A.R.S. § 36-2610 — Arizona Code / Title 36 / Chapter 28 / Article 1 / Section 2610
36-2610 Prohibited acts; violation; classification
Status: in_force

36-2610. Prohibited acts; violation; classification

A. A person who is subject to this article and who fails to report required information pursuant to section 36-2608 is guilty of a class 2 misdemeanor.

B. A person who is subject to this article and who knowingly fails to report required information to the board in violation of section 36-2608 is guilty of a class 1 misdemeanor.

C. A person who is subject to this article and who knowingly reports information to the board that the person knows to be false or fraudulent is guilty of a class 6 felony.

D. A person who is granted access to the information maintained by the board as required by this article and who knowingly discloses the information in a manner inconsistent with a legitimate professional or regulatory purpose, a legitimate law enforcement purpose, the terms of a court order or as otherwise expressly authorized by this article is guilty of a class 6 felony.
A.R.S. § 36-2864 — Arizona Code / Title 36 / Chapter 28.2 / Section 2864
36-2864 Transaction privilege tax; use tax; additional taxes prohibited; exception
Status: in_force

36-2864. Transaction privilege tax; use tax; additional taxes prohibited; exception

(Caution:  1998 Prop. 105 applies)

A. For purposes of the transaction privilege tax and use tax levied and collected pursuant to title 42, chapters 5 and 6, marijuana and marijuana products are tangible personal property defined in section 42-5001 and are subject to the transaction privilege tax in the retail classification and use tax.

B. Except as provided in subsection A of this section and section 42-5452, this state and localities may not levy or collect additional taxes of any kind on the sale of marijuana or marijuana products and may not levy or collect any fees or assessments of any kind on the sale of marijuana or marijuana products or on the licensing, operations or activities of marijuana establishments or marijuana testing facilities, unless the fee or assessment is of general applicability to individuals or businesses that are not engaged in the sale of marijuana or marijuana products.

C. The prohibition imposed by subsection B of this section does not apply to uniform increases to the transaction privilege tax rate for the retail classification or use tax rate by this state or a locality or to uniform increases to fees or assessments allowed by subsection B of this section.
A.R.S. § 36-2005 — Arizona Code / Title 36 / Chapter 18 / Article 1 / Section 2005
36-2005 Substance abuse services fund; purpose; administration
Status: in_force

36-2005. Substance abuse services fund; purpose; administration

A. The substance abuse services fund is established. The fund shall consist of monies collected pursuant to section 12-116.02 and distributed pursuant to section 36-2219.01.

B. Subject to legislative appropriation, the Arizona health care cost containment system administration shall administer the fund and may expend monies in the fund for administration of the fund and for alcohol and other drug screening, education or treatment for persons who have been ordered by the court to attend pursuant to sections 5-395.01, 8-343, 28-1381, 28-1382 and 28-1383 and who do not have sufficient financial ability to pay. Monies deposited pursuant to section 36-2219.01, subsection B, paragraph 4 are subject to legislative appropriation and shall be accounted for separately for use in administering section 36-141.

C. Monies in the substance abuse services fund are exempt from the provisions of section 35-190 relating to lapsing appropriations.
A.R.S. § 36-2803 — Arizona Code / Title 36 / Chapter 28.1 / Section 2803
36-2803 Rulemaking; notice; testing of marijuana and marijuana products; fees
Status: in_force

36-2803. Rulemaking; notice; testing of marijuana and marijuana products; fees

(Caution:  1998 Prop. 105 applies)

A. The department shall adopt rules:

1. Governing the manner in which the department considers petitions from the public to add debilitating medical conditions or treatments to the list of debilitating medical conditions set forth in section 36-2801, paragraph 3, including public notice of, and an opportunity to comment in a public hearing on, petitions.

2. Establishing the form and content of registration and renewal applications submitted under this chapter.

3. Governing the manner in which the department considers applications for and renewals of registry identification cards.

4. Governing nonprofit medical marijuana dispensaries to protect against diversion and theft without imposing an undue burden on nonprofit medical marijuana dispensaries or compromising the confidentiality of cardholders, including:

(a) The manner in which the department considers applications for and renewals of registration certificates.

(b) Minimum oversight requirements for nonprofit medical marijuana dispensaries.

(c) Minimum recordkeeping requirements for nonprofit medical marijuana dispensaries.

(d) Minimum security requirements for nonprofit medical marijuana dispensaries, including requirements to protect each registered nonprofit medical marijuana dispensary location by a fully operational security alarm system.

(e) Procedures for suspending or revoking the registration certificate of nonprofit medical marijuana dispensaries that violate this chapter or the rules adopted pursuant to this section.

5. Establishing application and renewal fees for registry identification cards, nonprofit medical marijuana dispensary registration certificates and independent third-party laboratory certificates, according to the following:

(a) The total amount of all fees shall generate revenues that are sufficient to implement and administer this chapter, except that fee revenue may be offset or supplemented by private donations.

(b) Nonprofit medical marijuana dispensary application fees may not exceed $5,000.

(c) Nonprofit medical marijuana dispensary renewal fees may not exceed $1,000.

(d) The total amount of revenue generated from nonprofit medical marijuana dispensary application and renewal fees, registry identification card fees for nonprofit medical marijuana dispensary agents and independent third-party laboratory agents and application and renewal fees for independent third-party laboratories shall be sufficient to implement and administer this chapter, including the verification system, except that the fee revenue may be offset or supplemented by private donations.

(e) The department may establish a sliding scale of patient application and renewal fees that are based on a qualifying patient's household income and that are reasonable and related to the actual costs of processing applications and renewals.

(f) The department may consider private donations under section 36-2817 to reduce application and renewal fees.

B. The department of health services shall adopt rules that require each nonprofit medical marijuana dispensary to display in a conspicuous location a sign that warns pregnant women about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report. The rules shall include the specific warning language that must be included on the sign. The cost and display of the sign required by rule shall be borne by the nonprofit medical marijuana dispensary. The rules shall also require each certifying physician to attest that the physician has provided information to each qualifying female patient that warns about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report.

C. The department is authorized to adopt the rules set forth in subsections A and B of this section and shall adopt those rules pursuant to title 41, chapter 6.

D. The department of health services shall post prominently on its public website a warning about the potential dangers to fetuses caused by smoking or ingesting marijuana while pregnant or to infants while breastfeeding and the risk of being reported to the department of child safety during pregnancy or at the birth of the child by persons who are required to report.

E. Before selling or dispensing marijuana or marijuana products to registered qualified patients or registered designated caregivers, nonprofit medical marijuana dispensaries shall test marijuana and marijuana products for medical use to determine unsafe levels of contamination, including unsafe levels of microbial contamination, heavy metals, pesticides, fungicides, growth regulators and residual solvents and confirm the potency of the marijuana to be dispensed. The dried flowers of the marijuana plant are not required to be tested for residual solvents.  If a nonprofit medical marijuana dispensary's test results for heavy metals comply with the prescribed requirements for a period of six consecutive months, heavy metal testing for that dispensary's marijuana and marijuana products is required only on a quarterly basis.

F. Nonprofit medical marijuana dispensaries shall:

1. Provide test results to a registered qualifying patient or designated caregiver immediately on request.

2. Display in a conspicuous location a sign that notifies patients of their right to receive the certified independent third-party laboratory test results for marijuana and marijuana products for medical use.

G. The department shall adopt rules to certify and regulate independent third-party laboratories that analyze marijuana cultivated for medical use. The department shall establish certification fees for laboratories pursuant to subsection A of this section.  In order to be certified as an independent third-party laboratory that is allowed to test marijuana and marijuana products for medical use pursuant to this chapter, an independent third-party laboratory:

1. Must meet requirements established by the department, including reporting and health and safety requirements.

2. May not have any direct or indirect familial or financial relationship with or interest in a nonprofit medical marijuana dispensary or related medical marijuana business entity or management company, or any direct or indirect familial or financial relationship with a designated caregiver for whom the laboratory is testing marijuana and marijuana products for medical use in this state.

3. Must have a quality assurance program and standards.

4. Must have an adequate chain of custody and sample requirement policies.

5. Must have an adequate records retention process to preserve records.

6. Must establish procedures to ensure that results are accurate, precise and scientifically valid before reporting the results.

7. Must be accredited by a national or international accreditation association or other similar accrediting entity, as determined by the department.

8. Must establish policies and procedures for disposal and reverse distribution of samples that are collected by the laboratory.

H. Through December 31, 2022, the department may conduct proficiency testing and remediate problems with independent third-party laboratories that are certified and regulated pursuant to this chapter and marijuana testing facilities that are licensed and regulated pursuant to chapter 28.2 of this title.

I. Beginning January 1, 2023, the department shall conduct proficiency testing and remediate problems with independent third-party laboratories that are certified and regulated pursuant to this chapter and marijuana testing facilities that are licensed and regulated pursuant to chapter 28.2 of this title. The department may contract for proficiency testing with laboratories that have a national or international accreditation.

J. For the purposes of subsections H and I of this section, remediation may include assessing civil penalties and suspending or revoking a laboratory's certification or a marijuana testing facility's license.

K. The department shall adopt rules that prescribe reasonable time frames for testing marijuana and marijuana products.
A.R.S. § 36-550 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550
36-550 Definitions
Status: in_force

36-550. Definitions

In this article, unless the context otherwise requires:

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

2. "Community residential treatment system" means a statewide system of community-based residential treatment programs for the seriously mentally ill that provides a wide range of services as alternatives to institutionalization and in the least restrictive setting.

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

4. "Seriously mentally ill" means persons who as a result of a mental disorder as defined in section 36-501 exhibit emotional or behavioral functioning that is so impaired as to interfere substantially with their capacity to remain in the community without supportive treatment or services of a long-term or indefinite duration. In these persons mental disability is severe and persistent, resulting in a long-term limitation of their functional capacities for primary activities of daily living such as interpersonal relationships, homemaking, self-care, employment and recreation.
A.R.S. § 36-3292 — Arizona Code / Title 36 / Chapter 32 / Article 7 / Section 3292
36-3292 Filing requirements
Status: in_force

36-3292. Filing requirements

A. A person may submit to the health care directives registry, in a manner prescribed by the qualifying health information exchange organization, health care directives, including prehospital medical care directives and any amendments to or revocations of these documents.

B. The qualifying health information exchange organization shall establish a process for authenticating the identity of the person who submits a document to the health care directives registry.

C. Documents submitted pursuant to this section must be notarized or witnessed as prescribed by this chapter.
A.R.S. § 36-2806 — Arizona Code / Title 36 / Chapter 28.1 / Section 2806
36-2806 Registered nonprofit medical marijuana dispensaries; requirements; rules; inspections; testing
Status: in_force

36-2806. Registered nonprofit medical marijuana dispensaries; requirements; rules; inspections; testing

(Caution:  1998 Prop. 105 applies)

A. A registered nonprofit medical marijuana dispensary shall be operated on a not-for-profit basis.  The bylaws of a registered nonprofit medical marijuana dispensary shall contain such provisions relative to the disposition of revenues and receipts to establish and maintain its nonprofit character.  A registered nonprofit medical marijuana dispensary need not be recognized as tax-exempt by the internal revenue service and is not required to incorporate pursuant to title 10, chapter 19, article 1.

B. The operating documents of a registered nonprofit medical marijuana dispensary shall include procedures to oversee the registered nonprofit medical marijuana dispensary and procedures to ensure accurate recordkeeping.

