adult day health services for compensation on a regular basis.

7. Places at which persons receive health-related services only from relatives or from legal guardians or places that do not purport to be establishments that regularly provide health-related services and at which one or two persons receive health-related services on a twenty-four-hour basis.

8. The personal residence of a terminally ill person, or the personal residence of that person's relative or guardian, where that person receives hospice services from a hospice service agency.

9. All medical and health-related facilities and services that are provided to inmates who are confined in a state prison.  The state department of corrections shall annually evaluate the medical and health-related facilities and services that are provided to inmates to determine that the facilities and services meet the applicable standards that are adopted by the director of the department of health services.  The state department of corrections shall report the results of its annual evaluation and the actual findings, including a plan of correction for any deficiencies, to the director of the department of health services.  The department of health services shall conduct validation surveys on a percentage of the medical and health-related facilities, the number of which shall be determined by the state department of corrections and the department of health services. The director of the state department of corrections shall maintain the annual evaluation reports.  This paragraph does not apply to licensed behavioral or mental health inpatient treatment facilities that the state department of corrections operates.

10. A facility that provides medical and health services to inmates who are confined in a county jail.  The sheriff shall annually evaluate the facility to determine if it meets the applicable standards that are adopted by either a national corrections commission on health care or an American correctional association, or the sheriff shall annually submit the facility to a similar separate inspection by an outside agency with medical standards. The sheriff must submit the certificate of accreditation or proof of successful inspection to the department annually and keep a copy of the certificate or proof of inspection.

11. Community education, advocacy or recovery support groups that are not owned or operated by or contracted to provide services with a health care institution.

12. An outpatient treatment center that has the same direct owner or indirect owner as a hospital licensed pursuant to this chapter, that is staffed by health care providers who are licensed pursuant to title 32 and that provides notice to the department of its decision to be exempt from licensure under this chapter, unless:

(a) Patients are kept overnight in the outpatient treatment center or are treated under general anesthesia, except when the treatment by general anesthesia is regulated pursuant to title 32, chapter 11.

(b) The outpatient treatment center is an abortion clinic as defined in section 36-449.01.

(c) The outpatient treatment center is a pain management clinic as defined in section 36-448.01.

B. A medical and health-related facility that provides medical and health services exclusively to persons who are incarcerated, detained or confined under court order or court jurisdiction is exempt from the patient-per-room capacity requirements provided in rule if the facility:

1. Does not exceed its intended medical and custodial purposes.

2. Adopts policies and procedures to comply with the national commission on correctional health care standards, or equivalent standards.

3. As soon as practicable, becomes accredited by the national commission on correctional health care, or by an equivalent organization.

4. Once accreditation is obtained, submits a certificate of accreditation to the department of health services annually.

5. Maintains a copy of the certificate of accreditation.

6. Maintains patient and custodial records, including on-site current photographs and fingerprints, if permitted by applicable law.

7. Makes patient lists with inmate identifiers available to the state department of corrections on reasonable request.

8. Provides timely notice of any major incident involving public safety to the appropriate law enforcement agency and allows that agency access to the facility for the purposes of law enforcement and investigation.

C. Subsection B of this section does not apply to health care institutions that exclusively provide behavioral health services.
A.R.S. § 36-2210 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2210
36-2210 Local emergency medical services coordinating systems
Status: in_force

36-2210. Local emergency medical services coordinating systems

The department shall contract with a local emergency medical services coordinating system that:

1. Conducts needs assessments and plans and coordinates a regional emergency medical and trauma services system within a designated planning area.

2. Has a governing board.

3. Demonstrates continued support annually by action of the governing bodies of the counties, cities, towns and fire districts within the planning area representing a majority of the total population of the area. For the purposes of this paragraph, the county represents the unincorporated areas of the county, except fire districts.

