A.R.S. § 36-693 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 693
36-693 Blood tests required; pregnant women; umbilical cord at delivery; definition
Status: in_force

36-693. Blood tests required; pregnant women; umbilical cord at delivery; definition

A. A physician shall at the time of the first prenatal examination, after a diagnosis of pregnancy, take or cause to be taken a sample of the blood of the woman and submit it to an approved laboratory for a standard serological test for syphilis. If the woman has not had a serological test prior to delivery, a sample of blood from the umbilical cord shall be taken at delivery for examination.

B. Any other person permitted by law to attend pregnant women but not permitted to take blood samples shall cause a sample of the blood of each pregnant woman attended by him to be taken under the direction of a duly licensed physician of medicine and surgery as required by subsection A. The physician shall have the sample submitted to an approved laboratory for a standard serological test for syphilis.

C. For the purpose of this section "standard serological test" means a test for syphilis approved by the director and made at a laboratory approved by the director to make such tests. A laboratory test required by this section shall be made by the state laboratory without charge.
A.R.S. § 36-2918.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2918.01
36-2918.01 Duty to report fraud or abuse; immunity
Status: in_force

36-2918.01. Duty to report fraud or abuse; immunity

A. All contractors, subcontracted providers of care and noncontracting providers shall notify the director or the director's designee immediately in a written report of any cases of suspected fraud or abuse.  The director shall review the report and conduct a preliminary investigation to determine if there is sufficient basis to warrant a full investigation.  If the findings of a preliminary investigation give the director reason to believe that an incident of fraud or abuse has occurred, the matter shall be referred to the attorney general.

B. Any person making a complaint or furnishing a report, information or records in good faith pursuant to this section is immune from any civil liability by reason of that action unless that person has been charged with or is suspected of the fraud or abuse reported.

C. Any contractor, subcontracted provider of care or noncontracting provider who fails to report pursuant to this section commits an act of unprofessional conduct and is subject to disciplinary action by the appropriate professional regulatory board or department.
A.R.S. § 36-2956 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2956
36-2956 Liens on damages for injuries; notification
Status: in_force

36-2956. Liens on damages for injuries; notification

A. The administration is entitled to a lien for the charges for hospital, medical or long-term care and treatment of an injured person for which the administration or a program contractor is responsible pursuant to this article, on any and all claims for damages accruing to the person to whom hospital or medical service is rendered, or to the legal representative of such person, on account of injuries giving rise to such claims and which necessitated such hospital or medical care and treatment.  Recovery of charges pursuant to this section shall be in a manner as nearly as possible the same as the procedures prescribed in sections 36-2915 and 36-2916.

B. The member or the member's legal representative must provide written notice to the administration within twenty calendar days after the commencement of a civil action or other proceeding to establish the liability of any third party or to collect monies payable from accident insurance, liability insurance, workers' compensation, health insurance, medical payment insurance, underinsured coverage, uninsured coverage or any other first or third party source.
A.R.S. § 36-495.03 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.03
36-495.03 License application; issuance; expiration
Status: in_force

36-495.03. License application; issuance; expiration

A. Unless exempted pursuant to section 36-495.02, a person who operates or maintains an environmental laboratory located in this state shall file an application with the department at least thirty days before the anticipated operation of a new laboratory for an environmental laboratory license accompanied by the license application fee established by this chapter. A person shall obtain a license for each laboratory, except that only one license is required for contiguous or coterminous laboratories under the same ownership. The director, by rule, shall prescribe when noncontiguous laboratories with the same owners may be operated under a single license.

B. The application shall be on a form prescribed and furnished by the department. The application shall be under oath and shall contain:

1. The name and location of the environmental laboratory.

2. The name of the person owning the facility and the name of the individual directing the laboratory.

3. A description of the services and tests provided by the environmental laboratory.

4. Other information the department deems necessary to carry out its powers and duties under this chapter.

C. The department shall issue a regular license to an applicant to operate an environmental laboratory to provide the services and tests described in the application if the department determines that the applicant is in compliance with the provisions of this chapter and rules adopted pursuant to this chapter.

D. If the owner is not the laboratory director, the director shall issue a license jointly to the owner and the laboratory director who are jointly responsible for the maintenance and operation of the laboratory and for violations of this chapter or rules adopted pursuant to this chapter.

E. A license issued by the department is valid only in the name of the persons to whom it is issued and cannot be sold, assigned or transferred. A license is valid only for the facility or facilities for which it is issued. If there is a change in the laboratory name, directorship or ownership or an appointment of an acting laboratory director, the license automatically expires, unless within twenty business days after the change the department is notified in writing of the change and an application for a new license is submitted to the department. A fee shall not be charged for this application. The director shall issue a new license reflecting the change if the laboratory is still in compliance with the provisions of this chapter and rules adopted pursuant to this chapter.

F. A regular license expires one year after the date of issuance and shall be renewed on submission of a renewal application and payment of the renewal application fee prescribed in section 36-495.06, at least thirty days before expiration of the license, unless the director determines pursuant to section 36-495.09 that grounds exist to deny the application.
A.R.S. § 36-1624 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1624
36-1624 Maintenance
Status: in_force

36-1624. Maintenance

All gas appliances and vents and flues with which they are connected shall be maintained in good repair by the owner of the premises unless there is a specific agreement to the contrary between the owner and the occupant, and the gas distributor as such shall not be responsible for injuries or damage resulting from the defective condition of any piping or appliance not owned or controlled by it.
A.R.S. § 36-422 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 422
36-422 Application for license; notification of proposed change in status; joint licenses; definitions
Status: in_force

36-422. Application for license; notification of proposed change in status; joint licenses; definitions

A. A person who wishes to apply for a license to operate a health care institution pursuant to this chapter shall submit to the department all of the following:

1. An application on a written or electronic form that is prescribed, prepared and furnished by the department and that contains all of the following:

(a) The name and location of the health care institution.

(b) Whether the health care institution is to be operated as a proprietary or nonproprietary institution.

(c) The name of the governing authority. The applicant shall be the governing authority having the operative ownership of, or the governmental agency charged with the administration of, the health care institution sought to be licensed. If the applicant is a partnership that is not a limited partnership, the partners shall apply jointly, and the partners are jointly the governing authority for purposes of this article.

(d) The name and business or residential address of each controlling person and an affirmation that none of the controlling persons has been denied a license or certificate by a health profession regulatory board pursuant to title 32 or by a state agency pursuant to chapter 6, article 7 or chapter 17 of this title or a license to operate a health care institution in this state or another state or has had a license or certificate issued by a health profession regulatory board pursuant to title 32 or issued by a state agency pursuant to chapter 6, article 7 or chapter 17 of this title or a license to operate a health care institution revoked.  If a controlling person has been denied a license or certificate by a health profession regulatory board pursuant to title 32 or by a state agency pursuant to chapter 6, article 7 or chapter 17 of this title or a license to operate a health care institution in this state or another state or has had a health care professional license or a license to operate a health care institution revoked, the controlling person shall include in the application a comprehensive description of the circumstances for the denial or the revocation.

(e) The class or subclass of health care institution to be established or operated.

(f) The types and extent of the health care services to be provided, including emergency services, community health services and services to indigent patients.

(g) The name and qualifications of the chief administrative officer implementing direction in that specific health care institution.

(h) Other pertinent information required by the department for the proper administration of this chapter and department rules.

2. The attestation required by section 36-421, subsection A.

3. The applicable application fee.

B. An application submitted pursuant to this section shall contain the written or electronic signature of:

1. If the applicant is an individual, the owner of the health care institution.

2. If the applicant is a partnership, limited liability company or corporation, two of the officers of the corporation or managing members of the partnership or limited liability company or the sole member of the limited liability company if it has only one member.

3. If the applicant is a governmental unit, the head of the governmental unit.

C. An application for licensure shall be submitted at least sixty but not more than one hundred twenty days before the anticipated date of operation. An application for a substantial compliance survey submitted pursuant to section 36-425, subsection G shall be submitted at least thirty days before the date on which the substantial compliance survey is requested.

D. If a current licensee intends to terminate the operation of a licensed health care institution or if a change of ownership is planned, the current licensee shall notify the director in writing at least thirty days before the termination of operation or change in ownership is to take place. The current licensee is responsible for preventing any interruption of services required to sustain the life, health and safety of the patients or residents. A new owner shall not begin operating the health care institution until the director issues a license to the new owner.

E. A licensed health care institution for which operations have not been terminated for more than thirty days may be relicensed pursuant to the codes and standards for architectural plans and specifications that were applicable under its most recent license.

F. If a person operates a hospital in a county with a population of more than five hundred thousand persons in a setting that includes satellite facilities of the hospital that are located separately from the main hospital building, the department at the request of the applicant or licensee shall issue a single group license to the hospital and its designated satellite facilities located within one-half mile of the main hospital building if all of the facilities meet or exceed department licensure requirements for the designated facilities. At the request of the applicant or licensee, the department shall also issue a single group license that includes the hospital and its designated satellite facilities that are located farther than one-half mile from the main hospital building if all of these facilities meet or exceed applicable department licensure requirements. Each facility included under a single group license is subject to the department's licensure requirements that are applicable to that category of facility.  Subject to compliance with applicable licensure or accreditation requirements, the department shall reissue individual licenses for the facility of a hospital located in separate buildings from the main hospital building when requested by the hospital.  This subsection does not apply to nursing care institutions and residential care institutions. The department is not limited in conducting inspections of an accredited health care institution to ensure that the institution meets department licensure requirements. If a person operates a hospital in a county with a population of five hundred thousand persons or less in a setting that includes satellite facilities of the hospital that are located separately from the main hospital building, the department at the request of the applicant or licensee shall issue a single group license to the hospital and its designated satellite facilities located within thirty-five miles of the main hospital building if all of the facilities meet or exceed department licensure requirements for the designated facilities.  At the request of the applicant or licensee, the department shall also issue a single group license that includes the hospital and its designated satellite facilities that are located farther than thirty-five miles from the main hospital building if all of these facilities meet or exceed applicable department licensure requirements.

G. If a county with a population of more than one million persons or a special health care district in a county with a population of more than one million persons operates an accredited hospital that includes the hospital's accredited facilities that are located separately from the main hospital building and the accrediting body's standards as applied to all facilities meet or exceed the department's licensure requirements, the department shall issue a single license to the hospital and its facilities if requested to do so by the hospital. If a hospital complies with applicable licensure or accreditation requirements, the department shall reissue individual licenses for each hospital facility that is located in a separate building from the main hospital building if requested to do so by the hospital. This subsection does not limit the department's duty to inspect a health care institution to determine its compliance with department licensure standards. This subsection does not apply to nursing care institutions and residential care institutions.

H. An applicant or licensee must notify the department within thirty days after any change regarding a controlling person and provide the information and affirmation required pursuant to subsection A, paragraph 1, subdivision (d) of this section.

I. A behavioral health residential facility that provides services to children must notify the department within thirty days after the facility begins contracting exclusively with the federal government, receives only federal monies and does not contract with this state.

J. This section does not limit the application of federal laws and regulations to an applicant or licensee that is certified as a medicare or an Arizona health care cost containment system provider under federal law.

K. Except for an outpatient treatment center that provides dialysis services or abortion procedures or that is exempt from licensure pursuant to section 36-402, subsection A, paragraph 12, a person wishing to begin operating an outpatient treatment center before a licensing inspection is completed shall submit all of the following:

1. The license application required pursuant to this section.

2. All applicable application and license fees.

3. A written request for a temporary license that includes:

(a) The anticipated date of operation.

(b) An attestation signed by the applicant that the applicant and the facility comply with and will continue to comply with the applicable licensing statutes and rules.

L. Within seven days after the department's receipt of the items required in subsection K of this section, but not before the anticipated operation date submitted pursuant to subsection C of this section, the department shall issue a temporary license that includes:

1. The name of the facility.

2. The name of the licensee.

3. The facility's class or subclass.

4. The temporary license's effective date.

5. The location of the licensed premises.

M. A facility may begin operating on the effective date of the temporary license.

N. The director may cease the issuance of temporary licenses at any time if the director believes that public health and safety is endangered.

O. An outpatient treatment center that is exempt from licensure pursuant to section 36-402, subsection A, paragraph 12 is subject to reasonable inspection by the department if the director has reasonable cause to believe that patient harm is or may be occurring at that outpatient treatment center.  A substantiated complaint that harm is occurring at an exempt outpatient treatment center is a violation of this chapter against the license of the hospital listed in the notice required by section 36-402, subsection A, paragraph 12.

P. Each hospital that is licensed pursuant to this chapter shall provide to and maintain with the department a current list of exempt outpatient treatment centers that have the same direct owner or indirect owner as the hospital.

Q. For the purposes of this section:

1. "Accredited" means accredited by a nationally recognized accreditation organization.

2. "Satellite facility" means an outpatient facility at which the hospital provides outpatient medical services.
A.R.S. § 36-912 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 912
36-912 Prosecution
Status: in_force

36-912. Prosecution

The attorney general or the county attorney of the county in which the violation occurs to whom the director reports any violation of this article shall cause appropriate proceedings to be instituted in the proper court. Before any violation of this article is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director or his designated agent, either orally or in writing, in person or by attorney, with regard to such contemplated proceeding.
A.R.S. § 36-439 — Arizona Code / Title 36 / Chapter 4 / Article 3.1 / Section 439
36-439 Definitions
Status: in_force

36-439. Definitions

In this article, unless the context otherwise requires:

1. "Associated licensed provider" means one or more licensed outpatient treatment centers or exempt outpatient treatment centers or one or more licensed counseling facilities that share common areas pursuant to a written agreement with a collaborating outpatient treatment center and that are liable and responsible for the treatment areas that are used by the respective associated licensed provider pursuant to written policies.

2. "Collaborating outpatient treatment center" means a licensed outpatient treatment center or an exempt outpatient treatment center that has a written agreement with one or more outpatient treatment centers or exempt health care providers or licensed counseling facilities that requires the collaborating outpatient treatment center to be liable and responsible pursuant to written policies for all common areas that one or more colocators use.

3. "Colocator" means an exempt health care provider, an exempt outpatient treatment center or a governing authority operating as an outpatient treatment center or a licensed counseling facility that may share common areas and nontreatment personnel with another colocator pursuant to an agreement as prescribed in this article.

4. "Common areas":

(a) Means the licensed public or nonpublic portions of outpatient treatment center premises that are not used for treatment and that are shared by one or more licensees or exempt health care providers.

(b) Includes hallways, entrances, elevators, staircases, restrooms, reception areas, conference areas, employee break rooms, records retention areas and other nontreatment areas of an outpatient treatment center.

5. "Emergency health care services" means treatment for a medical or behavioral health condition, including labor and delivery, that manifests itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in any of the following:

(a) Placing the patient's health, including mental health, in serious jeopardy.

(b) Serious impairment to a bodily function of the patient.

(c) Serious dysfunction of any bodily organ or part of the patient.

(d) Harm to the patient or others.

6. "Exempt health care provider" means a health care provider who is licensed pursuant to title 32, who holds an active license and whose private office or clinic is exempt from licensure pursuant to section 36-402, subsection A, paragraph 3.

7. "Exempt outpatient treatment center" means a facility with the same direct owner or indirect owner as a hospital that is licensed pursuant to this chapter, that does not have inpatient beds, that provides physical health services or behavioral health services for the diagnosis and treatment of patients and that is exempt from licensure pursuant to section 36-402, subsection A, paragraph 12.

8. "Nontreatment personnel" means employees, agents, students, interns or independent contractors who provide services to an outpatient treatment center colocator that do not entail medical, nursing or behavioral health assessment or treatment.

9. "Treatment areas" means portions of licensed outpatient treatment center premises that are used for the provision of health care assessment and treatment of patients.
A.R.S. § 36-3903 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3903
36-3903 License fee
Status: in_force

36-3903. License fee

A. The fee for a children's camp license issued by the department of health services shall be one hundred dollars for the first license and twenty-five dollars for each renewal of the license thereafter.  All funds collected from this source shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

B. A county to which the department of health services has delegated powers and duties pursuant to section 36-3915 may charge and collect a license fee. A county shall not charge a fee in excess of the cost of providing the service for which the fee is charged. The county shall transmit fees collected pursuant to this subsection to the county treasurer.
A.R.S. § 36-519 — Arizona Code / Title 36 / Chapter 5 / Article 3 / Section 519
36-519 Discharge of voluntary patients
Status: in_force

36-519. Discharge of voluntary patients

A. The medical director of the agency shall discharge any patient admitted voluntarily who has recovered or who is no longer benefiting from the evaluation, care or treatment available, except as provided in subsection B of this section.