C. A registered nonprofit medical marijuana dispensary shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.

D. A registered nonprofit medical marijuana dispensary is prohibited from acquiring, possessing, cultivating, manufacturing, delivering, transferring, transporting, supplying or dispensing marijuana for any purpose except to assist registered qualifying patients with the medical use of marijuana directly or through the registered qualifying patients' designated caregivers or an independent third-party laboratory agent or a certified independent third-party laboratory for the purposes prescribed in this chapter and department rule.

E. All cultivation of marijuana must take place in an enclosed, locked facility, at a physical address provided to the department during the registration process, that can be accessed only by registered nonprofit medical marijuana dispensary agents associated in the registry with the nonprofit medical marijuana dispensary.

F. A registered nonprofit medical marijuana dispensary may acquire usable marijuana or marijuana plants from a registered qualifying patient or a registered designated caregiver only if the registered qualifying patient or registered designated caregiver receives no compensation for the marijuana.

G. A nonprofit medical marijuana dispensary shall not allow any person to consume marijuana on the property of the nonprofit medical marijuana dispensary.

H. Registered nonprofit medical marijuana dispensaries are subject to reasonable inspection by the department.  The department may visit and inspect a nonprofit medical marijuana dispensary at any time during regular hours of operation as necessary to determine whether the dispensary complies with this chapter and the rules adopted pursuant to this chapter.  The department shall make at least one unannounced visit annually to each nonprofit medical marijuana dispensary that is registered pursuant to this chapter.

I. Registered nonprofit medical marijuana dispensaries are subject to product testing by certified independent third-party laboratories pursuant to this chapter and rules adopted pursuant to this chapter.

J. Notwithstanding title 13, chapter 34, an employee of the department or an independent third-party laboratory agent may not be charged with or prosecuted for possession of marijuana that is cultivated for medical use as required by this chapter and the rules adopted pursuant to this chapter.
A.R.S. § 36-3281 — Arizona Code / Title 36 / Chapter 32 / Article 6 / Section 3281
36-3281 Mental health care power of attorney; scope; definition
Status: in_force

36-3281. Mental health care power of attorney; scope; definition

A. An adult, known as the principal, pursuant to section 36-3282 may designate another adult or adults, known as the agent, to act as an agent and to make mental health care decisions on that person's behalf. The principal may also designate an alternate adult or adults to act as agent if the original designated agent or agents are unwilling or unable to act.

B. An agent under section 36-3283 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable. If an adult does not have a mental health care power of attorney pursuant to this section, an agent with a health care power of attorney under section 36-3221 may make decisions about mental health treatment on behalf of the principal if the principal is found incapable, except as provided in section 36-3283, subsection F. These decisions shall be consistent with any wishes the principal has expressed in the mental health care directive, mental health care power of attorney, health care power of attorney or other advance directive.

C. An agent shall not be a person who is directly involved with the provision of health care to the principal at the time the mental health care power of attorney is executed.

D. For the purposes of this section, "incapable" means that in the opinion of a physician who is licensed pursuant to title 32, chapter 13 or 17 and who is a specialist in neurology or psychiatry or a psychologist who is licensed pursuant to title 32, chapter 19.1, a person lacks the ability to give informed consent as defined in section 36-501.
A.R.S. § 36-544 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 544
36-544 Unauthorized absences; violation; classification; tolling period; hearing; civil liability; definition
Status: in_force

36-544. Unauthorized absences; violation; classification; tolling period; hearing; civil liability; definition

A. When any patient who is being evaluated or treated is absent without proper authorization from an evaluation agency or a mental health treatment agency, or when an order for outpatient treatment is rescinded, any peace officer shall, upon oral or written request of the medical director of the agency and without the necessity of a warrant or court order, or any officer or employee of the agency who has been previously designated in writing by the medical director of the agency to perform such duties may, take into custody and deliver such patient to the agency. Such officers and employees of the agency have the powers and duties of peace officers so far as is necessary to carry out the provisions of this section. If necessary, the evaluation or treatment agency may apply to the court for a warrant or court order directing any peace officer to take a patient who is absent without proper authorization into custody and deliver the patient to the agency.

B. Any person who intentionally assists any patient being evaluated or treated in an agency to be absent from the agency without proper authorization, or who intentionally assists a patient whom he knows to be absent without proper authorization or whom he knows to be a patient whose order for outpatient treatment has been rescinded and who has been ordered to return to the agency, or to resist being returned to the agency after such absence is guilty of a class 2 misdemeanor.

C. The period of court-ordered treatment is tolled during the unauthorized absence of the patient.  Within five days after a patient's unauthorized absence, the treatment agency shall file a notice with the court and provide the date that absence began and request that the treatment order be tolled. If the court tolls the period of court-ordered treatment, notice of the order must be provided to the patient by regular mail at the patient's last known address. If the patient is undergoing treatment as a result of a remand pursuant to section 13-4517, notice must also be provided to the prosecuting attorney.  The treatment agency shall notify the court of the date of the patient's return.  On notice of the patient's return, the court shall issue an order that provides the time period that was tolled.

D. A patient whose period of court-ordered treatment is tolled for a period of at least sixty continuous days may request a judicial review pursuant to section 36-546 on the patient's voluntary or involuntary return to treatment.  During the period tolled by a court order issued pursuant to this section, the treatment agency shall use information and other resources that are available to the agency to facilitate efforts to locate and return the patient to appropriate treatment. At least once every sixty days, or as often as otherwise ordered by the court, the treatment agency shall file with the court a report that specifies the information and resources that were used by the agency to facilitate the agency's efforts. After the period of treatment is tolled for a period of one hundred eighty days, if the court is satisfied that the agency has made the efforts that are required by this subsection, on petition of the treatment agency, the court may terminate the order for treatment or may order the treatment agency to make further specific efforts to locate and return the patient to appropriate treatment. For a patient who has had a petition filed by a prosecutor pursuant to section 13-4517, the treatment agency shall provide notice to the prosecuting agency of the petition to terminate treatment.

E. The period of treatment under a court order may not be tolled for more than three hundred sixty-five days.

F. If the treatment agency has in good faith followed the requirements of this section, the treatment agency is not liable in a civil action for damages that result from the actions of a patient during any period of treatment tolled by an order issued pursuant to this section.

G. For the purposes of this section, "absent without proper authorization" or "unauthorized absence" includes being absent from an inpatient treatment facility without authorization, no longer living in a placement or residence specified by the treatment plan without authorization and leaving or failing to return to the county or state without authorization.
A.R.S. § 36-192 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 192
36-192 County health departments; naloxone kits
Status: in_force

36-192. County health departments; naloxone kits

The department and the Arizona health care cost containment system shall continue to distribute naloxone kits as necessary.  In addition, a county health department may provide to a person who is at risk of experiencing or who is experiencing an opioid-related overdose a kit that contains naloxone hydrochloride or any other opioid antagonist that is approved by the United States food and drug administration for the treatment of a drug overdose.
A.R.S. § 36-849 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 849
36-849 Manner of making, amending or revoking anatomical gift of decedent's body or part
Status: in_force

36-849. Manner of making, amending or revoking anatomical gift of decedent's body or part

A. A person who is authorized to make an anatomical gift pursuant to section 36-848 may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or that is contemporaneously reduced to a record and that is signed by the individual receiving the oral communication.

B. Subject to the requirements of subsection C of this section, an anatomical gift by a person who is authorized pursuant to section 36-848 may be amended or revoked orally or in a record by any member of a prior class who is reasonably available.  If more than one member of the prior class is reasonably available, the gift made by a person authorized pursuant to section 36-848 may be either:

1. Amended only if a majority of the reasonably available members agree to the amending of the gift.

2. Revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

C. A revocation pursuant to subsection B of this section is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, physician or technician knows of the revocation.
A.R.S. § 36-3001 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3001
36-3001 Definitions
Status: in_force

36-3001. Definitions

In this chapter, unless the context otherwise requires:

1. "Administration" means the community services administration in the department of economic security.

2. "Domestic violence" means attempting to cause or causing bodily injury to a family or household member or placing a family or household member by threat of force in fear of imminent physical harm.

3. "Domestic violence service provider" means a facility whose primary purpose is to provide services to family or household members who are victims of domestic violence, including:

(a) Shelter for victims of domestic violence.

(b) Domestic violence victim advocacy.

(c) Other support services for domestic violence victims.

4. "Family or household member" means a spouse, a former spouse, a parent, a child or another adult person related by consanguinity or affinity who is residing or has resided or has a child or children in common with the person committing the domestic violence and dependents of such persons.

5. "Fund" means the domestic violence services fund.

6. "Program administrator" means the program administrator of the community services administration in the department of economic security.

7. "Shelter for victims of domestic violence" or "shelter" means a facility providing temporary residential service or facilities to family or household members who are victims of domestic violence.
A.R.S. § 36-184 — Arizona Code / Title 36 / Chapter 1 / Article 4 / Section 184
36-184 Boards of health of local health departments; organization; meetings; powers and duties
Status: in_force

36-184. Boards of health of local health departments; organization; meetings; powers and duties

A. The board of health of each county health department shall meet and elect from among its members a president and vice-president, and adopt rules not inconsistent with law for its procedure. The director of the local health department shall serve as secretary of the board. The board shall hold an annual meeting in July each year at which officers shall be elected for the ensuing year.  Monthly and special meetings may be held on the call of the president, the director or any two members. A majority of the members constitutes a quorum. Members who fail to attend three consecutive meetings shall be considered as resigned from the board, but the board may, for good cause, grant leaves of absence to its members.

B. The board shall:

1. Advise the director and request from the director information it deems necessary.

2. Keep minutes of all meetings of the board.

3. Make rules and regulations, not inconsistent with the rules and regulations of the department of health services, for the protection and preservation of public health.

4. Advise the board of supervisors regarding suitable offices, facilities and equipment for the health department.

5. Recommend rules and regulations to the respective county boards of supervisors for adoption and enforcement in their respective counties.

C. This article does not authorize a county health department or any of its officers or representatives to impose on any person any mode of treatment against that person's will, or any examination inconsistent with the creed or tenets of any religious denomination of which the person is an adherent, provided that the person complies with sanitary and quarantine laws, rules and regulations.
A.R.S. § 36-909 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 909
36-909 Samples or specimens
Status: in_force

36-909. Samples or specimens

The director may obtain such samples or specimens as he requires for the purpose of pure food control. The chief of the state laboratory shall make or cause to be made examinations of samples secured to determine whether any provision of this article is being violated.
A.R.S. § 36-159 — Arizona Code / Title 36 / Chapter 1 / Article 2.1 / Section 159
36-159 Authorized court action to collect fees
Status: in_force

36-159. Authorized court action to collect fees

The department and county departments may maintain legal action through the attorney general or county attorney for the collection of fees charged for home health services which have been rendered to any person or agency.
A.R.S. § 36-2907.05 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.05
36-2907.05 Primary care programs; definition
Status: in_force

36-2907.05. Primary care programs; definition

A. Subject to the availability of monies, the administration shall enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 with the department of health services to establish community based primary care programs to contract with providers to provide comprehensive primary care services to low-income at-risk residents of this state and to provide primary care services to indigent or uninsured Arizonans. The department may contract with public and nonprofit private entities to provide primary health care services through mobile medical clinics to indigent or uninsured Arizonans in rural areas as defined in section 36-2171 or in medically underserved areas as prescribed by section 36-2352.

B. The community based primary care programs as established pursuant to this section shall include at least the following:

1. Outreach services that are designed to identify individuals in need.

2. Comprehensive primary care services that are provided in community sites including well child care, immunizations, treatment of minor illnesses and health education and referral.

3. Tracking and follow-up services to assist individuals in obtaining care that is not available through the primary care programs.

