A.R.S. § 36-132 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 132
36-132 Department of health services; functions; contracts
Status: in_force

36-132. Department of health services; functions; contracts

A. The department, in addition to other powers and duties vested in it by law, shall:

1. Protect the health of the people of the state.

2. Promote the development, maintenance, efficiency and effectiveness of local health departments or districts of sufficient population and area that they can be sustained with reasonable economy and efficient administration, provide technical consultation and assistance to local health departments or districts, provide financial assistance to local health departments or districts and services that meet minimum standards of personnel and performance and in accordance with a plan and budget submitted by the local health department or districts to the department for approval, and recommend the qualifications of all personnel.

3. Collect, preserve, tabulate and interpret all information required by law in reference to births, deaths and all vital facts, and obtain, collect and preserve information relating to the health of the people of this state and the prevention of diseases as may be useful in the discharge of functions of the department not in conflict with chapter 3 of this title and sections 36-693, 36-694 and 39-122.

4. Operate sanitariums, hospitals or other facilities assigned to the department by law or by the governor.

5. Conduct a statewide program of health education relevant to the powers and duties of the department, prepare educational materials and disseminate information as to conditions affecting health, including basic information to promote good health on the part of individuals and communities, and prepare and disseminate technical information concerning public health to the health professions, local health officials and hospitals. In cooperation with the department of education, the department of health services shall prepare and disseminate materials and give technical assistance for the purpose of educating children in hygiene, sanitation and personal and public health, and provide consultation and assistance in community organization to counties, communities and groups of people.

6. Administer or supervise a program of public health nursing, prescribe the minimum qualifications of all public health nurses engaged in official public health work, and encourage and aid in coordinating local public health nursing services.

7. Encourage and aid in coordinating local programs concerning control of preventable diseases in accordance with statewide plans that shall be formulated by the department.

8. Encourage and aid in coordinating local programs concerning maternal and child health, including midwifery, antepartum and postpartum care, infant and preschool health and the health of schoolchildren, including special fields such as the prevention of blindness and conservation of sight and hearing.

9. Encourage and aid in coordinating local programs concerning nutrition of the people of this state.

10. Encourage, administer and provide dental health care services and aid in coordinating local programs concerning dental public health, in cooperation with the Arizona dental association.  The department may bill and receive payment for costs associated with providing dental health care services and shall deposit the monies in the oral health fund established by section 36-138.

11. Establish and maintain adequate serological, bacteriological, parasitological, entomological and chemical laboratories with qualified assistants and facilities necessary for routine examinations and analyses and for investigations and research in matters affecting public health.

12. Supervise, inspect and enforce the rules concerning the operation of public bathing places and public and semipublic swimming pools adopted pursuant to section 36-136, subsection I, paragraph 10.

13. Take all actions necessary or appropriate to ensure that bottled water sold to the public and water used to process, store, handle, serve and transport food and drink are free from filth, disease-causing substances and organisms and unwholesome, poisonous, deleterious or other foreign substances.  All state agencies and local health agencies involved with water quality shall provide to the department any assistance requested by the director to ensure that this paragraph is effectuated.

14. Enforce the state food, caustic alkali and acid laws in accordance with chapter 2, article 2 of this title, chapter 8, article 1 of this title and chapter 9, article 4 of this title, and collaborate in enforcing the federal food, drug, and cosmetic act (52 Stat. 1040; 21 United States Code sections 1 through 905).

15. Recruit and train personnel for state, local and district health departments.

16. Conduct continuing evaluations of state, local and district public health programs, study and appraise state health problems and develop broad plans for use by the department and for recommendation to other agencies, professions and local health departments for the best solution of these problems.

17. License and regulate health care institutions according to chapter 4 of this title.

18. Issue or direct the issuance of licenses and permits required by law.

19. Participate in the state civil defense program and develop the necessary organization and facilities to meet wartime or other disasters.

20. Subject to the availability of monies, develop and administer programs in perinatal health care, including:

(a) Screening in early pregnancy for detecting high-risk conditions.

(b) Comprehensive prenatal health care.

(c) Maternity, delivery and postpartum care.

(d) Perinatal consultation, including transportation of the pregnant woman to a perinatal care center when medically indicated.

(e) Perinatal education oriented toward professionals and consumers, focusing on early detection and adequate intervention to avert premature labor and delivery.

21. License and regulate the health and safety of group homes and behavioral-supported group homes for persons with developmental disabilities. The department shall issue a license to an accredited facility for a period of the accreditation, except that a licensing period shall not be longer than three years. The department is authorized to conduct an inspection of an accredited facility to ensure that the facility meets health and safety licensure standards. The results of the accreditation survey shall be public information. A copy of the final accreditation report shall be filed with the department of health services. For the purposes of this paragraph, "accredited" means accredited by a nationally recognized accreditation organization.

B. The department may accept from the state or federal government, or any agency of the state or federal government, and from private donors, trusts, foundations or eleemosynary corporations or organizations grants or donations for or in aid of the construction or maintenance of any program, project, research or facility authorized by this title, or in aid of the extension or enforcement of any program, project or facility authorized, regulated or prohibited by this title, and enter into contracts with the federal government, or an agency of the federal government, and with private donors, trusts, foundations or eleemosynary corporations or organizations, to carry out such purposes. All monies made available under this section are special project grants. The department may also expend these monies to further applicable scientific research within this state.

C. The department, in establishing fees authorized by this section, shall comply with title 41, chapter 6.  The department shall not set a fee at more than the department's cost of providing the service for which the fee is charged.  State agencies are exempt from all fees imposed pursuant to this section.

D. The department may enter into contracts with organizations that perform nonrenal organ transplant operations and organizations that primarily assist in the management of end-stage renal disease and related problems to provide, as payors of last resort, prescription medications necessary to supplement treatment and transportation to and from treatment facilities. The contracts may provide for department payment of administrative costs it specifically authorizes.
A.R.S. § 36-2104 — Arizona Code / Title 36 / Chapter 19 / Article 1 / Section 2104
36-2104 Acceptance of other funds
Status: in_force

36-2104. Acceptance of other funds

The department may accept and utilize any public or private funds which may become available for regional limited care dialysis centers from federal, voluntary, philanthropic or other sources in order to augment state funds.
A.R.S. § 36-2511; Version 2 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2511; Version 2
36-2511; Version 2 Nomenclature
Status: in_force

36-2511. Nomenclature

(L25, Ch. 231, sec. 1; Conditionally Eff.)

The controlled substances listed or to be listed in the schedules in sections 36-2512, 36-2513, 36-2514, 36-2515, 36-2516, 36-2517 and 36-2517.02 or the rules adopted pursuant to this article are included by whatever official, common, usual, chemical or trade name designated.
A.R.S. § 36-131 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 131
36-131 Definitions
Status: in_force

36-131. Definitions

In this article, unless the context otherwise requires:

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

2. "Director" means the director of the department of health services.
A.R.S. § 36-125.06 — Arizona Code / Title 36 / Chapter 1 / Article 1.1 / Section 125.06
36-125.06 Comparative report; brochure
Status: in_force

36-125.06. Comparative report; brochure

A. The director shall publish a semiannual comparative report of patient charges utilizing the statistical data submitted pursuant to section 36-125.05, subsections B through E.  The comparative report shall be in the format prescribed by the director and shall be published within sixty days after the date the statistical data are required to be submitted by hospitals and emergency departments to the department pursuant to section 36-125.05, subsection G.  Copies of the report shall be delivered to the governor, the president of the senate and the speaker of the house of representatives and placed on file with the Arizona state library, archives and public records.

B. The director shall publish a brochure semiannually at the same time as the comparative report is published pursuant to subsection A of this section. The brochure shall be in the format prescribed by the director and shall contain a simple and concise comparison among hospitals and emergency departments in the same geographic region of average charges per confinement for the most common diagnoses and procedures for inpatient and emergency department services.  Each hospital shall obtain copies of all current brochures for its geographic region and shall make available in its reception area a sufficient number of these brochures for free distribution of one copy to each individual requesting a copy.  A hospital may charge a fee sufficient to cover the cost of postage and handling, if any, for each brochure, if mailed.  The director shall provide on request a sufficient number of brochures to any authorized local agency as defined in section 36-401 and any other person or group requesting copies. The director shall not charge for brochures provided by the department.
A.R.S. § 36-2851 — Arizona Code / Title 36 / Chapter 28.2 / Section 2851
36-2851 Employers; driving; minors; control of property; smoking in public places and open spaces
Status: in_force

36-2851. Employers; driving; minors; control of property; smoking in public places and open spaces

(Caution:  1998 Prop. 105 applies)

This chapter:

1. Does not restrict the rights of employers to maintain a drug-and-alcohol-free workplace or affect the ability of employers to have workplace policies restricting the use of marijuana by employees or prospective employees.

2. Does not require an employer to allow or accommodate the use, consumption, possession, transfer, display, transportation, sale or cultivation of marijuana in a place of employment.

3. Does not allow driving, flying or boating while impaired to even the slightest degree by marijuana or prevent this state from enacting and imposing penalties for driving, flying or boating while impaired to even the slightest degree by marijuana.

4. Does not allow an individual who is under twenty-one years of age to purchase, possess, transport or consume marijuana or marijuana products.

5. Does not allow the sale, transfer or provision of marijuana or marijuana products to an individual who is under twenty-one years of age.

6. Does not restrict the rights of employers, schools, day care centers, adult day care facilities, health care facilities or corrections facilities to prohibit or regulate conduct otherwise allowed by this chapter when such conduct occurs on or in their properties.

7. Does not restrict the ability of an individual, partnership, limited liability company, private corporation, private entity or private organization of any character that occupies, owns or controls property to prohibit or regulate conduct otherwise allowed by this chapter on or in such property.

8. Does not allow any person to:

(a) Smoke marijuana in a public place or open space.

(b) Consume marijuana or marijuana products while driving, operating or riding in the passenger seat or compartment of an operating motor vehicle, boat, vessel, aircraft or another vehicle used for transportation.

9. Does not prohibit this state or a political subdivision of this state from prohibiting or regulating conduct otherwise allowed by this chapter when such conduct occurs on or in property that is occupied, owned, controlled or operated by this state or a political subdivision of this state.

10. Does not authorize a person to process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below one hundred degrees fahrenheit, unless performed by a marijuana establishment.

11. Does not require a person to violate federal law or to implement or fail to implement a restriction on the possession, consumption, display, transfer, processing, manufacturing or cultivation of marijuana if by so doing the person will lose a monetary or licensing-related benefit under federal law.

12. Does not supersede or eliminate any existing rights or privileges of any person except as specifically set forth in this chapter.

13. Does not limit any privilege or right of a nonprofit medical marijuana dispensary under chapter 28.1 of this title except as expressly set forth in this chapter.

14. Does not limit any privilege or right of a qualifying patient or designated caregiver under chapter 28.1 of this title.
A.R.S. § 36-2972 — Arizona Code / Title 36 / Chapter 29 / Article 3 / Section 2972
36-2972 Rights, authority and responsibilities of the director and the administration
Status: in_force

36-2972. Rights, authority and responsibilities of the director and the administration

A. Subject to continued federal financial participation as provided in sections 36-2919 and 36-2958, the director shall plan for and take all steps necessary to implement the qualified medicare beneficiary program under title XIX of the social security act, as amended.

B. The administration and the director have full operational responsibility for this article.  Except as provided in this article or required by federal law or the section 1115 waiver, the provisions of articles 1 and 2 of this chapter are fully applicable to this article and the director and administration have all the rights, powers, duties and responsibilities accorded to the system under articles 1 and 2 of this chapter. Services shall be delivered in accordance with federal law and the section 1115 waiver for articles 1 and 2 of this chapter.

C. The administration shall coordinate benefits provided under this article to members so that costs for services payable by the system are costs avoided or recovered from a third party payor.  The director may require that program contractors, contractors and noncontracting providers are responsible for the coordination of benefits for services provided pursuant to this article. Benefit coordination requirements for noncontracting providers are limited to coordination of benefits with standard health insurance and disability or medicare supplemental health insurance policies and similar programs for health coverage.  The director shall require members to assign to the system rights to all types of medical benefits to which the member is entitled.

D. Notwithstanding section 36-2911, the program contractors or contractors shall pay all premiums, deductibles and coinsurance amounts for the member to obtain coverage or secure services as required by the administration. For members not enrolled with a contractor or program contractor the administration may pay the premiums, deductibles and coinsurance amounts.
A.R.S. § 36-3916 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3916
36-3916 Use of sunscreen
Status: in_force

36-3916. Use of sunscreen

A child who attends a children's camp in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.
A.R.S. § 36-4102 — Arizona Code / Title 36 / Chapter 41 / Article 1 / Section 4102
36-4102 Trauma recovery center fund; exemption; grants
Status: in_force

36-4102. Trauma recovery center fund; exemption; grants

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

B. The department, in consultation with a national alliance that supports trauma recovery centers, shall establish priorities for the fund.  The department shall spend monies in the fund to provide grants to trauma recovery centers.

C. To be eligible to receive a grant pursuant to this section, a trauma recovery center must adhere to the guidelines for operating and implementing trauma recovery centers developed by a national alliance of trauma recovery centers.
A.R.S. § 36-886 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 886
36-886 Operation without a license; classification
Status: in_force

36-886. Operation without a license; classification

A. If it appears that any person is maintaining or operating a child care facility without a license, the department shall notify the facility's operator either by mail, by certified mail with return receipt requested or by delivery in person. The person affected by the notice shall, within ten days from its receipt, cease and desist operation or show proof of having a valid license. The person may, within ten days, request in writing a hearing before the director.

B. On application of the department, a magistrate shall issue a warrant to the department authorizing inspection of a child care facility if there is probable cause to believe that a person is operating the facility without a license.

C. If a person does not comply with this section the department shall notify the county attorney of the county in which the child care facility is being operated of the violation and request that criminal prosecution be commenced against the violator. The department may request the attorney general to apply for injunctive relief.

D. Any person who continues to maintain or operate a child care facility without a license ten days after receipt of notice from the department is guilty of a class 1 misdemeanor.
A.R.S. § 36-512 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 512
36-512 Emergency medical care
Status: in_force

36-512. Emergency medical care

A person undergoing evaluation or treatment has a right to refuse any and all medical treatment unless ordered by the court, except that when, in the written opinion of the attending physician, a true medical emergency exists and medical care and treatment including surgical procedures are necessary to save the life, physical health, eyesight, hearing or member of the person, the medical director of the agency may give consent to such medical care and treatment if time will not permit the obtaining of appropriate judicial authority. The patient's guardian, if one exists, shall be notified by the medical director of the giving of emergency medical care immediately.
A.R.S. § 36-1418 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1418
36-1418 Property exempt from execution sale
Status: in_force

36-1418. Property exempt from execution sale

A. All real property owned or held by a public housing authority, city, town or county for the purposes of this article are exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against it nor shall any judgment against a public housing authority, city, town or county be a charge or lien on such real property.

B. This section does not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given to them on rents, fees or revenues.
A.R.S. § 36-3712 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3712
36-3712 Detention and commitment requirements; definition
Status: in_force

36-3712. Detention and commitment requirements; definition

A. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article does not forfeit any legal right and shall not suffer any legal disability as a consequence of any actions taken or orders made except as specifically provided in this article.

B. A person who is committed or conditionally released to a less restrictive alternative pursuant to this article shall receive care, supervision or treatment. The superintendent of the state hospital shall keep records detailing all medical, expert and professional care and treatment that a committed person receives and shall keep copies of all reports of periodic examinations that are made pursuant to this article. These records and reports shall be made available on request only to any of the following:

1. The committed person.

2. The committed person's attorney.

3. The county attorney or the attorney general.

4. The court.

5. On proper showing, an expert or professional person who demonstrates a need for access to the records or reports.

6. Any mental health professional directly responsible or associated with the mental health professional who is directly responsible for the care, control, assessment or treatment of the committed person.

C. At the time a person is detained or transferred into a licensed facility pursuant to this article, the person in charge of the facility or the person's designee shall take reasonable precautions to inventory and safeguard the personal property of the detained or transferred person. The staff member who makes an inventory of the person's personal property shall give a signed copy of that inventory to the person. The facility shall allow a responsible relative to inspect the property, subject to any limitations that the person specifically imposes. The facility shall not disclose the contents of the inventory to any other person without the consent of the person or a court order.

