A.R.S. § 36-463 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 463
36-463 Licensure of laboratories located outside of a health care institution; application; issuance; display; expiration; renewal
Status: in_force

36-463. Licensure of laboratories located outside of a health care institution; application; issuance; display; expiration; renewal

A. Except as otherwise provided pursuant to this article and rules adopted pursuant to this article, a person who desires to operate a clinical laboratory outside of a licensed health care institution shall file with the department an application accompanied by a license application fee prescribed by the director by rule pursuant to section 36-464.

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

1. The name and location of the clinical laboratory.

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

3. A description of the services provided by the clinical laboratory.

4. Other information as the department determines necessary or expedient in carrying out its powers and duties under this article.

C. The department may issue a provisional license to the applicant to operate a clinical laboratory to provide the services described in the application if the department is satisfied that the applicant substantially complies with the provisions of this article and the rules adopted pursuant to this article.

D. A provisional license is valid for no more than six months and may not be renewed.

E. If the owner of a clinical laboratory located outside of a licensed health care institution is not the director of that laboratory the director of the department of health services shall issue a joint license. The owner and the director of the laboratory are severally and jointly responsible to the department for the maintenance and conduct of the laboratory and for any violations of the provisions of this article and rules adopted pursuant to this article. A separate license shall be obtained for each clinical laboratory. A license is valid only for the persons to whom it is issued and shall not be sold or transferred. A license is not valid for any premises other than those for which it is issued.

F. A person may apply for and shall be granted a new license without charge if the licensed laboratory is undergoing a change in location and the director or owner, prior to the actual change, proves to the satisfaction of the department that the change is in compliance with the provisions of this article and rules adopted pursuant to this article. The department must receive the application at least thirty days before the proposed change in location.

G. A regular license is valid for two years and may be renewed on payment of an application for renewal fee prescribed by the director by rule pursuant to section 36-464 if the laboratory is in substantial compliance with this article and rules adopted pursuant to this article.

H. A person who maintains, conducts or operates a clinical laboratory shall display in a prominent place in the clinical laboratory the license issued to him by the department.

I. The department shall maintain a list of laboratories that meet the licensure requirements of this section. The department shall make this list available on request to licensed laboratories, physicians and the public.
A.R.S. § 36-2243 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2243
36-2243 Interagency service agreement
Status: in_force

36-2243. Interagency service agreement

The department may enter into an interagency service agreement with the department of transportation pursuant to section 35-148 to implement the provisions of this chapter.
A.R.S. § 36-545.05 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.05
36-545.05 Treatment by agencies under administration contract; charges; voluntary evaluations; prepetition screenings; court-ordered evaluations; prohibitions
Status: in_force

36-545.05. Treatment by agencies under administration contract; charges; voluntary evaluations; prepetition screenings; court-ordered evaluations; prohibitions

A. When a person is given a prepetition screening, or a court-ordered evaluation by a screening agency or evaluation agency pursuant to article 4 of this chapter, the person shall not be charged.

B. When a person is given a voluntary evaluation pursuant to section 36-522, the person shall pay all or such portion of the established charges as the person can afford.  If the person is indigent, charges may not be made against the person.

C. When a patient is given voluntary treatment pursuant to article 3 of this chapter or court-ordered treatment pursuant to article 5 of this chapter, the patient or proposed patient shall pay all or such portion of the established charges as the patient can afford. If the patient is indigent, no charges shall be made against the patient.
A.R.S. § 36-734 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 734
36-734 Treatment; exemption
Status: in_force

36-734. Treatment; exemption

A. An afflicted person is not required to undergo treatment under this article if that person depends exclusively on prayer or spiritual means for healing in accordance with the tenets and practices of a recognized church or religious denomination and claims an exemption on that ground. The requirements of this article regarding compulsory reporting of tuberculosis disease, exclusion from employment or school, monitoring, examination, isolation and quarantine apply if there is clear and convincing evidence that the person is an afflicted person and is a substantial danger to another person or the community.

B. An afflicted person is not required to submit to any medical treatment or to go to or be confined in any hospital or other medical institution, if the afflicted person can be safely examined, monitored, isolated or quarantined in the afflicted person's home or another place that is suitable to the health of the afflicted person, provides appropriate protection to other persons and the community and is approved by either the department, the tuberculosis control officer or a local health officer.

C. This section does not exempt a person from complying with applicable laws regarding sanitation.
A.R.S. § 36-2221 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2221
36-2221 Trauma center data; requirements; confidentiality; violation; classification
Status: in_force

36-2221. Trauma center data; requirements; confidentiality; violation; classification

A. Trauma centers shall submit to the department a uniform data set for the trauma patient as prescribed by the department. Advanced life support base hospitals that are not trauma centers may also submit this data to the department. The director shall identify the categories of patients who are to be reported as trauma patients under this section.

B. The department shall provide quarterly trauma system data reports to each hospital and designated trauma center submitting data.

C. The department may authorize other persons and organizations to use state trauma registry data:

1. To study the sources and causes of trauma.

2. To evaluate the cost, quality, efficacy and appropriateness of diagnostic, therapeutic, rehabilitative and preventive services and programs that are related to trauma.

D. Information collected by the state trauma registry that can identify an individual is confidential and may be used only pursuant to this section.  A person who discloses confidential information in violation of this section is guilty of a class 3 misdemeanor.
A.R.S. § 36-467 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 467
36-467 Reports by laboratories
Status: in_force

36-467. Reports by laboratories

A laboratory shall make available to the director on request all information that the laboratory is required by rule to keep including personnel records and information and data concerning its operation, quality assurance program, proficiency test program and laboratory procedures. The department may require that this information be under oath, be signed by the owner and director of the laboratory and be available at all times at the laboratory.
A.R.S. § 36-1638 — Arizona Code / Title 36 / Chapter 13 / Article 2.2 / Section 1638
36-1638 Local ordinances
Status: in_force

36-1638. Local ordinances

This article does not supersede any city, town or county ordinance which is equal to or greater than the standards prescribed in this article, nor does this article prohibit a city, town or county from inspecting pursuant to its ordinance.
A.R.S. § 36-2001 — Arizona Code / Title 36 / Chapter 18 / Article 1 / Section 2001
36-2001 Addictive behavior services
Status: in_force

36-2001. Addictive behavior services

The Arizona health care cost containment system administration shall establish services for addictive behavior, including alcohol abuse and drug abuse.
A.R.S. § 36-718 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 718
36-718 Contracting for care of afflicted persons
Status: in_force

36-718. Contracting for care of afflicted persons

The director may contract for the care of any afflicted person. These contracts shall provide that appropriated monies may be used only when monies from medical insurance, if any, of an individual are exhausted or insufficient to purchase the medical or institutional care the afflicted person requires.
A.R.S. § 36-1480 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1480
36-1480 Disposal of property in redevelopment project area
Status: in_force

36-1480. Disposal of property in redevelopment project area

A. A municipality may sell, lease, exchange or otherwise transfer real property or any interest in the property in a redevelopment project area to any redeveloper for residential, recreational, commercial, industrial or other uses or for public use in accordance with the redevelopment plan, subject to covenants, conditions and restrictions as it deems to be in the public interest or to carry out the purposes of this article.  The sale, lease, exchange or other transfer, and any related agreement may be made only after, or subject to, the approval of the redevelopment plan by the local governing body. Real property shall be sold, leased or transferred at its fair value for uses in accordance with the redevelopment plan even though the fair value may be less than the cost of acquiring and preparing the property for redevelopment. In determining the fair value of real property for uses in accordance with the redevelopment plan, a municipality shall take into account and give consideration to the uses and purposes required by the plan, the restrictions upon, and the covenants, conditions and obligations assumed by the redeveloper of the property, the objectives of the redevelopment plan for the prevention of the recurrence of slum or blighted areas, and other matters the municipality specifies as being appropriate.

B. Sale, lease, exchange or other transfer of real property or any interest of the property shall not be made until after public advertising for bids has been made for at least thirty days in a newspaper of general circulation within the municipality and the posting of notices in three or more public places within the municipality. If there is no newspaper within the corporate limits of the municipality, the municipality shall post in three or more public places within the municipality, notices for bidders for the property proposed to be sold.

C. Prior to the consideration of any redevelopment contract proposal, the municipality shall publish the notice at least once a week for two consecutive weeks in a newspaper having a general circulation in the area of operation, invite proposals from and make all pertinent information available to, private redevelopers or any persons interested in carrying out the redevelopment of a slum or blighted area, or any part of a slum or blighted area, which the local governing body has declared to be in need of redevelopment.  The notice shall identify the slum or blighted area, and shall state where any further information available may be obtained. The municipality shall consider all redevelopment proposals and the financial, technical and legal ability of the prospective redevelopers to carry out their proposals and may negotiate with any redevelopers for proposals for the purchase or lease of any real property in the redevelopment project area. The municipality, with the approval of the local governing body, may accept redevelopment contract proposals it deems to be in the public interest and in furtherance of the purposes of this article and may execute the redevelopment contracts in accordance with the provisions of subsection A and deliver deeds, leases and other instruments and take all steps necessary to effectuate the redevelopment contracts. In its discretion, the municipality may, without regard to the provisions of this subsection, dispose of real property in a redevelopment project area to private redevelopers for redevelopment under the reasonable competitive bidding procedures as it prescribes, subject to the provisions of subsection A.

D. A municipality may temporarily operate and maintain real property in a redevelopment project area pending the disposition of the property for redevelopment, without regard to the provisions of subsections A, B and C, for uses and purposes deemed desirable even though not in conformity with the redevelopment plan.  If the real property is not disposed of for redevelopment within one year, the municipality, immediately upon expiration of the one year period, shall remove or demolish all buildings thereon.
A.R.S. § 36-2324 — Arizona Code / Title 36 / Chapter 23 / Article 3 / Section 2324
36-2324 Violation; classification; exclusion from prosecution
Status: in_force

36-2324. Violation; classification; exclusion from prosecution

A. Any physician who intentionally or knowingly violates the prohibition in section 36-2322, subsection B is guilty of a class 6 felony.

B. A pregnant woman on whom an abortion is performed, induced or attempted in violation of section 36-2322 may not be prosecuted for conspiracy to commit any violation of this article.
A.R.S. § 36-218 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 218
36-218 Arizona state hospital charitable trust fund
Status: in_force

36-218. Arizona state hospital charitable trust fund

The Arizona state hospital charitable trust fund is established consisting of monies collected from contracts and lease agreements entered into pursuant to section 36-136, subsection C. The director shall administer the fund.  Monies in the fund are continuously appropriated and may be spent for the benefit of persons with mental illness in this state.  Monies in the fund do not revert to the state general fund at the end of a fiscal year.
A.R.S. § 36-860 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 860
36-860 County medical examiners; authorization
Status: in_force

36-860. County medical examiners; authorization

A. The medical examiner or individual legally delegated that authority may release and permit the removal of a part from or all of a body within the custody of that official for transplantation, therapy, research or education pursuant to title 11, chapter 3, article 12 if the part is the subject of an anatomical gift and:

1. A request has been received from a procurement organization.

2. The organ procurement organization has made a reasonable effort, taking into account the useful life of the part, to locate and examine the decedent's medical records and, if the decedent has not executed a document of gift or has not refused to make an anatomical gift, inform persons listed in section 36-848, subsection A, of the person's option to make or object to making an anatomical gift.

3. The official does not know of a refusal by the decedent or an objection by a person having priority to act as listed in section 36-848, subsection A.

4. The removal will be by a physician, surgeon or trained technician.

5. The removal will be in accordance with accepted medical standards.

6. The removal will not interfere with any death investigation.

7. Cosmetic restoration will be done, if appropriate.

B. An official who releases and permits the removal of a part shall maintain a permanent record of the name of the decedent, the person making the request, the date and purpose of the request, the part requested and the person to whom it was released.
A.R.S. § 36-897.02 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.02
36-897.02 Standards of care; monitoring
Status: in_force

36-897.02. Standards of care; monitoring

A. The department by rule shall establish standards of care for child care group homes. These rules shall include minimum programmatic, personnel, supervision of children, training, physical environment and financial stability standards.

B. At least two adults shall be present in the child care group home when six to ten children are cared for in the home.

C. For purposes of certification of the child care group home, the provider's own children shall not be counted.

D. The total number of children present in a child care group home at any given time for whom compensation is received shall not exceed ten.

E. The total number of children present in a child care group home at any given time, including children related to the provider, shall not exceed fifteen.

F. The department shall monitor the operation of a child care group home at least two times each year to ensure that the child care group home is meeting department standards of care.
A.R.S. § 36-3505 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3505
36-3505 Protocols
Status: in_force

36-3505. Protocols

A. The department of health services shall establish protocols for death scene investigations of apparent natural infant deaths.  In developing the protocols the department shall consider guidelines established by national infant death organizations.

B. At a minimum the protocols shall:

1. Include recommended procedures for all first responders, law enforcement agencies and local social services agencies to follow in response to apparent natural infant death.

2. Recommend that in the course of an investigation of an apparent natural infant death, the scene where the infant was found should be examined even if the infant's body was transported to a hospital and pronounced dead at a hospital.

3. Recommend that during the investigation of an apparent natural infant death, investigators should use their skills and knowledge to determine the cause of death while keeping in mind the need for compassion and sensitivity for the parents and caregivers.
A.R.S. § 36-2907.04 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.04
36-2907.04 Family planning services
Status: in_force

36-2907.04. Family planning services

A woman whose eligibility under section 36-2901, paragraph 6, subdivision (a), item (ii) ended no earlier than March 1, 1995 and who is not otherwise enrolled in the system is eligible to receive voluntary family planning services for two years, if approval of the waiver requesting family planning services pursuant to this section is approved by the United States department of health and human services. This two year period begins on the first day following the end of that woman's sixty day federal eligibility period that begins on the last day of her pregnancy. Family planning services under this section are limited to those available pursuant to section 36-2907, subsection A, paragraph 8.
A.R.S. § 36-2905.08 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905.08
36-2905.08 Nicotine replacement therapies; tobacco use medications
Status: in_force

36-2905.08. Nicotine replacement therapies; tobacco use medications

A. Notwithstanding section 36-2989, for contract years beginning October 1, 2008, the administration may expend monies to provide nicotine replacement therapies and tobacco use medications to members eligible pursuant to this article or article 2 or 3 of this chapter.

B. The administration shall not use monies from the state general fund for the purposes of this section.
A.R.S. § 36-1321 — Arizona Code / Title 36 / Chapter 11.2 / Article 1 / Section 1321
36-1321 Definitions
Status: in_force

36-1321. Definitions

In this article, unless the context otherwise requires:

1. "Discriminate" means taking or threatening any adverse action, including any of the following:

(a) Termination of employment.

(b) Transfer from current position.

(c) Demotion from current position.

(d) Adverse administrative action.

(e) Reassignment to a different shift or job title.

(f) Increased administrative duties.

(g) Refusal of staff privileges.

(h) Refusal of board certification.

(i) Reduction of wages, benefits or privileges.

(j) Refusal to award a grant, contract or other benefit.

(k) Refusal to provide residency training opportunities.

(l) Denial, suspension or revocation of a license.

(m) Impediments to creating, expanding or improving a health care entity.

(n) Impediments to acquiring or associating or merging with any other health care entity.

(o) Any other penalty or disciplinary or retaliatory action.

2. "Health care entity" means any of the following or an employee of any of the following:

(a) A health care institution as defined in section 36-401.

(b) A health professional as defined in section 32-3201.

(c) A health care services organization as defined in section 20-1051.

(d) A hospital service corporation or medical service corporation as defined in section 20-822.

(e) An accountable health plan as defined in section 20-2301.

3. "Person" includes this state and any agency or political subdivision of this state.
A.R.S. § 36-430 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 430
36-430 Unlicensed operation prohibited; injunction
Status: in_force

36-430. Unlicensed operation prohibited; injunction

The operation or maintenance of a health care institution which does not hold a current and valid license or which exceeds the range of the services authorized by the class or subclass for which it is licensed is a violation of this chapter and is declared a nuisance inimical to the public health and safety. The director, in the name of the people of the state, through the attorney general, may bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such health care institution until substantial compliance with the provisions of this chapter and the rules and regulations and standards adopted pursuant thereto is obtained.
A.R.S. § 36-2856 — Arizona Code / Title 36 / Chapter 28.2 / Section 2856
36-2856 Smart and safe Arizona fund; disposition of monies; exemption
Status: in_force

36-2856. Smart and safe Arizona fund; disposition of monies; exemption

(Caution:  1998 Prop. 105 applies)

A. The smart and safe Arizona fund is established consisting of all monies deposited pursuant to sections 36-2853, 36-2854, 36-2859, 42-5452 and 42-5453, private donations and interest earned on those monies.  Monies in the fund are continuously appropriated. Monies in the fund and its accounts may not be transferred to any other fund except as provided in this section, do not revert to the state general fund and are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.  The state treasurer shall administer the fund.

B. All monies in the smart and safe Arizona fund must first be spent, and the state treasurer shall transfer monies from the fund, to pay:

1. The actual reasonable costs incurred by the department to implement, carry out and enforce this chapter and rules adopted pursuant to this chapter.

