A.R.S. § 36-2023 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2023
36-2023 Rules
Status: in_force

36-2023. Rules

A. The department shall adopt and enforce rules to establish standards for approved public and private treatment facilities that must be met for a treatment facility to be approved.  The department periodically shall inspect approved facilities at reasonable times and in a reasonable manner. Each approved public and private treatment facility shall file with the department on request information the department requires pursuant to rule. The department shall remove from the list of approved treatment facilities a facility that without good cause fails to furnish information as requested or that files fraudulent information.

B. The department in compliance with subsection A of this section shall adopt and may amend or repeal rules for the acceptance of persons into a treatment program, in light of the available treatment resources and facilities, with a view to the early and effective provision of evaluation and treatment for alcoholics and intoxicated persons.  In establishing the rules, the department shall be guided by the following standards:

1. An intoxicated person or person incapacitated by alcohol, who voluntarily seeks treatment or who is transported to an approved facility by a peace officer or other person, shall be initially brought to and evaluated at a local alcoholism reception center.

2. A person shall receive an initial evaluation.

3. A patient shall be initially assigned or transferred to outpatient treatment or intermediate treatment, unless the person is found to require inpatient treatment.

4. A person shall not be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment.

5. An individualized treatment plan shall be prepared and maintained on a current basis for each patient.

6. Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves the facility or another form of treatment will have available and use other appropriate treatment.

C. The administration shall:

1. Enlist the assistance of all public and private agencies, organizations and individuals engaged in the prevention of alcoholism and treatment of alcoholics and intoxicated persons at approved public and private facilities.

2. Cooperate with the state department of corrections in establishing and conducting programs to provide treatment for alcoholics in penal institutions and alcoholics on parole or community supervision from penal institutions at approved public and private facilities.

3. Cooperate with the department of education, schools, police departments, courts and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons and in preparing curriculum materials for use at all levels of school education.

4. Specify a uniform method for keeping statistical information by approved public and private treatment facilities and collect and make available relevant statistical information, including the number of persons treated, frequency of admission, and readmission and frequency and duration of treatment.

5. Cooperate with the department of transportation in establishing and conducting programs designed to deal with the problem of persons operating motor vehicles while intoxicated.

6. Prepare an annual report on drug abuse treatment programs in this state that receive monies from the administration to be submitted by January 1 of each year to the governor, the president of the senate and the speaker of the house of representatives and to be made available to the general public through the Arizona drug and gang prevention resource center. The report shall include:

(a) The name and location of each program.

(b) The amount and sources of funding for each program.

(c) The number of clients who received services during the preceding fiscal year.

(d) A description of the demographic characteristics of the client population served by each program, including age groups, gender and ethnicity.

(e) A description of client problems addressed by the programs, including the types of substances abused.

(f) A summary of the numbers and types of services available and provided during the preceding fiscal year.

(g) An evaluation of the results achieved by the programs.
A.R.S. § 36-3009 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3009
36-3009 Disclosing location of shelters; prohibition; civil penalty
Status: in_force

36-3009. Disclosing location of shelters; prohibition; civil penalty

A. Information that may disclose the location or address of a shelter for victims of domestic violence is confidential and is not subject to public disclosure by a person or by a public or private agency in a manner that identifies the location or address as a shelter and threatens the safety of the inhabitants.

B. The program administrator shall impose a civil penalty of not more than one thousand dollars against a person or agency that knowingly and maliciously releases information in violation of this section.

C. The program administrator shall deposit, pursuant to sections 35-146 and 35-147, penalties collected pursuant to this section in the state general fund.
A.R.S. § 36-448.54 — Arizona Code / Title 36 / Chapter 4 / Article 9 / Section 448.54
36-448.54 Admission of patients
Status: in_force

36-448.54. Admission of patients

A. A recovery care center shall maintain written admission and discharge policies that are consistent with appropriate patient care and with the purposes of the recovery care center as established in its bylaws adopted pursuant to section 36-448.53.

B. An employee authorized to accept patients for admission and to make administrative decisions concerning their disposition shall be available at all times.

C. Patients shall be provided with identification at the time of their admission.
A.R.S. § 36-3410 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3410
36-3410 Regional behavioral health authorities; contracts; monthly summaries; inspection; copying fee; children's behavioral health and seriously mentally ill services
Status: in_force

36-3410. Regional behavioral health authorities; contracts; monthly summaries; inspection; copying fee; children's behavioral health and seriously mentally ill services

A. If the administration contracts with behavioral health contractors that would act as regional behavioral health authorities or directly with a service provider for behavioral health services, the administration and each behavioral health contractor or service provider shall prepare and make available monthly summary statements, in a format prescribed by the administration, that separately detail by title XIX and nontitle XIX and by service category and service type, as defined by contract with the administration, the number of clients served, the units of service provided and the state and federal monies distributed through the administration to each regional behavioral health authority or direct contract service provider and the amounts distributed by each regional behavioral health authority or direct contract service provider to its subcontractors. The director may require additional information in the monthly statement that the director determines to be critical for proper regulation and oversight of the regional behavioral health authority or the direct contract service provider.

B. For services provided directly by a regional behavioral health authority, the maximum reimbursement to that regional behavioral health authority shall be thirty percent above the Arizona health care cost containment system fee for service rate for the particular service rendered.

C. Except as provided in subsections D and E of this section, behavioral health contractors under contract with the administration to act as regional behavioral health authorities may perform only managed care functions.  Regional behavioral health authorities and their subsidiaries shall not deliver behavioral health services directly to clients.

D. If a direct services behavioral health provider experiences contract performance failure, the regional behavioral health authority, after receiving approval from the administration, may provide direct care services for only as long as necessary to ensure delivery of uninterrupted care to clients and either:

1. Accomplish the orderly transition of those members to a new provider or other existing providers.

2. Until the provider in question reorganizes or otherwise corrects the contract performance failure.

E. Subsection C of this section does not apply to a regional behavioral health authority operated by a federally recognized Indian tribe.

F. In the contracts specified under subsection A of this section, the administration may include a provision to charge, payable to the department of health services, for services provided at the state hospital. The charges are only for clients on whose behalf the contractor has been paid by the administration.

G. The summaries and the contracts on which they are based are open to public inspection. The administration and each regional behavioral health authority or direct contract service provider shall make the summaries available for inspection and copying at the office of each regional behavioral health authority or direct contract service provider and at the administration.

H. The administration and a regional behavioral health authority or direct contract service provider shall charge a copying fee that is not in excess of the actual cost of reproduction or the amount charged by the secretary of state pursuant to section 41-126, whichever is less.

I. Copying fees received by the administration, pursuant to subsection H of this section, shall be placed in the Arizona health care cost containment system fund established by section 36-2913.

J. Monies appropriated each fiscal year for children's behavioral health services shall be spent on services only as prescribed by the appropriation and may not be used for any other purpose.

K. Monies appropriated each fiscal year for seriously mentally ill services shall be spent on services only as prescribed by the appropriation and shall not be used for any other purpose.
A.R.S. § 36-1681 — Arizona Code / Title 36 / Chapter 13 / Article 7 / Section 1681
36-1681 Pool enclosures; requirements; exceptions; enforcement
Status: in_force

36-1681. Pool enclosures; requirements; exceptions; enforcement

A. A swimming pool, or other contained body of water that contains water eighteen inches or more in depth at any point and that is wider than eight feet at any point and is intended for swimming, shall be protected by an enclosure surrounding the pool area, as provided in this section.

B. A swimming pool or other contained body of water required to be enclosed by subsection A whether a belowground or aboveground pool shall meet the following requirements:

1. Be entirely enclosed by at least a five foot wall, fence or other barrier as measured on the exterior side of the wall, fence or barrier.

2. Have no openings in the wall, fence or barrier through which a spherical object four inches in diameter can pass. The horizontal components of any wall, fence or barrier shall be spaced not less than forty-five inches apart measured vertically or shall be placed on the pool side of a wall, fence or barrier which shall not have any opening greater than one and three-quarter inches measured horizontally. Wire mesh or chain link fences shall have a maximum mesh size of one and three-quarter inches measured horizontally.

3. Gates for the enclosure shall:

(a) Be self-closing and self-latching with the latch located at least fifty-four inches above the underlying ground or on the pool side of the gate with a release mechanism at least five inches below the top of the gate and no opening greater than one-half inch within twenty-four inches of the release mechanism or be secured by a padlock or similar device which requires a key, electric opener or integral combination which can have the latch at any height.

(b) Open outward from the pool.

4. The wall, fence or barrier shall not contain openings, handholds or footholds accessible from the exterior side of the enclosure that can be used to climb the wall, fence or barrier.

5. The wall, fence or barrier shall be at least twenty inches from the water's edge.

C. If a residence or living area constitutes part of the enclosure required by subsection B for a swimming pool or other contained body of water in lieu of the requirements of subsection B, there shall be one of the following:

1. Between the swimming pool or other contained body of water and the residence or living area, a minimum four foot wall, fence or barrier to the pool area which meets all of the requirements of subsection B, paragraphs 2 through 5.

2. The pool shall be protected by a motorized safety pool cover which requires the operation of a key switch which meets the American society of testing and materials emergency standards 13-89 and which does not require manual operation other than the use of the key switch.

3. All ground level doors or other doors with direct access to the swimming pool or other contained body of water shall be equipped with a self-latching device which meets the requirements of subsection B, paragraph 3, subdivision (a). Emergency escape or rescue windows from sleeping rooms with access to the swimming pool or other contained body of water shall be equipped with a latching device not less than fifty-four inches above the floor. All other openable dwelling unit or guest room windows with similar access shall be equipped with a screwed in place wire mesh screen, or a keyed lock that prevents opening the window more than four inches, or a latching device located not less than fifty-four inches above the floor.

4. The swimming pool shall be an aboveground swimming pool which has non-climbable exterior sides which are a minimum height of four feet. Any access ladder or steps shall be removable without tools and secured in an inaccessible position with a latching device not less than fifty-four inches above the ground when the pool is not in use.

D. This section does not apply to:

1. A system of sumps, irrigation canals, irrigation, flood control or drainage works constructed or operated for the purpose of storing, delivering, distributing or conveying water.

2. Stock ponds, storage tanks, livestock operations, livestock watering troughs or other structures used in normal agricultural practices.

3. Public or semi-public swimming pools.

4. A swimming pool or contained body of water or barrier constructed prior to the effective date of this article.

5. Political subdivisions which enact a swimming pool barrier ordinance before the effective date of this article.

6. Political subdivisions which adopt ordinances after the effective date of this article provided that the ordinance is equal to or more stringent than the provisions of this article.

7. A residence in which all residents are at least six years of age.

E. A person on entering into an agreement to build a swimming pool or contained body of water or sell, rent or lease a dwelling with a swimming pool or contained body of water shall give the buyer, lessee or renter a notice explaining safety education and responsibilities of pool ownership as approved by the department of health services.

F. A person who violates this section is guilty of a petty offense except that no fine may be imposed if a sufficient showing is made that the person has subsequently equipped the swimming pool or contained body of water with a barrier pursuant to the standards adopted in subsection B within forty-five days of citation and has attended an approved swimming pool safety course.
A.R.S. § 36-135 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 135
36-135 Child immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions
Status: in_force

36-135. Child immunization reporting system; requirements; access; confidentiality; immunity; violation; classification; definitions

A. The child immunization reporting system is established in the department to collect, store, analyze, release and report immunization data.

B. A health care professional who is licensed under title 32 to provide immunizations, except as provided in subsection I of this section, shall report the following information:

1. The health care professional's name, business address and business telephone number.

2. The child's name, address, social security number if known and not confidential, gender, date of birth and mother's maiden name.

3. The type of vaccine administered and the date it is administered.

C. The health care professional may submit this information to the department on a weekly or monthly basis by telephone, fax, mail, computer or any other method prescribed by the department.

D. Except as provided in subsection I of this section, the department shall release identifying information only to the person, the person's health care decision maker, parent or guardian, a health care provider, an entity regulated under title 20, the Arizona health care cost containment system and its contractors as defined in chapter 29 of this title, its external quality review organization or any other entity that has a business associate agreement with the Arizona health care cost containment system, a school official who is authorized by law to receive and record immunization records, a person or entity that provides services to a health care provider and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of the information, as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E) or a nonprofit health information organization as defined in section 36-3801 that is designated by the department as this state's official health information exchange organization.  The department may also release identifying information to an entity designated by the person or the person's health care decision maker, parent or guardian. The department, by rule, may release immunization information to persons for a specified purpose. The department may release nonidentifying summary statistics.

E. Identifying information in the system is confidential. A person who is authorized to receive confidential information under subsection D of this section or pursuant to rules adopted by the department shall disclose this information only as permitted by this section or rules adopted by the department.

F. A health care provider that provides information in good faith pursuant to this section is not subject to civil or criminal liability.

G. A health care provider that does not comply with the requirements of this section violates a law applicable to the practice of medicine and commits an act of unprofessional conduct or a violation of chapter 4 of this title.

H. Any agency or person receiving confidential information from the system who subsequently discloses that information to any other person other than as permitted by this section is guilty of a class 3 misdemeanor.

I. At the request of the person, or if the person is a child the child's parent or guardian, the department of health services shall provide a form to be signed that allows confidential immunization information to be withheld from all persons including persons authorized to receive confidential information pursuant to subsection D of this section. If the request is delivered to the health care professional before the immunization, the health care professional shall not forward the information required under subsection B of this section to the department.

J. For the purposes of this section, "health care decision maker" and "health care provider" have the same meanings prescribed in section 12-2291.
A.R.S. § 36-1602 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1602
36-1602 Fireworks prohibited
Status: in_force

36-1602. Fireworks prohibited

A. Except as otherwise provided by this article, it is unlawful to sell, offer or expose for sale, use, explode or possess any fireworks.

B. This section shall not be construed to prohibit or restrict the manufacture or possession, by a qualified pyrotechnic expert, of aerial set pieces designed for use in pyrotechnical displays, or the display of such set pieces in accordance with the terms of this article. The governing body as defined by section 36-1601 shall determine if the expert is qualified.
A.R.S. § 36-125.04 — Arizona Code / Title 36 / Chapter 1 / Article 1.1 / Section 125.04
36-125.04 Financial statements; uniform accounting report; exemption
Status: in_force

36-125.04. Financial statements; uniform accounting report; exemption

A. Each licensed hospital shall submit to the department an annual financial statement prepared in accordance with generally accepted accounting principles. The statement shall be accompanied by a report of an audit by an independent certified public accountant of the financial statement conducted in accordance with generally accepted auditing standards. Each hospital shall submit the statement within one hundred twenty days of the end of its fiscal year unless the director grants an extension in writing in advance of that date.

B. If a hospital is part of a consolidated or combined group and is normally included in that group's financial statement, the hospital may submit a consolidated or combined statement if the group's statement identifies each of the group's separately licensed hospitals and nursing care institutions operating in this state. For each hospital or nursing care institution operating in this state and for each additional operating unit which accounts for five per cent or more of the consolidated or combined group's gross revenues, the statement shall include financial balances and information for that unit including a balance sheet, an income statement, a statement of changes in equity or fund balance and a statement of cash flows. This information shall be presented as "other financial information" in columnar format in the details of consolidation or combination. All other operating units of the group may be included in a single column labeled "other" provided that a footnote identifies each unit and the gross revenue associated with each unit. The financial information for each hospital included in a consolidated or combined financial statement shall reflect financial balances and information for only the hospital and shall not include nonhospital operations.