D. This article does not prohibit a person who is committed or conditionally released to a less restrictive alternative from exercising any right that is available for the purpose of obtaining release from confinement, including the right to petition for a writ of habeas corpus. The committed person must exhaust all direct appeal and postcommitment procedures before exercising the committed person's right to petition for a writ of habeas corpus.

E. A person who is indigent may not be conditionally released to a less restrictive alternative or discharged without suitable clothing. When a person is conditionally released to a less restrictive alternative or discharged, the superintendent of the state hospital shall furnish the person with an amount of money pursuant to section 31-228.

F. For the purposes of this section, "responsible relative" means the spouse, parent, adult child or adult sibling of the person and includes the guardian, conservator or attorney of the person.
A.R.S. § 36-345 — Arizona Code / Title 36 / Chapter 3 / Article 4 / Section 345
36-345 Effect of registration
Status: in_force

36-345. Effect of registration

A certificate registered pursuant to this chapter and rules adopted pursuant to this chapter is prima facie evidence of the facts stated in the certificate.
A.R.S. § 36-786 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 786
36-786 Laboratory testing during an enhanced surveillance advisory
Status: in_force

36-786. Laboratory testing during an enhanced surveillance advisory

A. The state laboratory shall coordinate specimen testing relating to enhanced surveillance advisory.  If necessary and at state expense, the department may designate other laboratories to assist it in testing specimens.

B. The department shall determine the criteria necessary for private or public laboratories to conduct clinical or environmental testing associated with bioterrorism or any illness or health condition subject to the enhanced surveillance advisory.

C. During an enhanced surveillance advisory, a public safety authority, if requested by the department or local health authority, shall coordinate and provide transportation of clinical or environmental samples to the state laboratory or other testing laboratory designated by the department.
A.R.S. § 36-503.02 — Arizona Code / Title 36 / Chapter 5 / Article 1 / Section 503.02
36-503.02 Apprehension and transportation by authorized transporters; immunity
Status: in_force

36-503.02. Apprehension and transportation by authorized transporters; immunity

A. When in any section of articles 4 and 5 of this chapter, a court, a person, an evaluation agency or a mental health treatment agency is allowed to authorize, request or order the apprehension and transportation of a patient or proposed patient by a peace officer to an evaluation agency or mental health treatment agency, the court, person, evaluation agency or mental health treatment agency may authorize the apprehension and transportation by an authorized transporter if available in the city, town or county if there are reasonable grounds to believe that the patient or proposed patient may be safely apprehended and transported by an authorized transporter without the assistance of a peace officer.

B. Any person who provides a court, a person, an evaluation agency or a mental health treatment agency authorized to request or order the apprehension and transportation of a patient or proposed patient with facts and circumstances or expresses an opinion that there may be reasonable grounds to believe a patient or proposed patient may be safely apprehended and transported to an evaluation agency or mental health treatment agency by an authorized transporter without the assistance of a peace officer, the court, the person, the evaluation agency or the mental health treatment agency that authorizes the use of an authorized transporter and the authorized transporter that apprehends and transports the patient or proposed patient to an evaluation agency or mental health treatment agency pursuant to an authorization, request or order issued under this chapter are not subject to civil liability for the apprehension or transportation.  This liability exclusion does not apply to a person who acts with gross negligence.

C. This chapter does not require a city, town or county to contract with an authorized transporter to provide services pursuant to this chapter instead of a peace officer.  A city, town or county that enters into a contract with an authorized transporter is financially responsible for the contracted services provided pursuant to this chapter by the authorized transporter.

D. For the purposes of this chapter, an evaluation agency or mental health treatment agency authorizing the use of an authorized transporter is not financially responsible for the use of the authorized transporter.
A.R.S. § 36-2501 — Arizona Code / Title 36 / Chapter 27 / Article 1 / Section 2501
36-2501 Definitions
Status: in_force

36-2501. Definitions

A. In this chapter, unless the context otherwise requires:

1. "Board" means the Arizona state board of pharmacy.

2. "Cannabis" means the following substances under whatever names they may be designated:

(a) Marijuana.

(b) All parts of any plant of the genus cannabis, whether growing or not, its seeds, the resin extracted from any part of such plant, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake or the sterilized seed of such plant which is incapable of germination.

(c) Every compound, manufacture, salt, derivative, mixture or preparation of such resin, tetrahydrocannabinol (T.H.C.), or of such plants from which the resin has not been extracted.

3. "Controlled substance" means a drug, substance or immediate precursor in schedules I through V of article 2 of this chapter and the rules adopted pursuant to article 2 of this chapter.

4. "Department" means the department of public safety.

5. "Drug dependent person" means a person who is using a controlled substance and who is in a state of psychic or physical dependence, or both, arising from the use of that substance on a continuous basis. Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuing basis in order to experience its psychic effects or to avoid the discomfort caused by its absence.

6. "Drug enforcement administration" means the drug enforcement administration of the department of justice of the United States or its successor agency.

7. "Immediate precursor" means a substance that the board has found to be and by rule designates as being the principal compound commonly used or produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture.

8. "Narcotic drug" means any of the following whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis:

(a) Opium and opiate and any salt, compound, derivation or preparation of opium or opiate.

(b) Any salt, compound, isomer, derivative or preparation that is chemically equivalent or identical with any of the substances referred to in subdivision (a) of this paragraph but not including the isoquinoline alkaloids of opium.

(c) Opium poppy and poppy straw.

(d) Coca leaves and any salt, compound, derivation or preparation of coca leaves including cocaine and its optical isomers and any salt, compound, isomer, derivation or preparation that is chemically equivalent or identical with any of these substances but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.

(e) Cannabis.

9. "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include its racemic and levorotatory forms.

10. "Opium poppy" means the plant of the genus papaver, except its seeds.

11. "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing.

12. "Production" means the manufacture, planting, cultivating, growing or harvesting of a controlled substance.

13. "Registrant" means a person registered under the provisions of the federal controlled substances act (P.L. 91-513; 84 Stat. 1242; 21 U.S.C. sec. 801 et seq.).

14. "Schedule I controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2512.

15. "Schedule II controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2513.

16. "Schedule III controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2514.

17. "Schedule IV controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2515.

18. "Schedule V controlled substances" means the controlled substances identified, prescribed or listed in or adopted by rule pursuant to section 36-2516.

19. "Scientific purpose" means research, teaching or chemical analysis.

20. "State", when applied to a part of the United States, means any state, district, commonwealth, territory or insular possession of the United States and any area subject to the legal authority of the United States of America.

B. Words or phrases in this chapter, if not defined in subsection A of this section, have the definitions given them in title 32, chapter 18, article 1, unless the context otherwise requires.
A.R.S. § 36-106 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 106
36-106 Acquisition of lands and buildings
Status: in_force

36-106. Acquisition of lands and buildings

A. The director may acquire for and in the name of the state, by lease, lease-purchase agreement or otherwise, lands or buildings for the purpose of providing office space for the department at such places as the director finds necessary and suitable.

B. An agreement made for the lease or purchase of the premises mentioned in subsection A is subject to the approval of the attorney general and the director of the department of administration.
A.R.S. § 36-431.02 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 431.02
36-431.02 Nursing care institution resident protection revolving fund; use; nonreversion
Status: in_force

36-431.02. Nursing care institution resident protection revolving fund; use; nonreversion

A. The nursing care institution resident protection revolving fund is established.  The fund consists of monies received from civil penalties collected by the director pursuant to section 36-431.01, subsection D.

B. The director shall use monies in the fund for the purposes prescribed in section 36-431.01, subsection F, subject to legislative appropriation.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.
A.R.S. § 36-2029 — Arizona Code / Title 36 / Chapter 18 / Article 2 / Section 2029
36-2029 Funding of facilities; contracts; limitations
Status: in_force

36-2029. Funding of facilities; contracts; limitations

A. The administration may use municipal, county, state and federal monies appropriated or otherwise available for the evaluation and treatment of alcoholics to assist in the establishment and maintenance of approved public or private treatment facilities. The monies may be expended for professional fees for services at an approved treatment facility or in contract for advancement or reimbursement of services provided at an approved treatment facility or any other appropriate manner and may be used for any purpose necessary to provide evaluation and treatment at approved treatment facilities. These monies may not be used for salaries or any other purpose within the administration but may be used for consultation services in the interest of approved treatment facilities.

B. A public or private treatment facility providing or intending to provide evaluation and treatment and desiring to contract with the administration for the furnishing of such services shall submit a program, plan and budget to the administration on the forms and in the manner required by the administration. If such a facility is approved, the administration may contract with the facility for services as required and on such terms and conditions as the administration requires.

C. Each approved treatment facility shall provide the administration with a record of all federal, state, county, city and private monies received for the previous year and an estimate of monies to be received by the facility for the following year.

D. An approved private or public treatment facility providing evaluation and treatment may receive state funding on complying with the rules established by the department. Any such facility is not eligible for state funding until approved by the administration.

E. This article does not place on the administration or the state any liability for the well-being and care of alcoholics or persons incapacitated by alcohol in a public or private treatment facility or the responsibility for funding such programs beyond the limits of legislative appropriation therefor.
A.R.S. § 36-3251 — Arizona Code / Title 36 / Chapter 32 / Article 4 / Section 3251
36-3251 Prehospital medical care directives; form; effect; immunity; definitions
Status: in_force

36-3251. Prehospital medical care directives; form; effect; immunity; definitions

A. Notwithstanding any law or a health care directive to the contrary, a person may execute a prehospital medical care directive that, in the event of cardiac or respiratory arrest, directs the withholding of cardiopulmonary resuscitation by emergency medical system personnel, hospital emergency department personnel and, as provided in subsection L of this section, direct care staff persons. For the purposes of this article, "cardiopulmonary resuscitation" includes cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of advanced cardiac life support drugs and related emergency medical procedures. Authorization for the withholding of cardiopulmonary resuscitation does not include the withholding of other medical interventions, such as intravenous fluids, oxygen or other therapies deemed necessary to provide comfort care or to alleviate pain.

B. A prehospital medical care directive shall be printed on an orange background and may be used in either letter or wallet size.  The directive shall be in the following form:

Prehospital Medical Care Directive

(side one)

In the event of cardiac or respiratory arrest, I refuse any resuscitation measures, including cardiac compression, endotracheal intubation and other advanced airway management, artificial ventilation, defibrillation, administration of advanced cardiac life support drugs and related emergency medical procedures.

Patient: ______________________ date: ________________

(Signature or mark)

Attach recent photograph here or provide all of the following information below:

Date of birth ______ sex ____

Eye color ________ hair color ______ race ______

Hospice program (if any) _____________________________

Name and telephone number of patient's physician       ______________________________________________________

(side two)

I have explained this form and its consequences to the signer and obtained assurance that the signer understands that death may result from any refused care listed above.

________________________________ date __________

(Licensed health care provider)

I was present when this was signed (or marked). The patient then appeared to be of sound mind and free from duress.

________________________________ date ___________

(Witness)

C. A person who has a valid prehospital medical care directive pursuant to this section may wear an identifying bracelet on either the wrist or the ankle.  The bracelet shall be substantially similar to identification bracelets worn in hospitals.  The bracelet shall be on an orange background and state the following in bold type:

Do Not Resuscitate

Patient: _________________________________________

Patient's physician: _____________________________

D. If the person has designated an agent to make health care decisions under section 36-3221 or has been appointed a guardian for health care decisions pursuant to title 14, that agent or guardian shall sign if the person is no longer competent to do so.

E. A prehospital medical care directive is effective until it is revoked or superseded by a new document.

F. Emergency medical system personnel, hospital emergency department personnel and direct care staff persons who make a good faith effort to identify the patient and who rely on an apparently genuine directive or a photocopy of a directive on orange paper are immune from liability to the same extent and under the same conditions as prescribed in section 36-3205.  If a person has any doubt as to the validity of a directive or the medical situation, that person shall proceed with resuscitative efforts as otherwise required by law.  Emergency medical system personnel and direct care staff persons are not required to accept or interpret medical care directives that do not meet the requirements of this section.

G. In the absence of a physician, a person without vital signs who is not resuscitated pursuant to a prehospital medical care directive may be pronounced dead by any peace officer of this state, a professional nurse licensed pursuant to title 32, chapter 15 or an emergency medical technician certified pursuant to this title.

H. This section does not apply to situations involving mass casualties or to medical emergencies involving children and adults with disabilities in public or private schools that are not licensed health care institutions as defined in section 36-401.

I. After being notified of a death by emergency medical system personnel, the person's physician or the county medical examiner is then responsible for signing the death certificate.

J. The office of emergency medical services in the department of health services shall print prehospital medical care directive forms and make them available to the public.  The department may charge a fee that covers the department's costs to prepare the form.  The department and its employees are immune from civil liability for issuing prehospital medical care directive forms that meet the requirements of this section.  A person may use a form that is not prepared by the department of health services if that form meets the requirements of this section.  If an organization distributes a prehospital medical care directive form that meets the requirements of this section, that organization and its employees are also immune from civil liability.

K. Any prehospital medical care directive prepared before April 24, 1994 is valid if it was valid at the time it was prepared.

L. A direct care staff person may comply with a prehospital medical care directive pursuant to this section if the physician of the person who has the valid prehospital medical care directive has ordered a hospice plan of care.

M. The department of economic security or the Arizona health care cost containment system administration may prescribe guidance for training and education of direct care staff persons regarding the requirements of this section.

N. For the purposes of this section:

1. "Direct care staff person" means a person who is employed or contracted to provide direct services pursuant to title 36, chapter 5.1.

2. "Emergency medical system personnel" includes emergency medical technicians at all levels who are certified by the department of health services and medical personnel who are licensed by this state and who are operating outside of an acute care hospital under the direction of an emergency medical system agency recognized by the department of health services.
A.R.S. § 36-2226.01 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2226.01
36-2226.01 Emergency administration of epinephrine; authorized entities; prescriptions; training; immunity; definitions
Status: in_force

36-2226.01. Emergency administration of epinephrine; authorized entities; prescriptions; training; immunity; definitions

A. A practitioner may prescribe epinephrine delivery systems in the name of an authorized entity for use in accordance with this section, and pharmacists and practitioners may dispense epinephrine delivery systems pursuant to a prescription issued in the name of an authorized entity. A prescription issued pursuant to this section is valid for two years.

B. An authorized entity may acquire and stock a supply of epinephrine delivery systems pursuant to a prescription issued in accordance with this section. The epinephrine delivery systems shall be stored in a location that is readily accessible in an emergency and in accordance with the epinephrine delivery system's instructions for use and any additional requirements that may be established by the department. An authorized entity shall designate employees or agents who have completed the training required by subsection D of this section to be responsible for the storage, maintenance, control and general oversight of the epinephrine delivery systems acquired by the authorized entity.

C. An employee or agent of an authorized entity or another individual who has completed the training required by subsection D of this section may do either of the following:

1. Provide an epinephrine delivery system to any individual who the employee, agent or other individual believes in good faith is experiencing anaphylaxis, or to the parent, guardian or caregiver of the individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine delivery system or has previously been diagnosed with an allergy.

2. Administer an epinephrine delivery system to any individual who the employee, agent or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine delivery system or has previously been diagnosed with an allergy.

D. An employee, agent or other individual described in subsection B or C of this section shall complete initial anaphylaxis training and, at least every two years thereafter, shall complete subsequent anaphylaxis training. The training shall be conducted by a nationally recognized organization that is experienced in training laypersons in emergency health treatment or an entity or individual approved by the department. The department may approve specific entities or individuals or may approve classes of entities or individuals to conduct this training.  Training may be conducted online or in person and, at a minimum, shall cover:

1. How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis.

2. Standards and procedures for the storage and administration of an epinephrine delivery system.

3. Emergency follow-up procedures.

E. The entity, organization or individual who conducts the training required by subsection D of this section shall issue a certificate, on a form developed or approved by the department, to each person who successfully completes the anaphylaxis training.

F. The administration of an epinephrine delivery system pursuant to this section is not the practice of medicine or any other profession that otherwise requires licensure.

G. A practitioner prescribing epinephrine delivery systems in the name of an authorized entity, an authorized entity, an employee or agent of an authorized entity and a person or entity that provides training pursuant to subsection D of this section are immune from civil liability with respect to all decisions made and actions or omissions taken that are based on good faith implementation of the requirements of this section, except in cases of gross negligence, wilful misconduct or intentional wrongdoing.

H. The immunity from civil liability provided in subsection G of this section does not affect a manufacturer's product liability regarding the design, manufacturing or instructions for use of an epinephrine delivery system.