B. Upon written request by a patient admitted pursuant to section 36-518, subsection A or by the parent, guardian or custodian of a patient admitted pursuant to section 36-518, subsection C, the patient shall be given a discharge within twenty-four hours after the request, excluding weekends or holidays unless the medical director of the agency has proceeded pursuant to section 36-531, subsections B and C and section 36-533. The costs of such proceedings shall be a charge against the county of the patient's residence.

C. If the medical director of the agency finds that a patient admitted voluntarily is a person with a grave disability and requires the service of a guardian or conservator or both for the protection of health and property, he shall proceed pursuant to section 36-531, subsections B and C and section 36-533 unless it is appropriate to discharge the patient to suitable alternative arrangements for care, treatment and protection.
A.R.S. § 36-425.01 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.01
36-425.01 Home health agencies; licensure; definition
Status: in_force

36-425.01. Home health agencies; licensure; definition

A. The department by rule shall license home health agencies. The department shall prescribe a licensure period that does not exceed two years.

B. In lieu of a state licensure survey, the department shall issue a license to a home health agency that submits an application prescribed by the department and that meets the following requirements:

1. Is certified as a home health agency by medicare.

2. Is licensed by the department for at least one year.

3. Meets all department licensure requirements.

C. The department shall retain full authority over licensed home health agencies to ensure that licensure requirements are maintained.

D. For the purposes of this section, "home health agency" has the same meaning as prescribed in section 36-151.
A.R.S. § 36-862 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 862
36-862 Uniformity of application and construction
Status: in_force

36-862. Uniformity of application and construction

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
A.R.S. § 36-1622 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1622
36-1622 Approval and installation
Status: in_force

36-1622. Approval and installation

Any gas appliances installed or placed in tourist courts, camps, hotels and lodging houses after June 26, 1952 shall bear the seal of approval of the American gas association and shall be installed in accordance with the manufacturer's recommendations applicable to the appliance.
A.R.S. § 36-3901 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3901
36-3901 Definition
Status: in_force

36-3901. Definition

A. "Children's camp" means any land with permanent buildings, tents or other structures established or maintained as living quarters where both food and lodging or the facilities therefor are provided for minors, operated continuously for a period of five days or more each year for religious, recreational or vacation purposes, and the use of the camp is offered either free of charge or for payment of a fee.

B. The term "children's camp" shall not include any camps owned or leased for individual or family use, penal or correctional camps, or places operated solely for the education, care or treatment of children.
A.R.S. § 36-3701 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3701
36-3701 Definitions
Status: in_force

36-3701. Definitions

In this article, unless the context otherwise requires:

1. "Agency" means any agency that is authorized to direct the release of a person who is serving a sentence or term of confinement or who is receiving treatment, including a state or federal prison, a county jail and the Arizona state hospital or other mental health treatment agency.

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

(a) Familiar with the state's sexually violent persons statutes and sexual offender treatment programs available in this state.

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

3. "Conviction" includes a finding of guilt at any time for a sexually violent offense or an order of the juvenile court adjudicating the person delinquent for any sexually violent offense.

4. "Less restrictive alternative" means court ordered treatment in a setting that is less restrictive than total confinement and that is conducted in a setting approved by the superintendent of the state hospital.

5. "Mental disorder" means a paraphilia, personality disorder or conduct disorder or any combination of paraphilia, personality disorder and conduct disorder that predisposes a person to commit sexual acts to such a degree as to render the person a danger to the health and safety of others.

6. "Sexually violent offense" means any of the following:

(a) Indecent exposure to a person who is under fifteen years of age pursuant to section 13-1402, public sexual indecency to a minor pursuant to section 13-1403, sexual conduct with a minor pursuant to section 13-1405, sexual assault pursuant to section 13-1406, molestation of a child pursuant to section 13-1410, continuous sexual abuse of a child pursuant to section 13-1417 or sexual assault of a spouse if the offense was committed before August 12, 2005.

(b) Second degree murder pursuant to section 13-1104, first degree murder pursuant to section 13-1105, assault pursuant to section 13-1203, aggravated assault pursuant to section 13-1204, unlawful imprisonment pursuant to section 13-1303, kidnapping pursuant to section 13-1304 or burglary in the first degree pursuant to section 13-1508 if the court at the time of sentencing or civil commitment proceedings determines beyond a reasonable doubt that the act was sexually motivated pursuant to section 13-118.

(c) An attempt, a solicitation, a facilitation or a conspiracy to commit an offense listed in subdivision (a) or (b) of this paragraph.

(d) An act committed in another jurisdiction that if committed in this state would be a sexually violent offense listed in subdivision (a), (b) or (c) of this paragraph.

(e) A conviction for a felony offense that was in effect before September 1, 1978 and that if committed on or after September 1, 1978 would be comparable to a sexually violent offense listed in subdivision (a) or (b) of this paragraph.

7. "Sexually violent person" means a person to whom both of the following apply:

(a) Has ever been convicted of or found guilty but insane of a sexually violent offense or was charged with a sexually violent offense and was determined incompetent to stand trial.

(b) Has a mental disorder that makes the person likely to engage in acts of sexual violence.
A.R.S. § 36-510 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 510
36-510 Patient's compensation for work
Status: in_force

36-510. Patient's compensation for work

If a patient of a mental health treatment agency works, this work shall be in the patient's interest. If the primary purpose of this work is to benefit the mental health treatment agency or any agency of the state, the patient shall be employed and paid in accordance with law. If the purpose of the work is therapeutic, the patient may or may not be paid as circumstances indicate. This therapeutic work shall be part of a planned program of treatment described in the patient's record with the rationale for the work-treatment included. It shall be periodically reviewed by the appropriate agency review procedures. The term "work" does not mean matters of personal housekeeping or personal maintenance.
A.R.S. § 36-3224 — Arizona Code / Title 36 / Chapter 32 / Article 2 / Section 3224
36-3224 Sample health care power of attorney
Status: in_force

36-3224. Sample health care power of attorney

Any writing that meets the requirements of section 36-3221 may be used to create a health care power of attorney.  The following form is offered as a sample only and does not prevent a person from using other language or another form:

1.  Health Care Power of Attorney

I, ___________________________________, as principal, designate ______________________ as my agent for all matters relating to my health care, including, without limitation, full power to give or refuse consent to all medical, surgical, hospital and related health care.  This power of attorney is effective on my inability to make or communicate health care decisions.  All of my agent's actions under this power during any period when I am unable to make or communicate health care decisions or when there is uncertainty whether I am dead or alive have the same effect on my heirs, devisees and personal representatives as if I were alive, competent and acting for myself.

If my agent is unwilling or unable to serve or continue to serve, I hereby appoint ____________________ as my agent.

I have _____ I have not _____ completed and attached a living will for purposes of providing specific direction to my agent in situations that may occur during any period when I am unable to make or communicate health care decisions or after my death.  My agent is directed to implement those choices I have initialed in the living will.

I have _____ I have not _____ completed a prehospital medical care directive pursuant to section 36-3251, Arizona Revised Statutes.

This health care directive is made under section 36-3221, Arizona Revised Statutes, and continues in effect for all who may rely on it except those to whom I have given notice of its revocation.

______________________________

Signature of Principal

Witness:  _____________________   Date:  _____________________

_______________________________   Time:  _____________________

Address: _____________________   ____________________________

_______________________________   ____________________________

Address of Agent

Witness:  _____________________   ____________________________

_______________________________     Telephone of Agent

Address: _____________________

_______________________________

(Note:  This document may be notarized instead of being witnessed.)

2. Autopsy (under Arizona law an autopsy may be required)

If you wish to do so, reflect your desires below:

_______ 1. I do not consent to an autopsy.

_______ 2. I consent to an autopsy.

_______ 3. My agent may give consent to or refuse an autopsy.

3.  Organ Donation (Optional)

(Under Arizona law, you may make a gift of all or part of your body to a bank or storage facility or a hospital, physician or medical or dental school for transplantation, therapy, medical or dental evaluation or research or for the advancement of medical or dental science.  You may also authorize your agent to do so or a member of your family may make a gift unless you give them notice that you do not want a gift made.  In the space below you may make a gift yourself or state that you do not want to make a gift.  If you do not complete this section, your agent will have the authority to make a gift of a part of your body pursuant to law.  Note: The donation elections you make in this health care power of attorney survive your death.)

If any of the statements below reflects your desire, initial on the line next to that statement.  You do not have to initial any of the statements.

If you do not check any of the statements, your agent and your family will have the authority to make a gift of all or part of your body under Arizona law.

_______ I do not want to make an organ or tissue donation and I do not want my agent or family to do so.

_______ I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution: ___________________________________

_______ Pursuant to Arizona law, I hereby give, effective on my death:

[]  Any needed organ or parts.

[]  The following part or organs listed:

_____________________________________________________

_____________________________________________________

_____________________________________________________

for (check one):

[]  Any legally authorized purpose.

[]  Transplant or therapeutic purposes only.

4. Physician Affidavit (Optional)

(Before initialing any choices above you may wish to ask questions of your physician regarding a particular treatment alternative.  If you do speak with your physician it is a good idea to ask your physician to complete this affidavit and keep a copy for his file.)

I, Dr. ___________________________ have reviewed this guidance document and have discussed with _______________ any questions regarding the probable medical consequences of the treatment choices provided above.  This discussion with the principal occurred on _________________.

(date)

I have agreed to comply with the provisions of this directive.

___________________________

Signature of Physician

5. Living Will (Optional. Section 36-3262, Arizona Revised Statutes, has a sample living will.)

6. Funeral and Burial Disposition (Optional)

My agent has authority to carry out all matters relating to my funeral and burial disposition wishes in accordance with this power of attorney, which is effective upon my death.

My wishes are reflected below:

_______ Upon my death, I direct my body to be buried. (as opposed to cremated)

_______ Upon my death, I direct my body to be buried in ___________________________________________________. (Optional directive)

_______ Upon my death, I direct my body to be cremated.

_______ Upon my death, I direct my body to be cremated, with my ashes to be_______________________________________. (Optional directive)

_______ My agent may make all funeral and burial disposition decisions. (Optional directive)
A.R.S. § 36-123.02 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 123.02
36-123.02 Alzheimer's disease research fund; exemption
Status: in_force

36-123.02. Alzheimer's disease research fund; exemption

A. The Alzheimer's disease research fund is established consisting of monies received pursuant to section 28-2463. The director shall administer the fund.  The first $32,000 received shall be reimbursed to the person who pays the implementation fee pursuant to section 28-2463. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated.  The director shall annually distribute monies in the fund.

B. The director shall annually allocate monies from the fund, excluding administrative fees, to a charitable organization that is qualified under section 501(c)(3) of the United States internal revenue code for federal income tax purposes and that meets all of the following:

1. Is headquartered in this state.

2. Has been operating in this state for at least ten years.

3. Has participating member institutions that work together to end Alzheimer's disease by using their complementary strengths in brain imaging, computer science, genomics, basic and cognitive neurosciences and clinical and neuropathology research within a statewide collaborative model.

4. Has member institutions that educate residents of this state about Alzheimer's disease, research progress and resources needed to help patients, families and professionals manage the disease.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-1701 — Arizona Code / Title 36 / Chapter 14 / Article 1 / Section 1701
36-1701 Definitions
Status: in_force

36-1701. Definitions

In this article, unless the context otherwise requires:

1. "Clinical investigation" means activity conducted for the purpose of developing, refining or training in the process of in vitro fertilization for the treatment of human infertility, including experiments, investigations, clinical trials, and the development of new technology.   Clinical investigation does not include human somatic cell nuclear transfer.

2. "Egg" means an oocyte or egg cell of a human female.

3. "Egg donor" means a woman who provides or agrees to provide her eggs for purposes other than her own impregnation with those eggs.

4. "Human somatic cell nuclear transfer" has the same meaning prescribed in section 35-196.04.

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

6. "Purchase" includes providing any cash, in-kind payment or other valuable financial or nonfinancial consideration.
A.R.S. § 36-1691 — Arizona Code / Title 36 / Chapter 13 / Article 8 / Section 1691
36-1691 Definitions
Status: in_force

36-1691. Definitions

In this article, unless the context otherwise requires:

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

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

3. "Risk assessment" means a procedure that produces a quantitative or qualitative estimate of public health risks from an environmental exposure.
A.R.S. § 36-758 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 758
36-758 Fees
Status: in_force

36-758. Fees

The director, by rule, shall establish and collect nonrefundable fees that do not exceed:

1. Twenty-five dollars for an initial application.

2. Fifty dollars for an initial license.

3. Two hundred fifty dollars for testing.

4. Fifty dollars for license renewal.

5. Ten dollars for a duplicate license.
A.R.S. § 36-3612 — Arizona Code / Title 36 / Chapter 36.1 / Article 1 / Section 3612
36-3612 Delivery of care through teledentistry; requirements; exceptions
Status: in_force

36-3612. Delivery of care through teledentistry; requirements; exceptions

A. Except as provided in subsection E of this section, before a dentist or dental provider delivers care through teledentistry, the dentist or dental provider shall obtain verbal or written informed consent from the patient or the patient's health care decision maker. If the informed consent is obtained verbally, the dentist or dental provider shall document the consent on the patient's record.

B. In any teledentistry interaction, the patient is entitled to all existing confidentiality protections pursuant to section 12-2292.

C. All reports resulting from a teledentistry consultation are part of a patient's dental record as prescribed in section 32-1264.

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

E. The consent requirements of this section do not apply to the transmission of diagnostic images to another health care provider or dental specialist or the reporting of diagnostic test results by that specialist.
A.R.S. § 36-341.01 — Arizona Code / Title 36 / Chapter 3 / Article 4 / Section 341.01
36-341.01 Vital records electronic systems fund; purpose; nonlapsing
Status: in_force

36-341.01. Vital records electronic systems fund; purpose; nonlapsing

A. The vital records electronic systems fund is established consisting of monies collected pursuant to section 36-341. The director shall administer the fund.  The director shall use fund monies for costs associated with the vital records automation system.

B. Fund monies:

1. Do not revert to the state general fund.

2. Are subject to legislative appropriation.

C. On notice from the director, the state treasurer shall invest and divest the monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 36-1624.01 — Arizona Code / Title 36 / Chapter 13 / Article 2 / Section 1624.01
36-1624.01 Liquefied petroleum gas containers; filling; evacuating; defacing; exception
Status: in_force

36-1624.01. Liquefied petroleum gas containers; filling; evacuating; defacing; exception

A. A person, other than the owner of a liquefied petroleum gas container or a person authorized in writing by the owner, shall not:

1. Fill or refill a liquefied petroleum gas container with liquefied petroleum gas or any other gas or compound.

2. Evacuate a liquefied petroleum gas container.

3. Deface, erase, obliterate, cover up or otherwise remove or conceal any name, mark, initial or device on a liquefied petroleum gas container.

B. This section does not apply to cylinders.
A.R.S. § 36-726 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 726
36-726 Petition for court ordered examination, monitoring, treatment, isolation or quarantine
Status: in_force

36-726. Petition for court ordered examination, monitoring, treatment, isolation or quarantine

A. The tuberculosis control officer, the local health officer or a designated legal representative may petition the superior court for court ordered examination, monitoring, treatment, isolation or quarantine of an afflicted person who presents a substantial danger to another person or to the community and who has failed to comply with a voluntary treatment plan or a written order to cooperate. The petition may be brought in the county where the afflicted person resides or is physically located. The petition shall be in the form and manner approved by the director.

B. The petition shall include:

1. The afflicted person's name, address, date of birth and physical location or last known address. The petitioner may refer to the afflicted person by a pseudonym if specifically requested by the afflicted person.

2. A statement containing the grounds and underlying facts demonstrating that the person is an afflicted person.

3. A statement that the afflicted person has failed to comply with a voluntary treatment plan or an order to cooperate or has a history of noncompliance with an appropriate prescribed course of medication or other interventions.

4. A statement containing the grounds and underlying facts demonstrating that the afflicted person presents a substantial danger to another person or to the community.

5. The least restrictive alternatives to court ordered examination, monitoring, treatment, isolation or quarantine that are appropriate or available.

6. A statement identifying the afflicted person as a minor or an incapacitated person, if applicable, and any facts that could assist the court to determine if the provisions of section 36-730 apply.

C. If the petitioner determines that the afflicted person's health is likely to deteriorate before a court hearing can begin, the petition shall include a statement containing the afflicted person's current clinical condition and a request for an immediate order from the court authorizing the administration of medically necessary treatment to preserve the afflicted person's medical condition before a hearing on the petition.

D. The petitioner shall inform the court when the afflicted person's medical condition may require the court to adjust the conditions and circumstances to accommodate the afflicted person's condition pursuant to section 36-725.