C. Each hospital, nursing care institution and hospice shall submit a uniform accounting report to the department annually that includes the following:

1. A balance sheet detailing the assets, liabilities and net worth.

2. A statement of income and expenses.

3. A statement of cash flows.

4. A copy of annual financial and statistical documents submitted to the United States department of health and human services in accordance with the requirements of title XVIII and title XIX of the social security act.

5. Utilization and staffing information and standard units of measure as prescribed by rules.

D. In place of the information required by subsection C, the director may permit a health care institution to file current cost reports and financial information that the institution files for other governmental reporting purposes, except that a health care institution shall file all information required by the Arizona health care cost containment system administration pursuant to title XVIII or XIX of the social security act. The department may require by rule the submission of additional information or schedules to supplement the alternative cost reports and financial information.

E. In addition to the information prescribed in subsection C, a hospital shall also include with its title XVIII cost report all pertinent data, separately stated, on the title XIX program and the state-only funded medical programs under the Arizona health care cost containment system. A hospital may request a one year waiver from the department if logs and financial systems need to be changed in order to comply with this subsection.

F. The department shall prescribe and furnish forms for the uniform accounting report submitted pursuant to subsection C.

G. All reports filed pursuant to this section are open to public inspection at the offices of the department. The department shall ensure that this public access to reports does not breach confidentiality of privileged medical information or privileged information on an individual's work performance or earnings.

H. If further investigation is considered necessary or desirable to verify the accuracy of information in reports filed pursuant to this section, the department may further examine records and accounts related to the reporting requirements of this section. The department shall bear the cost incurred in connection with this examination unless the department finds that the records examined are significantly deficient or incorrect, in which case the department may charge the cost of the investigation to the facility examined.

I. This section does not apply to a facility owned or operated by this state.
A.R.S. § 36-104 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 104
36-104 Powers and duties
Status: in_force

36-104. Powers and duties

This section is not to be construed as a statement of the department's organization. This section is intended to be a statement of powers and duties in addition to the powers and duties granted by section 36-103. The director shall:

1. Administer the following services:

(a) Administrative services, which shall include at a minimum the functions of accounting, personnel, standards certification, electronic data processing, vital statistics and the development, operation and maintenance of buildings and grounds used by the department.

(b) Public health support services, which shall include at a minimum:

(i) Consumer health protection programs, consistent with paragraph 25 of this section, that include at least the functions of community water supplies, general sanitation, vector control and food and drugs.

(ii) Epidemiology and disease control programs that include at least the functions of chronic disease, accident and injury control, communicable diseases, tuberculosis, venereal disease and others.

(iii) Laboratory services programs.

(iv) Health education and training programs.

(v) Disposition of human bodies programs.

(c) Community health services, which shall include at a minimum:

(i) Medical services programs that include at least the functions of maternal and child health, preschool health screening, family planning, public health nursing, premature and newborn program, immunizations, nutrition, dental care prevention and migrant health.

(ii) Dependency health care services programs that include at least the functions of need determination, availability of health resources to medically dependent individuals, quality control, utilization control and industry monitoring.

(iii) Children with physical disabilities services programs.

(iv) Programs for the prevention and early detection of an intellectual disability.

(d) Program planning, which shall include at least the following:

(i) An organizational unit for comprehensive health planning programs.

(ii) Program coordination, evaluation and development.

(iii) Need determination programs.

(iv) Health information programs.

2. Include and administer, within the office of the director, staff services, which shall include at a minimum budget preparation, public information, appeals, hearings, legislative and federal government liaison, grant development and management and departmental and interagency coordination.

3. Make rules for the organization and proper and efficient operation of the department.

4. Determine when a health care emergency or medical emergency situation exists or occurs within this state that cannot be satisfactorily controlled, corrected or treated by the health care delivery systems and facilities available. When such a situation is determined to exist, the director shall immediately report that situation to the legislature and the governor. The report shall include information on the scope of the emergency, recommendations for solution of the emergency and estimates of costs involved.

5. Provide a system of unified and coordinated health services and programs between this state and county governmental health units at all levels of government.

6. Formulate policies, plans and programs to effectuate the missions and purposes of the department.

7. Make contracts and incur obligations within the general scope of the department's activities and operations subject to the availability of monies.

8. Be designated as the single state agency for the purposes of administering and in furtherance of each federally supported state plan.

9. Provide information and advice on request by local, state and federal agencies and by private citizens, business enterprises and community organizations on matters within the scope of the department's duties subject to the departmental rules and regulations on the confidentiality of information.

10. Establish and maintain separate financial accounts as required by federal law or regulations.

11. Advise with and make recommendations to the governor and the legislature on all matters concerning the department's objectives.

12. Take appropriate steps to reduce or contain costs in the field of health services.

13. Encourage and assist in the adoption of practical methods of improving systems of comprehensive planning, of program planning, of priority setting and of allocating resources.

14. Encourage an effective use of available federal resources in this state.

15. Research, recommend, advise and assist in the establishment of community or area health facilities, both public and private, and encourage the integration of planning, services and programs for the development of the state's health delivery capability.

16. Promote the effective use of health manpower and health facilities that provide health care for the citizens of this state.

17. Take appropriate steps to provide health care services to the medically dependent citizens of this state.

18. Certify training on the nature of sudden infant death syndrome, which shall include information on the investigation and handling of cases involving sudden and unexplained infant death for use by law enforcement officers as part of their basic training requirement.

19. Adopt protocols on the manner in which an autopsy shall be conducted under section 11-597, subsection D in cases of sudden and unexplained infant death.

20. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

21. Administer the federal family violence prevention and services act grants, and the department is designated as this state's recipient of federal family violence prevention and services act grants.

22. Accept and spend private grants of monies, gifts and devises for the purposes of methamphetamine education. The department shall disburse these monies to local prosecutorial or law enforcement agencies with existing programs, faith-based organizations and nonprofit entities that are qualified under section 501(c)(3) of the United States internal revenue code, including nonprofit entities providing services to women with a history of dual diagnosis disorders, and that provide educational programs on the repercussions of methamphetamine use.  State general fund monies shall not be spent for the purposes of this paragraph.  If the director does not receive sufficient monies from private sources to carry out the purposes of this paragraph, the director shall not provide the educational programs prescribed in this paragraph.  Grant monies received pursuant to this paragraph are not lapsing and do not revert to the state general fund at the close of the fiscal year.

23. Identify successful methamphetamine prevention programs in other states that may be implemented in this state.

24. Pursuant to chapter 13, article 8 of this title, coordinate all public health and risk assessment issues associated with a chemical or other toxic fire event if a request for the event is received from the incident commander, the emergency response commission or the department of public safety and if funding is available.  Coordination of public health issues shall include general environmental health consultation and risk assessment services consistent with chapter 13, article 8 of this title and, in consultation with the Arizona poison control system, informing the public as to potential public health risks from the environmental exposure. Pursuant to chapter 13, article 8 of this title, the department of health services shall also prepare a report, in consultation with appropriate state, federal and local governmental agencies, that evaluates the public health risks from the environmental exposure. The department of health services' report shall include any department of environmental quality report and map of smoke dispersion from the fire, the results of any environmental samples taken by the department of environmental quality and the toxicological implications and public health risks of the environmental exposure. The department of health services shall consult with the Arizona poison control system regarding toxicology issues and shall prepare and produce its report for the public as soon as practicable after the event. The department of health services shall not use any monies pursuant to section 49-282, subsection E to implement this paragraph.

25. Consult, cooperate, collaborate and, if necessary, enter into interagency agreements and memoranda of understanding with the Arizona department of agriculture concerning its administration, pursuant to title 3, chapter 3, article 4.1, of this state's authority under the United States food and drug administration produce safety rule (21 Code of Federal Regulations part 112) and any other federal produce safety regulation, order or guideline or other requirement adopted pursuant to the FDA food safety modernization act (P.L. 111-353; 21 United States Code sections 2201 through 2252).

26. Adopt rules pursuant to title 32, chapter 32, article 5 prescribing the designated database information to be collected by health profession regulatory boards for the health professionals workforce database.
A.R.S. § 36-2954 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2954
36-2954 Erroneous eligibility determination; state liability
Status: in_force

36-2954. Erroneous eligibility determination; state liability

If the director determines through the grievance and appeal procedure pursuant to a grievance or appeal filed by an applicant that the administration made an error in eligibility determination pursuant to section 36-2933 and a person was incorrectly determined to be ineligible to receive institutional or home and community based services, the administration shall reimburse a provider or noncontracting provider for unreimbursed services provided to the applicant. The administration shall only make reimbursements for services pursuant to this article and from the date the person was incorrectly determined to be ineligible so long as the person remains eligible or until the person is enrolled in the system, whichever is applicable.
A.R.S. § 36-4005 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4005
36-4005 Conditional release to a less restrictive alternative; conditions; reports; review
Status: in_force

36-4005. Conditional release to a less restrictive alternative; conditions; reports; review

A. If the court determines that conditional release to a less restrictive alternative is in the best interest of the committed defendant and will adequately protect the community and the court determines that the minimum conditions under section 36-4006 are met, the court shall enter judgment and order the committed defendant's conditional release to a less restrictive alternative.

B. If the court concludes that the only reason the committed defendant does not meet the standard for continued commitment is the effect of treatment or habilitation being received, the court may deny the request for conditional release to a less restrictive alternative unless the court finds by a preponderance of the evidence that the committed defendant will continue to receive treatment and habilitation following release for as long as the treatment and habilitation is required.  If the court finds that the committed defendant will continue to receive the needed treatment or habilitation, the court may order the committed defendant to be conditionally released to a less restrictive alternative on the condition that the committed defendant continue to receive treatment or habilitation.  If the committed defendant fails to receive the treatment or habilitation ordered, the court may revoke the conditional release.

C. The court may impose any additional conditions on the committed defendant that the court determines are necessary to ensure the committed defendant's compliance with treatment and to protect the community. If the court finds that conditions do not exist that will both ensure the committed defendant's compliance with treatment and protect the community, the court shall remand the committed defendant to the custody of the medical director for care, supervision or treatment in a secure state mental health facility.

D. If the provider that is designated to provide inpatient or outpatient treatment or to monitor or supervise any other terms and conditions of a committed defendant's placement in a less restrictive alternative is not the secure state mental health facility, the provider shall agree in writing to provide the treatment.

E. Before the court authorizes a committed defendant's conditional release to a less restrictive alternative, the court shall impose any conditions on the committed defendant that the court determines are necessary to ensure the safety of the community. The conditions shall include that before being released to a less restrictive alternative, a committed defendant must submit to ninety days of inpatient evaluation at the secure state mental health facility, except that in the medical director's discretion, the duration of the evaluation period may be less than ninety days. The court shall order the medical director to investigate the less restrictive alternative and to submit additional conditions to the court. The court shall give a copy of the conditions of release to the committed defendant and to any designated service provider. Other conditions may include any of the following:

1. Specifying a residence.

2. Requiring compliance with any medications prescribed and any testing or monitoring required.

3. Prohibiting any contact with potential or past victims or other persons and prohibiting associating with other persons or types of persons.

4. Prohibiting the use of alcohol and other drugs.

5. Requiring that the committed defendant remain in this state unless the committed defendant receives prior authorization to leave this state from the court.

6. Requiring compliance with required supervision, monitoring or reporting.

7. Complying with other conditions that the court or the medical director determines are in the best interest of the committed defendant or others.

F. Following a determination that a committed defendant's release to a less restrictive alternative is warranted and after considering the recommendation regarding the duration and amount of treatment by the medical director, the court shall require as a condition of release to a less restrictive alternative that the committed defendant participate in outpatient treatment. The outpatient supervision and treatment may include monitoring a committed defendant by use of an electronic bracelet.  The treatment shall continue until the court orders a change in the committed defendant's treatment requirements or the committed defendant is discharged pursuant to section 36-4009.

G. Each month or as otherwise directed by the court, each designated service provider shall submit a report that states whether the committed defendant is complying with the terms and conditions of conditional release to a less restrictive alternative to each of the following:

1. The court.

2. The secure state mental health facility from which the committed defendant was released.

3. The attorney for the state.

H. The court shall review the case of each committed defendant who is conditionally released to a less restrictive alternative within one year after the committed defendant's release and annually thereafter on motion of either party or the medical director or on the court's own motion until the committed defendant is discharged.  At a case review, the court shall determine only if the committed defendant shall continue to be conditionally released to a less restrictive alternative.  In making its determination, the court shall consider the periodic reports that are submitted to the court pursuant to subsection G of this section and the opinions of the medical director and any other competent professional.
A.R.S. § 36-450.01 — Arizona Code / Title 36 / Chapter 4 / Article 11 / Section 450.01
36-450.01 Reporting procedures
Status: in_force

36-450.01. Reporting procedures

A. Each health care institution licensed pursuant to this chapter shall adopt a procedure for reviewing reports made in good faith by a health professional concerning an activity, policy or practice that the health professional reasonably believes both:

1. Violates professional standards of practice or is against the law.

2. Poses a substantial risk to the health, safety or welfare of a patient.

B. The procedure shall include reasonable measures to maintain the confidentiality of the identity of a health professional providing information to a health care institution pursuant to this section.
A.R.S. § 36-2981 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2981
36-2981 Definitions
Status: in_force

36-2981. Definitions

In this article, unless the context otherwise requires:

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

2. "Contractor" means a health plan that contracts with the administration to provide hospitalization and medical care to members according to this article or a qualifying plan.

3. "Director" means the director of the administration.

4. "Federal poverty level" means the federal poverty level guidelines published annually by the United States department of health and human services.

5. "Health plan" means an entity that contracts with the administration for services provided pursuant to article 1 of this chapter.

6. "Member" means a person who is eligible for and enrolled in the program, who is under nineteen years of age and whose gross household income meets the following requirements:

(a) Beginning on October 1, 1999 through September 30, 2023, has income at or below two hundred percent of the federal poverty level.

(b) Beginning on October 1, 2023 and for each fiscal year thereafter, subject to the approval of the centers for medicare and medicaid services, has income at or below two hundred twenty-five percent of the federal poverty level.

7. "Noncontracting provider" means an entity that provides hospital or medical care but does not have a contract or subcontract with the administration.

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

9. "Prepaid capitated" means a method of payment by which a contractor delivers health care services for the duration of a contract to a specified number of members based on a fixed rate per member, per month without regard to the number of members who receive care or the amount of health care services provided to a member.

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

11. "Primary care practitioner" means a nurse practitioner who is certified pursuant to title 32, chapter 15 or a physician assistant who is licensed pursuant to title 32, chapter 25 and who is acting within the respective scope of practice of those chapters.

12. "Program" means the children's health insurance program.

13. "Qualifying plan" means a contractor that contracts with the state pursuant to section 38-651 to provide health and accident insurance for state employees and that provides services to members pursuant to section 36-2989, subsection A.

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

15. "Tribal facility" means a facility that is operated by an Indian tribe or tribal organization and that is authorized to provide services pursuant to Public Law 93-638, as amended.
A.R.S. § 36-562 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 562
36-562 Schedule of financial contribution; review of payment order
Status: in_force

36-562. Schedule of financial contribution; review of payment order

A. Money for the support of a person with a developmental disability in a residential program operated or supported by the department, except for children placed in special foster homes as described in section 36-558.01, pursuant to sections 8-242, 8-514.01 and 8-845, shall be paid to the department, and by it deposited, pursuant to sections 35-146 and 35-147, and shall continue to be paid unless the person is terminated from such residential program.

B. The financial contribution by the parent of a minor with a developmental disability shall terminate on the eighteenth birthday of such person. The financial contribution by parents on behalf of two or more persons with developmental disabilities receiving developmental disabilities programs or services shall not exceed the maximum amount such parents would be required to pay if only one of such children was receiving the programs or services.