I. An authorized entity that possesses and makes available epinephrine delivery systems shall submit to the department, on a form developed by the department, a report of each incident that occurs on the authorized entity's premises and that involves the administration of an epinephrine delivery system pursuant to subsection C of this section.

J. For the purposes of this section:

1. "Administer" means the direct application of an epinephrine delivery system to the body of an individual.

2. "Authorized entity" means any entity or organization in connection with or at which allergens capable of causing anaphylaxis may be present, including recreation camps, colleges and universities, day care facilities, youth sports leagues, amusement parks, restaurants, places of employment and sports arenas.

3. "Practitioner" has the same meaning prescribed in section 32-1901.
A.R.S. § 36-738 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 738
36-738 Qualified immunity
Status: in_force

36-738. Qualified immunity

Any person or entity that acts pursuant to this article is not subject to civil liability for good faith conduct in following or attempting to follow the requirements of this article. An act is done in good faith under this article if it is reasonable under the circumstances. This section does not apply if the person or entity acting pursuant to this article is guilty of gross negligence or intentional misconduct.
A.R.S. § 36-3802 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3802
36-3802 Individual rights
Status: in_force

36-3802. Individual rights

A. An individual has the following rights:

1. Except as otherwise provided in state or federal law, to opt out of having the individual's individually identifiable health information accessible through a health information organization pursuant to section 36-3803.

2. To request a copy of the individual's individually identifiable health information that is accessible through the health information organization in accordance with the health insurance portability and accountability act (45 Code of Federal Regulations section 164.524). The health information organization may provide this right directly or may require health care providers or other persons participating in the health information organization to provide this access to individuals. Charges for copies are governed by section 12-2295.

3. To request the amendment of incorrect individually identifiable health information accessible through the health information organization.

4. To request a list of the persons who have accessed the individual's individually identifiable health information through the health information organization for a period of at least three years before the individual's request. This list must be provided to the individual within thirty days after the individual's request.

5. To be notified, pursuant to section 18-552 and 45 Code of Federal Regulations part 164, subpart D, of a breach at the health information organization that affects the individual's individually identifiable health information.

B. If an individual does not have the capacity to make health care decisions, the individual's health care decision maker may exercise all individual rights in this chapter on behalf of the individual.
A.R.S. § 36-897 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897
36-897 Definitions
Status: in_force

36-897. Definitions

In this article, unless the context otherwise requires:

1. "Child care group home" means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten children through the age of twelve years.

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

3. "Provider" means the certificate holder or a person the certificate holder designates in writing who, pursuant to applicable statutes and rules, is to be responsible for direct daily supervision, operation and maintenance of the child care group home.

4. "Substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of an applicant for certification as a child care group home or a certified child care group home does not pose a direct risk to the life, health or safety of children.
A.R.S. § 36-848 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 848
36-848 Who may make anatomical gift of decedent's body or part
Status: in_force

36-848. Who may make anatomical gift of decedent's body or part

A. Subject to the requirements of subsections B and C of this section, and unless barred pursuant to section 36-846 or 36-847, an anatomical gift for transplantation, therapy, research or education may be made by any member of the following classes of persons who is reasonably available, in the order of priority listed:

1. An agent of the decedent at the time of death who could have made an anatomical gift pursuant to section 36-843 immediately before the decedent's death.

2. The decedent's spouse.

3. The decedent's adult children.

4. The decedent's parents.

5. If the decedent is unmarried, the decedent's domestic partner, if another person had not assumed financial responsibility for the decedent.

6. The decedent's adult siblings.

7. The decedent's adult grandchildren.

8. The decedent's grandparents.

9. An adult who exhibited special care and concern for the decedent.

10. The persons who were acting as the guardians of the person of the decedent at the time of death.

11. Any other person who has the authority to dispose of the decedent's body.

B. If there is more than one member of a class that is listed in subsection A, paragraph 1, 3, 4, 5, 6, 7, 8 or 10 of this section who is entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to which the gift may pass pursuant to section 36-850 knows of an objection by another member of the class.  If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

C. A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class pursuant to subsection A of this section is reasonably available to make or to object to the making of an anatomical gift.

D. If the decedent's body is not within the custody of the county medical examiner, the county health officer may release and permit the removal of any part from the body in the county health officer's custody for transplantation, therapy, education or research if the requirements of section 36-860, subsection A, are met.
A.R.S. § 36-2313 — Arizona Code / Title 36 / Chapter 23 / Article 2 / Section 2313
36-2313 Destructive human embryonic stem cell research; violation; classification
Status: in_force

36-2313. Destructive human embryonic stem cell research; violation; classification

A. A person shall not intentionally or knowingly engage in destructive human embryonic stem cell research.

B. A person who violates this section is guilty of a class 6 felony.
A.R.S. § 36-2402 — Arizona Code / Title 36 / Chapter 25 / Article 1 / Section 2402
36-2402 Quality assurance activities; sharing of quality assurance information; immunity
Status: in_force

36-2402. Quality assurance activities; sharing of quality assurance information; immunity

A. State health care providers, hospitals and outpatient surgical centers shall, and other health care entities may, conduct quality assurance activities.

B. A health care entity may share quality assurance information with appropriate state licensing or certifying agencies and with licensed health care providers who are the subject of quality assurance activities. A hospital may share quality assurance information with other health care entities only with the approval of the hospital's medical executive committee or an equivalent committee.

C. A health care entity may share quality assurance information with other health care entities only for the purpose of conducting quality assurance activities.

D. A health care entity or person that provides or receives information, that participates, takes any action or makes any decision or recommendation in the course of quality assurance activities or that furnishes any records, information or assistance to a health care entity for or in the course of quality assurance activities is not subject to liability for civil damages or any legal action in consequence of such action except as provided in section 36-445.02.

E. Quality assurance activities conducted by state, county or local medical, pharmacy and dental associations and societies on behalf of a health care entity are immune from civil liability to the same degree as the facility for which the review activities are conducted.

F. Health care entities may jointly conduct quality assurance activities.

G. This section does not relieve any health care entity from liability arising from the treatment of a patient or from negligent credentialing decisions.
A.R.S. § 36-2222 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2222
36-2222 Trauma advisory board; membership; compensation; duties
Status: in_force

36-2222. Trauma advisory board; membership; compensation; duties

A. The trauma advisory board is established and consists of the following members:

1. The medical director of the bureau of the emergency medical services and trauma system who shall chair the board.

2. The director of the department of public safety or the director's designee.

3. Four members representing the four regional emergency medical services coordinating councils.

4. Two members from trauma centers in this state.

5. A representative from a statewide organization representing a national college of surgeons that is a recognized, authoritative body representing national trauma services standards.

6. A representative from a statewide fire district association.

7. A representative from a statewide hospital association.

8. A representative from a federal Indian health services organization.

9. A representative from a national organization of emergency physicians that is a recognized, authoritative body representing national emergency medicine standards.

10. A representative from a national association of retired persons.

11. A representative from a statewide rehabilitation facility.

12. A representative from an urban advanced life support base hospital that is not a trauma center.

13. A representative from a rural advanced life support base hospital that is not a trauma center.

14. A representative from a statewide ambulance association.

15. A representative from a fire department in a county with a population of five hundred thousand persons or more according to the most recent United States decennial census.

16. A representative of a tribal health organization.

17. A representative from a statewide neurosurgical society.

18. A representative from a statewide pediatric organization.

19. A representative from a society of trauma nurses.

20. A representative from a national association of orthopedic trauma.

B. Except for board members who serve under subsection A, paragraphs 1 and 2 of this section, board members are appointed by the director and serve staggered three year terms.

C. The director shall accept recommendations for appointment of board members from organizations representing consumers, insurers and governmental agencies that have an interest in the development of a statewide trauma system, including statewide chapters of a national trauma society, a national emergency medical nurses association, a medical association and an aeromedical association. Wherever appropriate to the entity being represented, the director shall consider qualified licensed physicians with experience in trauma care in anesthesia, emergency medicine, neurosurgery, orthopedics and pediatrics, and licensed nurses with experience in prehospital emergency care or trauma care.

D. Board members are not eligible to receive compensation but are eligible for reimbursement of expenses under title 38, chapter 4, article 2.

E. The board shall:

1. Make recommendations on the initial and long-term processes for the verification and designation of trauma center levels, including the evaluation of trauma center criteria.

2. Make recommendations on the development and implementation of comprehensive regional emergency medical services and trauma system plans.

3. Make recommendations on the state emergency medical services and trauma system quality improvement processes, including the state trauma registry.

4. Submit a report to the director on or before October 1 of each year regarding the board's accomplishments and recommendations.

F. The chairperson may appoint subcommittees to assist the board in meeting the requirements of subsection E of this section.
A.R.S. § 36-435 — Arizona Code / Title 36 / Chapter 4 / Article 2.1 / Section 435
36-435 Staff privileges for podiatrists
Status: in_force

36-435. Staff privileges for podiatrists

A. The governing board of each health care institution classified by the director as a hospital pursuant to section 36-405, subsection B shall provide for the use of the health care institution by, and staff privileges for, duly licensed podiatrists subject to nondiscriminatory rules and regulations governing the use or privileges established by the governing board and medical staff for persons licensed under title 32, chapter 7, 13 or 17.

B. This article does not prohibit any health care institution which is a teaching facility owned or operated by a university operating a school of medicine from requiring that any podiatrist have a faculty teaching appointment as a condition for eligibility for staff privileges at the health care institution.
A.R.S. § 36-850.01 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 850.01
36-850.01 Organ transplant eligibility; individuals with disabilities; discrimination prohibited
Status: in_force

36-850.01. Organ transplant eligibility; individuals with disabilities; discrimination prohibited

A. A health care provider may not, solely on the basis of an individual's disability, do any of the following:

1. Determine that the individual is ineligible to receive an organ transplant.

2. Deny the individual medical or other services related to an organ transplant, including evaluation, surgery, counseling and postoperative treatment.

3. Refuse to refer the individual to a transplant hospital or other related specialist for evaluation or receipt of an organ transplant.

4. Refuse to place the individual on an organ transplant waiting list or place the individual at a position lower in priority on the list than the position the individual would be placed if not for the individual's disability.

5. Decline insurance coverage for the individual for any procedure associated with the receipt of an organ transplant or for related services if the procedure or services would be covered under such insurance for the individual if not for the individual's disability.

B. Notwithstanding subsection A of this section, a health care provider may consider an individual's disability when making a treatment recommendation or decision solely to the extent that a physician, following an individualized evaluation of the potential transplant recipient, determines that the disability is medically significant to the organ transplant. This subsection does not require a referral or recommendation for, or the performance of, a medically inappropriate organ transplant.

C. A health care provider may not consider an individual's inability to independently comply with posttransplant medical requirements as medically significant for the purposes of subsection B of this section if the individual has a known disability and the necessary support system to assist the individual in reasonably complying with the requirements.

D. A health care facility shall make reasonable modifications in its policies, practices or procedures as necessary to allow individuals with a disability access to organ transplant-related services, including transplant-related counseling, information or treatment, unless the health care facility can demonstrate that making the modifications would fundamentally alter the nature of the services or would impose an undue hardship on the health care facility. Reasonable modifications in policies, practices and procedures may include:

1. Communicating with persons supporting or assisting with the individual's postsurgical and posttransplant care, including medication.

2. Considering the support available to the individual in determining whether the individual is able to reasonably comply with posttransplant medical requirements, including support provided by any of the following:

(a) Family.

(b) Friends.

(c) Home and community-based services, including home and community-based services funded by any of the following:

(i) Medicaid.

(ii) Medicare.

(iii) A health plan in which the individual is enrolled.

(iv) Any other program or source of funding available to the individual.

E. A health care provider shall make reasonable efforts to comply with the policies, practices and procedures, as applicable, developed by a health care facility under subsection D of this section as necessary to allow an individual with a known disability access to organ transplant-related services, including transplant-related counseling, information or treatment, unless the health care provider can demonstrate that compliance would fundamentally alter the nature of the services or would impose an undue hardship on the health care provider.

F. A health care provider shall make reasonable efforts to provide auxiliary aids and services to an individual with a known disability seeking organ transplant-related services, including organ transplant-related counseling, information or treatment, as necessary to allow the individual access to those services, unless the health care provider can demonstrate that providing the transplant-related services with auxiliary aids and services would fundamentally alter the transplant-related services provided or would impose an undue hardship on the health care provider.

G. A health care provider shall comply with the requirements of the Americans with disabilities act of 1990 (42 United States Code sections 12101 through 12213) to the extent that act applies to the health care provider. This subsection does not require a health care provider to comply with that act if the act does not otherwise require compliance by the health care provider.

H. This section applies to each stage of the organ transplant process and related services to an organ transplant, including all of the following:

1. Evaluation.

2. Counseling.

3. Treatment, including postoperative treatment and care.

4. Providing information.

5. Any other service recommended or required by a physician.

I. A violation of this section by a health care provider is grounds for disciplinary action by the regulatory agency or board that issued the license, certificate or other authority to the health care provider.  Before a regulatory agency or board may take disciplinary action against a health care provider for a violation, the applicable regulatory agency or board shall both:

1. Notify the health care provider of the agency's or board's finding that the health care provider violated or is violating this section or a rule adopted pursuant to this section.

2. Provide the health care provider with an opportunity to correct the violation without penalty or reprimand.

J. A physician who in good faith determines that an individual's disability is medically significant, as described in subsection B of this section, to the organ transplant does not violate this section.

K. A health care provider who in good faith makes a treatment recommendation or decision on the basis of a physician's determination that an individual's disability is medically significant, as described in subsection B of this section, to the organ transplant does not violate this section.
A.R.S. § 36-2903.04 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.04
36-2903.04 Prior wards of the state; annual eligibility renewal; residency determination
Status: in_force

36-2903.04. Prior wards of the state; annual eligibility renewal; residency determination

A. The administration shall determine the eligibility of any eligible person as defined in section 36-2901, paragraph 6, subdivision (a), item (iii). Subject to the approval of the centers for medicare and medicaid services, the administration or the administration's designee shall annually renew on an automatic basis the eligibility of a person who is determined eligible pursuant to section 36-2901, paragraph 6, subdivision (a), item (iii) without requiring additional information from the person until the person reaches twenty-six years of age, unless the person notifies the administration that the person either:

1. Moved out of this state.

2. May qualify for a different eligibility category.

B. If a person's eligibility in a different eligibility category ends, the administration shall automatically transfer the person back to the eligibility category specified in section 36-2901, paragraph 6, subdivision (a), item (iii) without disruption in medical coverage.

C. During the person's eligibility period, the administration or its designee may use reliable information available to the agency to determine the person's state residency, including through an electronic data match.
A.R.S. § 36-2052 — Arizona Code / Title 36 / Chapter 18 / Article 3 / Section 2052
36-2052 Designation of state agency
Status: in_force

36-2052. Designation of state agency

The administration is designated as the state authority for the purposes of exercising authority under the federal act.
A.R.S. § 36-2238 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2238
36-2238 Termination of service under certificate of necessity
Status: in_force

36-2238. Termination of service under certificate of necessity

An ambulance service which is authorized to operate under any certificate of necessity issued pursuant to this article shall not abandon or discontinue any service to any portion of the service area established under the certificate without an order from the department, unless the certificate has expired, becomes invalid or is suspended or revoked.
A.R.S. § 36-2224 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2224
36-2224 Interfacility transportation of patients; requirements
Status: in_force

36-2224. Interfacility transportation of patients; requirements

An ambulance service that transports a patient from a hospital within its certificated area to a hospital outside the certificated area is only required to transport that patient under medical direction to the nearest most appropriate facility as defined by federal medicare guidelines for ambulance services. This section shall not apply to any patient transport initiated or undertaken pursuant to the provisions of the federal emergency medical treatment and active labor act.
A.R.S. § 36-913 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 913
36-913 Injunction proceedings
Status: in_force

36-913. Injunction proceedings

In addition to the remedies provided in this article, the director, with the assistance of the attorney general or of the county attorney of the county in which the violation occurs, may apply to the superior court for injunctive relief.
A.R.S. § 36-3717 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3717
36-3717 Place of proceedings; transportation; immunity
Status: in_force

36-3717. Place of proceedings; transportation; immunity

A. Except as provided in subsection B of this section, a person who is detained or civilly committed pursuant to this article shall not be transported from a licensed facility under the supervision of the superintendent of the Arizona state hospital, except that a person may be transported to court for any of the following reasons:

1. A probable cause hearing pursuant to section 36-3705.

2. A trial pursuant to section 36-3706.

3. A hearing on a petition for conditional release to a less restrictive alternative pursuant to section 36-3709.

4. A hearing on a petition for discharge pursuant to section 36-3714.

5. Any evidentiary hearing in which the presence of a person who is detained or civilly committed pursuant to this article is necessary.