2. The actual reasonable costs incurred by the department of revenue to impose and enforce the tax authorized and levied by section 42-5452.

3. The actual reasonable costs incurred by the supreme court and the department of public safety to process petitions for expungement and expungement orders pursuant to section 36-2862 and to otherwise implement section 36-2862.

4. The actual reasonable costs incurred by the state treasurer to administer the fund.

5. Any other mandatory expenditure of state revenues required by this chapter to implement or enforce the provisions of this chapter.

C. The state treasurer may prescribe forms necessary to make transfers from the smart and safe Arizona fund pursuant to subsection B of this section.

D. On or before June 30 and December 31 of each year, the state treasurer shall transfer all monies in the smart and safe Arizona fund in excess of the amounts paid pursuant to subsection B of this section as follows:

1. Thirty-three percent to community college districts and provisional community college districts, but not to community college tuition financing districts established pursuant to section 15-1409, for the purposes of investing in and providing workforce development programs, job training, career and technical education, and science, technology, engineering and mathematics programs, as follows:

(a) Fifteen percent of the thirty-three percent divided equally between each community college district.

(b) One-half of one percent of the thirty-three percent divided equally between each provisional community college district, if one or more provisional community college districts exist.

(c) The remainder to community college districts and provisional community colleges districts in proportion to each district's full-time equivalent student enrollment percentage of the total statewide audited full-time equivalent student enrollment in the preceding fiscal year prescribed in section 15-1466.01.

2. 31.4 percent to municipal police departments, municipal fire departments, fire districts and joint powers authorities established pursuant to title 48, chapter 5 and county sheriffs' departments in proportion to the number of members as defined in section 38-842 for each such agency in the public safety personnel retirement system established by title 38, chapter 5, article 4 and the public safety personnel defined contribution retirement plan established pursuant to title 38, chapter 5, article 4.1, for personnel costs.

3. 25.4 percent to the Arizona highway user revenue fund established by section 28-6533.

4. Ten percent to the justice reinvestment fund established by section 36-2863.

5. 0.2 percent to the attorney general to use to enforce this chapter or to grant to localities to enforce this chapter.

E. The monies transferred and received pursuant to this section:

1. Are in addition to any other appropriation, transfer or other allocation of monies and may not supplant, replace or cause a reduction in other funding sources.

2. Are not considered local revenues for the purposes of article IX, sections 20 and 21, Constitution of Arizona.
A.R.S. § 36-3413 — Arizona Code / Title 36 / Chapter 34 / Article 1 / Section 3413
36-3413 Grievance and appeal process
Status: in_force

36-3413. Grievance and appeal process

A. The administration shall require all regional behavioral health authorities to establish and implement a grievance and appeal process for use by service providers and by individuals receiving and requesting services. The administration shall stipulate any required elements of the process in the request for proposal issued to solicit bids from entities that wish to become a regional behavioral health authority.

B. The process shall be as prescribed in title 41, chapter 6, article 10, subject to the exceptions in section 36-2903.01, subsection B, paragraph 4 and rules adopted by the director, for grievances and appeals filed by regional behavioral health authorities and by service providers and individuals receiving and requesting services that have already exhausted the regional behavioral health authority grievance and appeal process.  In the case of individuals receiving behavioral health services by a service provider that has contracted directly with the administration instead of through a regional behavioral health authority, the administration's grievance and appeal process is considered the primary process.
A.R.S. § 36-3613 — Arizona Code / Title 36 / Chapter 36.1 / Article 1 / Section 3613
36-3613 Scope of article
Status: in_force

36-3613. Scope of article

This article applies to the practice of teledentistry within this state.  This article does not expand, reduce or otherwise amend the licensing requirements of title 32, chapter 11 for dentists or dental providers.
A.R.S. § 36-337 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 337
36-337 Amending birth certificates
Status: in_force

36-337. Amending birth certificates

A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following:

1. Except as provided in subsection D of this section, an adoption certificate or a court order for adoption required pursuant to section 36-336.

2. A voluntary acknowledgment of paternity pursuant to section 25-812.

3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian.

(b) A written statement by a physician that verifies the sex change operation or chromosomal count.

4. A court order ordering an amendment to a birth certificate.

B. The state registrar shall change the name of the father on a registered birth certificate if:

1. The state registrar receives an administrative order or a court order ordering the state registrar to change the father's name on the registered birth certificate.

2. Paternity is established through a voluntary acknowledgement of paternity pursuant to section 25-812.

C. If a registered birth certificate does not exist for a person born in this state who is requesting to amend a birth certificate the person making that request shall comply with the requirements established by rule.

D. The state registrar shall retain the information on a person's registered birth certificate after the person's adoption if all of the following documents are submitted to the state registrar:

1. A written request to retain the information signed by the adoptive parent or a court order containing a request to retain the information on the registered birth certificate.

2. A written statement agreeing to retain the mother's name on the person's registered birth certificate, signed by the mother, or if the mother is deceased, a certified copy of a registered death certificate for the mother.

3. If there is a father's name stated on the registered birth certificate, a written statement agreeing to retain the father's name on the person's registered birth certificate, signed by the father, or if the father is deceased, a certified copy of a registered death certificate for the father.

E. If the state registrar amends a registered birth certificate following adoption, the birth certificate shall state the city or county of birth stated on the existing registered birth certificate and the date of birth stated on the existing registered birth certificate.  The state registrar may omit the exact location of birth on the registered birth certificate.

F. If a local registrar or deputy local registrar amends a registered birth certificate, the local registrar or deputy local registrar shall forward all evidentiary documents provided to create the new birth certificate to the state registrar.

G. If the state registrar amends a registered birth certificate, the state registrar shall seal the previously registered birth certificate and the evidentiary documents provided to amend the registered birth certificate. The state registrar shall provide access to a sealed certificate or evidentiary documents only pursuant to section 36-322 or 36-340 or a court order issued in this state or as prescribed by rule.

H. If the state registrar receives a court order annulling an adoption, the state registrar shall unseal the sealed registered birth certificate and shall seal the new birth certificate and evidentiary documents.
A.R.S. § 36-2206 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2206
36-2206 Immunity; emergency instructions
Status: in_force

36-2206. Immunity; emergency instructions

A. Any health care provider licensed or certified to practice in this state who in good faith gives emergency instructions to emergency medical care technicians at the scene of an emergency is not liable for any civil damages as a result of issuing those instructions.

B. Any emergency medical services or health care provider who in good faith provides prearrival instructions following the minimum standards established by the state pursuant to section 36-2204, paragraph 9 is not liable for any civil damages as a result of issuing these instructions.
A.R.S. § 36-797 — Arizona Code / Title 36 / Chapter 6 / Article 12 / Section 797
36-797 Definitions
Status: in_force

36-797. 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. "HIV" means the human immunodeficiency virus.
A.R.S. § 36-3295 — Arizona Code / Title 36 / Chapter 32 / Article 7 / Section 3295
36-3295 Registry information; confidentiality; health care provider access; use and transfer of information; definition
Status: in_force

36-3295. Registry information; confidentiality; health care provider access; use and transfer of information; definition

A. Information maintained by the qualifying health information exchange organization pursuant to this article is confidential and shall not be disclosed except as allowed by state or federal law.

B. The person who submits a document described in section 36-3292, the person who is the subject of the document and the surrogate of the person who is the subject of the document may access the document in the health care directives registry in a manner prescribed by the qualifying health information exchange organization.

C. Notwithstanding subsection A of this section, a health care provider may access the health care directives registry and receive a patient's health care directive documents for the provision of health care services.

D. The qualifying health information exchange organization shall use information contained in the registry only for purposes prescribed in this article, except that the qualifying health information exchange organization may use, disclose and make accessible the information contained in the registry through the health information organization as authorized by section 36-3805, subsection A.

E. At the request of the person who submitted a document described in section 36-3292, the qualifying health information exchange organization may transmit the information received regarding the document to the registry system of another jurisdiction.

F. For the purposes of this section, "health care provider" includes an emergency medical service provider and emergency service technician providing emergency medical services as defined in section 36-2201 and the organ procurement organization that maintains the donor registry established pursuant to section 36-858.
A.R.S. § 36-808 — Arizona Code / Title 36 / Chapter 7 / Article 1 / Section 808
36-808 Violation; classification
Status: in_force

36-808. Violation; classification

A person who with criminal negligence refuses or fails to perform a duty imposed upon him by the provisions of this article or by rules and regulations of the director is guilty of a petty offense.
A.R.S. § 36-102 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 102
36-102 Department of health services; director; appointment; compensation
Status: in_force

36-102. Department of health services; director; appointment; compensation

A. There is established a department of health services.

B. The direction, operation and control of the department are the responsibility of the director.

C. The director shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. The director shall be a person who has:

1. Administrative experience in the private sector, with progressively increasing responsibilities.

2. An educational background that prepares the director for the administrative responsibilities assigned to the position.

3. Health related experience which insures familiarity with the peculiarities of health problems.

D. Compensation for the director shall be established pursuant to section 38-611.
A.R.S. § 36-3902 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3902
36-3902 Application for license; issuance; posting
Status: in_force

36-3902. Application for license; issuance; posting

A. The department of health services is authorized and directed to issue licenses for the operation of children's camps: No children's camp shall be operated without first obtaining such a license.

B. On or before May 1 annually, every person operating or seeking to operate a children's camp shall make application in writing to the department of health services for a license to conduct a children's camp. The application shall be in such form and shall contain such information as the department of health services finds necessary to determine that the children's camp will be operated and maintained in accordance with the standards prescribed by this chapter.

C. Where a person operates or is seeking to operate more than one children's camp, a separate application shall be made, and license obtained, for each camp.

D. The license shall be posted in a conspicuous place on the premises occupied by each camp.
A.R.S. § 36-3808 — Arizona Code / Title 36 / Chapter 38 / Article 1 / Section 3808
36-3808 Civil litigation subpoenas; certification requirements
Status: in_force

36-3808. Civil litigation subpoenas; certification requirements

A. Except as otherwise provided in state or federal law, individually identifiable health information that is accessible through a health information organization is not subject to a civil litigation subpoena directed to the health information organization unless section 12-2294.01 is followed and a court has determined on motion and notice to the health information organization and the parties to the civil litigation in which the subpoena is served that the information sought from the health information organization is not available from the original source and either is relevant to the subject matter involved in the pending civil action or is reasonably calculated to lead to the discovery of admissible evidence in the pending action.

B. A person who issues a civil litigation subpoena to the health information organization pursuant to this section must certify before the issuance of the civil litigation subpoena that the requirements of subsection A of this section have been met.
A.R.S. § 36-581 — Arizona Code / Title 36 / Chapter 5.1 / Article 2 / Section 581
36-581 Definitions
Status: in_force

36-581. Definitions

In this article, unless the context otherwise requires:

1. "Developmental disability" means autism, cerebral palsy, epilepsy or a cognitive disability.

2. "Residential facility" means a community residential setting in which persons with developmental disabilities live and that is licensed, operated, supported or supervised by the department.
A.R.S. § 36-1402 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1402
36-1402 Legislative finding and declaration of necessity
Status: in_force

36-1402. Legislative finding and declaration of necessity

A. It is declared that:

1. Unsanitary or unsafe dwelling accommodations exist in the various cities, towns and counties of the state and that persons of low income are required to reside in such unsanitary or unsafe accommodations.

2. Within these cities, towns and counties there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that they are forced to occupy overcrowded and congested dwelling accommodations.

3. The conditions specified by paragraphs 1 and 2 cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values.

4. These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities.

5. These areas cannot be cleared, developed or rehabilitated and the shortage of safe and sanitary dwellings for persons of low income cannot be relieved solely through the operation of private enterprise, and that development of housing projects for persons of low income as provided by this article will therefore not be competitive with private enterprise.

6. The clearance, planning, design and reconstruction of areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired by purchase, condemnation or other legal means, and that such activities are governmental functions of state concern.

7. It is in the public interest that work on projects for such purposes be commenced as soon as possible to relieve the affordable housing shortage that now constitutes an emergency.

B. The necessity in the public interest for the provisions of this article is declared as a matter of legislative determination.
A.R.S. § 36-2995 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2995
36-2995 Children's health insurance program fund; sources of monies; use; reversion; claims
Status: in_force

36-2995. Children's health insurance program fund; sources of monies; use; reversion; claims

A. The children's health insurance program fund is established.  The administration shall administer the fund and shall use fund monies to pay administrative and program costs associated with the operation of the program established by this article.

B. Separate accounting shall be made for each source of monies received pursuant to subsection C of this section for expenses and income activity associated with the program established pursuant to this article.

C. Monies in the fund are comprised of:

1. Federal monies available to this state for the operation of the program.

2. Tobacco tax and state general fund monies appropriated as state matching monies.

3. Gifts, donations and grants from any source.

4. Interest paid on monies deposited in the fund.

5. Third party liability recoveries.

D. If a gift, a donation or a grant of over ten thousand dollars received from any private source contains a condition, the administration shall first meet with the joint legislative study committee on the integration of health care services to review the condition before it spends that gift, donation or grant.

E. All monies in the fund other than monies appropriated by this state do not lapse.

F. Monies appropriated from the medically needy account of the tobacco tax and health care fund are exempt from section 35-190 relating to lapsing of appropriations.  Notwithstanding section 35-191, subsection B, the period for administrative adjustments extends for only six months for appropriations made for administration covered services.

G. Notwithstanding sections 35-190 and 35-191, all approved claims for system covered services presented after the end of the fiscal year in which they were incurred shall be paid either in accordance with this section or in the current fiscal year with the monies available in the funds established by this section.

H. Claims for covered services that are determined to be valid by the director and the grievance and appeal procedure shall be paid from the children's health insurance program fund.

I. All payments for claims from the children's health insurance program fund shall be accounted for by the administration by the fiscal year in which the claims were incurred, regardless of the fiscal year in which the payments were made.

J. Notwithstanding any other law, county owned or contracted providers and special health care district owned or contracted providers are subject to all claims processing and payment requirements or limitations of this chapter that are applicable to noncounty providers.
A.R.S. § 36-592 — Arizona Code / Title 36 / Chapter 5.1 / Article 3 / Section 592
36-592 Adult developmental homes; child developmental homes; licensure requirements; inspections; investigations; third-party contractors; rules; definitions
Status: in_force

36-592. Adult developmental homes; child developmental homes; licensure requirements; inspections; investigations; third-party contractors; rules; definitions

A. An adult developmental home or child developmental home shall be licensed pursuant to this article.

B. An applicant for an adult developmental home or child developmental home license shall submit an application on a form prescribed by the department.

C. Before issuing or renewing a license to an applicant, the department shall investigate the activities and standards of care within the setting, the financial stability of the applicant, the character and training of the applicant and the adequacy of services.  Before issuing or renewing a license, the department shall determine that the applicant is able to meet the emotional, physical, social, developmental, educational, cultural and intellectual needs of clients. The department by rule shall establish standards for licensure.  The department shall maintain a system of independent oversight of licensing. The department may contract with third parties to perform services in connection with oversight and licensing. The department may not contract with the same third party for both oversight and licensure under this subsection.

D. Each license shall state in general terms the kind of setting the licensee is authorized to operate and shall prescribe the number, ages and sex of clients.

E. A licensee that holds an adult developmental home or child developmental home license shall:

1. Comply with applicable health, safety and sanitation codes or standards and document its compliance.

2. File reports as prescribed by the department.

3. Allow the department to inspect or monitor its services and facility and the facility's books and records.

4. Comply with rules adopted by the department.

5. Provide for the health, safety and welfare of the licensee's clients.

6. Allow the inspection of the developmental home at reasonable times pursuant to section 36-595.01.

F. A license expires one year from the date of issuance.

G. For each adult developmental home and child developmental home, the department shall:

1. Annually visit and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. The department shall take any action it deems necessary to carry out the duties imposed by this section, including denying the application for licensure and suspending or revoking the home's license.

2. Monitor the settings for compliance with health, safety, contractual, programmatic and quality assurance standards at least two times per year. The department shall maintain a system of independent oversight of monitoring. The department may enter into a contract with third parties to perform services in connection with oversight and monitoring. The department may not contract with the same third party for both oversight and monitoring under this paragraph.

3. Investigate a complaint within ten working days after receiving notice of the complaint, except that if there is a danger to a client, the department shall conduct the investigation immediately.

4. Notify the parent or guardian of a developmental home resident of any serious incident or complaint at the developmental home involving the client for whom the parent or guardian is responsible.

H. The department shall establish by rule minimum qualifications, responsibilities and oversight for licensing and monitoring adult developmental homes and child developmental homes.  The rules regarding minimum qualifications shall address professional judgment, conflicts of interest and training. The rules shall establish the frequency and type of visits for licensing and monitoring, maximum caseload ratios for those performing licensing and monitoring services and a system for appropriate public access to information regarding licensing and monitoring findings.

I. The department may contract with the same third party to perform services in connection with licensing and monitoring an adult developmental home or a child developmental home.