4. Offers emergency medical programs for the effective and coordinated delivery of emergency medical services if authorized by its governing board.
A.R.S. § 36-2218 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2218
36-2218 Emergency medical services operating fund
Status: in_force

36-2218. Emergency medical services operating fund

A.  An emergency medical services operating fund is established. The director shall administer the fund. The emergency medical services operating fund shall consist of monies collected pursuant to sections 12-116.02 and 36-3251 and distributed pursuant to section 36-2219.01, subsection B, paragraph 2.

B. The director of the department of health services with advice from the council shall expend monies in the fund for funding local and state emergency medical services systems. Monies in the fund are subject to annual legislative appropriation.
A.R.S. § 36-1422 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1422
36-1422 Cooperative agreements between municipalities
Status: in_force

36-1422. Cooperative agreements between municipalities

Two or more cities, towns or counties, acting directly, or pursuant to this article through their public housing authorities, may join or cooperate in the exercise, jointly or otherwise, of any or all of their powers under this article for the purpose of financing, planning, owning, constructing, operating or contracting with respect to a housing project located within the area of operation of one or more of the public housing authorities, cities, towns or counties. For such purpose the governing body of a public housing authority, city, town or county may authorize one or more of the public housing authorities, cities, towns or counties so joining or cooperating with it to act in its behalf with respect to any or all of such powers.
A.R.S. § 36-1937 — Arizona Code / Title 36 / Chapter 17 / Article 3 / Section 1937
36-1937 Injunctive relief
Status: in_force

36-1937. Injunctive relief

The director may enforce any provision of this chapter by injunction or by any other appropriate proceeding. No such proceeding shall be barred by any proceeding had or pending pursuant to any other provisions of this chapter, or by the imposition of any fine or term of imprisonment pursuant thereto.
A.R.S. § 36-2452 — Arizona Code / Title 36 / Chapter 26 / Article 1 / Section 2452
36-2452 Distribution and sale of laetrile; labeling requirements
Status: in_force

36-2452. Distribution and sale of laetrile; labeling requirements

A. Laetrile may be distributed or sold by any person within this state and no special license or prescription shall be required for the sale or distribution of this nutritional supplement.

B. The label or other device affixed to a container containing laetrile shall:

1. Clearly identify the nutritional supplement contained therein as laetrile or amygdalin and, at the option of the manufacturer, vitamin B-17.

2. Include a statement that the nutritional supplement contained therein has not been approved as a treatment or cure for cancer by the food and drug administration of the United States department of health, education and welfare.
A.R.S. § 36-2925 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2925
36-2925 Information system; administrative services; agreements with other states; report
Status: in_force

36-2925. Information system; administrative services; agreements with other states; report

A. Notwithstanding any other law, the administration may enter into an agreement with other states to design, develop, install and operate an information system and related services or other administrative services.

B. An agreement entered into pursuant to this section shall require that the administration is compensated for all agreed on direct and indirect costs associated with providing the information system and services.

C. An agreement with another state entered into pursuant to this section shall include specific terms that hold the state harmless from the imposition of any damages, sanctions or penalties or the withholding of any monies due the state for services provided, with respect to any matter related to performance under that agreement.

D. The agreement must result in a cost savings to the administration that is designated in the agreement as a portion of the administration's operating costs that the contracting state agrees to pay.

E. All monies that are received by the administration and that are based on the agreement shall be deposited, pursuant to sections 35-146 and 35-147, in the administration's intergovernmental service fund established by section 36-2927.

F. The administration may enter into intergovernmental agreements with other agencies of this state to provide the facilities, equipment or services that are necessary to fulfill an agreement entered into pursuant to this section. The intergovernmental agreement shall specify whether the payment for facilities, equipment or services shall be made by the contracting state directly to the agency or through the intergovernmental service fund established by section 36-2927.

G. The administration shall submit all intergovernmental agreements entered into pursuant to this section to the governor for approval before it finalizes the agreement.