E. The petition shall be accompanied by the affidavit or affidavits of the person who conducted the investigation and by the affidavit or affidavits of the petitioner or intervenors. The affidavits shall detail the evidence that indicates that the person is an afflicted person and evidence that indicates that the afflicted person is a substantial danger to another person or to the community. The petition shall include a summary of the facts that support the allegations of the petition.

F. The petition shall request the court to issue an immediate order authorizing the compulsory detention and continued detention of the afflicted person in a designated facility for supervised monitoring, treatment, isolation or quarantine pending a detention hearing on the petition for public health protection. This detention hearing shall be conducted within fifteen days after a petition for public health protection is filed in the superior court.

G. Before the superior court has an opportunity to rule on the petition's merits, the court may order the immediate or continued detention of the afflicted person in an institution approved by the department, the tuberculosis control officer or the local health officer if the court determines that there is reasonable cause to believe that the afflicted person is likely to be a substantial danger to another person or to the community.

H. If the court orders that the afflicted person be immediately detained, the court shall issue orders necessary to provide for the apprehension, transportation and detention of the afflicted person pending the outcome of the detention hearing and shall provide notice of detention to the afflicted person's physician, or, if the afflicted person is a minor or an incapacitated person, the afflicted person's parent or guardian, or if none, the next of kin. The court shall appoint an attorney for the afflicted person if one has not been appointed.

I. If after reviewing the petition and supporting documents and other evidence the court determines that the petition and supporting documentation and evidence submitted to the court do not support a finding that the person is an afflicted person or is a substantial danger to another person or the community, the court shall issue a written order to release the person as soon as reasonably possible.

J. If after a petition has been filed and before the hearing the petitioner or the medical director of the receiving institution, with the advice and consent of the tuberculosis control officer or local health officer, determines that the person is not an afflicted person, the petitioner shall withdraw the petition and the petitioner or the medical director of the receiving institution shall discharge the person as soon as reasonably possible.

K. If after a petition has been filed and before the hearing the petitioner or the medical director of the receiving facility, with the advice and consent of the tuberculosis control officer or the local health officer, determines that the afflicted person will voluntarily comply with the orders of the tuberculosis control officer or the local health officer, the petitioner may request the court to hold the petition in abeyance pending satisfactory compliance by the afflicted person with the terms of the voluntary treatment plan. The court shall not hold the petition in abeyance for longer than six months. Prior to the end of six months, the petitioner may request the court to continue holding the petition in abeyance for a period of time specified by the court.

L. A detention hearing shall be held within fifteen days after the petition is filed with the clerk of the superior court unless:

1. The court determines for good cause shown that a continuance of the detention hearing is necessary in the interests of public health. For the purposes of this paragraph, "good cause" includes the unavailability of necessary witnesses or that additional time is necessary to receive and interpret laboratory test results.

2. The afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian, on consultation with an attorney, determines that it would be in the afflicted person's best interest to request a continuance.

M. A continuance granted to any party by the court pursuant to subsection L of this section shall not exceed thirty days unless the parties agree to an additional continuance.

N. The purpose of a detention hearing is to determine if the afflicted person has tuberculosis. The burden of proof is on the petitioner to prove by clear and convincing evidence that detention is necessary because the person is an afflicted person and is a substantial danger to another person or to the community.

O. At any time before the hearing the department may intervene as a party to any proceedings pursuant to this section by filing a written notice of intervention with the clerk of the superior court in the county in which the petition is filed. The intervenor may cross-examine any witnesses presented by the other parties, subpoena and present witnesses of its own, including physicians and infectious disease experts, and present evidence. On stipulation with all parties or on order of the court, the intervenor may have physicians conduct physical examinations of the afflicted person and offer testimony as to whether the person has active tuberculosis or is a substantial danger to another person or to the community and offer testimony as to the least restrictive examination, treatment, monitoring, isolation or quarantine alternatives available to the court.

P. Within five days after the filing of a petition for public health protection, the petitioner shall serve on the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian a copy of the petition and affidavits in support of it and the notice of the hearing. The notice shall inform the afflicted person of the purpose of the hearing and the right to an attorney. If the afflicted person has not employed an attorney, the court shall appoint an attorney at least seven days before the hearing. The notice shall fix the date, time and place for the hearing. The notice requirements of this section cannot be waived.

Q. At least five days before the court conducts the hearing on the petition or within a reasonable time after the appointment of a court appointed attorney, copies of the petition, affidavits in support of it, the notice of the hearing, the investigation reports, the afflicted person's medical records and copies of other exhibits shall be made available by the petitioner to the afflicted person or, if a minor or incapacitated person, the afflicted person's parent or guardian or that person's attorney for examination and reproduction.

R. A person has the right to have an evaluation performed by an independent physician. This evaluation shall include a physical examination and laboratory analysis. If the afflicted person is unable to afford an examination the court shall appoint an independent evaluator acceptable to the afflicted person from a list of licensed physicians who are willing to accept court appointed evaluations. The afflicted person may require the independent physician who performed the evaluation to appear as a witness at a hearing conducted pursuant to this section.
A.R.S. § 36-2027 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2027
36-2027 Evaluation and treatment of persons charged with a crime
Status: in_force

36-2027. Evaluation and treatment of persons charged with a crime

A. A court may order an evaluation and treatment at an approved treatment facility of a person who is brought before the court and charged with a crime if:

1. It appears that such person is an alcoholic, and

2. Such person, after being advised of his privilege to undergo evaluation and treatment, chooses the evaluation and treatment procedures. The court shall in no event order the person to undergo treatment and evaluation for in excess of thirty days.

B. The court shall fully apprise the person charged with the crime of the options available and the consequences which may occur.

C. The person charged with the crime has the right to legal counsel at proceedings held pursuant to this section.

D. If the court issues an order for evaluation and treatment as provided in this section, proceedings on the criminal charge or charges then pending in the court from which the order for evaluation and treatment issued shall be suspended until such time as the evaluation and treatment of the defendant and the subsequent detention of the defendant, if any, are completed. Upon completion of the evaluation and treatment, and detention, if any, the defendant shall be returned to the court where the order for evaluation and treatment was made and proceedings on the criminal charge or charges shall be resumed or dismissed. No charge or charges shall be dismissed based on defendant's failure to receive a speedy trial.

E. The cost of evaluation and treatment of an indigent patient treated pursuant to court order shall be a charge to the county, city, town or charter city whose court issued the order for evaluation.
A.R.S. § 36-2153 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2153
36-2153 Informed consent; requirements; information; website; signage; violation; civil relief; statute of limitations
Status: in_force

36-2153. Informed consent; requirements; information; website; signage; violation; civil relief; statute of limitations

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

1. 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, of:

(a) The name of the physician who will perform the abortion.

(b) The nature of the proposed procedure or treatment.

(c) The immediate and long-term medical risks associated with the procedure that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(d) Alternatives to the procedure or treatment that a reasonable patient would consider material to the decision of whether or not to undergo the abortion.

(e) The probable gestational age of the unborn child at the time the abortion is to be performed.

(f) The probable anatomical and physiological characteristics of the unborn child at the time the abortion is to be performed.

(g) The medical risks associated with carrying the child to term.

2. At least twenty-four hours before the abortion, the physician who is to perform the abortion, the referring physician or a qualified physician, physician assistant, nurse, psychologist or licensed behavioral health professional to whom the responsibility has been delegated by either physician has informed the woman, orally and in person, that:

(a) Medical assistance benefits may be available for prenatal care, childbirth and neonatal care.

(b) The father of the unborn child is liable to assist in the support of the child, even if he has offered to pay for the abortion.  In the case of rape or incest, this information may be omitted.

(c) Public and private agencies and services are available to assist the woman during her pregnancy and after the birth of her child if she chooses not to have an abortion, whether she chooses to keep the child or place the child for adoption.

(d) It is unlawful for any person to coerce a woman to undergo an abortion.

(e) The woman is free to withhold or withdraw her consent to the abortion at any time without affecting her right to future care or treatment and without the loss of any state or federally funded benefits to which she might otherwise be entitled.

(f) The department of health services maintains a website that describes the unborn child and lists the agencies that offer alternatives to abortion.

(g) The woman has the 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.

(h) In the case of a surgical abortion, the woman has the right to determine final disposition of bodily remains and to be informed of the available options for locations and methods for disposition of bodily remains.

3. The information in paragraphs 1 and 2 of this subsection is provided to the woman individually and in a private room to protect her privacy and to ensure that the information focuses on her individual circumstances and that she has adequate opportunity to ask questions.

4. The woman certifies in writing before the abortion that the information required to be provided pursuant to paragraphs 1 and 2 of this subsection has been provided.

5. In the case of a surgical abortion, if the woman desires to exercise her right to determine final disposition of bodily remains, the woman indicates in writing her choice for the location and method of final disposition of bodily remains.

B. If a woman has taken mifepristone as part of a two-drug regimen to terminate her pregnancy, has not yet taken the second drug and consults an abortion clinic questioning her decision to terminate her pregnancy or seeking information regarding the health of her fetus or the efficacy of mifepristone alone to terminate a pregnancy, the abortion clinic staff shall inform the woman that the use of mifepristone alone to end a pregnancy is not always effective and that she should immediately consult a physician if she would like more information.

C. If a medical emergency compels the performance of an abortion, the physician shall inform the woman, before the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert the woman's death or to avert substantial and irreversible impairment of a major bodily function.

D. The department of health services shall establish and shall annually update a website that includes a link to a printable version of all materials listed on the website.  The materials must be written in an easily understood manner and printed in a typeface that is large enough to be clearly legible. The website must include all of the following materials:

1. Information that is organized geographically by location and that is designed to inform the woman about public and private agencies and services that are available to assist a woman through pregnancy, at childbirth and while her child is dependent, including adoption agencies. The materials shall include a comprehensive list of the agencies, a description of the services they offer and the manner in which these agencies may be contacted, including the agencies' telephone numbers and website addresses.

2. Information on the availability of medical assistance benefits for prenatal care, childbirth and neonatal care.

3. A statement that it is unlawful for any person to coerce a woman to undergo an abortion.

4. A statement that any physician who performs an abortion on a woman without obtaining the woman's voluntary and informed consent or without affording her a private medical consultation may be liable to the woman for damages in a civil action.

5. A statement that the father of a child is liable to assist in the support of that child, even if the father has offered to pay for an abortion, and that the law allows adoptive parents to pay costs of prenatal care, childbirth and neonatal care.

6. Information that is designed to inform the woman of the probable anatomical and physiological characteristics of the unborn child at two-week gestational increments from fertilization to full term, including pictures or drawings representing the development of unborn children at two-week gestational increments and any relevant information on the possibility of the unborn child's survival. The pictures or drawings must contain the dimensions of the unborn child and must be realistic and appropriate for each stage of pregnancy. The information provided pursuant to this paragraph must be objective, nonjudgmental and designed to convey only accurate scientific information about the unborn child at the various gestational ages.

7. Objective information that describes the methods of abortion procedures commonly employed, the medical risks commonly associated with each procedure, the possible detrimental psychological effects of abortion and the medical risks commonly associated with carrying a child to term.

8. Information explaining the efficacy of mifepristone taken alone, without a follow-up drug as part of a two-drug regimen, to terminate a pregnancy and advising a woman to immediately contact a physician if the woman has taken only mifepristone and questions her decision to terminate her pregnancy or seeks information regarding the health of her fetus.

E. An individual who is not a physician shall not perform a surgical abortion.

F. A person shall not write or communicate a prescription for a drug or drugs to induce an abortion or require or obtain payment for a service provided to a patient who has inquired about an abortion or scheduled an abortion until the twenty-four-hour reflection period required by subsection A of this section expires.

G. A person shall not intimidate or coerce in any way any person to obtain an abortion.  A parent, a guardian or any other person shall not coerce a minor to obtain an abortion. If a minor is denied financial support by the minor's parents, guardians or custodian due to the minor's refusal to have an abortion performed, the minor is deemed emancipated for the purposes of eligibility for public assistance benefits, except that the emancipated minor may not use these benefits to obtain an abortion.

H. An abortion clinic as defined in section 36-449.01 shall conspicuously post signs that are visible to all who enter the abortion clinic, that are clearly readable and that state it is unlawful for any person to force a woman to have an abortion and a woman who is being forced to have an abortion has the right to contact any local or state law enforcement or social service agency to receive protection from any actual or threatened physical, emotional or psychological abuse. The signs shall be posted in the waiting room, consultation rooms and procedure rooms.

I. A person shall not require a woman to obtain an abortion as a provision in a contract or as a condition of employment.

J. 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.

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

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

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

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

M. A civil action brought pursuant to this section must be initiated within six years after the violation occurred.
A.R.S. § 36-904 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 904
36-904 Food adulteration
Status: in_force

36-904. Food adulteration

A. A food is adulterated if one or more of the following conditions exist:

1. It bears or contains any poisonous or deleterious substance which may render it injurious to health, but if the substance is not an added substance such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health.

2. It is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of section 36-905, subsection A.

3. It is, or it bears or contains, any food additive which is unsafe within the meaning of section 36-905, provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under section 36-905 and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of section 36-905, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed food when ready-to-eat is not greater than the tolerance prescribed for the raw agricultural commodity.

4. It consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or it is otherwise unfit for food.

5. It has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health.

6. It is the product of a diseased animal or an animal, other than wildlife, which has died other than by slaughter, or which has been fed uncooked garbage, except bakery and creamery products, commercial vegetables and all fruits, or offal from a slaughterhouse, with the exception of paunch wastes.

7. Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

8. Any required constituent has been omitted or abstracted in whole or in part.

9. Any substance has been substituted in whole or in part for a substance normally found in the food or required to be present in the food by rules adopted under section 36-903.

10. Damage or inferiority has been concealed in any manner.

11. Any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is.

12. It is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one per cent, harmless natural wax not in excess of four-tenths of one per cent, harmless natural gum, and pectin. This paragraph shall not apply to any confectionery by reason of its containing less than five per cent by weight of alcohol or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.

13. It is or bears or contains any color additive which is unsafe within the meaning of section 36-905, subsection A.

B. Commercial feed and whole cottonseed which contain the levels of aflatoxin prescribed by section 3-2611.01 shall not be deemed adulterated.

C. Notwithstanding this section, whole cottonseed or cottonseed products deemed unadulterated pursuant to section 3-2611.01 and food additives and resulting substances used in accordance with a sanction or approval granted pursuant to laws or regulations administered by the federal food and drug administration are not deemed adulterated for purposes of this section.
A.R.S. § 36-766.08 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.08
36-766.08 Public contracts; preference prohibited
Status: in_force

36-766.08. Public contracts; preference prohibited

This state and any political subdivision of this state may not provide a preference in awarding a public contract for state-certified doula services or an entity that employs state-certified doulas.
A.R.S. § 36-528 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 528
36-528 Emergency patients; duties of agency; notification of family member; right to counsel
Status: in_force

36-528. Emergency patients; duties of agency; notification of family member; right to counsel

A. A person detained under emergency detention shall be offered treatment for his mental disorder to which he may consent. The person shall not be treated for his mental disorder without his express consent, except that seclusion and mechanical or pharmacological restraints may be employed as emergency measures for the safety of the person or others pursuant to section 36-513.

B. At the time a person is taken into custody for emergency evaluation, the medical director in charge of the evaluation agency shall, subject to the provisions of section 36-504, notify the person's guardian or, if none, a member of the family other than a person who has made application for emergency evaluation, if known, of the person's presence at the agency.

C. At the earliest time possible during the evaluation, the agency shall inquire into the need to safeguard and preserve the person's personal property or premises. If no responsible relative or guardian is in possession of the property or premises it shall proceed pursuant to the provisions of section 36-508, subsection C.

D. The person detained shall be informed of his rights as stated in this section and in article 2 of this chapter, including the right to consult an attorney. He shall be advised that if he cannot employ an attorney, the court will appoint one for him. The person shall be advised that if a petition for evaluation is filed, the court will appoint the person an attorney to consult with and, if he cannot employ his own counsel, to represent him.
A.R.S. § 36-1102 — Arizona Code / Title 36 / Chapter 9 / Article 4 / Section 1102
36-1102 Misbranding of package prohibited
Status: in_force

36-1102. Misbranding of package prohibited

No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange, in this state any dangerous, caustic or corrosive substance in a misbranded parcel, package or container designed for or suitable to household use.
A.R.S. § 36-199 — Arizona Code / Title 36 / Chapter 1 / Article 7 / Section 199
36-199 Suicide mortality review team; members; duties
Status: in_force

36-199. Suicide mortality review team; members; duties

A. The suicide mortality review team is established in the department of health services.  The head of each of the following entities or that person's designee shall serve on the review team:

1. The department of health services.

2. The Arizona health care cost containment system.

3. The department of economic security.

4. The governor's office of youth, faith and family.

5. The department of education.

6. The Arizona council of human service providers.

7. The department of public safety.

B. The director of the department of health services shall appoint the following members to serve on the review team:

1. A medical examiner who is a rural forensic pathologist.

2. A medical examiner who is a metropolitan forensic pathologist.

3. A representative of a tribal government.

4. A representative of a health care insurer.

5. A public member.

6. A representative of an emergency management system provider.

7. A health care professional from a statewide association representing pediatricians.

8. A health care professional from a statewide association representing physicians.

9. A health care professional from a statewide association representing nurses.

10. A representative of an association of county health officers.

11. A representative of an association representing hospitals.

12. A professional who specializes in the prevention, diagnosis and treatment of behavioral health problems.

13. A county sheriff, or the sheriff's designee, who represents a county with a population of less than five hundred thousand persons and a county sheriff, or the sheriff's designee, who represents a county with a population of at least five hundred thousand persons.