C. The department by rule shall prescribe a fee schedule for developmental disability residential programs provided directly or indirectly by the department. The amount of annual liability of a person with a developmental disability or parent for residential programs and services provided shall be based on the percentage of gross income of the person with a developmental disability or parent, as defined by section 61 of the United States internal revenue code, except that part of the gross income of a self-employed person that results from the operation of the person's business shall be adjusted by the deductions allowed in the internal revenue code relating to such income in computing adjusted gross income.

D. For a person with a developmental disability or a parent of a minor with a developmental disability with an estate, trust or annuity, the amount of annual liability for residential programs and services shall be based on the actual cost of services until the individual meets the financial eligibility requirements for federal social security supplemental income benefits or the financial eligibility requirements for the Arizona long-term care system.  In billing a trust, the department is not limited to trust income, but shall also bill the trust corpus.

E. The director shall review the order for payment for residential care and services at least annually, and shall require the responsible person to update the financial information provided annually or at any time on request by the county board of supervisors or by the parent, guardian, or other person making such payments.  Section 36-563 applies to any order or change in order for payment.

F. The responsible person shall furnish current financial information to the director and to the appropriate county board of supervisors at the times and on the forms and in the manner prescribed by the director, provided that such information shall be held by the director and the county board of supervisors to be strictly confidential, and it shall not be divulged except in the instance where it is necessary in connection with legal action.

G. A financial contribution, which shall not exceed the actual cost of the programs and services provided, may be required from the client or the parent, spouse or estate of a person with a developmental disability for the cost of any nonresidential developmental disability program or service operated by or supported by the department. The department by rule shall adopt a fee schedule for financial contributions. The amount of liability of a client or the parent, spouse or estate of a client for nonresidential services and programs or any combination of residential and nonresidential services and programs shall not exceed the amount of the fee prescribed for residential services in subsection C of this section.  Counties are not required to contribute to the cost of nonresidential services or programs provided to clients.

H. The amount payable by the person with a developmental disability or the person's parent or estate for residential services shall be fixed by the director in accordance with the fee schedule prescribed in this section.

I. Money paid by a client, parent or guardian shall be paid to the director and deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

J. The department shall provide monthly, or more frequent, billings, as required, to all persons responsible for paying for developmental disability residential or nonresidential services and programs provided directly or indirectly by the department. The department shall require all purchase of care providers to provide current lists of all persons receiving residential or nonresidential services and programs in facilities operated by such providers. The department shall forward reports of delinquent billings for residential and nonresidential services and programs provided by the department or by contractors to the attorney general for collection.

K. The department shall notify each client and the parent or guardian of such client for whom it has determined that contributions are required for the cost of residential or nonresidential services and programs that it reserves the right to terminate developmental disability residential or nonresidential services and programs to a client for nonpayment of fees required to be paid pursuant to this section.

L. Any person affected by an order of the director for payment of costs of care may contest such order and request an administrative hearing pursuant to section 36-563. Any person liable for the costs of care of a client may appeal to the director, pursuant to section 36-563, for a reduction in the amount of payment for such costs of care on the basis of hardship.

M. Notwithstanding subsections C and H of this section, the department may require clients who are receiving residential programs and who receive income or benefits to contribute to the cost of their support and maintenance, subject to the provisions of federal laws and regulations. Such contributions shall not be subject to subsections A and I of this section.  The department shall adopt rules that determine the amount and means of payment of such contributions, except that in no event shall the combined contribution made on behalf of a client by a client or the client's parent or estate exceed the actual cost of the residential programs provided. A minimum of thirty per cent of the client's income or benefits shall be retained for the client's personal use.
A.R.S. § 36-550.01 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.01
36-550.01 Statewide plan for community residential treatment
Status: in_force

36-550.01. Statewide plan for community residential treatment

A. The director shall establish a statewide plan for a community residential treatment system. The plan shall provide for a statewide system of mental health residential treatment programs that provides to the seriously mentally ill a wide range of programs and services, as identified in section 36-550.05, as alternatives to institutional care.

B. The statewide plan shall include the following elements:

1. A description on a county-by-county basis of the current programs and service delivery mechanisms providing services to the seriously mentally ill.

2. An identification of areas within the state where multiple jurisdictions could participate in program delivery utilizing intergovernmental contracts.

3. Goals, objectives and priorities for the delivery of such services and methods to evaluate program effectiveness of goals, objectives and priorities.

4. Cooperation with the counties to develop and maintain a coordinated system for delivery of residential care.

5. Methods for estimating the need for community residential treatment services and for allocating state monies according to that need.

C. The director may establish rules as are necessary for the implementation of this article.
A.R.S. § 36-2852 — Arizona Code / Title 36 / Chapter 28.2 / Section 2852
36-2852 Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia
Status: in_force

36-2852. Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia

(Caution:  1998 Prop. 105 applies)

A. Except as specifically and expressly provided in sections 36-2851 and 36-2853 and notwithstanding any other law, the following acts by an individual who is at least twenty-one years of age are lawful, are not an offense under the laws of this state or any locality, may not constitute the basis for detention, search or arrest, and cannot serve as the sole basis for seizure or forfeiture of assets, for imposing penalties of any kind under the laws of this state or any locality or for abrogating or limiting any right or privilege conferred or protected by the laws of this state or any locality:

1. Possessing, consuming, purchasing, processing, manufacturing by manual or mechanical means, including sieving or ice water separation but excluding chemical extraction or chemical synthesis, or transporting one ounce or less of marijuana, except that not more than five grams of marijuana may be in the form of marijuana concentrate.

2. Possessing, transporting, cultivating or processing not more than six marijuana plants for personal use at the individual's primary residence, and possessing, processing and manufacturing by manual or mechanical means, including sieving or ice water separation but excluding chemical extraction or chemical synthesis, the marijuana produced by the plants on the premises where the marijuana plants were grown if all of the following apply:

(a) Not more than twelve plants are produced at a single residence where two or more individuals who are at least twenty-one years of age reside at one time.

(b) Cultivation takes place within a closet, room, greenhouse or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.

(c) Cultivation takes place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft or other optical aids.

3. Transferring one ounce or less of marijuana, of which not more than five grams may be in the form of marijuana concentrate, to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public.

4. Transferring up to six marijuana plants to an individual who is at least twenty-one years of age if the transfer is without remuneration and is not advertised or promoted to the public.

5. Acquiring, possessing, manufacturing, using, purchasing, selling or transporting paraphernalia relating to the cultivation, manufacture, processing or consumption of marijuana or marijuana products.

6. Assisting another individual who is at least twenty-one years of age in any of the acts described in this subsection.

B. Notwithstanding any other law, a person with metabolites or components of marijuana in the person's body is guilty of violating section 28-1381, subsection A, paragraph 3 only if the person is also impaired to the slightest degree.

C. Notwithstanding any other law, the odor of marijuana or burnt marijuana does not by itself constitute reasonable articulable suspicion of a crime.  This subsection does not apply when a law enforcement officer is investigating whether a person has violated section 28-1381.
A.R.S. § 36-2217 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2217
36-2217 Exemption from regulation
Status: in_force

36-2217. Exemption from regulation

A. This chapter does not apply to:

1. Vehicles used for the emergency transportation of persons injured at an industrial site.

2. Persons engaged in and vehicles used for air transportation of sick or injured people in a noncritical or nonemergency situation as determined by a physician.

3. Medical evacuation equipment used and owned by the department of public safety in air, ground or water evacuation and including fixed wing aircraft, helicopters, ground ambulances and similar ground conveyances, snowmobiles and water traversing equipment.

4. Vehicles provided or contracted for emergency medical services by a political subdivision if these vehicles are primarily used to provide on the scene stabilization of sick, injured, wounded, incapacitated or helpless persons.

5. Ambulances from other states that are:

(a) Responding to a major catastrophe or emergency in this state because there are insufficient registered ambulances in this state to respond in that situation.

(b) Operating either from a location outside of this state to transport a patient to a location within this state or operating from a location outside of this state and crossing through this state to transport a patient to a location outside this state.

6. Stretcher vans that meet the requirements of section 36-2223.

B. Except as provided in subsection A, paragraph 5, subdivision (a) of this section, an ambulance from another state shall not pick up a patient in this state and transport that patient to another location in this state unless that ambulance is registered under this chapter.
A.R.S. § 36-717 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 717
36-717 Responsibility for care or treatment by counties
Status: in_force

36-717. Responsibility for care or treatment by counties

A. The local board of health, through the board of supervisors of the county, shall be responsible for providing or arranging for the provision of medical care and treatment of persons in the county infected with tuberculosis.

B. A county with a population of more than one million persons shall pay claims approved by the county from a facility or provider for medical care or treatment that are a county charge pursuant to subsection A of this section, unless otherwise provided by an intergovernmental agreement, as follows:

1. For inpatient and outpatient hospital services, the county shall reimburse at a level that does not exceed the reimbursement methodology established pursuant to section 36-2903.01, subsection G.

2. For health and medical services, the county shall reimburse at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to chapter 29, article 1 of this title and that is in effect at the time the services are delivered.
A.R.S. § 36-1801 — Arizona Code / Title 36 / Chapter 16 / Article 1 / Section 1801
36-1801 Definitions
Status: in_force

36-1801. Definitions

(Rpld. 7/1/27)

In this chapter, unless the context otherwise requires:

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

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

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

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

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

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

7. "Nursing care institution" has the same meaning prescribed in section 36-401.
A.R.S. § 36-509.01 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 509.01
36-509.01 Case records; involuntary treatment hearings; confidentiality; definition
Status: in_force

36-509.01. Case records; involuntary treatment hearings; confidentiality; definition

A. Except as otherwise provided by law, court rule or court order, the case records of and case information regarding a court proceeding brought under article 4 or 5 of this chapter are not open to public access or inspection.

B. The court, for good cause shown, may authorize the release of case records and case information regarding a court proceeding brought under article 4 or 5 of this chapter.

C. The supreme court may adopt appropriate rules to govern the access to the case records and case information regarding any court action or proceeding brought under article 4 or 5 of this chapter.

D. For the purposes of this section, "case record" has the same meaning as prescribed in rules of the supreme court.
A.R.S. § 36-572 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 572
36-572 Client developmental disability services trust fund; donation account
Status: in_force

36-572. Client developmental disability services trust fund; donation account

A. A client with a developmental disability services trust fund is established.

B. The fund consists of donations and the proceeds of the sale or lease of the real property and buildings and improvements on the real property used by the department of economic security for the Arizona training program at Phoenix.

C. The proceeds of the sale or lease shall be deposited, pursuant to sections 35-146 and 35-147, in the client developmental disability services trust fund. The client developmental disability services trust fund is separate and apart from all other funds.

D. Monies in the client developmental disability services trust fund may only be spent for client services provided by the department of economic security and with the approval of the developmental disabilities advisory council. Those clients on the department's developmental disabilities waiting list shall also be included in these services as far as possible.

E. Expenditures from the client developmental disability services trust fund for the previous year shall be reported to the legislature in the course of the department of economic security's annual budget request.  The trust fund shall not be a factor to influence or diminish the annual appropriation to the department for client services.

F. 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.

G. Interest or other income derived from the client developmental disability services trust fund shall be used to enhance the services presently available to persons with developmental disabilities and to extend services to persons with developmental disabilities not presently served. Interest or other income derived from the client developmental disability services trust fund shall not be used to supplant general fund appropriations for developmental disabilities programs.

H. Donations directed to the client developmental disability services trust fund shall be deposited into the client developmental disability services trust fund donation account, and shall be used to enhance the services presently available to persons with developmental disabilities and to extend services to persons with developmental disabilities not presently served.  Donations received shall not be used to supplant general fund appropriations for developmental disabilities programs.  The developmental disabilities advisory council shall oversee and approve expenditures of the donations, pursuant to sections 35-149 and 36-553, for expenditures from the client with developmental disabilities services trust fund donation account.
A.R.S. § 36-3705 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3705
36-3705 Judicial determination of sexually violent person; transfer for evaluation
Status: in_force

36-3705. Judicial determination of sexually violent person; transfer for evaluation

A. On the filing of a petition pursuant to section 36-3704, the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person.

B. If the judge determines that probable cause exists to believe that the person named in the petition is a sexually violent person, the judge shall order that the person be detained in a licensed facility under the supervision of the superintendent of the Arizona state hospital.

C. On motion of the respondent filed within ten days after service of the petition, the court shall hold a probable cause hearing.

D. Within seventy-two hours after a person is detained pursuant to subsection B of this section, the court shall provide the person with notice of and an opportunity to appear at a probable cause hearing to contest the probable cause finding made by the court pursuant to subsection A of this section. At the hearing, the court shall verify the person's identity and shall determine if probable cause exists to believe that the person is a sexually violent person. At the hearing, the state may rely on the petition that alleges that the person is a sexually violent person and that is filed pursuant to section 36-3704. The state may supplement the information in the petition with additional documentary evidence or live testimony.

E. At the probable cause hearing, the person has the following rights:

1. To present evidence on the person's behalf.

2. To cross-examine witnesses who testify against the person.

3. To view and copy all documents and reports in the court file.

F. After the hearing, if the court determines probable cause does not exist to believe that the person is a sexually violent person, the court shall dismiss the petition.

G. If at the hearing the court reaffirms that probable cause exists to believe that the person is a sexually violent person, the judge shall order an evaluation as to whether the person is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.

H. If the respondent has not requested a probable cause hearing within ten days after service of the petition, the court shall order an evaluation as to whether the respondent is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.

I. The county shall pay the costs of an evaluation conducted pursuant to subsection G or H of this section.

J. The referring agency shall make available to the department of health services all records concerning the person detained pursuant to this section.
A.R.S. § 36-1404 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1404
36-1404 Housing authority; employees
Status: in_force

36-1404. Housing authority; employees

A. Every city, town or county, in addition to other powers conferred by this article, may, by proper resolution of its governing body, create as an agent of that city, town or county a housing authority of the city, town or county. The city, town or county may delegate to that authority its power to acquire, own, maintain and dispose of real estate and appurtenances to real estate and to construct, maintain, operate and manage a housing project or projects and, notwithstanding the foregoing enumeration, may delegate to the authority any or all of the powers conferred on the city, town or county by this article, including the power to borrow money, issue bonds and acquire real property through the exercise of eminent domain.  However, public housing authorities that act and exist under the control of a city, town or county may exercise eminent domain or issue bonds only on and pursuant to specific, formal case by case project preapproval from the governing body of that city, town or county.

B. If the governing body of a city or town adopts a resolution as provided by subsection A, it shall promptly notify the mayor of the adoption. As directed by that resolution, the mayor shall appoint at least five persons as commissioners of the authority.  If the board of supervisors adopts a resolution as provided in subsection A, the board, consistent with that resolution, shall thereafter appoint at least five persons as commissioners of the authority.  The commissioners first appointed shall be designated to serve for staggered terms of one, two and three years from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of four years.  Vacancies from causes other than expiration of term shall be filled for the unexpired term only. A commissioner of an authority shall not hold any other office or employment of the city, town or county for which the authority is created.  A commissioner shall hold office until the commissioner’s successor has been appointed and has qualified. A certificate of appointment or reappointment of a commissioner shall be filed with the appropriate city, town or county clerk, and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner. A commissioner shall not receive compensation for the commissioner’s services but is eligible to receive reimbursement for necessary expenses, including travel, incurred in the discharge of the commissioner’s duties. The governing body of a city, town or county may elect by majority vote to provide that each council member or the mayor, while rightfully holding that office, shall automatically be and act as a commissioner of that government's public housing authority.