J. For the purposes of this section:

1. "Licensing" includes recruiting and verifying qualifications of applicants.

2. "Monitoring" includes monitoring health, safety, contractual, programmatic and quality assurance standards of an adult developmental home or child developmental home.
A.R.S. § 36-147 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 147
36-147 Annual expenditure report; medical marijuana fund; justice reinvestment fund
Status: in_force

36-147. Annual expenditure report; medical marijuana fund; justice reinvestment fund

On or before July 1 of each year, the department shall submit to the joint legislative budget committee an expenditure report for the preceding fiscal year on monies transferred to the department from the medical marijuana fund pursuant to section 36-2817 and monies transferred to the department from the justice reinvestment fund pursuant to section 36-2863. The report shall include expenditures by program and a list of grants distributed by the department. The department shall indicate when all monies from transfers made pursuant to section 36-2817 have been spent.
A.R.S. § 36-765.01 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765.01
36-765.01 Application for certificate; certification; renewal
Status: in_force

36-765.01. Application for certificate; certification; renewal

A. A person may apply to the director for a certificate to practice as a certified community health worker on a form prescribed by the director and shall furnish information required by the director.

B. The director shall grant a community health worker certificate to a person who meets the qualifications prescribed by this article and rules adopted pursuant to this article and who pays the applicable fees.

C. A certificate is valid for two years and may be renewed once every two 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 sixty days before the expiration date of the current certificate.
A.R.S. § 36-2219 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2219
36-2219 Emergency medical care technicians; requirements; transportation
Status: in_force

36-2219. Emergency medical care technicians; requirements; transportation

A. An emergency medical care technician shall comply with either emergency medical standards and protocols established by the regional council or the medical direction for the local jurisdiction when considering emergency transport, including the appropriate use of telecommunications.

B. An emergency medical care technician may not do either of the following:

1. Provide a patient with a presumptive medical diagnosis and use that medical diagnosis as the basis for counseling the patient to decline emergency medical services transportation.

2. Counsel a patient to decline emergency medical services transportation, except as part of a specific alternate destination or treat-and-refer program that includes quality management and comprehensive medical direction oversight.

C. An emergency medical care technician shall explain to a patient the risks and consequences to the patient's health of not being transported.

D. It is not a violation of this section for an emergency medical care technician to inform a patient of the patient's right to accept or decline emergency medical services transportation, unless the emergency medical care technician does so in an effort to coerce the patient to decline emergency medical services.
A.R.S. § 36-760 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 760
36-760 Persons and acts not affected by this article
Status: in_force

36-760. Persons and acts not affected by this article

The provisions of this article do not apply to a person who provides information and support in preparation for a normal labor and delivery and assists in the delivery of a baby if that person does not do the following:

1. Advertise as a midwife or as a provider of midwife services.

2. Accept any form of compensation for midwife services.

3. Use any words, letters, signs or figures to indicate that the person is a midwife.
A.R.S. § 36-899.04 — Arizona Code / Title 36 / Chapter 7.2 / Article 1 / Section 899.04
36-899.04 Parent, guardian may refuse test
Status: in_force

36-899.04. Parent, guardian may refuse test

No child shall be required to submit to any test required by this chapter if a parent or guardian of the child objects and submits a statement of such objection to the agency administering such hearing evaluation services.
A.R.S. § 36-275 — Arizona Code / Title 36 / Chapter 2 / Article 4 / Section 275
36-275 Health research fund
Status: in_force

36-275. Health research fund

A. The health research fund is established.  Notwithstanding any law to the contrary, the department shall deposit, pursuant to sections 35-146 and 35-147, all monies it administers pursuant to section 36-773 into the health research fund.  The department shall administer the fund.

B. Except as provided by section 36-276, the department shall only expend monies in the health research fund for research on the prevention and treatment of tobacco related disease and addiction and research into the causes, epidemiology and diagnosis of diseases, the formulation of cures, the medically accepted treatment or the prevention of diseases including new drug discovery and development, and may include behavioral studies and attitude assessments, and for expenses incurred by the department in carrying out the purposes described in section 36-773.

C. Monies in the health research fund are exempt from section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-781 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 781
36-781 Definitions
Status: in_force

36-781. Definitions

In this article, unless the context otherwise requires:

1. "Bioterrorism" means the intentional use of any microorganism, virus, infectious substance or biological product that may be engineered as a result of biotechnology or any naturally occurring or bioengineered component of any microorganism, virus, infectious substance or biological product, to cause or attempt to cause death, disease or other biological malfunction in humans.

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

3. "Health care provider" has the same meaning prescribed in section 12-2291.

4. "Local health authority" means a county health department or public health services district or any person authorized to act on behalf of the county health department or public health services district.

5. "Public safety authority" means the department of public safety, a local law enforcement agency or a person authorized to act on behalf of the department of public safety or local law enforcement agency.
A.R.S. § 36-3601 — Arizona Code / Title 36 / Chapter 36 / Article 1 / Section 3601
36-3601 Definitions
Status: in_force

36-3601. Definitions

For the purposes of this chapter:

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

2. "Health care provider":

(a) Means a person licensed pursuant to title 32, chapter 7, 8, 13, 14, 15, 15.1, 16, 17, 18, 19, 19.1, 25, 28, 29, 33, 34, 35, 39, 41 or 42, or chapter 4, article 6 of this title, chapter 6, article 7 of this title or chapter 17 of this title.

(b) Includes:

(i) A health care institution licensed pursuant to chapter 4 of this title.

(ii) A person who holds a training permit pursuant to title 32, chapter 13 or 17.

3. "Health care provider regulatory board or agency" means a board or agency that regulates one or more health care provider professions in this state.

4. "Telehealth" means:

(a) The interactive use of audio, video or other electronic media, including asynchronous store-and-forward technologies and remote patient monitoring technologies, for the practice of health care, assessment, diagnosis, consultation or treatment and the transfer of medical data.

(b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status, the patient's lack of technology or telecommunications infrastructure limits, as determined by the health care provider.

(c) Does not include the use of a fax machine, instant messages, voice mail or email.
A.R.S. § 36-4011 — Arizona Code / Title 36 / Chapter 40 / Article 1 / Section 4011
36-4011 Findings
Status: in_force

36-4011. Findings

A finding made by the court pursuant to this article is inadmissible in any proceeding other than a proceeding under this article, under title 13, chapter 41 or under chapter 5 of this title.
A.R.S. § 36-2244 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2244
36-2244 Legal action for enforcement
Status: in_force

36-2244. Legal action for enforcement

The department may institute and maintain in the name of this state an action to enforce this article or any rule adopted pursuant to this article by mandatory injunction or other appropriate remedy.
A.R.S. § 36-313 — Arizona Code / Title 36 / Chapter 3 / Article 2 / Section 313
36-313 Deputy local registrars; compensation
Status: in_force

36-313. Deputy local registrars; compensation

A. A deputy local registrar shall receive from the county general fund in that registration district one dollar for each birth certificate, death certificate or fetal death certificate registered by the deputy local registrar and submitted to the state registrar pursuant to this chapter and rules adopted pursuant to this chapter.

B. At least quarterly the state registrar shall provide written notification to the clerk of the board of supervisors in each registration district that specifies the number of birth certificates, death certificates and fetal death certificates registered by the deputy local registrar prescribed in subsection A and the amount of compensation the deputy local registrar is entitled to for the period pursuant to this section.
A.R.S. § 36-2235 — Arizona Code / Title 36 / Chapter 21.1 / Article 2 / Section 2235
36-2235 Terms of certificates of necessity; initial term; renewal
Status: in_force

36-2235. Terms of certificates of necessity; initial term; renewal

A. The initial certificate of necessity issued pursuant to section 36-2233 to each ambulance service shall be for a term of one year.

B. On the expiration of a certificate of necessity, if the holder of the certificate meets all requirements, applies for a renewal and pays the fees prescribed in section 36-2240, the director shall renew the certificate for a term of three years without public hearing or waiver unless cause is shown to set a hearing to consider denial or renewal for a shorter term.

C. If the director does not conclude a hearing to show cause within ninety days of the expiration date of the certificate, the certificate shall be renewed for a period of not less than one year. The term of the certificate shall be extended to three years if the director determines that cause is not established for denial or renewal for a shorter term. For the purposes of this subsection, "hearing to show cause" means a hearing ordered by the director pursuant to section 36-2245 to determine if any grounds exist to prevent an ambulance service from carrying out the provisions of subsection B of this section during the current term of the certificate.
A.R.S. § 36-766.06 — Arizona Code / Title 36 / Chapter 6 / Article 7.2 / Section 766.06
36-766.06 Fees
Status: in_force

36-766.06. Fees

The director, by rule, shall establish and collect nonrefundable fees for state-certified doula certification that are consistent with fees prescribed pursuant to section 36-1908.  The department shall deposit the fees in a segregated account in the health services licensing fund established by section 36-414.
A.R.S. § 36-1605 — Arizona Code / Title 36 / Chapter 13 / Article 1 / Section 1605
36-1605 Permitted uses; violations; civil penalties
Status: in_force

36-1605. Permitted uses; violations; civil penalties

A. This article does not prohibit:

1. The sale at wholesale by a resident wholesaler, dealer or jobber of fireworks that are not prohibited by this article.

2. The sale of fireworks to bona fide wholesalers, dealers or jobbers that are to be and are shipped directly out of the state, if the seller of fireworks under this paragraph maintains for a period of five years and makes available on request to the office of the state fire marshal or the local fire marshal, as applicable, the following information:

(a) The name and address of each bona fide wholesaler, dealer or jobber for which a shipment is to be and is made directly out of the state, including each wholesaler's, dealer's and jobber's applicable state fireworks permit.

(b) An invoice for each sale for which a shipment is to be and is made directly out of the state that contains a detailed listing of the products sold for the shipment that is to be and is made directly out of the state.

(c) A bill of lading for each shipment that is to be and is shipped directly out of the state that contains both of the following:

(i) The name and address of the out-of-state shipment destination.

(ii) The name of the private carrier making the out-of-state delivery.

(d) A statement from each bona fide wholesaler, dealer or jobber purchasing fireworks that are to be and are shipped directly out of the state that contains both of the following:

(i) The purpose for which the fireworks that are to be and are shipped directly out of the state are to be used, including the location where the fireworks will be used.

(ii) That the fireworks that are not permissible fireworks in this state are for sale or use only outside of this state.

3. The use of fireworks by railroads or other transportation agencies for signal purposes or illumination.

4. The sale or use of explosives for blasting or other legitimate industrial purposes.

5. The use of fireworks or explosives, or both, by farmers, ranchers and their employees who are regulated under title 3, and by state and federal employees who manage wildlife resources, to rally, drive or otherwise disperse concentrations of wildlife for the purpose of protecting property or wildlife, if the seller of fireworks for use under this paragraph maintains for a period of five years and makes available on request to the office of the state fire marshal or the local fire marshal, as applicable, all of the following information:

(a) The name and address of each person or business purchasing fireworks for use pursuant to this paragraph.

(b) A copy of one of the following types or categories of current licenses issued by the Arizona department of agriculture for each person or business purchasing fireworks for use pursuant to this paragraph:

(i) Dairy and milk license.

(ii) Egg and egg products license.

(iii) Feedlot license.

(iv) Citrus, fruit and vegetable license.

(v) Brand license.

(vi) Pesticide use license.

(c) A statement from each person or business purchasing fireworks for use pursuant to this paragraph that contains the purpose for which the fireworks are to be used, including the location where the fireworks will be used.

6. The sale of permissible consumer fireworks by a retail establishment if the retail establishment complies with the rules adopted pursuant to section 36-1609.

7. The use of permissible consumer fireworks by the general public, unless the use is prohibited by a governing body of an incorporated city or town.

B. A person who fails to maintain or to make available on request information as required by subsection A, paragraph 2 of this section is subject to a civil penalty of five hundred dollars per violation.  A person who attempts to purchase fireworks that are to be and are shipped directly out of the state pursuant to subsection A, paragraph 2 of this section, other than permissible fireworks, for use in this state is subject to a civil penalty of one hundred fifty dollars per violation. A seller of fireworks who attempts either to sell fireworks pursuant to subsection A, paragraph 2 of this section, other than permissible fireworks, for use in this state or to aid a purchaser in purchasing fireworks pursuant to subsection A, paragraph 2 of this section, other than permissible fireworks, for use in this state is subject to a civil penalty of one thousand dollars per violation, and the office of the state fire marshal or the local fire marshal, as applicable, may prohibit the seller from selling permissible fireworks in this state or the applicable jurisdiction.

C. A person who fails to maintain or to make available on request records as required by subsection A, paragraph 5 of this section is subject to a civil penalty of five hundred dollars per violation. A person who attempts to use fireworks purchased pursuant to subsection A, paragraph 5 of this section for a use other than the use authorized pursuant to subsection A, paragraph 5 of this section is subject to a civil penalty of one hundred fifty dollars per violation. A seller of fireworks under subsection A, paragraph 5 of this section who attempts either to sell fireworks to a purchaser for use in this state other than the use authorized by subsection A, paragraph 5 of this section or to aid a purchaser in purchasing fireworks for use in this state other than as authorized by subsection A, paragraph 5 of this section is subject to a civil penalty of one thousand dollars per violation, and the office of the state fire marshal or the local fire marshal, as applicable, may prohibit the seller from selling permissible fireworks in this state or the applicable jurisdiction.
A.R.S. § 36-185 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 185
36-185 Local department of health funds
Status: in_force

36-185. Local department of health funds

A. A county board of health annually, before May 1 of each year, shall estimate the cost of maintaining the department for the ensuing fiscal year and the monies that may be available from unexpended surpluses from grants or donations. The estimates shall be submitted in the form of a budget on or before May 1 of each year to the board of supervisors. The board of supervisors shall provide monies necessary to cover the cost of maintaining the department for the ensuing fiscal year.

B. Local health department monies made available under this article are nonreverting and nonlapsing monies.

C. The board of supervisors shall not require a city or town to contribute to the county's public health budget if the board of supervisors did not require the city or town to contribute monies to the county for a portion of the county's public health budget before January 1, 1999.
A.R.S. § 36-495.01 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.01
36-495.01 Licensure program; rules
Status: in_force

36-495.01. Licensure program; rules

A. On or before July 1, 1991, the department shall license environmental laboratories engaged in compliance testing. Upon application for an environmental laboratory license, the department shall issue the license if, after investigation, the department determines that the application conforms with the standards established by the department.

B. The director shall prescribe rules providing for minimum standards of proficiency, methodology, quality assurance, operation and safety for environmental laboratories and may prescribe standards for personnel education, training and experience to meet federal environmental statutes or regulations, or enabling reciprocity with other states and the manner and form in which compliance testing results are reported. The rules shall be developed in cooperation with the director of the department of environmental quality and shall be consistent with title 49 and rules administered or enforced by the director of environmental quality.

C. The director shall prescribe rules providing minimum standards for third party accreditation.

D. Unless exempted by section 36-495.02, no person may operate or maintain an environmental laboratory without a license issued by the department pursuant to this chapter.
A.R.S. § 36-2804.01 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804.01
36-2804.01 Registration; nonprofit medical marijuana dispensary agents; independent third-party laboratory agents; requirements
Status: in_force

36-2804.01. Registration; nonprofit medical marijuana dispensary agents; independent third-party laboratory agents; requirements

(Caution:  1998 Prop. 105 applies)

A. A nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent shall be registered with the department before volunteering or working at a nonprofit medical marijuana dispensary or a certified independent third-party laboratory.

B. A nonprofit medical marijuana dispensary or a certified independent third-party laboratory may apply to the department for a registry identification card for a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent by submitting:

1. The name, address and date of birth of the prospective nonprofit medical marijuana dispensary agent or independent third-party laboratory agent.

2. A nonprofit medical marijuana dispensary agent or independent third-party laboratory agent application.

3. A statement signed by either:

(a) The prospective nonprofit medical marijuana dispensary agent pledging not to divert marijuana to anyone who is not allowed to possess marijuana pursuant to this chapter.

(b) The prospective independent third-party laboratory agent acknowledging that registered independent third-party laboratory agents are prohibited from diverting marijuana pursuant to this chapter.

4. The application fee.

C. A registered nonprofit medical marijuana dispensary or certified independent third-party laboratory shall notify the department within ten days after a nonprofit medical marijuana dispensary agent or independent third-party laboratory agent ceases to be employed by or volunteer at the registered nonprofit medical marijuana dispensary or certified independent third-party laboratory.

D. A person who has been convicted of an excluded felony offense may not be a nonprofit medical marijuana dispensary agent or an independent third-party laboratory agent. Notwithstanding any other provision of this chapter, if a prospective nonprofit medical marijuana dispensary agent or independent third-party laboratory agent holds a current level I fingerprint clearance card, the person is deemed to not have been convicted of an excluded felony offense.