C. As a condition of receiving a contract, each community based primary care program shall agree to submit information that is required to conduct program evaluations pursuant to section 36-2907.07.

D. The community based primary care programs as established pursuant to this section may provide, subject to available funding, the following services:

1. Medical care provided through licensed primary care physicians and licensed mid-level providers.

2. Diagnostic laboratory or imaging services that are necessary to complete preliminary diagnosis and treatment, including referral services.

3. Pharmacy services that are necessary to initiate treatment, including referral services.

4. Preventive health services.

5. Preventive dental services.

E. The community based primary care programs shall be administered directly by the department of health services. Contracts established pursuant to subsection A of this section shall be signed by the department and the contractor before the transmission of any tobacco tax and health care fund monies to the contractor.

F. If the department of health services enters into a contract with a mobile medical clinic to provide services pursuant to subsection A of this section, the mobile medical clinic shall provide at least the following:

1. Medical care provided through licensed primary care physicians and licensed mid-level providers.

2. Comprehensive primary care services including well woman care, well child care, immunizations, treatment of minor illnesses and health education and referral.

3. Prenatal care services.

4. Diagnostic laboratory and imaging services that are necessary to complete a diagnosis and treatment, including referral services.

5. Pharmacy services that are necessary to complete treatment, including referral services.

6. Outreach services that are designed to identify persons in need.

7. Tracking and follow-up services to assist persons to obtain care that is not available through the primary care programs.

8. Community development activities to assist communities in organizing to work with school health systems, the public health department and other health partners.

9. Community development activities to assist communities in establishing means to provide permanent health care services, including community clinics.

G. As a condition of receiving a contract, each mobile medical clinic shall agree to submit information that is required to conduct program evaluations pursuant to section 36-2907.07 and to display on the mobile medical clinic wording that identifies the source of funding.

H. The department of health services shall directly administer any contracts entered into with mobile medical clinics pursuant to subsection A of this section. Contracts established pursuant to subsection A of this section shall be signed by the department and the contractor before transmitting any tobacco tax and health care fund monies to the contractor.

I. The department of health services may give preference to mobile medical clinics that have a history of delivering primary care services in conjunction with community development.

J. For the purposes of this section, "mid-level provider" means a physician assistant as defined in section 32-2501, a registered nurse practitioner as defined in section 32-1601 or a registered nurse practitioner who is certified by the state board of nursing as a qualified nurse midwife.
A.R.S. § 36-2930.06 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2930.06
36-2930.06 Substance use disorder services fund; AHCCCS administration; use of monies
Status: in_force

36-2930.06. Substance use disorder services fund; AHCCCS administration; use of monies

A. The substance use disorder services fund is established consisting of monies appropriated to the fund, any gifts or donations to the fund and interest earned on those monies. The director shall administer the fund.

B. Monies in the fund:

1. Do not revert to the state general fund.

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

3. Are continuously appropriated.

C. The administration shall enter into agreements with one or more contractors for substance use disorder services using monies from the substance use disorder services fund.  In addition to terms and conditions the director deems appropriate, the agreement between the administration and each contractor shall require that:

1. The monies allocated in the agreement not be used for persons who are eligible under title XIX or title XXI of the social security act.  Preference shall be given to persons with lower household incomes.

2. The contractor coordinate benefits provided under this section with any third parties that are legally responsible for the cost of services.

3. The contractor make payments to providers based on contracts with providers or, in the absence of a contract, at the capped fee schedule established by the administration.

4. The contractor submit expenditure reports monthly in a format determined by the director for reimbursement of services provided under the agreement. The agreement may also provide for additional reimbursement for administering the agreement in an amount not to exceed eight percent of the expenditures for services.

5. The administration not be held financially responsible to the contractor for any costs incurred by the contractor in excess of the monies allocated in the agreement.

D. The system shall act as payor of last resort for persons who are eligible pursuant to this section.  On receipt of services under this section, a person is deemed to have assigned to the system all rights to any type of medical benefit to which the person is entitled.

E. This section does not:

1. Establish an entitlement for any individual to receive any particular service.

2. Establish a duty on the part of the administration to provide services or spend monies in excess of the monies in the fund.
A.R.S. § 36-1471 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1471
36-1471 Definitions
Status: in_force

36-1471. Definitions

In this article, unless the context otherwise requires:

1. "Area of operation" means the area within the territorial boundaries of the municipality.

2. "Blighted area" means an area, other than a slum area, where sound municipal growth and the provision of housing accommodations is substantially retarded or arrested in a predominance of the properties by any of the following:

(a) A dominance of defective or inadequate street layout.

(b) Faulty lot layout in relation to size, adequacy, accessibility or usefulness.

(c) Unsanitary or unsafe conditions.

(d) Deterioration of site or other improvements.

(e) Diversity of ownership.

(f) Tax or special assessment delinquency exceeding the fair value of the land.

(g) Defective or unusual conditions of title.

(h) Improper or obsolete subdivision platting.

(i) The existence of conditions that endanger life or property by fire and other causes.

3. "Bonds" means any bonds, including refunding bonds, notes, interim certificates, debentures or other obligations.

4. "Clerk" means the clerk or other official of the municipality who is the custodian of the official records of the municipality.

5. "Commission" or "slum clearance and redevelopment commission" means an agency of a municipality created pursuant to section 36-1476.

6. "Federal government" includes the United States or any agency or instrumentality, corporate or otherwise, of the United States.

7. "Local governing body" means the council or other legislative body charged with governing the municipality.

8. "Mayor" means the mayor of a municipality or other officer or body having the duties customarily imposed upon the executive head of a municipality.

9. "Municipality" means any incorporated city or town in the state.

10. "Obligee" includes any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with a redevelopment project, or any assignee or assignees of a lessor's interest or any part thereof, and the federal government when it is a party to any contract with the municipality.

11. "Person" means any individual, firm, partnership, corporation, company association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

12. "Public body" means the state or any municipality, county, village, board, commission, authority, district or any other subdivision or public body of the state.

13. "Real property" includes all lands, including improvements and fixtures on the land, and property of any nature appurtenant to the land, or used in connection with the land, and every estate, interest and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by the liens.

14. "Redeveloper" means any person, partnership or public or private corporation or agency which enters or proposes to enter into a redevelopment contract.

15. "Redevelopment contract" means a contract entered into between a municipality and a redeveloper for the redevelopment of an area in conformity with a redevelopment plan.

16. "Redevelopment plan" means a plan, other than a preliminary or tentative plan, for the acquisition, clearance, reconstruction, rehabilitation or future use of a redevelopment project area.

17. "Redevelopment project":

(a) Means any work or undertaking:

(i) To acquire slum or blighted areas or portions of these areas and lands, structures or improvements, the acquisition of which is necessary or incidental to the proper clearance or redevelopment of these areas or to the prevention of the spread or recurrence of slum conditions or conditions of blight in the area.

(ii) To clear any areas by demolition or removal of existing buildings, structures, streets, utilities or other improvements thereon and to install, construct or reconstruct streets, utilities and site improvements essential to the preparation of sites for uses in accordance with a redevelopment plan.

(iii) To sell, lease or otherwise make available land in areas for residential, recreational, commercial, industrial or other use or for public use or to retain land for public use, in accordance with a redevelopment plan.

(b) Includes the preparation of a redevelopment plan, the planning, surveying and other work incident to a redevelopment project and the preparation of all plans and arrangements for carrying out a redevelopment project.

18. "Slum area" means an area in which both of the following are true:

(a) There is a predominance of buildings or improvements, whether residential or nonresidential.

(b) The public health, safety or welfare is threatened because of any of the following:

(i) Dilapidated, deteriorated, aging or obsolescent buildings or improvements.

(ii) The inadequate provision for ventilation, light, air, sanitation or open spaces.

(iii) Overcrowding.

(iv) The existence of conditions that endanger life or property by fire and other causes.
A.R.S. § 36-911 — Arizona Code / Title 36 / Chapter 8 / Article 1 / Section 911
36-911 Enforcement regulations; decisions; appeal
Status: in_force

36-911. Enforcement regulations; decisions; appeal

A. The director may make regulations to enforce the provisions of this article which shall conform insofar as practicable with those promulgated under the federal act. The director may adopt a manual of procedures governing his operation.

B. All decisions rendered by the director, pursuant to the applicable law and regulations, shall be in writing and filed in the office of the department of health services. Notice of such decisions shall be given to the affected person by registered mail with return receipt requested. If no appeal is taken within the time provided by law, the decision of the director shall be final.
A.R.S. § 36-2820 — Arizona Code / Title 36 / Chapter 28.1 / Section 2820
36-2820 Use of outside counsel
Status: in_force

36-2820. Use of outside counsel

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

Notwithstanding section 41-192, the department may employ legal counsel and make an expenditure or incur an indebtedness for legal services to implement, advise on or defend this chapter, chapter 28.2 or the rules adopted pursuant to this chapter or chapter 28.2.
A.R.S. § 36-897.12 — Arizona Code / Title 36 / Chapter 7.1 / Article 4 / Section 897.12
36-897.12 Inspection of records
Status: in_force

36-897.12. Inspection of records

A. Records maintained by the department for child care group homes are available to the public for review and copying.

B. Personally identifiable information that relates to a child, parent or guardian is confidential.  The department shall disclose this information only as follows:

1. Pursuant to a court order.

2. Pursuant to a written consent signed by the parent or guardian.

3. To a law enforcement officer who requires it for official purposes.

4. To an official of a governmental agency who requires it for official purposes.

C. The department shall enter into the child care group home's case file, contiguous to the form containing the reported violations, those documents that verify correction of reported violations.
A.R.S. § 36-4202 — Arizona Code / Title 36 / Chapter 42 / Article 1 / Section 4202
36-4202 Licensure; standards; civil penalties; use of title
Status: in_force

36-4202. Licensure; standards; civil penalties; use of title

A. The director shall adopt rules to establish minimum standards and requirements for the licensure of transitional housing facilities in this state necessary to ensure the public health, safety and welfare.  The standards shall include:

1. A requirement that each transitional housing facility develop policies and procedures to promote reentry of individuals into society after incarceration by requiring the individuals to participate in treatment, self-help groups or other community support.

2. Policies requiring abstinence from alcohol and illicit drugs.

3. A requirement that each transitional housing facility develop policies and procedures to allow individuals who are on medication or medication-assisted treatment to continue to receive this medication or treatment while living in the transitional housing facility.

4. A policy that ensures individuals are informed of all transitional housing facility rules and agreements.

5. A policy that requires each resident to complete a housing agreement outlining the rules of the living arrangement within the transitional housing facility, the length of stay and reasons the individual can be discharged from the transitional housing facility.

6. Policies and procedures that require each transitional housing facility to maintain an environment that promotes the safety of the surrounding neighborhood and the community at large.

7. Policies and procedures for discharge planning of persons living in the transitional housing facility that do not negatively impact the surrounding community.

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

9. A requirement that each transitional housing facility post a statement of individual rights that includes the right to file a complaint about the transitional housing facility or provider and information about how to file a complaint.

10. Policies regarding the maintenance of transitional housing facilities, including the installation of functioning smoke detectors, carbon monoxide detectors and fire extinguishers and compliance with local fire codes.

11. Policies and procedures that prohibit a transitional housing facility owner, employee or administrator from requiring an individual to sign any document for the purpose of relinquishing the individual's public assistance benefits, including medical assistance benefits, cash assistance and supplemental nutrition assistance program benefits.

12. Policies and procedures for managing complaints about transitional housing facilities.

13. Requirements for notifying an individual's family member or other emergency contact as designated by the individual under certain circumstances, including death.