14. A representative of a veterans organization or military family advocacy program.

15. A representative of a statewide association representing area agencies on aging.

16. A representative of a nonprofit community-based organization providing suicide prevention services.

17. A representative of a rural health organization.

C. The review team shall:

1. Develop a suicide mortalities data collection system.

2. Conduct an annual analysis on the incidences and causes of suicides in this state during the preceding fiscal year.

3. Encourage and assist in the development of local suicide mortality review teams.

4. Develop standards and protocols for local suicide mortality review teams and provide training and technical assistance to these teams.

5. Develop protocols for suicide investigations, including protocols for law enforcement agencies, prosecutors, medical examiners, health care facilities and social service agencies.

6. Study the adequacy of statutes, ordinances, rules, training and services to determine what changes are needed to decrease the incidence of preventable suicides and, as appropriate, take steps to implement these changes.

7. Educate the public regarding the incidences and causes of suicide as well as the public's role in preventing these deaths.

8. Designate a member of the review team to serve as chairperson.

D. Review team members are not eligible to receive compensation, but members appointed pursuant to subsection B of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The department of health services shall provide professional and administrative support to the team.
A.R.S. § 36-2523 — Arizona Code / Title 36 / Chapter 27 / Article 3 / Section 2523
36-2523 Records of registrants; inspection; confidentiality
Status: in_force

36-2523. Records of registrants; inspection; confidentiality

A. Persons registered to manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law and title 32, chapter 18, and with any additional rules the board issues.  Prescription orders must be filed as required by section 36-2525.

B. A person who holds a permit to operate a pharmacy issued under title 32, chapter 18 shall inventory schedule II, III, IV and V controlled substances as prescribed by federal law. The permit holder shall conduct this inventory on May 1 of each year or as directed by the Arizona state board of pharmacy.  The permit holder shall also conduct this inventory if there is a change of ownership or discontinuance of business or within ten days of a change of a pharmacist in charge.

C. These records and inventories shall be open for inspection by peace officers in the performance of their duties.  An officer shall not divulge information obtained pursuant to this subsection except in connection with a prosecution, investigation, judicial proceeding or administrative proceeding in which the person to whom the information relates is a party.
A.R.S. § 36-2281 — Arizona Code / Title 36 / Chapter 22 / Article 2 / Section 2281
36-2281 Infants; nutritional and medical denial or deprivation prohibited; definition
Status: in_force

36-2281. Infants; nutritional and medical denial or deprivation prohibited; definition

A. A person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason including:

1. The infant was born with a disability.

2. The infant is not wanted by the parent, parents or guardian.

3. The infant is born alive by natural or artificial means.

B. A person shall not deprive an infant of necessary lifesaving medical treatment or surgical care.

C. This section shall not be construed to prevent an infant's parent, parents or guardian from refusing to give consent to medical treatment or surgical care which is not medically necessary, including care or treatment which either:

1. Is not necessary to save the life of the infant.

2. Has a potential risk to the infant's life or health that outweighs the potential benefit to the infant of the treatment or care.

3. Is futile treatment or treatment that will do no more than temporarily prolong the act of dying when death is imminent.

D. In determining whether any of the possible medical treatments will be medically necessary for an infant, reasonable medical judgments in selecting among alternative courses of treatment shall be respected.

E. In this article, "infant" means a child less than one year of age.
A.R.S. § 36-407.03 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 407.03
36-407.03 Hospitals; visitation policy; exceptions
Status: in_force

36-407.03. Hospitals; visitation policy; exceptions

A. A hospital shall develop a visitation policy that allows a patient to have daily in-person visitation by a designated visitor of the patient's choice, which may include the patient's spouse or one parent or child of the patient. A hospital's policies regarding visitation shall ensure that the patient and the patient's visitors may have physical contact, especially during end-of-life visitation, unless a physician determines based on the patient's condition that the visitation does not meet health and safety standards or is reasonably likely to harm the patient.  If a physician denies visitation with a patient pursuant to this section, the patient or the patient's representative, which may include the patient's spouse, parent or child, may request a meeting, as provided by the visitation policy, with the physician and the hospital's chief medical officer, chief of staff or chief executive officer to receive a review and explanation within twenty-four hours of the physician's decision to deny visitation.  If the designated visitor's request to visit is denied or not resolved at the meeting, the visitor may file a complaint with the department. All visitors must comply with reasonable health and safety precautions imposed by the hospital in connection with the visit.

B. This section does not apply to the Arizona state hospital, any other licensed facility under the jurisdiction of the superintendent of the Arizona state hospital or chapter 5 of this title.
A.R.S. § 36-1603 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1603
36-1603 Permit for public display
Status: in_force

36-1603. Permit for public display

A. Each governing body may adopt reasonable rules and regulations for granting permits for supervised public displays of fireworks within its jurisdiction, by municipalities, fair associations, amusement parks and other organizations and groups.

B. Application for a permit shall be made in writing not less than five days prior to the date of the display. Every display shall be handled by a competent operator, and shall be of a character and located, discharged and fired so that it will not be hazardous to property or endanger any person. Before a permit is granted, the operator, location and handling of the display shall be approved, after investigation, by the fire chief of the city or town or the sheriff of the county as is appropriate. After a permit is granted, the sale, possession, use and distribution of fireworks for the display shall be lawful for that purpose only. No permit is transferable or assignable.

C. If a community, organization or group authorized under this article to obtain a permit for a public display of fireworks desires a permit for a locality more than fifty miles from the county seat and not within the limits of an incorporated city or town, application may be made to the justice of the peace of the precinct in which that locality is situated. The justice may issue the permit, subject to the conditions prescribed by this article, in the same manner as the board of supervisors. The constable shall make the prescribed investigation. The justice of the peace shall promptly report to the board of supervisors any permit issued by him pursuant to this subsection, and shall transmit the bond of the permittee to the board.
A.R.S. § 36-3604 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3604
36-3604 Use of telehealth for abortion prohibited; penalty; definition
Status: in_force

36-3604. Use of telehealth for abortion prohibited; penalty; definition

A. A health care provider shall not use telehealth to provide an abortion.

B. A health care provider who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32.

C. For the purposes of this section, "abortion" has the same meaning prescribed in section 36-2151.
A.R.S. § 36-211 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 211
36-211 Income from land rentals and permanent funds
Status: in_force

36-211. Income from land rentals and permanent funds

In addition to other funds appropriated to its use, any other law notwithstanding, the legislature may appropriate to the use of the state hospital the annual income from land rentals and interest on the investment of the permanent funds arising from the grant of land for insane asylums under the terms of the enabling act of June 20, 1910, and the state constitution. The monies appropriated by this section may be expended as the director directs.
A.R.S. § 36-2246 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2246
36-2246 Fire districts; rural ambulance services; request for information; format
Status: in_force

36-2246. Fire districts; rural ambulance services; request for information; format

A. The department shall implement a format to govern its requests for information from each fire district that holds a certificate of necessity to operate an ambulance service under this chapter that substantially conforms to the annual report prescribed by section 48-251.

B. The department's request for financial information from each fire district that holds a certificate of necessity to operate an ambulance service under this chapter shall substantially conform to the accounting method prescribed by section 48-251.

C. The department's request for information from each rural ambulance service that holds a certificate of necessity under this chapter shall include the minimum information the department requires under section 36-2232, subsection A, paragraphs 7 and 8.
A.R.S. § 36-2907 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907
36-2907 Covered health and medical services; modifications; related delivery of service requirements; rules; definitions
Status: in_force

36-2907. Covered health and medical services; modifications; related delivery of service requirements; rules; definitions

A. Subject to the limits and exclusions specified in this section, contractors shall provide the following medically necessary health and medical services:

1. Inpatient hospital services that are ordinarily furnished by a hospital to care for and treat inpatients and that are provided under the direction of a physician or a primary care practitioner. For the purposes of this section, inpatient hospital services exclude services in an institution for tuberculosis or mental diseases unless authorized under an approved section 1115 waiver.

2. Outpatient health services that are ordinarily provided in hospitals, clinics, offices and other health care facilities by licensed health care providers. Outpatient health services include services provided by or under the direction of a physician or a primary care practitioner, including occupational therapy.

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

4. Medications that are ordered on prescription by a physician or a dentist who is licensed pursuant to title 32, chapter 11. Persons who are dually eligible for title XVIII and title XIX services must obtain available medications through a medicare licensed or certified medicare advantage prescription drug plan, a medicare prescription drug plan or any other entity authorized by medicare to provide a medicare part D prescription drug benefit.

5. Medical supplies, durable medical equipment, insulin pumps and prosthetic devices ordered by a physician or a primary care practitioner. Suppliers of durable medical equipment shall provide the administration with complete information about the identity of each person who has an ownership or controlling interest in their business and shall comply with federal bonding requirements in a manner prescribed by the administration.

6. For persons who are at least twenty-one years of age, treatment of medical conditions of the eye, excluding eye examinations for prescriptive lenses and the provision of prescriptive lenses.

7. Early and periodic health screening and diagnostic services as required by section 1905(r) of title XIX of the social security act for members who are under twenty-one years of age.

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

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

10. Nonexperimental transplants approved for title XIX reimbursement.

11. Dental services as follows:

(a) Except as provided in subdivision (b) of this paragraph, for persons who are at least twenty-one years of age, emergency dental care and extractions in an annual amount of not more than $1,000 per member.

(b) Subject to approval by the centers for medicare and medicaid services, for persons treated at an Indian health service or tribal facility, adult dental services that are eligible for a federal medical assistance percentage of one hundred percent and that exceed the limit prescribed in subdivision (a) of this paragraph.

12. Ambulance and nonambulance transportation, except as provided in subsection G of this section.

13. Hospice care.

14. Orthotics, if all of the following apply:

(a) The use of the orthotic is medically necessary as the preferred treatment option consistent with medicare guidelines.

(b) The orthotic is less expensive than all other treatment options or surgical procedures to treat the same diagnosed condition.

(c) The orthotic is ordered by a physician or primary care practitioner.

15. Subject to approval by the centers for medicare and medicaid services, medically necessary chiropractic services that are performed by a chiropractor who is licensed pursuant to title 32, chapter 8 and that are ordered by a primary care physician or primary care practitioner pursuant to rules adopted by the administration. The primary care physician or primary care practitioner may initially order up to twenty visits annually that include treatment and may request authorization for additional chiropractic services in that same year if additional chiropractic services are medically necessary.

16. For up to ten program hours annually, diabetes outpatient self-management training services, as defined in 42 United States Code section 1395x, if prescribed by a primary care practitioner in either of the following circumstances:

(a) The member is initially diagnosed with diabetes.

(b) For a member who has previously been diagnosed with diabetes, either:

(i) A change occurs in the member's diagnosis, medical condition or treatment regimen.

(ii) The member is not meeting appropriate clinical outcomes.

17. Pursuant to the terms and conditions that are approved by the centers for medicare and medicaid services and subject to available funding, traditional healing services, if both of the following apply:

(a) The member qualifies for services through the Indian health service or a tribal facility pursuant to the conditions of participation outlined in 42 Code of Federal Regulations section 136.12.

(b) The traditional healing service is delivered by or through the Indian health service or a tribal facility.

B. The limits and exclusions for health and medical services provided under this section are as follows:

1. Circumcision of newborn males is not a covered health and medical service.

2. For eligible persons who are at least twenty-one years of age:

(a) Prosthetic devices do not include hearing aids, dentures or bone-anchored hearing aids. Prosthetic devices, except prosthetic implants, may be limited to $12,500 per contract year.

(b) Percussive vests are not covered health and medical services.

(c) Durable medical equipment is limited to items covered by medicare.

(d) Nonexperimental transplants do not include pancreas-only transplants.

(e) Bariatric surgery procedures, including laparoscopic and open gastric bypass and restrictive procedures, are not covered health and medical services.

C. The system shall pay noncontracting providers only for health and medical services as prescribed in subsection A of this section and as prescribed by rule.

D. The director shall adopt rules necessary to limit, to the extent possible, the scope, duration and amount of services, including maximum limits for inpatient services that are consistent with federal regulations under title XIX of the social security act (P.L. 89-97; 79 Stat. 344; 42 United States Code section 1396 (1980)). To the extent possible and practicable, these rules shall provide for the prior approval of medically necessary services provided pursuant to this chapter.

E. The director shall make available home health services in lieu of hospitalization pursuant to contracts awarded under this article.  For the purposes of this subsection, "home health services" means the provision of nursing services, home health aide services or medical supplies, equipment and appliances that are provided on a part-time or intermittent basis by a licensed home health agency within a member's residence based on the orders of a physician or a primary care practitioner.  Home health agencies shall comply with the federal bonding requirements in a manner prescribed by the administration.

F. The director shall adopt rules for the coverage of behavioral health services for persons who are eligible under section 36-2901, paragraph 6, subdivision (a). The administration acting through the regional behavioral health authorities shall establish a diagnostic and evaluation program to which other state agencies shall refer children who are not already enrolled pursuant to this chapter and who may be in need of behavioral health services. In addition to an evaluation, the administration acting through regional behavioral health authorities shall also identify children who may be eligible under section 36-2901, paragraph 6, subdivision (a) or section 36-2931, paragraph 5 and shall refer the children to the appropriate agency responsible for making the final eligibility determination.

G. The director shall adopt rules providing for transportation services and rules providing for copayment by members for transportation for other than emergency purposes. Subject to approval by the centers for medicare and medicaid services, nonemergency medical transportation shall not be provided except for stretcher vans and ambulance transportation. Prior authorization is required for transportation by stretcher van and for medically necessary ambulance transportation initiated pursuant to a physician's direction. Prior authorization is not required for medically necessary ambulance transportation services rendered to members or eligible persons initiated by dialing telephone number 911 or other designated emergency response systems.

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

I. If the director does not receive bids within the amounts budgeted or if at any time the amount remaining in the Arizona health care cost containment system fund is insufficient to pay for full contract services for the remainder of the contract term, the administration, on notification to system contractors at least thirty days in advance, may modify the list of services required under subsection A of this section for persons defined as eligible other than those persons defined pursuant to section 36-2901, paragraph 6, subdivision (a).  The director may also suspend services or may limit categories of expense for services defined as optional pursuant to title XIX of the social security act (P.L. 89-97; 79 Stat. 344; 42 United States Code section 1396 (1980)) for persons defined pursuant to section 36-2901, paragraph 6, subdivision (a). Such reductions or suspensions do not apply to the continuity of care for persons already receiving these services.

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

1. Emergency services and specialty services provided pursuant to section 36-2908.

2. That the director may allow the delivery of health and medical services in other than the geographic service area in this state or in an adjoining state if the director determines that medical practice patterns justify the delivery of services or a net reduction in transportation costs can reasonably be expected. Notwithstanding the definition of physician as prescribed in section 36-2901, if services are procured from a physician or primary care practitioner in an adjoining state, the physician or primary care practitioner shall be licensed to practice in that state pursuant to licensing statutes in that state that are similar to title 32, chapter 13, 15, 17 or 25 and shall complete a provider agreement for this state.

K. Covered outpatient services shall be subcontracted by a primary care physician or primary care practitioner to other licensed health care providers to the extent practicable for purposes including, but not limited to, making health care services available to underserved areas, reducing costs of providing medical care and reducing transportation costs.

L. The director shall adopt rules that prescribe the coordination of medical care for persons who are eligible for system services. The rules shall include provisions for transferring patients and medical records and initiating medical care.

M. Pursuant to the terms and conditions that are approved by the centers for medicare and medicaid services and subject to available funding, the director shall implement limited benefit coverage prerelease services to eligible incarcerated individuals and committed youth for up to ninety days immediately before the individuals' or committed youth's expected date of release from a prison, jail, secure care facility or tribal correctional facility.