6. Any court proceeding not otherwise specified in this article where the presence of the detainee or committed person is required.

B. Subsection A of this section does not apply to any person whom the court has determined is subject to conditional release pursuant to section 36-3710 or to any necessary medical transports.

C. Subsection A of this section does not preclude any proceeding from being held on the grounds of the Arizona state hospital or from using a telephonic conference or an interactive audiovisual device.  The court shall adopt rules concerning the conduct of proceedings pursuant to this article. The rules shall ensure the safety of all persons.  The rules may include provisions that allow for proceedings to be held on the grounds of the Arizona state hospital or for the use of a telephonic conference or an interactive audiovisual device.

D. The department of health services is responsible for the transportation to and from a medical facility of a person who is detained or committed pursuant to this article.  The department of health services shall determine the appropriate mode of transportation and level of security and restraint for the transportation needs of the person.  In determining the appropriate mode of transportation and level of security and restraint, the department shall consider the safety of the public, the transporting personnel and the detained or committed person.

E. The department of health services and any county sheriff are immune from liability for any good faith acts under this section.
A.R.S. § 36-333.02 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 333.02
36-333.02 Delayed birth certificate registration
Status: in_force

36-333.02. Delayed birth certificate registration

A. If a birth certificate of a person who is born in this state is not registered within one year after the date of birth, a person authorized by this chapter may submit to the state registrar information and evidentiary documents that support the creation and registration of a delayed birth certificate.

B. The state registrar may waive the information and evidentiary document requirements in subsection A of this section for a birth that occurred before 1970.

C. The state registrar shall create a delayed birth certificate that includes a listing of the information and evidentiary documents submitted pursuant to subsection A of this section.

D. The state registrar shall register a delayed birth certificate if the information and evidentiary documents are accurate and complete, support the creation and registration of the delayed birth certificate and are submitted pursuant to this chapter and rules adopted pursuant to this chapter.

E. If the state registrar determines that the information and evidentiary documents are not accurate and complete or do not support the creation and registration of the delayed birth certificate, the state registrar shall not create and register the delayed birth certificate, shall notify the person requesting a delayed birth certificate of the reasons for not creating and registering the delayed birth certificate and shall advise the person requesting a delayed birth certificate of that person's right to petition for a court order pursuant to section 36-333.03.

F. The state registrar shall establish documentation requirements for Native Americans who were born before 1970 and who are requesting delayed birth certificates.  If a requesting party presents documents that do not meet the documentation requirements established by the state registrar, the director shall review the documents submitted and determine whether to create and register a delayed birth certificate.
A.R.S. § 36-312 — Arizona Code / Title 36 / Chapter 3 / Article 2 / Section 312
36-312 Local registrars and deputy local registrars; powers and duties
Status: in_force

36-312. Local registrars and deputy local registrars; powers and duties

A local registrar and deputy local registrar of a registration district shall:

1. Administer and enforce this chapter and rules adopted pursuant to this chapter.

2. Assist the state registrar in investigating violations of this chapter and rules adopted pursuant to this chapter.

3. Electronically or physically submit certificates, evidentiary documents and forms to the state registrar as directed by the state registrar.

4. Register certificates only as directed by the state registrar.

5. Preserve and maintain records and perform other duties required by the state registrar.

6. At the request of the state registrar, make certificates, evidentiary documents or forms related to the system of vital records available to the state registrar for inspection.

7. At the request of the state registrar, provide birth certificates and death certificates to the state registrar.

8. Prepare and issue copies of certificates according to rules adopted pursuant to this chapter.
A.R.S. § 36-183.07 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 183.07
36-183.07 Violation; classification
Status: in_force

36-183.07. Violation; classification

A. A person who violates this article, a sanitary ordinance or regulation adopted or order issued pursuant to this article or an order issued pursuant to section 36-602 is guilty of a class 3 misdemeanor if the person holds a valid permit issued under this article or a class 2 misdemeanor if the person does not hold a valid permit.

B. A penalty under this section shall not be imposed for the same acts for which a civil penalty has been imposed under this article.

C. In determining the penalty under this section, the court shall consider all of the following:

1. The seriousness of the violation.

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

3. The history of that violation.

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

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

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

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

8. Other factors the court deems relevant.

D. Lack of criminal intent does not constitute a defense to violations alleged under this section.
A.R.S. § 36-2947 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2947
36-2947 Program contractors; additional responsibilities
Status: in_force

36-2947. Program contractors; additional responsibilities

A. Program contractors shall establish and submit to the director for the director's approval utilization control systems comprised of prior authorization, concurrent review and retrospective review of services.

B. If a member is no longer eligible for the system, the program contractor and the department shall notify the administration in accordance with rules adopted pursuant to section 36-2932, subsection G. If that member may be eligible for services under article 1 of this chapter, the program contractor shall refer the person to the administration and arrange for the transfer of records to the appropriate provider as defined in section 36-2901 on notice by the administration.
A.R.S. § 36-1408 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1408
36-1408 Use of revenues; determining rentals
Status: in_force

36-1408. Use of revenues; determining rentals

It is the policy of the state that each public housing authority, city, town or county shall manage and operate its housing projects in an efficient manner to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations, and that a public housing authority, city, town or county shall not construct or operate the project to obtain net revenue unless and to the extent that any net revenues are used only for the provision and support of low income housing and support services. To this end a public housing authority, city, town or county shall fix the rentals for dwellings in its housing projects at no higher rates than it finds necessary to produce revenues which, together with any grants or subsidies from the federal government or other sources for housing projects, will be sufficient:

1. To pay, as they become due, the principal and interest on bonds of the public housing authority, city, town or county issued under the provisions of this article.

2. To meet the cost of and to provide for maintaining and operating the projects and the provision of related support services for the tenants, including the cost of any insurance, and the administrative expenses of the public housing authority, city, town or county incurred in connection with maintaining and operating the projects and support services.

3. To create, during not less than the six years immediately succeeding the issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one year thereafter and to maintain the reserve.
A.R.S. § 36-198.01 — Arizona Code / Title 36 / Chapter 1 / Article 6 / Section 198.01
36-198.01 Access to information; confidentiality; violation; classification
Status: in_force

36-198.01. Access to information; confidentiality; violation; classification

(Rpld. 1/1/29)

A. On request of the chairperson or team coordinator of the drug overdose fatality review team who is an employee of the department of health services or a local drug overdose fatality review team who is an employee of the local county health department or an organization that manages the local overdose fatality review team for the local health department and as necessary to carry out the review team's duties, the chairperson or team coordinator shall be provided, within five days excluding weekends and holidays, with access to information and records regarding a drug overdose fatality that is being reviewed by the review team or regarding the person who overdosed on drugs. The review team may review drug overdose fatalities from January 1, 2021 to the present and may request the information and records from any of the following:

1. A provider of medical, dental or mental health care.

2. This state or a political subdivision of this state that might assist the review team in reviewing the fatality.

B. A law enforcement agency, with the approval of the prosecuting attorney, may withhold from the drug overdose fatality review team or a local team any investigative records that might interfere with a pending criminal investigation or prosecution.

C. The director of the department of health services or the director's designee may apply to the superior court for a subpoena as necessary to compel the production of books, records, documents and other evidence related to the person who overdosed on drugs.  Subpoenas issued under this subsection shall be served and, on application to the court by the director or the director's designee, enforced in the manner provided by law for the service and enforcement of subpoenas.  A law enforcement agency is not required to produce the information requested under the subpoena if the subpoenaed evidence relates to a pending criminal investigation or prosecution.  All records shall be returned to the agency or organization on completion of the review.  The drug overdose fatality review team or a local team may not keep written reports or records containing identifying information.

D. All information and records acquired by the drug overdose fatality review team or any local team are confidential and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding, except that information, documents and records that are otherwise available from other sources are not immune from subpoena, discovery or introduction into evidence through those sources solely because they were presented to or reviewed by a review team pursuant to this article.

E. Members of the drug overdose fatality review team or a local team, persons attending a review team meeting and persons who present information to a review team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting.  This subsection does not prevent a person from testifying to information that is obtained independently of the review team or that is public information.

F. A member of the drug overdose fatality review team or a local team may contact, interview or obtain information by request or subpoena from a family member of a deceased person who overdosed on drugs.

G. Meetings of the drug overdose fatality review team or a local team are closed to the public and are not subject to title 38, chapter 3, article 3.1 if the review team is reviewing information on a person who overdosed on drugs. All other review team meetings are open to the public.

H. A person who violates the confidentiality requirements of this section is guilty of a class 2 misdemeanor.
A.R.S. § 36-2905.06 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905.06
36-2905.06 Finger imaging; requirements; exemption
Status: in_force

36-2905.06. Finger imaging; requirements; exemption

A. To prevent multiple enrollment for services provided by the system, the administration shall work with the department of economic security to expand that department's finger imaging eligibility program to specific programs that are selected by the director of the administration and that provide services pursuant to this chapter.

B. By July 1, 2001, the administration shall make the following subject to finger imaging during the enrollment process:

1. All programs where enrollment and eligibility screening occur at a department of economic security facility.

2. Any program that provides members with pharmaceutical benefits.

3. Any other program selected by the director of the administration.

C. The director of the administration shall adopt rules to implement the requirements of subsections A and B of this section, including rules to exempt children, the elderly and any other group that the director determines would be unduly burdened by a finger imaging requirement.

D. Any pregnant woman who is eligible pursuant to section 36-2901, paragraph 6, subdivision (a) or who is receiving federal emergency services pursuant to section 36-2903.03 is not subject to finger imaging.
A.R.S. § 36-1423 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1423
36-1423 Bids required for construction and purchases
Status: in_force

36-1423. Bids required for construction and purchases

All items of construction and all purchases of furnishings and equipment made under this article shall be by contract after call for bids.
A.R.S. § 36-1971 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1971
36-1971 Licensure; acts and persons not affected
Status: in_force

36-1971. Licensure; acts and persons not affected

A. A person shall not practice as an interpreter for the deaf and the hard of hearing without a license issued pursuant to this article.  The licensure requirements of this article also apply to interpreters who provide services for legal proceedings as prescribed in section 12-242.

B. The commission by rule shall prescribe education, examination and work history requirements for the following three categories of licenses:

1. Legal.

2. Generalist.

3. Provisional.

C. This article does not apply to:

1. An interpreter who works in this state for less than twenty days if that person registers with the commission to provide interpreting services in nonlegal situations.

2. An interpreter who provides interpreting services at religious activities.

3. An interpreter who provides interpreting services on an emergency basis if the delay necessary to obtain a licensed interpreter is likely to cause injury or loss to the consumer.

4. An interpreter who works without compensation in nonlegal situations.

5. An interpreter who works in a school in this state pursuant to the individual education plan of a deaf or hard of hearing pupil.  The qualifications of an interpreter working in a school in this state shall be determined by the individualized education program team.  A school district shall inform a parent or guardian of a deaf or hard of hearing pupil of the parent or guardian's right to request a licensed interpreter.

6. Activities and services of an interpreter intern or student in training if both of the following are true:

(a) The interpreter is enrolled in a program of study in interpreting at an accredited institution of higher learning.

(b) The interpreter works under the supervision of a person licensed pursuant to this article as part of a supervised program of study and is identified to all consumers as an interpreter intern or student in training.
A.R.S. § 36-3406 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3406
36-3406 Arizona state advisory council on the seriously mentally ill; membership; compensation; duties
Status: in_force

36-3406. Arizona state advisory council on the seriously mentally ill; membership; compensation; duties

A. The Arizona state advisory council on the seriously mentally ill is established.

B. The advisory council shall consist of the director or the director's designee and the following nine members appointed by the governor:

1. One member representing an advocacy group for the seriously mentally ill.

2. One service provider.

3. One member representing a behavioral health contract agency in an urban area.

4. One member representing a behavioral health contract agency in a rural area.

5. One member of a county health department specializing in the delivery of services to the seriously mentally ill.

6. One health care professional who works with the seriously mentally ill and who is not associated with a contract agency providing services.

7. Three family members of persons who are seriously mentally ill.

C. The director or the director's designee shall serve as chairman.

D. The advisory council shall meet at least every three months.

E. Members of the advisory council are not entitled to compensation but members appointed are entitled to reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. The administration shall provide necessary staff services to the advisory council.

G. The advisory council shall advise the administration on matters relating to the seriously mentally ill.

H. Appointed members of the advisory council shall serve staggered three-year terms.
A.R.S. § 36-2901.09 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.09
36-2901.09 Hospital assessment fund
Status: in_force

36-2901.09. Hospital assessment fund

A. The hospital assessment fund is established consisting of monies collected pursuant to section 36-2901.08.  The director shall administer the fund.

B. The director shall use fund monies only as necessary to supplement monies in the proposition 204 protection account established by section 36-778 and the Arizona tobacco litigation settlement fund established by section 36-2901.02.

C. Monies in the fund:

1. Do not revert to the state general fund.

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

3. Are continuously appropriated.
A.R.S. § 36-2804.02 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804.02
36-2804.02 Registration of qualifying patients and designated caregivers
Status: in_force

36-2804.02. Registration of qualifying patients and designated caregivers

(Caution:  1998 Prop. 105 applies)

A. A qualifying patient may apply to the department for a registry identification card by submitting:

1. Written certification issued by a physician within the ninety days immediately preceding the date of application.

2. The application fee.

3. An application, including:

(a) Name, mailing address, residence address and date of birth of the qualifying patient except that if the applicant is homeless no address is required.

(b) Name, address and telephone number of the qualifying patient's physician.

(c) Name, address and date of birth of the qualifying patient's designated caregiver, if any.

(d) A statement signed by the qualifying patient pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(e) A signed statement from the designated caregiver, if any, agreeing to be the patient's designated caregiver and pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(f) A designation as to who will be allowed to cultivate marijuana plants for the qualifying patient's medical use if a registered nonprofit medical marijuana dispensary is not operating within twenty-five miles of the qualifying patient's home.

B. The application for a qualifying patient's registry identification card shall ask whether the patient would like the department to notify him of any clinical studies needing human subjects for research on the medical use of marijuana.  The department shall notify interested patients if it is notified of studies that will be conducted in the United States.
A.R.S. § 36-2903.14 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.14
36-2903.14 Personal health information; duplicative paperwork requirements
Status: in_force

36-2903.14. Personal health information; duplicative paperwork requirements

A. The administration shall require its contracted housing program administrators to review and minimize duplicative paperwork requirements for and limit the number of contractors and entities that unnecessarily receive personal health information of members with serious mental illness who are receiving services pursuant to this chapter or chapter 34 of this title.

B. Contracted housing program administrators may not sell or otherwise share any member's personal health information, unless authorized or required by state or federal law, including the health insurance portability and accountability act privacy standards (45 Code of Federal Regulations part 160 and part 164, subpart E).
A.R.S. § 36-1490 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1490
36-1490 Supplemental nature of article
Status: in_force

36-1490. Supplemental nature of article

The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law.
A.R.S. § 36-1938 — Arizona Code / Title 36 / Chapter 17 / Article 3 / Section 1938
36-1938 Violation; classification
Status: in_force

36-1938. Violation; classification

Violation of any provision of this chapter is a class 3 misdemeanor.
A.R.S. § 36-1674 — Arizona Code / Title 36 / Chapter 13 / Article 6 / Section 1674
36-1674 Prohibited acts; classification
Status: in_force

36-1674. Prohibited acts; classification

A. It shall be unlawful for any person to:

1. Apply lead-based paint to any interior surface of residential housing or a public building and to the exteriors and porches of such housing and buildings in any area which is readily accessible to children under seven years of age.

2. Apply lead-based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil in violation of the requirements established by the director.

3. Sell or distribute any toy, furniture, cooking utensil, drinking utensil, or eating utensil containing any lead-based paint which does not conform with the requirements established by the director.

B. Lead-based paint that may be purchased by the general public shall not be sold or distributed in any form unless the container is clearly labeled as follows:

"(Front panel)

Warning'.

Contains lead

Dried film of this paint may be

harmful if eaten or chewed

See other cautions on (side or back) panel.*

(Back or side panel)

Cautions

Do not apply on toys and other children's

articles, furniture, or interior surfaces

of any dwelling or facility which may be

occupied or used by children.