B. A person or organization operating a transitional housing facility in this state that has failed to attain or maintain licensure of the transitional housing facility shall pay a civil penalty of up to $1,000.

C. To receive and maintain licensure, a transitional housing facility must comply with all federal, state and local laws, including the Americans with disabilities act of 1990 (P.L. 101-336; 104 Stat. 327).

D. A treatment facility that is licensed by the department to treat behavioral health, mental health, substance use or co-occurring disorders may be located on the same campus as a transitional housing facility.  The transitional housing facility shall be separately licensed pursuant to this article.

E. Once the director adopts the minimum standards and requirements for licensure as required by subsection A of this section and the rules required by section 36-4204, a person or organization may not establish, conduct or maintain in this state a transitional housing facility unless that person or organization holds a current and valid license issued by the department. The license is valid only for the establishment, operation and maintenance of a transitional housing facility. The licensee may not:

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

2. Transfer or assign the license.  A license is valid only for the premises occupied by the transitional housing facility at the time of the issuance of the license.
A.R.S. § 36-697 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 697
36-697 Health start program; administration
Status: in_force

36-697. Health start program; administration

A. Subject to appropriated monies the health start program is established in the department of health services. The program shall serve pregnant women, children and their families. The program shall be statewide, based in identified neighborhoods and delivered by lay health workers through prescheduled home visits or prescheduled group classes that begin before the child's birth or during the postnatal period and that may continue until the child is two years of age. The department shall establish the criteria to be used in evaluating communities and neighborhoods to be served by competing program proposals. The evaluation criteria shall include at a minimum a high incidence of the following:

1. Inadequate prenatal care.

2. Inadequate infant health care.

3. Infants who at birth weigh less than one thousand five hundred grams and who require more than seventy-two hours of neonatal intensive care.

4. Inadequate early childhood immunizations.

B. The department shall establish at a minimum the following goals for the program:

1. Reduce the incidence of infants who at birth weigh less than one thousand five hundred grams and who require more than seventy-two hours of neonatal intensive care.

2. Reduce the incidence of children affected by childhood diseases.

3. Increase the number of children receiving age appropriate immunizations by two years of age.

4. Increase awareness by educating families:

(a) On the importance of good nutritional habits to improve the overall health of their children.

(b) On the need for developmental assessments to promote the early identification of learning disabilities, physical disabilities or behavioral health needs.

(c) Of the benefits of preventative health care and the need for screening examinations such as hearing and vision.

5. Increase prenatal care services to pregnant women.

C. The department shall:

1. Develop program criteria and staff training requirements.

2. Contract with local private and public agencies to recruit and train lay health workers.

3. Enter into interagency agreements to maximize funding for the program.

4. Distribute the Arizona children and families resource directory compiled under section 36-698 to hospitals for distribution to the families of any newly born child in order to help them answer questions concerning early childhood development.

5. Link program participants to programs that reduce illiteracy, reduce dependency on welfare, encourage employment, encourage self-sufficiency and encourage community involvement by program participants through community service, employment or participation in religious or social organizations.

6. Develop employment guidelines for program personnel that include background checks for those personnel who will have direct contact with pregnant women or families or who will have access to program participant records.

D. The program, through lay health workers, shall:

1. Identify, screen and enroll pregnant women in the lay health worker's neighborhood or community.

2. Inform program participants of how to receive prenatal care services.

3. Assist program participants to access appropriate prenatal care.

4. Educate program participants on appropriate prenatal and neonatal care, preventative health care and child wellness, including appropriate nutritional habits to improve the overall health of their children.

5. Assist and encourage program participants to provide age appropriate immunizations so that their children are fully immunized by two years of age.

6. Provide participants with a list of local private, both nonprofit and for profit, providers and governmental agencies providing the services included in paragraphs 1 through 5 of this subsection.

E. Program services shall not be provided under this section unless:

1. Participation in the program is initiated in response to a request by a potential program participant.

2. A verbal explanation of the program is provided to program participants including an explanation of the rights and responsibilities of both the participant and the program provider.

3. The written, informed consent of the program participants is received. The consent form shall include at least a clear description of the program including the activities and information to be provided by the program during prescheduled home visits or prescheduled group classes, the number of expected home visits and prescheduled group classes, the right of program participants to terminate participation in the program at any time, any responsibilities of the program participants, a statement that a record will be made and maintained of the visits and sessions and may be available in future court proceedings, and any other information that is necessary to convey to the program participants a clear understanding of the program.

4. If the contact occurs at the primary residence of the potential program participant, program personnel do not enter the residence during the initial contact without that person's permission.

F. If the potential program participant is a minor living with the minor's parent or guardian, home visits shall not be provided under this section without the additional written consent of the parent or guardian.

G. Program participants have access to the records on their own family at all times and have the right to correct any inaccurate information included in the records. Records, except for nonidentifiable demographic characteristics, shall be destroyed five years after the participant's last involvement in the program. Program records are not available to other government agencies or programs in the department without specific prior written consent by the program participant for the release of information in the program participant's records.
A.R.S. § 36-2152 — Arizona Code / Title 36 / Chapter 20 / Article 1 / Section 2152
36-2152 Parental consent; exception; hearings; time limits; violations; classification; civil relief; statute of limitations
Status: in_force

36-2152. Parental consent; exception; hearings; time limits; violations; classification; civil relief; statute of limitations

A. In addition to the other requirements of this chapter, a person shall not knowingly perform an abortion on a pregnant unemancipated minor unless the attending physician has secured the written and notarized consent from one of the minor's parents or the minor's guardian or conservator or unless a judge of the superior court authorizes the physician to perform the abortion pursuant to subsection B of this section. Notwithstanding section 41-319, the notarized statement of parental consent and the description of the document or notarial act recorded in the notary journal are confidential and are not public records.

B. A judge of the superior court, on petition or motion, and after an appropriate hearing, shall authorize a physician to perform the abortion if the judge determines that the pregnant minor is mature and capable of giving informed consent to the proposed abortion.  If the judge determines that the pregnant minor is not mature or if the pregnant minor does not claim to be mature, the judge shall determine whether the performance of an abortion on her without the consent from one of her parents or her guardian or conservator would be in her best interests and shall authorize a physician to perform the abortion without consent if the judge concludes that the pregnant minor's best interests would be served.

C. If the pregnant minor claims to be mature at a proceeding held pursuant to subsection B of this section, the minor must prove by clear and convincing evidence that she is sufficiently mature and capable of giving informed consent without consulting her parent or legal guardian based on her experience level, perspective and judgment. In assessing the pregnant minor's experience level, the court may consider, among other relevant factors, the minor's age and experiences working outside the home, living away from home, traveling on her own, handling personal finances and making other significant decisions. In assessing the pregnant minor's perspective, the court may consider, among other relevant factors, what steps the minor took to explore her options and the extent to which she considered and weighed the potential consequences of each option. In assessing the pregnant minor's judgment, the court may consider, among other relevant factors, the minor's conduct since learning of her pregnancy and her intellectual ability to understand her options and to make an informed decision.

D. The pregnant minor may participate in the court proceedings on her own behalf.  The court shall appoint a guardian ad litem for her.  The court shall advise her that she has the right to court-appointed counsel and, on her request, shall provide her with counsel unless she appears through private counsel or she knowingly and intelligently waives her right to counsel.

E. Proceedings in the court under this section are confidential and have precedence over other pending matters.  Members of the public shall not inspect, obtain copies of or otherwise have access to records of court proceedings under this section unless authorized by law. A judge who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a confidential record of the evidence to be maintained, including the judge's own findings and conclusions.  The minor may file the petition using a fictitious name.  For the purposes of this subsection, public does not include judges, clerks, administrators, professionals or other persons employed by or working under the supervision of the court or employees of other public agencies who are authorized by state or federal rule or law to inspect and copy closed court records.

F. The court shall hold the hearing and shall issue a ruling within forty-eight hours, excluding weekends and holidays, after the petition is filed. If the court fails to issue a ruling within this time period, the petition is deemed to have been granted and the consent requirement is waived.

G. An expedited confidential appeal is available to a pregnant minor for whom the court denies an order authorizing an abortion without parental consent. The appellate court shall hold the hearing and issue a ruling within forty-eight hours, excluding weekends and holidays, after the petition for appellate review is filed.  Filing fees are not required of the pregnant minor at either the trial or the appellate level.

H. Parental consent or judicial authorization is not required under this section if either:

1. The pregnant minor certifies to the attending physician that the pregnancy resulted from sexual conduct with a minor by the minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent, legal guardian or foster parent or by a person who lives in the same household with the minor and the minor's mother.  The physician performing the abortion shall report the sexual conduct with a minor to the proper law enforcement officials pursuant to section 13-3620 and shall preserve and forward a sample of the fetal tissue to these officials for use in a criminal investigation.

2. The attending physician certifies in the pregnant minor's medical record that, on the basis of the physician's good faith clinical judgment, the pregnant minor has a condition that so complicates her medical condition as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

I. A person who performs an abortion in violation of this section is guilty of a class 1 misdemeanor.  A person who intentionally causes, aids or assists a minor in obtaining an abortion in violation of this section is guilty of a class 1 misdemeanor.  A person is not subject to any liability under this section if the person establishes by written evidence that the person relied on evidence sufficient to convince a careful and prudent person that the representations of the pregnant minor regarding information necessary to comply with this section are true.

J. In addition to other remedies available under the common or statutory law of this state, one or both of the minor's parents or the minor's guardian may bring a civil action in the superior court in the county in which the parents or the guardian resides to obtain appropriate relief for a violation of this section, unless the pregnancy resulted from the criminal conduct of the parent or guardian.  The civil action may be based on a claim that failure to obtain consent was a result of simple negligence, gross negligence, wantonness, wilfulness, intention or any other legal standard of care.  The civil action may be brought against the person who performs the abortion in violation of this section and any person who causes, aids or assists a minor to obtain an abortion without meeting the requirements of this section. Relief pursuant to this subsection includes the following:

1. Money damages for all psychological, emotional and physical injuries that result from the violation of this section.

2. Statutory damages in an amount equal to $5,000 or three times the cost of the abortion, whichever is greater.

3. Reasonable attorney fees and costs.

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

L. The consent required by this section must be obtained on a form prescribed by the department of health services.  At a minimum, the form must:

1. List the possible medical risks that may occur with any surgical, medical or diagnostic procedure, including the potential for infection, blood clots, hemorrhage, allergic reactions and death.

2. List the possible medical risks that may occur with a surgical abortion, including hemorrhage, uterine perforation, sterility, injury to the bowel or bladder, a possible hysterectomy as a result of a complication or injury during the procedure and failure to remove the unborn child that may result in an additional procedure.

3. List the possible medical risks that may occur with a medication abortion, including hemorrhage, infection, failure to remove the unborn child that may result in an additional procedure, sterility and the possible continuation of the pregnancy.

4. Require the pregnant minor's and the pregnant minor's parent's initials on each page of the form and a full signature on the final page of the form.

5. Include a space for the notary's signature and seal on the final page of the form.

M. The physician must maintain the form in the pregnant minor's records for seven years after the date of the procedure or five years after the date of the minor's maturity, whichever is longer.
A.R.S. § 36-518.01 — Arizona Code / Title 36 / Chapter 5 / Article 3 / Section 518.01
36-518.01 Case review of voluntary admission of minor
Status: in_force

36-518.01. Case review of voluntary admission of minor

A. The medical director of a mental health agency shall review the case progress of all minors admitted voluntarily to the agency at least every ten days. The review shall establish the appropriateness of continued placement in a mental health agency according to progress in care and the expected benefits of continued inpatient care and treatment. The review shall include an interview with the minor.