H. The administration shall report annually by January 1 on the status of any agreement with another state to the speaker of the house of representatives, the president of the senate and the chairmen of the house and senate appropriations committees. The report shall include the status report of the specific projects that are subject to the agreement, the financial status of the project and a description of any personnel initiatives that the administration has initiated with monies received from the agreement with another state.
A.R.S. § 36-897.01 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.01
36-897.01 Certification; application; fees; rules; fingerprinting; renewal; exemption from rule making
Status: in_force

36-897.01. Certification; application; fees; rules; fingerprinting; renewal; exemption from rule making

A. A child care group home shall be certified by the department.  An application for a certificate shall be made on a written or electronic form prescribed by the department and shall contain all information required by the department.

B. If a child care group home is within one-fourth mile of agriculture land, the application shall include the names and addresses of the owners and lessees of any agricultural land within one-fourth mile of the facility. Within ten days after receipt of an application for a certificate, the department shall notify the owners and lessees of agricultural land as listed on the application. The department shall deny a certificate that affects agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365.  If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the department may issue a certificate to the child care group home to be located within the affected buffer zone.  The agreement may include any stipulations regarding the child care group home, including conditions for future expansion of the facility and changes in the operational status of the facility that will result in a breach of the agreement.  This subsection applies to the renewal of a certificate for a child care group home located in the same location if the child care group home certificate was not previously issued under this subsection.

C. The director, by rule, may establish and collect fees for child care group homes and a late filing fee.  Beginning January 1, 2010, ninety per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the health services licensing fund established by section 36-414 and ten per cent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Pursuant to available funding the department shall collect annual fees.

E. Beginning January 1, 2010, subject to the availability of monies, the department may establish a discount program for certification fees paid by child care group homes, including a public health discount program.

F. The department shall issue an initial certificate if the department determines that the applicant and the applicant's child care group home are in substantial compliance with the requirements of this article and department rules and the facility agrees to carry out a plan acceptable to the director to eliminate any deficiencies.

G. A certificate is valid unless it is revoked or suspended or the licensee does not pay the licensure fee and may be renewed by submitting the certification fee as prescribed by the department pursuant to subsection C of this section.

H. In order to ensure that the equipment and services of a child care group home and the good character of an applicant are conducive to the welfare of children, the department by rule shall establish the criteria for granting, denying, suspending and revoking a certificate.

I. The director shall adopt rules and prescribe forms as may be necessary for the proper administration and enforcement of this article.

J. The certificate shall be conspicuously posted in the child care group home for viewing by parents and the public.

K. Current department inspection reports shall be kept at the child care group home and shall be made available to parents on request.

L. A certificate is not transferable and is valid only for the location occupied at the time it is issued.

M. An application for an initial certificate shall include:

1. The form that is required pursuant to section 36-897.03, subsection B and that is completed by the applicant.

2. A copy of a valid fingerprint clearance card issued to the applicant pursuant to section 41-1758.07.

N. The department of health services shall notify the department of public safety if the department of health services receives credible evidence that a person who possesses a valid fingerprint clearance card either:

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

2. Falsified information on any form required by section 36-897.03.

O. Certificate holders may pay fees by installment payments based on procedures established by the department.

P. The department shall review its actual costs to administer this article at least once every two years.  If the department determines that its administrative costs are lower than the fees it has collected pursuant to this section, it shall adjust fees.

Q. If the department lowers fees, the department may refund or credit fees to licensees.

R. Fee reductions are exempt from the rule making requirements of title 41, chapter 6.
A.R.S. § 36-2022 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2022
36-2022 Establishment of facilities
Status: in_force

36-2022. Establishment of facilities

A. The administration shall develop, encourage and foster statewide, county and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations and individuals and provide technical assistance and consultation services for these purposes.

B. Counties may establish a public treatment facility or facilities for the evaluation and treatment of alcoholics and intoxicated persons by resolution of the board of supervisors.

C. Counties may contract with other counties for the services of a public treatment facility or may contract with a private treatment facility.
A.R.S. § 36-550.06 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.06
36-550.06 Client eligibility
Status: in_force

36-550.06. Client eligibility

A. The seriously mentally ill are eligible for services under this article if they comply with the eligibility screening and application process prescribed in section 36-3408, and under any of the following circumstances:

1. They voluntarily seek the services.

2. The regional behavioral health authority receives a request for these services from a guardian who is authorized to consent to inpatient treatment pursuant to section 14-5312.01.

