A.R.S. § 36-425 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425
36-425 Inspections; issuance of license; posting requirements; provisional license; denial of license
Status: in_force

36-425. Inspections; issuance of license; posting requirements; provisional license; denial of license

A. On receipt of a properly completed application for a health care institution license, the director shall conduct an inspection of the health care institution as prescribed by this chapter.  If an application for a license is submitted due to a planned change of ownership, the director shall determine the need for an inspection of the health care institution. Based on the results of the inspection and after the submission of the applicable licensing fee, the director shall either deny the license or issue a regular or provisional license.  A license issued by the department shall be posted in a conspicuous location in the reception area of that health care institution.

B. The director shall issue a license if the director determines that an applicant and the health care institution for which the license is sought substantially comply with the requirements of this chapter and rules adopted pursuant to this chapter and the applicant agrees to carry out a plan acceptable to the director to eliminate any deficiencies. The director shall not require a health care institution that was designated as a critical access hospital to make any modifications required by this chapter or rules adopted pursuant to this chapter in order to obtain an amended license with the same licensed capacity the health care institution had before it was designated as a critical access hospital if all of the following are true:

1. The health care institution has subsequently terminated its critical access hospital designation.

2. The licensed capacity of the health care institution does not exceed its licensed capacity before its designation as a critical access hospital.

3. The health care institution remains in compliance with the applicable codes and standards that were in effect at the time the facility was originally licensed with the higher licensed capacity.

C. A health care institution license does not expire and remains valid unless:

1. The department subsequently revokes or suspends the license.

2. The license is considered void because the licensee did not pay the licensing fee, civil penalties or provider agreement fees before the relevant due date or did not enter into an agreement with the department before the relevant due date to pay all outstanding fees or civil penalties.

D. Except as provided in section 36-424, subsection B and subsection E of this section, the department shall conduct a compliance inspection of a health care institution to determine compliance with this chapter and rules adopted pursuant to this chapter at least once annually.

E. If the department determines a facility, except for a residential care institution or a nursing care institution that does not have the same direct owner or indirect owner as a hospital licensed pursuant to this chapter, to be deficiency free on a compliance survey, the department shall not conduct a compliance survey of that facility for twenty-four months after the date of the deficiency free survey.  This subsection does not prohibit the department from enforcing licensing requirements as authorized by section 36-424.

F. A hospital licensed as a rural general hospital may provide intensive care services.

G. The director shall issue a provisional license for a period of not more than one year if an inspection or investigation of a currently licensed health care institution or a health care institution for which an applicant is seeking a license reveals that the health care institution is not in substantial compliance with department licensure requirements and the director believes that the immediate interests of the patients and the general public are best served if the health care institution is given an opportunity to correct deficiencies.  The applicant or licensee shall agree to carry out a plan to eliminate deficiencies that is acceptable to the director. The director shall not issue consecutive provisional licenses to a single health care institution. The director shall not issue a license to the current licensee or a successor applicant before the expiration of the provisional license unless the health care institution submits an application for a substantial compliance survey and is found to be in substantial compliance. The director may issue a license only if the director determines that the health care institution is in substantial compliance with the licensure requirements of the department and this chapter. This subsection does not prevent the director from taking action to protect the safety of patients pursuant to section 36-427.

H. Subject to the confidentiality requirements of articles 4 and 5 of this chapter, title 12, chapter 13, article 7.1 and section 12-2235, the licensee shall keep current department inspection reports at the health care institution. Unless federal law requires otherwise, the licensee shall post in a conspicuous location a notice that identifies the location at that health care institution where the inspection reports are available for review.

I. A health care institution shall immediately notify the department in writing when there is a change of the chief administrative officer specified in section 36-422, subsection A, paragraph 1, subdivision (g).

J. When the department issues an original license or an original provisional license to a health care institution, it shall notify the owners and lessees of any agricultural land within one-fourth mile of the health care institution.  The health care institution shall provide the department with the names and addresses of owners or lessees of agricultural land within one-fourth mile of the proposed health care institution.

K. In addition to the grounds for denial of licensure prescribed pursuant to subsection A of this section, the director may deny a license because an applicant or anyone in a business relationship with the applicant, including stockholders and controlling persons, has had a license to operate a health care institution denied, revoked or suspended or 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 denied, revoked or suspended or has a licensing history of recent serious violations occurring in this state or in another state that posed a direct risk to the life, health or safety of patients or residents.

L. In addition to the requirements of this chapter, the director may prescribe by rule other licensure requirements.
A.R.S. § 36-172 — Arizona Code / Title 36 / Chapter 1 / Article 3 / Section 172
36-172 Workforce data repository fund; exemption
Status: in_force

36-172. Workforce data repository fund; exemption

A. The workforce data repository fund is established consisting of legislative appropriations, fees collected pursuant to this article and private gifts, grants, donations and contributions.  The department shall administer the fund, and monies in the fund are continuously appropriated.  Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

B. The director may accept and spend private gifts, grants, donations and contributions to assist in carrying out the purposes of this article.  These monies do not revert to the state general fund at the end of the fiscal year.
A.R.S. § 36-2161 — Arizona Code / Title 36 / Chapter 20 / Article 2 / Section 2161
36-2161 Abortions; reporting requirements
Status: in_force

36-2161. Abortions; reporting requirements

A. A hospital or facility in this state where abortions are performed must submit to the department of health services on a form prescribed by the department a report of each abortion performed in the hospital or facility. The report shall not identify the individual patient by name or include any other information or identifier that would make it possible to identify, in any manner or under any circumstances, a woman who has obtained or sought to obtain an abortion.  The report must include the following information:

1. The name and address of the facility where the abortion was performed.

2. The type of facility where the abortion was performed.

3. The county where the abortion was performed.

4. The woman's age.

5. The woman's educational background by highest grade completed and, if applicable, level of college completed.

6. The county and state in which the woman resides.

7. The woman's race and ethnicity.

8. The woman's marital status.

9. The number of prior pregnancies and prior abortions of the woman.

10. The number of previous spontaneous terminations of pregnancy of the woman.

11. The gestational age of the unborn child at the time of the abortion.

12. The reason for the abortion, including at least one of the following:

(a) The abortion is elective.

(b) The abortion is due to maternal health considerations, including one of the following:

(i) A premature rupture of membranes.

(ii) An anatomical abnormality.

(iii) Chorioamnionitis.

(iv) Preeclampsia.

(v) Other.

(c) The abortion is due to fetal health considerations, including the fetus being diagnosed with at least one of the following:

(i) A lethal anomaly.

(ii) A central nervous system anomaly.

(iii) Other.

(d) The pregnancy is the result of a sexual assault.

(e) The pregnancy is the result of incest.

(f) The woman is being coerced into obtaining an abortion.

(g) The woman is a victim of sex trafficking.

(h) The woman is a victim of domestic violence.

(i) Other.

(j) The woman declined to answer.

13. The type of procedure performed or prescribed and the date of the abortion.

14. Any preexisting medical conditions of the woman that would complicate pregnancy.

15. Any known medical complication that resulted from the abortion, including at least one of the following:

(a) Shock.

(b) Uterine perforation.

(c) Cervical laceration requiring suture or repair.

(d) Heavy bleeding or hemorrhage with estimated blood loss of at least five hundred cubic centimeters.

(e) Aspiration or allergic response.

(f) Postprocedure infection.

(g) Sepsis.

(h) Incomplete abortion retaining part of the fetus requiring reevacuation.

(i) Damage to the uterus.

(j) Failed termination of pregnancy.

(k) Death of the patient.

(l) Other.

(m) None.

16. The basis for any medical judgment that a medical emergency existed that excused the physician from compliance with the requirements of this chapter.

17. The physician's statement if required pursuant to section 36-2301.01.

18. If applicable, the weight of the aborted fetus for any abortion performed pursuant to section 36-2301.01.

19. Whether a fetus or embryo was delivered alive as defined in section 36-2301 during or immediately after an attempted abortion and the efforts made to promote, preserve and maintain the life of the fetus or embryo pursuant to section 36-2301.

20. Statements by the physician and all clinical staff who observed the fetus or embryo during or immediately after the abortion certifying under penalty of perjury that, to the best of their knowledge, the aborted fetus or embryo was not delivered alive as defined in section 36-2301.

21. The medical specialty of the physician performing the abortion, including one of the following:

(a) Obstetrics-gynecology.

(b) General or family practice.

(c) Emergency medicine.

(d) Other.

22. The type of admission for the patient, including whether the abortion was performed:

(a) As an outpatient procedure in an abortion clinic.

(b) As an outpatient procedure at a hospital.

(c) As an inpatient procedure at a hospital.

(d) As an outpatient procedure at a health care institution other than an abortion clinic or hospital.

23. Whether anesthesia was administered to the mother.

24. Whether anesthesia was administered to the unborn child.

25. Whether any genetic abnormality of the unborn child was detected at or before the time of the abortion by genetic testing, such as maternal serum tests, or by ultrasound, such as nuchal translucency screening, or by other forms of testing.

26. If a surgical abortion was performed, the method of final disposition of bodily remains and whether the woman exercised her right to choose the final disposition of bodily remains.

B. The hospital or facility shall request the information specified in subsection A, paragraph 12 of this section at the same time the information pursuant to section 36-2153 is provided to the woman individually and in a private room to protect the woman's privacy. The information requested pursuant to subsection A, paragraph 12 of this section may be obtained on a medical form provided to the woman to complete if the woman completes the form individually and in a private room.

C. If the woman who is seeking the abortion discloses that the abortion is being sought because of a reason described in subsection A, paragraph 12, subdivision (d), (e), (f), (g) or (h) of this section, the hospital or facility shall provide the woman with information regarding the woman's right to report a crime to law enforcement and resources available for assistance and services, including a national human trafficking resource hotline.

D. The report must be signed by the physician who performed the abortion or, if a health professional other than a physician is authorized by law to prescribe or administer abortion medication, the signature and title of the person who prescribed or administered the abortion medication.  The form may be signed electronically and shall indicate that the person who signs the report is attesting that the information in the report is correct to the best of the person's knowledge. The hospital or facility must transmit the report to the department within fifteen days after the last day of each reporting month.

E. Any report filed pursuant to this section shall be filed electronically at an internet website that is designated by the department unless the person required to file the report applies for a waiver from electronic reporting by submitting a written request to the department.
A.R.S. § 36-759 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 759
36-759 Use of title; prohibitions
Status: in_force

36-759. Use of title; prohibitions

It is a violation of this article for a person who is not licensed pursuant to this article to use the title "licensed midwife" and the abbreviation "L.M." or to use any other words, letters, signs or figures to indicate that the person is a licensed midwife.
A.R.S. § 36-190 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 190
36-190 Participation of incorporated cities and towns in health services
Status: in_force

36-190. Participation of incorporated cities and towns in health services

The legally appointed director of any county health department shall provide equal public health services to all residents of the county including residents of incorporated cities and towns and as consistent with any grant requirements.  The county may spend monies for public health services to address a specific public health need that is unique to a particular area or condition.  Any city or town may provide services to its residents beyond the county's basic level of service and may use any combination of internal municipal departments or any other provider, including an intergovernmental agreement with a county for the provision of those services.
A.R.S. § 36-446.13 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.13
36-446.13 Unlawful act; unlicensed operation; injunction
Status: in_force

36-446.13. Unlawful act; unlicensed operation; injunction

A. On application by the board, the superior court may issue an injunction to enjoin the activities of a person who purports to be licensed pursuant to this article or who is engaging in the activities of a nursing care institution administrator without a license.

B. In a petition for injunction filed pursuant to this section, it is sufficient to charge that the respondent on a certain day in a named county engaged in the activities of a nursing care institution administrator without a license and without being exempt from the licensing requirements of this article.

C. For the purposes of this section, damage or injury is presumed.

D. A petition for an injunction to enjoin unlicensed activities shall be filed in the name of this state in the superior court in the county where the respondent resides or may be found or in Maricopa county. On request of the board, the attorney general shall file the injunction.

E. Issuance of an injunction does not relieve the respondent from being subject to other proceedings as provided in this article.
A.R.S. § 36-446.08 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.08
36-446.08 Nursing care institution administrators' licensing and assisted living facility managers' certification fund; investment of fund monies
Status: in_force

36-446.08. Nursing care institution administrators' licensing and assisted living facility managers' certification fund; investment of fund monies

(L24, Ch. 222, sec. 53.  Eff. until 7/1/28)

A. The nursing care institution administrators' licensing and assisted living facility managers' certification fund is established.

B. Pursuant to sections 35-146 and 35-147, the board shall deposit fifteen percent of all monies collected pursuant to this article in the state general fund and deposit the remaining eighty-five percent in the nursing care institution administrators' licensing and assisted living facility managers' certification fund. All monies derived from civil penalties collected pursuant to section 36-446.07, subsection C shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

C. Monies deposited in the nursing care institution administrators' licensing and assisted living facility managers' certification fund are subject to the provisions of section 35-143.01.

D. On notice from the board, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
A.R.S. § 36-805 — Arizona Code / Title 36 / Chapter 7 / Article 1 / Section 805
36-805 Disposal of body of person executed at state prison
Status: in_force

36-805. Disposal of body of person executed at state prison

The bodies, or portions thereof, of persons executed at the state prison not claimed by relatives or friends within twenty-four hours after death, may be disposed of for scientific purposes by the superintendent of the prison, with consent of the governor, upon instruction by the department as provided by section 36-804.
A.R.S. § 36-850 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 850
36-850 Persons who may receive anatomical gifts; purpose of anatomical gift
Status: in_force

36-850. Persons who may receive anatomical gifts; purpose of anatomical gift

A. An anatomical gift may be made to the following named in the document of gift:

1. An organ procurement organization.

2. A hospital, accredited medical school, dental school, college, university, procurement organization or any other appropriate person, for research or education.

3. A search and rescue unit established or recognized by any federal, state, county or local governmental entity to train search and rescue canines.

4. Subject to the requirements of subsection B of this section, an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

5. An eye bank or a tissue bank.

B. If an anatomical gift to an individual pursuant to subsection A, paragraph 4 of this section cannot be transplanted into the individual, the part passes pursuant to subsection G of this section in the absence of an express contrary indication by the person making the anatomical gift.

C. If an anatomical gift of one or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection A of this section but that identifies the purpose for which an anatomical gift may be used, the gift passes:

1. To the appropriate eye bank if the part is an eye and the gift is for the purpose of transplantation or therapy.

2. To the appropriate tissue bank if the part is tissue and the gift is for the purpose of transplantation or therapy.

3. To the organ procurement organization as custodian of the organ if the part is an organ and the gift is for the purpose of transplantation or therapy.

4. To the appropriate procurement organization if the part is an organ, an eye or tissue and the gift is for the purpose of research or education.

5. To the sheriff of the county in which the gift was made, who may transfer the gift to any canine search and rescue unit established or recognized by any federal, state, county or local governmental entity, and the gift is for the purpose of training search and rescue canines.

D. For the purposes of subsection C of this section, if there is more than one purpose of an anatomical gift stated in the document of gift but the purposes are not stated in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education or for training search and rescue canines.

E. If an anatomical gift of one or more specific parts is made in a document of gift that does not name a person described in subsection A of this section and does not identify the purpose of the gift, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section.

F. If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor" or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation or therapy and the gift passes pursuant to subsection G of this section.

G. For the purposes of subsections B, E and F of this section:

1. If the part is an eye, the gift passes to the appropriate eye bank.

2. If the part is tissue, the gift passes to the appropriate tissue bank.

3. If the part is an organ, the gift passes to the organ procurement organization as custodian of the organ.

H. An anatomical gift of an organ for transplantation or therapy, other than an anatomical gift pursuant to subsection A, paragraph 4 of this section, passes to the organ procurement organization as custodian of the organ.

I. If an anatomical gift does not pass pursuant to subsection A, B, C, D, E, F, G or H of this section or the decedent's body or part is not used for transplantation, therapy, research or education or for training search and rescue canines, custody of the body or part passes to the person who is under an obligation to dispose of the body or part pursuant to section 36-831.

J. A person may not accept an anatomical gift if the person knows that the gift was not effectively made pursuant to section 36-844 or 36-849 or if the person knows that the decedent made a refusal pursuant to section 36-846 that was not revoked. For the purposes of this subsection, if a person knows that an anatomical gift was made in a document of gift, the person is deemed to know of any amendment of the gift, revocation of the gift or refusal to make an anatomical gift in the same document of gift.