C. Powers delegated by a city, town or county to an authority are vested in the commissioners. A majority of the authorized number of commissioners constitutes a quorum for all purposes including conducting the business of the authority and exercising its powers. If the meeting is duly noticed and a quorum is present, action may be taken by the authority on a vote of a majority of the commissioners present. The mayor or board of supervisors shall designate which of the commissioners shall be chairman and vice-chairman, respectively. The governing body of a city, town or county that creates a housing authority may authorize the authority to employ a secretary, who shall also be executive director, and technical experts and other officers, attorneys, agents and employees, permanent and temporary, as the authority requires, to determine their qualifications, duties and compensation, and to delegate to one or more of them powers or duties as the authority deems proper. A city, town, county or authority that has in place an appropriate and sufficient housing department or appropriate and sufficient authority staff, by a resolution of its governing body, may authorize and direct that the department or authority staff provide any executive, administrative, fiscal or technical experts and other officers, attorneys, independent contractors, agents and employees to another city, town, county or authority as may be necessary or desirable to the achievement of the purposes and powers prescribed in this article.

D. Meetings of the public housing commissions are subject to the public meetings laws.
A.R.S. § 36-539 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 539
36-539 Conduct of hearing; record; transcript
Status: in_force

36-539. Conduct of hearing; record; transcript

A. The medical director of the evaluation agency shall issue instructions to the physicians or the psychiatric and mental health nurse practitioner of the evaluation agency who is treating the proposed patient to take all reasonable precautions to ensure that at the time of the hearing the proposed patient is not so under the influence of or does not so suffer the effects of drugs, medication or other treatment as to be hampered in preparing for or participating in the hearing. If the proposed patient is being treated as an inpatient by the evaluation agency, the court at the time of the hearing shall be presented a record of all drugs, medication or other treatment that the person has received during the seventy-two hours immediately before the hearing.

B. The patient and the patient's attorney shall be present at all hearings, and the patient's attorney may subpoena and cross-examine witnesses and present evidence. The patient may choose to not attend the hearing or the patient's attorney may waive the patient's presence. The evidence presented by the petitioner or the patient shall include the testimony of two or more witnesses, regardless of the witnesses' professional licensure, if any, who observed or were acquainted with the patient at the time of the alleged mental disorder before the submission of the current application for evaluation pursuant to section 36-520 or, if after the submission of the current application, who were not formal participants in the evaluation process.  The testimony of the witnesses shall be limited to observed facts and may not include expert opinion or conclusions. The witness testimony may be satisfied by a statement agreed on by the parties and testimony of the two physicians or other health professionals who participated in the evaluation of the patient pursuant to section 36-533, which may be satisfied by stipulating to the admission of the affidavits as required pursuant to section 36-533, subsection B. The evaluating physicians or other health professionals shall testify as to their personal observations of the patient. They shall also testify as to their opinions concerning whether the patient is, as a result of mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability and as to whether the patient requires treatment. Such testimony shall state specifically the nature and extent of the danger to self or to others, the persistent or acute disability or the grave disability. If the patient has a grave disability, the evaluating physicians or other health professionals shall testify concerning the need for guardianship or conservatorship, or both, and whether or not the need is for immediate appointment. Other persons who have participated in the evaluation of the patient or, if further treatment was requested by a mental health treatment agency, persons of that agency who are directly involved in the care of the patient shall testify at the request of the court or of the patient's attorney.  Witnesses shall testify as to placement alternatives appropriate and available for the care and treatment of the patient. The clinical record of the patient for the current admission shall be available and may be presented in full or in part as evidence at the request of the court, the county attorney or the patient's attorney.

C. If the patient, for medical or psychiatric reasons, is unable to be present at the hearing and cannot appear by other reasonably feasible means, the court shall require clear and convincing evidence that the patient is unable to be present at the hearing and on such a finding may proceed with the hearing in the patient's absence.

D. The requirements of subsection B of this section are in addition to all rules of evidence and the Arizona rules of civil procedure, not inconsistent with subsection B of this section.

E. A verbatim record of all proceedings under this section shall be made by stenographic means by a court reporter if a written request for a court reporter is made by any party to the proceedings at least twenty-four hours in advance of such proceedings. If stenographic means are not requested in the manner provided by this subsection, electronic means shall be directed by the presiding judge. The stenographic notes or electronic tape shall be retained as provided by statute.

F. A patient who has been ordered to undergo treatment may request a certified transcript of the hearing. To obtain a copy, the patient shall pay for a transcript or shall file an affidavit that the patient is without means to pay for a transcript. If the affidavit is found true by the court, the expense of the transcript is a charge on the county in which the proceedings were held, or, if an intergovernmental agreement by the counties has required evaluation in a county other than that of the patient's residence, such expense may be charged to the county of the patient's residence or in which the patient was found before evaluation.
A.R.S. § 36-886.01 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 886.01
36-886.01 Injunctions
Status: in_force

36-886.01. Injunctions

If the department believes that a child care facility is operating under conditions that present possibilities of serious harm to children, the department shall notify the county attorney or the attorney general who shall immediately seek a restraining order and injunction against the facility.
A.R.S. § 36-2901.07 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.07
36-2901.07 Definition of eligible person; conditional eligibility
Status: in_force

36-2901.07. Definition of eligible person; conditional eligibility

(Conditionally Rpld.)

A. Beginning January 1, 2014, for the purposes of section 36-2901, "eligible person" includes a person who is eligible pursuant to 42 United States Code section 1396a(a)(10)(A)(i)(VIII) and whose household's modified adjusted gross income is more than one hundred per cent but equal to or less than one hundred thirty-three per cent of the federal poverty guidelines.

B. The administration shall discontinue eligibility for a person who is eligible pursuant to subsection A of this section if the federal medical assistance percentage established pursuant to 42 United States Code section 1396d(y) or 1396d(z) that is applicable to this state is less than eighty per cent.

C. The administration shall discontinue eligibility for persons who are eligible pursuant to subsection A of this section if the maximum amount that can be assessed under section 36-2901.08 without causing a reduction in federal financial participation, in combination with the monies specified in section 36-2901.09 and any other monies appropriated for the costs of this section and costs specified in section 36-2901.08, subsection A, is insufficient to cover those costs.
A.R.S. § 36-566 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 566
36-566 Request for termination from a state facility, program or service
Status: in_force

36-566. Request for termination from a state facility, program or service

A. Upon written request from the responsible person for termination of the client from a developmental disabilities program or service operated directly or indirectly by the department, or when it has been determined at an evaluation that the client has the necessary independent living skills as determined by the client's individual program plan, the department shall immediately terminate the client's programs and services. This section does not conflict with section 36-560, subsection J or section 36-551.01, subsection M.

B. The department shall terminate a client from developmental disabilities programs and services operated by or supported by the department at the age of eighteen years unless the responsible person has filed a written application for the continuation of services or programs.

C. Six months prior to the eighteenth birthday of a client, the department shall give written and oral notice, subject to the language and communication requirements of section 36-551.01, subsection P, to the client and the responsible person. This notice shall state that the department is required to terminate the client from developmental disabilities programs and services operated by or supported by the department at the age of eighteen years unless the responsible person has filed a written application for the continuation of services or programs and that a guardian may be required for the client pursuant to section 36-560, subsection E.
A.R.S. § 36-446.07 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.07
36-446.07 Disciplinary actions; grounds for disciplinary action; renewal; continuing education; inactive status; hearings; settlement; judicial review; admission by default; military members
Status: in_force

36-446.07. Disciplinary actions; grounds for disciplinary action; renewal; continuing education; inactive status; hearings; settlement; judicial review; admission by default; military members

A. The board may suspend or revoke the license of any nursing care institution administrator, censure or place on probation any licensed nursing care institution administrator or deny a license as a nursing care institution administrator to any person for any of the following reasons:

1. Conviction of a felony or conviction of any misdemeanor involving moral turpitude.

2. Obtaining or renewing a license by fraud or deceit.

3. Unprofessional conduct.

4. Practicing without biennial licensure.

5. Addiction to or dependency on drugs or alcohol.

6. Wrongful transfer of a license or falsely impersonating another licensee.

7. Unauthorized disclosure of information relating to a patient or a patient's records.

8. Payment to any person for solicitation or procurement, either directly or indirectly, of nursing home patronage.

9. Violation of this article or a rule adopted pursuant to this article.

B. The board may suspend or revoke the certificate of an assisted living facility manager, censure or place on probation an assisted living facility manager or deny a certificate as an assisted living facility manager to a person for any of the following reasons:

1. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.

2. Obtaining or renewing a certificate by fraud or deceit.

3. Unprofessional conduct.

4. Practicing without biennial certification.

5. Addiction to or dependency on drugs or alcohol.

6. Wrongful transfer of a certificate or falsely impersonating another certificate holder.

7. Unauthorized disclosure of information relating to a resident or a resident's records.

8. Violation of this article or a rule adopted pursuant to this article.

C. The board may impose a civil penalty in an amount of not to exceed five hundred dollars on any nursing care institution administrator or assisted living facility manager who violates this article or any rule adopted pursuant to this article.  Actions to enforce the collection of these penalties shall be brought in the name of this state by the attorney general or the county attorney in the justice court or the superior court in the county in which the violation occurred.  Penalties imposed under this section are in addition to and not in limitation of other penalties imposed pursuant to this article.

D. The board may file a letter of concern if, in the opinion of the board, while there is insufficient evidence to support direct action against the license of the administrator or the certificate of the manager, there is sufficient evidence for the board to notify the administrator or manager of its concern.

E. Every holder of a nursing care institution administrator's license shall renew it biennially by making application to the board.  The renewals shall be granted as a matter of course if the holder has successfully completed at least fifty hours of continuing education every two years as established by the board in its rules, unless the applicant has acted or failed to act in such a manner or under such circumstances as would constitute grounds for taking any of the disciplinary actions permitted by this section.  The board shall maintain a log of each complaint substantiated by the board or deficiency report concerning an administrator and shall retain in the administrator's file a copy of each such complaint or report and the action taken on it, if any.  The board shall review and consider the administrator's file in determining whether to renew the administrator's license.

F. Except as provided in subsection R of this section, every holder of an assisted living facility manager's certificate shall renew it biennially by making application to the board.  The renewals shall be granted as a matter of course if the holder has successfully completed continuing education every two years as established by the board in its rules, unless the applicant has acted or failed to act in a manner or under circumstances that constitute grounds for taking disciplinary action permitted by this section.  The board shall maintain a log of each complaint substantiated by the board or deficiency report concerning a manager and shall retain in the manager's file a copy of each complaint or report and the action taken on it, if any.  The board shall review and consider the manager's file in determining whether to renew the manager's certificate.

G. Except as provided in subsection R of this section, failure on the part of any licensed nursing care institution administrator or certified assisted living facility manager to furnish evidence of having attended the required continuing education hours during the preceding two years shall preclude renewal of the license or certificate unless the continuing education requirement is fulfilled within one hundred twenty days.

H. On written request to the board, a nursing care institution administrator in good standing may cause the administrator's name and license to be transferred to an inactive list.  Any nursing care institution administrator on inactive license status shall pay a license renewal fee.  On written request to the board, and subsequent approval by the board, a nursing care institution administrator on inactive license status may resume active license status on meeting twenty-five hours of continuing education requirements within six months and payment of the current fee.

I. On written request to the board, the board shall transfer an assisted living facility manager in good standing to an inactive list.  An assisted living facility manager on inactive certificate status shall pay a certificate renewal fee prescribed by the board of not more than one hundred dollars every two years.  On written request to the board, and subsequent approval by the board, an assisted living facility manager on inactive certificate status may resume active certificate status on meeting requirements for six hours of continuing education within six months and payment of the current fee.

J. Suspension, revocation or denial of renewal of a license or certificate or censure or probation of a licensee or certificate holder by the board becomes effective only on the board's first giving the licensee or certificate holder prior written notice and affording the licensee or certificate holder the right to request a hearing within thirty-five days of the receipt of notice.  A hearing is not required before the denial of an original application for a license or a certificate.  All hearings shall be conducted pursuant to title 41, chapter 6, article 10.

K. Any person wishing to make a complaint against a licensee or certificate holder under this article shall file a written complaint with the board within one year from the date of the action causing the complaint.  If the board determines that the charges made in the complaint are sufficient, if true, to warrant suspension or revocation of a license or certificate issued under this article or censure or probation of a licensee or certificate holder under this article, it shall issue an order fixing the time and place for a hearing and requiring the licensee or certificate holder complained against to appear and answer the complaint.  The order shall have affixed to it a copy of the complaint, and both shall be served on the licensee or certificate holder either personally or by certified mail sent to the licensee's or the certificate holder's last known address at least thirty-five days before the date set for the hearing.  All hearings shall be conducted pursuant to title 41, chapter 6, article 10.

L. The board and an administrator or manager may enter into a settlement of any matter under investigation either before or after a notice of the hearing has been issued if the board determines that the proposed settlement adequately protects the public safety, health and welfare. The board shall record the terms of each settlement entered into and shall make the record available for public inspection.

M. Except as provided in section 41-1092.08, subsection H, final decisions of the board are subject to judicial review pursuant to title 12, chapter 7, article 6.

N. If the board has initiated an investigation pursuant to this section, the board may continue the investigation and discipline the person under investigation even if that person resigns from practice after the board has initiated the investigation.

O. A licensee or certificate holder shall respond in writing to the board within thirty-five days after the board serves the complaint and notice of a formal hearing by certified mail.  Service is complete on the date the board places the notice in the mail.  The board shall consider a licensee's or certificate holder's failure to respond to the notice within thirty-five days as an admission by default to the allegations stated in the complaint.  The board may then take disciplinary action against the licensee or certificate holder without conducting a formal hearing.

P. The board may set aside an admission by default if a licensee or certificate holder shows good cause. A licensee or certificate holder who applies to the board to set aside an admission by default shall demonstrate the following to the satisfaction of the board:

1. The failure to respond to the notice of the board was due to excusable neglect.

2. The licensee or certificate holder has a meritorious defense.

3. The licensee or certificate holder made prompt application to the board for relief.

Q. The board shall not consider an application to set aside an admission by default filed later than one hundred eighty days after the board's entry of the admission by default.

R. A license or certificate issued pursuant to this chapter to any member of the Arizona national guard or the United States armed forces reserves shall not expire while the member is serving on federal active duty and shall be extended one hundred eighty days after the member returns from federal active duty, provided that the member, or the legal representative of the member, notifies the board of the federal active duty status of the member.  A license or certificate issued pursuant to this chapter to any member serving in the regular component of the United States armed forces shall be extended one hundred eighty days from the date of expiration, provided that the member, or the legal representative of the member, notifies the board of the federal active duty status of the member.  If the license or certificate is renewed during the applicable extended time period, the member is responsible only for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as late fees or delinquency fees.  The member, or the legal representative of the member, shall present to the board a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.

S. A license or certificate issued pursuant to this chapter to any member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces shall not expire and shall be extended one hundred eighty days from the date the military member is able to perform activities necessary under the license or certificate if the member both:

1. Is released from active duty service.

2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the license, certificate or registration.
A.R.S. § 36-1631 — Arizona Code / Title 36 / Chapter 13 / Article 2.1 / Section 1631
36-1631 Definitions
Status: in_force

36-1631. Definitions

In this article, unless the context otherwise requires:

1. "Hazardous locations" means those structural elements, glazed or to be glazed, in buildings used as dwellings for one or more families or persons, commercial buildings, industrial buildings and public buildings, known as interior and exterior doors composed of or containing glass or glass panels, sliding glass door units including the fixed glazed panels which are part of such units, storm or combination doors, and the fixed glazed panels immediately adjacent to such doors, whether or not the glazing in such doors, panels and enclosures is transparent, and all interior and exterior glazing in bathrooms, the bottom edge of which is less than fifty-six inches above the floor level.