Do not apply on those exterior surfaces of

dwelling units, such as windowsills, porches,

stairs, or railing, to which children may be

commonly exposed.

Keep out of reach of children."

The signal word, the statement of the principal hazard or hazards, and instructions to read carefully any cautionary information that may be placed elsewhere on the label shall appear together on the main panel of the label. Such information shall be placed together and distinctively apart from other wording or designs. The necessary prominence shall be achieved by placement within the borders of a square or rectangle with or without a borderline, and by use of suitable contrasts with the background achieved by distinctive typography or color, and by both color and typography when needed. The signal word and statement of hazard shall be in capital letters. The signal word shall be of a size bearing a reasonable relationship to the other type on the main panel, but shall not be less than eighteen point type, and the size of the statement of hazard shall not be less than twelve point type unless the label space on the container is too small to accommodate such type size. When the size of the label space requires a reduction in type size, the reduction shall be made to a size no smaller than necessary and in no event to a size smaller than six point type.

C. The label requirement required by subsection B shall not apply to artists' supplies.

D. Any person who violates a provision of this section is guilty of a class 1 misdemeanor.
A.R.S. § 36-736 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 736
36-736 Administrative procedures act; judicial review of administrative procedures; exemption; appeals
Status: in_force

36-736. Administrative procedures act; judicial review of administrative procedures; exemption; appeals

A. Orders of the tuberculosis control officer or local health officer issued pursuant to this article and procedures prescribed by this article are exempt from title 41, chapter 6 and title 12, chapter 7, article 6.

B. An order of the superior court that imposes, denies, modifies, amends or rescinds court ordered examination, treatment, monitoring, isolation or quarantine pursuant to this article may be reviewed at the request of any party in interest by appeal to the court of appeals as prescribed in the Arizona rules of civil procedure or by special action. The court may give scheduling preference to this appeal or special action.
A.R.S. § 36-3521 — Arizona Code / Title 36 / Chapter 35 / Article 2 / Section 3521
36-3521 Definitions
Status: in_force

36-3521. Definitions

In this article, unless the context otherwise requires:

1. "Commercial user" means a person who deals in cribs or who claims to have knowledge or skill particular to cribs or who is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce. Commercial user includes child care facilities, child care group homes licensed pursuant to this title, hotels and motels.

2. "Crib" means a bed or containment designed to accommodate an infant and includes full-size cribs and nonfull-size cribs.

3. "Full-size crib" has the same meaning prescribed in 16 Code of Federal Regulations section 1508.3.

4. "Infant" means a child who is less than thirty-five inches tall and who is under three years of age.

5. "Nonfull-size crib" has the same meaning prescribed in 16 Code of Federal Regulations section 1509.2.
A.R.S. § 36-766.04 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.04
36-766.04 Denial, suspension or revocation of certificate; hearings; tribal jurisdiction
Status: in_force

36-766.04. Denial, suspension or revocation of certificate; hearings; tribal jurisdiction

A. The director may deny, suspend or revoke the certificate of any state-certified doula who:

1. Violates any provision of this article or rule adopted pursuant to this article.

2. Indulges in conduct or a practice that is detrimental to the public health or safety.

B. The department may deny, suspend or revoke a state-certified doula certificate.  After receiving notification of the denial, suspension or revocation, the applicant or state-certified doula may request a hearing to review the denial, suspension or revocation and, if requested, the department shall conduct the hearing pursuant to title 41, chapter 6, article 10.

C. A state-certified doula who is employed by an Indian tribe and who violates this section shall be under tribal government jurisdiction.  If the state-certified doula is determined to have violated this section, the information provided to the director may result in the denial, suspension or revocation of the state-certified doula's certification. Internal hearings, appeals or penalties resulting from disciplinary actions by a tribal government are deemed to be the final decision in accordance with this section.
A.R.S. § 36-148 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 148
36-148 Annual distribution report; smart and safe Arizona fund
Status: in_force

36-148. Annual distribution report; smart and safe Arizona fund

On or before September 1 of each year, the state treasurer shall report to the joint legislative budget committee and the governor's office of strategic planning and budgeting on distributions made from the smart and safe Arizona fund established by section 36-2856 to the department of health services, the department of revenue, the supreme court, the department of public safety and the state treasurer pursuant to section 36-2856, subsection B. The report shall include the amount of actual distributions made to each entity in the prior fiscal year and the amount of estimated distributions for the current fiscal year.
A.R.S. § 36-424 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 424
36-424 Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators and assisted living facility managers
Status: in_force

36-424. Inspections; suspension or revocation of license; report to board of examiners of nursing care institution administrators and assisted living facility managers

A. Except as provided in subsection B of this section, the director shall inspect the premises of the health care institution and investigate the character and other qualifications of the applicant to ascertain whether the applicant and the health care institution are in substantial compliance with the requirements of this chapter and the rules established pursuant to this chapter. The director may prescribe rules regarding department background investigations into an applicant's character and qualifications.

B. The director may accept proof that a health care institution is an accredited hospital or is an accredited health care institution in lieu of all compliance inspections required by this chapter if the director receives a copy of the health care institution's accreditation report for the licensure period and the health care institution is accredited by an independent, nonprofit accrediting organization approved by the secretary of the United States department of health and human services. If the health care institution's accreditation report is not valid for the entire licensure period, the department may conduct a compliance inspection of the health care institution during the time period the department does not have a valid accreditation report for the health care institution. For the purposes of this subsection, each licensed premises of a health care institution must have its own accreditation report.  The director may not accept an accreditation report in lieu of a compliance inspection of:

1. An intermediate care facility for individuals with intellectual disabilities.

2. A nursing-supported group home.

3. A health care institution if the health care institution has been subject to an enforcement action pursuant to section 36-427 or 36-431.01 within the year preceding the annual licensing fee anniversary date.

C. On a determination by the director that there is reasonable cause to believe a health care institution is not adhering to the licensing requirements of this chapter, the director and any duly designated employee or agent of the director, including county health representatives and county or municipal fire inspectors, consistent with standard medical practices, may enter on and into the premises of any health care institution that is licensed or required to be licensed pursuant to this chapter at any reasonable time for the purpose of determining the state of compliance with this chapter, the rules adopted pursuant to this chapter and local fire ordinances or rules. Any application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of the premises during the pendency of the application and, if licensed, during the term of the license. If an inspection reveals that the health care institution is not adhering to the licensing requirements established pursuant to this chapter, the director may take action authorized by this chapter. Any health care institution, including an accredited hospital, whose license has been suspended or revoked in accordance with this section is subject to inspection on application for relicensure or reinstatement of license.

D. The director shall immediately report to the board of examiners of nursing care institution administrators and assisted living facility managers information identifying that a nursing care institution administrator's conduct may be grounds for disciplinary action pursuant to section 36-446.07.
A.R.S. § 36-776 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 776
36-776 Emergency health services account
Status: in_force

36-776. Emergency health services account

(Caution:  1998 Prop. 105 applies)

A. The emergency health services account is established consisting of monies deposited pursuant to section 36-770.  The Arizona health care cost containment system administration shall administer the account.  The administration shall use account monies solely for the reimbursement of uncompensated care, primary care services and trauma center readiness costs.

B. Monies in the account are subject to legislative appropriation.  Any monies remaining unexpended and unencumbered on June 30 of each year in the account revert to the proposition 204 protection account established by section 36-778.
A.R.S. § 36-2907.12 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.12
36-2907.12 Transplants; tobacco tax allocation
Status: in_force

36-2907.12. Transplants; tobacco tax allocation

Subject to the availability of monies in the medically needy account established by section 36-774, the administration shall withdraw the amount necessary to pay the state share of costs for providing eligibility for transplant recipients who agree to enter into contractual agreements with hospitals pursuant to section 36-2907.10 or 36-2907.11.
A.R.S. § 36-415 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 415
36-415 Breast density mammography results; notification
Status: in_force

36-415. Breast density mammography results; notification

A. Beginning October 1, 2014, if a patient is categorized by a health care institution or health care facility that performs mammography examinations as having heterogeneously dense breasts or extremely dense breasts based on the breast imaging reporting and data system established by the American college of radiology, the institution or facility must include in the summary of the mammography report that is sent to the patient the following notice:

Your mammogram indicates that you have dense breast tissue.  Dense breast tissue is common and is found in fifty per cent of women. However, dense breast tissue can make it more difficult to detect cancers in the breast by mammography and may also be associated with an increased risk of breast cancer.  This information is being provided to raise your awareness and to encourage you to discuss with your health care providers your dense breast tissue and other breast cancer risk factors. Together, you and your physician can decide if additional screening options are right for you. A report of your results was sent to your physician.

B. This section does not:

1. Create or impose liability on a health care institution or health care facility for failing to comply with the requirements of this section before October 1, 2014.

2. Create a duty of care or other legal obligation beyond the duty to provide notice as set forth in subsection A of this section.

3. Require a notice that is inconsistent with the federal mammography quality standards act or any regulations promulgated pursuant to that act.
A.R.S. § 36-210 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 210
36-210 Expenditures
Status: in_force

36-210. Expenditures

A. This article does not give the director or any employee authority to create a debt or obligation in excess of the amount appropriated by the legislature to carry out its provisions.  If monies are not appropriated to carry out the purpose of this article, the director shall submit recommendations to the legislature, with a statement of the cost when an improvement is requested.

B. Except as provided by subsection D of this section, the director of the department of administration shall not issue a warrant for expenditures by the state hospital in excess of the estimate contained in the monthly financial statement unless the superintendent submits a written request that is approved in writing by the director of the department of health services and that states the reasons for the request.  The director of the department of administration shall not issue warrants in excess of the amount available for the current quarter.

C. If a patient in the state hospital requires a health care service that the state hospital or a facility or provider contracted by the state hospital cannot provide, the department of health services shall pay approved claims from a facility or provider that provides these required services as follows:

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

2. For health and medical services, the state shall reimburse providers at a level that does not exceed the capped fee-for-service schedule that is adopted by the Arizona health care cost containment system administration pursuant to chapter 29, article 1 of this title and that is in effect at the time the service is delivered.

D. Monies appropriated for capital investment may be expended at any time during the fiscal period for which the monies are appropriated as directed by the director.
A.R.S. § 36-1101 — Arizona Code / Title 36 / Chapter 9 / Article 4 / Section 1101
36-1101 Definitions
Status: in_force

36-1101. Definitions

As used in this article unless the context otherwise requires:

1. "Dangerous, caustic or corrosive substance" means:

(a) Hydrochloric acid or any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten per cent or more.

(b) Sulphuric acid or any preparation containing free or chemically unneutralized sulphuric acid (H2 SO4) in a concentration of ten per cent or more.

(c) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five per cent or more.

(d) Carbolic acid (C6 H5 OH), otherwise known as phenol, or any preparation containing carbolic acid in a concentration of five per cent or more.

(e) Oxalic acid or any preparation containing free or chemically unneutralized oxalic acid (C2 H2 O4) in a concentration of ten per cent or more.

(f) Any oxalic salt in a concentration of ten per cent or more.

(g) Acetic acid (HO2 H3 O2) in a concentration of twenty per cent or more.

(h) Hypochlorous acid, either free or combined, or any preparation containing hypochlorous acid in a concentration so as to yield ten per cent or more by weight, of available chloride, excluding calx chlorinate, bleaching powder, and chlorine of lime.

(i) Potassium hydroxide or any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten per cent or more.

(j) Sodium hydroxide or any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten per cent or more.

(k) Silver nitrate, sometimes known as lunar caustic, or any preparation containing silver nitrate (AgNO3) in a concentration of five per cent or more.

(l) Ammonia water or any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and "hartshorn" in a concentration of five per cent or more.

2. "Misbranded parcel, package or container" means a retail parcel, package or container of any dangerous, caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label or sticker which bears:

(a) The name of the article.

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

(c) The word "poison," running parallel with the main body of reading matter on the label or sticker, on a clear, plain background of a distinctly contrasting color, in uncondensed gothic capital letters not smaller than 24 point size, unless there is on the label or sticker no other type so large, in which case the type shall be not smaller than the largest type on the label or sticker.

(d) Directions for treatment in case of accidental personal injury by the dangerous, caustic or corrosive substance.
A.R.S. § 36-1940.03 — Arizona Code / Title 36 / Chapter 17 / Article 4 / Section 1940.03
36-1940.03 Temporary licenses
Status: in_force

36-1940.03. Temporary licenses

A. The department shall issue a temporary license to a person who does not meet the professional experience requirement of section 36-1940.01 if the applicant meets the other requirements of that section and:

1. Includes with the application a plan for meeting the postgraduate professional experience.

2. Submits a fee prescribed by section 36-1908.

B. A person may renew a temporary license only once.

C. A person issued a temporary license shall practice only under the supervision of a person who is fully licensed by this state.
A.R.S. § 36-3005 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3005
36-3005 Domestic violence service provider requirements for eligibility
Status: in_force

36-3005. Domestic violence service provider requirements for eligibility

A. To be eligible to receive fund monies under this chapter, a domestic violence service provider shall adhere to statewide service standards for domestic violence programs that are approved by the department of economic security in collaboration with a state coalition against domestic violence.

B. A domestic violence service provider does not qualify for fund monies if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, disability, marital status, national origin or ancestry.
A.R.S. § 36-1641 — Arizona Code / Title 36 / Chapter 13 / Article 3 / Section 1641
36-1641 Safety construction in public buildings; violations; classification
Status: in_force

36-1641. Safety construction in public buildings; violations; classification

A. The doors of all school houses, churches, theaters, public auditoriums and other public buildings shall be constructed so they may open outward. All screens, bars or other coverings of windows of such buildings, other than a place of legal imprisonment or confinement, shall be so constructed that they may be easily and quickly opened from the inside.

B. It is unlawful for any such building to be constructed, used or occupied unless the doors and windows are constructed in compliance with subsection A.

C. A person owning, using or permitting the use of a building contrary to the provisions of this section is guilty of a class 2 misdemeanor.
A.R.S. § 36-123.03 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 123.03
36-123.03 Congenital heart defect special plate fund
Status: in_force

36-123.03. Congenital heart defect special plate fund

A. The congenital heart defect special plate fund is established consisting of monies received pursuant to section 28-2470.02. The director shall administer the fund.  The first $32,000 received shall be reimbursed to the person who pays the implementation fee pursuant to section 28-2470.02. Not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund.  Monies in the fund are continuously appropriated. The director shall annually distribute monies in the fund.

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

1. Is headquartered in this state.

2. Supports a hospital that has been operating in this state for at least thirty-seven years, that has a primary focus of pediatric patient care and that has a heart center.

C. The monies allocated from the fund shall be used only for congenital heart defect research, treatment and community education and outreach.

D. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-2351 — Arizona Code / Title 36 / Chapter 24 / Article 1 / Section 2351
36-2351 Definitions
Status: in_force

36-2351. Definitions

In this chapter, unless the context otherwise requires:

1. "Construction" means building, erection, fabrication or installation.

2. "Coordinating medical provider" means a physician or group of physicians, or any combination thereof, which has entered into an agreement with a county, incorporated city or town, health service district or the department to supervise the medical care offered at a medical clinic, as defined by this section.

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

4. "Health service district" means a health service district established pursuant to title 48, chapter 16, article 1.

5. "Hospital" means a health care institution licensed as a hospital pursuant to chapter 4, article 2 of this title.

6. "Medical clinic" means a facility, whether mobile or stationary, which provides ambulatory medical care in a medically-underserved area through the employment of physicians, professional nurses, physician assistants or other health care technical and paraprofessional personnel.

7. "Physician" means a physician licensed pursuant to title 32, chapter 13, 14 or 17.
A.R.S. § 36-324 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 324
36-324 Vital records; copies; access
Status: in_force

36-324. Vital records; copies; access

A. On written request, a local registrar, a deputy local registrar or the state registrar shall issue a certified copy of a registered certificate, except the portion of the certificate that contains medical information, to any person determined to be eligible to receive the certified copy pursuant to criteria prescribed by rules. A local registrar, a deputy local registrar or the state registrar shall issue certified copies of a registered certificate to a licensed funeral director or the funeral director's designee on the funeral director's or designee's written or in-person request. The local registrar, deputy local registrar or state registrar shall provide the certified copies by mail or in person to the funeral director or the funeral director's designee on request.

B. A certified copy of a registered certificate has the same status as the registered certificate.

C. The United States public health service may receive copies, microfilm and other information from the state registrar to prepare national vital statistics subject to the following limitations:

1. The United States public health service bears the cost of preparing and transmitting the copies, microfilm and other information.