K. Except as otherwise provided in subsection A, paragraph 4 of this section, this article does not affect the allocation of organs for transplantation or therapy.
A.R.S. § 36-425.03 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 425.03
36-425.03 Children's behavioral health programs; personnel; fingerprinting requirements; exemptions; definitions
Status: in_force

36-425.03. Children's behavioral health programs; personnel; fingerprinting requirements; exemptions; definitions

A. Except as provided in subsections B, C and D of this section, children's behavioral health program personnel, including volunteers, shall submit the form prescribed in subsection E of this section to the employer and shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1 or, within seven working days after employment or beginning volunteer work, shall apply for a fingerprint clearance card.

B. The following persons are exempt from the fingerprinting requirements of this section:

1. When under the direct visual supervision and in the presence of children's behavioral health program personnel who have a valid fingerprint clearance card:

(a) Except as provided in subsection C of this section, parents, foster parents, kinship foster care parents and guardians who participate in group activities that include their children who are receiving behavioral health services from a children's behavioral health program if they are not employees of the children's behavioral health program.

(b) A volunteer who provides services to children receiving behavioral health services.

(c) An employee or contractor who is eligible pursuant to section 41-1758.07, subsection C to petition the board of fingerprinting for a good cause exception and who provides documentation of having applied for a good cause exception pursuant to section 41-619.55 but who has not yet received a decision.

(d) A person who is not providing medical services, nursing services, behavioral health services, health-related services, home health services or supportive services and who is either not an employee or contractor or not on the premises on a regular basis.

2. Hospital medical staff members, employees, contractors and volunteers who are not present in an area of the hospital authorized by the department for providing children's behavioral health services.

C. A parent, foster parent, kinship foster care parent or guardian of a child who is receiving behavioral health services from a children's behavioral health program is not required to be fingerprinted or supervised for purposes of this section if the person is in the presence of or participating with only the person's own child.

D. Applicants and employees who are fingerprinted pursuant to section 15-512 or 15-534 are exempt from the fingerprinting requirements of subsection A of this section.

E. Children's behavioral health program personnel shall certify on forms that are provided by the department and notarized that they are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement to committing any of the offenses listed in section 41-1758.03, subsection B or C in this state or similar offenses in another state or jurisdiction.

F. Forms submitted pursuant to subsection E of this section are confidential.

G. Employers of children's behavioral health program personnel shall make documented, good faith efforts to contact previous employers of children's behavioral health program personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a children's behavioral health program.

H. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41-1758.03, subsection B is prohibited from working in any capacity in a children's behavioral health program that requires or allows contact with children.

I. A person who is awaiting trial on or who has been convicted of or who has admitted in open court or pursuant to a plea agreement to committing a criminal offense listed in section 41-1758.03, subsection C shall not work in a children's behavioral health program in any capacity that requires or allows the employee to provide direct services to children unless the person has applied for and received the required fingerprint clearance card pursuant to title 41, chapter 12, article 3.1.

J. The department of health services shall accept a certification submitted by a United States military base or a federally recognized Indian tribe that either:

1. Personnel who are employed or who will be employed and who provide services directly to children have not been convicted of, have not admitted committing or are not awaiting trial on any offense prescribed in subsection H of this section.

2. Personnel who are employed or who will be employed to provide services directly to children have been convicted of, have admitted committing or are awaiting trial on any offense prescribed in subsection I of this section if the personnel provide these services while under direct visual supervision.

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

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

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

L. For the purposes of this section:

1. "Children's behavioral health program" means a program provided in a health care institution that is licensed by the department to provide children's behavioral health services.

2. "Children's behavioral health program personnel" means an owner, employee or volunteer who works at a children's behavioral health program.

3. "Direct visual supervision" means continuous visual oversight of the supervised person that does not require the supervisor to be in a superior organizational role to the person being supervised.
A.R.S. § 36-3210 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3210
36-3210 Suicide; mercy killing
Status: in_force

36-3210. Suicide; mercy killing

This chapter does not approve or authorize suicide, assisted suicide or mercy killing.
A.R.S. § 36-3408 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3408
36-3408 Eligibility for behavioral health service system; screening process; required information
Status: in_force

36-3408. Eligibility for behavioral health service system; screening process; required information

A. Any person or the person's parent or legal guardian who requests behavioral health services pursuant to this chapter shall comply with a preliminary financial screening and eligibility process developed by the Arizona health care cost containment system administration and administered at the initial intake level.  A person who receives behavioral health services pursuant to this chapter and who has not been determined eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI services shall comply annually with the eligibility determination process.  If the results indicate that the person may be eligible for title XVIII and for the medicare part D prescription drug benefit, title XIX or title XXI, in order to continue to receive services pursuant to this chapter, the applicant shall submit a completed application within ten working days to the social security administration, the department of economic security or the Arizona health care cost containment system administration, which shall determine the applicant's eligibility pursuant to title XVIII and for the medicare part D prescription drug benefit, section 36-2901, paragraph 6, subdivision (a), section 36-2931, paragraph 5 or section 36-2981, paragraph 6 for health and medical or long-term care services pursuant to chapter 29 of this title.  The applicant shall cooperate fully with the eligibility determination process. If the person is in need of emergency services provided pursuant to this chapter, the person may begin to receive these services immediately provided that within five days from the date of service a financial screening is initiated.

B. Applicants who refuse to cooperate in the financial screening and eligibility process are not eligible for services pursuant to this chapter.  A form explaining loss of benefits due to refusal to cooperate shall be signed by the applicant.  Refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination.  The department of economic security shall promptly inform the administration of the applications that are denied based on an applicant's failure to cooperate with the eligibility determination process and, on request, of applicants who do not submit an application as required by this section.

C. The department of economic security, in coordination with the administration, shall provide on-site eligibility determinations at appropriate program locations subject to legislative appropriation.

D. This section only applies to persons who receive services that are provided pursuant to this section and that are paid for in whole or in part with state monies.

E. A person who requests treatment services under this chapter shall provide personally identifying information required by the administration.

F. Except as otherwise provided by law, this section and cooperation with the eligibility determination process do not entitle any person to any particular services that are subject to legislative appropriation.
A.R.S. § 36-101 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 101
36-101 Definitions
Status: in_force

36-101. Definitions

In this chapter, unless the context otherwise requires:

1. "Agency" includes one or more of the governmental units consolidated into the department of health services by this chapter.

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

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

4. "State plan" means any of the several state plans administered by the department that meet the federal requirements necessary for federal funding.
A.R.S. § 36-3262 — Arizona Code / Title 36 / Chapter 32 / Article 5 / Section 3262
36-3262 Sample living will
Status: in_force

36-3262. Sample living will

Any writing that meets the requirements of this article may be used to create a living will. A person may write and use a living will without writing a health care power of attorney or may attach a living will to the person's health care power of attorney. If a person has a health care power of attorney, the agent must make health care decisions that are consistent with the person's known desires and that are medically reasonable and appropriate. A person can, but is not required to, state the person's desires in a living will. The following form is offered as a sample only and does not prevent a person from using other language or another form:

Living Will

(Some general statements concerning your health care options are outlined below. If you agree with one of the statements, you should initial that statement. Read all of these statements carefully before you initial your selection. You can also write your own statement concerning life-sustaining treatment and other matters relating to your health care. You may initial any combination of paragraphs 1, 2, 3 and 4 but if you initial paragraph 5 the others should not be initialed.)

_____ 1. If I have a terminal condition I do not want my life to be prolonged and I do not want life-sustaining treatment, beyond comfort care, that would serve only to artificially delay the moment of my death.

_____ 2. If I am in a terminal condition or an irreversible coma or a persistent vegetative state that my doctors reasonably feel to be irreversible or incurable, I do want the medical treatment necessary to provide care that would keep me comfortable, but I do not want the following:

_____ (a) Cardiopulmonary resuscitation, for example, the use of drugs, electric shock and artificial breathing.

_____ (b) Artificially administered food and fluids.

_____ (c) To be taken to a hospital if at all avoidable.

_____ 3. Notwithstanding my other directions, if I am known to be pregnant, I do not want life-sustaining treatment withheld or withdrawn if it is possible that the embryo/fetus will develop to the point of live birth with the continued application of life-sustaining treatment.

_____ 4. Notwithstanding my other directions I do want the use of all medical care necessary to treat my condition until my doctors reasonably conclude that my condition is terminal or is irreversible and incurable or I am in a persistent vegetative state.

_____ 5. I want my life to be prolonged to the greatest extent possible.

Other or Additional Statements of Desires

I have _____ I have not _____ attached additional special provisions or limitations to this document to be honored in the absence of my being able to give health care directions.
A.R.S. § 36-933 — Arizona Code / Title 36 / Chapter 8 / Article 2 / Section 933
36-933 Applicability of article; rules; enforcement
Status: in_force

36-933. Applicability of article; rules; enforcement

A. This article:

1. Is not more restrictive than the applicable federal laws.

2. Does not impede the department from investigating any reported foodborne illness.

3. Does not change the requirements for brand inspections, animal health inspections or any food inspections required by state or federal law, or change the requirements for the sale of milk, milk products, raw milk or raw milk products pursuant to section 3-606.

4. Does not affect any county or municipal building code, zoning code or ordinance or other land use regulation.

B. The department shall adopt rules relating to cottage food products that are consistent with this article and section 36-136, subsection I and that include both of the following:

1. A provision requiring recertification as a food handler or suspension or revocation of an individual's registration for failing to comply with the requirements of this article or impeding in the investigation of a reported foodborne illness.

2. Guidance relating to approved ingredient sources.

C. The department may enforce this article.

D. A county may not be required to enforce this article.

E. This article does not prevent the department and a local health agency, environmental agency or public health services agency from entering into a delegation agreement to enforce this article.
A.R.S. § 36-851.01 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 851.01
36-851.01 Procurement organizations; licensure; renewal; fees; penalties; exceptions
Status: in_force

36-851.01. Procurement organizations; licensure; renewal; fees; penalties; exceptions

A. A person may not act as a procurement organization in this state unless the person is licensed by the department of health services as a procurement organization. The person shall apply in writing to the director of the department on a form specified by the director, shall include all information requested in the application and shall pay the fees prescribed by the director.

B. The director shall grant a procurement organization license to a person if the organization either is accredited by a nationally recognized accrediting agency that is approved by the department of health services and maintains full accreditation with the accrediting agency or meets the requirements prescribed in section 36-851.03 and the rules adopted by the department.

C. A license under this section is valid for two years and must be renewed every two years.  A person shall file an application for renewal at least thirty days before the expiration of the current license.

D. Each procurement organization applying for licensure or license renewal under this section shall pay all applicable fees as prescribed by the director. All fees collected pursuant to this section for the licensure and license renewal of procurement organizations shall be deposited in the health services licensing fund established by section 36-414.

E. The director may sanction, impose civil penalties on or, pursuant to title 41, chapter 6, article 10, suspend or revoke, in whole or in part, the license of any procurement organization if any person who is an owner, officer, agent or employee of the procurement organization is in or continues to be in violation of this article or the rules of the department of health services adopted pursuant to this article.

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

1. An organ procurement organization as described by 42 United States Code section 273 that is designated for this state by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1320b-8.

2. A procurement organization that is regulated by the United States food and drug administration in connection with the recovery of human tissue intended for transplantation pursuant to 21 Code of Federal Regulations part 1270.

3. A procurement organization as defined in section 36-841, paragraph  27, subdivision (d).

4. A procurement organization that is affiliated with an accredited educational institution in connection with the education of students enrolled in a degree-granting program for health professionals.

5. A procurement organization that recovers anatomical gifts for research or education, including for quality improvement or quality assurance, and that is affiliated with a hospital that is licensed pursuant to chapter 4 of this title.

6. A hospital that is licensed pursuant to chapter 4 of this title.
A.R.S. § 36-798.51 — Arizona Code / Title 36 / Chapter 6 / Article 15 / Section 798.51
36-798.51 Overdose and disease prevention programs; requirements; standards
Status: in_force

36-798.51. Overdose and disease prevention programs; requirements; standards

A. A city, town, county or nongovernmental organization, including a local health department or an organization that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors, or any combination of these entities, may establish and operate an overdose and disease prevention program. A program established pursuant to this section shall have all of the following objectives:

1. To reduce the spread of viral hepatitis, HIV and other bloodborne diseases in this state.

2. To reduce needle-stick injuries to law enforcement officers and other emergency personnel.

3. To encourage individuals who inject drugs to enroll in evidence-based treatment.

4. To increase proper disposal of used syringes.

5. To reduce the occurrence of skin and soft tissue wounds and infections related to injection drug use.

B. A program established pursuant to this section shall offer all of the following:

1. Disposal of used needles and hypodermic syringes.

2. Needles, hypodermic syringes and other injection supply items at no cost and in quantities sufficient to ensure that needles, hypodermic syringes and other injection supply items are not shared or reused.

3. Educational materials on all of the following:

(a) Overdose prevention.

(b) Peer support services.

(c) The prevention of HIV, viral hepatitis transmission and the incidence of skin and soft tissue wounds and infections.

(d) Treatment for mental illness, including treatment referrals.

(e) Treatment for substance use disorder, including referrals for substance use disorder treatment.

4. Access to kits that contain naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose, or referrals to programs that provide access to naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration to treat a drug overdose.

5. For each individual who requests services, personal consultations from a program employee or volunteer concerning mental health or substance use disorder treatment or referrals for evidence-based substance use disorder treatment, as appropriate.

C. A program established pursuant to this section shall develop standards for distributing and disposing of needles and hypodermic syringes based on scientific evidence and best practices. The number of needles and hypodermic syringes disposed of through a program shall be at least equivalent to the number of needles and hypodermic syringes distributed through the program.
A.R.S. § 36-3206 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3206
36-3206 Enforcement or challenge of a directive or decision; judicial proceedings; automatic stays
Status: in_force

36-3206. Enforcement or challenge of a directive or decision; judicial proceedings; automatic stays

A. An interested person may file a verified petition with the superior court to determine the validity or effect of a health care directive or the decision of a surrogate.

B. The petition shall include the following information:

1. The name and current location of the patient and any surrogate or guardian authorized to make decisions for the patient.

2. The name and address of any health care provider known by the petitioner to be providing health care to the principal.

3. If a health care directive exists, a description or a copy of the health care directive.

4. The judicial relief sought by the petitioner.

C. On the filing of the petition, the court shall enter a temporary order directing compliance with section 36-3203, subsection E.  Notice of this order shall be provided by personal service on the surrogate, the patient, the health care providers immediately responsible for the patient's care and other persons the court requires to be notified.

D. The court shall review the petition, any other pleadings on file and any evidence offered by the petitioner to determine if it should order temporary orders without a further hearing. The court may enter a temporary order directing the provision or the withholding of specific medical treatment pending a further hearing if the court determines that there is reasonable cause to believe that health care decisions are being made by a surrogate or a health care provider that derogate the patient's wishes or, if the patient's wishes are not known, the patient's best interests.

E. The court shall schedule and conduct a hearing within five working days of the filing of a petition. Notice shall be provided by personal service on the surrogate, the patient, the health care providers immediately responsible for the patient's care, and other persons the court requires to be notified.

F. On the filing of the petition the court may:

1. Appoint an attorney for the patient if it appears that this is in the patient's best interests.

2. Appoint an investigator as provided under section 14-5308 or a physician, or both, to evaluate the patient and submit a written report to the court before the hearing.

3. Enter other temporary orders that the court determines are necessary and appropriate to protect the wishes or the best interests of the patient, including an order exercising the power of a guardian or appointing a temporary guardian as provided under section 14-5310.

G. A person filing a petition under this section is not required to post a bond unless the court determines that a bond is necessary to protect the interests of any party.

H. If a petition is filed to challenge the decision of a guardian to permanently withdraw the artificial administration of food and fluid from a patient who is in an irreversible coma or is in a persistent vegetative state that the patient's doctor believes is irreversible or incurable, there is a rebuttable presumption that a patient who does not have a valid living will, power of attorney or other health care directive has directed the patient's health care providers to provide the patient with food and fluid to a degree that is sufficient to sustain life, including, if necessary, through a medically invasive procedure, by way of the gastrointestinal tract or intravenously, and that that provision is in the patient's best interests.

I. The presumption pursuant to subsection H of this section may be rebutted only if either of the following applies:

1. In reasonable medical judgment any of the following applies:

(a) The provision of food or fluid is not medically possible.

(b) The provision of food or fluid would hasten death.

(c) Because of the medical condition of the patient, the patient would be incapable of digesting or absorbing the food or fluid so that its provision would not contribute to sustaining the patient's life or provide physical comfort to the patient.