3. A court orders that they receive the services.

4. The chief medical officer of the Arizona state hospital recommends they receive such services.

B. Programs and services identified in section 36-550.05 may include purchase of care support payments to persons to supplement social security, supplemental security income or United States department of veterans affairs disability payments, and client fees when available.
A.R.S. § 36-2242 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2242
36-2242 Temporary authority to operate in urgent circumstances; application; application to provide permanent service
Status: in_force

36-2242. Temporary authority to operate in urgent circumstances; application; application to provide permanent service

A. If the director determines that there is an immediate and urgent need for service to one or more points or within an area lacking adequate ambulance service, the director may, at the director's discretion and without a hearing or other proceeding, grant an ambulance service, fire department, fire district or fire authority temporary authority to provide the needed service. The temporary authority is valid for the period specified by the director, not to exceed ninety days, and may be extended for one additional ninety-day period.

B. An applicant for temporary authority pursuant to this section shall submit to the director a verified written statement setting forth the circumstances of the immediate and urgent need for service. The applicant must demonstrate that the service provided under the temporary authority will be in appropriately equipped vehicles designed for patient transport and staffed with appropriately certified personnel for patient care. The director shall prescribe a temporary schedule of rates and charges that do not exceed rates and charges established by the director for similar services.

C. The department may make an independent investigation to determine whether there is an immediate and urgent need for the authority requested.

D. During the period of temporary authority, a person granted temporary authority shall file an application for a certificate of necessity to conduct the service if the person intends to continue the service after the temporary authority expires. A grant of temporary authority pursuant to this section does not create a presumption that permanent authority for the service should be granted.
A.R.S. § 36-1972 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1972
36-1972 Use of title; prohibited acts; violation; classification
Status: in_force

36-1972. Use of title; prohibited acts; violation; classification

A. A person who is not licensed pursuant to this article shall not:

1. Use any title, abbreviation, words, letters, signs or figures to indicate that the person is licensed pursuant to this chapter.

2. Practice as an interpreter for the deaf and the hard of hearing.

3. Use another person's license.

B. A person who violates this section is guilty of a class 2 misdemeanor.
A.R.S. § 36-2923 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2923
36-2923 Insurer claims data reporting requirements; administration as payor of last resort; report; definition
Status: in_force

36-2923. Insurer claims data reporting requirements; administration as payor of last resort; report; definition

A. A health care insurer shall:

1. Provide all enrollment information necessary to determine the time period in which a person who is defined as an eligible person pursuant to section 36-2901, paragraph 6, subdivision (a) or that person's spouse or dependents may be or may have been covered by the health care insurer and the nature of that coverage. The information shall be provided to the administration in the manner prescribed by the secretary of the United States department of health and human services or in a manner agreed to between the health care insurer and the administration.

2. Accept this state's right of recovery from a third party payor pursuant to section 36-2903 and the assignment to this state of any right of an individual or other entity to payment from the third party payor for an item or service for which payment has been made pursuant to this chapter. This paragraph does not expand the scope of coverage, benefits or rights under the policy issued by the health care insurer.

3. Respond within sixty days to any inquiry made by the director regarding a claim for payment for any health care item or service that is submitted not later than three years after the date of the provision of the health care item or service.  This paragraph applies to a claim in which the administration determines there is a reasonable belief that the individual was insured by the health care insurer on the date of service referenced by the claim.

4. Not deny a claim for payment submitted by this state pursuant to this chapter solely on the basis of lack of prior authorization if the administration authorized the item or service. This paragraph does not expand the scope of coverage, benefits or rights under the policy issued by the health care insurer.