E. The department may conduct a criminal records check in order to carry out this section.

F. Notwithstanding any other provision of this chapter, if a marijuana facility agent as defined in section 36-2850 is registered with the department pursuant to section 36-2855, the person may act in the capacity of a nonprofit medical marijuana dispensary agent without registering pursuant to this chapter.
A.R.S. § 36-851 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 851
36-851 Delivery of document of gift not required; right to examine
Status: in_force

36-851. Delivery of document of gift not required; right to examine

A. A document of gift need not be delivered during the donor's lifetime to be effective.

B. On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to section 36-850.
A.R.S. § 36-2903.17 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2903.17
36-2903.17 Administration; continuous glucose monitors; benefit status; coverage criteria; posting
Status: in_force

36-2903.17. Administration; continuous glucose monitors; benefit status; coverage criteria; posting

The administration shall:

1. Require contractors to provide to members continuous glucose monitors through both a pharmacy benefit and a durable medical equipment benefit and to allow a member's prescribing provider to determine the appropriate option for the member.

2. Update the coverage criteria for continuous glucose monitors to align with the current standards of care.  The criteria for coverage shall be consistent regardless of whether a member receives the continuous glucose monitor as a pharmacy benefit or a durable medical equipment benefit.

3. Post the criteria for the coverage of continuous glucose monitors as a standalone document that is easily accessible on the administration's public website.
A.R.S. § 36-2946 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2946
36-2946 Coordination of benefits; third party payments
Status: in_force

36-2946. Coordination of benefits; third party payments

A. The administration shall coordinate benefits provided under this article to a member so that any costs for services payable by the system are costs avoided or recovered from any available third party payor. The administration may require that the program contractors are responsible for the coordination of benefits provided pursuant to this article. The system shall act as a payor of last resort for members unless specifically prohibited by federal law. The director shall require members to assign to the system rights to all types of medical benefits to which the member is entitled, including first party medical benefits under automobile insurance policies. This state has a right to subrogation against any other person to enforce the assignment of medical benefits. The provisions of this subsection are controlling over the provisions of an insurance policy which provides benefits to a member if the policy is inconsistent with the provisions of this subsection. The administration shall monitor third party payments collected by providers and noncontracting providers. For purposes of this section, benefits from third party payors do not include monies available under the older Americans act of 1965, a social services block grant or an optional state supplemental payment program if federal monies are available for home and community based services pursuant to section 36-2939, subsection D.

B. Notwithstanding subsection A of this section, beginning on the first day of the first calendar quarter following the adjournment of the first regular session of the fortieth legislature and in accordance with section 4402 of the omnibus budget reconciliation act of 1990, if the administration determines that according to federal guidelines it is more cost effective for a person defined as eligible under section 36-2934 to be enrolled in a group health insurance plan in which the person is entitled to be enrolled, the administration shall pay all of that person's premiums, deductibles, coinsurance and other cost sharing obligations for services covered under section 36-2934. The person shall apply for enrollment in the group health insurance plan as a condition of eligibility under section 36-2934.
A.R.S. § 36-891.01 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 891.01
36-891.01 Intermediate sanctions; notification of compliance; hearing
Status: in_force

36-891.01. Intermediate sanctions; notification of compliance; hearing

A. If the director has reasonable cause to believe that a licensee is violating this article or rules adopted pursuant to this article and that the health or safety of the children is endangered, the director may impose, on written notice to the licensee, one or more of the following intermediate sanctions until the licensee is in substantial compliance with this article:

1. Immediate restrictions on new admissions to the child care facility.

2. Termination of specific services that the facility may offer.

3. Reduction of the facility's capacity.

B. A child care facility sanctioned pursuant to this section shall notify the department in writing when it is in substantial compliance.  On receipt of notification the department shall conduct an inspection. If the department determines that the facility is in substantial compliance the director shall immediately rescind the sanctions. If the department determines that the facility is not in substantial compliance the sanctions remain in effect. The facility may then notify the department of substantial compliance not sooner than fourteen days after the date of that inspection. If the department determines on the return inspection that the facility is still not in substantial compliance the sanctions remain in effect. Thereafter, a facility may notify the department of substantial compliance not sooner than thirty days after the date of the last inspection. A facility shall make all notifications of substantial compliance by certified mail. The department shall conduct all inspections required pursuant to this subsection within fourteen days after receipt of notification of substantial compliance. If the department does not conduct an inspection within this time period, the sanctions have no further effect.

C. A person who has been ordered by the director to restrict admission, reduce capacity or terminate specific services may request a hearing to review the director's action.  The person shall make this request in writing within ten days after the person receives notice of the director's action.  The office of administrative hearings shall conduct an administrative hearing within seven business days after the notice of appeal has been filed with the office of administrative hearings.

D. A hearing conducted pursuant to this section shall comply with the requirements of title 41, chapter 6, article 10.
A.R.S. § 36-602 — Arizona Code / Title 36 / Chapter 6 / Article 1 / Section 602
36-602 Abatement of nuisances, sources of filth and causes of sickness; civil penalty; property assessment; procedure
Status: in_force

36-602. Abatement of nuisances, sources of filth and causes of sickness; civil penalty; property assessment; procedure

A. Notwithstanding any other provision of this title, when a nuisance, source of filth or cause of sickness exists on private property, the county board of health, the local health department, the county environmental department or the public health service district shall order the owner or occupant to remove it within twenty-four hours at the expense of the owner or occupant.  The order may be delivered to the owner or occupant personally, or left at the owner or occupant's usual place of abode or served on the owner or occupant in the same manner as provided for service of process under the Arizona rules of civil procedure.  If the order is not complied with, the board or department may impose a civil penalty pursuant to section 36-183.04 and shall cause the nuisance, source of filth or cause of sickness to be removed, and expenses of removal shall be paid by the owner, occupant or other person who caused the nuisance, source of filth or cause of sickness.

B. A city or county may prescribe by sanitary ordinance or regulation a procedure for making the actual cost of this removal or abatement, including the actual costs of any additional inspection and other incidental costs in connection with the removal or abatement, an assessment on the lots and tracts of land on which the nuisance, source of filth or cause of sickness was abated or removed, subject to the following:

1. Any such ordinance or regulation shall include a provision for appeal of the assessment to the governing body or the board of supervisors or its designee.

2. The assessment, from the date of its recording in the office of the county recorder in the county where the lot or tract of land is located, is a lien on the lot or tract of land until paid.

3. Any assessment recorded is prior and superior to all other liens, obligations or other encumbrances, except liens for general taxes and prior recorded mortgages.

4. The city or county may bring an action to enforce the lien in the superior court in the county in which the property is located at any time after the recording of the assessment, but failure to enforce the lien by this action does not affect its validity. The recorded assessment is prima facie evidence of the truth of all matters recited in the assessment and of the regularity of all proceedings before the recording of the assessment.

5. A prior assessment for the purposes provided in this section is not a bar to a subsequent assessment or assessments for these purposes, and any number of liens on the same lot or tract of land may be enforced in the same action.

6. An assessment or lien recorded pursuant to this section does not limit, restrict or otherwise affect the authority of a city or county to undertake any additional enforcement action that is authorized by law, including applicable ordinances or regulations.

7. The ordinance or regulation shall provide notice to all lienholders.
A.R.S. § 36-888 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 888
36-888 Denial, revocation or suspension of license
Status: in_force

36-888. Denial, revocation or suspension of license

A. The department may deny, suspend or revoke a license for a violation of this article or department rules. At least thirty days before the department denies, revokes or suspends a license it shall mail the applicant or licensee a notice of that person's right to a hearing. The department shall issue this notice by registered mail with return receipt requested. The notice shall state the hearing date and the facts constituting the reasons for the department's action and shall cite the specific statute or rule that the person is not conforming to.

B. If the person does not respond to the written notice the department, at the expiration of the time fixed in the notice, shall take the action prescribed in the notice. If the person, within the period fixed in the notice, conforms the application or the operation of the child care facility to the applicable statute or rule, the department may grant the license or withdraw the notice of suspension or revocation.
A.R.S. § 36-1479 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1479
36-1479 Preparation and approval of redevelopment plans
Status: in_force

36-1479. Preparation and approval of redevelopment plans

A. A municipality shall not prepare a redevelopment plan for a redevelopment project area unless the local governing body, by resolution, has declared the area to be a slum or blighted area in need of redevelopment. The local governing body shall not consider a redevelopment plan for approval until a general plan for the development of the municipality has been prepared. A municipality shall not acquire real property for a redevelopment project unless the local governing body has approved the redevelopment plan, as prescribed in subsection F.

B. The municipality may itself prepare or cause to be prepared a redevelopment plan or any person or agency, public or private, may submit a plan to a municipality. A redevelopment plan shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements and the proposed land uses and building requirements in the redevelopment project area. The plan shall include, at a minimum:

1. A statement of the boundaries of the redevelopment project area.

2. A map showing the existing uses and conditions of the real property within the redevelopment project area.

3. A land use plan showing proposed uses of the real property within the redevelopment project area.

4. Information showing the standards of population densities, land coverage and building intensities in the area after redevelopment.

5. A statement of the proposed changes, if any, in zoning ordinances or maps, street layouts, street levels or grades, building codes and ordinances.

6. A statement as to the kind and number of site improvements and additional public utilities which will be required to support the new land uses in the area after redevelopment.

7. A statement of the proposed method and estimated cost of the acquisition and preparation for redevelopment of the redevelopment project area and the estimated proceeds or revenues from its disposal to redevelopers.

8. A statement of the proposed method of financing the redevelopment project.

9. A statement of a feasible method proposed for the relocation of families to be displaced from the redevelopment project area.

C. The land uses and building requirements proposed in a redevelopment plan shall be designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted and harmonious development of the municipality and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity and the general welfare, as well as efficiency and economy in the process of development, and including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage and other public utilities, schools, parks, recreational and community facilities and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, the prevention of the recurrence of slum conditions or conditions of blight and the provision of adequate, safe and sanitary dwelling accommodations.

D. Prior to its approval of a redevelopment plan, the local governing body shall submit a redevelopment plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole.  The planning commission shall submit its written recommendations with respect to the proposed redevelopment plan to the local governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within thirty days, the local governing body may proceed with the hearing on the proposed redevelopment plan prescribed by subsection E.

E. The local governing body shall hold a public hearing on any redevelopment plan or substantial modification to a plan being considered for approval. A municipality must notify each owner of real property located within the boundaries of a proposed redevelopment plan area of the time, date and location of a public meeting concerning the proposed adoption of the redevelopment plan.  The municipality must provide this notice by first class mail to the address stated on the most recent records of the county assessor. The local governing body shall publish a public notice in a newspaper with a general circulation in the area of operation, once each week for two consecutive weeks, the last publication to be at least ten days prior to the date set for hearing. The notice shall describe the time, place and purpose of the hearing and shall also generally identify the area to be redeveloped under the plan. All interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed redevelopment plan at the hearing.

F. Approval of a redevelopment plan requires a two-thirds vote of the local governing body.

G. Following the hearing, the local governing body may approve a redevelopment plan if it finds that the plan is feasible and in conformity with the general plan for the development of the municipality as a whole, but if the redevelopment project area is a blighted area, the local governing body must also find that:

1. A shortage of housing of sound standards and design, adequate for family life, exists in the municipality.

2. The need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas under redevelopment.

3. The conditions of blight in the area and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals or welfare.

4. The development of the area for predominately residential uses is an integral part of and essential to the program of the municipality for the elimination of the slum or blighted area.

H. A redevelopment plan may be modified at any time, but if modified after the lease or sale of real property in the redevelopment project area, the modification shall be consented to by the redeveloper or redevelopers of real property or a successor or their successors in interest affected by the proposed modification. Any proposed modification which will substantially change the redevelopment plan as previously approved by the local governing body shall be considered a new plan and shall be subject to all the requirements of this section before it may be approved.
A.R.S. § 36-403 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 403
36-403 Licensure by counties and municipalities
Status: in_force

36-403. Licensure by counties and municipalities

Nothing in this chapter shall prevent counties or municipalities from adopting and enforcing building and zoning regulations for health care institutions which are equal to or more restrictive than regulations of the department.
A.R.S. § 36-463.01 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 463.01
36-463.01 Licensure of laboratories located in a health care institution
Status: in_force

36-463.01. Licensure of laboratories located in a health care institution

A. A person who wishes to operate a laboratory in a health care institution which is covered by a single license issued pursuant to chapter 4 of this title shall submit an application for licensure on a form prescribed and furnished by the department. The application shall be under oath and shall contain the following:

1. The name and location of the health care institution.

2. A copy of the license of the health care institution.

3. The name of the governing authority.

4. A description of clinical laboratory services to be provided, including those to be provided in special function laboratories and ancillary test sites covered by the single license of the health care institution.

5. The name of the chief administrative officer directing the health care institution.

6. Other information required by the department.

B. The application shall be signed by the owner of the health care institution. If the application is submitted by a partnership or a corporation it shall be signed by two of the partners or officers. If the application is submitted by a governmental unit it shall be signed by the head of the appropriate department.

C. The department shall issue the license to the governing authority of the health care institution, and the license shall show the name of the chief administrative officer. The licensee is responsible for the maintenance and conduct of the laboratory and for violations of this article. The department shall issue a single license for all clinical laboratory services provided by the health care institution including those provided in special function laboratories and ancillary test sites covered by the single health care license. A license is valid only for the person to whom it is issued and may not be sold or transferred.

D. The department may issue a provisional license if it is satisfied that the applicant substantially complies with the provisions of this article. A provisional license is valid for no more than six months and may not be renewed.

E. A licensee may apply for and shall be granted a new license without charge if the licensed laboratory is undergoing a change in location and the administrator of the health care institution, prior to the actual change, proves to the satisfaction of the department that the change is in compliance with the provisions of this article and rules adopted pursuant to this article. The department must receive the application at least thirty days before the proposed change in location.

F. A license is valid for two years and may be renewed on payment of a renewal fee prescribed by the director by rule pursuant to section 36-464 if the laboratory is in substantial compliance with this article and rules adopted pursuant to this article.

G. The department shall maintain a list of laboratories that meet the licensure requirements of this section. The department shall make this list available on request to licensed laboratories, physicians and the public.
A.R.S. § 36-122 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 122
36-122 Public health emergencies fund; exemption; report
Status: in_force

36-122. Public health emergencies fund; exemption; report

A. The public health emergencies fund is established consisting of legislative appropriations. The director shall administer the fund.  Monies in the fund are continuously appropriated and may be spent for public health emergency responses of this state following a state of emergency declaration by the governor.  Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.

B. On or before September 1 of each year, the department shall report any expenditures from the fund to the joint legislative budget committee.
A.R.S. § 36-413 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 413
36-413 Nutrition and feeding assistants; training programs; regulation; civil penalty; definition
Status: in_force

36-413. Nutrition and feeding assistants; training programs; regulation; civil penalty; definition

A. The department may adopt rules to prescribe minimum standards for training programs for nutrition and feeding assistants in licensed skilled nursing facilities, including instructor qualifications, and may grant, deny, suspend and revoke approval of any training program that violates these standards.  These standards must include:

1. Screening requirements.

2. Initial qualifications.

3. Continuing education requirements.

4. Testing requirements to assure competency.

5. Supervision requirements.

6. Requirements for additional training based on patient needs.

7. Maintenance of records.

8. Special feeding requirements based on level of care.

B. Pursuant to section 36-431.01, the department may impose a civil penalty on a training program that violates standards adopted by the department.

C. If the department adopts standards for training programs pursuant to subsection A of this section, the department, as part of its routine inspection of a health care facility that provides a training program, shall determine the facility's compliance with these standards.

D. For the purposes of this section, "nutrition and feeding assistant" has the same meaning as paid feeding assistant as defined in 42 Code of Federal Regulations part 483 and section 488.301.
A.R.S. § 36-1474 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1474
36-1474 Powers of municipalities
Status: in_force

36-1474. Powers of municipalities

A. Every municipality shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others granted by this article:

1. To prepare or cause to be prepared redevelopment plans and to undertake and carry out redevelopment projects within its area of operation.

2. To arrange or contract for the furnishing or repair, by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with a redevelopment project, and anything to the contrary contained in this article or any other provision of law notwithstanding, to agree to any conditions that it deems reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a redevelopment project, and to include in any contract let in connection with a redevelopment project, provisions to fulfill the conditions as it deems reasonable and appropriate.

3. Within its area of operation:

(a) To purchase, lease, obtain options on, acquire by gift, grant, bequest, devise, eminent domain or otherwise, any real or personal property or any interest in the property, together with any improvements on the property, necessary or incidental to a redevelopment project.

(b) To hold, improve, clear or prepare for redevelopment any such property.

(c) To sell, lease, exchange, transfer, assign, subdivide, retain for its own use, mortgage, pledge, hypothecate or otherwise encumber or dispose of any real or personal property or any interest in the property in a redevelopment project.

(d) To enter into contracts with redevelopers of property containing covenants, restrictions and conditions regarding the use of the property for residential, commercial, industrial, recreational or other purposes or for public purposes in accordance with a redevelopment plan and the other covenants, restrictions and conditions as the municipality deems necessary to prevent a recurrence of conditions that qualify an area as a slum or blighted area or to effectuate the purposes of this article.  A municipality may not exercise the power of eminent domain unless the municipality makes a separate determination by a two-thirds vote of the local governing body that the property is critical to the project and the existing use of the property is not compatible with the proposed use and cannot be incorporated into or excluded from the proposed redevelopment project.