2. The court finds both of the following by clear and convincing evidence:

(a) The patient is in an irreversible coma or is in a persistent vegetative state that is irreversible or incurable.  Evidence that the patient is in an irreversible coma or is in a persistent vegetative state that is irreversible or incurable must be supported by either of the following:

(i) The opinion of an independent physician who is licensed pursuant to title 32, chapter 13 or 17 and who is a specialist in neurology.  The petitioner, the patient or the patient's attorney may present additional evidence of the patient's medical condition that is supported by the opinion of a physician selected by that party.

(ii) If a specialist in neurology is not available, the opinion of an independent physician who is licensed pursuant to title 32, chapter 13 or 17 and who has examined the patient specifically to assess whether the patient is in an irreversible coma or a persistent vegetative state that is irreversible or incurable supported by a recommendation of the institutional bioethics committee of the health care facility.

(b) While competent the patient manifested the patient's intent that medically invasive life prolonging treatment, including the artificial administration of food or fluid, not be administered in the case of an irreversible coma or a persistent vegetative state that is irreversible or incurable.

J. On notice and a hearing, the court may enter appropriate orders to safeguard the wishes of the patient. If the court is unable to determine those wishes, the court may enter appropriate orders to safeguard the patient's best interest. These orders may include:

1. Appointing a surrogate if the procedural requirements of title 14, chapter 5, article 3 have been met.

2. Removing an agent or any other surrogate and appointing a successor.

3. Directing compliance with the terms of the patient's health care directive, including the provisional removal or withholding of treatment if the court finds that this conforms with the patient's wishes or, if the patient's wishes are not known, is in the patient's best interest.

4. Directing the transfer of the patient to a suitable facility or to the care of a health care provider who is willing to comply with the patient's wishes.

5. Assessing court costs and attorney fees against a party found to have proceeded in bad faith.

K. Notwithstanding a person's incapacity, the court may deny a petition to appoint a guardian for that person based on the existence of a valid and unrevoked health care directive.

L. A guardian appointed pursuant to this section is immune from civil and criminal liability to the same extent as any other surrogate pursuant to section 36-3203, subsection D.

M. A superior court order that authorizes a guardian to permanently withdraw food or fluid from a patient who is in an irreversible coma or in a persistent vegetative state that is irreversible or incurable is automatically stayed for five business days to allow a party, or that party's successor in interest in the event of the original party's death, to seek an expedited appeal with the court of appeals.  A decision from the court of appeals is automatically stayed for five business days to allow a party, or that party's successor in interest in the event of the original party's death, to seek review by the supreme court.  Food or fluid shall not be permanently withdrawn pending a decision on the merits of the case by the court of appeals or a decision on a petition by the supreme court.
A.R.S. § 36-2932 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2932
36-2932 Arizona long-term care system; powers and duties of the director; expenditure limitation
Status: in_force

36-2932. Arizona long-term care system; powers and duties of the director; expenditure limitation

A. The Arizona long-term care system is established. The system includes the management and delivery of hospitalization, medical care, institutional services and home and community based services to members through the administration, the program contractors and providers pursuant to this article together with federal participation under title XIX of the social security act.  The director in the performance of all duties shall consider the use of existing programs, rules and procedures in the counties and department where appropriate in meeting federal requirements.

B. The administration has full operational responsibility for the system, which shall include the following:

1. Contracting with and certification of program contractors in compliance with all applicable federal laws.

2. Approving the program contractors' comprehensive service delivery plans pursuant to section 36-2940.

3. Providing by rule for the ability of the director to review and approve or disapprove program contractors' requests for proposals for providers and provider subcontracts.

4. Providing technical assistance to the program contractors.

5. Developing a uniform accounting system to be implemented by program contractors and providers of institutional services and home and community based services.

6. Conducting quality control on eligibility determinations and preadmission screenings.

7. Establishing and managing a comprehensive system for assuring the quality of care delivered by the system as required by federal law.

8. Establishing an enrollment system.

9. Establishing a member case management tracking system.

10. Establishing and managing a method to prevent fraud by applicants, members, eligible persons, program contractors, providers and noncontracting providers as required by federal law.

11. Coordinating benefits as provided in section 36-2946.

12. Establishing standards for the coordination of services.

13. Establishing financial and performance audit requirements for program contractors, providers and noncontracting providers.

14. Prescribing remedies as required pursuant to 42 United States Code section 1396r. These remedies may include the appointment of temporary management by the director, acting in collaboration with the director of the department of health services, in order to continue operation of a nursing care institution providing services pursuant to this article.

15. Establishing a system to implement medical child support requirements, as required by federal law.  The administration may enter into an intergovernmental agreement with the department of economic security to implement this paragraph.

16. Establishing requirements and guidelines for the review of trusts for the purposes of establishing eligibility for the system pursuant to section 36-2934.01 and posteligibility treatment of income pursuant to subsection L of this section.

17. Accepting the delegation of authority from the department of health services to enforce rules that prescribe minimum certification standards for adult foster care providers pursuant to section 36-410, subsection B.  The administration may contract with another entity to perform the certification functions.

18. Assessing civil penalties for improper billing as prescribed in section 36-2903.01, subsection K.

C. For nursing care institutions and hospices that provide services pursuant to this article, the director shall contract periodically as deemed necessary and as required by federal law for a financial audit of the institutions and hospices that is certified by a certified public accountant in accordance with generally accepted auditing standards or conduct or contract for a financial audit or review of the institutions and hospices.  The director shall notify the nursing care institution and hospice at least sixty days before beginning a periodic audit.  The administration shall reimburse a nursing care institution or hospice for any additional expenses incurred for professional accounting services obtained in response to a specific request by the administration.  On request, the director of the administration shall provide a copy of an audit performed pursuant to this subsection to the director of the department of health services or that person's designee.

D. Notwithstanding any other provision of this article, the administration may contract by an intergovernmental agreement with an Indian tribe, a tribal council or a tribal organization for the provision of long-term care services pursuant to section 36-2939, subsection A, paragraphs 1, 2, 3 and 4 and the home and community based services pursuant to section 36-2939, subsection B, paragraph 2 and subsection C, subject to the restrictions in section 36-2939, subsections D and E for eligible members.

E. The director shall require as a condition of a contract that all records relating to contract compliance are available for inspection by the administration subject to subsection F of this section and that these records are maintained for five years.  The director shall also require that these records are available on request of the secretary of the United States department of health and human services or its successor agency.

F. Subject to applicable law relating to privilege and protection, the director shall adopt rules prescribing the types of information that are confidential and circumstances under which that information may be used or released, including requirements for physician-patient confidentiality. Notwithstanding any other law, these rules shall provide for the exchange of necessary information among the program contractors, the administration and the department for the purposes of eligibility determination under this article.

G. The director shall adopt rules to specify methods for the transition of members into, within and out of the system.  The rules shall include provisions for the transfer of members, the transfer of medical records and the initiation and termination of services.

H. The director shall adopt rules that provide for withholding or forfeiting payments made to a program contractor if it fails to comply with a provision of its contract or with the director's rules.

I. The director shall:

1. Establish by rule the time frames and procedures for all grievances and requests for hearings consistent with section 36-2903.01, subsection B, paragraph 4.

2. Apply for and accept federal monies available under title XIX of the social security act in support of the system. In addition, the director may apply for and accept grants, contracts and private donations in support of the system.

3. Not less than thirty days before the administration implements a policy or a change to an existing policy relating to reimbursement, provide notice to interested parties. Parties interested in receiving notification of policy changes shall submit a written request for notification to the administration.

J. The director may apply for federal monies available for the support of programs to investigate and prosecute violations arising from the administration and operation of the system. Available state monies appropriated for the administration of the system may be used as matching monies to secure federal monies pursuant to this subsection.

K. The director shall adopt rules that establish requirements of state residency and qualified alien status as prescribed in section 36-2903.03. The administration shall enforce these requirements as part of the eligibility determination process.  The rules shall also provide for the determination of the applicant's county of residence for the purpose of assignment of the appropriate program contractor.

L. The director shall adopt rules in accordance with the state plan regarding posteligibility treatment of income and resources that determine the portion of a member's income that shall be available for payment for services under this article.  The rules shall provide that a portion of income may be retained for:

1. A personal needs allowance for members receiving institutional services of at least fifteen per cent of the maximum monthly supplemental security income payment for an individual or a personal needs allowance for members receiving home and community based services based on a reasonable assessment of need.

2. The maintenance needs of a spouse or family at home in accordance with federal law.  The minimum resource allowance for the spouse or family at home is twelve thousand dollars adjusted annually by the same percentage as the percentage change in the consumer price index for all urban consumers (all items; United States city average) between September 1988 and the September before the calendar year involved.

3. Expenses incurred for noncovered medical or remedial care that are not subject to payment by a third party payor.

M. In addition to the rules otherwise specified in this article, the director may adopt necessary rules pursuant to title 41, chapter 6 to carry out this article.  Rules adopted by the director pursuant to this subsection may consider the differences between rural and urban conditions on the delivery of services.

N. The director shall not adopt any rule or enter into or approve any contract or subcontract that does not conform to federal requirements or that may cause the system to lose any federal monies to which it is otherwise entitled.

O. The administration, program contractors and providers may establish and maintain review committees dealing with the delivery of care. Review committees and their staff are subject to the same requirements, protections, privileges and immunities prescribed pursuant to section 36-2917.

P. If the director determines that the financial viability of a nursing care institution or hospice is in question, the director may require a nursing care institution and a hospice providing services pursuant to this article to submit quarterly financial statements within thirty days after the end of its financial quarter unless the director grants an extension in writing before that date.  Quarterly financial statements submitted to the department shall include the following:

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

2. A statement of income and expenses, including current personnel costs and full-time equivalent statistics.

Q. The director may require monthly financial statements if the director determines that the financial viability of a nursing care institution or hospice is in question. The director shall prescribe the requirements of these statements.

R. The total amount of state monies that may be spent in any fiscal year by the administration for long-term care shall not exceed the amount appropriated or authorized by section 35-173 for that purpose.  This article shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
A.R.S. § 36-2801 — Arizona Code / Title 36 / Chapter 28.1 / Section 2801
36-2801 Definitions
Status: in_force

36-2801. Definitions

(Caution:  1998 Prop. 105 applies)

In this chapter, unless the context otherwise requires:

1. "Allowable amount of marijuana":

(a) With respect to a qualifying patient, means:

(i) Two and one-half ounces of usable marijuana.

(ii) If the qualifying patient's registry identification card states that the qualifying patient is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the qualifying patient is moving.

(b) With respect to a designated caregiver, for each patient assisted by the designated caregiver under this chapter, means:

(i) Two and one-half ounces of usable marijuana.

(ii) If the designated caregiver's registry identification card provides that the designated caregiver is authorized to cultivate marijuana, twelve marijuana plants contained in an enclosed, locked facility, except that the plants are not required to be in an enclosed, locked facility if the plants are being transported because the designated caregiver is moving.

(c) Does not include marijuana that is incidental to medical use, but is not usable marijuana.

2. "Cardholder" means a qualifying patient, a designated caregiver, a nonprofit medical marijuana dispensary agent or a independent third-party laboratory agent who has been issued and possesses a valid registry identification card.

3. "Debilitating medical condition" means one or more of the following:

(a) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease or agitation of Alzheimer's disease or the treatment of these conditions.

(b) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following:

(i) Cachexia or wasting syndrome.

(ii) Severe and chronic pain.

(iii) Severe nausea.

(iv) Seizures, including those characteristic of epilepsy.

(v) Severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

(c) Any other medical condition or its treatment added by the department pursuant to section 36-2801.01.

4. "Department" means the department of health services or its successor agency.

5. "Designated caregiver" means a person who:

(a) Is at least twenty-one years of age.

(b) Has agreed to assist with a patient's medical use of marijuana.

(c) Has not been convicted of an excluded felony offense.

(d) Assists not more than five qualifying patients with the medical use of marijuana.

(e) May receive reimbursement for actual costs incurred in assisting a registered qualifying patient's medical use of marijuana if the registered designated caregiver is connected to the registered qualifying patient through the department's registration process. The designated caregiver may not be paid any fee or compensation for service as a caregiver. Payment for costs under this subdivision does not constitute an offense under title 13, chapter 34 or under title 36, chapter 27, article 4.

6. "Enclosed, locked facility" means a closet, room, greenhouse or other enclosed area that is equipped with locks or other security devices that permit access only by a cardholder.

7. "Excluded felony offense" means:

(a) A violent crime as defined in section 13-901.03, subsection B, that was classified as a felony in the jurisdiction where the person was convicted.

(b) A violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted but does not include:

(i) An offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten or more years earlier.

(ii) An offense involving conduct that would be immune from arrest, prosecution or penalty under section 36-2811, except that the conduct occurred before December 14, 2010 or was prosecuted by an authority other than the state of Arizona.

8. "Independent third-party laboratory" means an entity that has a national or international accreditation and that is certified by the department to analyze marijuana cultivated for medical use.

9. "Independent third-party laboratory agent" means an owner, employee or volunteer of a certified independent third-party laboratory who is at least twenty-one years of age and who has not been convicted of an excluded felony offense.

10. "Marijuana" means all parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant.

11. "Medical use" means the acquisition, possession, cultivation, manufacture, use, administration, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.

12. "Nonprofit medical marijuana dispensary" means a not-for-profit entity that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, supplies, sells or dispenses marijuana or related supplies and educational materials to cardholders. A nonprofit medical marijuana dispensary may receive payment for all expenses incurred in its operation.

13. "Nonprofit medical marijuana dispensary agent" means a principal officer, board member, employee or volunteer of a nonprofit medical marijuana dispensary who is at least twenty-one years of age and has not been convicted of an excluded felony offense.

14. "Physician" means a doctor of medicine who holds a valid and existing license to practice medicine pursuant to title 32, chapter 13 or its successor, a doctor of osteopathic medicine who holds a valid and existing license to practice osteopathic medicine pursuant to title 32, chapter 17 or its successor, a naturopathic physician who holds a valid and existing license to practice naturopathic medicine pursuant to title 32, chapter 14 or its successor or a homeopathic physician who holds a valid and existing license to practice homeopathic medicine pursuant to title 32, chapter 29 or its successor.

15. "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition.

16. "Registry identification card" means a document issued by the department that identifies a person as a registered qualifying patient, a registered designated caregiver, a registered nonprofit medical marijuana dispensary agent or a registered independent third-party laboratory agent.

17. "Usable marijuana":

(a) Means the dried flowers of the marijuana plant, and any mixture or preparation thereof.

(b) Does not include:

(i) The seeds, stalks and roots of the plant.

(ii) The weight of any non-marijuana ingredients combined with marijuana and prepared for consumption as food or drink.

18. "Verification system" means a secure, password-protected, web-based system that is established and maintained by the department and that is available to law enforcement personnel and nonprofit medical marijuana dispensary agents on a twenty-four-hour basis for verifying registry identification cards.

19. "Visiting qualifying patient" means a person:

(a) Who is not a resident of Arizona or who has been a resident of Arizona less than thirty days.

(b) Who has been diagnosed with a debilitating medical condition by a person who is licensed with authority to prescribe drugs to humans in the state of the person's residence or, in the case of a person who has been a resident of Arizona less than thirty days, the state of the person's former residence.

20. "Written certification" means a document dated and signed by a physician, stating that in the physician's professional opinion the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition.  The physician must:

(a) Specify the qualifying patient's debilitating medical condition in the written certification.

(b) Sign and date the written certification only in the course of a physician-patient relationship after the physician has completed a full assessment of the qualifying patient's medical history.
A.R.S. § 36-1703 — Arizona Code / Title 36 / Chapter 14 / Article 1 / Section 1703
36-1703 Purchase of human eggs; prohibition; violation; classification; unprofessional conduct
Status: in_force

36-1703. Purchase of human eggs; prohibition; violation; classification; unprofessional conduct

A. A person shall not purchase or offer to purchase a human egg for human somatic cell nuclear transfer or for any purpose other than treatment of human infertility or for clinical investigation by a physician or clinic whose primary practice is treatment of human infertility. This section does not prohibit compensation of egg donors who provide or agree to provide eggs for the treatment of human infertility or for clinical investigation by a physician or clinic whose primary practice is treatment of human infertility.

B. This section does not prohibit any of the following:

1. Treatment of human infertility that involves donated eggs.

2. Cryopreservation of human eggs.

3. Clinical investigation on unfertilized human eggs.

4. Donation of eggs without compensation for any purpose.

C. A person who violates this section is guilty of a class 1 misdemeanor.

D. A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32, chapter 13 or 17.
A.R.S. § 36-3007 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3007
36-3007 Annual report
Status: in_force

36-3007. Annual report

A. The department of economic security shall file an annual report with the governor, the speaker of the house of representatives and the president of the senate on or before October 1 and shall provide a copy of this report to the secretary of state. In preparing the report the department shall fully consult with a state coalition against domestic violence.