5. Not deny a claim submitted by this state solely on the basis of the date of the submission of the claim, the type or format of the claim form or the failure to present proper documentation at the point of sale that is the basis of the claim if the following conditions have been met:

(a) The claim is submitted by this state in the three-year period beginning on the date on which the item or service was furnished.

(b) An action by this state to enforce its rights with respect to the claim is commenced within six years after this state submitted the claim.  The health care insurer may deny the claim submitted by this state if the health care insurer has already paid the claim in accordance with the benefit plan under which the member was covered by the health care insurer on the date of service.

B. On or before January 1 of each year, the director shall publish a report on health care insurer compliance with the claims data reporting requirements of this section.  The report shall include the following:

1. A list of each health care insurer that has not materially complied with the requirements of this section.

2. Corrective actions, if any, that health care insurers have taken to comply with the requirements of this section.

C. The director shall submit a copy of each report to the governor, the president of the senate and the speaker of the house of representatives and shall provide a copy of each report to the secretary of state.

D. Any information obtained by the director or the administration under this section shall be maintained as confidential as required by the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936) and other applicable law and shall be used solely for the purpose of determining whether a health care insurer was also providing coverage to an individual during the period that the individual was an eligible member, for the purposes of avoiding payments by the system for services covered through other insurance and for enforcing the administration's right to assignment under subsection A of this section.

E. For the purposes of this section, "health care insurer" means a self-insured health benefit plan, a group health plan as defined in section 607(1) of the employment retirement income security act of 1974, a pharmacy benefit manager or any other party that by statute, contract or agreement is responsible for paying for items or services provided to an eligible person under this chapter, including:

1. An entity transacting disability insurance as defined in section 20-253.

2. Hospital service corporations, medical service corporations, dental service corporations, optometric service corporations and hospital, medical, dental and optometric service corporations as defined in section 20-822.

3. A prepaid dental plan organization as defined in section 20-1001.

4. A health care services organization as defined in section 20-1051.

5. An entity transacting group disability insurance pursuant to section 20-1401.

6. An entity transacting blanket disability insurance pursuant to section 20-1404.
A.R.S. § 36-1647 — Arizona Code / Title 36 / Chapter 13 / Article 3.1 / Section 1647
36-1647 Local ordinances
Status: in_force

36-1647. Local ordinances

This article does not supersede any city, town or county ordinance which is equal to or greater than the standards prescribed in this article, nor does this article prohibit a city, town or county from inspecting pursuant to its ordinance.
A.R.S. § 36-2171 — Arizona Code / Title 36 / Chapter 21 / Article 1 / Section 2171
36-2171 Definitions
Status: in_force

36-2171. Definitions

In this chapter, unless the context otherwise requires:

1. "Advance practice provider" means a physician assistant as defined in section 32-2501 or a registered nurse practitioner as defined in section 32-1601.

2. "Behavioral health provider" means a physician who is a board-certified or board-eligible psychiatrist, a psychologist, a physician assistant or a registered nurse practitioner who is certified to practice as a behavioral health specialist or a person who is licensed pursuant to title 32 as a clinical social worker, professional counselor or marriage and family therapist.

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

4. "Pharmacist" has the same meaning prescribed in section 32-1901.

5. "Rural" means either of the following:

(a) A county with a population of less than four hundred thousand persons according to the most recent United States decennial census.

(b) A census county division with less than fifty thousand persons in a county with a population of four hundred thousand or more persons according to the most recent United States decennial census.
A.R.S. § 36-832 — Arizona Code / Title 36 / Chapter 7 / Article 2 / Section 832
36-832 Authorization for post-mortem examination
Status: in_force

36-832. Authorization for post-mortem examination

A. In addition to the provisions set forth in section 11-597, whichever of the following assumes custody of the body for purposes of burial may give permission to a licensed physician to conduct a post-mortem examination:

1. Father.

2. Mother.

3. Husband.

4. Wife.

5. Adult child.

6. Guardian.

7. Next of kin.

B. In the absence of any of the persons named in subsection A of this section, a friend or one charged with the responsibility of burial may give permission to a licensed physician to conduct a post-mortem examination.
A.R.S. § 36-1475 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1475
36-1475 Delegation of powers of municipalities
Status: in_force