2. The copies, microfilm and other information are used for statistical purposes and the United States public health service assures a person's anonymity.

D. In child support cases under 42 United States Code sections 651 through 669 or in public benefit matters under chapter 29 of this title or title 46, the state registrar shall provide copies of or access to vital records without charge to the department of economic security or its attorneys.  In child welfare cases under title 8, the state registrar shall provide copies of or access to vital records without charge to the department of child safety or its attorneys.  A vital record obtained as authorized in this section must be used only for official purposes and, if used in a public proceeding, must be sealed by the court or hearing officer.

E. The state registrar shall provide a copy of or access to a vital record to a government agency for its official purposes.

F. Notwithstanding any other law, a child who is at least sixteen years of age and who either does not have a residence address or is in the department of child safety's custody may receive a certified copy of the child's certificate of birth registration without the signature of the child's parent, guardian or foster parent.
A.R.S. § 36-852 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 852
36-852 Rights and duties of procurement organizations and others
Status: in_force

36-852. Rights and duties of procurement organizations and others

A. When a hospital refers an individual at or near death to an organ procurement organization, the organization shall make a reasonable search of the records of any donor registry that it knows exists for the geographical area in which the individual resides to determine if the individual has made an anatomical gift.

B. A procurement organization must be allowed reasonable access to information in the records of the donor registry to determine if an individual at or near death is a donor.

C. When a hospital refers an individual at or near death to an organ procurement organization, the organ procurement organization or the appropriate eye bank or tissue bank may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research or education from a donor or a prospective donor.  During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent.

D. Unless otherwise prohibited by law, at any time after a donor's death, the person to which a part passes pursuant to section 36-850 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

E. Unless otherwise prohibited by law, an examination pursuant to subsection C or D of this section may include an examination of all medical and dental records of the donor or prospective donor.

F. On the death of a minor who was a donor or who had signed a refusal, unless a procurement organization knows the minor is emancipated, the appropriate procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

G. On referral by a hospital pursuant to subsection A of this section, the appropriate procurement organization must make a reasonable search for any person listed in section 36-848 who has priority to make an anatomical gift on behalf of a prospective donor.  If a procurement organization receives information that an anatomical gift to any other person was made, amended or revoked, it shall promptly advise the other person of all relevant information.

H. Subject to the requirements of section 36-850, subsection I and section 36-861, the rights of the person to which a part passes pursuant to section 36-850 are superior to the rights of all others with respect to the part.  The person may accept or reject an anatomical gift in whole or in part.  Subject to the terms of the document of gift and this article, a person who accepts an anatomical gift of an entire body may allow embalming, burial or cremation and use of remains in a funeral service. If the gift is of a part, the person to which the part passes pursuant to section 36-850, on the death of the donor and before embalming, burial or cremation, shall cause the part to be removed without unnecessary mutilation.

I. The physician who attends the decedent at death and the physician who determines the time of the decedent's death may not participate in the procedures for removing or transplanting a part from the decedent.

J. A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
A.R.S. § 36-2205 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2205
36-2205 Permitted treatment and medication; certification requirement; protocols
Status: in_force

36-2205. Permitted treatment and medication; certification requirement; protocols

A. The director, in consultation with the medical director of the emergency medical services and trauma system, the emergency medical services council and the medical direction commission, shall establish protocols, which may include training criteria, governing the medical treatments, procedures, medications and techniques that may be administered or performed by each classification of emergency medical care technician.  These protocols shall consider the differences in treatments and procedures for regional, urban, rural and wilderness areas and shall require that emergency medical care technicians authorized to perform advanced life support procedures render these treatments, procedures, medications or techniques only under the direction of a physician.

B. The protocols adopted by the director pursuant to this section are exempt from title 41, chapter 6.

C. Notwithstanding subsection B of this section, a person may petition the director, pursuant to section 41-1033, to amend a protocol adopted by the director.

D. In consultation with the medical director of the emergency medical services and trauma system, the emergency medical services council and the medical direction commission, the director shall establish protocols for emergency medical providers to refer and advise a patient or transport a patient by the most appropriate means to the most appropriate provider of medical services based on the patient's condition. The protocols shall consider the differences in treatments and procedures for regional, urban, rural and wilderness areas and shall require that emergency medical care technicians authorized to perform advanced life support procedures render these treatments, procedures, medications or techniques only under the direction of a physician.

E. The protocols established pursuant to subsection D of this section shall include triage and treatment protocols that allow all classifications of emergency medical care technicians responding to a person who has accessed 911, or a similar public dispatch number, for a condition that does not pose an immediate threat to life or limb to refer and advise a patient or transport a patient to the most appropriate health care institution, as defined in section 36-401, based on the patient's condition, taking into consideration factors including patient choice, the patient's health care provider, specialized health care facilities and local protocols.
A.R.S. § 36-627 — Arizona Code / Title 36 / Chapter 6 / Article 2 / Section 627
36-627 Temporary hospitals for persons with contagious disease
Status: in_force

36-627. Temporary hospitals for persons with contagious disease

A local board of health or health department may provide a temporary hospital or place of reception for persons with infectious or contagious diseases. Hospitals or other places in which infectious or contagious disease exists shall be under the control and subject to regulations of the local board of health or health department while such disease exists. During such periods of hospital control, inmates shall obey the regulations and instructions of the local board or department.
A.R.S. § 36-3405 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3405
36-3405 Annual report; reports
Status: in_force

36-3405. Annual report; reports

A. On or before January 1 of each year, the director shall submit a financial and programmatic report for the preceding fiscal year to the governor, the speaker of the house of representatives and the president of the senate.

B. The report required pursuant to subsection A of this section shall include revenues and expenditures for behavioral health programs and total revenues and expenditures, including specific identification of administrative costs for each behavioral health program by the following categories:

1. The seriously mentally ill.

2. Alcohol and drug abuse.

3. Children with severe emotional disabilities.

4. Domestic violence.

C. The report required pursuant to subsection A of this section shall include the number of clients served by each behavioral health service.

D. The director shall provide a monthly report to the governor, the speaker of the house of representatives and the president of the senate that shall, by regional behavioral health authority, separately report title XIX and nontitle XIX categories and shall include for each category the number of persons served, the units of service and the amount of funding provided for client services and the amount provided for regional behavioral health authority administration and case management expenses.
A.R.S. § 36-4201 — Arizona Code / Title 36 / Chapter 42 / Article 1 / Section 4201
36-4201 Definitions
Status: in_force

36-4201. Definitions

In this article, unless the context otherwise requires:

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

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

3. "Transitional housing facility" means a temporary living arrangement for an individual who, after participating in a prerelease transitional program while incarcerated, is transitioning from incarceration to independent living that provides basic necessities, including job training, employment placement services, direct access to parole officers, housing, clothing, prepared meals and hygiene necessities, at no cost to the individual while the individual is simultaneously participating in a voluntary reentry program that incorporates licensed outpatient behavioral health services that are all located within the same campus environment.
A.R.S. § 36-766.01 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.01
36-766.01 Application for certificate; certification; fingerprint clearance card; renewal; continuing education
Status: in_force

36-766.01. Application for certificate; certification; fingerprint clearance card; renewal; continuing education

A. A person may apply to the director for a certificate to practice as a state-certified doula on a form prescribed by the director and shall furnish the information required by the director.

B. The director shall grant a certificate to a doula who:

1. Meets the qualifications prescribed by this article and rules adopted pursuant to this article.

2. Pays the applicable fees. The director shall prescribe by rule a sliding fee scale for all fees required by this article and rules adopted pursuant to this article.

3. Possesses a valid fingerprint clearance card issued pursuant to title 41, chapter 12, 3.1.

C. A doula certificate is valid for three years and may be renewed every three years by applying to the director and paying the applicable fees.

D. A person shall file an application for renewal at least thirty days and not more than ninety days before the date the current doula certificate expires.  A state-certified doula must complete fifteen hours of related continuing education and submit documentation of completion with the renewal application.
A.R.S. § 36-2903.13 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.13
36-2903.13 Inpatient psychiatric treatment; annual report
Status: in_force

36-2903.13. Inpatient psychiatric treatment; annual report

A. On or before January 2, 2020 and each year thereafter, the director of the Arizona health care cost containment system administration shall submit a report to the director of the joint legislative budget committee on the availability of inpatient psychiatric treatment both for adults and for children and adolescents who receive services from the regional behavioral health authorities. The report shall include all of the following information:

1. The total number of inpatient psychiatric treatment beds available and the occupancy rate for those beds.

2. Expenditures on inpatient psychiatric treatment.

3. The total number of individuals in this state who are sent out of state for inpatient psychiatric treatment.

4. The prevalence of psychiatric boarding or holding psychiatric patients in emergency rooms for at least twenty-four hours before transferring the patients to a psychiatric facility.

B. The report shall provide the information specified in subsection A of this section separately for adults who are at least twenty-one years of age and for children and adolescents who are twenty years of age or younger.
A.R.S. § 36-806 — Arizona Code / Title 36 / Chapter 7 / Article 1 / Section 806
36-806 Bodies not subject to disposition under this article
Status: in_force

36-806. Bodies not subject to disposition under this article

A. This article shall not apply:

1. To bodies of persons who have died with smallpox, diphtheria or scarlet fever.

2. If the deceased person during his last illness, without suggestion or solicitation, requested to be buried or cremated.

3. If within twenty-four hours after death or before actual delivery, whichever is longer, a person claiming to be and satisfying the officer in charge of the body that he is of kindred or is related by marriage to the deceased or a duly authorized representative thereof, shall claim the body for burial or cremation or request in writing that it be buried at public expense.

4. If within the time specified in paragraph 3 of this subsection a person claiming to be and satisfying the officer in charge of the body that he is a friend of the deceased, arranges to have the body properly buried or cremated without public expense.

B. Nothing in this article shall be construed to prevent any hospital, duly incorporated college or university or any duly licensed physician, surgeon or dentist from acquiring by gift or otherwise from persons having lawful authority to dispose thereof, the dead body of a human being for the purpose of post mortem examinations, dissection or other scientific use.
A.R.S. § 36-2804.03 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804.03
36-2804.03 Issuance of registry identification cards
Status: in_force

36-2804.03. Issuance of registry identification cards

(Caution:  1998 Prop. 105 applies)

A. Except as provided in subsection B and in section 36-2804.05, the department shall:

1. Verify the information contained in an application or renewal submitted pursuant to this chapter and approve or deny an application or renewal within ten days of receiving a completed application or renewal.

2. Issue a registry identification card to a qualifying patient and his designated caregiver, if any, within five days of approving the application or renewal.  A designated caregiver must have a registry identification card for each of his qualifying patients.

3. Issue each nonprofit medical marijuana dispensary agent a registry identification card and log-in information for the verification system within five days of approving the application or renewal.

B. The department may not issue a registry identification card to a qualifying patient who is under the age of eighteen unless:

1. The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the custodial parent or legal guardian responsible for health care decisions for the qualifying patient.

2. A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from two physicians.

3. The custodial parent or legal guardian with responsibility for health care decisions for the qualifying patient consents in writing to:

(a) Allow the qualifying patient's medical use of marijuana.

(b) Serve as the qualifying patient's designated caregiver.

(c) Control the acquisition of the marijuana, the dosage and the frequency of the medical use of marijuana by the qualifying patient.

C. A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States that allows a visiting qualifying patient to possess or use marijuana for medical purposes in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the department, except that a visiting qualifying patient is not authorized to obtain marijuana from a nonprofit medical marijuana dispensary.
A.R.S. § 36-550.02 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.02
36-550.02 County responsibilities in statewide planning process
Status: in_force

36-550.02. County responsibilities in statewide planning process

A. Each county shall be responsible for developing an individual county profile of existing programs, needs and goals for consideration by the director for inclusion within the statewide plan as required in section 36-550.01.

B. The director, on receipt of the county profile required in subsection A of this section, shall incorporate those portions compatible with the statewide plan, and, in cooperation with the county, modify those portions of the profile determined by the director to be incompatible with the statewide plan.
A.R.S. § 36-2930 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930
36-2930 Prescription drug rebate fund; exemption; definition
Status: in_force

36-2930. Prescription drug rebate fund; exemption; definition

A. The prescription drug rebate fund is established consisting of prescription drug rebate collections, interest from prescription drug rebate late payments and federal monies made available to this state for the operation of the Arizona health care cost containment system prescription drug rebate program. The administration shall administer the fund. Nonfederal monies in the fund are subject to annual legislative appropriation. Federal monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.

B. Monies in the fund shall be used to return the federal share of prescription drug rebate collections and interest from late payments to the centers for medicare and medicaid services by offsetting future federal draws, to pay for the administrative costs of the prescription drug rebate program and as the nonfederal share for payments to contractors or providers in the administration's medical services programs.  The nonfederal share of prescription drug rebate collections and interest from late payments include rebates relating to programs administered by the department of economic security, the department of child safety, the department of health services and other governmental entities that contribute to the nonfederal share for prescription drugs.

C. For the purposes of this section, "administrative costs of the prescription drug rebate program" includes:

1. Payments to the prescription drug rebate vendor.

2. Administrative costs of the administration in support of the prescription drug rebate program.
A.R.S. § 36-3287 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3287
36-3287 Surrogate; mental health care power of attorney
Status: in_force

36-3287. Surrogate; mental health care power of attorney

The provisions of this chapter that relate to the powers and duties of surrogates apply to a mental health care power of attorney.
A.R.S. § 36-2924 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2924
36-2924 Child care and AHCCCS joint program
Status: in_force

36-2924. Child care and AHCCCS joint program

The department of economic security and the Arizona health care cost containment system administration shall establish and, as provided in the empower waiver, maintain a joint program that extends child care for twenty-four months and Arizona health care cost containment system benefits for twelve months beginning October 1, 2002 for current and former recipients of title XIX medicaid under the provisions of Public Law 104-193, section 431 and cash assistance who are employed and meet federal requirements for such transitional benefits as defined in the family support act of 1988 (P.L. 100-485, 42 United States Code section 607).
A.R.S. § 36-2907.11 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.11
36-2907.11 Retaining transplant status
Status: in_force

36-2907.11. Retaining transplant status

A. If during a redetermination process for eligibility pursuant to this article a person who is eligible for a medically necessary and appropriate transplant as determined by the administration pursuant to section 36-2907, subsection A, paragraph 10 is determined ineligible for coverage pursuant to section 36-2901.04 due to excess income or ineligible for coverage pursuant to section 36-2901, paragraph 6, subdivision (a), item (i), (ii) or (iii) and that person has not yet received the transplant, the person may enter into a contract with a hospital to pay the amount of excess income. For purposes of this section, the administration shall compute excess income based on the total spend down requirement for the household divided by the number of persons in the household.  The administration shall recompute excess income pursuant to this section at the time the transplant becomes available.

B. If the hospital enters into the contractual agreement with the person, the hospital shall allow the person to retain the person's transplant candidacy status as long as the person is medically eligible but the person is not eligible for services pursuant to this article unless that person is determined eligible pursuant to subsection D of this section.

C. A person who has extended eligibility pursuant to section 36-2907.10 is not eligible for services pursuant to this section.

D. Once a transplant is scheduled or performed the person shall reapply for eligibility pursuant to section 36-2901, paragraph 6, subdivision (a) and, if a spend down of excess income is necessary in order to be eligible for services pursuant to this article, the administration shall compute this income pursuant to the process specified in subsection A of this section.  If the transplant is performed within thirty days before the date of the eligibility determination, the administration shall pay the hospital on a retroactive basis at the contracted rate for costs of the transplant surgery, including up to one hundred days of posttransplantation care.  The administration shall deduct the amount of excess income that the person has agreed to pay the hospital before payment is made to the hospital for transplant services pursuant to this section. The amount of excess income shall not be recomputed after the date the person becomes eligible pursuant to this section. The administration is not responsible for paying any spend down amount if the person does not pay the hospital. The contracting hospital shall submit a copy of the person's contractual agreement with the hospital to the administration.