N. Notwithstanding section 36-2901.08, monies from the hospital assessment fund established by section 36-2901.09 may not be used to provide any of the following:

1. Chiropractic services as prescribed in subsection A, paragraph 15 of this section.

2. Diabetes outpatient self-management training services as prescribed in subsection A, paragraph 16 of this section.

3. Speech therapy provided in an outpatient setting to eligible persons who are at least twenty-one years of age.

4. Cochlear implants to eligible persons who are at least twenty-one years of age.

O. For the purposes of this section:

1. "Ambulance" has the same meaning prescribed in section 36-2201.

2. "Tribal facility" has the same meaning prescribed in section 36-2981.
A.R.S. § 36-2512 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2512
36-2512 Substances in schedule I; rules
Status: in_force

36-2512. Substances in schedule I; rules

A. The board shall adopt by rule the schedule I controlled substances listed in 21 Code of Federal Regulations section 1308.11 and section 13-3401 and shall amend the rules, as necessary, to reflect any changes in the schedule I controlled substance designations.

B. The board may except by rule any compound, mixture or preparation containing any substance adopted by rule pursuant to this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse.
A.R.S. § 36-3522 — Arizona Code / Title 36 / Chapter 35 / Article 2 / Section 3522
36-3522 Unsafe cribs; design characteristics; violation; classification
Status: in_force

36-3522. Unsafe cribs; design characteristics; violation; classification

A. A commercial user shall not knowingly remanufacture, retrofit, lease, sublease, sell or otherwise place in the stream of commerce a crib that is in violation of 16 Code of Federal Regulations part 1303, 1508 or 1509 or that has any of the following design characteristics:

1. Corner posts that extend more than one-sixteenth of an inch.

2. Spaces between side slats that are more than two and three-eighths inches.

3. A mattress support that can be easily dislodged from any point of the crib. For the purposes of this paragraph, a mattress support can be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib.

4. Cutout designs on the panels.

5. Rail height dimensions that do not conform to the following:

(a) The height of the rail and end panel is at least nine inches, as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position.

(b) The height of the rail and end panel is at least twenty-six inches, as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position.

6. Any screws, bolts or hardware that are loose and not secured.

7. Sharp edges, points or rough surfaces.

8. Wood surfaces that are not smooth and free from splinters, splits or cracks.

9. Nonfull-size cribs with tears in mesh or fabric sides.

B. A commercial user who knowingly places a crib in the stream of commerce in violation of this section is guilty of a class 1 misdemeanor.
A.R.S. § 36-2411 — Arizona Code / Title 36 / Chapter 25 / Article 2 / Section 2411
36-2411 Custom orthotic and custom prosthetic devices; requirements; definition
Status: in_force

36-2411. Custom orthotic and custom prosthetic devices; requirements; definition

A. Beginning January 1, 2018, a custom orthotic or custom prosthetic device furnished to an individual shall meet all of the following requirements:

1. Except for a custom orthotic or custom prosthetic device provided by a health care provider who is licensed pursuant to title 32, chapter 7, 13, 17, 19, 25 or 34, be provided by a fabricator or supplier that is accredited by an independent accreditation organization approved by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1395m(a)(20)(B) and the regulations promulgated thereunder.

2. Be provided by a health care provider that is a qualified practitioner as defined in 42 United States Code section 1395m(h)(1)(F) or is licensed pursuant to title 32, chapter 7, 13, 17, 19, 25 or 34.

3. Be the subject of a valid prescription for the custom orthotic or custom prosthetic device.

B. Except for a custom orthotic or custom prosthetic device provided by a health care provider who is licensed pursuant to title 32, chapter 7, 13, 17, 19, 25 or 34, a health care provider that does not receive insurance payment for a custom orthotic or custom prosthetic device because the custom orthotic or custom prosthetic device or the provider does not meet the requirements of subsection A of this section may not attempt to collect payment or reimbursement for the amount of the coverage denial for the custom orthotic or custom prosthetic device from the patient. This subsection applies only if the coverage denial is strictly based on the custom orthotic or custom prosthetic device or the provider not meeting the requirements of subsection A of this section.

C. This section does not:

1. Require a health care provider to accept medicare patients.

2. Restrict the ability of a licensed health care provider to issue a valid prescription for a custom orthotic or custom prosthetic device pursuant to the applicable state law provided that the custom orthotic or custom prosthetic device is molded, fabricated and fitted by a provider pursuant to subsection A of this section.

3. Prevent a licensed health care provider, that does not meet the requirements in subsection A of this section, from engaging in the profession or occupation for which the health care provider is licensed, provided that the licensed health care provider does not bill or otherwise receive insurance payment or collect reimbursement from a patient for the custom orthotic or custom prosthetic device.

D. For the purposes of this section, "custom orthotic or custom prosthetic device" means an orthotic or prosthetic device that is individually fabricated for a patient over a positive mold, a tracing or a scan of the patient. Custom orthotic or custom prosthetic device does not include shoes and shoe inserts, a dental device, a hearing-related device or the replacement of all or part of an internal body organ.
A.R.S. § 36-1481 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1481
36-1481 Issuance of bonds
Status: in_force

36-1481. Issuance of bonds

A. A municipality may issue bonds in its discretion to finance the undertaking of any redevelopment project under this article, including the payment of principal and interest upon any advances for surveys and plans for redevelopment projects, and may also issue refunding bonds for the payment or retirement of such bonds previously issued by it. Such bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues and funds of the municipality derived from or held in connection with its undertaking and carrying out of redevelopment projects under this article, whether or not they are financed in whole or in part with the proceeds of such bonds, but payment of such bonds, both as to principal and interest, may be further or exclusively secured by a pledge of any loan, grant or contribution from the federal government or other source, in aid of any redevelopment projects of the municipality undertaken under this article and by a mortgage of any of such redevelopment projects.

B. The bonds and other obligations of the municipality issued pursuant to subsection A of this section are not a general obligation or general debt of the municipality, the state or any of its political subdivisions, and neither the municipality, the state, nor any of its political subdivisions are generally liable for them, nor in any event shall the bonds or obligations give rise to a general obligation or liability of the municipality, the state or any of its political subdivisions, or a charge against their general credit or taxing powers, or be payable from any funds or properties other than those funds or properties specifically described in subsection A of this section and those bonds and obligations shall so state on their face. Bonds issued under this section shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Bonds issued under the provisions of this article are declared to be issued for an essential public and governmental purpose, and together with interest thereon and income therefrom, shall be exempted from all taxes.

C. Bonds issued under this section shall be authorized by resolution of the local governing body, may be issued in one or more series, shall bear such date or dates, be payable upon demand or mature at such time or times, bear interest at such rate or rates, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as provided by the resolution or trust indenture or mortgage issued pursuant thereto.

D. Such bonds or any bonds issued to refund such bonds may be sold at public or private sale at such price or prices as may be determined by the local governing body or may be exchanged for other bonds on the basis of par. If sold at public sale, notice shall be published once at least ten days prior to the sale in a newspaper having a general circulation in the area of operation and in such other medium of publication as the municipality determines.

E. If any of the public officials of the municipality whose signatures appear on any bonds or coupons issued under this article cease to be such officials before delivery of the bonds, their signatures shall nevertheless be valid and sufficient for all purposes the same as if the officials had remained in office until delivery. Any provision of law to the contrary notwithstanding, bonds issued pursuant to this article shall be fully negotiable.

F. In any action or proceedings involving the validity or enforceability of any bond issued under this article or the security for such bond, the recitation in substance in the bond that it has been issued by the municipality in connection with a redevelopment project shall be conclusive proof that the bond was issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the purposes and provisions of this article.

G. Neither the members of the governing body of a municipality or a commission nor any persons executing the bonds are liable personally on the bonds by reason of their issuance.
A.R.S. § 36-157 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 157
36-157 County authority to provide services; fees
Status: in_force

36-157. County authority to provide services; fees

County departments shall have the same authority as granted to the department, under the provisions of this article, to provide home health services within their county, enter into contracts therefor, charge fees for such services, and expend monies, employ personnel and to purchase equipment and materials.
A.R.S. § 36-979 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 979
36-979 Disease control
Status: in_force

36-979. Disease control

If the director of the department of health services finds that a disease or foreign matter is actually transmitted by a method of dispensing bulk foods that is permitted under section 36-975, the director may adopt rules which prohibit the dispensing of bulk foods in a manner authorized by the provisions of section 36-975 to ensure the public health and safety. The rules shall address the specific relationship between the disease or foreign matter being transmitted and the dispensing methods permitted under section 36-975.
A.R.S. § 36-436.01 — Arizona Code / Title 36 / Chapter 4 / Article 3 / Section 436.01
36-436.01 Rate schedules; printing and posting requirements; outpatient treatment centers; posting and filing requirements
Status: in_force

36-436.01. Rate schedules; printing and posting requirements; outpatient treatment centers; posting and filing requirements

A. The schedule required under section 36-436 shall be printed in legible type and shall contain a listing of all services performed and commodities furnished for which a separate charge is made, together with the charges for each. The schedule shall plainly state all rules or regulations which may in any way change, affect or determine any part or the aggregate of the rates or charges or the value of the services or commodities covered by the schedule. Hospitals shall also include the number of times a separate charge was imposed for services performed or commodities furnished for each item listed during the twelve month period immediately prior to submission.

B. After review by the director a copy of the schedule shall be posted in a conspicuous place in the reception area of each hospital and any of the hospital's outpatient treatment centers or nursing care institutions using the schedule. Another copy also shall be kept in the reception area and be available for inspection by the public at all times upon request.

C.  Licensed health care institutions classified as outpatient treatment centers and home health agencies shall file a copy of the schedule with the director before implementing those rates or charges and shall post a copy in a conspicuous area.
A.R.S. § 36-476 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 476
36-476 License surrender; certification
Status: in_force

36-476. License surrender; certification

A. Upon the revocation of his license, a licensee shall be required to surrender his license to the department, and upon his failure or refusal to do so, the department shall have the right to seize the license.

B. The department shall not be required to certify any record, file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court a reasonable and customary sum, as determined by the chief clerk of the department, to provide for the costs of such certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action.
A.R.S. § 36-622 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 622
36-622 Report by hotel keepers of contagious diseases
Status: in_force

36-622. Report by hotel keepers of contagious diseases

The keeper of a private house, boarding house, lodging house, inn or hotel shall report in writing to the local board of health or health department within whose jurisdiction such occurs, each case of contagious, infectious or epidemic disease in his establishment. Such report shall be made within twenty-four hours after existence of the disease is known and shall include the name of persons afflicted and the nature of the disease.
A.R.S. § 36-2518 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2518
36-2518 Schedule exemptions; rules
Status: in_force

36-2518. Schedule exemptions; rules

The rules adopted by the board pursuant to sections 36-2512, 36-2513, 36-2514, 36-2515 and 36-2516 may not include any material, compound, mixture or preparation that contains any quantity of a controlled substance and that is listed as an exempt substance in 21 Code of Federal Regulations section 1308.22, 1308.24, 1308.26, 1308.32 or 1308.34.
A.R.S. § 36-2232 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2232
36-2232 Director; powers and duties; regulation of ambulance services; inspections; response time compliance; mileage rate calculation factors
Status: in_force

36-2232. Director; powers and duties; regulation of ambulance services; inspections; response time compliance; mileage rate calculation factors

A. The director shall adopt rules to regulate the operation of ambulances and ambulance services in this state.  Each rule shall identify all sections and subsections of this chapter under which the rule was formulated. The rules shall provide for the department to do the following:

1. Consistent with the requirements of subsection H of this section, determine, fix, alter and regulate just, reasonable and sufficient rates and charges for the provision of ambulances, including rates and charges for advanced life support service, basic life support service, patient loaded mileage, standby waiting, subscription service contracts and other contracts for services related to the provision of ambulances. The director shall inform all ambulance services of the procedures and methodology used to determine ambulance rates or charges.

2. Ensure evidence-based quality patient care is the priority for decision-making.

3. Regulate operating and response times of ambulances to meet the needs of the public and to ensure adequate service. The rules adopted by the director for certificated ambulance service response times shall include uniform standards for urban, suburban, rural and wilderness geographic areas within the certificate of necessity based on, at a minimum, population density and geographic and medical considerations.  The calculation of response times shall begin when the public safety answering point contacts an ambulance service for dispatch and conclude when the ambulance service arrives at the dispatched location.  On-scene arrival times for response time measurement shall be documented by the ambulance service using dispatch or global positioning system data, or a combination of both, and kept on file. Response time data that is compliant with the health insurance portability and accountability act of 1996 shall be filed annually with the department. When dispatch or global positioning system connectivity is not available, the ambulance service shall manually document on-scene arrival times for response time measurement. The response time data shall be filed in a department-approved format, and the department shall make the response time data publicly available.

4. Review response times established pursuant to paragraph 3 of this subsection with the ambulance service and update the response times based on, at a minimum, population density and geographic and medical considerations, and the financial impact on rates and charges, every six years. One additional review each six-year period may be requested by a city, town, fire district or fire authority whose jurisdictional boundaries in whole or in part are within the service area of a certificate of necessity or an existing certificate of necessity holder within the service area of the certificate of necessity.

5. Determine, fix, alter and regulate bases of operation. The director may issue a certificate of necessity to more than one ambulance service within any base of operation. For the purposes of this paragraph, "base of operation" means a service area granted under a certificate of necessity.

6. Issue, amend, transfer, suspend or revoke certificates of necessity under terms consistent with this article.

7. Prescribe a uniform system of accounts to be used by ambulance services that conforms to standard accounting forms and principles for the ambulance industry and generally accepted accounting principles.

8. Require the filing of an annual financial report and other data.  These rules shall require an ambulance service to file the report with the department not later than one hundred eighty days after the completion of its annual accounting period.

9. Regulate ambulance services in all matters affecting services to the public to the end that this article may be fully carried out.

10. Prescribe bonding requirements, if any, for ambulance services granted authority to provide any type of subscription service.

11. Offer technical assistance to ambulance services to ensure compliance with the rules.

12. Offer technical assistance to ambulance services in order to obtain or to amend a certificate of necessity.

13. Inspect, at a maximum of twelve-month intervals, each ambulance registered pursuant to section 36-2212 to ensure that the vehicle is operational and safe and that all required medical equipment is operational. At the request of the provider, the inspection may be performed by a facility approved by the director. If a provider requests that the inspection be performed by a facility approved by the director, the provider shall pay the cost of the inspection.

B. The director may require any ambulance service offering subscription service contracts to obtain a bond in an amount determined by the director that is based on the number of subscription service contract holders and to file the bond with the director to protect all subscription service contract holders in this state who are covered under that subscription contract.

C. An ambulance service shall:

1. Maintain, establish, add, move or delete suboperation stations within its base of operation to ensure that the ambulance service meets the established response times or those approved by the director in a political subdivision contract.

2. Determine the operating hours of its suboperation stations to provide for coverage of its base of operation.

3. Provide the department with a list of suboperation station locations.

4. Notify the department not later than thirty days after the ambulance service makes a change in the number or location of its suboperation stations.

5. Beginning January 1, 2024, install and maintain an electronic global positioning system monitoring device in each vehicle that is used for transport to record on-scene arrival times for response time measurement. The department shall provide a waiver on a department-approved form to an ambulance service that can reasonably demonstrate it is unable to meet the requirements of this paragraph.

D. At any time, the director or the director's agents may:

1. Inquire into the operation of an ambulance service, including a person operating an ambulance that has not been issued a certificate of registration or a person who does not have or is operating outside of a certificate of necessity.

2. Conduct on-site inspections of facilities, communications equipment, vehicles, procedures, materials and equipment.

3. Review the qualifications of ambulance attendants.

E. If all ambulance services that have been granted authority to operate within the same service area or that have overlapping certificates of necessity apply for uniform rates and charges, the director may establish uniform rates and charges for the service area.

F. In consultation with the medical director of the emergency medical services and trauma system, the emergency medical services council and the medical direction commission, the director of the department of health services shall establish protocols for ambulance services to refer and advise a patient or transport a patient by the most appropriate means to the most appropriate provider of medical services based on the patient's condition. The protocols shall include triage and treatment protocols that allow all classifications of emergency medical care technicians responding to a person who has accessed 911, or a similar public dispatch number, for a condition that does not pose an immediate threat to life or limb to refer and advise a patient or transport a patient to the most appropriate health care institution as defined in section 36-401 based on the patient's condition, taking into consideration factors including patient choice, the patient's health care provider, specialized health care facilities and local protocols.

G. The director, when reviewing an ambulance service's response time compliance with its certificate of necessity, shall consider in addition to other factors the effect of hospital diversion, delayed emergency department admission and the number of ambulances engaged in response or transport in the affected area.