36-1475. Delegation of powers of municipalities

In undertaking redevelopment projects under this article, every municipality, by resolution of its governing body, may delegate to the slum clearance and redevelopment commission of the municipality, if any, created by it pursuant to section 36-1476, as an agent of the municipality any or all of the powers conferred upon municipalities by this article except the power to borrow money, issue bonds, acquire and dispose of real property, enter into contracts with the federal government or any public body, prepare a general plan for the development of the municipality or approve redevelopment plans.
A.R.S. § 36-906 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 906
36-906 Food misbranding
Status: in_force

36-906. Food misbranding

A food is misbranded if one or more of the following conditions exists:

1. Its labeling is false or misleading.

2. It is offered for sale under the name of another food with or without other descriptive words, or under any name which is likely to be misleading.

3. Its container is so made, formed or filled as to be misleading.

4. It is in package form unless it bears a label containing:

(a) The name and place of business of the manufacturer, packer or distributor.

(b) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count, except that reasonable variations may be permitted and exemptions as to small packages may be established by regulations prescribed by the director.

5. Any word, statement or other information required by or under authority of this article to appear on the label does not appear in the labeling prominently and conspicuously as compared with other words, statements, designs or devices and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

6. Any word, statement or other information required by or under authority of this article to appear on the label does not also appear on the outside container or wrapper, if any, of the retail package of the food, or is not easily legible through the outside container or wrapper.

7. It purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by section 36-903, unless:

(a) It conforms to such definition and standard, and

(b) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients present in such food, other than spices, flavoring and coloring.

8. It purports to be or is represented as:

(a) A food for which a standard of quality has been prescribed by regulations as provided by section 36-903 and its quality falls below such standard, unless its label bears in such manner and form as such regulations specify a statement that it falls below such standard, or

(b) A food for which a standard of fill of container has been prescribed by regulations as provided by section 36-903 and it falls below the applicable standard of fill, unless its label bears in such manner and form as such regulations specify a statement that it falls below such standard.

9. It is a food not subject to the provisions of paragraph 7 of this section, unless it bears labeling clearly stating:

(a) The common or usual name of the food, if any, and

(b) If made from two or more ingredients, the common or usual name of each ingredient; Except that spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings without naming each, provided that to the extent compliance with the requirements of subdivision (b) of this paragraph is impracticable or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the director, and that the requirements of subdivision (b) of this paragraph shall not apply to food products which are packaged at the direction of purchasers at retail at the time of sale, the ingredients of which are disclosed to the purchasers by other means in accordance with regulations promulgated by the director.

10. It purports to be or is represented for special dietary uses unless its label bears such information concerning its vitamin, mineral and other dietary properties as the director prescribes by regulation as necessary to fully inform purchasers as to its value for such uses.

11. It bears or contains any artificial flavoring, artificial coloring or chemical preservative unless it bears labeling stating that fact, provided that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the director.

12. It is intended as an ingredient of another food and when used according to directions will result in the final food product being adulterated or misbranded.

13. It is a color additive unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act.

14. It contains vegetable fat or oil unless its label prominently and conspicuously specifies such vegetable fat or oil by common name and the percentage such fat or oil constitutes of the whole food product. If a vegetable fat blend is used the label shall state the percentage the fat blend represents of the whole food product, followed by the words "vegetable fat consisting of a blend of" and a listing of each vegetable fat or oil by its common name.
A.R.S. § 36-596.53 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.53
36-596.53 Payor of last resort
Status: in_force

36-596.53. Payor of last resort

A. The division and all districts and local agencies that operate family support programs or administer programs authorized under the social security act shall assist families in obtaining and ensuring families use all available sources of monies before using family support subsidies or family support voucher monies.