E. Eligibility pursuant to this section shall be funded only pursuant to section 36-2907.12.

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

G. If the administration and a hospital that performed a transplant surgery on a person eligible pursuant to this section do not have a contracted rate, the administration shall not reimburse the hospital more than the contracted rate established by the administration.
A.R.S. § 36-2204.01 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2204.01
36-2204.01 Emergency medical services providers; centralized medical direction communications center
Status: in_force

36-2204.01. Emergency medical services providers; centralized medical direction communications center

An ambulance service or emergency medical services provider may provide centralized medical direction through a centralized medical direction communications center.
A.R.S. § 36-550.07 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.07
36-550.07 Community residential treatment system planning grants
Status: in_force

36-550.07. Community residential treatment system planning grants

A. The director may award grants to counties to facilitate the planning of community residential treatment systems for the seriously mentally ill at the local level.  The grants shall be used to compensate personnel for the preparation of a written plan that includes the following information:

1. An estimate of the need for residential treatment services in the area.

2. A survey of all existing residential treatment and day or socialization programs in the area to be served by the system.

3. An identification of those residential treatment programs needed to provide the continuum of residential treatment programs described in this article and strategy to encourage their development.

4. A statement on the relationship of the proposed services to the long-range behavioral health development plans.

5. A financial estimate of the costs for system planning, development and operation.

6. An estimate of the availability of resources, including health manpower and management personnel.

7. An analysis of the availability of alternative, less costly or more effective methods to provide the services.

B. The director shall establish criteria for determining the eligibility of county applicants for community residential treatment system planning grants.  The criteria may include requiring each county applicant to provide local matching monies for community residential treatment system planning. If local matching monies are required, the matching requirement for state monies is seventy-five percent state and twenty-five percent from local or other sources.
A.R.S. § 36-1606 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1606
36-1606 Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction
Status: in_force

36-1606. Consumer fireworks regulation; state preemption; further regulation of fireworks by local jurisdiction

A. The sale and use of permissible consumer fireworks are of statewide concern. The regulation of permissible consumer fireworks pursuant to this article and their sale or use is not subject to further regulation by a governing body, except as follows:

1. In a county with a population of more than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:

(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks within its corporate limits.

(b) Prohibit the sale of permissible consumer fireworks on days other than April 25 through May 6, May 20 through July 6 and December 10 through January 3 of each year and two days before the first day of Diwali through the third day of Diwali each year.

(c) Prohibit the use of permissible consumer fireworks on days other than May 4 through May 6, June 24 through July 6 and December 26 through January 4 of each year and the second and third days of Diwali of each year.

(d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.

(e) Prohibit on all days during a stage one or higher fire restriction the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.

(f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except:

(i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year.

(ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year.

2. In a county with a population of less than five hundred thousand persons, a city or town within its corporate limits or the county within the unincorporated areas of the county may do all of the following:

(a) Regulate, consistent with the standards set forth in NFPA 1124, the sale of permissible consumer fireworks.

(b) Prohibit the sale of permissible consumer fireworks on days other than May 20 through July 6 and December 10 through January 3 of each year. The sale of permissible consumer fireworks may be prohibited on days between May 20 through July 6 and December 10 through January 3 of each year if a federal or state agency implements a stage one or higher fire restriction.  Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.

(c) Prohibit the use of permissible consumer fireworks on days other than June 24 through July 6 and December 26 through January 4 of each year.  The use of permissible consumer fireworks may be prohibited during June 24 through July 6 and December 26 through January 4 of each year if a federal or state agency implements a stage one or higher fire restriction.  Any prohibition during those dates is limited to only the dates when the stage one or higher fire restriction is in place.

(d) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of preservation lands owned by a city or town that has purchased more than fifteen thousand acres of land for preservation purposes.

(e) Prohibit on all days the use of permissible consumer fireworks within a one-mile radius of the border of any municipal or county mountain preserve, desert park, regional park, designated conservation area, national forest or wilderness area.

(f) Prohibit on all days the use of permissible consumer fireworks between the hours of 11:00 p.m. and 8:00 a.m., except:

(i) Between the hours of 11:00 p.m. on December 31 of each year through 1:00 a.m. on January 1 of each year.

(ii) Between the hours of 11:00 p.m. on July 4 of each year through 1:00 a.m. on July 5 of each year.

B. A governing body that chooses to regulate, consistent with the requirements set forth in NFPA 1124 and subsection A of this section, the sale or use of permissible consumer fireworks may not require any additional signage requirements for the sale or use of permissible consumer fireworks other than those signage requirements stipulated in NFPA 1124, except that additional signage that is eight and one-half inches by eleven inches in size, that is on cardstock paper in landscape orientation, that lists the days of that year that are described in subsection A, paragraph 1 of this section relating to the time frame surrounding Diwali and that contains the following language on a contrasting background may be posted by the retail sales display of permissible consumer fireworks:

State of Arizona

Consumer Fireworks Regulations

Arizona Revised Statutes section 36-1601, et al.

The use of permissible consumer fireworks

as defined under state law is allowed:

May 4 - May 6, June 24 — July 6 and December 26 — January 4

The sale of permissible consumer fireworks

as defined under state law is allowed:

April 25 - May 6, May 20 — July 6 and December 10 — January 3

All other fireworks are prohibited, except

as authorized by local fire department permit.

The sale and use of novelties known as snappers (pop-its),

party poppers, glow worms, snakes, toy smoke devices and

sparklers are permitted at all times.

Permissible consumer fireworks may not be sold to

persons under sixteen years of age.

Check with your local fire department for additional

regulations and dates before using.

C. This article does not prohibit the imposition by ordinance of further regulations and prohibitions by a governing body on the sale, use and possession of fireworks other than permissible consumer fireworks. A governing body may not allow or authorize the sale, use or possession of any fireworks in violation of this article.
A.R.S. § 36-596.55 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.55
36-596.55 Community based services
Status: in_force

36-596.55. Community based services

A. The family support program may assist with other community based resources in developing community based services by establishing a program of grants to districts and local agencies and providers, both public and private, and to consumer groups to establish or develop family support services. The family support program may also contract directly with public and private providers and consumer groups to establish community based services programs if they are not readily available.

B. The family support program may provide technical assistance to public and private agencies and to consumer groups that are developing or offering family support services.
A.R.S. § 36-2903.15 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.15
36-2903.15 Peer specialists; qualifications; oversight; training; annual report
Status: in_force

36-2903.15. Peer specialists; qualifications; oversight; training; annual report

A. The administration shall develop and implement processes to monitor its contractors' oversight of peer specialists to ensure that the peer specialists meet qualifications and receive the required supervision and training.

B. Beginning October 1, 2025, in addition to any other qualifications, peer specialists shall complete training that is developed by the administration and that includes psychosis-specific content, including anosognosia.

C. On or before November 1, 2024 and each November 1 thereafter, the administration shall provide an annual report to the governor, the president of the senate and the speaker of the house of representatives on the development, implementation and monitoring processes required by this section.
A.R.S. § 36-2999.51 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.51
36-2999.51 Definitions
Status: in_force

36-2999.51. Definitions

(Rpld. 10/1/31)

In this article, unless the context otherwise requires:

1. "Continuing care retirement community" means an entity that provides nursing facility services and assisted living or independent living services on a contiguous campus that is either registered as a life care facility with the department of insurance and financial institutions or has assisted living and independent living beds in the aggregate that equal at least twice the number of nursing facility beds. For the purposes of this paragraph, "contiguous" means land that adjoins or touches the other property held by the same or a related organization and land divided by a public road.

2. "Fiscal year" means the period beginning on October 1 and ending on September 30.

3. "Medicare resident days" means resident days that are funded by the medicare program, a medicare advantage or special needs plan or the medicare hospice program.

4. "Net patient service revenue" means gross inpatient revenues from services that are provided to nursing facility patients minus reductions from gross inpatient revenue. For the purposes of this paragraph, inpatient revenues from services do not include nonpatient care revenues such as beauty and barber income, vending income, interest and contributions, revenues from the sale of meals and all outpatient revenues.

5. "Nursing facility" means a health care institution that provides inpatient beds or resident beds and nursing services to persons who need nursing services on a continuing basis but who do not require hospital care or direct daily care from a physician.  Nursing facility does not include the Arizona veterans' homes.

6. "Reductions from gross inpatient revenue" includes bad debts, contractual adjustments, uncompensated care, administrative, courtesy and policy discounts, adjustments and other similar revenue deductions.

7. "Resident day" means a calendar day of care provided to a nursing facility resident, including the day of admission and excluding the day of discharge.  Resident day includes a day on which a bed is held for a patient and for which the facility receives compensation for holding the bed.

8. "Upper payment limit" means the limitation established pursuant to 42 Code of Federal Regulations section 447.272 that disallows federal matching funds if a state medicaid agency pays certain classes of nursing facilities an aggregate amount for services that would exceed the amount that would be paid for the same services furnished by that class of nursing facilities under medicare payment principles.
A.R.S. § 36-2061 — Arizona Code / Title 36 / Chapter 18 / Article 4 / Section 2061
36-2061 Definitions
Status: in_force

36-2061. Definitions

In this article, unless the context otherwise requires:

1. "Assistance or activity directed toward recovery from any substance use disorder" includes a supervised, monitored or peer-led environment directed toward recovery from any substance use disorder.

2. "Certifying organization" means an organization that certifies homes as sober living homes and that is affiliated with a national organization approved by the department whose primary function is to improve access to and the quality of sober living residences through standards, education, research and advocacy.

3. "Close friend" means any individual whose close association with the person is the equivalent of a family relationship.

4. "License" means a license issued by the director pursuant to this article.

5. "Medication-assisted treatment" means the use of pharmacological medications that are approved by the United States food and drug administration, in combination with counseling and behavioral therapies, to provide a whole patient approach to treating substance use disorders.

6. "Service or treatment directed toward recovery from any substance use disorder" includes providing or arranging transportation to or from any service, treatment or activity directed toward recovery from any substance use disorder.

7. "Sober living home":

(a) Means any premises, place or dwelling unit, or any person that provides any premises, place or dwelling unit, that may provide verification of abstinence and that does at least one of the following:

(i) Provides alcohol-free and drug-free housing in a supervised, monitored or peer-led environment for individuals who are in recovery or seeking recovery from any substance use disorder.

(ii) Advertises, markets, holds itself out or otherwise implies through any means, including oral, written, electronic or printed means, that it provides or will provide a living environment directed toward recovery from any substance use disorder, including housing that provides or arranges for residents to receive any assistance or activity directed toward recovery from any substance use disorder and housing that arranges for residents to receive any service or treatment directed toward recovery from any substance use disorder.

(b) Does not include:

(i) Any premises, place or dwelling unit that is licensed to provide on-site medical services, behavioral health services or medication administration.

(ii) Any person who provides any premises, place or dwelling unit directed toward recovery from any substance abuse disorder exclusively to residents who are related to the person by affinity or consanguinity of the first or second degree, a person who is a close friend of the person for whom the person serves as a legal guardian, and the person is not operating the premises, place or dwelling unit as a business and does not require, collect or receive any form of compensation for profit from the residents, including insurance or rent.

(iii) Any housing for persons in recovery from substance use disorders that is self-run, self-supported, alcohol and drug free, chartered and monitored by a nationally recognized nonprofit credentialing entity, established in accordance with 42 United States Code section 300x-25 and held to the standards of that nationally recognized nonprofit credentialing entity.

(c) Beginning on the effective date of the rules for licensure adopted pursuant to sections 36-4202 and 36-4204, does not include a transitional housing facility as defined in section 36-4201.
A.R.S. § 36-2809 — Arizona Code / Title 36 / Chapter 28.1 / Section 2809
36-2809 Annual report
Status: in_force

36-2809. Annual report

(Caution:  1998 Prop. 105 applies)

The department shall submit to the legislature an annual report that does not disclose any identifying information about cardholders, nonprofit medical marijuana dispensaries or physicians but contains at least all of the following information:

1. The number of registry identification card applications and renewals.

2. The number of qualifying patients and designated caregivers approved in each county.

3. The nature of the debilitating medical conditions of the qualifying patients.

4. The number of registry identification cards revoked.

5. The number of physicians providing written certifications for qualifying patients.

6. The number of registered nonprofit medical marijuana dispensaries.

7. The number of nonprofit medical marijuana dispensary agents in each county.
A.R.S. § 36-897.06 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.06
36-897.06 Civil penalty; collection
Status: in_force

36-897.06. Civil penalty; collection

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

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

1. Repeated violations of statutes or rules.

2. Patterns of noncompliance.

3. Types of violations.

4. Severity of violations.

5. Potential for and occurrences of actual harm.

6. Threats to health and safety.

7. Number of children affected by the violations.

8. Number of violations.

9. Size of the facility.

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

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

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

E. The department shall develop an instrument that documents compliance and noncompliance of child care group homes according to the criteria prescribed in its rules governing child care group home certification.  Blank copies of the instrument, which shall be in standardized form, shall be made available to the public.
A.R.S. § 36-341 — Arizona Code / Title 36 / Chapter 3 / Article 4 / Section 341
36-341 Fees received by state and local registrars
Status: in_force

36-341. Fees received by state and local registrars

A. The director of the department shall establish the fees to be charged for searches, copies of registered certificates, certified copies of registered certificates, amending registered certificates and correcting certificates that are processed by the department.  The director may establish a surcharge to be assessed on any local registrar who obtains access to the department's vital records automation system. A local registrar may establish the local registrar's own fees to be charged for searches, copies of registered certificates, certified copies of registered certificates, amending registered certificates and correcting certificates as determined necessary by the local entity.

B. In addition to fees collected pursuant to subsection A of this section, the state registrar shall assess an additional one dollar surcharge on fees for all certified copies of registered birth certificates.  The state registrar shall deposit, pursuant to sections 35-146 and 35-147, all monies received from the surcharge in the confidential intermediary and fiduciary fund established by section 8-135.

C. The state registrar shall keep a true and accurate account of all fees collected by the state registrar under this chapter and shall deposit, pursuant to sections 35-146 and 35-147:

1. Eighty-five per cent of the first four million dollars collected each fiscal year in the vital records electronic systems fund established by section 36-341.01 and the remaining fifteen per cent of the first four million dollars collected each fiscal year in the state general fund.

2. Forty per cent of the amount collected in excess of four million dollars each fiscal year in the vital records electronic systems fund established by section 36-341.01 and the remaining sixty per cent in the state general fund.

D. A local registrar shall keep a true and accurate account of all fees collected by the local registrar under this chapter and shall deposit them with the county treasurer to be credited to a special registration and statistical revenue account of the health department fund.

E. In addition to fees collected pursuant to subsection A of this section, the department shall assess an additional one dollar surcharge on fees for all certified copies of registered death certificates.  The department shall deposit, pursuant to sections 35-146 and 35-147, monies received from the surcharge in the child fatality review fund established by section 36-3504.

F. The state and local registrars may exempt an agency as defined in section 41-1001 from any fee required by this section, section 8-135 or section 36-3504.
A.R.S. § 36-2162.01 — Arizona Code / Title 36 / Chapter 20 / Article 2 / Section 2162.01
36-2162.01 Informed consent; reporting requirements
Status: in_force

36-2162.01. Informed consent; reporting requirements

A. A physician in this state who provides informed consent information regarding abortion pursuant to section 36-2153 or performs fetal ultrasound imaging and auscultation of fetal heart tone services pursuant to section 36-2156 or who delegates to a person authorized by section 36-2153 or 36-2156 the duty to provide the information or services required by those sections shall submit to the department of health services on a form prescribed by the department a report that includes the following information:

1. The number of women to whom the physician provided the information described in section 36-2153, subsection A, paragraph 1, and, of those women, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion.

2. The number of women to whom the physician, physician assistant, nurse, psychologist or licensed behavioral health professional provided the information described in section 36-2153, subsection A, paragraph 2, and, of those women, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion, and, of each of those numbers, the number provided by the physician and the number provided by a physician assistant, nurse, psychologist or licensed behavioral health professional.

3. The number of women for whom the physician or qualified person working in conjunction with the physician performed fetal ultrasound imaging and auscultation of fetal heart tone services described in section 36-2156, subsection A, paragraph 1, and, of those numbers, the number provided in the capacity of a referring physician and the number provided in the capacity of a physician who is to perform the abortion, and, of each of those numbers, the number provided by the physician and the number provided by a qualified person working in conjunction with the physician.

4. The number of abortions performed by the physician in which information required by sections 36-2153 and 36-2156 to be provided at least twenty-four hours before the abortion was not provided because a medical emergency compelled the performance of an abortion to avert the woman's death and the number of abortions in which this required information was not provided because a medical emergency compelled the performance of an abortion to avert substantial and irreversible impairment of a major bodily function of the woman.