2. "Panels immediately adjacent to" means the first fixed glazed panel on either or both sides of a door in a hazardous location, whether or not on the same plane and whether or not divided by a horizontal mullion, eighteen inches to forty-eight inches in width, the nearest vertical edge of which is located within three feet horizontally of the nearest vertical edge of the door and the bottom edge is less than eighteen inches above the floor level.

3. "Public buildings" means hotels, motels, dormitories, health care institutions, theatres, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, museums, restaurants, bars, places of worship and other buildings of public assembly.

4. "Safety glazing material" means any glazing material, including, but not limited to, tempered glass, laminated glass, wire glass or rigid plastic which meets the test requirements of the American national standards institute (ANSI) standard Z-97.1-1972 as now established or as may be amended from time to time, and which is so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.
A.R.S. § 36-507 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 507
36-507 Patient's rights to privacy and to personal possessions
Status: in_force

36-507. Patient's rights to privacy and to personal possessions

Every person undergoing evaluation or treatment pursuant to this chapter:

1. Has the right not to be fingerprinted.

2. Has the right not to be photographed without consent of the person and the person's attorney or guardian, except that the person may be photographed upon admission to an agency for identification and administrative purposes of the agency.  All photographs shall be confidential and shall not be released by the agency except pursuant to court order.

3. Has the right to examine the written treatment program and the medical record, unless the attending physician or the physician's designee who is a health professional as defined in section 32-3201 determines that such an examination is contraindicated or the requirements of section 12-2293, subsection B are met.  If the attending physician or the physician's designee denies such an examination, this determination shall be noted in the patient's medical record.

4. Has access to individual storage space for his private use while undergoing evaluation or treatment.

5. May wear the person's own clothing, keep and use the person's own personal possessions including toilet articles and to keep and be allowed to spend a reasonable sum of the person's own money for the person's own needs and comfort.  Notwithstanding section 36-516, the director of the agency may deny the patient's rights under this paragraph if necessary to protect the safety of the patient or others.  The denial shall be based on a written determination and entered into the patient's clinical record and that information shall be made available on request to the person or the person's attorney or guardian.
A.R.S. § 36-715 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 715
36-715 Costs; removal; proceedings
Status: in_force

36-715. Costs; removal; proceedings

A. The director or the director's designee may enter into reciprocal agreements with federal agencies, foreign governments, state agencies, Indian tribal governments, political subdivisions and other jurisdictions to facilitate the return of any afflicted person. The expense of this transportation may be paid by the department of economic security out of funds appropriated to it for the purpose of carrying out this article.

B. The costs of any proceeding held pursuant to this article shall be charged to the county in which the proceeding is held.
A.R.S. § 36-550.03 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.03
36-550.03 Statewide plan implementation; contract requirements; exception
Status: in_force

36-550.03. Statewide plan implementation; contract requirements; exception

A. On establishment of the statewide plan for a community residential treatment system as required in section 36-550.01, the director shall provide for the delivery of such programs and services, utilizing all monies identified and available for the seriously mentally ill, in the following manner:

1. Provide such programs and services directly through the administration or by contract with other public or private agencies.

2. Contract with individual counties to provide programs and services directly or by contract with other public or private agencies.

3. Provide for programs and services by any combination of service delivery mechanisms as prescribed in paragraphs 1 and 2 of this subsection.

B. The director may use any monies available to the administration for the purposes of this article to provide for the establishment and maintenance of community residential treatment programs and services. If the director contracts with a county as prescribed in subsection A of this section, the director may require not more than a twenty-five percent match of local or other monies. The matching requirement for local or other monies may be provided by either direct funding or by in-kind services.

C. If the programs and services prescribed in subsection A of this section are provided through a contract with a private agency, the director shall not require matching monies as a condition for a contract to provide services.
A.R.S. § 36-595.02 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 595.02
36-595.02 Investigation of complaints
Status: in_force

36-595.02. Investigation of complaints

The department shall receive reports of complaints about services provided by the department and may refer those reports to licensing, contracting or program authorities, or law enforcement.
A.R.S. § 36-2531 — Arizona Code / Title 36 / Chapter 27 / Article 4 / Section 2531
36-2531 Prohibited acts; classification
Status: in_force

36-2531. Prohibited acts; classification

A. It is unlawful for any person:

1. Who is subject to article 3 of this chapter to intentionally or knowingly distribute or dispense a controlled substance in violation of section 36-2525.

2. Who is a registrant to intentionally or knowingly manufacture a controlled substance not authorized by that person's registration or to intentionally or knowingly distribute or dispense a controlled substance not authorized by that person's registration to another registrant or other authorized person.

3. To intentionally or knowingly refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this chapter.

4. To intentionally or knowingly refuse entry into any premises for any inspection authorized by this chapter.

5. To knowingly dispense or deliver anabolic steroids without a written prescription or for a nontherapeutic use.

6. To intentionally or knowingly sell, buy, exchange or give away any preparation subject to section 36-2516 or the rules adopted pursuant to section 36-2516, unless the preparation is to be used for a legitimate medical purpose and in compliance with this chapter.

B. Notwithstanding any other law, any person who violates any provision of subsection A of this section is guilty of a class 4 felony.

C. It is unlawful for any person intentionally or knowingly:

1. To distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by section 36-2524.

2. To furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under this chapter or any record required to be kept by this chapter.

D. A person who violates any provision of subsection C of this section is guilty of a class 4 felony.

E. A person shall not provide a false prescription for a controlled substance or knowingly or intentionally acquire or obtain possession of a controlled substance by means of forgery, fraud, deception or subterfuge, including the forgery or falsification of a prescription or the nondisclosure of a material fact.  A person who violates this subsection is guilty of a class 4 felony.

F. Controlled substances, vehicles and items used or intended for use in violation of this chapter are subject to seizure and forfeiture in the manner provided in title 13, chapter 39.
A.R.S. § 36-2541 — Arizona Code / Title 36 / Chapter 27 / Article 5 / Section 2541
36-2541 Administrative inspections and warrants
Status: in_force

36-2541. Administrative inspections and warrants

A. Issuance and execution of administrative inspection warrants for purposes of this chapter shall be as follows:

1. A judge of a state court of record or any justice of the peace or magistrate within his jurisdiction and upon proper oath or affirmation showing probable cause may issue warrants for the purpose of conducting administrative inspections authorized by this chapter or rules adopted pursuant to this chapter and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of this chapter, or rules and regulations adopted pursuant to this chapter, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

2. A warrant shall issue only upon an affidavit of a peace officer or a member, officer or employee of the board having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, such judge or magistrate shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection and the type of property to be inspected, if any. The warrant shall:

(a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof.

(b) Be directed to a peace officer to execute it.

(c) Command the person to whom it is directed to inspect the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified.

(d) Identify the item or types of property to be seized, if any.

(e) Direct that it be served during normal business hours and designate the judge or magistrate to whom it shall be returned.

3. A warrant issued pursuant to this section shall be executed and returned within ten days of its date unless, upon a showing of a need for additional time, the court orders otherwise. If property is seized pursuant to a warrant, a copy shall be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken. The return of the warrant shall be made promptly, accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory shall be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

4. The judge or magistrate who has issued a warrant shall attach to such warrant a copy of the return and all papers returnable and file them with the clerk of the court in which the inspection was executed.

B. The board, its members, officers or employees and officers and employees of the department or other peace officers may make administrative inspections of controlled premises in accordance with the following provisions:

1. For purposes of this section only, "controlled premises" means:

(a) Places where persons registered or exempted from registration requirements under this chapter are required to keep records.

(b) Places including factories, warehouses, establishments and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance.

2. When executing an administrative inspection warrant issued pursuant to subsection A of this section a peace officer may be accompanied by a member, officer or employee of the board, and upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge they may enter controlled premises for the purpose of conducting an administrative inspection.

3. When authorized by an administrative inspection warrant, such officer or employee may:

(a) Inspect and copy records required by this chapter to be kept.

(b) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found in such premises and, except as provided in paragraph 5 of this subsection, all other things, including records, files, papers, processes, controls and facilities bearing on any violation of this chapter.

(c) Inventory any stock of any controlled substance and obtain samples of such substance.

4. This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

(a) If the owner, operator or agent in charge of the controlled premises consents.

(b) In situations presenting imminent danger to health or safety.

(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant.

(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking.

(e) In all other situations in which a warrant is not constitutionally required.

5. An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator or agent in charge of the controlled premises consents in writing.
A.R.S. § 36-897.07 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.07
36-897.07 Training program
Status: in_force

36-897.07. Training program

The director shall establish a training program to provide training for child care group homes and users of child care group home services, technical assistance materials for child care group homes and information to enhance consumer awareness.
A.R.S. § 36-301 — Arizona Code / Title 36 / Chapter 3 / Article 1 / Section 301
36-301 Definitions
Status: in_force

36-301. Definitions

In this chapter, unless the context otherwise requires:

1. "Administrative order" means a written decision issued by an administrative law judge or quasi-judicial entity.

2. "Amend" means to make a change, other than a correction, to a registered certificate by adding, deleting or substituting information on that certificate.

3. "Birth" or "live birth" means the complete expulsion or extraction of an unborn child from the child's mother, irrespective of the duration of the pregnancy, that shows evidence of life, with or without a cut umbilical cord or an attached placenta, such as breathing, heartbeat, umbilical cord pulsation or definite voluntary muscle movement after expulsion or extraction of the unborn child.

4. "Certificate" means a record that documents a birth or death.

5. "Certified copy" means a written reproduction of a registered certificate that a local registrar, a deputy local registrar or the state registrar has authenticated as a true and exact written reproduction of a registered certificate.

6. "Correction" means a change made to a registered certificate because of a typographical error, including misspelling and missing or transposed letters or numbers.

7. "Court order" means a written decision issued by:

(a) The superior court, an appellate court or the supreme court or an equivalent court in another state.

(b) A commissioner or judicial hearing officer of the superior court.

(c) A judge of a tribal court in this state.

8. "Current care" means that a health care provider has examined, treated or provided care for a person for a chronic or acute condition within eighteen months preceding that person's death. Current care does not include services provided in connection with a single event of emergency or urgent care.  For the purposes of this paragraph, "treated" includes prescribing medication.

9. "Custody" means legal authority to act on behalf of a child.

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

11. "Electronic" means technology that has electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or technology with similar capabilities.

12. "Evidentiary document" means written information used to prove the fact for which the document is presented.

13. "Family member" means:

(a) A person's spouse, natural or adopted offspring, father, mother, grandparent, grandchild to any degree, brother, sister, aunt, uncle or first or second cousin.

(b) The natural or adopted offspring, father, mother, grandparent, grandchild to any degree, brother, sister, aunt, uncle or first or second cousin of the person's spouse.

14. "Fetal death" means the cessation of life before the complete expulsion or extraction of an unborn child from the child's mother that is evidenced by the absence of breathing, heartbeat, umbilical cord pulsation or definite voluntary muscle movement after expulsion or extraction.

15. "Final disposition" means the interment, cremation, removal from this state or other disposition of human remains.

16. "Foundling" means:

(a) A newborn infant left with a safe haven provider pursuant to section 13-3623.01.

(b) A child whose father and mother cannot be determined.

17. "Funeral establishment" has the same meaning prescribed in section 32-1301.

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

19. "Health care provider" means:

(a) A physician licensed pursuant to title 32, chapter 13 or 17.

(b) A doctor of naturopathic medicine licensed pursuant to title 32, chapter 14.

(c) A midwife licensed pursuant to chapter 6, article 7 of this title.

(d) A nurse midwife certified pursuant to title 32, chapter 15.

(e) A nurse practitioner licensed and certified pursuant to title 32, chapter 15.

(f) A physician assistant licensed pursuant to title 32, chapter 25.

(g) A health care provider who is licensed or certified by another state or jurisdiction of the United States and who works in a federal health care facility.

20. "Human remains" means a lifeless human body or parts of a human body that permit a reasonable inference that death occurred.

21. "Issue" means:

(a) To provide a copy of a registered certificate.

(b) An action taken by a court of competent jurisdiction, administrative law judge or quasi-judicial entity.

22. "Legal age" means a person who is at least eighteen years of age or who is emancipated by a court order.

23. "Medical certification of death" means the opinion of the health care provider who signs the certificate of probable or presumed cause of death that complies with rules adopted by the state registrar of vital records and that is based on any of the following that is reasonably available:

(a) Personal examination.

(b) Medical history.

(c) Medical records.

(d) Other reasonable forms of evidence.

24. "Medical examiner" means a medical examiner or alternate medical examiner as defined in section 11-591.

25. "Name" means a designation that identifies a person, including a first name, middle name, last name or suffix.

26. "Natural causes" means those causes that are due solely or nearly entirely to disease or the aging process.

27. "Presumptive death" means a determination by a court that a death has occurred or is presumed to have occurred but the human remains have not been located or recovered.

28. "Register" means to assign an official state number and to incorporate into the state registrar's official records.

29. "Responsible person" means a person listed in section 36-831.

30. "Seal" means to bar from access.

31. "Submit" means to present, physically or electronically, a certificate, evidentiary document or form provided for in this chapter to a local registrar, a deputy local registrar or the state registrar.

32. "System of public health statistics" means the processes and procedures for:

(a) Tabulating, analyzing and publishing public health information derived from vital records data and other sources authorized pursuant to section 36-125.05 or section 36-132, subsection A, paragraph 3.

(b) Performing other activities related to public health information.

33. "System of vital records" means the statewide processes and procedures for:

(a) Electronically or physically collecting, creating, registering, maintaining, copying and preserving vital records.

(b) Preparing and issuing certified and noncertified copies of vital records.

(c) Performing other activities related to vital records.

34. "Unborn child" has the same meaning prescribed in section 36-2151.

35. "Vital record" means a registered birth certificate or a registered death certificate.
A.R.S. § 36-2158 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2158
36-2158 Informed consent; fetal condition; website; unprofessional conduct; civil relief; statute of limitations; definitions
Status: in_force

36-2158. Informed consent; fetal condition; website; unprofessional conduct; civil relief; statute of limitations; definitions

A. A person shall not perform or induce an abortion without first obtaining 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 all of the following occur:

1. In the case of a woman seeking an abortion of her unborn child diagnosed with a lethal fetal condition, at least twenty-four hours before the abortion the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person, that:

(a) Perinatal hospice services are available and the physician has offered this care as an alternative to abortion.

(b) The department of health services maintains a website that lists perinatal hospice programs that are available both in this state and nationally and that are organized geographically by location.

(c) The woman has a right to review the website and that a printed copy of the materials on the website will be provided to her free of charge if she chooses to review these materials.

2. In the case of a woman seeking an abortion of her unborn child diagnosed with a nonlethal fetal condition, at least twenty-four hours before the abortion the physician who is to perform the abortion or the referring physician has informed the woman, orally and in person:

(a) Of up-to-date, evidence-based information concerning the range of outcomes for individuals living with the diagnosed condition, including physical, developmental, educational and psychosocial outcomes.

(b) That the department of health services maintains a website that lists information regarding support services, hotlines, resource centers or clearinghouses, national and local peer support groups and other education and support programs available to assist the woman and her unborn child, any national or local registries of families willing to adopt newborns with the nonlethal fetal condition and contact information for adoption agencies willing to place newborns with the nonlethal fetal condition with families willing to adopt.

(c) That the woman has a right to review the website and that a printed copy of the materials on the website will be provided to her free of charge if she chooses to review these materials.

(d) That section 13-3603.02 prohibits abortion because of the unborn child's sex or race or because of a genetic abnormality.

3. The woman certifies in writing before the abortion that the information required to be provided pursuant to this subsection has been provided.