B. The medical director shall state in writing in the minor's clinical record the reasons for continued inpatient care and the objectives desired. The records of the review shall be available to the parent or guardian on request. When the child is a ward of the juvenile court or in custody pursuant to title 8, the case review record shall be forwarded promptly to the juvenile court and the court-appointed custodian of the child.

C. For purposes of this section and section 36-518, "mental health agency" and "medical director of a mental health agency" are as defined in section 8-201.
A.R.S. § 36-518 — Arizona Code / Title 36 / Chapter 5 / Article 3 / Section 518
36-518 Application for voluntary admission; admission to agency; minors; transportation
Status: in_force

36-518. Application for voluntary admission; admission to agency; minors; transportation

A. Pursuant to rules of the administration, any person who is eighteen years of age or older and who manifests the capacity to give and gives informed consent may be hospitalized for evaluation, care and treatment by voluntarily applying in writing on a prescribed form.  The agency to which the person applies may accept and admit the person if the medical director of the agency or the admitting officer believes that the person needs evaluation or will benefit from care and treatment of a mental disorder or other personality disorder or emotional condition in the agency.  Informed consent may be given by the person's guardian pursuant to section 14-5312.01 or agent appointed pursuant to chapter 32, article 6 of this title if that agent was granted the authority to do this by the mental health care power of attorney. If an agent gives informed consent, an evaluation shall be conducted pursuant to section 36-3284.

B. Notwithstanding subsection C of this section, and except in the case of an emergency admission, a minor who is in the custody of the juvenile court, who is a ward of the juvenile court as a dependent child or who is adjudicated delinquent or incorrigible shall not be admitted for evaluation or treatment unless approved by the court on application filed by an entity as provided in section 8-272 or 8-273.

C. A minor may be admitted to a mental health agency as defined in section 8-201 by the written application of the parent, guardian or custodian of the minor, or a person designated by the court if the parent, guardian or custodian is without monetary resources to file an application or could not be located after reasonable efforts and the minor is under the supervision of an adult probation department after the following has occurred:

1. A psychiatric investigation by the medical director of the mental health agency that carefully probes the child's social, psychological and developmental background.

2. An interview with the child by the medical director of the mental health agency.

3. The medical director has explained to the child and the child's parent, guardian or custodian or to the person designated by the court pursuant to this subsection the program of evaluation or treatment contemplated and its probable length.

4. The medical director has explored and considered available alternatives to inpatient treatment or evaluation.

5. The medical director of a mental health agency has determined whether the child needs an inpatient evaluation or will benefit from care and treatment of a mental disorder or other personality disorder or emotional condition in the agency and whether the evaluation or treatment goals can be accomplished in a less restrictive setting.  A record of the reasons for this determination shall be made.

D. If the child's situation does not satisfy the requirements of subsection C of this section, the application by the parent, guardian or custodian shall be refused.

E. All emergency admissions for mental health evaluation or treatment of children shall be made pursuant to the standards and procedures in article 4 of this chapter.

F. If a parent, guardian or custodian is unavailable after a reasonable effort has been made to locate the parent, guardian or custodian, the court shall appoint a guardian for the child pursuant to title 14, chapter 5.

G. The board of supervisors of the county of residence of a person who has submitted an application for admission to the state hospital pursuant to subsection A of this section shall provide transportation to the state hospital for the person if it appears that the person is eligible for voluntary admission to the state hospital after consultation between the state hospital and the evaluation or screening agency. The county is responsible for that expense to the extent the expense is not covered by any third-party payor.
A.R.S. § 36-641 — Arizona Code / Title 36 / Chapter 6 / Article 3 / Section 641
36-641 Lavatories, change and bath facilities required; obscene pictures or writing prohibited; violation; classification
Status: in_force

36-641. Lavatories, change and bath facilities required; obscene pictures or writing prohibited; violation; classification

A. For the maintenance of public health, proper bathrooms, wash rooms, toilets and a heated change room immediately contiguous to the works shall be provided by every person, whether owner or operator, engaged in the treatment or reduction of ores or metals, in cement works, in works using oils, cyanide, acids or quicksilver. The toilets shall be screened and ventilated with not less than one seat for each twenty-five persons, and one seat for each fraction of that number above ten, employed in the establishment. One shower bath shall be provided for every twenty-five men employed in the establishment with adequate wash room facilities.

The rooms and places shall at all times be open to employees and shall be kept in a clean and sanitary condition. A heated wash and change room shall be maintained contiguous to every mine employing twenty-five or more men.

B. Any owner or operator of an establishment as provided in subsection A violating this section, and any person placing any obscene picture, writing or marking in or about the premises mentioned in subsection A, is guilty of a class 3 misdemeanor.
A.R.S. § 36-2515 — Arizona Code / Title 36 / Chapter 27 / Article 2 / Section 2515
36-2515 Substances in schedule IV; rules
Status: in_force

36-2515. Substances in schedule IV; rules

A. The board shall adopt by rule the schedule IV controlled substances listed in 21 Code of Federal Regulations section 1308.14 and shall amend the rules, as necessary, to reflect any changes in the schedule IV 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. § 36-1632 — Arizona Code / Title 36 / Chapter 13 / Article 2.1 / Section 1632
36-1632 Labeling of safety glazing materials
Status: in_force

36-1632. Labeling of safety glazing materials

A. Each light of safety glazing material manufactured, distributed, imported, fabricated or sold for use in a hazardous location, or installed in such a location, within the state of Arizona shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot-die stamping, transparent pressure sensitive labels, or by other suitable means. The label shall identify the labeler, whether manufacturer, fabricator, installer or other distributor, the type of safety glazing material, and the fact that the material meets the test requirements of the American national standards institute (ANSI) standard Z-97.1-1972. The label shall be legible and visible after installation.

B. Safety glazing labeling shall not be used on other than safety glazing materials.
A.R.S. § 36-411.01 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 411.01
36-411.01 Adult residential care institutions; recidivism reduction services; rules
Status: in_force

36-411.01. Adult residential care institutions; recidivism reduction services; rules

A. An adult residential care institution subclass that is authorized to provide recidivism reduction services may employ recidivism reduction staff who are exempt from the requirements of section 36-411, subsection E to assist in the delivery of recidivism reduction services.

B. An applicant for employment is exempt from the requirements of section 36-411, subsection E if the applicant does both of the following:

1. Successfully completes treatment for recidivism reduction as prescribed by rule.

2. Passes a background and screening evaluation conducted by the adult residential care institution as prescribed by rule that demonstrates that the individual is not a threat to the health or safety of staff or residents of the adult residential care institution.

C. As prescribed by rule, only adult residents of an adult residential care institution who have been referred to receive recidivism reduction services may receive services from recidivism reduction staff.

D. An adult resident of an adult residential care institution may be referred for recidivism reduction services if the adult resident is one or more of the following:

1. Charged with or convicted of one or more criminal offenses.

2. Referred by a court, prosecutor or probation officer.

3. Approved for placement at the adult residential care institution by a health care professional who is licensed pursuant to title 32 and whose scope of practice includes recidivism reduction services.
A.R.S. § 36-212 — Arizona Code / Title 36 / Chapter 2 / Article 1 / Section 212
36-212 Maximum security area required
Status: in_force

36-212. Maximum security area required

The superintendent, under the direction of the director, shall equip, staff and supervise the operation of an area consisting of one or more separate buildings on the state hospital grounds in Phoenix to be designated a maximum security area. The superintendent shall designate which patients shall be confined within a maximum security area, which shall be equipped, staffed and maintained in order to provide treatment and necessary supervision to prevent the patients from leaving the area without authorization.
A.R.S. § 36-754 — Arizona Code / Title 36 / Chapter 6 / Article 7 / Section 754
36-754 Licensing of midwives; renewal of license
Status: in_force

36-754. Licensing of midwives; renewal of license

A. The director shall grant a midwife's license to a person meeting the qualifications prescribed by this article and rules adopted pursuant to this article and paying applicable fees.

B. A license is valid for two years and may be renewed biennially on application to the director and payment of applicable fees.

C. A person shall file an application for renewal at least thirty days and no more than sixty days before the expiration date of the current license.
A.R.S. § 36-1941 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1941
36-1941 Definitions
Status: in_force

36-1941. Definitions

In this chapter, unless the context otherwise requires:

1. "Commission" means the commission for the deaf and the hard of hearing.

2. "Deaf" means a person who cannot generally understand speech sounds with or without a hearing aid when in optimal listening conditions.

3. "Deafblind" means a person who is deaf or hard of hearing, who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance not greater than twenty degrees, or a progressive visual loss having a prognosis leading to one or both of these conditions, and for whom the combination of the hearing and vision loss described affects the person's ability to communicate and receive environmental information both visually and auditorily.

4. "Hard of hearing" means a person who has a degree of hearing loss greater than 40dB PTA-2, but less than 85dB PTA-2, in the better ear.

5. "Interpreting" means translating or transliterating English concepts to any necessary specialized vocabulary used by a consumer or translating a consumer specialized vocabulary to English concepts.

6. "Necessary specialized vocabulary" includes American sign language, English based sign language, cued speech and oral interpreting.

7. "PTA-2" means the average of hearing levels at one thousand, two thousand and four thousand Hz.
A.R.S. § 36-105 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 105
36-105 Information; state-federal cooperation
Status: in_force

36-105. Information; state-federal cooperation

Subject to the laws and departmental rules and regulations on the confidentiality of information promulgated pursuant thereto, and upon request, the department shall furnish information to any agency of the United States which is charged with the administration of health services.
A.R.S. § 36-691 — Arizona Code / Title 36 / Chapter 6 / Article 5 / Section 691
36-691 Acceptance of congressional act relating to maternal and child health
Status: in_force

36-691. Acceptance of congressional act relating to maternal and child health

A. This state accepts the conditions of title V of the social security act, entitled "grants to states for maternal and child welfare", enacted August 14, 1935, and as amended.

B. The department of health services is designated as the state agency to cooperate with the department of health, education and welfare for the administration of part 1 and part 4 of title V, of the social security act.
A.R.S. § 36-2271 — Arizona Code / Title 36 / Chapter 22 / Article 1 / Section 2271
36-2271 Consent of parents required for surgical procedures upon minor; exception; classification
Status: in_force

36-2271. Consent of parents required for surgical procedures upon minor; exception; classification

A. Except as otherwise provided by law, no person, corporation, association, organization, state-supported institution, or individual employed by any of same may procure, solicit to perform, arrange for the performance of, or perform surgical procedures upon a minor without first obtaining a written consent of a parent or legal guardian of the minor.

B. No health care institution as defined in section 36-401 may permit surgical procedures to be performed upon a minor in its facilities without first having received a written consent from a parent or legal guardian of the minor.

C. The provisions of this section shall not apply when it has been determined by a physician that an emergency exists and that it is necessary to perform such surgical procedures for the treatment of a serious disease, injury or drug abuse, or to save the life of the patient, or when such parent or legal guardian cannot be located or contacted after reasonably diligent effort.