H. The department shall incorporate all of the following factors when calculating the proposed mileage rate:

1. The cost of licensure and registration of each ground ambulance vehicle.

2. The cost of fuel.

3. The cost of ground ambulance vehicle maintenance.

4. The cost of ground ambulance vehicle repair.

5. The cost of tires.

6. The cost of ground ambulance vehicle insurance.

7. The cost of mechanic wages, benefits and payroll taxes.

8. The cost of loan interest related to the ground ambulance vehicles.

9. The cost of the weighted allocation of overhead.

10. The cost of ground ambulance vehicle depreciation.

11. The cost of reserves for replacement of ground ambulance vehicles and equipment.
A.R.S. § 36-777 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 777
36-777 Health care adjustment account
Status: in_force

36-777. Health care adjustment account

(Caution:  1998 Prop. 105 applies)

A. The health care adjustment account is established consisting of monies deposited pursuant to section 36-770. The department of revenue shall administer the account.

B. The department of revenue shall transfer appropriate amounts of account monies to the health education account established by section 36-772, the health research account established by section 36-773 and the medically needy account established by section 36-774 to compensate for decreases in these accounts due to lower tobacco tax revenues available under section 36-771 as a result of the levy of luxury taxes that are dedicated to the tobacco products tax fund pursuant to section 42-3251.01.

C. Any monies in the account in excess of the amount needed for the adjustments prescribed in this section revert to the tobacco products tax fund for distribution in equal amounts to the accounts described in section 36-770, subsections B, C, D and E.
A.R.S. § 36-883.03 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 883.03
36-883.03 Employer-subsidized child care; immunity from liability
Status: in_force

36-883.03. Employer-subsidized child care; immunity from liability

A. An employer that subsidizes child care on a nondiscriminatory basis to its employees through a child care facility licensed pursuant to this article or through a person or facility exempt from licensure pursuant to this article but screened pursuant to section 41-1964 or 46-321 is not liable for damages as a result of an act or omission by the child care facility, person or exempt facility unless the employer is guilty of gross negligence in recommending the child care facility, person or facility or unless the employer is acting as the owner or has an ownership interest in or is an operator of the child care facility or exempt facility.

B. For purposes of this section, an employer is deemed to be subsidizing an employee's child care costs if the employer pays, either directly or indirectly, at least twenty-five per cent of the cost of the child care service rendered to the employee by the child care facility, person or exempt facility described in subsection A of this section.
A.R.S. § 36-495.04 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.04
36-495.04 Laboratory director; duties
Status: in_force

36-495.04. Laboratory director; duties

The director of an environmental laboratory shall:

1. Ensure that all services and tests provided by the laboratory are performed in compliance with this chapter or rules adopted pursuant to this chapter.

2. Direct and supervise services and tests provided by the laboratory and be responsible for the work of all personnel in the laboratory.

3. Be responsible for safety and hazardous substance control in the laboratory.
A.R.S. § 36-765.04 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.04
36-765.04 Investigations; evidence
Status: in_force

36-765.04. Investigations; evidence

The director may investigate information that indicates a person may be violating this article. In connection with an investigation, the director may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a community health worker pursuant to the requirements of this article.
A.R.S. § 36-723 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 723
36-723 Investigation of tuberculosis cases
Status: in_force

36-723. Investigation of tuberculosis cases

A. When a local health officer is notified that an afflicted person is within the officer's jurisdiction, the local health officer shall immediately initiate an investigation. In performance of the duty to prevent or control tuberculosis, the tuberculosis control officer or local health officer at reasonable times and within reasonable limits may enter and inspect:

1. A public place in the performance of that person's duty to prevent or control tuberculosis. For the purposes of this paragraph, "public place" means all or any portion of an area, lands, building or other structure that is generally open to the public or to which the public has access and is not used primarily for private residential purposes.

2. Any public or commercial means of transportation or common carrier, including a vehicle, watercraft or aircraft in the performance of that person's duty to prevent or control tuberculosis.

3. Private property and premises to locate and inspect persons who may be afflicted persons. The tuberculosis control officer or the local health officer shall first identify the officer to an occupant of the building or premises and shall seek the consent of an adult occupant to enter the building or premises to enforce the provisions of this article. If consent is refused or if it is not possible to reasonably obtain consent, the tuberculosis control officer, the local health officer or a designated representative may obtain a search warrant to enter the building or premises to locate the afflicted person and to inspect the building or premises for other persons who may be at risk of exposure to active tuberculosis. The scope of the search shall be limited to those areas in which the afflicted person or other persons who may be at risk of exposure to active tuberculosis may reasonably be found. Any search warrant sought by the tuberculosis control officer or local health officer shall be obtained in compliance with section 13-3912.

B. A local health officer who conducts an investigation pursuant to this article shall immediately notify the tuberculosis control officer of the existence and nature of the disease and of the measures taken to control tuberculosis. The local health officer shall keep the tuberculosis control officer informed of the prevalence of the disease as prescribed by the department.

C. The tuberculosis control officer may take charge of the investigation and suppression of a suspected or actual case, outbreak or epidemic of tuberculosis if the officer reasonably believes that the public health and welfare require this action. In that event the control officer or the control officer's designee has exclusive authority over the case, outbreak or epidemic.

D. A treating, screening or attending health care provider as defined in section 36-661, a clinical laboratory as defined in section 36-451 or an operator of a homeless shelter who knows of an afflicted person shall notify the tuberculosis control officer or the local health officer and cooperate in any investigation conducted as a result of the notification. The notification shall include, if known, the name, address and physical location of an afflicted person. If the person reporting is a licensed physician, the physician shall report on the condition of the afflicted person and the status of the disease as often as required by the tuberculosis control officer or the local health officer.

E. An institution or health care provider shall promptly report to the tuberculosis control officer or the local health officer if an afflicted person ceases or refuses to accept treatment or fails or refuses to comply with medical recommendations for voluntary examination, isolation, monitoring, quarantine or treatment for active tuberculosis. The initial disease notification report and subsequent reports shall include if known the afflicted person's name, address and physical location, date of birth, tuberculin skin test results and pertinent radiologic, microbiologic and pathologic reports, whether final or pending, and any other information as required by the tuberculosis control officer or the local health officer.
A.R.S. § 36-3502 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3502
36-3502 Local child fatality review teams; members; duties
Status: in_force

36-3502. Local child fatality review teams; members; duties

A. Local child fatality review teams shall abide by the standards and protocol for local child fatality review teams developed by the state team and must have prior authorization from the state team to conduct reviews. Local teams shall be composed of the head of the following departments, agencies or associations, or that person's designee:

1. County medical examiner.

2. Department of child safety.

3. County health department.

B. The chairperson of the state child fatality review team shall appoint the following members of the local team:

1. A domestic violence specialist.

2. A mental health specialist.

3. A pediatrician who is certified by the American board of pediatrics or a family physician who is certified by the American board of family medicine. The pediatrician or family physician shall also be licensed in this state.

4. A person from a local law enforcement agency.

5. A person from a local prosecutor's office.

6. A parent.

C. Local child fatality review teams shall:

1. Designate a team chairperson who shall review the death certificates of all children who die within the team's jurisdiction and call meetings of the local team when necessary.

2. Assist the state team in collecting relevant data.

3. Submit written reports to the state team as directed by that team. These reports shall include nonidentifying information on individual cases and steps taken by the local team to implement necessary changes and improve the coordination of services and investigations.
A.R.S. § 36-861 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 861
36-861 Medical examiner; release of information
Status: in_force

36-861. Medical examiner; release of information

A. The county medical examiner or individual legally delegated that authority shall release the name, contact information and available medical and social history of a decedent whose body is under the jurisdiction of the medical examiner to:

1. The designated procurement organization, hospital, accredited medical school, dental school, college or university of an anatomical gift executed pursuant to section 36-844.

2. Any procurement organization under procedures adopted by the medical examiner for coordination of the procurement of anatomical gifts.

B. If the decedent's body or part is medically suitable for transplantation, therapy, research or education, the medical examiner, or individual legally delegated that authority, shall release postmortem examination results to a procurement organization. The procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from the medical examiner only if relevant to transplantation or therapy.
A.R.S. § 36-798.03 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.03
36-798.03 Tobacco products prohibition at schools and school-related areas; exception; violation; classification
Status: in_force

36-798.03. Tobacco products prohibition at schools and school-related areas; exception; violation; classification

A. Tobacco products are prohibited on school grounds, inside school buildings, in school parking lots or playing fields, in school buses or vehicles or at off-campus school sponsored events. For purposes of this subsection, "school" means any public, charter or private school where children attend classes in kindergarten programs or grades one through twelve.

B. Subsection A of this section does not apply to an adult who employs tobacco products as a necessary component of a school sanctioned tobacco prevention or cessation program established pursuant to section 15-712.

C. A person who violates this section is guilty of a petty offense.
A.R.S. § 36-2202.01 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2202.01
36-2202.01 Test administration
Status: in_force

36-2202.01. Test administration

The test for certification or recertification, pursuant to section 36-2202, may be administered by the department or one of the following approved by the director:

1. Representatives appointed by the director in consultation with the medical director of the emergency medical services and trauma system.

2. A testing facility.

3. An emergency medical services provider or ambulance service provider that has a training or education program. Emergency medical service providers or ambulance service providers may enter into contracts or intergovernmental agreements with other public entities for the purposes of emergency medical care technician testing and recertification testing. The training or education program must be staffed by at least three full-time persons who provide education and training to emergency services personnel. Two of these persons must be certified at a minimum of emergency medical care technician or higher and at least one person must be a paramedic or a registered nurse licensed pursuant to title 32, chapter 15. The medical director of an emergency medical training or education program must be a physician licensed pursuant to title 32, chapter 13 or 17.
A.R.S. § 36-501 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 501
36-501 Definitions
Status: in_force

36-501. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Admitting officer" means a psychiatrist or other physician or psychiatric and mental health nurse practitioner with experience in performing psychiatric examinations who has been designated as an admitting officer of the evaluation agency by the person in charge of the evaluation agency.

3. "Authorized transporter" means a transportation entity that is contracted with a city, town or county to provide services pursuant to this chapter and that is either:

(a) An ambulance service that holds a valid certificate of necessity.

(b) A transportation provider authorized by this state to provide safe behavioral health transportation for individuals requiring transportation pursuant to this chapter.

4. "Chief medical officer" means the chief medical officer under the supervision of the superintendent of the state hospital.

5. "Contraindicated" means that access is reasonably likely to endanger the life or physical safety of the patient or another person.

6. "Court" means the superior court in the county in this state in which the patient resides or was found before screening or emergency admission under this title.

7. "Criminal history" means police reports, lists of prior arrests and convictions, criminal case pleadings and court orders, including a determination that the person has been found incompetent to stand trial pursuant to section 13-4510.

8. "Danger to others" means that the judgment of a person who has a mental disorder is so impaired that the person is unable to understand the person's need for treatment and as a result of the person's mental disorder the person's continued behavior can reasonably be expected, on the basis of competent medical opinion, to result in serious physical harm.

9. "Danger to self":

(a) Means behavior that, as a result of a mental disorder:

(i) Constitutes a danger of inflicting serious physical harm on oneself, including attempted suicide or the serious threat thereof, if the threat is such that, when considered in the light of its context and in light of the individual's previous acts, it is substantially supportive of an expectation that the threat will be carried out.

(ii) Without hospitalization will result in serious physical harm or serious illness to the person.

(b) Does not include behavior that establishes only the condition of having a grave disability.

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

11. "Detention" means the taking into custody of a patient or proposed patient.

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

13. "Evaluation" means:

(a) A professional multidisciplinary analysis that may include firsthand observations or remote observations by interactive audiovisual media and that is based on data describing the person's identity, biography and medical, psychological and social conditions carried out by a group of persons consisting of at least the following:

(i) Two licensed physicians who are qualified psychiatrists, if possible, or at least experienced in psychiatric matters, who shall examine and report their findings independently.  The person against whom a petition has been filed shall be notified that the person may select one of the physicians. A psychiatric resident in a training program approved by the American medical association or by the American osteopathic association may examine the person in place of one of the psychiatrists if the resident is supervised in the examination and preparation of the affidavit and testimony in court by a qualified psychiatrist appointed to assist in the resident's training, and if the supervising psychiatrist is available for discussion with the attorneys for all parties and for court appearance and testimony if requested by the court or any of the attorneys.

(ii) Two other individuals, one of whom, if available, is a psychologist and in any event a social worker familiar with mental health and human services that may be available placement alternatives appropriate for treatment. An evaluation may be conducted on an inpatient basis, an outpatient basis or a combination of both, and every reasonable attempt shall be made to conduct the evaluation in any language preferred by the person.

(b) A physical examination that is consistent with the existing standards of care and that is performed by one of the evaluating physicians or by or under the supervision of a physician who is licensed pursuant to title 32, chapter 13 or 17 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 if the results of that examination are reviewed or augmented by one of the evaluating physicians.

14. "Evaluation agency" means either of the following:

(a) A health care agency that is licensed by the department and that has been approved pursuant to this title to provide the services required of that agency by this chapter.

(b) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that has been approved pursuant to this title to provide the services required of that facility by this chapter.

15. "Family member" means a spouse, parent, adult child, adult sibling or other blood relative of a person undergoing treatment or evaluation pursuant to this chapter.

16. "Grave disability" means a condition evidenced by behavior in which a person, as a result of a mental disorder, is likely to come to serious physical harm or serious illness because the person is unable to provide for the person's own basic physical needs.

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

18. "Health care entity" means a health care provider, the department, the administration or a regional behavioral health authority that is under contract with the administration.

19. "Health care provider" means a health care institution as defined in section 36-401 that is licensed as a behavioral health provider pursuant to department rules or a mental health provider.

20. "Independent evaluator" means a licensed physician, psychiatric and mental health nurse practitioner or psychologist who is selected by the person to be evaluated or by the person's attorney.

21. "Informed consent" means a voluntary decision following presentation of all facts necessary to form the basis of an intelligent consent by the patient or guardian with no minimizing of known dangers of any procedures.

22. "Least restrictive treatment alternative" means the treatment plan and setting that infringe in the least possible degree with the patient's right to liberty and that are consistent with providing needed treatment in a safe and humane manner.

23. "Licensed physician" means any medical doctor or doctor of osteopathy who is either:

(a) Licensed in this state.

(b) A full-time hospital physician licensed in another state and serving on the staff of a hospital operated or licensed by the United States government.

24. "Medical director of an evaluation agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and may include the chief medical officer of the state hospital.

25. "Medical director of a mental health treatment agency" means a psychiatrist, or other licensed physician experienced in psychiatric matters, who is designated in writing by the governing body of the agency as the person in charge of the medical services of the agency for the purposes of this chapter and includes the chief medical officer of the state hospital.

26. "Mental disorder" means a substantial disorder of the person's emotional processes, thought, cognition or memory. Mental disorder is distinguished from:

(a) Conditions that are primarily those of drug abuse, alcoholism or intellectual disability, unless, in addition to one or more of these conditions, the person has a mental disorder.

(b) The declining mental abilities that directly accompany impending death.

(c) Character and personality disorders characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute unless the behavior results from a mental disorder.

27. "Mental health provider" means any physician or provider of mental health or behavioral health services who is involved in evaluating, caring for, treating or rehabilitating a patient.

28. "Mental health treatment agency" means any of the following:

(a) The state hospital.

(b) A health care agency that is licensed by the department and that provides the services that are required of the agency by this chapter.

(c) A facility that is exempt from licensure pursuant to section 36-402, that possesses an accreditation from either a national commission on correctional health care or an American correctional association and that provides the services that are required of the facility by this chapter.

29. "Outpatient treatment" or "combined inpatient and outpatient treatment" means any treatment program not requiring continuous inpatient hospitalization.

30. "Outpatient treatment plan" means a treatment plan that does not require continuous inpatient hospitalization.

31. "Patient" means any person who is undergoing examination, evaluation or behavioral or mental health treatment under this chapter.

32. "Peace officers" means sheriffs of counties, constables, marshals and policemen of cities and towns.

33. "Persistent or acute disability" means a severe mental disorder that meets all the following criteria:

(a) Significantly impairs judgment, reason, behavior or capacity to recognize reality.

(b) If not treated, has a substantial probability of causing the person to suffer or continue to suffer severe and abnormal mental, emotional or physical harm.

(c) Substantially impairs the person's capacity to make an informed decision regarding treatment, and this impairment causes the person to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages and alternatives are explained to that person.

(d) Has a reasonable prospect of being treatable by outpatient, inpatient or combined inpatient and outpatient treatment.

34. "Prepetition screening" means the review of each application requesting court-ordered evaluation, including an investigation of facts alleged in the application, an interview with each applicant and an interview, if possible, with the proposed patient. The purpose of the interview with the proposed patient is to assess the problem, explain the application and, when indicated, attempt to persuade the proposed patient to receive, on a voluntary basis, evaluation or other services.

35. "Prescribed form" means a form established by a court or the rules of the administration in accordance with the laws of this state.