B. The report shall include the following information from each domestic violence service provider that receives monies pursuant to this chapter:

1. The population served.

2. The services provided.

3. The unmet needs of persons who receive services.

C. Information contained in the report shall not identify any person served by a service provider or enable any person to determine the identity of any such person.
A.R.S. § 36-1761 — Arizona Code / Title 36 / Chapter 15 / Article 2 / Section 1761
36-1761 Mobile food vendors; mobile food units; rules; health and safety licensing standards
Status: in_force

36-1761. Mobile food vendors; mobile food units; rules; health and safety licensing standards

A. The director shall adopt rules that do all of the following:

1. Establish health and safety licensing standards for mobile food vendors and mobile food units that apply on a statewide basis.  The licensing standards shall:

(a) Include three categories of mobile food units that are based on the type of food dispensed and the amount of handling and preparation required.

(b) Include general physical and operation requirements of a mobile food unit, including:

(i) Installation of compressors, generators and similar mechanical units that are not an integral part of the food preparation or storage equipment.

(ii) Necessary commissary or other servicing area agreements.

(iii) Vehicle and equipment cleaning requirements.

(iv) Waste disposal requirements during and after operation on public or private property, which may not include the size or dimensions of any required solid waste receptacle.

2. Establish statewide inspection standards that are based on objective factors for use by the county health departments.

3. Establish a licensing process for mobile food units that does all of the following:

(a) Requires a separate license for each mobile food unit.

(b) Requires a license to be renewed annually.

(c) Delegates to the county health department in the county where the mobile food vendor's commissary is located the licensing and health and safety inspection for state licensure using the statewide inspection standards adopted pursuant to this section. The licensing process shall require random inspections by county health departments at no additional cost except as provided in section 11-269.24. A mobile food unit license issued by a county health department pursuant to this section shall have reciprocity in each county of this state. A county health department may enforce the statewide inspection standards regardless of where the license was issued.

(d) Requires all employees of a mobile food vendor to have a valid food handler card or a certificate from an accredited food handler training class as specified in rule by the department.

(e) Requires that the license be displayed in the mobile food vendor's operating location in a conspicuous location for public view.

B. The rules adopted pursuant to this section may not do either of the following:

1. Require a mobile food vendor or mobile food unit to operate a specific distance from the perimeter of an existing commercial establishment or restaurant.

2. Address the operating hours of a mobile food unit.

C. Except as otherwise specified in this chapter, the director may adopt rules that are substantively the same as the regulations that are in place on August 3, 2018 in Maricopa county regarding mobile food establishments.

D. This section does not preclude a city, town or county from requiring a mobile food vendor to be licensed if the licensing system includes a background check or identification and fingerprinting of the owner of the mobile food vending operation.
A.R.S. § 36-564 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 564
36-564 Guardianship
Status: in_force

36-564. Guardianship

A. Guardians for clients acting under the provisions of this chapter shall be appointed pursuant to title 14, chapter 5, articles 1, 2, 3 and 6.

B. The department shall request the appointment of a guardian for minor clients receiving services under the provisions of this chapter if no parent is willing and competent to act, and shall request the appointment of a guardian for adult clients receiving services under the provisions of this chapter if it appears that the appointment of a guardian would be in the client's best interests in accordance with section 14-5304.

C. When no person or corporation is qualified and willing to act as guardian for a client, the department shall notify the public fiduciary of the county where the client is receiving services of the need for appointment of a guardian.

D. Guardianship or conservatorship for persons with developmental disabilities shall be utilized only as is necessary to promote the well-being of the individual, be designed to encourage the development of maximum self-reliance and independence in the individual, and shall be ordered only to the extent necessitated by the individual's actual mental, physical and adaptive limitations.
A.R.S. § 36-2810 — Arizona Code / Title 36 / Chapter 28.1 / Section 2810
36-2810 Confidentiality
Status: in_force

36-2810. Confidentiality

(Caution:  1998 Prop. 105 applies)

A. The following information received and records kept by the department for purposes of administering this chapter are confidential, exempt from title 39, chapter 1, article 2, exempt from section 36-105 and not subject to disclosure to any individual or public or private entity, except as necessary for authorized employees of the department to perform official duties of the department pursuant to this chapter:

1. Applications or renewals, their contents and supporting information submitted by qualifying patients and designated caregivers, including information regarding their designated caregivers and physicians.

2. Applications or renewals, their contents and supporting information submitted by or on behalf of nonprofit medical marijuana dispensaries in compliance with this chapter, including the physical addresses of nonprofit medical marijuana dispensaries.

3. The individual names and other information identifying persons to whom the department has issued registry identification cards.

B. Any dispensing information required to be kept under section 36-2806.02, subsection B or department regulation shall identify cardholders by their registry identification numbers and not contain names or other personally identifying information.

C. Any department hard drives or other data recording media that are no longer in use and that contain cardholder information must be destroyed. The department shall retain a signed statement from a department employee confirming the destruction.

D. Except for public health research, data subject to this section shall not be combined or linked in any manner with any other list or database and shall not be used for any purpose not provided for in this chapter.

E. This section does not preclude the following notifications:

1. Department employees may notify law enforcement about falsified or fraudulent information submitted to the department if the employee who suspects that falsified or fraudulent information has been submitted has conferred with the employee's supervisor and both agree that the circumstances warrant reporting.

2. The department may notify state or local law enforcement about apparent criminal violations of this chapter if the employee who suspects the offense has conferred with the employee's supervisor and both agree that the circumstances warrant reporting.

3. Nonprofit medical marijuana dispensary agents may notify the department of a suspected violation or attempted violation of this chapter or department rules.

4. The department may notify the Arizona medical board, the Arizona board of osteopathic examiners in medicine and surgery, the naturopathic physicians medical board and the board of homeopathic and integrated medicine examiners if the department believes a physician has committed an act of unprofessional conduct as prescribed by the appropriate board's statutes because of the licensee's failure to comply with the requirements of this chapter or rules adopted pursuant to this chapter.

F. This section does not preclude submission of the section 36-2809 report to the legislature.  The annual report submitted to the legislature is subject to title 39, chapter 1, article 2.
A.R.S. § 36-2514 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2514
36-2514 Substances in schedule III; rules; definition
Status: in_force

36-2514. Substances in schedule III; rules; definition

A. The board shall adopt by rule the schedule III controlled substances listed in 21 Code of Federal Regulations sections 1300.01 and 1308.13 and shall amend the rules, as necessary, to reflect any changes in the schedule III controlled substance designations.

B. If any person prescribes, dispenses or distributes an anabolic steroid for human use that has been approved by the United States food and drug administration for the express intent of administration through implants to cattle or other nonhuman species, the person shall be considered to have prescribed, dispensed or distributed an anabolic steroid within the meaning of this section.

C. 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.

D. For the purposes of this section, "anabolic steroid" means any drug or hormonal substance that is chemically or pharmacologically related to testosterone, other than estrogens, progestins, corticosteroids and dehydroepiandrosterone.
A.R.S. § 36-524 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 524
36-524 Application for emergency admission for evaluation; requirements; immunity
Status: in_force

36-524. Application for emergency admission for evaluation; requirements; immunity

A. A written application for emergency admission shall be made to an evaluation agency before a person may be hospitalized in the agency.

B. The application for emergency admission shall be made by a person with knowledge of the facts requiring emergency admission. The applicant may be a relative or friend of the person, a peace officer, the admitting officer or another responsible person.

C. The application shall be made on a prescribed form and shall include the following:

1. A statement by the applicant that the applicant believes that the person, as a result of a mental disorder, is a danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or is likely to inflict serious physical harm on another person.

2. The specific nature of the harm or illness the person is likely to suffer or inflict without immediate hospitalization.

3. A summary of the facts that support the statements made by the applicant, including the observations of persons who witnessed the events described in the statements or the behaviors of the person who is the subject of the application.

4. The signature of the applicant.

D. A telephonic application may be made not more than twenty-four hours before a written application. A telephonic application shall be made by a peace officer or a police officer who is an employee of the United States department of veterans affairs or in the presence of a peace officer unless the application is made by a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1 and who is directly involved with the care of a patient who is in a health care institution licensed in this state. For an application made by a peace officer, a police officer who is an employee of the United States department of veterans affairs or a health care professional who is licensed pursuant to title 32, chapter 13, 15, 17 or 19.1, a copy of the application that contains the applicant's original signature is acceptable, does not have to be notarized and may be submitted as the written application.

E. If the person to be admitted is not already present at the evaluation agency and if the admitting officer, based on a review of the written or telephonic application and conversation with the applicant and a peace officer or a police officer who is an employee of the United States department of veterans affairs, has reasonable cause to believe that an emergency examination is necessary, the admitting officer may advise the peace officer or the police officer who is an employee of the United States department of veterans affairs that sufficient grounds exist to take the person into custody and to transport the person to the evaluation agency. The peace officer or the police officer who is an employee of the United States department of veterans affairs, on the request of the admitting officer of the evaluation agency pursuant to this subsection, shall apprehend and transport the person to the evaluation agency. The admitting officer shall not be held civilly liable for any acts committed by a person whom the admitting officer did not advise to be taken into custody if the admitting officer has in good faith followed the requirements of this section.

F. If the application for emergency admission is denied, the application shall be retained by the evaluation agency together with a written statement by the medical director of the evaluation agency or the director's designee stating the specific reasons why the application was denied.
A.R.S. § 36-1903 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1903
36-1903 Deposit of monies
Status: in_force

36-1903. Deposit of monies

The director shall deposit pursuant to sections 35-146 and 35-147, ten per cent of all monies collected pursuant to this chapter in the state general fund and shall deposit the remaining ninety per cent in the health services licensing fund established by section 36-414, except that monies collected from civil penalties imposed pursuant to this chapter shall be deposited in the state general fund.
A.R.S. § 36-273 — Arizona Code / Title 36 / Chapter 2 / Article 4 / Section 273
36-273 Powers and duties
Status: in_force

36-273. Powers and duties

A. The department may:

1. Use monies in the disease control research fund established by section 36-274 to contract with individuals, organizations, corporations and institutions, public or private, in this state for any projects or services that the department determines may advance research into the causes, the epidemiology and diagnosis, the formulation of cures, the medically accepted treatment or the prevention of diseases, including new drug discovery and development, and for acquired immune deficiency syndrome reporting and surveillance. Public monies in the disease control research fund shall not be used for capital construction projects.

2. Enter into research and development agreements, royalty agreements, development agreements, licensing agreements and profit sharing agreements concerning the research, development and production of new products developed or to be developed through department-funded research.

3. Accept or receive monies from any source, including restricted or unrestricted gifts and contributions from individuals, foundations, corporations and other organizations and institutions.

4. Obtain expert services to assist in evaluating requests and proposals.

5. Request cooperation from any state agency for the purposes of this article.

6. Provide information and technical assistance to other jurisdictions and agencies.

7. Subject to title 41, chapter 4, article 4, employ personnel needed to carry out the duties of this article.

B. The department shall:

1. Review and evaluate proposals or requests for projects or services.

2. Establish a mechanism to review the contracts awarded to ensure that the monies are used in accordance with the proposals approved by the department.

3. Prepare and submit a report on or before January 15 of each year to the governor, the president of the senate and the speaker of the house of representatives that describes the projects or services proposed to the department pursuant to this article, the projects or services for which the department has awarded a contract and the amount of monies necessary for each proposal, the cost of each proposal for which a contract was awarded, the names and addresses of the recipients of each contract and the purpose for which each contract was made. The department shall provide a copy of this report to the secretary of state.
A.R.S. § 36-3103 — Arizona Code / Title 36 / Chapter 31 / Article 1 / Section 3103
36-3103 Sexual violence service providers; requirements; eligibility
Status: in_force

36-3103. Sexual violence service providers; requirements; eligibility

A. To be eligible to receive a grant under this article, a sexual violence service provider shall adhere to statewide service standards for sexual violence programs that are approved by the department in collaboration with the federally designated statewide coalition to end sexual violence.

B. A sexual violence service provider does not qualify for grant monies if the service provider discriminates in its admission or provision of services on the basis of race, gender, religion, color, age, disability, marital status, national origin or ancestry.
A.R.S. § 36-3804 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3804
36-3804 Notice of health information practices; posting; distribution; decision to opt out
Status: in_force

36-3804. Notice of health information practices; posting; distribution; decision to opt out

A. A health information organization must maintain a written notice of health information practices describing the following:

1. Individually identifiable health information that is accessible through the health information organization.

2. The categories of persons who have access to information, including individually identifiable health information, through the health information organization.

3. The purposes for which access to the information, including individually identifiable health information, is provided through the health information organization. The notice of health information practices may reference a publicly accessible website that displays the current list of allowed purposes for which access to this information is allowed through the health information organization.

4. Except as otherwise provided in state or federal law, the individual's right to opt out of having the individual's individually identifiable health information accessible through the health information organization.

5. An explanation as to how an individual may opt out of having the individual's individually identifiable health information accessible through the health information organization.

B. The notice shall include a statement informing the individual of the right not to have the individual's individually identifiable health information accessible through the health information organization, except as otherwise provided by state or federal law, and that this right is protected by article XXVII, section 2, Constitution of Arizona.

C. A health information organization must post its current notice of health information practices on its website in a conspicuous manner.

D. Notwithstanding any other requirement in this section, a health information organization must provide an individual with a copy of the notice of health information practices within thirty days after receiving a written request for that information.

E. A health care provider participating in a health information organization must distribute and document the distribution of the health information organization's notice of health information practices in the same circumstances and in the same manner as the health care provider is required to distribute and document a notice of privacy practices by the health insurance portability and accountability act (45 Code of Federal Regulation section 164.520(c)(2) and (3)). The health information organization's notice of health information privacy practices must use a legible font in at least ten-point type.  Health care providers that share a location may provide the health information organization's notice of health information practices for, or on behalf of, any of the health care providers that share a location.

F.  Except as otherwise provided in state or federal law, if an individual chooses to opt out of having the individual's individually identifiable health information accessible through the health information organization, the individual's individually identifiable health information shall not be accessible through the health information organization later than thirty days after the health information organization receives notice, in the manner explained in the health information organization's notice of health information practices, of the individual's decision to opt out. A person who receives de-identified information from the health information organization may not use such de-identified information, either alone or in combination with other information, to identify an individual.

G. If there is a material change to a health information organization's notice of health information practices, including the health information organization's capability to implement individual preferences for sharing or segregating individually identifiable health information, a health care provider must redistribute the notice of health information practices at the next point of contact with the individual or in the same manner and within the same time period as is required by 45 Code of Federal Regulations section 164.528 in relation to the health care provider's notice of privacy practices, whichever comes first.
A.R.S. § 36-559 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 559
36-559 Eligibility for developmental disabilities programs, services and facilities
Status: in_force

36-559. Eligibility for developmental disabilities programs, services and facilities

A. Except as provided in subsection B of this section, a person with a developmental disability is eligible to apply for developmental disabilities programs, services and facilities operated by, licensed and supervised by or supported by the department if such person:

1. Is a bona fide resident of the state of Arizona.

2. Is a person with a developmental disability as defined in this chapter and provides medical and psychological documentation of such developmental disability utilizing tests which are culturally appropriate and valid, or is an infant and as a result of tests performed pursuant to section 36-694, or other appropriate tests, there is strongly demonstrated potential that the infant has a developmental disability or will have a developmental disability.

B. After the department conducts preadmission screening pursuant to section 36-2936 and determines that a person with a developmental disability may be potentially eligible for the Arizona long-term care system pursuant to chapter 29, article 2 of this title, the person shall be referred to the Arizona health care cost containment system administration for an eligibility determination pursuant to section 36-2933, if either of the following applies:

1. The person is a new applicant who is not receiving services and applies for services pursuant to this chapter.

2. The person is eligible for services pursuant to this chapter and would receive services, other than case management, if state funding were available.

C. A person who is referred to the Arizona health care cost containment system administration shall first be determined eligible or ineligible for the Arizona long-term care system, pursuant to chapter 29, article 2 of this title, before receiving services pursuant to this chapter. Applicants who voluntarily refuse to cooperate in the eligibility process are not eligible for services pursuant to this chapter. An applicant's or current service recipient's refusal to establish or convert an estate or trust pursuant to section 36-2934.01 shall be deemed a voluntary refusal to cooperate.  A form explaining loss of benefits due to a voluntary refusal to cooperate shall be signed by the applicant or current service recipient.  Voluntary refusal to cooperate shall not be construed to mean the applicant's inability to obtain documentation required for eligibility determination.