B. The division may use monies appropriated to the division for family support services if this is necessary to prevent a delay in the timely provision of services to an eligible person or the person's family. The division shall seek whenever possible to obtain reimbursement for monies expended for this purpose from the agency or entity that has the ultimate responsibility for payment.

C. The division may apply for and receive federal grants, matching monies and private grants to help fund family support services.
A.R.S. § 36-593.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 593.01
36-593.01 Child developmental certified homes; certification; requirements; renewal; rules; definitions
Status: in_force

36-593.01. Child developmental certified homes; certification; requirements; renewal; rules; definitions

A. The department may certify as a child developmental certified home a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 to care for specific foster children with developmental disabilities.

B. A regular foster home that is applying to be a child developmental certified home shall meet the requirements of this section.  The child developmental certification terminates when all children with developmental disabilities leave the home or are adopted by the foster parents.

C. The department of child safety shall restrict the regular foster home license and the department of economic security shall restrict certification under this section to the specific children in the home at the time of certification consistent with the following:

1. The department of child safety may not place any additional foster child in the home after certification unless the department of economic security recertifies the home for the new placement.

2. If the department of economic security recertifies the home for the additional foster child placement, the department of child safety shall amend the restrictions on the regular foster home license and the department of economic security shall amend the restrictions on the certification to include the new placement.

D. Notwithstanding subsection C of this section, the maximum number of foster children who may be placed in a child developmental certified home at any one time may not exceed five foster children, not more than three of whom have developmental disabilities.

E. A regular foster home that is certified as a child developmental certified home under this section shall comply with the training, life safety and monitoring requirements specified by the department of economic security.

F. The department of child safety and the department of economic security shall coordinate and share all of the following information regarding each child developmental certified home:

1. Monitoring information.

2. Unusual incident reports.

3. Department of child safety information, investigations and reports pursuant to section 8-807.

4. Licensing information.

5. Changes in household composition and foster child placements.

6. Any other information necessary for the department of child safety and the department of economic security to coordinate the licensure and certification of the child developmental certified home.

G. The department of economic security shall conduct an initial and subsequent life safety inspection and monitor the child developmental certified home for compliance with the certification requirements under this section.  The results of the department of economic security's life safety inspection shall satisfy the life safety inspection requirements of the department of child safety foster home license.

H. The department of child safety shall continue to monitor the child developmental certified home for compliance with regular foster home requirements.

I. The department of child safety shall pay for the cost of care of a foster child, except for a foster child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title.  The department of economic security shall pay for the cost of care of a child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title.

J. In determining whether to grant a certification under this section, the department of economic security shall consider all of the following:

1. The number of household members, including the foster parent's natural and adopted children.

2. Any special needs or developmental disabilities of household members.

3. Any other consideration determined by the department of economic security in rule that may impact a foster parent's ability to provide care for a child with a developmental disability.

K. If the foster home does not meet the requirements for certification as a child developmental certified home, the home may remain licensed as a regular foster home and continue to serve a foster child with a developmental disability who is already placed in the home if the department of child safety determines it is in the best interests of the foster child.

L. If the foster home does not meet the certification requirements under this section and the department assesses a foster child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title as needing home and community based services, the foster parent may work with the department to coordinate the provision of the assessed and authorized services.

M. A certification under this section expires annually and is subject to renewal by the department on the annual anniversary date of the regular foster home license.

N. A decision by the department to deny certification of a regular foster home for a specific foster child under this section is not appealable.

O. The department may suspend or revoke a certification under this section pursuant to title 41, chapter 6, article 6 for any one or a combination of the reasons specified in section 36-594.

P. A decision of the department of child safety to deny, suspend or revoke the underlying regular foster home license of a child developmental certified home is appealable pursuant to section 8-506. A denial, suspension or revocation of the regular foster home license is a denial, suspension or revocation of the certification under this section.

Q. The department of child safety and the department of economic security shall adopt rules to implement this section.

R. For the purposes of this section, "foster child", "foster home", "foster parent" and "regular foster home" have the same meanings prescribed in section 8-501.