36. "Professional" means a physician who is licensed pursuant to title 32, chapter 13 or 17, a psychologist who is licensed pursuant to title 32, chapter 19.1 or a psychiatric and mental health nurse practitioner who is certified pursuant to title 32, chapter 15.

37. "Proposed patient" means a person for whom an application for evaluation has been made or a petition for court-ordered evaluation has been filed.

38. "Prosecuting agency" means the county attorney, attorney general or city attorney who applied or petitioned for an evaluation or treatment pursuant to this chapter.

39. "Psychiatric and mental health nurse practitioner" means a registered nurse practitioner as defined in section 32-1601 who has completed an adult or family psychiatric and mental health nurse practitioner program and who is certified as an adult or family psychiatric and mental health nurse practitioner by the state board of nursing.

40. "Psychiatrist" means a licensed physician who has completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association.

41. "Psychologist" means a person who is licensed under title 32, chapter 19.1 and who is experienced in the practice of clinical psychology.

42. "Records" means all communications that are recorded in any form or medium and that relate to patient examination, evaluation or behavioral or mental health treatment.  Records include medical records that are prepared by a health care provider or other providers. Records do not include:

(a) Materials that are prepared in connection with utilization review, peer review or quality assurance activities, including records that a health care provider prepares pursuant to section 36-441, 36-445, 36-2402 or 36-2917.

(b) Recorded telephone and radio calls to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity.

43. "Regional behavioral health authority" has the same meaning prescribed in section 36-3401.

44. "Screening agency" means a health care agency that is licensed by the department and that provides those services required of the agency by this chapter.

45. "Social worker" means a person who has completed two years of graduate training in social work in a program approved by the council of social work education and who has experience in mental health.

46. "State hospital" means the Arizona state hospital.

47. "Superintendent" means the superintendent of the state hospital.

48. "Voluntary evaluation" means the ongoing collection and analysis of a person's medical, psychological, psychiatric and social conditions in order to initially determine if a health disorder exists and if there is a need for behavioral health services and, on an ongoing basis, to ensure that the person's service plan is designed to meet the person's and the person's family's current needs and long-term goals.
A.R.S. § 36-1945 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1945
36-1945 Commission for the deaf and the hard of hearing fund; gifts and donations; annual report
Status: in_force

36-1945. Commission for the deaf and the hard of hearing fund; gifts and donations; annual report

A. The commission for the deaf and the hard of hearing fund is established consisting of fees, penalties and any legislative appropriations. The commission shall administer the fund.  Monies in the fund are subject to legislative appropriation.

B. The commission may accept and spend federal monies and private grants, gifts, contributions and devises to assist in carrying out the purposes of this chapter.  These monies do not revert to the state general fund at the end of a fiscal year.

C. The commission shall submit an annual report to the governor on all monies accepted by the commission pursuant to subsection B, the names of the donors and the respective amounts contributed and the amount of all disbursements from the fund.
A.R.S. § 36-2806.02 — Arizona Code / Title 36 / Chapter 28.1 / Section 2806.02
36-2806.02 Dispensing marijuana for medical use
Status: in_force

36-2806.02. Dispensing marijuana for medical use

(Caution:  1998 Prop. 105 applies)

A. Before marijuana may be dispensed to a registered designated caregiver or a registered qualifying patient, a nonprofit medical marijuana dispensary agent must access the verification system and determine for the registered qualifying patient for whom the marijuana is intended and any registered designated caregiver transporting the marijuana to the patient, that:

1. The registry identification card presented to the registered nonprofit medical marijuana dispensary is valid.

2. Each person presenting a registry identification card is the person identified on the registry identification card presented to the nonprofit medical marijuana dispensary agent.

3. The amount to be dispensed would not cause the registered qualifying patient to exceed the limit on obtaining no more than two-and-one-half ounces of marijuana during any fourteen-day period.

B. After making the determinations required in subsection A, but before dispensing marijuana to a registered qualifying patient or a registered designated caregiver on a registered qualifying patient's behalf, a nonprofit medical marijuana dispensary agent must enter the following information in the verification system:

1. How much marijuana is being dispensed to the registered qualifying patient.

2. Whether it was dispensed directly to the registered qualifying patient or to the registered qualifying patient's registered designated caregiver.

3. The date and time the marijuana was dispensed.

4. The registry identification card number of the nonprofit medical marijuana dispensary and of the nonprofit medical marijuana dispensary agent who dispensed the marijuana.
A.R.S. § 36-796.08 — Arizona Code / Title 36 / Chapter 6 / Article 11 / Section 796.08
36-796.08 Violation; classification
Status: in_force

36-796.08. Violation; classification

A person who violates any provision of this article is guilty of a class 2 misdemeanor.
A.R.S. § 36-2607 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2607
36-2607 Disciplinary action
Status: in_force

36-2607. Disciplinary action

A. The registrant's professional licensing board may revoke or suspend a registrant's registration or may place the registrant on probation for any of the following:

1. The registrant's professional licensing board determines that the registration was obtained by fraudulent means.

2. The registrant's professional licensing board takes action to revoke, suspend or place on probation the registrant's license, permit or registration to prescribe or dispense drugs.

3. The registration was issued through error.

4. The registrant knowingly files with the board any application, renewal or other document that contains false or misleading information or the registrant gives false or misleading testimony to the board.

5. The registrant knowingly makes a false report or record required by this article.

6. A registrant that dispenses controlled substances does not resolve discrepancies submitted to the program's central database tracking system within thirty business days after being notified of the error by the board.

7. A registrant that dispenses controlled substances does not resolve a failed attempt or missing transmission to the program's central database tracking system within thirty business days after the occurrence.

B. The board may deny a registration to an applicant for the grounds prescribed in subsection A of this section.

C. In addition to any other law, a licensed or permitted medical practitioner, pharmacist or pharmacy that fails to comply with the requirements of this article is subject to disciplinary action by the medical practitioner's, pharmacist's or pharmacy's professional licensing board. The board of pharmacy shall report to the appropriate professional licensing board the failure of a licensed or permitted medical practitioner, pharmacist or pharmacy to comply with the requirements of this article.
A.R.S. § 36-788 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 788
36-788 Isolation and quarantine during a state of emergency or state of war emergency
Status: in_force

36-788. Isolation and quarantine during a state of emergency or state of war emergency

A. During a state of emergency or state of war emergency as declared pursuant to section 36-787, the department or local health authority must initiate an investigation if that agency has reasonable cause to believe that a highly contagious and fatal disease exists within its jurisdiction.  Subject to the provisions of this article, persons who have contracted the disease or who have been exposed to the disease may be subject to isolation and quarantine if the director determines that quarantine is the least restrictive means by which the public can be protected from transmission of the disease, due to the nature of the disease and available preventive measures, or refusal by an individual to accept less restrictive measures to prevent disease transmission.  Diseases for which isolation and quarantine may be ordered do not include acquired immune deficiency syndrome or other infection caused by the human immunodeficiency virus.

B. The department or local health authority may, during the state of emergency or state of war emergency declared by the governor, do the following:

1. Establish and maintain places of isolation and quarantine, which may include the residence of the person quarantined.

2. Require isolation or quarantine of any person by the least restrictive means necessary to protect the public health.  The department or local health authority shall use all reasonable means to prevent the transmission of disease among the isolated or quarantined persons.

C. The department, a county health department or a public health services district shall ensure, to the extent possible, that the premises in which a person is isolated or quarantined is maintained in a safe and hygienic manner and is designed to minimize the likelihood of further transmission of disease or other harm to a person subject to isolation or quarantine.  Adequate food, clothing, medication and other necessities, competent medical care and means of communicating with those in and outside these settings shall be made available.

D. A person subject to isolation or quarantine shall comply with the department's or local health authority's rules and orders, shall not go beyond the isolation or quarantine premises and shall not come in contact with any person not subject to isolation or quarantine other than a physician or other health care provider, department or local health authority or person authorized to enter an isolation or quarantine premises by the department or local health authority.

E. Other than a person authorized by the department or local health authority, a person shall not enter an isolation or quarantine premises.  If, by reason of an unauthorized entry into an isolation or quarantine premises, the person poses a danger to public health, the department, or local health authority may place the person in isolation or quarantine pursuant to this section or section 36-789.

F. The department, or local health authority must terminate isolation or quarantine of a person if it determines that the isolation or quarantine is no longer necessary to protect the public health.
A.R.S. § 36-118 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 118
36-118 Director's seal; authentication of records
Status: in_force

36-118. Director's seal; authentication of records

A. The director shall adopt a seal of office to be used to authenticate records and copies of records required to be made or kept by the department.

B. Records or copies of records authenticated with the director's seal shall be received in evidence in any proceeding without further proof of their authenticity.
A.R.S. § 36-2517.02 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2517.02
36-2517.02 United States food and drug administration; approved medication; rescheduling
Status: in_force

36-2517.02. United States food and drug administration; approved medication; rescheduling

(Conditionally Eff.)

Any pharmaceutical composition of crystalline polymorph psilocybin that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 United States Code sections 801 through 904) is a controlled substance for the purposes of this chapter and may be prescribed in this state.
A.R.S. § 36-729 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 729
36-729 Amended orders for intervention and transport of afflicted persons
Status: in_force

36-729. Amended orders for intervention and transport of afflicted persons

A. If the tuberculosis control officer or the local health officer determines that an afflicted person who is not currently detained is in need of immediate and acute intervention or care because the afflicted person's behavior is dangerous to another person or to the community, the tuberculosis control officer or the local health officer may issue a written or oral order to a sheriff or law enforcement officer that requires a health care provider, emergency medical services personnel, a physician, ambulance personnel, an ambulance service, guardian, conservator, parent, custodian, relative or friend to take the afflicted person to a location designated by the tuberculosis control officer or the local health officer.  A sheriff or law enforcement agency shall maintain custody of the afflicted person until the afflicted person is delivered to the institution or facility specified in the order or to an alternate institution or facility approved by the department, the tuberculosis control officer or the local health officer.

B. The afflicted person may be confined for not more than three business days after the afflicted person is taken to the institution, pending consideration by the court of an amended order sought under section 36-728, subsection G.

C. The tuberculosis control officer, local health officer or designated legal representative shall file a motion for an amended court order not later than three business days after confinement.
A.R.S. § 36-1484 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1484
36-1484 Certification of bonds by attorney general
Status: in_force

36-1484. Certification of bonds by attorney general

A. Any bonds to be issued under section 36-1481 may be submitted to the attorney general of the state after all proceedings for issuance of the bonds have been taken. Upon submission of the proceedings to the attorney general, he shall examine into and pass upon the validity of the bonds and the regularity of all proceedings in connection therewith.

B. If the proceedings conform to the provisions of this article and are otherwise regular in form, and if the bonds when delivered and paid for will constitute binding and legal obligations enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of the bonds that it is issued in accordance with the constitution and laws of the state.
A.R.S. § 36-2609 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2609
36-2609 Use of information; civil immunity
Status: in_force

36-2609. Use of information; civil immunity

A. An individual or entity that complies with the reporting requirements of section 36-2608 is not subject to civil liability or other civil relief for reporting the information to the board.

B. Unless a court of competent jurisdiction makes a finding of malice or criminal intent, the board, any other state agency or any person or entity in proper possession of information pursuant to this article is not subject to civil liability or other legal or equitable relief for any of the following acts or omissions:

1. Furnishing information pursuant to this article.

2. Receiving, using or relying on, or not using or relying on, information received pursuant to this article.

3. Information that was not furnished to the board.

4. Information that was factually incorrect or that was released by the board to the wrong person or entity.
A.R.S. § 36-1975 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1975
36-1975 Denial of licensure
Status: in_force

36-1975. Denial of licensure

The commission may refuse to issue or renew a license if the commission finds that any of the following is true:

1. The applicant committed fraud or misrepresentation in applying for a license in this state or another state.

2. The applicant was convicted of a felony offense or any other offense involving moral turpitude.

3. The applicant does not meet minimum qualifications as prescribed by this article.

4. The applicant was adjudicated insane or incompetent.

5. The applicant engaged in fraud, dishonesty or corruption on a certification examination in another state.
A.R.S. § 36-155 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 155
36-155 Personnel and equipment
Status: in_force

36-155. Personnel and equipment

The department may employ the necessary personnel, including nursing and supervisory personnel, and purchase equipment and materials necessary to maintain an effective program of home health services and to render such services.
A.R.S. § 36-787 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 787
36-787 Public health authority during state of emergency or state of war emergency; notices; appeals
Status: in_force

36-787. Public health authority during state of emergency or state of war emergency; notices; appeals

(L21, Ch. 405, sec. 11)

A. During a state of emergency or state of war emergency proclaimed by the governor in which there is an occurrence or imminent threat of an illness or health condition that is caused by bioterrorism, an epidemic or pandemic disease or a highly fatal infectious agent or biological toxin and that poses a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability, the department shall coordinate all matters pertaining to the public health emergency response of the state.  The department has primary jurisdiction, responsibility and authority for:

1. Planning and executing public health emergency assessment, mitigation, preparedness response and recovery for this state.

2. Coordinating public health emergency response among state, local and tribal authorities.

3. Collaborating with relevant federal government authorities, elected officials of other states, private organizations and private sector companies.

4. Coordinating recovery operations and mitigation initiatives subsequent to public health emergencies.

5. Organizing public information activities regarding state public health emergency response operations.

6. Establishing, in conjunction with applicable professional licensing boards, a process to grant a temporary waiver of the professional licensure requirements necessary to implement any measures required to adequately address the state of emergency or state of war emergency.

7. Granting temporary waivers of health care institution licensure requirements necessary to implement any measures required to adequately address the state of emergency or state of war emergency.

B. In addition to the authority provided in subsection A of this section, during a state of emergency or state of war emergency, the governor, in consultation with the director of the department of health services, may issue orders that:

1. Mandate medical examinations for exposed persons.

2. Ration medicine and vaccines.

3. Provide for transportation of medical support personnel and ill and exposed persons.

4. Provide for procurement of medicines and vaccines.

C. In addition to the authority provided in subsections A and B of this section, during a state of emergency or state of war emergency in which there is an occurrence or the imminent threat of smallpox, plague, viral hemorrhagic fevers or a highly contagious and highly fatal disease with transmission characteristics similar to smallpox, the governor, in consultation with the director of the department of health services, may issue orders that:

1. Mandate treatment or vaccination of persons who are diagnosed with an illness resulting from exposure or who are reasonably believed to have been exposed or who may reasonably be expected to be exposed. A person may refuse a vaccination required by this paragraph based on the person's personal beliefs.

2. Isolate and quarantine persons.

D. Law enforcement officials of this state and the national guard shall enforce orders issued by the governor under this section.

E. Diseases subject to this section do not include acquired immune deficiency syndrome or any other infection caused by the human immunodeficiency virus.

F. If during a state of emergency or state of war emergency the public health is not endangered, this title does not authorize the department or any of its officers or representatives to impose on any person against the person's will any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person. This title does not authorize the department or any of its officers or representatives to impose on any person contrary to the person's religious concepts any mode of treatment, provided that sanitary or preventive measures and quarantine laws are complied with by the person.

G. At the governor's direction, the department may use reasonable efforts to assist the persons and institutions affected by the state of emergency or state of war emergency proclaimed pursuant to this section in seeking reimbursement of costs incurred as a result of providing services related to implementing isolation and quarantine under this article to the extent these services are not otherwise subject to reimbursement.

H. This section does not allow the department, any other state agency or a city, town or county to permanently revoke any license held by a business or used to operate a business for not complying with an order issued by the governor pursuant to this section unless the department, other state agency, city, town or county can demonstrate by clear and convincing evidence that the business caused the transmission of the disease that is the subject of the order due to the business's wilful misconduct or gross negligence.

I. Before a state agency, city, town or county suspends or permanently revokes, pursuant to subsection H of this section, a license held by a business or used to operate a business, the state agency, city, town or county shall provide the business with both of the following:

1. A written notice of noncompliance delivered by personal service or certified mail.

2. A written notice of intent to suspend or permanently revoke the license at least thirty days after the date of the notice of noncompliance provided pursuant to paragraph 1 of this subsection.  The state agency, city, town or county shall present any new evidence of grounds for revocation in the written notice required by this paragraph. A business that receives a notice pursuant to this paragraph and disputes the claim shall respond to the state agency, city, town or county within twenty days after receiving the notice.