D. A person who violates a provision of this section is guilty of a class 1 misdemeanor.
A.R.S. § 36-526 — Arizona Code / Title 36 / Chapter 5 / Article 4 / Section 526
36-526 Emergency admission; examination; petition for court-ordered evaluation
Status: in_force

36-526. Emergency admission; examination; petition for court-ordered evaluation

A. On presentation of the person for emergency admission, an admitting officer of an evaluation agency shall perform an examination of the person's psychiatric and physical condition and may admit the person to the agency as an emergency patient if the admitting officer finds, as a result of the examination and investigation of the application for emergency admission, that there is reasonable cause to believe that the person, as a result of a mental disorder, is a danger to self or others, has a persistent or acute disability or a grave disability and is unable or unwilling to undergo voluntary evaluation and that during the time necessary to complete the prepetition screening procedures set forth in sections 36-520 and 36-521 the person is likely without immediate hospitalization to suffer serious physical harm or serious illness or to inflict serious physical harm on another person. If a person is hospitalized pursuant to this section, the admitting officer may notify a screening agency and seek its assistance or guidance in developing alternatives to involuntary confinement and in counseling the person and the person's family.

B. On the same or a succeeding court day, the medical director in charge of the agency shall file a petition for a court-ordered evaluation, unless the person has been discharged or has become a voluntary patient.  The petition need not comply with the provisions of this chapter requiring preparation and filing of a prepetition screening report but shall meet all other requirements and shall seek an appropriate order pursuant to section 36-529.
A.R.S. § 36-550.05 — Arizona Code / Title 36 / Chapter 5 / Article 10 / Section 550.05
36-550.05 Community mental health residential treatment services and facilities; prevention services; placement of foster children
Status: in_force

36-550.05. Community mental health residential treatment services and facilities; prevention services; placement of foster children

A. A residential or day treatment facility shall be designed to provide a homelike environment without sacrificing safety or care.  Facilities shall be relatively small, with preferably fifteen or fewer beds.

B. Individual programs of a community residential treatment system shall include the following:

1. A short-term crisis residential treatment program. This program is an alternative to hospitalization for persons in an acute episode or situational crisis requiring temporary removal from the home from one to fourteen days. The program shall provide admission capability twenty-four hours a day, seven days a week in the least restrictive setting possible to reduce the crisis and stabilize the client. Services shall include direct work with the client's family, linkage with prevocational and vocational programs, assistance in applying for income, medical and other benefits and treatment referral.

2. A residential treatment program. This program shall provide a full-day treatment program for persons who may require intensive support for a maximum of two years. The program shall provide rehabilitation for chronic clients who need long-term support to develop independence and for clients who live marginally in the community with little or no support and periodically need rehospitalization. Services shall include intensive diagnostic evaluation, a full-day treatment program with prevocational, vocational and special education services, outreach to social services and counseling to assist the client in developing skills to move toward a less structured setting.

3. A secure behavioral health residential facility program. This program shall provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training only to persons who have been determined to be seriously mentally ill and chronically resistant to treatment pursuant to a court order issued pursuant to section 36-550.09.

4. A semisupervised, structured group living program.  This program is a cooperative arrangement in which three to five persons live together in apartments or houses as a transition to independent living. The program shall provide an increase in the level of the client's responsibility for the functioning of the household and an increase in the client's involvement in daytime activities outside the house or apartment that are relevant to achieving personal goals and greater self-sufficiency. Services provided by the program shall include counseling and client self-assessment, the development of support systems in the community, a day program to encourage participation in the larger community, activities to encourage socialization and use of general community resources, rent subsidy and direct linkages to staff support in emergencies.

5. A socialization or day care/partial care program. This program shall provide regular daytime, evening and weekend activities for persons who require long-term structured support but who do not receive such services in their residential setting. The program shall provide support for persons who only need regular socialization opportunities and referral to social services or treatment services. The program shall provide opportunities to develop skills to achieve more independent functioning and means to reduce social isolation. Services shall include outings, recreational activities, cultural events and contact with community resources, such as prevocational counseling and life skills training.

C. Individual and family support prevention services shall provide assistance to the seriously mentally ill residing in their own home. Such prevention services shall include transportation, recreation, socialization, counseling, respite, companion services and in-home training.

D. Each individual program shall use appropriate multidisciplinary staff to meet the diagnostic and treatment needs of the seriously mentally ill and shall encourage use of paraprofessionals.

E. Each program shall have an evaluation method to assess the effectiveness of the programs and shall include the following criteria:

1. Prevalence and incidence of the target behavioral problem.

2. Cost effectiveness.

3. Potential for implementing the program using available monies and resources through cost-sharing.

4. Measurability of the benefits.

5. Effectiveness of intervention strategy.

6. Availability of resources and personnel.

F. Each community residential treatment system shall be designed to provide:

1. Coordination between each program and other treatment systems in the community.

2. A case management system to enhance cooperation of elements within the system and provide each client with appropriate services.

3. Client movement to the most appropriate and least restrictive service.

4. Direct referral of clients for specific programs that does not require the client to pass through the entire system to reach the most appropriate service.

G. If a foster child who is in the care, custody and control of the department of child safety is approved for placement in a behavioral health facility prescribed by this section, the behavioral health facility may not deny or refuse placement of the foster child if the foster child's behavioral health needs are within the behavioral health facility's scope of services, subject to the availability of a bed or space in the behavioral health facility.
A.R.S. § 36-1636 — Arizona Code / Title 36 / Chapter 13 / Article 2.2 / Section 1636
36-1636 Definitions
Status: in_force

36-1636. Definitions

In this article, unless the context otherwise requires:

1. "Approved smoke detector" means an electronic device powered by batteries or alternating current that is capable of sensing visible or invisible products of combustion, that sounds an alarm audible in all sleeping areas of a residential housing unit and that meets the standards prescribed by the office of the state fire marshal pursuant to section 37-1383.

2. "Residential housing unit" means a one or two family dwelling unit, including a detached, semi-detached or duplex unit, or a multi-family dwelling unit including an apartment or condominium.

3. "Sleeping area" means any area of a residential housing unit in which bedrooms or sleeping rooms are located.
A.R.S. § 36-2993 — Arizona Code / Title 36 / Chapter 29 / Article 4 / Section 2993
36-2993 Prohibited acts; penalties
Status: in_force

36-2993. Prohibited acts; penalties

A. A person shall not present or cause to be presented to this state or to a contractor:

1. A claim for a medical service or any other item that the person knows or has reason to know was not provided as claimed.

2. A claim for a medical service or any other item that the person knows or has reason to know is false or fraudulent.

3. A claim for payment that the person knows or has reason to know may not be made by the administration because:

(a) The person was terminated or suspended from participation in the program on the date for which the claim is being made.

(b) The item or service claimed is substantially in excess of the needs of the individual or of a quality that fails to meet professionally recognized standards of health care.

(c) The person was not a member on the date for which the claim is being made.

4. A claim for a service or an item by a person who knows or has reason to know that the individual who furnished or supervised the furnishing of the service:

(a) Was not licensed as a physician or another health care professional requiring state licensure.

(b) Obtained the individual's license through a misrepresentation of material fact.

(c) Represented to the member at the time the service was furnished that the physician was certified in a medical specialty by a medical specialty board if the individual was not certified.

5. A request for payment that the person knows or has reason to know is in violation of an agreement between the person and this state or the administration.

B. A person who violates this section is subject, in addition to any other penalties that may be prescribed by law, to a civil penalty of not more than two thousand dollars for each item or service claimed and is subject to an assessment of not more than twice the amount claimed for each item or service.

C. The director or the director's designee shall make the determination to assess civil penalties and is responsible for the collection of penalty and assessment amounts. The director shall adopt rules that prescribe procedures for the determination and collection of civil penalties and assessments. Civil penalties and assessments imposed under this section may be compromised by the director or the designee in accordance with criteria established in rules. The director or the director's designee may make this determination in the same proceeding to exclude the person from participation in the program.

D. A person adversely affected by a determination of the director or the director's designee under this section may appeal that decision in accordance with provider grievance provisions prescribed by rule. The final decision is subject to judicial review pursuant to title 12, chapter 7, article 6.

E. The administration shall deposit, pursuant to sections 35-146 and 35-147, monies collected pursuant to this section in the state general fund. The amount of the penalty or assessment may be deducted from any amount then or later owing by the administration or this state to the person against whom the penalty or assessment has been imposed.

F. If a civil penalty or assessment imposed pursuant to this section is not paid, this state or the administration shall file an action to collect the civil penalty or assessment in the superior court in Maricopa county. Matters that were raised or could have been raised in a hearing before the director or in an appeal pursuant to title 12, chapter 7, article 6 may not be raised as a defense to the civil action. An action brought pursuant to this subsection shall be initiated within six years after the date the claim was presented.
A.R.S. § 36-558.02 — Arizona Code / Title 36 / Chapter 5.1 / Article 1 / Section 558.02
36-558.02 State operated service center
Status: in_force

36-558.02. State operated service center

The state operated service center shall provide temporary residential care and space for child and adult services. Residential care includes respite services, crisis intervention and diagnostic evaluation.
A.R.S. § 36-3207 — Arizona Code / Title 36 / Chapter 32 / Article 1 / Section 3207
36-3207 Health care directives; effect on insurance and medical coverage
Status: in_force

36-3207. Health care directives; effect on insurance and medical coverage

A. A person shall not require a person to execute or prohibit a person from executing a health care directive as a condition for providing health care services or insurance.

B. An insurer shall not refuse to pay for goods or services under a patient's insurance policy because the decision to use the goods or services was made by the patient's surrogate.

C. If a patient's death follows the withholding or withdrawing of any medical care pursuant to a surrogate's decision not expressly precluded by the patient's health care directive, that death does not constitute a homicide or a suicide and does not impair or invalidate an insurance policy, an annuity or any other contract that is conditioned on the life or death of the patient regardless of any terms of that contract.
A.R.S. § 36-251 — Arizona Code / Title 36 / Chapter 2 / Article 2 / Section 251
36-251 State laboratory
Status: in_force

36-251. State laboratory

A. The state laboratory shall be located in such places as the department of health services determines.

B. The laboratory shall examine and analyze such foods, water supplies, drugs and other specimens as the director of the department of health services directs.
A.R.S. § 36-765 — Arizona Code / Title 36 / Chapter 6 / Article 7.1 / Section 765
36-765 Definitions
Status: in_force

36-765. Definitions

In this article, unless the context otherwise requires:

1. "Certified community health worker" means a community health worker to whom the department has issued a certificate to practice as a certified community health worker in this state.

2. "Community health worker" means a nonmedical health worker who serves as a liaison for health and community service providers and enrollees to facilitate access to services and improve the quality of service delivery, including the coordination of services to improve medical and behavioral health outcomes.

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

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

5. "Practice as a certified community health worker" means a community health worker's application of the education, training and experience in the core competencies to effectively provide services to the communities and populations that the community health worker serves through one or more of the community health worker's roles.
A.R.S. § 36-858 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 858
36-858 Donor registry
Status: in_force

36-858. Donor registry

A. An organ procurement organization shall establish a donor registry in this state.

B. The motor vehicle division of the department of transportation shall cooperate with the organ procurement organization that administers a donor registry to transfer to the donor registry all relevant information regarding a donor's making of an anatomical gift.

C. A donor registry must:

1. Allow a donor or other person authorized pursuant to section 36-843 to include on the donor registry a statement or symbol that the anatomical gift was made by the donor.

2. Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made an anatomical gift.

3. Be accessible seven days a week on a twenty-four hour basis for purposes of paragraphs 1 and 2.

D. Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor or person who made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, if the donor or prospective donor has made, amended or revoked an anatomical gift.