(e) To make any of the covenants, restrictions or conditions of the foregoing contracts covenants running with the land and to provide appropriate remedies for any breach of these covenants or conditions, including the right in the municipality to terminate these contracts and any interest in the property created pursuant thereto.

(f) To borrow money and issue bonds and provide security for loans or bonds.

(g) To insure or provide for the insurance of any real or personal property or operations of the municipality in a redevelopment project of the municipality against any risks or hazards, including the power to pay premiums on the insurance.

(h) To enter into any contracts necessary to effectuate the purposes of this article.

No statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a municipality in these functions with respect to a redevelopment project, unless the legislature specifically so states.

4. To invest any redevelopment project funds held in reserves or sinking funds or any redevelopment project funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control and to redeem the bonds that have been issued pursuant to section 36-1481 at the redemption price established therein or to purchase the bonds at less than redemption price, all bonds so redeemed or purchased to be cancelled.

5. To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federal government, the state, county or other public body or from any sources, public or private, for the purposes of this article, to give such security as may be required and to enter into and carry out contracts in connection therewith. Notwithstanding any other law, a municipality may include in any contract for financial assistance with the federal government for a redevelopment project conditions imposed pursuant to federal law that the municipality deems reasonable and appropriate and that are not inconsistent with the purposes of this article.

6. Within its area of operation, to make or have made all surveys, appraisals, studies and plans, including the preparation of a general plan for the development of the municipality, necessary to carry out the purposes of this article and to contract or cooperate with any and all persons or agencies, public or private, to make and to carry out the surveys, appraisals, studies and plans.

7. To prepare plans and provide reasonable assistance for the relocation of families displaced from a redevelopment project area to the extent essential for acquiring possession of and clearing the area or parts of the area to permit the carrying out of the redevelopment project.

8. To appropriate funds and make expenditures necessary to carry out the purposes of this article and to make expenditures from funds obtained from the federal government without regard to any other laws pertaining to the making and approval of appropriations and expenditures.

9. To exercise all or any part or combination of powers granted by this section.

B. A municipality must notify each owner of real property located within the boundaries of a proposed redevelopment project area of the time, date and location of a public meeting concerning the proposed adoption of the redevelopment plan if the municipality intends to acquire that owner's property or any interest in that property.  The municipality must provide this notice by first class mail to the address stated on the most recent records of the county assessor.

C. The designation of an area as a slum or blighted area terminates ten years after this designation unless substantial action has been taken to remove the slum or blighted conditions. The termination does not affect existing projects as described in section 35-701, paragraph 7, subdivision (a), item (xi) that are within that designated area.
A.R.S. § 36-666 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 666
36-666 Violation; classification; immunity
Status: in_force

36-666. Violation; classification; immunity

A. A person who knowingly does the following is guilty of a class 3 misdemeanor:

1. Performs, or permits or procures the performance of, an HIV-related test in violation of this article.

2. Discloses, compels another person to disclose or procures the disclosure of communicable disease related information in violation of this article.

B. A person, health facility or health care provider disclosing communicable disease related information pursuant to or required by this article is immune from civil or criminal liability if the person, health care facility or health care provider acted in good faith and without malice.

C. A health facility or health care provider, including a physician, the physician's employer or the health care facility or health care provider with which the physician is associated, is immune from civil or criminal liability for failing to disclose communicable disease related information to a contact or a person authorized pursuant to law to consent to health care for a protected person if the health facility or health care provider acted in good faith and without malice.

D. For the purposes of this section, good faith and the absence of malice are presumed unless the presumption is overcome by a demonstration of clear and convincing evidence to the contrary.
A.R.S. § 36-408 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 408
36-408 Required reports from health care institutions
Status: in_force

36-408. Required reports from health care institutions

The department of health services shall not require any reports from health care institutions to be filed more frequently than annually unless such filings are otherwise required by state or federal law or result from necessary processing of applications or requests filed by such institutions.
A.R.S. § 36-2927 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2927
36-2927 Intergovernmental service fund; funding
Status: in_force

36-2927. Intergovernmental service fund; funding

A. The intergovernmental service fund is established. The administration shall administer the fund as a continuing appropriation. On notice from the administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.

B. The fund shall be used to pay all costs, including staff positions, incurred pursuant to an agreement entered into pursuant to section 36-2925 and for the purposes authorized by section 36-2926.

C. Separate accounts may be established within the fund for each agreement and the activities authorized by section 36-2926.

D. The intergovernmental service fund consists of:

1. All monies deposited in the fund pursuant to an agreement authorized by section 36-2925.

2. The cost savings that are received pursuant to section 36-2925, subsection D and that are earned from the appropriations made by this state for the costs of operating the system in this chapter.

3. Federal monies available to this state for the operation of the system in this chapter.

4. Gifts, donations and grants from any source.

5. Interest on monies deposited in the fund.

E. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The cost savings that are earned from appropriations made by this state and remaining in the fund at the end of the fiscal year do not revert to the fund from which they were appropriated.

F. The administration may continue to make expenditures from the fund, subject to the availability of monies in the fund, to fulfill its commitments under an agreement authorized by section 36-2925 for costs incurred but not processed by the administration during the fiscal years in which the agreement was in effect.

G. The administration shall account for all payments from the intergovernmental service fund by the fiscal year in which the costs were incurred, regardless of the fiscal year in which the payments were made.
A.R.S. § 36-468 — Arizona Code / Title 36 / Chapter 4.1 / Article 2 / Section 468
36-468 Laboratory testing without health care provider's order; results; report; duty of care; liability; definition
Status: in_force

36-468. Laboratory testing without health care provider's order; results; report; duty of care; liability; definition

A. A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request or written authorization if the laboratory offers that laboratory test to the public on a direct access basis without a health care provider's request or written authorization.

B. If a laboratory test of a person is conducted by or under the supervision of a person other than a health care provider and not at the request or with the written authorization of a health care provider, any report of the test results shall be provided by the person conducting the test to the person who was the subject of the test. The report shall state in bold type that it is the responsibility of the person who was tested to arrange with the person's health care provider for consultation and interpretation of the test results.

C. A health care provider's duty of care to a patient does not include any responsibility to review or act on the laboratory test results of a patient if the health care provider did not request or authorize the laboratory test. A health care provider is not subject to liability or disciplinary actions for the failure to review or act on the results of a laboratory test of any patient if the health care provider did not request or authorize the laboratory test.

D. A clinical laboratory may not submit a claim for reimbursement from a third-party payor for any laboratory test conducted without a health care provider's request or written authorization.

E. This section does not require that a laboratory test be covered by a health insurance plan or product pursuant to title 20 or by any program administered by the Arizona health care cost containment system administration pursuant to chapter 29 of this title.

F. For the purposes of this section, "health care provider" means a person who is licensed pursuant to title 32 and who is authorized to order laboratory testing.
A.R.S. § 36-424.03 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 424.03
36-424.03 Surveyors and supervisors; annual training program; objectives
Status: in_force

36-424.03. Surveyors and supervisors; annual training program; objectives

A. The department shall implement an annual training program for all licensing surveyors and the supervisors and managers of licensing surveyors to ensure compliance with this chapter.

B. The training program shall include modules that train surveyors and the supervisors and managers of licensing surveyors on the following:

1. The department's governing policies and procedures and the statutes and rules for which the employee is responsible.

2. How to ascertain whether a complaint or grievance filed with the department should result in opening a complaint investigation under this chapter.

3. How to act in a professional manner with an emphasis on dignity and respect.

4. The importance of clear and transparent communication with licensees.

C. The department shall implement an annual process for all licensing surveyors and the supervisors and managers of licensing surveyors to demonstrate practical knowledge and understanding of the following:

1. The department's governing policies and procedures and the statutes and rules for which the employee is responsible.

2. Ascertaining whether a complaint or grievance filed with the department should result in opening a complaint investigation under this chapter.

3. How to act in a professional manner with an emphasis on dignity and respect.

4. The importance of clear and transparent communication with licensees.
A.R.S. § 36-2998 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2998
36-2998 Qualifying plans
Status: in_force

36-2998. Qualifying plans

A. A qualifying plan, as defined in section 36-2981, may elect to participate in the children's health insurance program established pursuant to this article, subject to all requirements established in this article and in accordance with section 36-2989.

B. The director of the Arizona health care cost containment system shall establish the terms and conditions that shall be used to exercise the option to participate.
A.R.S. § 36-449.01 — Arizona Code / Title 36 / Chapter 4 / Article 10 / Section 449.01
36-449.01 Definitions
Status: in_force

36-449.01. Definitions

In this article, unless the context otherwise requires:

1. "Abortion" means the use of any means with the intent to terminate a woman's pregnancy for reasons other than to increase the probability of a live birth, to preserve the life or health of the child after a live birth, to terminate an ectopic pregnancy or to remove a dead fetus. Abortion does not include birth control devices or oral contraceptives.

2. "Abortion clinic" means a facility, other than a hospital, in which five or more first trimester abortions in any month or any second or third trimester abortions are performed.

3. "Bodily remains" has the same meaning prescribed in section 36-2151.

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

5. "Final disposition" has the same meaning prescribed in section 36-301.

6. "Medication abortion" means the use of any medication, drug or other substance that is intended to cause or induce an abortion.

7. "Perform" includes the initial administration of any medication, drug or other substance intended to cause or induce an abortion.

8. "Surgical abortion" has the same meaning prescribed in section 36-2151.

9. "Viable fetus" has the same meaning prescribed in section 36-2301.01.
A.R.S. § 36-421 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 421
36-421 Construction or modification of a health care institution
Status: in_force

36-421. Construction or modification of a health care institution

A. A license application for a health care institution shall include, on a form provided by the department, a notarized attestation from an architect registered pursuant to title 32, chapter 1 that verifies the architectural plans and specifications meet or exceed standards adopted by the department. These plans and specifications shall meet the minimum standards for licensure within the class or subclass of health care institution for which it is intended.  The application shall include the name and address of each owner and lessee of any agricultural land that is regulated pursuant to section 3-365.

B. Construction or modification of a licensed health care institution shall meet the minimum standards for licensure within the class or subclass of health care institution for which it is intended.

C. An applicant shall comply with all state statutes and rules and local codes and ordinances required for the health care institution's construction.

D. A health care institution or its facility shall not be licensed if it is located on property that is less than four hundred feet from agricultural land that is regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. If the owner agrees in writing to comply with the buffer zone requirements and records the agreement in the office of the county recorder as a restrictive covenant running with the title to the land, the health care institution or facility may be licensed and located within the affected buffer zone. The agreement may include any stipulations regarding the health care institution or facility, including conditions for future expansion of the health care institution or facility and changes in the operational status of the health care institution or facility that will result in a breach of the agreement. This subsection does not apply to the issuance of a license for a health care institution located in the same location for which a health care institution license was previously issued.

E. Notwithstanding any law to the contrary, a health care institution that was licensed as a level 1 psychiatric acute behavioral health facility-inpatient facility as of January 1, 2012 and that is not certified under title XIX of the social security act shall be licensed as a hospital and is not required to comply with the physical plant standards for a general hospital, rural general hospital or special hospital prescribed by the department.

F. An adult behavioral health therapeutic home is not required to comply with the building codes or zoning standards for a health care institution prescribed by the department.

G. The Arizona pioneers' home is not required to comply with subsection A of this section and the physical plant standards for a health care institution prescribed by the department.

H. A nursing-supported group home is not required to comply with the zoning standards for a health care institution prescribed by the department.

I. For the purposes of this section, health care institution does not include a home health agency or a hospice service agency.
A.R.S. § 36-156 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 156
36-156 Home health services and related supportive services; coordination and development; consultation; powers and duties of director
Status: in_force

36-156. Home health services and related supportive services; coordination and development; consultation; powers and duties of director

A. The director may act to coordinate the activities of the department with the activities of the department of economic security which relate, directly or indirectly, to home health services or related supportive services.

B. The director may act to coordinate the activities of existing home health agencies and other agencies or associations which supply, directly or indirectly, home health services or related supportive services.

C. Upon the request of any agency or organization, the director may provide consultation and assistance for:

1. The development and implementation of home health services programs to be carried out by such agency or association.

2. The coordination and integration of home health services provided by or planned by such agency or association with other existing or planned home health services programs or related supportive services programs.

3. The development and acquisition of funding sources for home health services.

D. In order to carry out the provisions of subsection C the director may enter into contracts or agreements with agencies or organizations specifying the type of consultation and assistance to be provided.
A.R.S. § 36-796.07 — Arizona Code / Title 36 / Chapter 6 / Article 11 / Section 796.07
36-796.07 Exceptions
Status: in_force

36-796.07. Exceptions

The provisions of this article shall not apply to:

1. Bedding which has been manufactured, repaired or renovated prior to the effective date of this article.

2. Any articles of bedding sold under the order of any court.

3. The sale of bedding by a householder of bedding owned and used by such householder and his family, and which was not acquired for resale, except that the sale of any such bedding by a householder through an agent shall be within the provisions of this article.
A.R.S. § 36-2955 — Arizona Code / Title 36 / Chapter 29 / Article 2 / Section 2955
36-2955 Inappropriate services; federal sanctions
Status: in_force

36-2955. Inappropriate services; federal sanctions

A. Notwithstanding section 36-2940, the director shall adopt rules which provide that the administration shall withhold or forfeit capitation payments to the program contractor pursuant to section 36-2940 if the program contractor provides inappropriate services to a person determined eligible pursuant to section 36-2933 in an amount which equals the cost of the appropriate services.

B. The cost of any federal sanctions or penalties placed on the administration for errors made by the program contractor pursuant to section 36-2940 such as inappropriate provision of services shall be recouped from the program contractor.
A.R.S. § 36-795.01 — Arizona Code / Title 36 / Chapter 6 / Article 10 / Section 795.01
36-795.01 Kratom product disclosure; preparing, distributing, selling or exposing for sale without disclosure prohibited
Status: in_force

36-795.01. Kratom product disclosure; preparing, distributing, selling or exposing for sale without disclosure prohibited

A. A processor or a retailer that prepares, distributes, sells or exposes for sale a food that is represented to be a kratom product shall disclose on the product label the factual basis on which that representation is made.

B. A processor or retailer may not prepare, distribute, sell or expose for sale a food represented to be a kratom product that does not conform to the disclosure required by this section.
A.R.S. § 36-943 — Arizona Code / Title 36 / Chapter 8 / Article 3 / Section 943
36-943 Violation; classification
Status: in_force

36-943. Violation; classification

A person violating a provision of this article is guilty of a class 1 misdemeanor.
A.R.S. § 36-447.02 — Arizona Code / Title 36 / Chapter 4 / Article 7 / Section 447.02
36-447.02 Nursing care institutions; therapeutic substitutions
Status: in_force

36-447.02. Nursing care institutions; therapeutic substitutions

A. A nursing care institution's quality assessment and assurance committee established pursuant to 42 Code of Federal Regulations section 483.75(o) may establish written guidelines or procedures for making therapeutic substitutions if the committee membership also includes a pharmacist who is licensed in this state.  If a nursing care institution does not have a quality assessment and assurance committee, the nursing care institution may establish a committee for the purpose of establishing written guidelines or procedures for making therapeutic substitutions that consists of the same members as required under 42 Code of Federal Regulations section 483.75(o) and includes a pharmacist who is licensed pursuant to title 32, chapter 18.

B. A pharmacy used by a nursing care institution may make therapeutic substitutions consistent with the institution's written guidelines or procedures if the use of the therapeutic substitution has been approved for a patient during the period of the patient's stay in the nursing care institution by the patient's health care provider who is licensed under title 32, who has prescription authority under title 32 and who has prescribed a medication for the patient that the patient is currently taking.
A.R.S. § 36-3715 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3715
36-3715 Expenditure limitation
Status: in_force

36-3715. Expenditure limitation

The total amount of state monies that may be spent in any fiscal year by the department of health services for all aspects of the sexually violent persons program shall not exceed the amount appropriated, or authorized by section 35-173, for that purpose. This section 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. § 36-134 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 134
36-134 Asbestosis and mesothelioma
Status: in_force

36-134. Asbestosis and mesothelioma

The department shall develop and implement by rule standards and procedures to make asbestosis and mesothelioma diseases reportable to the department.
A.R.S. § 36-188 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 188
36-188 Abolishment of other health agencies by establishment of county health department or public health services district
Status: in_force

36-188. Abolishment of other health agencies by establishment of county health department or public health services district

Upon establishment of a county health department in conformity with this article or a public health services district under section 48-5802, a county health department or public health services district succeeds to the authority of any existing city or local board of health in that county and any references to a city or local board of health apply instead to that county health department or public health services district.
A.R.S. § 36-119 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 119
36-119 Breast and cervical cancer screening and diagnostic special plate fund
Status: in_force

36-119. Breast and cervical cancer screening and diagnostic special plate fund

A. The breast and cervical cancer screening and diagnostic special plate fund is established consisting of monies received pursuant to section 28-2423.  The director shall administer the fund. Not more than ten per cent 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 distribute monies in the fund before July 1 of each year.