B. The department of health services shall establish and annually update a website that includes the information prescribed in subsection A, paragraph 1, subdivision (b) and paragraph 2, subdivision (b) of this section.

C. 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.

D. In addition to other remedies available under the common or statutory law of this state, any of the following individuals 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 the father was married to the mother at the time she received the abortion, unless the pregnancy resulted from the father's criminal conduct.

3. A maternal grandparent 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 maternal grandparent's criminal conduct.

E. A civil action filed pursuant to subsection D 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 this subsection includes 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 $5,000 or three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

F. A civil action brought pursuant to this section must be initiated within six years after the violation occurred.

G. For the purposes of this section:

1. "Lethal fetal condition" means a fetal condition that is diagnosed before birth and that will result, with reasonable certainty, in the death of the unborn child within three months after birth.

2. "Nonlethal fetal condition" means a fetal condition that is diagnosed before birth and that will not result in the death of the unborn child within three months after birth but may result in physical or mental disability or abnormality.

3. "Perinatal hospice" means comprehensive support to the pregnant woman and her family that includes supportive care from the time of diagnosis through the time of birth and death of the infant and through the postpartum period. Supportive care may include counseling and medical care by maternal-fetal medical specialists, obstetricians, neonatologists, anesthesia specialists, clergy, social workers and specialty nurses who are focused on alleviating fear and ensuring that the woman and her family experience the life and death of the child in a comfortable and supportive environment.
A.R.S. § 36-1942 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1942
36-1942 Commission for the deaf and the hard of hearing
Status: in_force

36-1942. Commission for the deaf and the hard of hearing

A. The commission for the deaf and the hard of hearing is established consisting of the following members appointed by the governor:

1. One member who is selected from the department of economic security.

2. One member who is selected from the Arizona state schools for the deaf and the blind at Tucson or the Phoenix day school for the deaf.

3. One member who is a dispensing clinical audiologist licensed pursuant to chapter 17 of this title.

4. One member who is a hearing aid dispenser licensed pursuant to chapter 17 of this title.

5. Four members who are deaf persons.

6. One member who is a licensed sign language interpreter.

7. One member who is a parent of a deaf person.

8. Four members who are hard of hearing.

B. Commission members serve three years and may be reappointed once. The governor may remove a commission member for cause.

C. The commission shall meet at least four times a year at the call of the chairman, who shall be selected by the commission from among its membership.

D. Members of the commission are not eligible to receive compensation but are eligible to receive reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 36-2910 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2910
36-2910 Notification to system of nonemergency services
Status: in_force

36-2910. Notification to system of nonemergency services

A. Except as otherwise specifically provided by this article, the system is financially responsible for only the costs of care provided by contractors to members.

B. For purposes of eligibility determination and enrollment in the system, the director may adopt rules to establish notification procedures for contractors and noncontracting providers of care provided to persons who may be eligible or who have been determined eligible. The director may condition payment for such services on the compliance of a contractor or noncontracting provider with the notification procedures.  The director may adopt rules that establish procedures and notices for the transfer of members between contractors and noncontracting providers as the transfer relates to the system.
A.R.S. § 36-674 — Arizona Code / Title 36 / Chapter 6 / Article 4.1 / Section 674
36-674 Providing proof of immunization
Status: in_force

36-674. Providing proof of immunization

A physician, local health department or school nurse administering an immunization shall furnish documentary proof of immunization to the person immunized or, if that person is a child, to the child's parent or guardian or the person in loco parentis of the child.
A.R.S. § 36-2103 — Arizona Code / Title 36 / Chapter 19 / Article 1 / Section 2103
36-2103 Functions of regional limited care dialysis centers; limitations
Status: in_force

36-2103. Functions of regional limited care dialysis centers; limitations

Each regional limited care dialysis center shall:

1. Provide dialysis treatment services and supplies for home dialysis treatment services and kidney transplants and related services.  Such services and supplies shall be provided only when funds from medical insurance, if any, of an individual patient are exhausted or insufficient to purchase such supplies or services.

2. Develop and utilize methods of dialysis designed to make the process more efficient and economical.

3. Seek the active participation of and consultation with industry in order to make equipment and procedures more efficient.
A.R.S. § 36-502 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 502
36-502 Powers and duties of the director of AHCCCS; rules; expenditure limitation; reporting requirements; definition
Status: in_force

36-502. Powers and duties of the director of AHCCCS; rules; expenditure limitation; reporting requirements; definition

A. The administration is responsible for monitoring, overseeing and evaluating its contractors and the contracted agencies providing services under this chapter to ensure that the services are provided in a timely, clinically effective and efficient manner. The administration and its contractors shall monitor the performance of an agency providing services pursuant to this chapter. The administration shall take corrective action, which may include technical assistance, and impose civil penalties pursuant to section 36-2918, if appropriate, suspension and termination of contracts, for agencies that the administration finds to not be in compliance with county, state and federal laws and rules or to not be performing the services in a timely, effective and efficient manner.

B. The director shall adopt rules that include standards for agencies other than the state hospital when providing services and shall prescribe forms as may be necessary for the proper administration and enforcement of this chapter. The rules shall be applicable to patients admitted to or treated in agencies, other than the state hospital, as set forth in this chapter and shall provide for periodic inspections of such agencies.

C. The director shall adopt rules, if necessary, and prescribe reporting requirements and standards for contractors and contracted agencies to collect, report and analyze information and data for the purpose of understanding the clinical effectiveness of services provided by the various agencies pursuant to this chapter. The administration shall analyze the information and data collected semiannually and shall report annually to the governor, the president of the senate and the speaker of the house of representatives beginning on or before December 31, 2025. For the purposes of this subsection, the information and data shall identify and measure clinical outcomes in the past year of members who have received a designation of serious mental illness, including all of the following:

1. The number of hospitalizations and rehospitalizations, the facilities where admissions occurred and the average length of stay by admitting diagnosis, for members for whom the administration or its contractor is the primary payor.

2. The number and percentage of members with a mental health disorder and co-occurring substance use disorder diagnosis who were admitted, discharged and subsequently readmitted to an inpatient psychiatric facility within the preceding year, for members for whom the administration or its contractor is the primary payor.

3. The number and percentage of members whose title XIX enrollment is placed in a no-pay status in a given year due to the member's incarceration status, stratified by the number of times enrollment is suspended.

4. The number of members for whom the administration or its contractor is notified of a release from incarceration and for whom the administration or its contractor conducts reach-in services.

5. The number of responses by the contracted crisis system that identify members with a serious mental illness designation, including:

(a) The number of crisis phone line calls received.

(b) The number of mobile teams dispatched.

(c) The number of members seen at psychiatric urgent care centers.

(d) The number of members with two or more distinct crisis system episodes.

6. The number of member deaths, the death rate and the cause of death in the preceding year.

7. The number of members who are homeless, unsheltered or inadequately housed and for what period of time, as identified through homeless management information system data or other available sources identified by the administration.

8. The number of title XIX members or non-title XIX grant-funded members, separately delineated, who are:

(a) Admitted to a behavioral health residential facility.

(b) Discharged from a behavioral health residential facility.

(c) For those members for whom the administration or its contractor is the primary payor, admitted to an inpatient psychiatric hospital within one year after discharge from the behavioral health residential facility.

9. The number and percentage of members who:

(a) Have received court-ordered treatment.

(b) Have requested and received the removal of a serious mental illness designation.

(c) Have received court-ordered treatment and are adherent to the court-ordered treatment.

(d) Did not receive a single behavioral health service.

10. The number of patients who have been discharged from the state hospital and admitted to a contracted psychiatric hospital within the preceding year.

11. The number of members who have been evaluated for a serious mental illness eligibility determination, the number of members whose eligibility determination resulted in receiving a serious mental illness designation and the number of members whose eligibility determination resulted in not receiving a serious mental illness designation.

12. The number of members who are also enrolled in medicare and when the member's medicare enrollment became known to the administration, separately reported by title XIX and non-title XIX members.

D. The director shall adopt rules concerning the admission of patients and the transfer of patients between mental health treatment agencies other than the state hospital. A patient undergoing court-ordered treatment may be transferred from one mental health treatment agency to another in accordance with the rules of the director, subject to the approval of the court.

E. The director may adopt rules concerning leaves, visits and absences of patients from evaluation agencies and mental health treatment agencies other than the state hospital.

F. The total amount of state monies that may be spent in any fiscal year by the administration for mental health services pursuant to this chapter may not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

G. The requirements of subsection C of this section shall be implemented not later than October 1, 2025. On or before December 31, 2024, the administration shall file an interim report with the governor, the president of the senate and the speaker of the house of representatives that describes the plan of the administration in completing the requirements of this section. On or before December 31, 2025, the administration shall file a report with the governor, the president of the senate and the speaker of the house of representatives confirming the implementation of the requirements of this section.

H. For the purposes of this section, "member" has the same meaning prescribed in section 36-2901.
A.R.S. § 36-2905.04 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905.04
36-2905.04 Eligibility by fraud; penalties; enforcement; classification
Status: in_force

36-2905.04. Eligibility by fraud; penalties; enforcement; classification

A. A person shall not provide or cause to be provided false or fraudulent information to the state as part of an application for the system under section 36-2901, paragraph 6, subdivision (a).

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

C. In addition to the requirements in state law, the medicaid fraud and abuse controls that are enacted under federal law apply to all persons eligible for the system and all contractors, noncontracting providers and subcontracted providers that provide services to persons who are eligible for the system.

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

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

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

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

H. The department and contractors, subcontracted providers and noncontracting providers shall cooperate with the administration to prevent, discover and prosecute eligibility fraud.

I. A person who knowingly aids or abets another person pursuant to section 13-301, 13-302 or 13-303 in the commission of an offense under this section or section 13-3713 is guilty of a class 5 felony.
A.R.S. § 36-3008 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3008
36-3008 Services for victims of domestic violence; personnel; fingerprinting; confidentiality; notification
Status: in_force

36-3008. Services for victims of domestic violence; personnel; fingerprinting; confidentiality; notification

A. Employees and volunteers of a domestic violence service provider shall have valid fingerprint clearance cards that are issued pursuant to title 41, chapter 12, article 3.1 or shall apply for a fingerprint clearance card within seven working days of employment or beginning volunteer work. Federally recognized Indian tribes or military bases may submit and the department shall accept certifications that state that employees of a domestic violence service provider who are employed by a domestic violence service provider and who provide services directly to victims of domestic violence have not been convicted of, have not admitted committing or are not awaiting trial on any offense under subsection B, paragraph 1 of this section.

B. Personnel shall certify on forms that are provided by the department and notarized that:

1. They are not awaiting trial on and have never been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.03, subsections B and C in this state or similar offenses in another state or jurisdiction.

2. They have not been denied a license to operate a facility that provides services for domestic violence victims in this state or another state or had a license to operate a facility that provides services for domestic violence victims revoked.

C. The notarized forms are confidential.

D. The domestic violence service provider shall make good faith efforts to contact previous employers to obtain information or recommendations that may be relevant to an individual's fitness to work for the provider.

E. A domestic violence service provider shall notify the department of public safety if the provider receives credible evidence that a person who possesses a fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection B of this section.
A.R.S. § 36-546 — Arizona Code / Title 36 / Chapter 5 / Article 7 / Section 546
36-546 Judicial review; right to be informed; request; jurisdiction
Status: in_force

36-546. Judicial review; right to be informed; request; jurisdiction

A. In addition to the procedure for applying for a writ of habeas corpus, as provided in title 13, chapter 38, article 26, a patient receiving court-ordered treatment or any person acting on the patient's behalf may request the patient's release pursuant to the following:

1. A request in writing may be presented to any member of the treatment staff of the agency providing the patient's treatment. The request may be made on a prescribed form that shall be prepared by the facility and made available for use by any person. The completed form shall identify:

(a) The patient being treated and the agency at which the patient is being treated.

(b) The person to whom the request for release was made.

(c) The person making the request for release, indicating whether the person is the patient being treated or someone acting on the person's behalf.

2. The request, when signed and dated by the person making the request for release, shall be delivered to the medical director of the agency.  Within three days of receipt of the request, the medical director shall deliver the form, along with a current psychiatric report of the patient's condition, to the clerk of the court. If the person presenting the request refuses to sign the form, the medical director of the agency shall proceed as if the form had been signed and shall note on the form the circumstances as to why the form was not signed.

B. The patient shall be informed of the patient's right to judicial review by the medical director of the agency and the patient's right to consult with counsel at least once each sixty days while the patient is undergoing court-ordered treatment. The notification required by this subsection shall be recorded in the clinical record of the patient by the individual who gave the notice.

C. With the exception of requests made pursuant to section 36-540, subsection E, paragraphs 5 and 6 and section 36-540.01, subsection K for judicial review, a request for judicial review may not be made sooner than sixty days after the issuance of the order for treatment or a hearing on a previous petition for habeas corpus or the issuance of the court order or other final resolution determining a previous request for judicial review by the patient.

D. Judicial review shall be in the superior court in the county in which the patient is being treated. That court may review the additional material presented and enter its order without necessity of further hearing.

E. The reviewing court may order a further hearing on the affidavit of the attorney for the patient setting forth the need for further evidentiary hearing and the reasons why the hearing is necessary before the time set for the release of the patient.

F. The patient shall be informed of the patient's right to consult an attorney by the person or court to whom the patient makes the request for release at the time the patient makes the request and, in the case of confinement in an agency, by the reviewing court within one day of its receipt of notice from the medical director of the agency where the patient is being treated. The patient shall be permitted to consult an attorney to assist in preparation of a petition for the writ of habeas corpus and to represent the patient in the hearing.  If the patient is not represented by an attorney, the reviewing court, within two days of its notice to the patient of the patient's right to counsel, shall appoint an attorney to assist the patient in the preparation of a petition and to represent the patient in the hearing.

G. The medical director of the mental health treatment agency, at least twenty-four hours before the hearing, shall provide the patient's attorney with a copy of the patient's medical records.

H. The patient's attorney shall fulfill all of the following minimal duties:

1. Within twenty-four hours of appointment, conduct an interview with the patient.

2. At least twenty-four hours before the hearing, interview the patient's treatment physician or psychiatric and mental health nurse practitioner if available.

3. Before the hearing, examine the clinical record of the patient.

4. Before the hearing, examine the patient's court records as to the patient's involuntary treatment.

I. An attorney who does not fulfill the duties prescribed by subsection H of this section is subject to contempt of court.
A.R.S. § 36-2987 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2987
36-2987 Reimbursement for the program
Status: in_force

36-2987. Reimbursement for the program

A. For inpatient hospital services, the administration shall reimburse the Indian health service or a tribal facility based on the reimbursement rates for the Indian health service as published annually in the federal register. For outpatient services, the administration shall reimburse the Indian health service or a tribal facility based on the capped fee-for-service schedule established by the director.  If Congress authorizes one hundred per cent pass-through of title XXI monies for services provided in an Indian health service facility or a tribal facility, the administration shall reimburse the Indian health service or the tribal facility with this enhanced federal funding based on the reimbursement rates for the Indian health service or the tribal facility as published annually in the federal register.

B. Contractors shall reimburse inpatient and outpatient services based on the reimbursement methodology established in section 36-2904 or the hospital reimbursement pilot program established by this state.

C. For services rendered on and after October 1, 1998, the administration and the contractors shall pay a hospital's rate established according to this section subject to the following:

1. If the hospital's bill is paid within thirty days after the date the bill was received, the administration shall pay ninety-nine per cent of the rate.

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

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

D. The administration and the contractors shall pay claims pursuant to the methodology, definitions and time frames specified for clean claims in section 36-2904, subsection G.