J. Any dispute relating to the suspension or permanent revocation of a license held by a business or used to operate a business shall be resolved by a court of competent jurisdiction in this state. A state agency, city, town or county may not suspend or permanently revoke a license held by a business or used to operate a business until the business has received both notices prescribed in subsection I of this section and all appeals have been exhausted. The court may award reasonable attorney fees and damages to a business in an action relating to the suspension or permanent revocation of a license held by a business or used to operate a business.
A.R.S. § 36-2821 — Arizona Code / Title 36 / Chapter 28.1 / Section 2821
36-2821 Medical marijuana testing advisory council; membership; duties; report; definitions
Status: in_force

36-2821. Medical marijuana testing advisory council; membership; duties; report; definitions

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

A. The director shall establish a medical marijuana testing advisory council to assist and make recommendations to the director regarding administering and implementing this chapter. The director or the director's designee shall serve as the chairperson of the advisory council and shall appoint the following additional members to the council:

1. The president or executive director of a statewide nonprofit association representing the marijuana dispensaries, or the person's designee.

2. The president or executive director of a statewide nonprofit cannabis testing association, or the person's designee.

3. The president or executive director of a medical marijuana trade association that does not primarily consist of dispensaries or cannabis laboratory testing facility owners, or the person's designee.

4. A representative of a nonprofit medical marijuana dispensary who is employed by the dispensary to cultivate medical marijuana and who has at least three years of medical marijuana cultivation experience.

5. A representative of an Arizona-based nonprofit medical marijuana dispensary that produces medical marijuana concentrates and that has been regularly sending products for testing who has at least three years of medical marijuana extraction experience.

6. A representative of an Arizona-based nonprofit medical marijuana dispensary that is primarily focused on producing medical marijuana edibles who has at least three years of medical marijuana edible production experience.

7. An owner of an Arizona-based cannabis testing laboratory.

8. A laboratory scientist who holds a doctorate or a bachelor of science degree and who has at least three years of experience in cannabis laboratory testing.

9. A registered qualifying patient.

10. A registered designated caregiver.

11. A representative of the department of public safety.

12. A licensed health care provider who specializes in treating substance use disorders and who has at least five years of experience.

13. One university faculty member from each university under the jurisdiction of the Arizona board of regents who is an academic appointment in the chemistry department or another related analytical lab testing area to function as independent subject matter experts.

14. A representative of a laboratory that conducts proficiency testing for laboratories in this state.

B. The medical marijuana testing advisory council shall make recommendations and consult with the director regarding:

1. Establishing a required testing program.

2. Testing and potency standards for medical marijuana.

3. Procedural requirements for collecting, storing and testing samples of medical marijuana.

4. Reporting results to patients and the department.

5. Remediation and disposal requirements for medical marijuana that fails to meet testing standards.

6. Additional items as necessary.

C. The advisory council shall annually review the marijuana testing programs under this chapter and chapter 28.2 of this title and, on or before the second Monday in January of each year, shall submit to the president of the senate, the speaker of the house of representatives, the health and human services committee chairpersons of the senate and the house of representatives and the department of health services a report that does not disclose any identifying information and that includes at least the following:

1. An assessment as to whether an analyte should be removed from the required statutory testing panel.

2. The number of statements of deficiencies relating to testing that were issued to each nonprofit medical marijuana dispensary, third-party independent laboratory, marijuana establishment and marijuana testing facility in the preceding year, the remediation efforts made to address each deficiency and the resolution of each statement of deficiency. The information may not disclose any identifying information but shall delineate the information by entity.

3. Any other recommendations on improving the testing programs.

D. Members of the advisory council are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. For the purposes of this section, "marijuana establishment" and "marijuana testing facility" have the same meanings prescribed in section 36-2850.
A.R.S. § 36-154 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 154
36-154 Limitation of authority regarding services and fees
Status: in_force

36-154. Limitation of authority regarding services and fees

The authority granted by this article is limited to services voluntarily rendered and voluntarily received, and shall not apply to services required by statute, regulation, or ordinance to be rendered or received. Fees authorized by this article to be charged shall not exceed the cost to the department or county departments of rendering the services.
A.R.S. § 36-1635 — Arizona Code / Title 36 / Chapter 13 / Article 2.1 / Section 1635
36-1635 Local ordinances
Status: in_force

36-1635. Local ordinances

This article does not supersede any city, town or county ordinance which is greater than the standards provided in this article, nor does this article prohibit such city, town or county from inspecting pursuant to the provisions of this article or its ordinances, provided any city, town or county which has adopted a local building code shall provide for an inspection program to enforce the provisions of this article or local ordinance if such ordinance provisions are at least equal to the provisions of this article covering safety glazing.
A.R.S. § 36-321 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 321
36-321 Information required for a certificate
Status: in_force

36-321. Information required for a certificate

A. The state registrar shall prescribe by rule the information required to be submitted to create or amend a vital record.

B. A person who submits a certificate for registration must make a reasonable effort to ensure that the information on the certificate is correct and accurate.

C. A certificate registered pursuant to this chapter must include an official state number and the date of registration.
A.R.S. § 36-3906 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3906
36-3906 Water supply
Status: in_force

36-3906. Water supply

A. Every children's camp shall be provided with a water supply of sufficient quantity to provide a minimum of five gallons per person per day to the camp site at a rate of two and one-half times the average hourly demand, and be of a safe sanitary quality, meeting the minimum standards of the department of environmental quality.

B. Cross flow or backflow connections with contaminated water supplies or other possible sources of contamination are prohibited.
A.R.S. § 36-425.05 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.05
36-425.05 Intermediate care facilities for individuals with intellectual disabilities; licensure
Status: in_force

36-425.05. Intermediate care facilities for individuals with intellectual disabilities; licensure

On or before January 1, 2020, an intermediate care facility for individuals with intellectual disabilities that is operated by the department of economic security or a private entity shall be licensed pursuant to this chapter and certified pursuant to 42 Code of Federal Regulations part 483, subpart I.
A.R.S. § 36-756.01 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 756.01
36-756.01 Investigations; right to examine evidence; subpoenas; confidentiality
Status: in_force

36-756.01. Investigations; right to examine evidence; subpoenas; confidentiality

A. The director may investigate information that indicates that a person is violating this article. In connection with an investigation, the department may examine and copy documents and other physical evidence wherever located that relate to the conduct or competency of a midwife pursuant to the requirements of this article.

B. Pursuant to an investigation or an administrative proceeding, the director may issue subpoenas to compel the testimony of witnesses or to demand the production of relevant documents and other physical evidence. If a person refuses to comply with a subpoena, the director may apply to the superior court for an order to compel compliance.

C. Patient records, including clinical records, medical reports, laboratory statements and reports, files, films and oral statements relating to patient examinations, findings and treatment, that are kept by the director pursuant to an investigation are not available to the public. The director shall keep confidential the names of patients whose records are reviewed during the course of an investigation or hearing.
A.R.S. § 36-535 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 535
36-535 Detention of proposed patient; time of hearing; released patient; intervention by department
Status: in_force

36-535. Detention of proposed patient; time of hearing; released patient; intervention by department

A. If, on the filing of a petition for court-ordered treatment, the patient is not then detained in an agency, the court shall order the detention of the patient in the agency that conducted the evaluation if the court determines that the patient is likely to present a danger to self or others before the conclusion of the hearing or is not likely to appear at the hearing on the petition if not detained. The court shall issue such orders as are necessary to provide for the apprehension, transportation and detention of the proposed patient. The court shall appoint counsel for the proposed patient if one has not been previously appointed.

B. The court shall order the hearing to be held within six business days after the petition is filed, except that, on good cause shown, the court may continue the hearing at the request of either party.  The hearing may be continued for a maximum of thirty days at the request of the proposed patient.  The hearing may be continued for a maximum of three business days at the request of the petitioner.  If the hearing is continued at the request of the petitioner and the proposed patient is involuntarily hospitalized, the proposed patient may request a hearing to determine whether the proposed patient should be involuntarily hospitalized during the continuation period.

C. If after reviewing the petition with its attached material and other evidence at hand the court finds that the patient is not, as a result of mental disorder, a danger to self or others or does not have a persistent or acute disability or a grave disability, the patient shall be released.

D. The department, acting on behalf of the state hospital, the administration or a regional behavioral health authority, may intervene as a party to the proceedings on any petition for court-ordered treatment and may appear as a party at the hearing on the petition by filing a written notice of intervention with the clerk of the superior court in the county in which the petition was filed, at any time before either the original time set for the hearing or the time to which the hearing is continued. The intervenor at the hearing may cross-examine any witnesses presented by other parties pursuant to section 36-539, may subpoena and present witnesses of its own, including physicians, and may present other evidence.  The intervenor, on stipulation with all other parties or on order of the court, may cause physicians to personally conduct mental status examinations of the proposed patient and to testify as to their opinions concerning whether the proposed 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 proposed patient requires treatment. This subsection applies in addition to all rules of evidence, the Arizona rules of civil procedure and section 36-539.
A.R.S. § 36-2990 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2990
36-2990 Quality of health care monitoring standard; development; adoption; use; additional monitoring; costs
Status: in_force

36-2990. Quality of health care monitoring standard; development; adoption; use; additional monitoring; costs

A. The administration shall develop standards of care that each contractor shall use to monitor the quality of health care received by members.

B. The director shall periodically determine whether each contractor has properly adopted and implemented standards to ensure the quality of health care. If the director determines that a contractor is out of compliance, the director shall undertake additional efforts to monitor and assess the quality of health care provided by that contractor for the period of time that the director deems necessary. The director shall determine the cost incurred in undertaking these special efforts and shall deduct that amount from any payment owed to the contractor.
A.R.S. § 36-2907.09 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.09
36-2907.09 Direct service contracts; reporting
Status: in_force

36-2907.09. Direct service contracts; reporting

(Conditionally Rpld.)

The director of the department of health services shall provide to the legislature the following information for services provided pursuant to sections 36-2907.06 and 36-2907.08:

1. The number of members served.

2. The number of encounters and the average cost for each encounter.

3. The number of services and the average cost for each service.

4. The actual year to date expenditures and projected annual expenditures.
A.R.S. § 36-186 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 186
36-186 Director of county health department; powers and duties
Status: in_force

36-186. Director of county health department; powers and duties

The director of a county health department shall:

1. Be the executive officer of the department.

2. Be the secretary of the board of health.

3. Keep a record of the proceedings of the board of health and of the director's official acts and submit a monthly written report to the department on these proceedings and acts.

4. Report to the department of health services when the health of persons is in danger or when any contagious or infectious disease occurs.

5. Enforce and observe the rules of the director of the department of health services, the director of the department of environmental quality and the local board of health, county rules and regulations concerning health, and laws of the state pertaining to the preservation of public health and protection of the environment.

6. Appoint necessary personnel in accordance with regulations of the county board of supervisors.

7. Submit an annual report to the local board of health, the county board of supervisors, each city in the county and the director of the department of health services.  The report shall set forth:

(a) The condition of public health in the county.

(b) Activities of the department during the preceding year.

(c) The character and extent of all diseases reported.

(d) Expenditures of the department.

(e) Such recommendations as the director of the county health department deems advisable for protection of the public health.

8. Enforce any law or ordinance enacted or adopted by the respective jurisdiction relating to public health, including laws and ordinances that relate to public businesses, rental properties and vacant properties.
A.R.S. § 36-3401 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3401
36-3401 Definitions
Status: in_force

36-3401. Definitions

In this chapter, unless the context otherwise requires:

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

2. "Advisory council" means the Arizona state advisory council on the seriously mentally ill.

3. "Children" means persons who are under the age of nineteen years or persons who are under the age of twenty-two years and enrolled in an educational facility.

4. "Clean claim" means a claim that can be processed without obtaining additional information from the service provider or from a third party. Clean claim does not include claims under investigation for fraud or abuse or claims under review for medical necessity.

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

6. "Regional behavioral health authority" means an organization under contract with the administration to coordinate the delivery of mental health services in a geographically specific service area of the state for eligible persons.

7. "Service provider" means an organization or mental health professional that meets the criteria established by the administration and has a contract with the administration or a regional behavioral health authority.
A.R.S. § 36-542 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 542
36-542 Discharge of patient at expiration of period ordered by court; change to voluntary status; immunity
Status: in_force

36-542. Discharge of patient at expiration of period ordered by court; change to voluntary status; immunity

A. A patient ordered by a court to undergo treatment pursuant to this article shall be discharged from treatment at the expiration of the period of treatment ordered unless one of the following occurs:

1. The person accepts voluntary treatment at the mental health treatment agency.

2. Before the discharge date, a new petition is filed in the county in which the patient is being treated. The proceedings shall then be governed by this article. The costs of the proceedings shall be a charge against the county in which the patient resided or was found prior to hospitalization.

3. An application for continued court-ordered treatment is granted pursuant to section 36-543.

B. If a patient to be discharged is under guardianship, the medical director of the mental health treatment agency shall notify the guardian ten days before discharge.

C. If a patient to be discharged is undergoing court-ordered treatment as a result of a petition filed by a prosecutor pursuant to section 13-4517 and the patient is being discharged because the medical director has decided not to file a new petition for court-ordered evaluation or treatment or has decided not to request the court to order that the previous order for treatment be continued, the patient may not be discharged or released from treatment before compliance with section 36-541.01.

D. The medical director is not civilly liable for any acts committed by a released or discharged patient if the medical director has in good faith followed the requirements of this article.
A.R.S. § 36-899.10 — Arizona Code / Title 36 / Chapter 7.2 / Article 2 / Section 899.10
36-899.10 Vision screening; administration; rules; notification; definitions
Status: in_force

36-899.10. Vision screening; administration; rules; notification; definitions

A. Each school shall provide vision screening services to the following:

1. Students upon initial entry to school and for not more than two additional grade levels as prescribed by the department by rule. A school, at the school's discretion, may provide vision screening services to students who are in grade levels that are not prescribed by rule.

2. Students who receive or are being considered for special education services and who have not been screened in the last year pursuant to this section.

3. Students for whom a teacher has requested a screening and who have not been screened in the last year pursuant to this section.

4. Students who are not reading at grade level by the third grade pursuant to the state assessment required in section 15-741, if the rules adopted by the department do not require screening in the third grade.

B. A school nurse, a volunteer or other school personnel who have undergone training developed or approved by the department shall administer the vision screenings except that those individuals who are trained to administer vision screenings before August 27, 2019 are not required to retrain pursuant to this subsection.

C. A vision screening conducted pursuant to this section does not satisfy a requirement for a medical professional to complete a vision screening of a child according to established guidelines for pediatric care.

D. The school district governing board or charter school governing body shall provide the vision screening results to the parent or guardian of each student who did not pass the vision screening within forty-five days after the vision screening and shall comply with all applicable privacy laws. The results shall identify that the student did not pass the vision screening and the need for a comprehensive eye and vision examination. The results shall state that a vision screening is not equivalent to a comprehensive eye and vision examination.

E. A school district governing board or charter school governing body providing vision screening services shall provide to the department annual data submissions in a department-approved format that complies with student privacy laws.

F. A student is not required to submit to any vision screening required by this section if a parent or guardian of the student objects and submits a statement of the objection to the school for any reason including that the student received a comprehensive eye and vision examination in the last year or if the student has a current diagnosis of permanent vision loss.

G. For the purposes of assisting and implementing the vision screening requirements established by this section, the department or its delegate, subject to available monies, may:

1. Develop and provide vision screening training to screeners designated in subsection B of this section.

2. Provide schools with materials the department determines by rule to be necessary for conducting vision screenings.

3. Compile any school vision screening data, with all individual identifying information removed, for review and analysis by researchers, public agencies or any foundation, nonprofit organization or other organization that provides free approved vision screening services or training, grants for vision screening services, eyeglasses or examinations.

H. The department of health services shall adopt rules pursuant to title 41, chapter 6 to carry out this section. The rules may not require materials and equipment specific to any one provider and shall include, where consistent with the requirements of this section, feedback from the public education programs required to implement the vision screenings.  Rules adopted to carry out subsection A of this section shall be done in consultation with the department of education, recognized nonprofit organizations that provide free vision screening services, training, grants for vision screening services, eyeglasses or examinations and ophthalmologists, optometrists, school nurses, pediatricians and school administrators.

I. The department may accept gifts, grants, donations, bequests and other forms of voluntary contributions for the purposes of this section.

J. For the purposes of this section:

1. "Comprehensive eye and vision examination" means a vision examination performed by an optometrist or ophthalmologist.

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

3. "School" means a school district or charter school that provides instruction in preschool or kindergarten programs and grades one through twelve, or any combination of those programs or grades.

4. "Vision screening" means using a vision screening methodology approved or prescribed by rules adopted by the department pursuant to this section that, as age appropriate, include the evaluation of visual acuity, depth perception and color vision and that may include refraction.

5. "Vision screening services" means services that include identifying, testing and evaluating a child's vision and identifying the need for follow-up services, as prescribed by rules adopted by the department pursuant to this section.

6. "Volunteer" includes any individual or member of a foundation, nonprofit organization or other organization that provides vision screenings and is invited to provide vision screenings by the school.