B. The report may 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.

C. The report shall be signed by the physician who provided to the woman the information required by section 36-2153, subsection A, paragraph 1 or the physician who delegated the duty to another person authorized by law to provide to the woman the information required by section 36-2153, subsection A, paragraph 2 or section 36-2156, subsection A, paragraph 1.  The form may be signed electronically and shall indicate that the physician who signs the report is attesting that the information in the report is correct to the best of the physician's knowledge. The physician must transmit the report to the department within fifteen days after the last day of each reporting month.

D. 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. § 36-2003 — Arizona Code / Title 36 / Chapter 18 / Article 1 / Section 2003
36-2003 Powers and duties
Status: in_force

36-2003. Powers and duties

A. The Arizona health care cost containment system administration may:

1. Accept grants, matching funds and direct payments from public or private agencies for the conduct of programs and activities.

2. Make contracts and incur obligations as are reasonably necessary to perform the duties and functions of addictive behavior services.

3. Employ and specify the duties of administrative, secretarial and clerical assistants, and contract for services of outside consultants, advisors and aides as are necessary to perform such duties and functions.

4. Use funds, facilities and services to provide matching contributions under federal or other programs that further the objectives and programs of the administration.

5. Make such rules as are necessary or desirable to carry out assigned responsibilities.

6. Provide for appropriate programs of treatment and rehabilitation consisting of halfway house treatment centers, detoxification centers, recovery centers and inpatient and outpatient and traveling clinics.

B. The Arizona health care cost containment system administration shall:

1. Provide for and implement a uniform training and educational program for persons who are associated with control of alcohol abuse and drug abuse, prevention, rehabilitation, treatment or enforcement. Only for the purpose of funding such training and educational programs, "alcohol abuse" and "drug abuse" shall be considered to be one and the same.

2. Formulate policies, plans and programs designed to effectuate the purposes of this article.

3. Stimulate and encourage all local, state, regional and federal governmental agencies, and all private persons and enterprises that have similar and related objectives and purposes, and cooperate with such agencies, persons and enterprises and correlate Arizona health care cost containment system plans, programs and operations with those of such agencies, persons and enterprises.

4. Conduct research on the administration's own initiative or at the request of the governor, the legislature or state or local agencies pertaining to any of the section objectives.

5. Provide information and advice on request by local, state and federal agencies and by private citizens and business enterprises on matters within the scope of section activities.

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

7. Provide for an ongoing evaluation of the effectiveness of state and local services in the areas of alcohol and drug abuse prevention, treatment, rehabilitation, education and enforcement.

8. Evaluate and make recommendations on improving the coordination and cooperation between state and local agencies and programs for prevention, treatment, rehabilitation, enforcement and other areas of control of drug abuse and alcohol abuse.

9. Prepare a state plan or state plans to discharge assigned responsibilities. The plan or plans shall include programs for alcohol abuse control and drug abuse control.
A.R.S. § 36-552 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 552
36-552 Developmental disabilities function; expenditure limitation
Status: in_force

36-552. Developmental disabilities function; expenditure limitation

A. The department shall function as the developmental disabilities authority for the state of Arizona.

B. No provisions of this chapter shall be construed to give the department control of lawful activities of other governmental agencies or of activities of the universities or colleges of this state in the field of developmental disabilities, unless by specific contract or agreement therefor.

C. Subject to annual legislative appropriation and other available funding, the department shall provide a wide variety of developmental disability programs and services throughout the state in response to the wide range of developmental disability conditions, the capabilities of persons with developmental disabilities and the presence of other disabling conditions for persons with developmental disabilities.

D. The department may contract with other state agencies and with private agencies to provide the developmental disabilities program or service.

E. The total amount of state monies that may be spent in any fiscal year by the department for developmental disabilities services pursuant to this chapter shall not exceed the amount appropriated or authorized by section 35-173 for that purpose. This chapter 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. § 36-432 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 432
36-432 Urgent care centers; posting requirements
Status: in_force

36-432. Urgent care centers; posting requirements

If a physician licensed pursuant to title 32, chapter 13 or 17 is not on site during working hours at a freestanding urgent care center, as a condition of licensure, the center must post a conspicuous sign stating this fact.  The center must post this sign in the center's patient waiting room in full view of the patients.
A.R.S. § 36-448.52 — Arizona Code / Title 36 / Chapter 4 / Article 9 / Section 448.52
36-448.52 Recovery care centers; licensure
Status: in_force

36-448.52. Recovery care centers; licensure

A. Except as otherwise provided in this article, a recovery care center shall meet the same licensing requirements as prescribed in article 2 of this chapter for health care institutions.

B. A recovery care center that holds an unclassified health care facility license issued before January 1, 1992 may retain that classification until January 1, 1993 subject to its compliance with the laws and rules relating to unclassified health care facilities. Beginning January 1, 1993, these facilities shall comply with the requirements for recovery care centers and applicable rules governing recovery care centers.
A.R.S. § 36-495.11 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.11
36-495.11 Violation; classification
Status: in_force

36-495.11. Violation; classification

A. A person is guilty of a class 3 misdemeanor if he:

1. Operates, maintains, directs or engages in the business of operating an environmental laboratory without a license issued by the department.

2. Knowingly violates a provision of this chapter or a rule adopted pursuant to this chapter.

B. Each day that a violation continues constitutes a separate offense.
A.R.S. § 36-2544 — Arizona Code / Title 36 / Chapter 27 / Article 5 / Section 2544
36-2544 Education; research; public notices
Status: in_force

36-2544. Education; research; public notices

A. The board and department shall cooperate with the department of health services in carrying out educational programs designed to prevent and deter misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. In connection with these programs they may:

1. Promote better recognition of the problems of misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances within the regulated industry and among interested groups and organizations.

2. Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances.

3. Consult with interested groups and organizations to aid them in solving administrative and organizational problems.

4. Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances.

5. Disseminate the results of research on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances to promote a better public understanding of what problems exist and what can be done to combat them.

6. Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances.

B. The board, department and department of health services shall encourage research on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances. In connection with the research, and in furtherance of the enforcement of this chapter and title 13, chapter 34, they may:

1. Establish methods to assess accurately the effects of narcotic drugs, dangerous drugs, marijuana and controlled substances and identify and characterize those with potential for abuse.

2. Make studies and undertake programs of research to:

(a) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this chapter and title 13, chapter 34.

(b) Determine patterns of misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances and the social effects of such misuse and abuse.

(c) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances.

3. Enter into contracts with public agencies, institutions of higher education and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of narcotic drugs, dangerous drugs, marijuana and controlled substances.

C. The board may authorize the possession and distribution of narcotic drugs, dangerous drugs, marijuana and controlled substances for scientific purposes. Persons who obtain this authorization are exempt from state prosecution for possession and distribution of narcotic drugs, dangerous drugs, marijuana and controlled substances to the extent of the authorization.

D. The department shall prescribe the posting of a public notice designed to educate the public regarding the dangers of using anabolic steroids and human growth hormone to deter the illegal use of these drugs. The notice shall cite the laws prohibiting the use of anabolic steroids and human growth hormone and the criminal penalty for their use, distribution, unauthorized prescribing, possession and sale. The department shall require that this notice be displayed prominently in the following locations:

1. High schools, colleges and universities.

2. Professional athletic team facilities.

3. Facilities that offer, promote or provide physical fitness or body building programs to members or clients.
A.R.S. § 36-1940 — Arizona Code / Title 36 / Chapter 17 / Article 4 / Section 1940
36-1940 Audiologists; licensure requirements; fingerprint clearance card; rules
Status: in_force

36-1940. Audiologists; licensure requirements; fingerprint clearance card; rules

A. A person who wishes to be licensed as an audiologist shall:

1. Submit a nonrefundable application fee as prescribed by section 36-1908.

2. Submit evidence satisfactory to the director that the applicant has:

(a) A doctoral degree with an emphasis in audiology from a nationally or regionally accredited college or university in an accredited program consistent with the standards of this state's universities.

(b) Completed supervised clinical rotations in audiology from a nationally or regionally accredited college or university in an accredited program consistent with the standards of this state's universities.

3. Pass an examination pursuant to section 36-1902, subsection G.  The applicant must have completed the examination within three years before the date of application for licensure pursuant to this article.

4. Not have had a license revoked or suspended by a state within the preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.

B. A person who has a doctoral degree in audiology and who wishes to be licensed as an audiologist to fit and dispense hearing aids shall:

1. Submit a nonrefundable application fee as prescribed by section 36-1908.

2. Submit evidence satisfactory to the director that the applicant has:

(a) A doctoral degree with an emphasis in audiology from a nationally or regionally accredited college or university in a program consistent with the standards of this state's universities.

(b) Completed supervised clinical rotations in audiology from a nationally or regionally accredited college or a university in an accredited program that is consistent with the standards of this state's universities.

3. Pass an examination pursuant to section 36-1902, subsection G. The applicant must have completed the examination within three years before the date of application for licensure pursuant to this article.

4. Pass an examination approved by the director in jurisprudence and ethics related to this chapter within six months after initial licensure.  The director shall offer the examination at least four times each calendar year.

5. Not have had a license revoked or suspended by a state within the preceding two years and not be presently ineligible for licensure in any state because of a prior revocation or suspension.

C. A person who wishes to be licensed as an audiologist to fit and dispense hearing aids and who was awarded a master's degree in audiology before December 31, 2007 must:

1. Submit a nonrefundable application fee as prescribed pursuant to section 36-1908.

2. Submit evidence satisfactory to the director that the applicant meets the requirements prescribed in section 36-1940.02, subsection C for a waiver of the educational and clinical rotation requirements of this article.

3. Pass an audiology examination pursuant to section 36-1902, subsection E.  The applicant must have completed the examination within three years before the date of application for licensure pursuant to this article unless the applicant is currently practicing audiology and meets the audiology examination waiver requirements of section 36-1940.02, subsection D.

4. Pass the hearing aid dispenser's examination pursuant to section 36-1924.

5. Not have had a license to practice as an audiologist or hearing aid dispenser revoked or suspended by another state within the preceding two years and not currently be ineligible for licensure in any state because of a prior revocation or suspension.

D. A person who wishes to be licensed as an audiologist and have the privilege to practice pursuant to article 4.1 of this chapter shall obtain a fingerprint clearance card pursuant to section 41-1758.07.

E. The director shall adopt rules prescribing criteria for approved postgraduate professional experience.
A.R.S. § 36-3436.01 — Arizona Code / Title 36 / Chapter 34 / Article 3 / Section 3436.01
36-3436.01 School-based behavioral health services; referrals; requirements; annual report
Status: in_force

36-3436.01. School-based behavioral health services; referrals; requirements; annual report

A. Before a school provides school-based referrals for behavioral health services to a contracted behavioral health services provider either pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona health care cost containment system, the school district governing board or charter school governing body shall adopt policies relating to school-based referrals.  These policies shall be vetted at a public meeting in which the school district governing board or charter school governing body considers any comments submitted by the public before the governing board or governing body adopts the policies.  The school district governing board or charter school governing body shall post the polices adopted pursuant to this section on each applicable school website.  The policies shall include the following:

1. A process to allow a parent to annually opt into the school-based referrals.

2. A process to conduct a survey of parents whose children were referred to and received behavioral health services pursuant to this section.  The survey may be completed online.  The survey shall include at least the following:

(a) Whether the parent opted into the program.

(b) Whether the parent was notified before the referral took place.

(c) Whether the behavioral health services referred were appropriate to meet the student's need.

(d) Whether the parent is satisfied with the choice of behavioral health services providers.

(e) Whether the parent intends to opt into a program again in the following school year.

3. A requirement that each school's website contain a list of behavioral health services providers with whom the school contracts.

B. At the end of each school year, each participating school district and charter school shall report to the administration the school survey results.

C. The administration shall compile a report based on the surveys received from participating school districts and charter schools as well as utilization data for behavioral health services received pursuant to the children's behavioral health services fund established by section 36-3436.  On or before December 31 each year, the administration shall provide the report to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of the report to the secretary of state. The report shall include at least all of the following information:

1. The number of students served.

2. The types of behavioral health services provided.

3. The costs of the behavior health services provided.
A.R.S. § 36-1696 — Arizona Code / Title 36 / Chapter 13 / Article 9 / Section 1696
36-1696 Firefighting foam; prohibited uses; exception; definitions
Status: in_force

36-1696. Firefighting foam; prohibited uses; exception; definitions

A. Beginning January 1, 2020, a person, local government or state agency may not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals unless otherwise required by law or federal regulation.

B. Beginning January 1, 2020, a person, local government or state agency may not discharge or otherwise use for testing purposes class B firefighting foam that contains intentionally added PFAS chemicals unless otherwise required by law or federal regulation or the testing facility has implemented appropriate containment, treatment and disposal measures to prevent uncontrolled releases of firefighting foam into the environment.

C. This section does not restrict the manufacture, sale or distribution of class B firefighting foam that contains intentionally added PFAS chemicals or the discharge or other use of class B firefighting foam in emergency firefighting or fire prevention operations.

D. For the purposes of this section:

1. "Class B firefighting foam" means foam designed to extinguish a fire that involves a flammable liquid.

2. "Local government" includes any county, city, town, fire district or other special district that provides firefighting services.

3. "PFAS chemicals" means perfluoroalkyl and polyfluoroalkyl substances that are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, that are designed to be fully functional in class B firefighting foam formulations and that are used as a firefighting agent.

4. "Testing" includes calibration testing, conformance testing and fixed system testing.
A.R.S. § 36-785 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 785
36-785 Information sharing during an enhanced surveillance advisory
Status: in_force

36-785. Information sharing during an enhanced surveillance advisory

A. During an enhanced surveillance advisory, when a public safety authority learns of a suspicious disease event, or it learns of a threatened bioterrorism act at any time, it shall immediately notify the department or the local health authority, and the agency that receives this information must immediately notify the other agency.

B. When the department or the local health authority identifies a reportable illness or health condition, unusual disease cluster or suspicious disease event that it reasonably believes may be caused by bioterrorism, the department or local health authority must immediately notify at any time the appropriate public safety authority and, if appropriate, tribal health authorities.

C. Sharing of information on reportable illnesses, health conditions, unusual disease clusters or suspicious disease events between public safety and local health authorities is limited to the information necessary to effect the enhanced surveillance advisory and does not include the release of medical records to public safety authorities. Information from which a person might be identified that is received by the department, local health authority or public safety authority in the course of an enhanced surveillance advisory is confidential and not available to the public.
A.R.S. § 36-2521 — Arizona Code / Title 36 / Chapter 27 / Article 3 / Section 2521
36-2521 Rules
Status: in_force

36-2521. Rules

The board may promulgate necessary and reasonable rules relating to the registration and control of the manufacture, distribution and dispensing of controlled substances within this state.
A.R.S. § 36-899 — Arizona Code / Title 36 / Chapter 7.2 / Article 1 / Section 899
36-899 Definitions
Status: in_force

36-899. Definitions

In this chapter, unless the context otherwise requires:

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

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

3. "Hearing evaluation services" means services which include the identification, testing, evaluation and initiation of follow-up services as defined in the rules and regulations of the department, as provided by section 36-899.03.

4. "Hearing screening evaluation" means the evaluation of the ability to hear certain frequencies at a consistent loudness.

5. "Private education program" means all programs of private education offering courses of study for grades, kindergarten through the twelfth grade of high school.

6. "Public education program" means all kindergarten, primary and secondary programs of education within the public school system, including but not beyond the twelfth grade of common or high school.
A.R.S. § 36-907 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 907
36-907 Misleading labeling and advertisements; considerations
Status: in_force

36-907. Misleading labeling and advertisements; considerations

When a food is alleged to be misbranded because the labeling is misleading, or when an advertisement of a food is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be considered, among other things and in addition to representations made or suggested in the labeling or advertising, the extent to which the labeling or advertisement fails to reveal facts material in light of such representations or material with respect to consequences which may result from use of the food under the conditions of use prescribed in the labeling or advertisement or under such conditions of use as are customary or usual.
A.R.S. § 36-3209 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3209
36-3209 Health care directives; conflicts
Status: in_force

36-3209. Health care directives; conflicts

A. If there are conflicts among the provisions of valid health care directives, the most recent directive is deemed to represent the wishes of the patient.

B. Notwithstanding any other law, if there is a conflict between a provision of a valid health care directive, the decision of a patient's agent pursuant to a valid health care power of attorney or the decision of a surrogate decision maker pursuant to section 36-3231 and a health care provider's order, including an order regarding life-sustaining treatment or a similar document, the health care directive, the decision of the patient's agent or the decision of the surrogate decision maker is presumed to represent the decision of the patient.