D. The department shall determine eligibility. If the person is not eligible, the department of economic security shall refer the person to the department of health services for treatment as directed by the court to coordinate necessary and reasonable services. Services provided pursuant to this subsection are subject to the availability of funding.
A.R.S. § 36-569 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 569
36-569 Prohibitions; violations; classification
Status: in_force

36-569. Prohibitions; violations; classification

A. Improper, abusive treatment or neglect of a person with a developmental disability is prohibited. For the purposes of this section:

1. "Abusive treatment" means:

(a) Physical abuse by inflicting pain or injury to a client. This includes hitting, kicking, pinching, slapping, pulling hair or any sexual abuses.

(b) Emotional abuse which includes ridiculing or demeaning a client, making derogatory remarks to a client or cursing directed toward a client.

(c) Programmatic abuse which is the use of an aversive stimuli technique that has not been approved as a part of such person's individual program plan and which is not contained in the rules and regulations adopted pursuant to subsection B of section 36-561. This includes isolation or restraint of a client.

2. "Neglect" means:

(a) Intentional lack of attention to physical needs of clients such as toileting, bathing, meals and safety.

(b) Intentional failure to report client health problems or changes in health condition to immediate supervisor or nurse.

(c) Sleeping on duty or abandoning work station.

(d) Intentional failure to carry out a prescribed treatment plan for a client.

B. A person who violates any provision of this section is guilty of a class 2 misdemeanor.
A.R.S. § 36-409 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 409
36-409 Certification, licensure and monitoring of long-term care facilities, facilities and services
Status: in_force

36-409. Certification, licensure and monitoring of long-term care facilities, facilities and services

A. The department shall perform all necessary functions, including licensing, certification or monitoring, to implement federally approved standards for institutions, facilities, agencies or persons providing services pursuant to chapter 29, article 2 of this title. These functions shall only be performed pursuant to an interagency agreement which the director of the Arizona health care cost containment system administration shall enter into with the department. A skilled nursing facility, hospice or home health agency shall not be certified pursuant to this section unless it is also certified under title XVIII of the social security act.

B. Nursing care institutions and hospices shall make financial records available to the Arizona health care cost containment system administration for purposes of certified financial audits conducted pursuant to chapter 29, article 2 of this title.
A.R.S. § 36-558 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 558
36-558 Establishment and maintenance of programs and services; definition
Status: in_force

36-558. Establishment and maintenance of programs and services; definition

A. In addition to the Arizona training program facilities at Randolph and Tucson, the director shall establish and maintain a state owned and operated service center in Phoenix and other developmental disabilities programs and services at other locations throughout the state, subject to the availability of funds for such purpose and the approval of the legislature.

B. The director is responsible for the operation of each developmental disabilities program and service, shall coordinate these services and shall permit the transfer of residents between the various programs.

C. The department may provide, but not be limited to, the following programs and services in addition to other services prescribed by the director:

1. Child services, which may include:

(a) Infant stimulation.

(b) Developmental day training and related preschool programs.

(c) Special education at department facilities.

2. Adult services, which may include:

(a) Job training for specific jobs.

(b) Training and personal adjustment tools such as the teaching of work skills.

(c) Job development and placement.

(d) The provision of sheltered employment opportunities.

(e) Adult day activity services.

3. Residential services, which shall include:

(a) Arizona training program facilities.

(b) State owned and operated service centers.

(c) Community residential settings under varying degrees of supervision or a semi-independent living arrangement.

(d) Respite care.

4. Resource services, which may include:

(a) Diagnoses and evaluations.

(b) Therapy services, including physical therapy, speech therapy, occupational therapy and behavioral therapy.

(c) Health-related services, including dental services.

(d) Social development and adjustment services, including recreation programs.

(e) Transportation.

(f) Information and referral.

(g) In-home services.

5. Public information resources on developmental disabilities.

6. Training and practicum programs in conjunction with other state agencies and universities and colleges for teachers, psychologists, social workers, medical personnel and others interested in the field of developmental disabilities.

7. Research laboratories in the fields of behavioral services and abstract research.

8. Guardianship services.

D. Services of a facility may not supplant existing community services that are provided through other local, city or state resources.

E. The department shall stimulate, cooperate with and promote the development of community programs through existing resources and provide consultation wherever needed.

F. A service provider who is providing guardianship services must comply with the disclosure requirements of section 14-5106 and shall not provide services to a person with developmental disabilities that would cause a conflict of interest or that would jeopardize the service provider's ability to represent the person with developmental disabilities as a guardian.

G. For the purposes of this section, "guardianship services" means services offered to a person with developmental disabilities by a service provider who is under contract with the division to act as a guardian to a person with developmental disabilities if no other appropriate guardian is available.
A.R.S. § 36-412 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 412
36-412 Nursing care institutions; employment
Status: in_force

36-412. Nursing care institutions; employment

The department shall not adopt any rule that prohibits an administrator of a nursing care institution from employing a person who is sixteen years of age or older, who provides direct care to residents and who otherwise meets the requirements of section 32-1645.
A.R.S. § 36-1312 — Arizona Code / Title 36 / Chapter 11.1 / Article 1 / Section 1312
36-1312 Availability of investigational drugs, biological products or devices; costs; insurance coverage
Status: in_force

36-1312. Availability of investigational drugs, biological products or devices; costs; insurance coverage

(Caution:  1998 Prop. 105 applies)

A. A manufacturer of an investigational drug, biological product or device may make available the manufacturer's investigational drug, biological product or device to eligible patients pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.

B. A manufacturer may:

1. Provide an investigational drug, biological product or device to an eligible patient without receiving compensation.

2. Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product or device.

3. Require an eligible patient to participate in data collection relating to the use of the investigational drug, biological product or device.

C. This article does not require a health care insurer or any state agency to provide coverage for the cost of any investigational drug, biological product or device.  A health care insurer may provide coverage for an investigational drug, biological product or device.
A.R.S. § 36-450 — Arizona Code / Title 36 / Chapter 4 / Article 11 / Section 450
36-450 Definitions
Status: in_force

36-450. Definitions

In this article, unless the context otherwise requires:

1. "Health professional" has the same meaning prescribed in section 32-3201.

2. "Professional standards of practice" means practicing within the scope of licensure.

3. "Retaliatory action" means termination of or other adverse action against a health professional’s employment taken by a health care institution because the professional has made a report pursuant to this article.
A.R.S. § 36-692 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 692
36-692 Standards for county participation
Status: in_force

36-692. Standards for county participation

The director of department of health services shall by regulations establish standards for the involvement of local health departments in meeting minimum requirements for providing maternal and child health services in accordance with title V, of the social security act.
A.R.S. § 36-2226 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2226
36-2226 Emergency administration of epinephrine by Good Samaritans; exemption from civil liability
Status: in_force

36-2226. Emergency administration of epinephrine by Good Samaritans; exemption from civil liability

A. Notwithstanding any other law, a person may administer epinephrine to another person who is suffering from a severe allergic reaction if the person acts in good faith and without compensation for the act of administering the epinephrine and a health professional who is qualified to administer epinephrine is not immediately available.

B. A person who administers epinephrine pursuant to subsection A is not subject to civil liability for any injury that results from that act unless the person acts with gross negligence, wilful misconduct or intentional wrongdoing.
A.R.S. § 36-545.09 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.09
36-545.09 Building renewal fund; purpose
Status: in_force

36-545.09. Building renewal fund; purpose

Subject to legislative approval a building renewal fund is established for the purpose of major maintenance of the state owned properties located at 1930 east 6th street and 2075 north 6th avenue, Tucson, Arizona. The building renewal fund shall be subject to legislative appropriation. The fund shall consist of monies collected from the lease of these properties. The department of health services shall administer the fund. Fund monies are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-1419 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1419
36-1419 Payments in lieu of taxes authorized
Status: in_force

36-1419. Payments in lieu of taxes authorized

A. When a housing project is owned and administered by a housing authority under this article, the housing authority and the city, town or county in which the project is located may agree upon payments to be made in lieu of taxes.

B. Taxing authorities are authorized and directed to accept such payments and funds so collected in the same manner as other taxes are collected.
A.R.S. § 36-416 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 416
36-416 Registered dietitians; qualified nutrition professionals; hospital orders; definitions
Status: in_force

36-416. Registered dietitians; qualified nutrition professionals; hospital orders; definitions

A. A hospital that is licensed pursuant to section 36-422 may allow a registered dietitian or other qualified nutrition professional to order diets, enteral feeding, nutritional supplementation or parenteral nutrition if authorized by medical staff pursuant to 42 Code of Federal Regulations section 482.28(b) and if both:

1. The hospital's written policies and procedures allow registered dietitians or other qualified nutrition professionals to issue such orders.

2. The hospital has written policies and procedures that address the hospital's response to adverse events, if any, that arise as a result of orders issued by a registered dietitian or other qualified nutrition professional.

B. For the purposes of this section:

1. "Qualified nutrition professional" means a nutrition professional who is deemed qualified by a hospital for which the person works.

2. "Registered dietitian" means a person who meets the qualifications of the credentialing agency for the American academy of nutrition and dietetics.
A.R.S. § 36-108.01 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 108.01
36-108.01 Department of health services funds; purposes; annual report
Status: in_force

36-108.01. Department of health services funds; purposes; annual report

A. The health services lottery monies fund is established consisting of monies transferred pursuant to section 5-572, subsection C for teenage pregnancy prevention programs established by Laws 1995, chapter 190, sections 2 and 3, the health start program established by section 36-697 and the federal women, infants and children food program.  The department shall administer the fund.  Monies in the fund are continuously appropriated.

B. The intergovernmental agreements/interagency services agreements fund is established consisting of all monies received by the department through intergovernmental agreements, interagency services agreements and transfers between the department and other state and local entities.  The department shall administer the fund.  Monies in the fund are continuously appropriated.

C. The department shall report annually to the joint legislative budget committee on the revenues, expenditures and ending balances from the previous, current and subsequent fiscal years of the funds established in this section.
A.R.S. § 36-851.03 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 851.03
36-851.03 Procurement organizations; requirements; records; rules; inspection
Status: in_force

36-851.03. Procurement organizations; requirements; records; rules; inspection

A. Except as provided in section 36-851.02, each procurement organization that is required to be licensed pursuant to section 36-851.01 shall do all of the following:

1. Designate a medical director who is a physician licensed pursuant to title 32, chapter 13 or 17 and who provides medical guidance to determine donor eligibility.

2. Employ a director who holds at least a bachelor's degree in a related science from an accredited university and who is responsible for all licensed activities of the organization.

3. Comply with all of the following as adopted in rule by the department of health services:

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

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

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

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

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

(f) Final disposition procedures.

4. Implement and maintain all of the following:

(a) Standard operating procedures for all licensed functions of the organization.

(b) A safety awareness and blood-borne pathogen training program that complies with state and federal law.

(c) A cleaning program that mitigates potential cross-contamination between donors.

5. Provide a designated area for tissue recovery that:

(a) Is open to inspection by the department of health services with or without notice.

(b) Does not operate in a funeral establishment for the recovery of whole bodies for medical research and education.

6. Properly track donors and label tissue by doing both of the following:

(a) Assigning a unique identifying number to each donor and using this number for all tissue from that donor that is recovered and distributed.

(b) Affixing labels with the following information on all nontransplant tissue specimens:

(i) A statement that universal precautions will be used.

(ii) A statement that the specimen is not for transplant or clinical use.

(iii) Any condition or limitation regarding the use of the specimen.

(iv) Contact information for the procurement organization.

7. Maintain the following records for ten years after the last date of tissue distribution:

(a) A copy or recorded consent of the donation authorization.

(b) A copy of the donor's death certificate and transit permit issued by the state where the death occurred.

(c) A copy of the donor's physical assessment and risk assessment questionnaire.

(d) A copy of the donor's serological results, when applicable.

(e) A copy of all documentation relating to tissue recovery, storage and distribution activities.

B. The department of health services shall adopt rules that follow, as nearly as practicable, the requirements on equivalent subjects specified in subsection A of this section that are set forth in the accreditation requirements of a nationally recognized  accrediting agency that is approved by the department.

C. A procurement organization that is subject to the requirements of this section is subject to inspection by the department of health services at any time to evaluate the compliance by the procurement organization with the requirements of this article and the rules adopted by the department.
A.R.S. § 36-495.15 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.15
36-495.15 Environmental laboratory licensure revolving fund; use
Status: in_force

36-495.15. Environmental laboratory licensure revolving fund; use

A. The environmental laboratory licensure revolving fund is established in the department which consists of monies from gifts, grants, donations, fees derived from department sponsored workshops, conferences and seminars and fees collected pursuant to this chapter.

B. Subject to legislative appropriation, monies in the fund shall be used to support the administration of this chapter and for the costs incurred in administering this chapter and rules adopted for the implementation of this chapter.

C. Monies in the fund are exempt from section 35-190. Interest earned on monies in the fund shall be credited to the fund.
A.R.S. § 36-2608 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2608
36-2608 Reporting requirements; waiver; exceptions
Status: in_force

36-2608. Reporting requirements; waiver; exceptions

A. If a medical practitioner dispenses a controlled substance listed in section 36-2513, 36-2514, 36-2515 or 36-2516 or the rules adopted pursuant to chapter 27, article 2 of this title, or if a prescription for a controlled substance listed in any of those sections that is approved by the United States food and drug administration is dispensed by a pharmacy in this state, a health care facility in this state for outpatient use or a board-permitted nonresident pharmacy for delivery to a person residing in this state, the medical practitioner, health care facility or pharmacy must report the following information as applicable and as prescribed by the board by rule:

1. The name, address, telephone number, prescription number and United States drug enforcement administration controlled substance registration number of the dispenser.

2. The name, address and date of birth of the person for whom the prescription is written.

3. The name, address, telephone number and United States drug enforcement administration controlled substance registration number of the prescribing medical practitioner.

4. The name, strength, quantity, dosage and national drug code number of the schedule II, III, IV or V controlled substance dispensed.

5. The date the prescription was dispensed.

6. The number of refills, if any, authorized by the medical practitioner.

B. Except as provided in subsection D of this section, a dispenser must use the latest version of the standard implementation guide for prescription monitoring programs published by the American society for automation in pharmacy to report the required information.

C. The board shall allow the reporter to transmit the required information by electronic data transfer if feasible or, if not feasible, on reporting forms as prescribed by the board. The reporter shall submit the required information once each day.

D. A dispenser who does not have an automated recordkeeping system capable of producing an electronic report in the established format may request a waiver from electronic reporting by submitting a written request to the board. The board shall grant the request if the dispenser agrees in writing to report the data by submitting a completed universal claim form as prescribed by the board by rule.

E. The board by rule may prescribe the prescription form to be used in prescribing a schedule II, III, IV or V controlled substance if the board determines that this would facilitate the reporting requirements of this section.

F. The reporting requirements of this section do not apply to the following:

1. A controlled substance that is administered directly to a patient.

2. A controlled substance that is dispensed by a medical practitioner at a health care facility licensed by this state if the quantity dispensed is limited to an amount adequate to treat the patient for a maximum of seventy-two hours with not more than two seventy-two-hour cycles within any fifteen-day period.

3. A controlled substance sample.

4. The wholesale distribution of a schedule II, III, IV or V controlled substance. For the purposes of this paragraph, "wholesale distribution" has the same meaning prescribed in section 32-1981.

5. A facility that is registered by the United States drug enforcement administration as a narcotic treatment program and that is subject to the recordkeeping provisions of 21 Code of Federal Regulations section 1304.24.
A.R.S. § 36-2905 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905
36-2905 Removal of medicaid special exemption for payments to contractors; civil penalty
Status: in_force

36-2905. Removal of medicaid special exemption for payments to contractors; civil penalty

A. Notwithstanding any other law, beginning on October 1, 2003, each contractor shall pay to the director of the department of insurance and financial institutions a tax equal to two percent of the total capitation, including reinsurance, and any other reimbursement paid to the contractor by the administration for persons eligible pursuant to section 36-2901, paragraph 6, subdivisions (a) and (g) and article 4 of this chapter. The tax shall be paid in four payments pursuant to subsection C of this section and deposited in the state general fund pursuant to sections 35-146 and 35-147.

B. The contractor shall not deduct any disallowance or penalty imposed by the administration pursuant to this chapter from the financial information submitted to the director of the department of insurance and financial institutions.

C. Each contractor shall file the estimated tax and documentation with the director of the department of insurance and financial institutions on a form prescribed by the director of the department of insurance and financial institutions to pay the estimated tax. A contractor shall make estimated tax payments to the director of the department of insurance and financial institutions for deposit in the state general fund pursuant to sections 35-146 and 35-147. The tax payments are due on or before September 15, December 15, March 15 and June 15 of each year. The amount of the payments shall be an estimate of the tax due for the quarter that ends in the month that payment is due.