E. This section does not prohibit any person from establishing or maintaining a donor registry that is not established by or under contract with this state.  Any such registry must comply with the requirements of subsections C and D of this section.
A.R.S. § 36-1806 — Arizona Code / Title 36 / Chapter 16 / Article 1 / Section 1806
36-1806 Preceptor grant program for graduate students; requirements; definition
Status: in_force

36-1806. Preceptor grant program for graduate students; requirements; definition

(Rpld. 1/1/27)

A. Subject to available monies, the department shall establish the preceptor grant program for graduate students to expand the capacity of preceptor training for graduate students pursuing degrees as physicians in allopathic or osteopathic medicine, as advanced practice registered nurses, physician assistants or dentists by eligible health professionals in those disciplines who are licensed pursuant to title 32.

B. The purpose of the program is to encourage and support more preceptorships for the training and development of graduate students to become new physicians, advanced practice registered nurses, physician assistants or dentists in this state.  Participation is voluntary.

C. The monies appropriated to the department for the preceptor grant program shall be allocated to the five largest statewide nonprofit organizations that represent allopathic physicians, osteopathic physicians, advanced practice registered nurses, physician assistants or dentists. The department shall allocate the monies in proportion to the number of health professionals in those specific disciplines who hold active licenses pursuant to title 32. The department may allow organizations to receive reasonable costs for processing applications and stipends. Organizations shall annually report to the department the number of applications received and the number of grants awarded pursuant to this section.

D. Eligible allopathic physicians, osteopathic physicians, certified nurse midwives, certified registered nurse anesthetists, clinical nurse specialists, registered nurse practitioners, physician assistants or dentists who are licensed pursuant to title 32 and who serve as volunteer preceptors may apply for grants from the statewide nonprofit organization that represents their discipline and that is allocated grant monies, pursuant to requirements and criteria prescribed in this section. To qualify for a grant, the licensed health professional must file a grant application and provide sufficient evidence of completion of a qualified preceptorship with a graduate student in the same professional discipline. Grant monies must be allocated by the organizations to qualified applicants based on the order in which the applications are received, with a maximum grant of $1,000 per calendar year to each qualified applicant, regardless of the number of preceptorships the applicant provides in that calendar year.  Grant priority shall be given to preceptorships in primary health care and in rural areas of this state. Any grant monies remaining unused at the end of a fiscal year may be rolled over to the next fiscal year or reallocated by the department to one of the other statewide nonprofit organizations.

E. To qualify under this section, a preceptorship must meet all of the following:

1. Provide an uncompensated mentoring experience in which the licensed health professional serving as the preceptor provides a program of personalized instruction, training and supervision to the graduate student.

2. Be at least four weeks' duration.

3. Provide an educational opportunity for the graduate student to enable the student to obtain an eligible professional degree.

F. The department may use private donations, grants and federal monies to implement, support, promote or maintain the program.

G. For the purposes of this section, "graduate student" means an individual who is matriculating at the graduate level at any accredited institution of higher education in this state and who is seeking a degree in the areas of doctor of medicine, doctor of osteopathic medicine, certified nurse midwife, certified registered nurse anesthetist, clinical nurse specialist, registered nurse practitioner, physician assistant or dentist.
A.R.S. § 36-1909 — Arizona Code / Title 36 / Chapter 17 / Article 1 / Section 1909
36-1909 Bill of sale; requirements
Status: in_force

36-1909. Bill of sale; requirements

A. A hearing aid dispenser or dispensing audiologist shall deliver a bill of sale to each person supplied with a hearing aid by the hearing aid dispenser or the dispensing audiologist or at that person's order or direction.

B. A bill of sale shall contain the hearing aid dispenser's or the dispensing audiologist's signature and shall show the address of that person's regular place of practice and the number of that person's license, a description of the make and model of the hearing aid and the amount charged. The bill of sale shall also state the serial number and the condition of the hearing aid as to whether it is new, used or rebuilt.

C. A bill of sale shall contain language that verifies that the client has been informed about audio switch technology, including benefits such as increased access to telephones and assistive listening devices. If the hearing device purchased by the client has audio switch technology, the client shall be informed of the proper use of the technology.  The client shall be informed that an audio switch is also referred to as a telecoil, t-coil or t-switch.

D. A bill of sale shall contain language that informs the client about the Arizona telecommunications equipment distribution program established by section 36-1947 that provides assistive telecommunications devices to residents of this state who have hearing loss.
A.R.S. § 36-343 — Arizona Code / Title 36 / Chapter 3 / Article 4 / Section 343
36-343 Duty to provide information to the state registrar
Status: in_force

36-343. Duty to provide information to the state registrar

A person who has knowledge of information relating to a birth, death or fetal death must provide this information to the state registrar on request.
A.R.S. § 36-1410 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1410
36-1410 Bonds; issuance; refunding; sources of payment; personal liability; debt limitation
Status: in_force

36-1410. Bonds; issuance; refunding; sources of payment; personal liability; debt limitation

A. A public housing authority, city, town or county may issue bonds from time to time to finance in whole or in part the cost of the preparation, acquisition, purchase, lease, construction, reconstruction, improvement, alteration, extension or repair of a project or undertaking authorized by this article. A public housing authority, city, town or county may also issue refunding bonds for the purpose of paying or retiring bonds previously issued by it under authority of this article.

B. In order to carry out the purposes of this article, a public housing authority, city, town or county, on proper resolution, may issue bonds on which the principal and interest are payable:

1. Exclusively from the income and revenues of the housing project financed with the proceeds of the bonds.

2. Exclusively from such income and revenues together with any gifts, grants, bequests or devises from any legal, unencumbered source or grants and contributions from the federal government.

C. Neither the governing body of a public housing authority, city, town or county nor any person executing the bonds shall be liable personally on a bond by reason of the issuance thereof under authority of this article. The bonds and other obligations issued under this article shall be payable solely from the sources provided by subsection B of this section. The bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

D. A public housing authority shall not issue, sell, advertise or redeem bonds of any kind or take any other action pursuant to this section or sections 36-1411 through 36-1415 without first obtaining the written approval by resolution of the governing body of the city, town or county that controls the acts and existence of that authority.
A.R.S. § 36-667 — Arizona Code / Title 36 / Chapter 6 / Article 4 / Section 667
36-667 Civil penalty
Status: in_force

36-667. Civil penalty

A. The department may impose a civil penalty of not more than five thousand dollars if a person does the following in violation of this article:

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. The director shall deposit, pursuant to sections 35-146 and 35-147, all monies collected pursuant to this section in the state general fund.
A.R.S. § 36-1311 — Arizona Code / Title 36 / Chapter 11.1 / Article 1 / Section 1311
36-1311 Definitions
Status: in_force

36-1311. Definitions

(Caution:  1998 Prop. 105 applies)

In this article, unless the context otherwise requires:

1. "Eligible patient" means a person to whom all of the following apply:

(a) The person has a terminal illness as determined by the person's physician and a consulting physician.

(b) The person's physician has determined that the person has no comparable or satisfactory United States food and drug administration approved treatment options available to diagnose, monitor or treat the disease or condition involved and that the probable risk to the person from the investigational drug, biological product or device is not greater than the probable risk from the disease or condition.

(c) The person has received a prescription or recommendation from the person's physician for an investigational drug, biological product or device.

(d) The person has given written informed consent for the use of the investigational drug, biological product or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written informed consent on the patient's behalf.

(e) The person has documentation from the person's physician that the person has met the requirements of this paragraph.

2. "Investigational drug, biological product or device" means a drug, biological product or device that has successfully completed phase one of a clinical trial, but has not been approved for general use by the United States food and drug administration and remains under investigation in a clinical trial.

3. "Physician" means the physician who is providing medical care or treatment to the eligible patient for the terminal illness but does not include a primary care physician.

4. "Terminal illness" means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely.
A.R.S. § 36-545 — Arizona Code / Title 36 / Chapter 5 / Article 6 / Section 545
36-545 Voluntary admissions to the state hospital; reimbursements; indigents
Status: in_force

36-545. Voluntary admissions to the state hospital; reimbursements; indigents

The director shall establish the amount which will fully reimburse the state for the expense of examining, evaluating, treating and maintaining the patient. The state hospital shall charge the patient all or such portion of the established amount as the patient can afford. If the patient is indigent, no charge shall be made. The state hospital shall require prompt payment of the charge.
A.R.S. § 36-2812 — Arizona Code / Title 36 / Chapter 28.1 / Section 2812
36-2812 Marijuana research; grants; posting
Status: in_force

36-2812. Marijuana research; grants; posting

(Added with a 1998 Prop. 105 clause pursuant to L21, Ch. 398)

A. The department shall provide grants from monies in the medical marijuana fund established by section 36-2817 for research on the correlation between marijuana use and mental illness, including psychosis, and violent behavior.

B. The department shall post on its public website all research conducted pursuant to the grants provided under this section.
A.R.S. § 36-1940.01 — Arizona Code / Title 36 / Chapter 17 / Article 4 / Section 1940.01
36-1940.01 Speech-language pathologist; licensure requirements; fingerprint clearance card; rules
Status: in_force

36-1940.01. Speech-language pathologist; licensure requirements; fingerprint clearance card; rules

A. A person who wishes to be licensed as a speech-language pathologist shall:

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

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

(a) A master's degree in speech-language pathology or the equivalent from a nationally or regionally accredited college or university in a program consistent with the standards of this state's universities.

(b) Completed a supervised clinical practicum in speech-language pathology from a nationally or regionally accredited college or university in a program consistent with the standards of this state's universities.

(c) Completed postgraduate professional experience in the field of speech-language pathology approved by the director.

3. Pass an examination pursuant to section 36-1902, subsection G.

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

B. A person who wishes to be licensed as a speech-language pathologist whose practice is limited to providing services to pupils under the authority of a local education agency or state-supported institution shall:

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

2. Submit proof of an employee or contractor relationship with a local education agency or a state-supported institution.

3. Hold a certificate in speech and language therapy awarded by the state board of education.

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

D. The director shall adopt rules prescribing criteria for approved postgraduate professional experience.
A.R.S. § 36-141 — Arizona Code / Title 36 / Chapter 1 / Article 2 / Section 141
36-141 Authority to contract and pay for alcohol and drug abuse services; services to pregnant women; priority
Status: in_force

36-141. Authority to contract and pay for alcohol and drug abuse services; services to pregnant women; priority

A. The director of the Arizona health care cost containment system administration is authorized to contract for the development and maintenance of alcohol and drug abuse services from monies available for such purpose with public or private agencies or organizations engaged in providing such preventive, rehabilitative and research services including educational, counseling and research activities directed toward preventing persons from becoming addicted to the excessive use of alcohol or other drugs and consultative services to relatives or other persons concerned with the care of persons addicted to the excessive use of alcohol or other drugs, in addition to detecting, counseling, referring, caring for and training those afflicted.

B. In allocating any new and existing undedicated monies available to the Arizona health care cost containment system for alcohol and substance abuse, the director of the Arizona health care cost containment system administration shall give priority to treatment services for pregnant abusers of alcohol and other drugs.
A.R.S. § 36-2859; Version 2 — Arizona Code / Title 36 / Chapter 28.2 / Section 2859; Version 2
36-2859; Version 2 Advertising; restrictions; warning; enforcement; civil penalty; exception
Status: in_force

36-2859. Advertising; restrictions; warning; enforcement; civil penalty; exception

(Eff. 7/1/26. Caution: 1998 Prop. 105 applies)

A. A marijuana establishment or nonprofit medical marijuana dispensary may advertise or authorize advertising for marijuana or marijuana products in accordance with restrictions imposed by this section.

B. An individual or entity that sells marijuana paraphernalia may advertise or authorize advertising for marijuana paraphernalia in accordance with restrictions imposed by this section.