B. The director shall allocate monies from the fund for breast and cervical cancer screening and diagnostics and outreach services in this state.  Monies allocated pursuant to this section shall be used to further breast and cervical cancer screening and diagnostics.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-545.03 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545.03
36-545.03 Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility
Status: in_force

36-545.03. Payment of costs and expenses by person hospitalized in private or voluntary nonprofit facility

All costs in connection with a patient hospitalized in a private or voluntary nonprofit facility, including costs for evaluation, shall be borne by the patient, his parents, spouse, guardian or estate and shall not be a charge against the state or county except as provided in section 36-545.05.
A.R.S. § 36-2513 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2513
36-2513 Substances in schedule II; rules
Status: in_force

36-2513. Substances in schedule II; rules

A. The board shall adopt by rule the schedule II controlled substances listed in 21 Code of Federal Regulations section 1308.12 and shall amend the rules, as necessary, to reflect any changes in the schedule II controlled substance designations.

B. The board may except by rule any compound, mixture or preparation containing any substance adopted by rule pursuant to this section from the application of all or any part of this chapter if the compound, mixture or preparation contains one or more active medicinal ingredients and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiates the potential for abuse.
A.R.S. § 36-899.02 — Arizona Code / Title 36 / Chapter 7.2 / Article 1 / Section 899.02
36-899.02 Powers of the department; limitations
Status: in_force

36-899.02. Powers of the department; limitations

A. The department may, in administering the program of hearing evaluation services:

1. Provide consulting services, establish or supplement hearing evaluation services in local health departments, public or private education programs or other community agencies.

2. Provide for the training of personnel to administer hearing screening evaluations.

3. Delegate powers and duties to other state agencies, county and local health departments, county and local boards of education or boards of trustees of private education programs or other community agencies to develop and maintain periodic hearing evaluation services.

4. Provide services by contractual arrangement for the development and maintenance of periodic hearing evaluation services.

5. Accept reports of hearing evaluation from qualified medical or other professional specialists employed by parents or guardians for hearing evaluation when such reports are submitted to the department.

B. The department shall not replace any qualified existing service.
A.R.S. § 36-2994 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2994
36-2994 Monthly financial report
Status: in_force

36-2994. Monthly financial report

A. The director shall include in the monthly report submitted to the president of the senate and the speaker of the house of representatives pursuant to section 36-2920 the following information about the program:

1. The actual year to date expenditures and projected annual expenditures.

2. The actual member months.

3. Monies recovered monthly from third party payors.

4. The amount and origin of any donation or grant from a private entity and the impact on the implementation of the program.

B. The report shall be submitted on or before the twenty-fifth day of the following month.

C. The director shall provide a copy of the monthly report to the chairmen of the house of representatives and senate standing committees on appropriations and health.
A.R.S. § 36-892 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 892
36-892 Violation; classification
Status: in_force

36-892. Violation; classification

Any person violating the provisions of the applicable law, or regulations, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.
A.R.S. § 36-2905.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2905.01
36-2905.01 Inpatient hospital reimbursement program; large counties
Status: in_force

36-2905.01. Inpatient hospital reimbursement program; large counties

A. Notwithstanding any other law, beginning on October 1, 2003, pursuant to this chapter the administration shall establish and operate a program for inpatient hospital reimbursement in each county with a population of more than five hundred thousand persons.

B. Beginning on October 1, 2003, the director shall require contractors to enter into contracts with one or more hospitals in these counties and to reimburse those hospitals for services provided pursuant to this chapter based on the reimbursement levels negotiated with each hospital and specified in the contract and under the terms on which the contractor and the hospital agree and under all of the following conditions:

1. The director may review and approve or disapprove the reimbursement levels and the terms agreed on by the contractor and the hospital.

2. If the contractor implements an electronic claims submission system it may adopt procedures requiring documentation of the system.

3. Payment received by a hospital from a contractor is considered payment in full by the contractor.  A hospital may collect any unpaid portion of its bill from other third party payors or in situations covered by title 33, chapter 7, article 3.

C. If a contractor and a hospital do not enter into a contract pursuant to subsection B of this section, the reimbursement level for inpatient services provided on dates of admission on or after October 1, 2003 for that hospital is the reimbursement level prescribed in section 36-2903.01 multiplied by ninety-five per cent.

D. For outpatient hospital services provided under the program prescribed in this section, a contractor may reimburse a hospital either pursuant to rates and terms negotiated in a contract between the contractor and the hospital or pursuant to section 36-2903.01, subsection G, paragraph 3.

E. Contracts established pursuant to this section shall specify that arbitration may be used in lieu of the grievance and appeal procedure prescribed in section 36-2903.01, subsection B, paragraph 4 to resolve any disputes arising under the contract.
A.R.S. § 36-2901.08 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2901.08
36-2901.08 Hospital assessment
Status: in_force

36-2901.08. Hospital assessment

(Conditionally Rpld.)

A. The director shall establish, administer and collect an assessment on hospital revenues, discharges or bed days for the purpose of funding the nonfederal share of the costs, except for costs of the services described in section 36-2907, subsection F, that are incurred beginning January 1, 2014 and that are not covered by the proposition 204 protection account established by section 36-778 and the Arizona tobacco litigation settlement fund established by section 36-2901.02 or any other monies appropriated to cover these costs, for all of the following individuals:

1. Persons who are defined as eligible pursuant to section 36-2901.07.

2. Persons who do not meet the eligibility standards described in the state plan or the section 1115 waiver that were in effect immediately before November 27, 2000, but who meet the eligibility standards described in the state plan as effective October 1, 2001.

3. Persons who are defined as eligible pursuant to section 36-2901.01 but who do not meet the eligibility standards in either section 36-2934 or the state plan in effect as of January 1, 2013.

B. The director shall adopt rules regarding the method for determining the assessment, the amount or rate of the assessment, and modifications or exemptions from the assessment.  The assessment is subject to approval by the federal government to ensure that the assessment is not established or administered in a manner that causes a reduction in federal financial participation.

C. The director may establish modifications or exemptions to the assessment. In determining the modifications or exemptions, the director may consider factors including the size of the hospital, the specialty services available to patients and the geographic location of the hospital.

D. Before implementing the assessment, and thereafter if the methodology is modified, the director shall present the methodology to the joint legislative budget committee for review.

E. The administration shall not collect an assessment for costs associated with service after the effective date of any reduction of the federal medical assistance percentage established by 42 United States Code section 1396d(y) or 1396d(z) that is applicable to this state to less than eighty per cent.

F. The administration shall deposit the revenues collected pursuant to this section in the hospital assessment fund established by section 36-2901.09.

G. A hospital shall not pass the cost of the assessment on to patients or third-party payors that are liable to pay for care on a patient's behalf. As part of its financial statement submissions pursuant to section 36-125.04, a hospital shall submit to the department of health services an attestation that it has not passed on the cost of the assessment to patients or third-party payors.

H. If a hospital does not comply with this section as prescribed by the director, the director may suspend or revoke the hospital's Arizona health care cost containment system provider agreement registration.  If the hospital does not comply within one hundred eighty days after the director suspends or revokes the hospital's provider agreement, the director shall notify the director of the department of health services, who shall suspend or revoke the hospital's license pursuant to section 36-427.
A.R.S. § 36-3704 — Arizona Code / Title 36 / Chapter 37 / Article 1 / Section 3704
36-3704 Sexually violent person petition; filing; procedures
Status: in_force

36-3704. Sexually violent person petition; filing; procedures

A. Before a sexually violent person is released from confinement, the following persons may file a petition in superior court alleging that the person is a sexually violent person and stating sufficient facts to support that allegation:

1. The county attorney in the county in which a person was found incompetent to stand trial of, found guilty except insane of or convicted of a sexually violent offense.

2. The county attorney in the county in which the person will be released or the attorney general if the person was found incompetent to stand trial of, found guilty except insane of or convicted of a sexually violent offense in another jurisdiction outside the state.

B. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings under this article. The court may admit evidence of past acts that would constitute a sexual offense pursuant to section 13-1420 and the Arizona rules of evidence.

C. The person who is named in the petition is entitled to assistance of counsel at any proceeding that is conducted pursuant to this article. If the person is indigent, the court shall appoint counsel to assist the person.  The county board of supervisors may fix a reasonable amount to be paid by the county for the services of an appointed attorney.

D. The court's jurisdiction over a person who is civilly committed pursuant to this article continues until the person is discharged by the court.

E. At any hearing concerning conditions of detention, commitment or treatment at a licensed facility under the supervision of the superintendent of the Arizona state hospital, a person who is detained or committed pursuant to this article shall show that the procedures or actions of the licensed facility have no reasonable basis in fact or law.
A.R.S. § 36-2153.01 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2153.01
36-2153.01 Website information; agencies providing support for pregnant women; adoption information
Status: in_force

36-2153.01. Website information; agencies providing support for pregnant women; adoption information

A. On or before February 1, 2022, the department of health services shall provide on the department's public website home page a conspicuous link that directs an individual to the following easily comprehensible information, in both English and Spanish:

1. A list of public and private agencies and services available to assist a woman through pregnancy, on childbirth and while her child is dependent. Any agency that counsels, refers, performs, induces, prescribes or provides any means for abortion may not be included on the list.

2. Each agency's services, physical address, telephone number and website address, if available.

3. Information on and a link to a separate featured webpage that is accessible by redirecting from the domain name AdoptionOption.AZ.gov and that lists all of the following:

(a) Public and nonprofit adoption agencies that are not affiliated with an abortion provider and that are arranged geographically.  The link shall include the information specified in paragraph 2 of this subsection.

(b) Easily comprehensible first steps to assist a pregnant woman seeking to confidentially explore the option of placing her child for adoption.

(c) Whether the adoption agency allows the woman to choose the adoptive parents.

(d) Agencies that offer obstetric ultrasounds free of charge.

(e) Agencies that offer confidential counseling free of charge to a woman considering placing her child for adoption.

B. All information provided pursuant to subsection A of this section shall be available in an easily downloadable printed format.
A.R.S. § 36-521.01 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 521.01
36-521.01 Considerations for screening, evaluation and involuntary treatment
Status: in_force

36-521.01. Considerations for screening, evaluation and involuntary treatment

A. A person who has a substance use disorder without any co-occurring mental disorder may not be considered for involuntary treatment pursuant to article 5 of this chapter.  A person who initially presents with impairments consistent with both a mental disorder and a substance use disorder is eligible for screening and evaluation pursuant to this article, and that person may be eligible for involuntary treatment pursuant to article 5 of this chapter if, after considering the person's history, an appropriate assessment of the person's current presentation, and a reasonable period of time to rule out substance abuse as the primary cause of the alleged behavior, the person's presentation is consistent with a mental disorder that would benefit from treatment.

B. A person who has an intellectual disability may not be considered for involuntary treatment pursuant to article 5 of this chapter unless, in addition to the intellectual disability, the person has a mental disorder that would benefit from treatment.

C. A person who presents with declining mental abilities that directly accompany impending death may not be considered for involuntary treatment pursuant to article 5 of this chapter.

D. A person with a character or personality disorder characterized by lifelong and deeply ingrained antisocial behavior patterns, including sexual behaviors that are abnormal and prohibited by statute, may not be considered for involuntary treatment pursuant to article 5 of this chapter unless the person also has a mental disorder that would benefit from treatment.

E. This section does not affect any time frames otherwise prescribed in this chapter.
A.R.S. § 36-2909 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2909
36-2909 Emergency hospital services; retroactive coverage; costs
Status: in_force

36-2909. Emergency hospital services; retroactive coverage; costs

A. If a member receives emergency hospitalization and medical care on or after the date of eligibility determination or the eligibility effective date from a hospital that does not have a contract to care for the person, the administration or the contractor is liable only for the costs of emergency hospitalization and medical care up to the time the person is discharged or until the time the person can be transferred. The administration or the contractor is also liable for further care in the following circumstances:

1. If the attending physician reasonably determines that the condition of the person receiving emergency hospitalization and medical care is such that it is medically inadvisable to transfer the person.

2. If the administration or the contractor does not transport the person from the hospital providing care after it has been determined that the person can be transferred.

B. Except for charges for services subject to section 36-2908, subsection B, all charges incurred by an eligible person who has not yet enrolled for hospitalization and medical care under subsection A of this section are payable by the administration pursuant to section 36-2903.01, subsection G or as specified in contract by the contractor pursuant to the subcontracted rate or section 36-2904, subsection H or I.

C. As a condition to receiving reimbursement pursuant to subsection B of this section, a hospital that is not a contractor or subcontractor under the system must designate a primary care physician or primary care practitioner to act as a coordinator of the services provided to persons who have been determined eligible but have not yet enrolled, before the persons' enrollment, discharge or transfer.

D. Emergency hospitalization and medical care provided pursuant to this section shall be in accordance with rules adopted pursuant to section 36-2903.01, subsection E in order to qualify for reimbursement.

E. The director shall adopt rules that provide that members who have been determined eligible shall be enrolled with contractors as soon as practicable.

F. This section does not prevent the director or the contractor from denying payment for hospitalization or medical care that is not authorized or deemed medically necessary in accordance with rules adopted by the director.
A.R.S. § 36-517.01 — Arizona Code / Title 36 / Chapter 5 / Article 2 / Section 517.01
36-517.01 Review of decisions regarding release of treatment information; notice; appeal; immunity
Status: in_force

36-517.01. Review of decisions regarding release of treatment information; notice; appeal; immunity

A. An agency providing evaluation or treatment, on request of a person undergoing evaluation or treatment, a member of his family or his guardian, shall review the treating professional's decision to release or withhold information requested pursuant to section 36-504, subsection B or section 36-509, subsection A, paragraph 7.  The agency shall inform a person whose request is denied of his right to a review when it notifies that person of its decision.  The agency director or his designee shall conduct the review within five business days after the request for review is made.  The review shall include an interview of the person undergoing evaluation or treatment. The agency shall make a decision to uphold or reverse the treating professional's decision within five business days after initiating the review.  The agency shall bear the costs of conducting the review. Agency review pursuant to this section does not apply to a decision to release or withhold information made by a nonagency treating professional.

B. A final agency decision made pursuant to subsection A of this section or a decision to release or withhold information made by a nonagency treating professional is subject to judicial review by filing a petition in the superior court within five business days after the agency or nonagency treating professional issues its decision.  The court shall hold a hearing on the petition within five business days after the petition is filed. The agency or nonagency treating professional shall not release any treatment information during the period an appeal may be filed or is pending.

C. An agency or nonagency treating professional that makes a decision to release or withhold treatment information in good faith pursuant to section 36-504, subsection B or section 36-509, subsection A, paragraph 7 is not subject to civil liability for this decision.
A.R.S. § 36-2517.01 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2517.01
36-2517.01 United States food and drug administration; approved medication; rescheduling
Status: in_force

36-2517.01. United States food and drug administration; approved medication; rescheduling

(L23, Ch. 97, sec. 2.  Conditionally Eff.)

Any compound, mixture or preparation that contains 3, 4-methylenedioxymethamphetamine and that is approved by the United States food and drug administration and rescheduled by the United States drug enforcement administration to a schedule other than schedule I of the controlled substances act (21 United States Code sections 801 through 904) is a controlled substance for the purposes of this chapter and may be prescribed in this state.
A.R.S. § 36-3914 — Arizona Code / Title 36 / Chapter 39 / Article 1 / Section 3914
36-3914 Limitations
Status: in_force

36-3914. Limitations

Nothing in this chapter shall be interpreted to limit the powers and duties of the department of health services.
A.R.S. § 36-2902 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2902
36-2902 Arizona health care cost containment system administration; director; compensation
Status: in_force

36-2902. Arizona health care cost containment system administration; director; compensation

A. There is established the Arizona health care cost containment system administration.

B. The administration shall be administered by a director appointed by the governor and confirmed by the senate.

C. The director of the administration is eligible to receive compensation pursuant to section 38-611.
A.R.S. § 36-778 — Arizona Code / Title 36 / Chapter 6 / Article 8 / Section 778
36-778 Proposition 204 protection account
Status: in_force

36-778. Proposition 204 protection account

(Caution:  1998 Prop. 105 applies)

A. The proposition 204 protection account is established consisting of monies deposited pursuant to section 36-770. The Arizona health care cost containment system administration shall administer the account.

B. The administration shall use account monies to implement and fund programs and services required as a result of the expanded definition of an eligible person prescribed in section 36-2901.01.

C. The administration shall spend the balance of monies in the account before it spends monies from the Arizona tobacco litigation settlement fund established by section 36-2901.02.
A.R.S. § 36-789 — Arizona Code / Title 36 / Chapter 6 / Article 9 / Section 789
36-789 Due process for isolation and quarantine during a state of emergency or state of war emergency
Status: in_force

36-789. Due process for isolation and quarantine during a state of emergency or state of war emergency

A. The department, or local health authority may isolate or quarantine a person or group of persons through a written directive without first obtaining a written order from the court if any delay in the isolation or quarantine of the person would pose an immediate and serious threat to the public health.  The directive shall:

1. Specify the identity of the person or persons subject to isolation or quarantine, the premises subject to isolation or quarantine, the date and time at which isolation or quarantine commences, the suspected highly contagious and fatal disease, if known, and that a state of emergency has been declared by the governor.