E. The director shall specify enrollment procedures, including notice to contractors of enrollment. The administration shall specify in contract when a person who has been determined eligible will be enrolled with a contractor and the date on which the contractor will be financially responsible for health and medical services to the person.

F. The director shall monitor any third party payment collections collected by contractors and noncontracting providers according to the same procedures specified for title XIX pursuant to section 36-2903.01, subsection J.

G. On oral or written notice from the member, or the member's parent or legal guardian, that the member, parent or legal guardian believes a claim should be covered by the program, a contractor or noncontracting provider shall not do either of the following unless the contractor or noncontracting provider has verified through the administration that the person is ineligible for the program, has not yet been determined eligible or, at the time services were rendered, was not eligible or enrolled in the program:

1. Charge, submit a claim to or demand or otherwise collect payment from a member or person who has been determined eligible.

2. Refer or report a member or person who has been determined eligible to a collection agency or credit reporting agency for the failure of the member or person who has been determined eligible to pay charges for covered services unless specifically authorized by this article or rules adopted pursuant to this article.

H. The administration may conduct postpayment review of all payments made by the administration and may recoup any monies erroneously paid. The director may adopt rules that specify procedures for conducting postpayment review. Contractors may conduct a postpayment review of all claims paid to providers and may recoup monies that are erroneously paid.

I. The director or the director's designee may employ and supervise personnel necessary to assist the director in performing the functions of the program.
A.R.S. § 36-628 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 628
36-628 Provision for care of persons afflicted with contagious disease; expenses
Status: in_force

36-628. Provision for care of persons afflicted with contagious disease; expenses

A. Local boards or health departments may employ physicians and other persons and provide such necessaries of life as they deem necessary for care of persons afflicted with contagious or infectious diseases.

B. Expenses incurred in carrying out the provisions of this article shall be audited and allowed by the board incurring them and be a charge against the county or city for which the board or department was acting.

C. Expenses incurred for the care, medical attendance or support of a sick person shall also be a charge upon such person and upon the person liable for his support if able to pay, and may be collected by the county or city incurring the expense. If a physician is called by a local board or department to attend a person infected with a contagious or infectious disease, it shall be a city or county charge.
A.R.S. § 36-1802 — Arizona Code / Title 36 / Chapter 16 / Article 1 / Section 1802
36-1802 Arizona nurse education investment pilot program; fund; use of monies
Status: in_force

36-1802. Arizona nurse education investment pilot program; fund; use of monies

(Rpld. 7/1/27)

A. The Arizona nurse education investment pilot program is established in the department to increase the capacity of nursing education programs in this state by fostering collaboration among this state's education and health care communities and the state and federal governments. Subject to available monies, the program shall address this state's nursing shortage by increasing the number of all levels of nurses graduating from this state's nursing education programs by the end of fiscal year 2026-2027 from the number graduating in fiscal year 2021-2022. The department may use legislative appropriations, private donations, grants and federal monies to implement, support, promote and maintain the program or to supplant monies appropriated from the state general fund. The department shall use all other funding sources before using any state general fund monies appropriated for this purpose.

B. The Arizona nurse education investment pilot program fund is established consisting of legislative appropriations and monies provided by any federal agency, entity or program for nursing education and workforce expansion. The department shall administer the fund. Monies in the fund are continuously appropriated and exempt from the provisions of section 35-190 relating to lapsing of appropriations. Any monies remaining in the fund on June 30, 2027 revert to the state general fund.

C. The department shall allocate fund monies to the Arizona board of regents and community college districts based on the number of nursing students graduating in fiscal year 2021-2022 from eligible education programs offered or overseen by the Arizona board of regents and the community college districts. Eligible education programs include programs for nursing assistants, licensed practical nurses, registered nurses and advanced practice nurses.

D. Monies allocated from the Arizona nurse education investment pilot program fund shall be used by the Arizona board of regents and the community college districts:

1. To pay for salaries, benefits, training and related expenses and operational costs necessary to increase the number of qualified nursing education faculty members teaching in nursing degree and certificate programs that are operated or overseen by the Arizona board of regents or the community college districts. The monies may be spent only for additional nursing education faculty members based on the number of faculty members who provided this education on June 30, 2021.

2. To supplement and not supplant monies that are appropriated by the legislature for each of fiscal years 2022-2023 through 2025-2026 based on the number of nursing education faculty members who provided this education and who were funded in fiscal year 2021-2022.

3. For capital expenses that are directly related to additional faculty and students, including student support services.

E. The Arizona board of regents shall establish a process, which may include a grant program, to annually distribute fund monies to the universities under its jurisdiction for use only as prescribed in this section.

F. The director shall award grants to community college districts for use only as prescribed in this section based on the recommendations from a statewide organization that represents community colleges.  The department shall establish an application form, process and procedure by which monies may be granted. The grants prescribed by this subsection are subject to the availability of monies and shall be distributed in a manner designed to increase the number of nurse graduates or students completing certificate programs by increasing available faculty and teaching resources in a manner that:

1. Provides for the efficient use of available monies and shared resources.

2. Distributes monies throughout geographic areas of this state and to underrepresented populations in the nursing workforce in this state.
A.R.S. § 36-558.01 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 558.01
36-558.01 Operation, support and supervision of child developmental homes and foster homes; duties of department
Status: in_force

36-558.01. Operation, support and supervision of child developmental homes and foster homes; duties of department

A. The department shall operate directly or support and supervise child developmental homes and foster homes licensed pursuant to title 8, chapter 4, article 4 to provide specialized foster care to persons with developmental disabilities. Such homes shall be operated for persons placed pursuant to sections 8-514.01 and 8-845 and for appropriate placements for persons for whom an application for residential services has been made to the department.

B. In furtherance of its responsibility pursuant to subsection A of this section, the department shall recruit, license and support such homes in accordance with this chapter, maintain regular supervision of such homes and such placements, conduct training programs for the staff of such homes and develop the program and service standards for persons with developmental disabilities to be placed in such homes.

C. Foster homes supported by the department shall be paid for each person with a developmental disability placed in the home an amount determined by the department based on the type of developmental disability and the consequent need for programs and services of each person so placed.
A.R.S. § 36-790 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 790
36-790 Privileges and immunities
Status: in_force

36-790. Privileges and immunities

A. The physician patient privilege does not prevent a person or health care provider from complying with the duty to report or provide personal information and medical information to the department or local health authority in accordance with this article.  The department and local health authorities shall maintain the confidentiality of the medical information and personal identifiers received.

B. A person or health care provider undertaking any activity required by this article, including reporting, participating in quarantine or isolation procedures, is immune from civil or criminal liability if the person or health care provider acted in good faith.  Actions required by this article are presumed to be in good faith.

C. The immunities prescribed in section 26-314 are applicable to sections 36-787, 36-788 and 36-789.
A.R.S. § 36-3411 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3411
36-3411 Behavioral health services; timely reimbursement; penalties
Status: in_force

36-3411. Behavioral health services; timely reimbursement; penalties

A. The administration shall ensure that behavioral health service providers are reimbursed within ninety days after the service provider submits a clean claim to a regional behavioral health authority.

B. Any contract issued by or on behalf of the administration for the provision of behavioral health services shall include language outlining provisions for penalties for noncompliance with contract requirements.

C. If the regional behavioral health authority does not reimburse a provider as required by this section, the director shall subject the regional behavioral health authority to the penalty provisions prescribed in the contract, which shall not exceed the interest charges prescribed in section 44-1201. The director shall impose any financial penalties levied on the regional behavioral health authority through a reduction in the amount of monies payable to the regional behavioral health authority for administrative expenses.

D. The ninety-day deadline imposed by this section is suspended while a formal grievance regarding the legitimacy of a claim is pending.

E. The administration or a regional behavioral health authority shall not pay claims for covered services that are initially submitted more than nine months after the date of the services for which payment is claimed or that are submitted as clean claims more than twelve months after the date of service for which payment is claimed. A person who is dissatisfied with the denial of a claim by the administration or by the regional behavioral health authority has twelve months from the date of the service for which payment is claimed to institute a grievance against the administration or regional behavioral health authority.

F. For claims paid by the administration, either directly or through a third-party payor, the director may impose a penalty on a regional behavioral health authority or a service provider who submits a claim to the administration for payment more than one time after the same claim had been previously denied by the administration without having attempted to address the reason given for the denial. The penalty imposed by the director shall not exceed the average cost incurred by the administration for processing a claim and shall be levied on the regional behavioral health authority or service provider through reducing any future payment or payments until the amount of the penalty has been paid.

G. This section does not apply to services provided by a hospital pursuant to section 36-2903.01, subsection G, or section 36-2904, subsection H or I.
A.R.S. § 36-664 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 664
36-664 Confidentiality; exceptions
Status: in_force

36-664. Confidentiality; exceptions

A. A person who obtains communicable disease related information in the course of providing a health service or obtains that information from a health care provider pursuant to an authorization shall not disclose or be compelled to disclose that information except as authorized by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E), or pursuant to the following:

1. The protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker.

2. A health care provider or first responder who has had an occupational significant exposure risk to the protected person's blood or bodily fluid if the health care provider or first responder provides a written request that documents the occurrence and information regarding the nature of the occupational significant exposure risk and the report is reviewed and confirmed by a health care provider who is both licensed pursuant to title 32, chapter 13, 14, 15 or 17 and competent to determine a significant exposure risk. A health care provider who releases communicable disease information pursuant to this paragraph shall provide education and counseling to the person who has had the occupational significant exposure risk.

3. The department or a local health department for purposes of notifying a Good Samaritan pursuant to subsection E of this section.

4. An agent or employee of a health facility or health care provider to provide health services to the protected person or the protected person's child or for billing or reimbursement for health services.

5. A health facility or health care provider, in relation to procuring, processing, distributing or using a human body or a human body part, including organs, tissues, eyes, bones, arteries, blood, semen, milk or other body fluids, for use in medical education, research or therapy or for transplantation to another person.

6. A health facility or health care provider, or an organization, committee or individual designated by the health facility or health care provider, that is engaged in the review of professional practices, including the review of the quality, utilization or necessity of medical care, or an accreditation or oversight review organization responsible for the review of professional practices at a health facility or by a health care provider.

7. A private entity that accredits the health facility or health care provider and with whom the health facility or health care provider has an agreement requiring the agency to protect the confidentiality of patient information.

8. A federal, state, county or local health officer if disclosure is mandated by federal or state law.

9. A federal, state or local government agency authorized by law to receive the information. The agency is authorized to redisclose the information only pursuant to this article or as otherwise allowed by law.

10. An authorized employee or agent of a federal, state or local government agency that supervises or monitors the health care provider or health facility or administers the program under which the health service is provided. An authorized employee or agent includes only an employee or agent who, in the ordinary course of business of the government agency, has access to records relating to the care or treatment of the protected person.

11. A person, health care provider or health facility to which disclosure is ordered by a court or administrative body pursuant to section 36-665.

12. The industrial commission of Arizona or parties to an industrial commission of Arizona claim pursuant to section 23-908, subsection D and section 23-1043.02.

13. Insurance entities pursuant to section 20-448.01 and third-party payors or the payors' contractors.

14. Any person or entity as authorized by the patient or the patient's health care decision maker.

15. A person or entity as required by federal law.

16. The legal representative of the entity holding the information in order to secure legal advice.

17. A person or entity for research only if the research is conducted pursuant to applicable federal or state laws and regulations governing research.

18. A person or entity that provides services to the patient's health care provider, as defined in section 12-2291, and with whom the health care provider has a business associate agreement that requires the person or entity to protect the confidentiality of patient information as required by the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 164, subpart E).

19. A county medical examiner or an alternate medical examiner directing an investigation into the circumstances surrounding a death pursuant to section 11-593.

B. At the request of the department of child safety or the department of economic security and in conjunction with the placement of children in foster care or for adoption or court-ordered placement, a health care provider shall disclose communicable disease information, including HIV-related information, to the department of child safety or the department of economic security.

C. A state, county or local health department or officer may disclose communicable disease related information if the disclosure is any of the following:

1. Specifically authorized or required by federal or state law.

2. Made pursuant to an authorization signed by the protected person or the protected person's health care decision maker.

3. Made to a contact of the protected person. The disclosure shall be made without identifying the protected person.

4. Made for the purposes of research as authorized by state and federal law.

5. Made to a nonprofit health information organization as defined in section 36-3801 that is designated by the department as this state's official health information exchange organization.

D. The director may authorize the release of information that identifies the protected person to the national center for health statistics of the United States public health service for the purposes of conducting a search of the national death index.

E. The department or a local health department shall disclose communicable disease related information to a Good Samaritan who submits a request to the department or the local health department.  The request shall document the occurrence of the accident, fire or other life-threatening emergency and shall include information regarding the nature of the significant exposure risk.  The department shall adopt rules that prescribe standards of significant exposure risk based on the best available medical evidence. The department shall adopt rules that establish procedures for processing requests from Good Samaritans pursuant to this subsection. The rules shall provide that the disclosure to the Good Samaritan not reveal the protected person's name and be accompanied by a written statement that warns the Good Samaritan that the confidentiality of the information is protected by state law.

F. An authorization to release communicable disease related information shall be signed by the protected person or, if the protected person lacks capacity to consent, the protected person's health care decision maker.  An authorization shall be dated and shall specify to whom disclosure is authorized, the purpose for disclosure and the time period during which the release is effective. A general authorization for the release of medical or other information, including communicable disease related information, is not an authorization for the release of HIV-related information unless the authorization specifically indicates its purpose as an authorization for the release of confidential HIV-related information and complies with the requirements of this section.

G. A person to whom communicable disease related information is disclosed pursuant to this section shall not disclose the information to another person except as authorized by this section. This subsection does not apply to the protected person or a protected person's health care decision maker.

H. This section does not prohibit the listing of communicable disease related information, including acquired immune deficiency syndrome, HIV-related illness or HIV infection, in a certificate of death, autopsy report or other related document that is prepared pursuant to law to document the cause of death or that is prepared to release a body to a funeral director.  This section does not modify a law or rule relating to access to death certificates, autopsy reports or other related documents.

I. If a person in possession of HIV-related information reasonably believes that an identifiable third party is at risk of HIV infection, that person may report that risk to the department. The report shall be in writing and include the name and address of the identifiable third party and the name and address of the person making the report. The department shall contact the person at risk pursuant to rules adopted by the department. The department employee making the initial contact shall have expertise in counseling persons who have been exposed to or tested positive for HIV or acquired immune deficiency syndrome.

J. Except as otherwise provided pursuant to this article or subject to an order or search warrant issued pursuant to section 36-665, a person who receives HIV-related information in the course of providing a health service or pursuant to a release of HIV-related information shall not disclose that information to another person or legal entity or be compelled by subpoena, order, search warrant or other judicial process to disclose that information to another person or legal entity.

K. This section and sections 36-666, 36-667 and 36-668 do not apply to persons or entities that are subject to regulation under title 20.
A.R.S. § 36-183.03 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 183.03
36-183.03 Maintaining unsanitary premises; violation; classification
Status: in_force

36-183.03. Maintaining unsanitary premises; violation; classification

A person who violates a published order or regulation of a county or maintains in an unsanitary condition premises located within the county and who refuses or fails to place the premises in a sanitary condition within three days after being ordered to do so by the director of a local health department, county environmental department or public health services district, the county sanitary officer or any county peace officer acting under the direction and authority of the director or who thereafter refuses or fails to maintain the premises in a sanitary condition is guilty of a class 3 misdemeanor if the person holds a valid permit under this article or a class 2 misdemeanor if the person does not hold a valid permit under this article.
A.R.S. § 36-798.02 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.02
36-798.02 Vending machine sales of tobacco and tobacco products; signage; violation; classification
Status: in_force

36-798.02. Vending machine sales of tobacco and tobacco products; signage; violation; classification

A. A person shall not sell tobacco products through a vending machine unless the vending machine is located in either:

1. A bar.

2. An employee lounge area that is not open to the public and the business in which the lounge area is located does not employ minors.