D. On or before April 1, 2004 and annually on or before April 1 thereafter, the director of the department of insurance and financial institutions shall use data provided by the administration to reconcile the amount paid by each contractor pursuant to this section with the actual amount of title XIX and title XXI reimbursement made by the administration to the contractor in the preceding calendar year. If there is a discrepancy in the two amounts, the director of the department of insurance and financial institutions shall notify the contractor of the difference, provide a notice of right of appeal and bill the contractor for the unpaid amount of the premium tax or, if there is an overpayment, the director of the department of insurance and financial institutions shall either refund the amount of the overpayment to the contractor or issue a credit for the amount of the overpayment that the contractor can apply against future tax obligations prescribed by this section.

E. A contractor that fails to file an estimated payment or pay an unpaid premium tax as prescribed by this section is subject to a civil penalty equal to the greater of $25 or five percent of the amount due and is subject to interest on the amount due at the rate of one percent per month from the date the amount was due.

F. From and after December 31, 2017, the director of the department of insurance and financial institutions may require that reports and payments under this section be submitted electronically. If the director requires electronic submission, the director shall include on the department of  insurance and financial institution's official website a list of one or more acceptable methods by which a contractor must submit reports and payments.
A.R.S. § 36-531 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 531
36-531 Evaluation; possible dispositions; release
Status: in_force

36-531. Evaluation; possible dispositions; release

A. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released if, in the opinion of the medical director of the agency, further evaluation is not appropriate unless the person applies for further care and treatment on a voluntary basis.

B. If it is determined on an evaluation of the patient's condition that the patient is, as a result of a mental disorder, a danger to self or to others or has a persistent or acute disability or a grave disability, the medical director in charge of the agency that provided the evaluation, unless the person applies for further care and treatment on a voluntary basis, shall prepare, sign and file a petition for court-ordered treatment on the same or a succeeding court day unless the county attorney performs the functions of preparing, signing or filing the petition as provided in subsection C of this section.

C. The agency may contact the county attorney to obtain assistance in preparing the petition for court-ordered treatment, and the agency may request the advice and judgment of the county attorney in reaching a decision as to whether court-ordered treatment is justified.

D. A person who is being evaluated on an inpatient basis in an evaluation agency shall be released within seventy-two hours, excluding weekends and holidays, from the time that the person is hospitalized pursuant to a court order for evaluation, unless the person applies for further care and treatment on a voluntary basis or unless a petition for court-ordered treatment has been filed pursuant to subsection B of this section.

E. If a prosecutor filed a petition pursuant to section 13-4517, the medical director of an evaluation agency shall provide notice within twenty-four hours to the court and the prosecuting agency of the medical director's intention to release the person under this section. If the person has been remanded to an evaluation agency pursuant to section 13-4517, the evaluation agency shall detain the person for an additional twenty-four hours to allow for the provision of any required notices. The medical director shall provide the patient's records, including medical and treatment records, to the court and the prosecuting agency.

F. The administration may conduct jointly with a school district, directly or indirectly, an educational evaluation pursuant to sections 15-765 and 15-766 for nonadjudicated youth. The evaluation information may be shared by and among authorized personnel employed by the administration and the department of education, or authorized personnel from the local education agency, for purposes of ensuring the provision of special education and related services as required by the individuals with disabilities education act (20 United States Code sections 1400 through 1415).

G. If a person who is being evaluated on an inpatient basis is released pursuant to this section, the medical director of the evaluation agency shall make a written statement on a form and in a manner prescribed by the director stating why further evaluation was not appropriate and why release was appropriate.  A copy of this written statement shall be filed with the court that entered the order for court-ordered evaluation to be filed as a part of the court record and shall be made a part of the patient's medical record.
A.R.S. § 36-2517 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2517
36-2517 United States food and drug administration; approved medication
Status: in_force

36-2517. United States food and drug administration; approved medication

Any compound, mixture or preparation that contains cannabidiol and that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration is a controlled substance for the purposes of this chapter and may be prescribed in this state.
A.R.S. § 36-3434 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3434
36-3434 Current service delivery system; continuation
Status: in_force

36-3434. Current service delivery system; continuation

Nothing in this article relieves the state department of corrections, the department of economic security, the department of child safety, the department of education, the Arizona health care cost containment system, the department of health services or the Arizona supreme court from any current responsibility as prescribed by state or federal law.
A.R.S. § 36-624 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 624
36-624 Quarantine and sanitary measures to prevent contagion
Status: in_force

36-624. Quarantine and sanitary measures to prevent contagion

When a county health department or public health services district is apprised that infectious or contagious disease exists within its jurisdiction, it shall immediately make an investigation.  If the investigation discloses that the disease does exist, the county health department or public health services district may adopt quarantine and sanitary measures consistent with department rules and sections 36-788 and 36-789 to prevent the spread of the disease.  The county health department or public health services district shall immediately notify the department of health services of the existence and nature of the disease and measures taken concerning it.
A.R.S. § 36-142.01 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 142.01
36-142.01 Arizona rare disease advisory council; purpose; membership; duties; annual report
Status: in_force

36-142.01. Arizona rare disease advisory council; purpose; membership; duties; annual report

A. The Arizona rare disease advisory council is established in the department. The council shall provide guidance and recommendations to educate the public, the legislature and other government agencies and departments, as appropriate, on the needs of individuals who have rare diseases and who are living in this state.

B. The council's appointment process shall be conducted in a transparent manner to provide interested individuals an opportunity to apply for membership on the council. All members of the council shall be full-time residents of this state, if practicable. Membership shall include a diverse set of stakeholders who represent the geographic and population diversity of this state.  The council consists of the following members:

1. One person who represents an academic research institution in this state that receives grant funding for rare disease research and who is appointed by the speaker of the house of representatives.

2. One person who represents the department and who is appointed by the governor.

3. One person who represents the Arizona health care cost containment system and who is appointed by the governor.

4. One representative from the department of insurance and financial institutions who is appointed by the governor.

5. One registered nurse or advanced practice registered nurse who is licensed and practicing in this state, who has experience treating rare diseases and who is appointed by the governor.

6. Two physicians who are practicing in this state and who have experience treating patients with rare diseases, one of whom has experience working with pediatric populations and who is appointed by the governor and one of whom is appointed by the president of the senate.

7. One geneticist or genetic counselor who is appointed by the governor.

8. One hospital administrator, or the hospital administrator's designee, from a hospital in this state that provides care to persons diagnosed with rare diseases who is appointed by the president of the senate.

9. At least one patient who has a rare disease and who is appointed by the governor.

10. At least one caregiver of a person with a rare disease who is appointed by the governor.

11. One person who represents a rare disease patient organization that operates in this state and who is appointed by the speaker of the house of representatives.

12. A pharmacist with experience dispensing drugs used to treat rare diseases who is appointed by the governor.

13. One representative of the biopharma industry who is appointed by the president of the senate.

14. One representative of a health insurer who is appointed by the president of the senate.

15. One member of the scientific community who is a medical researcher with experience conducting research on rare diseases and who is appointed by the speaker of the house of representatives.

16. One mental health provider with experience treating patients with rare diseases in this state who is appointed by the speaker of the house of representatives.

C. The initial meeting of the council shall occur within ninety days after September 26, 2025.  During the first year, the council shall meet at least once per month. The council may meet in person or via an online meeting platform. The council shall provide opportunities for the public to hear updates on the council's work and to provide input. The council shall develop and maintain a public website on which meeting minutes and meeting notices may be posted and public comments may be submitted.

D. Council members shall serve three-year terms. Council members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

E. The council may conduct the following activities to benefit those impacted by rare diseases in this state:

1. Convene public hearings, make inquiries and solicit comments from the public in this state to assist the council with a first-year landscape or survey of the unmet needs of rare disease patients, caregivers and providers in this state.

2. Provide testimony and comments on pending legislation and rules that impact this state's rare disease community.

3. Consult with experts on rare diseases to develop policy recommendations that improve patient access to, and quality of, rare disease specialists, affordable and comprehensive health care coverage, relevant diagnostics, timely treatment and other needed services.

4. Research and make recommendations to state agencies and health insurers that provide services to persons with rare diseases regarding the impact of orphan drug pricing, prior authorization, cost sharing or other barriers to providing treatment and care for patients.

5. Evaluate and make recommendations to improve the Arizona health care cost containment system and state-regulated private health insurance coverage of drugs for rare disease patients, including engaging with the pharmacy and therapeutics committee, to improve coverage of diagnostics and facilitate access to necessary health care providers with expertise in treating rare diseases.

6. Identify and distribute educational resources for health care providers to foster recognition and optimize treatment of rare diseases in this state.

F. On or before December 1 of each year, the council shall submit a report to the governor and the chairpersons and ranking members of the health and human services committees of the senate and the house of representatives, or their successor committees. Before submission, a draft of the annual report shall be made available for public comment and discussed at an open public meeting.  The annual report shall:

1. Describe the activities and progress of the council pursuant to this section.

2. Provide recommendations to the governor and the legislature on ways to address the needs of people living with rare diseases in this state.

G. The council may solicit gifts, grants and donations for operations, activities and initiatives of the council.
A.R.S. § 36-3261 — Arizona Code / Title 36 / Chapter 32 / Article 5 / Section 3261
36-3261 Living will; verification; liability
Status: in_force

36-3261. Living will; verification; liability

A. An adult may prepare a written statement known as a living will to control the health care treatment decisions that can be made on that person's behalf. The person may use the living will as part of or instead of a health care power of attorney or to disqualify a surrogate.

B. If the living will is not part of a health care power of attorney, the person shall verify his living will in the same manner as prescribed by section 36-3221.

C. A health care provider who makes good faith health care decisions based on the provisions of an apparently genuine living will is immune from criminal and civil liability for those decisions to the same extent and under the same conditions as prescribed in section 36-3205.
A.R.S. § 36-2806.01 — Arizona Code / Title 36 / Chapter 28.1 / Section 2806.01
36-2806.01 Dispensary locations
Status: in_force

36-2806.01. Dispensary locations

(Caution:  1998 Prop. 105 applies)

Cities, towns and counties may enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas in the manner provided in title 9, chapter 4, article 6.1, and title 11, chapter 6, article 2.
A.R.S. § 36-198 — Arizona Code / Title 36 / Chapter 1 / Article 6 / Section 198
36-198 Drug overdose fatality review team; members; duties; local drug overdose fatality review teams; confidentiality
Status: in_force

36-198. Drug overdose fatality review team; members; duties; local drug overdose fatality review teams; confidentiality

(Rpld. 1/1/29)

A. The drug overdose fatality 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 attorney general.

2. The department of health services.

3. The Arizona health care cost containment system.

4. The department of economic security.

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

6. The administrative office of the courts.

7. The state department of corrections.

8. The Arizona council of human services providers.

9. 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 public member.

5. A representative of a professional emergency management system association.

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

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

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

9. A representative of an association representing hospitals.

10. A health care professional who specializes in the prevention, diagnosis and treatment of substance use disorders.

11. 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 five thousand persons or more.

C. The review team shall:

1. Develop a drug overdose fatalities data collection system.

2. Conduct an annual analysis on the incidence and causes of drug overdose fatalities in this state during the preceding fiscal year.

3. Encourage and assist in the development of local drug overdose fatality review teams.

4. Develop minimum standards and protocols for local drug overdose fatality review teams and provide training and technical assistance to these teams.

5. Develop protocols for drug overdose 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 drug overdose fatalities and, as appropriate, take steps to implement these changes.

7. Educate the public regarding the incidence and causes of drug overdose fatalities as well as the public's role in preventing these deaths.

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

D. 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 review team.

F. Law enforcement agencies shall provide unredacted department reports to the chairperson or team coordinator of a local drug overdose fatality review team on request.  All information and records acquired by a local drug overdose fatality review team are confidential and are not subject to subpoena, discovery or introduction into evidence in a civil or criminal proceeding or disciplinary action. Information and records that are otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because the information or record was presented to or reviewed by a local drug overdose fatality review team.

G. A member of a local drug overdose fatality review team or any person who presents information to a local drug overdose fatality review team may not be questioned in any civil or criminal proceeding or disciplinary action regarding the information presented. This subsection does not prevent a person from testifying regarding information obtained independently of the local drug overdose fatality review team or as to public information.
A.R.S. § 36-2172 — Arizona Code / Title 36 / Chapter 21 / Article 1 / Section 2172
36-2172 Primary care provider loan repayment program; purpose; eligibility; default; use of monies
Status: in_force

36-2172. Primary care provider loan repayment program; purpose; eligibility; default; use of monies

A. The primary care provider loan repayment program is established in the department to pay off portions of education loans taken out by physicians, dentists, pharmacists, advance practice providers and behavioral health providers.

B. The department shall prescribe application and eligibility requirements that are consistent with the requirements of the national health service corps loan repayment program (42 Code of Federal Regulations part 62). To be eligible to participate in the primary care provider loan repayment program, an applicant shall meet all of the following requirements:

1. Have completed the final year of a course of study or program approved by recognized accrediting agencies for higher education in a health profession licensed pursuant to title 32 or hold an active license in a health profession licensed pursuant to title 32.

2. Demonstrate current or prospective employment with a public or nonprofit entity located and providing services in a federally designated health professional shortage area in this state as designated under 42 Code of Federal Regulations part 5.

3. Contract with the department to serve and be qualified to serve in general dentistry, family medicine, pediatrics, obstetrics, internal medicine, geriatrics, psychiatry, pharmacy or behavioral health.

C. In addition to the requirements of subsection B of this section, an applicant who is a physician shall meet both of the following requirements:

1. Have completed a professional residency program in family medicine, pediatrics, obstetrics, internal medicine or psychiatry or a fellowship, residency or certification program in geriatrics.

2. Contract with the department to serve for at least two years.

D. An advance practice provider, behavioral health provider or dentist who participates in the primary care provider loan repayment program shall initially contract with the department to provide services pursuant to this section for at least two years.

E. An applicant who works at an Indian health service facility or tribal or urban Indian health facility is not required to provide a sliding fee scale to be eligible for the program.

F. In making recommendations for the primary care provider loan repayment program, the department shall give priority to applicants who:

1. Intend to practice in rural areas most in need of primary care services.

2. Have been assigned to a high-need health professional shortage area pursuant to 42 Code of Federal Regulations part 5.

3. Meet criteria established in rule to determine priority consistent with the national health service corps loan repayment program (42 Code of Federal Regulations part 62, subpart B).

G. All loan repayment contract obligations are subject to the availability of monies and legislative appropriation. The department may cancel or suspend a loan repayment contract based on unavailability of monies for the program. The department is not liable for any claims, actual damages or consequential damages arising out of a cancellation or suspension of a contract.

H. This section does not prevent the department from encumbering an amount that is sufficient to ensure payment of each primary care provider loan for the services rendered during a contract period.

I. The department shall issue program monies to pay primary care provider loans that are limited to the amount of principal, interest and related expenses of educational loans, not to exceed the provider's total student loan indebtedness, according to the following schedule:

1. For physicians and dentists:

(a) For the first two years of service, a maximum of $65,000.

(b) For subsequent years, a maximum of $35,000.

2. For advance practice providers, pharmacists and behavioral health providers:

(a) For the first two years of service, a maximum of $50,000.

(b) For subsequent years, a maximum of $25,000.

J. A participant in the primary care provider loan repayment program who breaches the loan repayment contract by failing to begin or to complete the obligated services is liable for liquidated damages in an amount equivalent to the amount that would be owed for default as prescribed by the federal grants to states for loan repayment program or as determined and authorized by the department. The department may waive the liquidated damages provisions of this subsection if it determines that death or permanent physical disability accounted for the failure of the participant to fulfill the contract. The department may prescribe additional conditions for default, cancellation, waiver or suspension that are consistent with the national health service corps loan repayment program (42 Code of Federal Regulations sections 62.27 and 62.28).

K. Notwithstanding section 41-192, the department may retain legal counsel and commence whatever actions are necessary to collect loan payments and charges if there is a default or a breach of a contract entered into pursuant to this section.

L. The director of the department may authorize the program to be implemented independent of the federal grants for state loan repayment program based on the needs of this state.

M. The department may use monies to develop programs such as resident-to-service loan repayment and employer recruitment assistance to increase participation in the primary care provider loan repayment program.  The department may use private donations, grants and federal monies to implement, support, promote or maintain the program.
A.R.S. § 36-2939 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2939
36-2939 Long-term care system services; definitions
Status: in_force

36-2939. Long-term care system services; definitions

A. The following services shall be provided by the program contractors to members who are determined to need institutional services pursuant to this article:

1. Nursing facility services other than services in an institution for tuberculosis or mental disease.

2. Notwithstanding any other law, behavioral health services if these services are not duplicative of long-term care services provided as of January 30, 1993 under this subsection and are authorized by the program contractor through the long-term care case management system. If the administration is the program contractor, the administration may authorize these services.