2. Be given to the person or persons to be isolated or quarantined.  If the directive applies to groups of persons and it is impractical to provide individual copies, it may be posted in a conspicuous place in the isolation or quarantine premises.

B. Within ten days after issuing the written directive, or when any delay in the isolation or quarantine of a person or group of persons will not pose an immediate and serious threat to the public health, the department or local health authority shall file a petition for a court order authorizing the initial or continued isolation or quarantine of a person or group of persons.  The petition shall specify the following:

1. The identity of the person or group of persons subject to isolation or quarantine.

2. The premises subject to isolation or quarantine.

3. The date and time at which isolation or quarantine commences.

4. The suspected contagious disease, if known.

5. A statement of compliance with the conditions and principles for isolation and quarantine.

6. A statement of the basis on which isolation or quarantine is justified pursuant to this article.

C. The petition must be accompanied by the sworn affidavit of the department or local health authority attesting to the facts asserted in the petition, together with any further information that may be relevant and material to the court's consideration.

D. Notice to a person or group of persons identified in a petition filed pursuant to subsection B of this section must be completed within twenty-four hours after filing the petition and in accordance with the rules of civil procedure.

E. A hearing must be held on a petition filed pursuant to this section within five days after filing of the petition. In extraordinary circumstances and for good cause shown, the department or local health authority may apply to continue the hearing date on a petition for not more than ten days.  If the court grants a continuance it must give due regard to the rights of the affected persons, the protection of the public's health, the severity of the emergency and the availability of necessary witnesses and evidence.

F. The court shall grant the petition if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to protect the public health.

G. A court order authorizing isolation or quarantine may do so for a period not to exceed thirty days.  The order must:

1. Identify the isolated or quarantined person or group of persons by name or shared or similar characteristics or circumstances.

2. Specify factual findings warranting isolation or quarantine pursuant to this article, including any conditions necessary to ensure that isolation or quarantine is carried out within the stated purposes and restrictions of this article.

3. Be served on an affected person or group of persons in accordance with the rules of civil procedure.

H. Before an isolation or quarantine order expires, the department or local health authority may move to continue the isolation or quarantine for an additional period not to exceed thirty days. The court shall grant the motion if, by a preponderance of the evidence, isolation or quarantine is shown to be reasonably necessary to protect the public health.

I. A person or group of persons isolated or quarantined pursuant to this section may apply to the court for an order to show cause why the person or group of persons should not be released.  The court must rule on the application to show cause within forty-eight hours after it is filed.  If the court grants the application, the court must schedule a hearing on the order to show cause within twenty-four hours after it issues the order to show cause.  The issuance of an order to show cause does not stay or enjoin an isolation or quarantine order.

J. A person isolated or quarantined pursuant to this section may request a court hearing regarding the person's treatment and the conditions of the quarantine or isolation.

K. On receiving a request for a hearing pursuant to subsection J of this section, the court must set a date for a hearing.  The hearing must take place within ten days after the court receives the request. The request for a hearing does not alter the order of isolation or quarantine. If the court finds that the isolation or quarantine of the person or group of persons does not comply with the requirements of this section or section 36-788, the court may provide remedies appropriate to the circumstances of the state of emergency, the rights of the individual and in keeping with the provisions of this article.

L. A record of the proceedings pursuant to this section shall be made and retained.  If, because of a state of emergency or state of war emergency declared pursuant to section 36-787, parties cannot personally appear before the court, the proceedings may be conducted by the authorized representatives of the parties and held by any means that allows all parties to fully participate.

M. The court shall appoint counsel at state expense to represent a person or group of persons who is subject to isolation or quarantine pursuant to this article and who is not otherwise represented by counsel. Representation by appointed counsel continues throughout the duration of the isolation or quarantine of the person or group of persons.  The department or local health authority must provide adequate means of communication between the isolated or quarantined persons and their counsel.

N. In any proceedings brought pursuant to this section, to promote the fair and efficient operation of justice and having given due regard to the rights of the affected persons, the protection of the public's health, the severity of the emergency and the availability of necessary witnesses and evidence, the court may order the consolidation of individual claims into groups of claims if:

1. The number of persons involved or to be affected is so large as to render individual participation impractical.

2. There are questions of law or fact common to the individual claims or rights to be determined.

3. The group claims or rights to be determined are typical of the affected person's claims or rights.

4. The entire group will be adequately represented in the consolidation.
A.R.S. § 36-302 — Arizona Code / Title 36 / Chapter 3 / Article 1 / Section 302
36-302 System of vital records; powers and duties of the state registrar
Status: in_force

36-302. System of vital records; powers and duties of the state registrar

A. The director of the department is the state registrar of vital records.

B. The state registrar of vital records shall:

1. Adopt rules to implement a statewide system of vital records pursuant to this chapter using the recommendations of the federal agency responsible for national vital statistics as guidelines subject to modification by the state registrar.

2. Administer and enforce this chapter and the rules adopted pursuant to this chapter and provide for the efficient administration of a statewide system of vital records.

3. Organize, operate and maintain the only system of vital records in this state.

4. Direct and supervise the creation and registration of vital records, electronically and physically, and be the custodian of vital records.

5. Establish registration districts throughout this state.

6. Appoint, direct and remove local registrars.

7. Prescribe and distribute forms required pursuant to this chapter and rules adopted pursuant to this chapter.

8. Prepare and issue copies of vital records.

9. Provide a means for the public to request a copy of a vital record and grant or deny the request according to criteria prescribed by rules adopted pursuant to this chapter.  These rules shall include eligibility criteria, proof of identity requirements and payment requirements to obtain the requested vital record.

10. Pursuant to section 16-165, transmit each month to the county recorder a record of the death of each resident of the county recorder's county who is at least sixteen years of age.

11. Determine acceptability and completeness of a certificate, evidentiary document or form submitted to the state registrar.

12. Investigate violations of this chapter and rules adopted pursuant to this chapter.

13. Report violations of this chapter and rules adopted pursuant to this chapter to the county attorney in the registration district in which the violation occurs or to the attorney general.

C. The state registrar may:

1. Appoint, in writing, one or more persons to serve as assistant state registrars with any or all powers and duties vested in the state registrar.

2. Appoint, direct and remove a deputy local registrar.

3. Inspect a registration district's certificates, evidentiary documents, forms or other information related to the system of vital records.

4. Establish quality control procedures that include on-site inspections and review of evidentiary documents, forms and other information used in the creation of vital records.

5. Consolidate or subdivide registration districts.
A.R.S. § 36-333.01 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 333.01
36-333.01 Late birth certificate registration
Status: in_force

36-333.01. Late birth certificate registration

If a completed birth certificate and evidentiary documents are submitted to a local registrar, a deputy local registrar or the state registrar for registration more than seven days but less than one year after the date of birth, the local registrar, deputy local registrar or state registrar shall register the birth certificate as a late birth certificate if the information on the birth certificate and evidentiary documents are accurate and complete, support the registration of the late birth certificate and are submitted pursuant to this chapter and rules adopted pursuant to this chapter.
A.R.S. § 36-255 — Arizona Code / Title 36 / Chapter 2 / Article 2 / Section 255
36-255 Reports by laboratory chief
Status: in_force

36-255. Reports by laboratory chief

A. Whenever the chief of the state laboratory finds that adulterated, mislabeled or misbranded food has been on sale in the state, he shall forthwith report the facts to the director of the department of health services.

B. The chief of the laboratory shall make an annual report to the director of the department of health services on or before July 1 each year upon adulterated, mislabeled or misbranded foods and liquids, including a list of examinations by him in which adulterants were found, the articles found mislabeled or misbranded and the names of the manufacturers, producers, jobbers and sellers of such adulterated, mislabeled or misbranded articles.
A.R.S. § 36-199.01 — Arizona Code / Title 36 / Chapter 1 / Article 7 / Section 199.01
36-199.01 Access to information; confidentiality; violation; classification
Status: in_force

36-199.01. Access to information; confidentiality; violation; classification

A. On request of the chairperson of the suicide mortality review team or a local team and as necessary to carry out the team's duties, the chairperson shall be provided, within five days excluding weekends and holidays, with access to information and records regarding a suicide that is being reviewed by the team.  The team may request the information and records from any of the following:

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

2. A health care insurer.

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

B. A law enforcement agency, with the approval of the prosecuting attorney, may withhold from a review team 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 died by suicide. 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 completing the review.  The review team may not keep written reports or records containing identifying information.

D. All information and records acquired by the suicide mortality 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 team pursuant to this article.

E. Members of a team, persons attending a team meeting and persons who present information to a 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 team or that is public information.

F. Pursuant to policies adopted by the suicide mortality review team, a member of the suicide mortality 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 died by suicide.  The suicide mortality review team or a local team must approve any contact, interview, request or subpoena before the team member contacts, interviews or obtains information from the family member of a deceased person who died by suicide.

G. Meetings of the suicide mortality 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 team is reviewing information on an individual who died by suicide.  All other 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. § 36-1646 — Arizona Code / Title 36 / Chapter 13 / Article 3.1 / Section 1646
36-1646 Smoke detectors; hotels and motels
Status: in_force

36-1646. Smoke detectors; hotels and motels

An approved smoke detector shall be installed in each guest unit in a motel or hotel which is not equipped with automatic fire extinguishing equipment.
A.R.S. § 36-3205 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3205
36-3205 Health care providers; immunity from liability; conditions
Status: in_force

36-3205. Health care providers; immunity from liability; conditions

A. A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive or the direction of a surrogate is immune from criminal and civil liability and is not subject to professional discipline for that reliance.

B. Health care provider acts and refusals to act made in reliance on the provisions of a health care directive or directions of a surrogate are presumed to be made in good faith. A court shall base a finding of an absence of good faith on information known to the provider and shall enter its finding only after it has made a determination of bad faith in written findings of fact based on clear and convincing evidence of improper motive. For the purposes of this subsection, "good faith" includes all health care decisions, acts and refusals to act based on a health care provider's reasonable belief of a patient's desires, a patient's best interest or the directives of a patient's surrogate if these decisions, acts or refusals to act are not contrary to the patient's express written directions in a valid health care directive.

C. A health care provider is not subject to criminal or civil liability or professional discipline for any of the following:

1. Failing to comply with a decision or a direction that violates the provider's conscience if the provider promptly makes known the provider's unwillingness and promptly transfers the responsibility for the patient's care to another provider who is willing to act in accordance with the agent's direction.

2. Failing to consult a patient with a disability or incapacitated patient's surrogate if the surrogate cannot be contacted after the health care provider has made a reasonable effort to do so or if an emergency situation does not provide the health care provider with sufficient time to locate and consult with the surrogate.

3. Relying on a court order concerning a patient.

4. A guardian's failure to comply with section 14-5303, subsection B relating to the requirement that the petition include a statement that the authority granted to the guardian may include the authority to withhold or withdraw life sustaining treatment, including artificial food and fluid.

D. This section does not relieve a health care provider from civil or criminal liability or prevent a provider from being subjected to professional disciplinary action for the provider's negligent treatment of a patient if the negligence is unrelated to the provider's reliance on a health care directive, directions from a surrogate or the recommendations of an institutional ethics committee pursuant to section 36-3231.
A.R.S. § 36-850.02 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 850.02
36-850.02 Organ transplant; discrimination; violation; civil action
Status: in_force

36-850.02. Organ transplant; discrimination; violation; civil action

A. If an individual believes that a health care provider or health care facility has violated or is violating section 36-850.01, the affected individual may commence a civil action for injunctive and other equitable relief against the health care provider or health care facility for the purposes of enforcing compliance with that section. The action may be brought in the superior court in the county where the affected individual resides or resided or was denied the organ transplant or referral.

B. In an action brought under this section, the court shall give the action priority on its docket and expedited review, and may grant injunctive or other equitable relief, including any of the following:

1. Requiring auxiliary aids or services to be made available for a qualified recipient.

2. Requiring the modification of a policy, practice or procedure of the health care provider or health care facility.

3. Requiring that health care facilities be made readily accessible to and usable by a qualified recipient.

C. This section does not limit or replace available remedies under the Americans with disabilities act of 1990, as amended (42 United States Code sections 12101 through 12213), or any other applicable law.

D. This section does not create a right to compensatory or punitive damages against a health care provider or health care facility.
A.R.S. § 36-847 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 847
36-847 Preclusive effect of anatomical gift, amendment or revocation
Status: in_force

36-847. Preclusive effect of anatomical gift, amendment or revocation

A. Except as otherwise prescribed in subsections G and H of this section and subject to the requirements of subsection F of this section, in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending or revoking an anatomical gift if the donor made an anatomical gift pursuant to section 36-844 or an amendment to an anatomical gift pursuant to section 36-845.

B. A donor's revocation of an anatomical gift pursuant to section 36-845 is not a refusal and does not bar another person specified in section 36-843 or 36-848 from making an anatomical gift pursuant to section 36-844 or 36-849.

C. If a person other than the donor makes an unrevoked anatomical gift pursuant to section 36-844 or an amendment to an anatomical gift pursuant to section 36-845, another person may not make, amend or revoke the gift pursuant to section 36-849.

D. A revocation of an anatomical gift pursuant to section 36-845 by a person other than the donor does not bar another person from making an anatomical gift pursuant to section 36-844 or 36-849.

E. In the absence of an express contrary indication by the donor or other person authorized to make an anatomical gift pursuant to section 36-843, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

F. In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift pursuant to section 36-843, an anatomical gift of a part for one or more of the purposes described in section 36-843 is not a limitation on the making of an anatomical gift of the part for any of the other purposes by the donor or any other person pursuant to section 36-844 or 36-849.

G. If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift.

H. If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.
A.R.S. § 36-3501.01 — Arizona Code / Title 36 / Chapter 35 / Article 1 / Section 3501.01
36-3501.01 Maternal mortality review program; committee; members; reports; compensation; definition
Status: in_force

36-3501.01. Maternal mortality review program; committee; members; reports; compensation; definition

A. The maternal mortality review program is established to evaluate the incidence, causes and preventability of pregnancy-associated deaths.  The program shall coordinate and facilitate case reviews by the maternal mortality review committee. In collaboration with the maternal mortality review program, the maternal mortality review committee shall produce prevention recommendations that aim to address the contributing factors that lead to preventable pregnancy-associated deaths.

B. The maternal mortality review program is composed of the maternal mortality review committee and the committee's staff. The director of the department of health services shall appoint the members of the committee.  The director or the director's designee shall serve as cochairperson of the committee. The committee shall elect a second cochairperson from the committee's membership.

C. The director of the department of health services shall appoint at least the following members of the maternal mortality review committee, one of whom is from a county with a population of less than five hundred thousand persons:

1. Two obstetricians who are licensed pursuant to title 32, chapter 13 or 17, at least one of whom is a maternal fetal medicine specialist.

2. A certified nurse midwife who is licensed pursuant to title 32, chapter 15.

3. A representative of a nonprofit organization that provides education, services or research related to maternal and child health.

4. A representative of an organization that represents hospitals in this state.

5. A behavioral health professional.

6. A domestic or interpersonal violence specialist.

7. A forensic pathologist or toxicologist.

8. An individual with personal or community-level experience in maternal health issues.

9. A representative from the Arizona health care cost containment system.

10. A representative from the department of child safety.

11. A representative from the Arizona perinatal trust.

12. A representative of Indian health services.

D. The maternal mortality review program shall:

1. Develop a data collection system for maternal fatalities.

2. Provide training to cooperating agencies and individuals on identification, review and dissemination processes.

3. On or before May 15 of each even-numbered year, produce a statistical report on the incidence and causes of pregnancy-related deaths in this state and submit a copy of this report, including the committee's recommendations for preventing maternal fatalities, to the governor, the president of the senate, the speaker of the house of representatives and the chairpersons of the health and human services committees of the house of representatives and the senate, or their successor committees.

4. Study the adequacy of statutes, ordinances, rules, training and services to determine the changes that are needed to decrease the incidence of preventable maternal fatalities.

E. Committee members are not eligible to receive compensation, but members appointed pursuant to subsection C of this section are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

F. For the purposes of this section, "pregnancy-associated death" means a death that occurred during pregnancy or within one year after the end of pregnancy.
A.R.S. § 36-2974 — Arizona Code / Title 36 / Chapter 29 / Article 3 / Section 2974
36-2974 Dual eligibles; qualifications for coverage; enrollment
Status: in_force

36-2974. Dual eligibles; qualifications for coverage; enrollment

A. For purposes of this section all contractors and program contractors are required to provide services to members.

B. For a member who is dually eligible the director may implement a policy permitting a choice of contractors or program contractors to the extent the director deems feasible consistent with the section 1115 waiver and federal law.  If the director does not implement a choice of contractor policy, the director may enroll the member, at the time eligibility is determined, with an available contractor or program contractor located in the geographic area of the member's residence.