B. A sign measuring at least eighty square inches shall be obviously affixed to the front of each vending machine. The sign shall state in block letters that it is illegal for a person who is under twenty-one years of age to purchase cigarettes or tobacco products and, on conviction, a fine of up to $300 may be imposed.

C. This article does not invalidate an ordinance of or prohibit the adoption of an ordinance by a county, city or town to further restrict the location of vending machines or specify different wording for the vending machine signs as required by subsection B of this section.

D. A person who violates this section is guilty of a petty offense.
A.R.S. § 36-724 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 724
36-724 Voluntary control measures
Status: in_force

36-724. Voluntary control measures

If, as a result of an investigation or as a result of any report required by this article, the tuberculosis control officer or local health officer believes someone is an afflicted person, the tuberculosis control officer, local health officer or designee shall encourage the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian to accept or consent to voluntary control measures and voluntary treatment to meet the minimum requirements prescribed by the department.
A.R.S. § 36-117 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 117
36-117 Services for licensing agencies; costs
Status: in_force

36-117. Services for licensing agencies; costs

A. The department, at the discretion of the director, may contract to provide personal and other administrative services and facilities to the following health licensing agencies:

1. State dental board.

2. Arizona medical board.

3. State board of nursing.

4. State board of optometry.

5. Arizona board of osteopathic examiners in medicine and surgery.

6. State board of podiatry examiners.

7. Arizona state board of pharmacy.

8. Board of examiners of nursing care institution administrators.

B. The professional health licensing agency shall reimburse the department for the actual costs of services or the reasonable value of facilities provided to that agency.
A.R.S. § 36-516 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 516
36-516 Violation of person's rights
Status: in_force

36-516. Violation of person's rights

Any knowing violation of a person's rights under this article shall give him a cause of action for the greater of either one thousand dollars or three times the actual amount of damages. It is not a prerequisite to this action that the plaintiff suffer or be threatened with actual damages.
A.R.S. § 36-2062 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2062
36-2062 Licensure required; standards; administrative clearance from local jurisdiction; use of title
Status: in_force

36-2062. Licensure required; standards; administrative clearance from local jurisdiction; use of title

A. The director shall adopt rules to establish minimum standards and requirements for the licensure of sober living homes in this state necessary to ensure the public health, safety and welfare.  The director may use the current standards adopted by any recognized national organization approved by the department as guidelines in prescribing the minimum standards and requirements under this subsection.  The standards shall include:

1. A requirement that each sober living home develop policies and procedures to allow individuals who are on medication-assisted treatment to continue to receive this treatment while living in the sober living home.

2. Consistent and fair practices for drug and alcohol testing, including frequency, that promote the residents' recovery.

3. Policies and procedures to meet the requirement that the sober living home maintain an environment that promotes the recovery, health and safety of residents and the safety of the surrounding neighborhood and the community at large.

4. Policies and procedures for discharge planning of persons living in the sober living home that do not negatively impact the surrounding community, including policies and procedures to be implemented if the sober living home's license is suspended or revoked.

5. A good neighbor policy to address neighborhood concerns and complaints.

6. A requirement that the operator of each sober living home have available for emergency personnel an up-to-date list of current medications and medical conditions of each person living in the sober living home.

7. A policy that ensures residents are informed of all sober living home rules, residency requirements and resident agreements.

8. Policies and procedures for managing all monies received and spent by the sober living home in accordance with standard accounting practices, including monies received from residents of the sober living home.

9. A requirement that each sober living home post a statement of resident rights that includes the right to file a complaint about the sober living home or provider and information about how to file a complaint.

10. Policies that promote recovery by requiring residents to participate in treatment, self-help groups or other recovery supports.

11. Policies and procedures that require the sober living home to maintain an environment that is free from alcohol and illegal substances at all times and that require abstinence from alcohol and illicit drugs.

12. Procedures regarding the appropriate use and security of medication by a resident.

13. Policies regarding the maintenance of sober living homes, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes and rules applicable to comparable dwellings occupied by single families.

14. Policies and procedures that prohibit a sober living home owner, employee or administrator from requiring a resident to sign any document for the purpose of relinquishing the resident's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.

15. Policies and procedures for managing complaints about sober living homes.

16. Policies and procedures for notifying the department and a family member or other emergency contact designated by a resident under certain circumstances, including death, permanent or severe harm and overdose.

17. Policies and procedures for providing activities that promote independent living and life skills development.

18. Policies and procedures for providing activities directed primarily toward recovery from substance use disorders.

B. The licensure of a sober living home under this article is for one year.

C. To receive and maintain licensure, a sober living home must comply with all federal, state and local laws, including the Americans with disabilities act of 1990. The sober living home shall obtain and maintain current documentation from the local jurisdiction verifying compliance with all local zoning, building, fire and licensing ordinances and rules. The sober living home shall provide documentation to the department on request, in the application for an initial license and when requesting approval for any proposed change in the maximum number of residents or any construction of or modification to the sober living home.  The department shall identify on each license the maximum number of residents who are allowed to live in the sober living home, including any manager or other staff living on the premises.

D. A treatment facility that is licensed by the department to treat substance use disorders and that has one or more sober living homes on the same campus as the facility's program shall obtain licensure for each sober living home pursuant to this article.

E. A person shall not establish, conduct or maintain in this state a sober living home unless that person holds a current and valid license issued by the department. The license is valid only for the establishment, operation and maintenance of the sober living home.  The licensee shall not:

1. Imply by advertising or directory listing or otherwise imply that the licensee is authorized to perform services more specialized or of a higher degree of care than is authorized by this article and the adopted rules for sober living homes.

2. Transfer or assign the license.  A license is valid only for the premises occupied by the sober living home at the time of its issuance.
A.R.S. § 36-1487 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1487
36-1487 Cooperation by public bodies
Status: in_force

36-1487. Cooperation by public bodies

A. For the purpose of aiding in the planning, undertaking or carrying out of a redevelopment project located within the area in which it is authorized to act, any public body may, upon such terms, with or without consideration, as it determines:

1. Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or other rights or privileges therein to a municipality.

2. Incur the entire expense of any public improvements made by such public body in exercising the powers granted by this section.

3. Do any and all things necessary to aid or cooperate in the planning or carrying out of a redevelopment plan.

4. Lend, grant or contribute funds to a municipality.

5. Employ any funds belonging to such public body or within its control, including funds derived from the sale or furnishing of property, service or facilities to a municipality, in the purchase of the bonds or other obligations of a municipality issued pursuant to section 36-1481.

6. Enter into agreements, which may extend over any period, any provision or rule of law to the contrary notwithstanding, with a municipality respecting action to be taken by such public body pursuant to any of the powers granted by this article.

7. Where otherwise authorized to perform functions of a similar character:

(a) Cause parks, playgrounds, recreational, water, sewer or drainage facilities, or any other works to be furnished.

(b) Furnish, dedicate, close, vacate, pave, install, grade, regrade, plan or replan streets, roads, sidewalks, ways or other places.

(c) Plan or replan, zone or rezone any part of the public body or make exceptions from building regulations.

(d) Cause administrative and other services to be furnished to the municipality.

B. If at any time title to or possession of any redevelopment project is held by a public body or governmental agency other than the municipality which is authorized by law to engage in the undertaking, carrying out or administration of redevelopment projects, including any agency or instrumentality of the United States, the provisions of the agreements referred to in this section shall inure to the benefit of and may be enforced by such public body or governmental agency.

C. Any sale, conveyance, lease or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement or public bidding.
A.R.S. § 36-765.06 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.06
36-765.06 Certification not required
Status: in_force

36-765.06. Certification not required

This article does not require community health workers to be certified by the department in order to practice as a community health worker.
A.R.S. § 36-471 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 471
36-471 Persons authorized to collect human specimens or blood
Status: in_force

36-471. Persons authorized to collect human specimens or blood

A. Only a person authorized by law shall collect human bodily materials. Technical personnel of a laboratory may collect blood, remove stomach contents and collect material for smears and cultures or inject substances under the direction or on the written request of a licensed physician for examination by a licensed laboratory.

B. Paramedics, advanced emergency medical technicians or personnel who have written approval of the director may collect blood and collect material for smears and cultures under the direction or on the written request of a licensed physician.
A.R.S. § 36-783 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 783
36-783 Increased reporting during enhanced surveillance advisory
Status: in_force

36-783. Increased reporting during enhanced surveillance advisory

A. A health care provider or medical examiner shall report to the local health authority all cases of any illness, health condition or clinical syndrome specified in the enhanced surveillance advisory.  The report shall provide additional information designated in the enhanced surveillance advisory.

B. The state veterinarian, a veterinarian, a veterinarian laboratory professional or a wildlife professional shall report any case of animal illness or death due to the disease or other health condition designated in the enhanced surveillance advisory to the department or local health authority.  The report shall include the species and number of affected animals and the name and address of the reporting veterinarian, veterinarian laboratory professional or wildlife professional.

C. A pharmacist who identifies any unusual increase in prescriptions for antibiotics or any unusual increase in prescriptions or sales of over-the-counter pharmaceuticals to treat the illness, health condition or clinical syndrome identified in the enhanced surveillance advisory shall report this information to the local health authority.  The report shall include the type of pharmaceutical and the name and address of the pharmaceutical provider.

D. The reports must be in writing or by any method directed by the department or local public health authority and must be submitted within twenty-four hours after identifying the reportable circumstance.  All persons required to report under this section must cooperate with the department and local health authority in effecting the enhanced surveillance advisory. Failure to report pursuant to this section is an act of unprofessional conduct.

E. The department and local public health authority shall maintain as confidential:

1. Any information or a particular part of information provided under this section that, if made public, would divulge the trade secrets of a person or business.

2. Other information likely to cause substantial harm to the person's or business' competitive position.

F. The local health authority shall immediately notify the department of any reports received during the period of an enhanced surveillance advisory.
A.R.S. § 36-556 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 556
36-556 Coordination with department of health services; duties of department
Status: in_force

36-556. Coordination with department of health services; duties of department

The department of economic security shall coordinate with the department of health services in:

1. The development of specialized programs for persons with developmental disabilities at the state hospital.

2. Planning and providing residential care services and related child, adult and resource services for persons with developmental disabilities on their discharge from the state hospital, in accordance with section 36-560. The department of health services shall provide the department of economic security with notice fifteen days before discharge.
A.R.S. § 36-1476 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1476
36-1476 Slum clearance and redevelopment commission
Status: in_force

36-1476. Slum clearance and redevelopment commission

A. In addition to the other powers conferred by this article a municipality by resolution of its governing body may create a slum clearance and redevelopment commission, which shall be an agent of the municipality for the exercise of powers of the municipality under this article.

B. If the governing body of a municipality adopts a resolution as described in subsection A of this section, the mayor, by and with the advice and consent of the governing body, shall appoint a board of commissioners for the slum clearance and redevelopment commission, which shall consist of five commissioners. Three of the commissioners first appointed pursuant to this article shall be designated to serve for terms of one, two and three years respectively and two commissioners shall be appointed for four years each, from the date of their appointment. After the initial appointment of commissioners, members of the commission shall be appointed for a term of office of four years, except that all vacancies shall be filled for the unexpired term.

C. A commissioner is not eligible to receive compensation but is eligible to receive reimbursement of expenses. Each commissioner shall hold office until a successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the municipality and is conclusive evidence of the due and proper appointment.

D. The powers delegated by a municipality to a slum clearance and redevelopment commission shall be exercised by the commissioners. A majority of the commissioners constitutes a quorum for the purpose of conducting business and exercising the powers of the commission and for all other purposes.  Action may be taken by the commission upon a vote of a majority of the commissioners present.  Any person may be appointed as a commissioner if the person resides within the area of operation of the commission and is otherwise eligible under this article.

E. The mayor shall designate a chairman and vice-chairman from among the commissioners. A commission may be authorized by the local governing body to employ an executive director, technical experts and other officers, agents and employees, permanent and temporary, as it requires and to determine their qualifications, duties and compensation.  For legal services a commission may, with approval of the mayor, call upon the chief law officer of the municipality or it may be authorized by the local governing body to employ its own counsel and legal staff. A commission shall file a report of its activities with the local governing body periodically as the local governing body requires, but at least once a year, and shall make recommendations regarding additional legislation or other action that may be necessary to enable it to carry out the purposes of this article.

F. For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed by the mayor, but a commissioner shall be removed only after a hearing and after the commissioner has been given a copy of the charges at least ten days prior to the hearing and had an opportunity to be heard in person or by counsel.
A.R.S. § 36-1103 — Arizona Code / Title 36 / Chapter 9 / Article 4 / Section 1103
36-1103 Condemnation and disposal of misbranded articles
Status: in_force

36-1103. Condemnation and disposal of misbranded articles

A. All substances and containers which are misbranded as defined by this article shall, by order of the court, be condemned and ordered destroyed, sold or disposed of as the court directs.

B. Proceeds from such sale less the actual costs, charges and expenses of seizure, holding and sale, as fixed by the court, shall be paid to the county treasurer of the county in which the articles were seized, but no such articles shall be sold contrary to the laws of the state.

C. Upon payment of the costs and expenses fixed by the court and execution and delivery to the court by the owner of the articles of a bond in an amount and with sureties approved by the court, conditioned that the articles will not be unlawfully sold or otherwise disposed of, the court may by order direct that the substances and articles be redelivered to the owner.
A.R.S. § 36-2226.02 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2226.02
36-2226.02 Administration of epinephrine; immunity; definitions
Status: in_force

36-2226.02. Administration of epinephrine; immunity; definitions

A. A first responder who is trained in administering epinephrine injections may administer an epinephrine injection or epinephrine delivery system to a person who the first responder believes in good faith is experiencing anaphylaxis pursuant to a standing order issued by any of the following:

1. A physician licensed pursuant to title 32, chapter 13 or 17.

2. A naturopathic physician licensed pursuant to title 32, chapter 14.

3. A physician assistant licensed pursuant to title 32, chapter 25.

4. A nurse practitioner licensed pursuant to title 32, chapter 15 who is authorized by law to prescribe drugs.

B. The following individuals are immune from professional liability and criminal prosecution for any decision made, act or omission or injury that results from that act if the person acts with reasonable care and in good faith, except in cases of wanton or wilful neglect:

1. Physicians who are licensed pursuant to title 32, chapter 13 or 17 and who issue a standing order.

2. Naturopathic physicians who are licensed pursuant to title 32, chapter 14 and who issue a standing order.

3. Physician assistants who are licensed pursuant to title 32, chapter 25 and who issue a standing order.

4. Nurse practitioners who are licensed pursuant to title 32, chapter 15 and authorized by law to prescribe drugs and who issue a standing order.

5. First responders who administer epinephrine injections or epinephrine delivery systems pursuant to this section.

C. This section does not create a duty to act or standard of care for a first responder to administer an epinephrine injection or epinephrine delivery system.

D. For the purposes of this section:

1. "Ambulance attendant" means either of the following:

(a) An emergency medical technician, an advanced emergency medical technician, an emergency medical technician I-99 or a paramedic whose primary responsibility is the care of patients in an ambulance and who meets the standards and criteria adopted pursuant to section 36-2204.

(b) An emergency medical responder who is employed by an ambulance service operating under section 36-2202 and whose primary responsibility is the driving of an ambulance.

2. "First responder" means a law enforcement officer, a firefighter or an ambulance attendant.