3. Hospice services. For the purposes of this paragraph, "hospice" means a program of palliative and supportive care for terminally ill members and their families or caregivers.

4. Case management services as provided in section 36-2938.

5. Health and medical services as provided in section 36-2907.

6. Dental services as follows:

(a) Except as provided in subdivision (b) of this paragraph, 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 are in excess of the limit prescribed in subdivision (a) of this paragraph.

7. 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. In addition to the services prescribed in subsection A of this section, the department, as a program contractor, shall provide the following services if appropriate to members who have a developmental disability as defined in section 36-551 and who are determined to need institutional services pursuant to this article:

1. Intermediate care facility services for a member who has a developmental disability as defined in section 36-551. For purposes of this article, a facility shall meet all federally approved standards and may only include the Arizona training program facilities, a state owned and operated service center, state owned or operated community residential settings and private facilities that contract with the department.

2. Home and community based services that may be provided in a member's home, at an alternative residential setting as prescribed in section 36-591 or at other behavioral health alternative residential facilities licensed by the department of health services and approved by the director of the Arizona health care cost containment system administration and that may include:

(a) Home health, which means the provision of nursing services, licensed health aide 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 a physician's or allowed practitioner's orders and in accordance with federal law. Physical therapy, occupational therapy, or speech and audiology services provided by a home health agency may be provided in accordance with federal law.  Home health agencies shall comply with federal bonding requirements in a manner prescribed by the administration.

(b) Licensed health aide services, which means a home health agency service provided pursuant to subsection G of this section that is ordered by a physician or an allowed practitioner on the member's plan of care and provided by a licensed health aide who is licensed pursuant to title 32, chapter 15.

(c) Home health aide, which means a service that provides intermittent health maintenance, continued treatment or monitoring of a health condition and supportive care for activities of daily living provided within a member's residence.

(d) Homemaker, which means a service that provides assistance in the performance of activities related to household maintenance within a member's residence.

(e) Personal care, which means a service that provides assistance to meet essential physical needs within a member's residence.

(f) Day care for persons with developmental disabilities, which means a service that provides planned care supervision and activities, personal care, activities of daily living skills training and habilitation services in a group setting during a portion of a continuous twenty-four-hour period.

(g) Habilitation, which means the provision of physical therapy, occupational therapy, speech or audiology services or training in independent living, special developmental skills, sensory-motor development, behavior intervention, and orientation and mobility in accordance with federal law.

(h) Respite care, which means a service that provides short-term care and supervision available on a twenty-four-hour basis.

(i) Transportation, which means a service that provides or assists in obtaining transportation for the member.

(j) Other services or licensed or certified settings approved by the director.

C. In addition to services prescribed in subsection A of this section, home and community based services may be provided in a member's home, in an adult foster care home as prescribed in section 36-401, in an assisted living home or assisted living center as defined in section 36-401 or in a level one or level two behavioral health alternative residential facility approved by the director by program contractors to all members who do not have a developmental disability as defined in section 36-551 and are determined to need institutional services pursuant to this article. Members residing in an assisted living center must be provided the choice of single occupancy. The director may also approve other licensed residential facilities as appropriate on a case-by-case basis for traumatic brain injured members. Home and community based services may include the following:

1. Home health, which 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 a physician's or allowed practitioner's orders and in accordance with federal law. Physical therapy, occupational therapy, or speech and audiology services provided by a home health agency may be provided in accordance with federal law. Home health agencies shall comply with federal bonding requirements in a manner prescribed by the administration.

2. Licensed health aide services, which means a home health agency service provided pursuant to subsection G of this section that is ordered by a physician or an allowed practitioner on the member's plan of care and provided by a licensed health aide who is licensed pursuant to title 32, chapter 15.

3. Home health aide, which means a service that provides intermittent health maintenance, continued treatment or monitoring of a health condition and supportive care for activities of daily living provided within a member's residence.

4. Homemaker, which means a service that provides assistance in the performance of activities related to household maintenance within a member's residence.

5. Personal care, which means a service that provides assistance to meet essential physical needs within a member's residence.

6. Adult day health, which means a service that provides planned care supervision and activities, personal care, personal living skills training, meals and health monitoring in a group setting during a portion of a continuous twenty-four-hour period. Adult day health may also include preventive, therapeutic and restorative health related services that do not include behavioral health services.

7. Habilitation, which means the provision of physical therapy, occupational therapy, speech or audiology services or training in independent living, special developmental skills, sensory-motor development, behavior intervention, and orientation and mobility in accordance with federal law.

8. Respite care, which means a service that provides short-term care and supervision available on a twenty-four-hour basis.

9. Transportation, which means a service that provides or assists in obtaining transportation for the member.

10. Home delivered meals, which means a service that provides for a nutritious meal that contains at least one-third of the recommended dietary allowance for an individual and that is delivered to the member's residence.

11. Other services or licensed or certified settings approved by the director.

D. The amount of monies expended by program contractors on home and community based services pursuant to subsection C of this section shall be limited by the director in accordance with the federal monies made available to this state for home and community based services pursuant to subsection C of this section. The director shall establish methods for allocating monies for home and community based services to program contractors and shall monitor expenditures on home and community based services by program contractors.

E. Notwithstanding subsections A, B, C, F and G of this section, a service may not be provided that does not qualify for federal monies available under title XIX of the social security act or the section 1115 waiver.

F. In addition to services provided pursuant to subsections A, B and C of this section, the director may implement a demonstration project to provide home and community based services to special populations, including persons with disabilities who are eighteen years of age or younger, are medically fragile, reside at home and would be eligible for supplemental security income for the aged, blind or disabled or the state supplemental payment program, except for the amount of their parent's income or resources. In implementing this project, the director may provide for parental contributions for the care of their child.

G. Consistent with the services provided pursuant to subsections A, B, C and F of this section and subject to approval by the centers for medicare and medicaid services, the director shall implement a program under which licensed health aide services may be provided to members who are under twenty-one years of age, who are eligible pursuant to section 36-2934, including members with developmental disabilities as defined in chapter 5.1, article 1 of this title, and who require continuous skilled nursing or skilled nursing respite care services. The licensed health aide services may be provided only by a parent, guardian or family member who is a licensed health aide employed by a medicare-certified home health agency service provider. Not later than sixty days after the approval of the rules implementing section 32-1645, subsection C, the director shall request any necessary approvals from the centers for medicare and medicaid services to implement this subsection and to qualify for federal monies available under title XIX of the social security act or the section 1115 waiver. The reimbursement rate for services provided under this subsection shall reflect the special skills needed to meet the health care needs of these members and shall exceed the reimbursement rate for home health aide services.

H. Subject to section 36-562, the administration by rule shall prescribe a deductible schedule for programs provided to members who are eligible pursuant to subsection B of this section, except that the administration shall implement a deductible based on family income. In determining deductible amounts and whether a family is required to have deductibles, the department shall use adjusted gross income. Families whose adjusted gross income is at least four hundred percent and less than or equal to five hundred percent of the federal poverty guidelines shall have a deductible of two percent of adjusted gross income.  Families whose adjusted gross income is more than five hundred percent of adjusted gross income shall have a deductible of four percent of adjusted gross income.  Only families whose children are under eighteen years of age and who are members who are eligible pursuant to subsection B of this section may be required to have a deductible for services. For the purposes of this subsection, "deductible" means an amount a family, whose children are under eighteen years of age and who are members who are eligible pursuant to subsection B of this section, pays for services, other than departmental case management and acute care services, before the department will pay for services other than departmental case management and acute care services.

I. For the purposes of this section:

1. "Allowed practitioner" means a nurse practitioner who is certified pursuant to title 32, chapter 15, a clinical nurse specialist who is certified pursuant to title 32, chapter 15 or a physician assistant who is certified pursuant to title 32, chapter 25.

2. "Tribal facility" has the same meaning prescribed in section 36-2981.
A.R.S. § 36-2024 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2024
36-2024 Treatment of alcoholics
Status: in_force

36-2024. Treatment of alcoholics

A. An alcoholic may apply for evaluation and treatment directly to any approved public or private treatment facility. If the applicant is a minor or incompetent person, either the applicant or a parent, legal guardian or other legal representative of the applicant shall apply for evaluation and treatment.

B. Subject to rules adopted by the department, the administrator in charge of any approved public or private treatment facility may determine who shall be admitted for evaluation and treatment. If a person is refused admission to an approved private treatment facility because of financial reasons, the administrator in charge, subject to rules established by the department, shall refer the person to an approved public treatment facility for treatment, if possible and appropriate.

C. If a patient who is receiving inpatient care leaves an approved treatment facility, the patient shall be encouraged to consent to appropriate outpatient treatment or intermediate treatment.
A.R.S. § 36-183.02 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 183.02
36-183.02 Sanitary regulations; notice
Status: in_force

36-183.02. Sanitary regulations; notice

A. Each county shall investigate all nuisances, sources of filth and causes of sickness and make regulations necessary for the public health and safety of the inhabitants.

B. The county shall give notice of all general orders and regulations by publishing them in a newspaper published within the jurisdiction of the county.  If there is no such newspaper, the county shall post the orders and regulations in five public places within the jurisdiction of the county and this constitutes legal notice to all persons.
A.R.S. § 36-2208 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2208
36-2208 Bureau of emergency medical services and trauma system
Status: in_force

36-2208. Bureau of emergency medical services and trauma system

A. There is established within the department a bureau of emergency medical services and trauma system that is responsible for coordinating, establishing and administering a statewide system of emergency medical services, trauma care and a trauma registry.

B. This chapter does not prevent any individual, law enforcement officer, public agency or member of a city, town, fire district or volunteer fire department from rendering on-site emergency medical care or, if, in terms of the existing medical situation, it is deemed not advisable to await the arrival of an ambulance, from transporting emergency medical patients to a hospital or an emergency receiving facility, except that if any patient objects on religious grounds, that patient shall not be administered any medical treatment or be transported to a hospital or an emergency receiving facility.

C. The director shall develop an annual statewide emergency medical and trauma services plan and submit that plan to the council for review and approval. The statewide plan shall then be submitted to the governor for final adoption. Before submitting the plan to the governor, the director shall accept comments from the authorized local agencies and governmental entities.

D. A local emergency medical services coordinating system shall develop a regional emergency medical services plan that includes a needs assessment and submit the plan to the director and to the authorized local agencies within the area. The regional plans shall be integrated into the statewide plan by the department.

E. The state plan shall contain a budget component for funding local and state emergency medical services systems from the emergency medical services operating fund established pursuant to section 36-2218 based on the needs assessment of the local emergency medical services coordinating system plans. The components shall be included in the department's budget through the normal appropriation process.
A.R.S. § 36-2063 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2063
36-2063 Fees; licensure and renewal; inspections; complaints; investigations; penalties and sanctions; third-party contractors
Status: in_force

36-2063. Fees; licensure and renewal; inspections; complaints; investigations; penalties and sanctions; third-party contractors

A. The department shall establish fees for initial licensure and license renewal of a sober living home and a fee for the late payment of licensing fees that includes a grace period. The department shall deposit, pursuant to sections 35-146 and 35-147, ninety percent of the fees collected pursuant to this section in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section in the state general fund.

B. On a determination by the director that there is reasonable cause to believe a sober living home is not adhering to the requirements of this article or the rules adopted pursuant to this article, the director and any duly designated employee or agent of the director may enter on and into the premises of any sober living home that is licensed or required to be licensed pursuant to this article at any reasonable time for the purpose of determining the state of compliance with this article, the rules adopted pursuant to this article and local fire ordinances or rules. Any application for licensure or license renewal under this article constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the license application or license renewal and, if licensed, during the term of the license.

C. Except as provided in section 36-2064, The department or its third-party contractor shall conduct a physical, on-site inspection of a sober living home to verify compliance with the requirements of this article and the rules adopted pursuant to this article at the following times:

1. Before issuing an initial license or approving any proposed change in the maximum number of residents or any construction of or modification to a sober living home. Applicants are not allowed to self-attest to compliance in lieu of this inspection.

2. At least annually for each sober living home.

3. On a determination by the director that there is reasonable cause to believe that a sober living home is not adhering to the requirements of this article or the rules adopted pursuant to this article.

4. On notification by a sober living home pursuant to subsection K of this section that the sober living home believes it is in substantial compliance with this article and the rules adopted pursuant to this article.

D. After receiving a complaint that identifies an alleged violation of this article or the rules adopted pursuant to this article, the department or its third-party contractor shall investigate the sober living home that is the subject of the complaint and shall conduct a physical inspection if requested by local law enforcement or if the director determines that there is reasonable cause to believe the sober living home is not adhering to the requirements of this article or the rules adopted pursuant to this article.

E. If an investigation or inspection of a sober living home reveals that a person has violated this article or the rules adopted pursuant to this article, the director may impose a civil penalty of not more than $1,000 for each violation, which may be assessed for each resident or person who the department determines was impacted by the violation. A person operating a sober living home in this state that has failed to obtain or maintain licensure of the sober living home shall pay an additional civil penalty of up to $1,000 for each violation. Each day that a violation occurs constitutes a separate violation. The director may issue a notice that includes the proposed amount of the civil penalty assessment. If a person requests a hearing to appeal an assessment, the director shall not take further action to enforce and collect the assessment until the hearing process is complete. The director shall impose a civil penalty only for those days for which the violation has been documented by the department.

F. In determining the amount of the civil penalty pursuant to subsection E of this section, the department shall consider all of the following:

1. Repeated violations of statutes or rules.

2. Patterns of noncompliance.

3. Types of violations.

4. The severity of violations.

5. The potential for and occurrences of actual harm, including to the sober living home's staff or residents.

6. Threats to health and safety, including to the sober living home's staff or residents.

7. The number of persons affected by the violations.

8. The number of violations.

9. The size of the facility.

10. The length of time that the violations have been occurring.

G. If a licensed or unlicensed sober living home has a business relationship with a person or entity that is found to be engaging in fraudulent, abusive or misleading health care-related practices, the sober living home is subject to civil penalties pursuant to this section, including license suspension or revocation.  Each day a violation occurs constitutes a separate violation.

H. Subject to title 41, chapter 6, article 10, except as provided in subsection J of this section, the director may deny, revoke or suspend a sober living home license if any owner, officer, agent or employee of the sober living home does any of the following:

1. Violates this article or the rules adopted pursuant to this article.

2. Commits a felony under the laws of any state or of the United States arising out of or in connection with the operation of a sober living home. The record of conviction or a copy of the record certified by the clerk of the court or by the judge who sentenced the person is conclusive evidence of conviction.

3. Knowingly aids, allows or abets the submission of false or inaccurate information required by this article or the rules adopted pursuant to this article.

4. Violates the requirements for licensure of the sober living home pursuant to this article.

I. If a licensee or any owner, officer, agent or employee of a sober living home refuses to allow the department or its employee or agent to inspect the sober living home's premises, that action shall be deemed reasonable cause to believe that a substantial violation of subsection H, paragraph 1 of this section exists.

J. If the director reasonably believes that a violation of subsection H of this section has occurred and that the life or safety of the sober living home's residents or staff or the public is immediately threatened or affected, on written notice to the owner or agent of the sober living home, the director may order one or more of the following intermediate sanctions until the sober living home is in substantial compliance with this article and the rules adopted pursuant to this article:

1. The immediate restriction of the acceptance and reacceptance of residents to the sober living home.

2. The selected transfer of residents out of the sober living home.

3. The reduction of the sober living home's capacity.

4. The termination of any specific service, policy, procedure or practice of the sober living home.

K. A sober living home that is sanctioned pursuant to subsection J of this section shall notify the department in writing when the sober living home believes it is in substantial compliance with this article and the rules adopted pursuant to this article. On receipt of this notification the department shall conduct an inspection. If the department determines that the sober living home is in substantial compliance, the director shall immediately rescind the sanction or sanctions. If the department determines that the sober living home is not in substantial compliance, the sanction or sanctions shall remain in effect. At least fourteen days after the date of the inspection, the sober living home may again notify the department that the sober living home is in substantial compliance and the department shall conduct another inspection. If the department determines on the repeat inspection that the sober living home is still not in substantial compliance, the sanction or sanctions shall remain in effect. The sober living home may notify the department of substantial compliance not sooner than thirty days after the date of the last inspection. The sober living home shall make all notifications of substantial compliance by certified mail. The department shall conduct all inspections required by this subsection within fourteen days after receiving a notification of substantial compliance. If the department does not conduct an inspection within this time period, the sanction or sanctions have no further effect.