C. The department shall assist the administration in the screening of all persons who are applying to become eligible pursuant to section 36-2901, paragraph 6, subdivision (a) and who are entitled to services under title XVIII but not title XVI of the social security act to determine if the person meets the eligibility criteria of this section. If a person is determined to be eligible pursuant to section 36-2901, paragraph 6, subdivision (a) and this article, the administration shall make the person dually eligible.  On determination of dual eligibility the administration shall enroll the person pursuant to this article and notify the person of the dual eligibility.

D. The administration shall screen all persons who are entitled to services under title XVIII of the social security act and who are applying to become eligible pursuant to section 36-2901, paragraph 6, subdivision (a), as prescribed by title XVI of the social security act or section 36-2931, paragraph 5, to determine if the person meets the eligibility criteria of this section. If a person is determined to be eligible pursuant to section 36-2901, paragraph 6, subdivision (a) or section 36-2931, paragraph 5 and this article, the administration shall make the person dually eligible.  On determination of dual eligibility by the administration, the administration shall enroll the person pursuant to this article and notify the person of the dual eligibility.

E. Calculation of income and resource eligibility requirements by the department and the administration pursuant to this section shall be in accordance with title XIX of the social security act, as amended.

F. Program contractors and contractors shall pay medicare deductibles, coinsurance and copayment amounts for services provided to dual eligibles pursuant to this article and as required by the administration for services that are provided by or under referral from a primary care physician or primary care practitioner.
A.R.S. § 36-495.09 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.09
36-495.09 Suspension, revocation or denial of license; hearing
Status: in_force

36-495.09. Suspension, revocation or denial of license; hearing

A. Pursuant to title 41, chapter 6, article 10, the director may deny, revoke or suspend the license of a laboratory if its owners, officers, agents or employees do any of the following:

1. Violate this chapter or rules adopted pursuant to this chapter.

2. Issue or cause to be issued a report on environmental laboratory work performed in another laboratory without designating the name and address of the laboratory that performed the work.

3. Commit a felony under the laws of any state or of the United States arising out of or in connection with the operation of a laboratory.  The record of conviction or a certified copy is conclusive evidence of conviction.

4. Knowingly aid, permit or abet the submission of false or inaccurate information required by this chapter or rules adopted pursuant to this chapter.

5. Violate the requirements for licensure of the laboratory pursuant to this chapter.

B. If the director reasonably believes that a violation of subsection A, paragraph 5 of this section has occurred and that the life or safety of the public is immediately affected, on written notice to the owner or director of the laboratory, the director may order the immediate termination of specific testing services, procedures or practices.

C. Except as provided in subsection B of this section and section 41-1092.11, subsection B, the director shall not suspend, revoke or deny a license without affording the licensee notice and an opportunity for a hearing as provided in title 41, chapter 6, article 10.

D. A person whose application for a license is denied by the director or who has been ordered pursuant to subsection B of this section to immediately terminate specific services, procedures or practices, at any time within thirty days after notice of the denial or order, may request in writing a hearing before the director or a person designated by the director to review the director's action.  The hearing shall be held within thirty days after the written request.

E. All hearings shall be held in accordance with title 41, chapter 6, article 10.
A.R.S. § 36-260 — Arizona Code / Title 36 / Chapter 2 / Article 3 / Section 260
36-260 Definitions
Status: in_force

36-260. Definitions

In this article, unless the context otherwise requires:

1. "Children who have a chronic illness or physical disability" means children who are under twenty-one years of age and whose primary diagnosis is a severe physical condition that may require ongoing, medical or surgical intervention.

2. "Department" means the department of health services.
A.R.S. § 36-448.55 — Arizona Code / Title 36 / Chapter 4 / Article 9 / Section 448.55
36-448.55 Medical staff; requirements; nursing care
Status: in_force

36-448.55. Medical staff; requirements; nursing care

A. A recovery care center shall have an organized medical staff responsible to the governing authority for the quality of medical care provided to patients and for the ethical and professional practices of its members. Subject to final action by the governing authority, the medical staff shall adopt bylaws and related procedures for the proper conduct of its activities. The medical staff of a recovery care center shall consist of two or more physicians.

B. A member of the medical staff shall admit patients to the recovery care center in accordance with medical staff bylaws, and patients shall be under the general care of a physician.

C. The medical staff is responsible for assuring the availability of physician services in the event of an emergency.

D. A recovery care center shall have an organized nursing service to provide nursing care to meet the needs of each patient. A recovery care center shall employ a registered nurse as director of nursing who is present at least forty hours each week when patients are in the facility. At least one registered nurse and one other nursing personnel shall be on duty at all times when there are patients in the facility. The nursing department shall be staffed at all times based on the number of patients and their health care needs. A staffing plan shall be maintained that includes individual staffing patterns for each nursing unit.
A.R.S. § 36-209 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 209
36-209 Reports by superintendent and director
Status: in_force

36-209. Reports by superintendent and director

A. At such time as the director designates, the superintendent shall submit to the director a report of the activities of the state hospital during the preceding fiscal year, including:

1. The number of patients received, conditionally discharged and discharged and voluntary patients treated.

2. Methods of treatment used and the results.

3. The total number, including the number of such persons who were committed on a voluntary and involuntary basis, of seriously mentally ill patients as defined in section 36-550 and the place to which each person was discharged.

4. Census data for treatment programs pursuant to sections  13-3992, 13-4512, 36-202.01 and 36-503.03.

5. A complete employment and personnel record.

6. The condition of existing equipment.

7. Recommendations for improvement of the institution.

8. Other matters required by the director or deemed advisable by the superintendent to present a complete description of the condition and activities of the hospital.

B. Not later than the fifteenth day of each month, the director shall prepare in duplicate a financial statement of the affairs of the state hospital, including:

1. The amounts appropriated for the current fiscal year for operation, maintenance and improvement.

2. The amount expended during the preceding calendar month.

3. The balance on hand.

4. The estimated expenditures for the current month.

5. An inventory report.

C. The original report and statements required by this section shall be filed with and retained as records of the director and duplicates filed with the director of the department of administration.

D. At such time as the director designates, the superintendent shall submit to the director a financial statement of the affairs of the state hospital during the preceding fiscal year in a form prescribed by the director of the department of administration.

E. By October 1 of each year, the director shall submit to the governor a comprehensive report of the activities of the state hospital during the preceding fiscal year, which shall include the annual reports of the superintendent, and shall contain:

1. An account of the work done.

2. Recommendations for improvements.

3. Financial statements that clearly reflect the origin and disposition of all monies that have come into the hands of the director or an employee through appropriations or otherwise.

F. The director shall make such supplemental reports as the governor or the legislature requests.

G. The annual report prescribed by subsection E of this section shall be published for the information of the public and five copies shall be delivered to the chief clerk of the house of representatives and the secretary of the senate, respectively, who shall keep them on file for the use of the members of each house.
A.R.S. § 36-694.01 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 694.01
36-694.01 Newborn screening program fund; use; exemption
Status: in_force

36-694.01. Newborn screening program fund; use; exemption

A. The newborn screening program fund is established. The department of health services shall administer the fund. The fund consists of fees collected pursuant to section 36-694 and gifts, grants and donations received by the department.

B. Subject to legislative appropriation, the department shall use fund monies to support the operation of the newborn screening program prescribed under section 36-694 and rules adopted under that section.

C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
A.R.S. § 36-4101 — Arizona Code / Title 36 / Chapter 41 / Article 1 / Section 4101
36-4101 Definitions
Status: in_force

36-4101. 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. "Trauma recovery center" means a treatment center that provides at least the following resources, treatments and recovery services to crime victims:

(a) Mental health services.

(b) Assertive community-based outreach and clinical case management.

(c) Coordination of care among medical and mental health care providers, law enforcement agencies and other social services.

(d) Services to family members of homicide victims.

(e) A multidisciplinary staff of clinicians that includes psychiatrists, psychologists and social workers and may include case managers and peer counselors.
A.R.S. § 36-2219.01 — Arizona Code / Title 36 / Chapter 21.1 / Article 1 / Section 2219.01
36-2219.01 Medical services enhancement fund
Status: in_force

36-2219.01. Medical services enhancement fund

A. A medical services enhancement fund is established consisting of monies collected pursuant to section 12-116.02. The state treasurer shall administer the fund.

B. On the first day of each month, the state treasurer shall distribute or deposit:

1. Fourteen and two-tenths per cent in the substance abuse services fund established pursuant to section 36-2005.

2. Forty-eight and nine-tenths per cent in the emergency medical services operating fund established pursuant to section 36-2218 of which at least eight per cent shall be used for personnel expenses, education, training and equipment purchases in cities or towns with a population of less than ninety thousand persons according to the most recent United States decennial census.

3. Twenty-two per cent in the spinal and head injuries trust fund established pursuant to section 41-3203.

4. Nine and four-tenths per cent in a separate account of the substance abuse services fund established by section 36-2005 for use in administering the provisions of section 36-141.

5. Five and five-tenths per cent in the state general fund.

C. Monies distributed pursuant to subsection B of this section constitute a continuing appropriation.
A.R.S. § 36-2804 — Arizona Code / Title 36 / Chapter 28.1 / Section 2804
36-2804 Registration and certification of nonprofit medical marijuana dispensaries
Status: in_force

36-2804. Registration and certification of nonprofit medical marijuana dispensaries

(Caution: 1998 Prop. 105 applies)

A. Nonprofit medical marijuana dispensaries shall register with the department.

B. Not later than ninety days after receiving an application for a nonprofit medical marijuana dispensary, the department shall register the nonprofit medical marijuana dispensary and issue a registration certificate and a random twenty-digit alphanumeric identification number if:

1. The prospective nonprofit medical marijuana dispensary has submitted the following:

(a) The application fee.

(b) An application, including:

(i) The legal name of the nonprofit medical marijuana dispensary.

(ii) The physical address of the nonprofit medical marijuana dispensary and the physical address of one additional location, if any, where marijuana will be cultivated, neither of which may be within five hundred feet of a public or private school, a child care facility or a facility that provides preschool programs existing before the date of the nonprofit medical marijuana dispensary application.

(iii) The name, address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary.

(iv) The name, address and date of birth of each nonprofit medical marijuana dispensary agent.

(c) Operating procedures consistent with department rules for oversight of the nonprofit medical marijuana dispensary, including procedures to ensure accurate recordkeeping and adequate security measures.

(d) If the city, town or county in which the nonprofit medical marijuana dispensary would be located has enacted zoning restrictions, a sworn statement certifying that the registered nonprofit medical marijuana dispensary is in compliance with the restrictions.

2. None of the principal officers or board members has been convicted of an excluded felony offense.

3. None of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked.

4. None of the principal officers or board members is under twenty-one years of age.

C. The department may not issue more than one nonprofit medical marijuana dispensary registration certificate for every ten pharmacies that have registered under section 32-1929, have obtained a pharmacy permit from the Arizona state board of pharmacy and operate within the state, except that the department may issue nonprofit medical marijuana dispensary registration certificates in excess of this limit if necessary to ensure that the department issues at least one nonprofit medical marijuana dispensary registration certificate in each county in which an application has been approved.

D. The department may conduct a criminal records check in order to carry out this section.
A.R.S. § 36-2160 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2160
36-2160 Abortion-inducing drugs; definition
Status: in_force

36-2160. Abortion-inducing drugs; definition

A. An abortion-inducing drug may be provided only by a qualified physician in accordance with the requirements of this chapter.

B. A manufacturer, supplier or physician or any other person is prohibited from providing an abortion-inducing drug via courier, delivery or mail service.

C. This section does not apply to drugs that may be known to cause an abortion but that are prescribed for other medical indications.

D. For the purposes of this section, "abortion-inducing drug" means a medicine or drug or any other substance used for a medication abortion.
A.R.S. § 36-336 — Arizona Code / Title 36 / Chapter 3 / Article 3 / Section 336
36-336 Adoption certificate
Status: in_force

36-336. Adoption certificate

A. For an adoption of a person born in this state, a state court shall submit to the state registrar an adoption certificate on a form approved by the state registrar or pursuant to a court order that includes:

1. Information required by rule about the adoptive father and adoptive mother.

2. Information required by rule about the child being adopted.

3. A statement by the court that the information on the adoption certificate is accurate.

4. The contact preference form prescribed in section 36-340.

B. For an adoption of a person born in this state and ordered by a court in another state, the state registrar shall accept an order for an adoption or an adoption certificate that contains the information in subsection A.

C. If a court modifies a court order for adoption, the state registrar shall follow the procedures in this chapter for amending a registered certificate.

D. By the tenth day of each month, a court in this state shall submit to the state registrar all adoption certificates, court orders for adoption and court orders for modification of adoption for the preceding month.

E. When the state registrar receives an adoption certificate, a court order for adoption, a change to a court order for adoption or an annulment of an adoption for a person born in another state, the state registrar shall send the document to the appropriate registration authority in the state where the person was born.
A.R.S. § 36-446.12 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.12
36-446.12 Fees
Status: in_force

36-446.12. Fees

A. The board by rule shall establish nonrefundable fees and penalties for the following for nursing care institution administrators:

1. Initial application.

2. Examination for licensure as a nursing care institution administrator.

3. A license as a nursing care institution administrator.

4. Renewing an active biennial license.

5. Renewing an inactive biennial license.

6. A temporary license as a nursing care institution administrator.

7. Readministering the state examination.

8. Readministering the national examination.

9. A duplicate license.

10. Late renewal of a license.

11. Certifying licensure status.

12. Reviewing the sponsorship of continuing education programs, for each credit hour.

13. Reviewing an individual's request for continuing education credit hours, for each credit hour.

B. The board shall prorate on a monthly basis fees paid for an initial license as a nursing care institution administrator.

C. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section.
A.R.S. § 36-3201 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3201
36-3201 Definitions
Status: in_force

36-3201. Definitions

In this chapter, unless the context otherwise requires:

1. "Agent" means an adult who has the authority to make health care treatment decisions for another person, referred to as the principal, pursuant to a health care power of attorney.

2. "Artificially administered" means providing food or fluid through a medically invasive procedure.

3. "Attending physician" means a physician who has the primary responsibility for a principal's health care.

4. "Comfort care" means treatment given in an attempt to protect and enhance the quality of life without artificially prolonging that life.

5. "Health care directive" means a document drafted in substantial compliance with this chapter, including a mental health care power of attorney, to deal with a person's future health care decisions.

6. "Health care power of attorney" means a written designation of an agent to make health care decisions that meets the requirements of section 36-3221 and that comes into effect and is durable as provided in section 36-3223, subsection A.

7. "Health care provider" means a natural person who is licensed under title 32, chapter 11, 13, 15, 17 or 25, a hospice as defined in section 36-401 that is licensed under chapter 4 of this title or an organization that is licensed under this title, that renders health care designed to prevent, diagnose or treat illness or injury and that employs persons licensed under title 32, chapter 11, 13, 15, 17 or 25.

8. "Inpatient psychiatric facility" means a hospital that contains an organized psychiatric services unit or a special hospital that is licensed to provide psychiatric services.

9. "Interested person" means the patient, a person listed under section 36-3231, subsection A, a health care provider directly involved in the patient's medical care or an employee of a health care provider.

10. "Living will" means a statement written either by a person who has not written a health care power of attorney or by the principal as an attachment to a health care power of attorney and intended to guide or control the health care treatment decisions that can be made on that person's behalf.

11. "Mental health care power of attorney" means a written designation of an agency to make mental health care decisions that meets the requirements of section 36-3281.

12. "Physician" means a doctor of medicine licensed pursuant to title 32, chapter 13 or doctor of osteopathic medicine licensed pursuant to title 32, chapter 17.

13. "Principal" means a person who is the subject of a health care power of attorney.

14. "Qualifying health information exchange organization" means a nonprofit health information organization as defined in section 36-3801 that is designated by the department of health services pursuant to section 36-3291 to operate the health care directives registry.

15. "Surrogate" means a person authorized to make health care decisions for a patient by a power of attorney, a court order or the provisions of section 36-3231.
A.R.S. § 36-751 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 751
36-751 Definitions
Status: in_force

36-751. Definitions

In this article, unless the context otherwise requires:

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

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

3. "Midwife" means a person who delivers a baby or provides health care related to pregnancy, labor, delivery and postpartum care of the mother and her infant.
A.R.S. § 36-712 — Arizona Code / Title 36 / Chapter 6 / Article 6 / Section 712
36-712 Administration by the department
Status: in_force

36-712. Administration by the department

The department shall:

1. Own and control all personal property or interest in that property that is devoted and used by the tuberculosis control officer for purposes of this article.

2. Be the official custodian of all files and records that belong to or were kept at the Arizona state sanatorium before the sanatorium was converted to a hospital for children with a physical disability.

3. Be the official state agency to receive for deposit in an appropriate account of the public health fund and administer and expend any funds granted, contributed or made available by the federal government, appropriated by the state or received from other sources for the treatment, prevention or control of tuberculosis. Such funds are subject to title 35, chapter 1, article 4 and periodic review by the joint legislative budget committee.