L. A licensee that is subject to an intermediate sanction ordered by the director pursuant to subsection J of this section may request a hearing to review the director's action. The licensee shall make this request in writing with the office of administrative hearings within ten days after receiving notice of the director's action. The office of administrative hearings shall conduct an administrative hearing within seven business days after the notice of appeal has been filed.

M. In addition to any other remedies prescribed in this article, the director may issue a cease and desist order against a sober living home that does not hold a current or valid license or that exceeds the scope of activities or services authorized by a license issued pursuant to this article. The attorney general or a county attorney may bring an action for an injunction to restrain the violation or to enjoin the future operation or maintenance of the sober living home until the sober living home complies with this article or the rules adopted pursuant to this article. Before issuing a cease and desist order or bringing an action for an injunction pursuant to this section, the department may issue to the owner or agent of the licensed or unlicensed sober living home a certified letter that states the factual basis for the department's belief that the sober living home is operating in violation of this article or the rules adopted pursuant to this article. The department may include in the certified letter a description of the enforcement options available to the department if the violation or violations continue.

N. If a political subdivision of this state requests an update from the department on the status of the investigation of a complaint filed by the political subdivision relating to a sober living home, the department shall notify the political subdivision of the status within five business days after the request. If requested by the political subdivision, the department shall provide to the political subdivision the findings of its investigation, including copies of investigative reports without personal identifying information of the sober living home residents.

O. The department may contract with a third party to assist the department with licensure, investigations and inspections, except that the department shall not contract with any owner, operator, administrator, accrediting body or association of sober living homes.  Third-party contractors shall be paid from the health services licensing fund established by section 36-414.
A.R.S. § 36-431 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 431
36-431 Violation; classification
Status: in_force

36-431. Violation; classification

A. A person is guilty of a class 3 misdemeanor who:

1. Establishes, operates or maintains any class or subclass of health care institution, as defined in this chapter, unless the person holds a current and valid license for such class or subclass from the department.

2. Knowingly violates any provision of this chapter unless another classification is specifically prescribed in this chapter.

B. Each day that a violation continues shall constitute a separate violation.
A.R.S. § 36-3611 — Arizona Code / Title 36 / Chapter 36.1 / Article 1 / Section 3611
36-3611 Definitions
Status: in_force

36-3611. Definitions

In this article, unless the context otherwise requires:

1. "Board" means the state board of dental examiners.

2. "Dental provider" means a dental hygienist, affiliated practice dental hygienist or dental assistant who is licensed pursuant to title 32, chapter 11.

3. "Dentist" means a person who is licensed in the general practice of dentistry pursuant to title 32, chapter 11.

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

5. "Teledentistry" means the use of data transmitted through interactive audio, video or data communications for the purposes of examination, diagnosis, treatment planning, consultation and directing the delivery of treatment by dentists and dental providers in settings permissible under title 32, chapter 11 or specified in rules adopted by the board.
A.R.S. § 36-502.01 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 502.01
36-502.01 Powers and duties of director of the department of health services; rules; expenditure limitation
Status: in_force

36-502.01. Powers and duties of director of the department of health services; rules; expenditure limitation

A. The director of the department shall make rules that include standards for the state hospital when providing services as an evaluation agency or mental health agency and shall prescribe forms as may be necessary for the proper administration and enforcement of those responsibilities.  The rules shall be applicable to patients admitted to, evaluated by or treated in the state hospital as set forth in this chapter and shall provide for periodic inspections of the state hospital.

B. The director of the department shall make rules concerning the admission of patients to the state hospital and the transfer of patients between the state hospital and other mental health treatment agencies.  A patient undergoing court-ordered treatment may be transferred between the state hospital and another mental health treatment agency in accordance with the rules of the director of the department, subject to the approval of the court.  The director of the department shall consult with the director of the administration on rules relating to transfers to and from the state hospital and other mental health treatment agencies.

C. The director of the department may make rules concerning leaves, visits and absences of patients from the state hospital.

D. The total amount of state monies that may be spent in any fiscal year by the department for mental health services pursuant to this chapter may not exceed the amount appropriated or authorized by section 35-173 for that purpose.  This chapter does not impose a duty on an officer, agent or employee of this state to discharge a responsibility or create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.
A.R.S. § 36-594 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 594
36-594 Denial, suspension or revocation of license; definition
Status: in_force

36-594. Denial, suspension or revocation of license; definition

A. The department may deny, suspend or revoke a license pursuant to title 41, chapter 6, article 6 for any one or a combination of the following:

1. An applicant or licensee violates this chapter, rules adopted pursuant to this chapter, federal or state statutes or city or county ordinances or codes.

2. An applicant or licensee refuses to cooperate in obtaining or providing information the department deems necessary to determine if the department's standards have been met.

3. An employee, applicant, licensee or adult household member of an adult developmental home or child developmental home has been convicted of, has been found by a court to have committed or is reasonably believed to have committed a sex offense, a drug related offense, a theft related offense, a violence related offense, child abuse, child neglect, contributing to the delinquency of a minor or abuse or neglect of a vulnerable adult.

4. An employee, applicant, licensee or adult household member of an adult developmental home or child developmental home is the subject of a proposed substantiated or a substantiated finding of abuse, neglect or exploitation by adult protective services or the department of child safety.

5. An applicant or licensee materially misrepresents or wilfully fails to disclose information to the department relating to the applicant's or licensee's qualifications, experience or performance of responsibilities.

6. The department determines, using criteria established in statute or rule, that an applicant or licensee is unable or unwilling to meet the physical or emotional needs of clients.

7. An applicant, licensee or adult household member of an adult developmental home or child developmental home fails to obtain or maintain a fingerprint clearance card as required by section 36-594.02. The denial, suspension or revocation of a developmental home license due to the failure to obtain or maintain a level I fingerprint clearance card as required by section 36-594.02 is not an appealable agency action.

8. An employee, applicant, licensee, volunteer or adult household member of an adult developmental home or child developmental home is alleged to have abused, neglected or exploited a vulnerable adult and the department of economic security intends to enter, pursuant to section 46-458, a substantiated finding of abuse, neglect or exploitation of a vulnerable adult in the adult protective services registry.

B. For the purposes of this section, "vulnerable adult" has the same meaning prescribed in section 13-3623.
A.R.S. § 36-2516 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2516
36-2516 Substances in schedule V; rules
Status: in_force

36-2516. Substances in schedule V; rules

A. The board shall adopt by rule the schedule V controlled substances listed in 21 Code of Federal Regulations section 1308.15 and shall amend the rules, as necessary, to reflect any changes in the schedule V controlled substance designations.

B. Any compound or preparation containing the single active ingredient ephedrine or any of its salts is included in schedule V.
A.R.S. § 36-1921 — Arizona Code / Title 36 / Chapter 17 / Article 2 / Section 1921
36-1921 Persons not affected by chapter
Status: in_force

36-1921. Persons not affected by chapter

This chapter does not:

1. Apply to a person while engaged in the practice of recommending hearing aids if such practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public or charitable institution, or a nonprofit organization which is primarily supported by voluntary contributions unless they sell hearing aids.

2. Apply to any person engaging in the practice of measuring human hearing for the purpose of selection of hearing aids provided that the person or the organization that employs that person does not sell hearing aids or hearing aid accessories.

3. Prevent a health care professional who is licensed or certified under title 32 from acting within the scope of that person's license or certificate.

4. Apply to a person who is credentialed by this state as a teacher of the deaf from acting within the scope of those credentials.

5. Apply to a student, intern or trainee pursuing a course of study in audiology or speech-language pathology in a nationally or regionally accredited institution of higher education or training institution if all of the following are true:

(a) The activities are part of a planned course of study at that institution.

(b) The person is designated by a title that clearly indicates the status appropriate to the person's level of education.

(c) The person works under the supervision of a person who is licensed in this state as an audiologist or a speech-language pathologist.

(d) Before a person receives services from a student or a temporary licensee, the supervising licensee provides written notification of this fact to the patient.

6. Apply to any person certified by the department of health services for the school hearing screening program.
A.R.S. § 36-2234 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2234
36-2234 Hearings; waiver of hearing; appeals; emergency action; suspension; judicial review; definition
Status: in_force

36-2234. Hearings; waiver of hearing; appeals; emergency action; suspension; judicial review; definition

A. The applicant or any certificate of necessity holder whose ambulance service area in whole or in part is within the affected service area of the initial or amended certificate of necessity may appeal pursuant to title 41, chapter 6, article 10 the director's determination within thirty days after the decision. If an appeal is made, the director shall require a public hearing be held within one hundred twenty days after the hearing notice is issued on the director's determination on the initial or amended certificate of necessity.

B. For the purposes of any hearing held pursuant to this section, a city, town, fire district, fire authority or tribal government whose jurisdictional boundaries in whole or in part are within the service area of a certificate of necessity, an existing certificate of necessity holder within the service area of the certificate of necessity or a hospital that is licensed pursuant to chapter 4 of this title and that is located within the service area of a certificate of necessity is considered to be an interested party as a matter of law.

C. The director shall require a public hearing on any proposed action relating to an adjustment of general public rates, charges or certificate of necessity transfers unless subsection E, G or O of this section applies.

D. An appeal pursuant to subsection A of this section or a public hearing held pursuant to subsection C of this section shall meet the following requirements:

1. The hearing shall be held pursuant to title 41, chapter 6, article 10, except as specifically provided in this section.

2. The director shall mail notice of the hearing to every ambulance service in the affected region and every interested party as specified in subsection B of this section not later than fifteen days before the hearing.

3. The director may mail notice to other persons who the director determines are interested in the hearing.

4. In a hearing or rehearing conducted pursuant to this article, an ambulance service may be represented by a corporate officer, an employee or a designee who has been specifically authorized by the ambulance service to represent it.

5. A certificate of necessity appeal hearing may not last more than five consecutive business days unless the administrative law judge determines, in writing, on the final day of the hearing that there is an extraordinary need for additional hearing days. The administrative law judge in that case may add up to five additional consecutive business days for the hearing.  The additional hearing days shall be calendared within thirty days after the end of the initial hearing.

6. The administrative law judge of the office of administrative hearings shall issue a written decision within twenty days after the hearing is concluded. The written decision shall contain a concise explanation of the reasons supporting the decision, including the findings of fact and conclusions of law. The administrative law judge shall serve a copy of the decision on the department and all parties to the action.  On request of the department, the office of administrative hearings shall also transmit to the department the record of the hearing as described in section 12-904. A copy of the administrative law judge's decision is deemed sent on personal delivery of the decision or five days after the decision is mailed to the director.

7. Within thirty days after the date the office of administrative hearings sends a copy of the administrative law judge's decision to the department, the director shall review the decision and accept, reject or modify the decision. If the director rejects or modifies the decision, the director must file with the office of administrative hearings and serve on all parties a copy of the administrative law judge's decision with the director's rejection or modification and a written justification setting forth the reasons for the rejection or modification of each finding of fact or conclusion of law. If there is a rejection or modification of a conclusion of law, the written justification shall be sent to the president of the senate and the speaker of the house of representatives.

8. If the director does not accept, reject or modify the administrative law judge's decision within thirty days after the date the office of administrative hearings sends a copy of the administrative law judge's decision to the director, as evidenced by receipt of such action by the office of administrative hearings on or before the thirtieth day, the office of administrative hearings shall certify the administrative law judge's decision as the final administrative decision.

9. The decision entered as specifically provided by this subsection is the final administrative decision.

E. The director may waive the hearing required under subsection C of this section if notification, including a general description of the proposed action of the department and the time and manner for any interested person to request a hearing, is given and all of the following apply:

1. Notification of the proposed action has been sent to every ambulance service in the affected region not later than fifteen days before the action.

2. The director has notified other persons who the director determines are interested in the proposed action not later than fifteen days before the action.

3. The director has published notice of the proposed action in a newspaper of general circulation in the affected region at least once each week for two consecutive weeks before the action is taken.

4. The director has received no requests within the fifteen-day notification period for a hearing to be held on the proposed action.

F. If the director receives a request pursuant to subsection E, paragraph 4 of this section, the director shall hold a hearing in compliance with subsection D of this section.

G. The director shall not hold a hearing if a person requests a hearing regarding a rate increase that does not exceed the amount computed as follows:

1. Determine the percentage growth in the transportation consumer price index of the United States department of labor, bureau of labor statistics, from the end of the second preceding calendar year to the calendar year immediately preceding the calendar year for which the rate increase is requested.

2. Determine the percentage growth in the medical care consumer price index of the United States department of labor, bureau of labor statistics, from the end of the second preceding calendar year to the calendar year immediately preceding the calendar year for which the rate increase is requested.

3. Add the amount determined in paragraph 1 of this subsection to the amount determined in paragraph 2 of this subsection and divide the sum by two.

H. A rate increase authorized pursuant to subsection G of this section is deemed to be fixed by the department at the requested level.  Notwithstanding subsection E of this section, the department shall hold a hearing pursuant to section 36-2232, subsection E for any proposed uniform rate or charge that exceeds the annual rate increase prescribed in subsection G of this section. The department shall require the applicants to submit the following information signed by the designated financial officer and the chief executive of the ambulance service who has fiduciary responsibility for providing accurate financial information:

1. A financial statement for the previous twenty-four months relating to the certificated areas.

2. Any additional information the department requires to analyze the request.

I. If an ambulance service with an established general public rate applies for a contract rate or range of rates that is up to thirty percent less than its established rate, the director shall grant the rate without a public hearing or waiver, and without any right of intervention, unless within ninety days after the filing of a completed application the director determines that the contract rate or range of rates applied for does not accurately reflect the cost and economics of providing the contract services, would adversely affect the service available to the general public in the area of service as designated by its certificate of necessity or would cause any fixed rate, fare or charge to the general public to be adversely affected.

J. If the department disallows a proposed contract rate pursuant to subsection I of this section, the ambulance service has a right to a hearing for review of the proposed contract rate or range of rates.

K. The director may adopt rules for the establishment of a contract rate or range of rates that may be implemented and that exceeds the thirty percent rate variance identified pursuant to subsection I of this section.

L. Subsections I, J and K of this section are limited to contract rates or a range of rates applied for prescheduled, interfacility or convalescent transports.

M. A service contract between an ambulance service and a political subdivision of this state, including local fire districts, shall be filed with and approved by the department in accordance with the following requirements:

1. On receipt of the proposed contract, the department has fifteen days to review the contract and notify the ambulance service of any additional information the department requires, recommended corrections or any provision that does or may violate this article.

2. The ambulance service has fifteen days to provide the department with the information requested or to submit a revised or amended contract if required under paragraph 1 of this subsection.

3. The contract becomes effective fifteen days after the ambulance service complies with the department's request unless the department determines that any rate or charge or other provisions specified in the contract will cause any fixed rate or charge to the general public rate to be adversely affected or the contract would be in violation of the ambulance service's certificate of necessity.

4. If the department disallows a proposed contract pursuant to this subsection, the ambulance service has a right to a hearing for review of the proposed contract.

5. The rates and charges contained in the contract are the rates and charges fixed by the director in a decision or order for the ambulance service and conform to the ambulance service's current or subsequent general public rates and charges.

6. The area of response is within the ambulance service's certificated area.

N. In case of emergency, the director may take action providing for immediate suspension of a certificate of registration or a certificate of necessity, or both, under this section without notice or a hearing if the director determines that a potential threat to the public health and safety exists. If such an action is taken by the director, the director shall conduct a hearing within ten days after the date of the director's action unless the person against whom the action is directed waives the right to have a hearing held within ten days. If the ten-day hearing requirement is waived, the director shall set a date mutually agreeable to the interested parties. The purpose of the hearing is to review the decision of the director to take such an action. The director shall make findings of fact and may continue, suspend or modify the director's action.

O. The director shall waive the hearing required under subsection C of this section if geographic changes in suboperation stations do not alter the service area or adversely affect approved response times.

P. Except as provided in section 41-1092.08, subsection H, a final decision of the director relating to an adjustment of general public rates, charges or certificate of necessity transfers is subject to judicial review pursuant to title 12, chapter 7, article 6.

Q. The final administrative decision of the director or the administrative law judge as prescribed in subsection D of this section for an initial or amended certificate of necessity is subject to judicial review pursuant to title 12, chapter 7, article 6.

R. For the purposes of this section, "hearing day":

1. Means any portion of a business day that is used for any hearing-related activity, including testimony, argument or presentation of evidence.

2. Does not include prehearing conferences or other administrative matters that occur before the start of the hearing.