C. A marijuana establishment, a nonprofit medical marijuana dispensary or an individual or entity that sells marijuana paraphernalia may engage in advertising but may not do any of the following:

1. Advertise marijuana or marijuana products, including marijuana paraphernalia, to individuals who are under twenty-one years of age, including advertising:

(a) With names that resemble or imitate food or drink brands that are marketed to children.

(b) With images or likenesses of toys, cartoons or animated or fictional characters, including Santa Claus, that are designed to appeal to or encourage individuals who are under twenty-one years of age to consume marijuana or marijuana products.

(c) With images or visual representations of the consumption of marijuana or marijuana products.

(d) With the potency or tetrahydrocannabinol levels of the marijuana or marijuana product.

(e) In a medium that specifically appeals to individuals who are under twenty-one years of age such that the advertising has a special attractiveness to individuals who are under twenty-one years of age beyond general attractiveness for individuals who are at least twenty-one years of age.

2. Advertise at, on or within public airports, public transportation shelters, public buses, public trains, public shuttles or public trams.

3. Advertise electronically, via social media or on a website, unless at least 73.6 percent of the audience is expected to be at least twenty-one years of age.

4. Advertise any health-related statement or statement regarding the effects of marijuana consumption on health that is known to be untrue.

5. Sponsor any sporting event unless at least 73.6 percent of the audience is expected to be at least twenty-one years of age or the sponsored organization provides written approval. Any sponsorship acknowledgment shall be in accordance with restrictions imposed by this section.

D. All advertising pursuant to this section must contain the following conspicuous and legible warning: "Do not use marijuana if you are under twenty-one years of age or pregnant. Keep marijuana out of reach of children." All printed warnings must occupy at least ten percent of the advertising area and must be in black font on a white background, except that billboard advertisement warnings shall be in a type size that is at least ten percent of the largest type used in the advertisement.

E. A billboard advertisement under this section is prohibited within one thousand radial feet of any child care center, church, substance abuse recovery facility, public park, public playground or public or private school that provides instruction to students in preschool or kindergarten programs or any of grades one through twelve.  An individual or entity that violates this subsection, on notification by the attorney general's office, has thirty days to comply with these requirements. For circumstances beyond the control of the billboard operator that may prevent removal within the prescribed time frame, the advertisement must be removed as soon as safely and legally practicable. An individual or entity that does not comply with this subsection is subject to the civil penalties and disciplinary action prescribed in this section.

F. An advertising platform may host advertising only if all of the following apply:

1. The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary.

2. The advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the content of the advertising by name and license number or registration number.

3. The advertising contains a printed warning that complies with subsection D of this section.

G. Any advertising under this chapter involving direct, individualized communication or dialogue shall use a method of age affirmation to verify that the recipient is at least twenty-one years of age before engaging in that communication or dialogue.  For the purposes of this subsection, that method of age affirmation may include user confirmation, birth date disclosure or other similar registration methods.

H. It is unlawful for an individual or entity other than a marijuana establishment or dual licensee to do any of the following in a manner that is not authorized by this chapter or rules adopted by the department pursuant to this chapter:

1. Facilitate the delivery of marijuana or marijuana products.

2. Solicit or accept orders for marijuana or marijuana products or operate a platform that solicits or accepts orders for marijuana or marijuana products.

3. Operate a listing service related to the sale or delivery of marijuana or marijuana products.

I. A marijuana establishment, a nonprofit medical marijuana dispensary or an individual or entity that sells marijuana paraphernalia and that violates this section, on notification by the department or attorney general's office, has fourteen days to comply with the requirements of this section.

J. A marijuana establishment that is found to be in violation of this section by the attorney general is subject to disciplinary action by the department pursuant to section 36-2854, subsection B.  A nonprofit medical marijuana dispensary that is found to be in violation of this section by the attorney general is subject to disciplinary action by the department pursuant to section 36-2816.

K. In addition to any other penalty imposed by law, an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products, including marijuana paraphernalia, in violation of this section or otherwise violates this section shall pay a civil penalty of $20,000 per violation to the smart and safe Arizona fund established by section 36-2856.

L. This section shall be enforced by the attorney general.

M. For the purposes of this section, advertising does not include a communication of a marijuana establishment or nonprofit medical marijuana dispensary that is targeted only to the established customer base or that is requested by a customer or potential customer pursuant to an opt-in with an age affirmation.
A.R.S. § 36-864 — Arizona Code / Title 36 / Chapter 7 / Article 3 / Section 864
36-864 Document of gift; transfer by department of transportation; requirements
Status: in_force

36-864. Document of gift; transfer by department of transportation; requirements

Each executed document of gift transferred by the department of transportation to an organ procurement organization is presumed to be a valid document of gift that establishes an anatomical gift for transplantation or therapy if all of the following apply:

1. The organ procurement organization that maintains an anatomical gift registry established pursuant to this article contacted each person who executed the document of gift before that person's death or incapacity.

2. The person had not amended or revoked the anatomical gift before death.

3. The organ procurement organization provided the person with notice of:

(a) The inclusion of the person's name in an anatomical gift registry established pursuant to this article.

(b) The opportunity to amend or revoke the anatomical gift.

(c) Instructions about how to amend or revoke the anatomical gift.
A.R.S. § 36-2920 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2920
36-2920 Monthly financial report
Status: in_force

36-2920. Monthly financial report

A. The director shall submit a monthly report to the president of the senate and the speaker of the house of representatives of the following:

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

2. The actual member months by rate code.

3. The actual caseload, showing separately the caseload for title XIX and qualified medicare beneficiary populations.

4. The number of vacant positions, by division.

5. Monies recovered monthly from third party payors.

6. Monies received under agreements pursuant to section 36-2925 and the actual year to date expenditures.

B. The report shall be submitted on or before the twenty-fifth day of the following month.
A.R.S. § 36-495.16 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.16
36-495.16 Environmental laboratory advisory committee; membership; duties; compensation
Status: in_force

36-495.16. Environmental laboratory advisory committee; membership; duties; compensation

A. The environmental laboratory advisory committee is established consisting of members selected by the director. The director shall select members who represent a variety of persons affected by this article. Committee members serve at the pleasure of the director.

B. The committee shall advise the director regarding the adoption of rules and other issues affecting environmental testing laboratories and shall make recommendations regarding interpretive guidelines necessary to properly administer the provisions of this article.

C. Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.
A.R.S. § 36-1489 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1489
36-1489 Validity of title received by purchaser of project property
Status: in_force

36-1489. Validity of title received by purchaser of project property

Any instrument executed by a municipality and purporting to convey any right, title or interest in any property under this article shall be conclusively presumed to have been executed in compliance with the provisions of this article insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
A.R.S. § 36-2814 — Arizona Code / Title 36 / Chapter 28.1 / Section 2814
36-2814 Acts not required; acts not prohibited
Status: in_force

36-2814. Acts not required; acts not prohibited

(Caution:  1998 Prop. 105 applies)

A. Nothing in this chapter requires:

1. A government medical assistance program, a private health insurer or a workers' compensation carrier or self-insured employer providing workers' compensation benefits to reimburse a person for costs associated with the medical use of marijuana.

2. Any person or establishment in lawful possession of property to allow a guest, client, customer or other visitor to use marijuana on or in that property.

3. An employer to allow the ingestion of marijuana in any workplace or any employee to work while under the influence of marijuana, except that a registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment.

B. Nothing in this chapter prohibits an employer from disciplining an employee for ingesting marijuana in the workplace or working while under the influence of marijuana.
A.R.S. § 36-893 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 893
36-893 Legal action or sale; effect on licensure
Status: in_force

36-893. Legal action or sale; effect on licensure

A. The department shall not act on an application for licensure of a currently licensed child care facility while any enforcement or court action related to child care facility licensure is pending against that facility's current licensee.

B. The director may continue to pursue any court, administrative or enforcement action against the licensee even though the facility is in the process of being sold or transferred to a new owner.

C. The department shall not approve a change in facility ownership unless it determines that there has been a transfer of all legal and equitable interests, control and authority in the facility so that persons other than the transferring licensee, that licensee's agent or other parties exercising authority or supervision over the  facility's daily operations or staff are responsible for and have control over the facility.
A.R.S. § 36-883.04 — Arizona Code / Title 36 / Chapter 7.1 / Article 1 / Section 883.04
36-883.04 Standards of care; rules; enforcement
Status: in_force

36-883.04. Standards of care; rules; enforcement

The director shall prescribe reasonable rules and standards regarding the health, safety and well-being of children cared for in any public school child care program. These rules shall be comparable to the rules and standards prescribed pursuant to section 36-883. The director shall also prescribe rules regarding the enforcement of the standards of care including penalties for noncompliance with these standards. These enforcement and penalty provisions shall be comparable to those existing for private child care facilities.
A.R.S. § 36-2857 — Arizona Code / Title 36 / Chapter 28.2 / Section 2857
36-2857 Localities; marijuana establishments and marijuana testing facilities
Status: in_force

36-2857. Localities; marijuana establishments and marijuana testing facilities

(Caution: 1998 Prop. 105 applies)

A. A locality may:

1. Enact reasonable zoning regulations that limit the use of land for marijuana establishments and marijuana testing facilities to specified areas.

2. Limit the number of marijuana establishments or marijuana testing facilities, or both.

3. Prohibit marijuana establishments or marijuana testing facilities, or both.

4. Regulate the time, place and manner of marijuana establishment and marijuana testing facility operations.

5. Establish reasonable restrictions on public signage regarding marijuana, marijuana establishments and marijuana testing facilities.

6. Prohibit or restrict delivery within its jurisdiction.

B. A county may exercise its authority pursuant to subsection A of this section only in unincorporated areas of the county.

C. A locality may not enact any ordinance, regulation or rule that:

1. Is more restrictive than a comparable ordinance, regulation or rule that applies to nonprofit medical marijuana dispensaries.

2. Makes the operation of a marijuana establishment or marijuana testing facility unduly burdensome if the locality has not prohibited marijuana establishments or marijuana testing facilities.

3. Conflicts with this chapter or rules adopted pursuant to this chapter.

4. Prohibits the transportation of marijuana by a marijuana establishment or marijuana testing facility on public roads.

5. Restricts or interferes with the ability of a dual licensee or an entity eligible to become a dual licensee to operate a nonprofit medical marijuana dispensary and a marijuana establishment cooperatively at shared locations.

6. Except as expressly authorized by this section or section 36-2851, prohibits or restricts any conduct or transaction allowed by this chapter, or imposes any liability or penalty in addition to that prescribed by this chapter for any conduct or transaction constituting a violation of this chapter.

7. Allows a marijuana establishment to locate within five hundred feet of a public or private school, a child care facility or a facility that provides preschool programs.
A.R.S. § 36-1976 — Arizona Code / Title 36 / Chapter 17.1 / Article 2 / Section 1976
36-1976 Revocation or suspension of license
Status: in_force

36-1976. Revocation or suspension of license

A. The commission may revoke or suspend a license issued under this article, place a licensee on probation, issue a reprimand or impose a civil penalty for any of the following reasons:

1. Unprofessional conduct.

2. A violation of this article.

3. Gross negligence or incompetence in the performance of duties.

4. Fraud, dishonesty or corruption.

5. Inability to perform the duties of an interpreter at a level of skill that is required by the commission.

6. Conviction of a felony offense or any other offense involving moral turpitude.

7. Failing to meet minimum qualifications as prescribed by this article.

8. Adjudication of insanity or incompetency.

B. Before it takes disciplinary action pursuant to this section, the commission shall give a licensee notice and an opportunity for a hearing pursuant to its rules.

C. The commission may issue subpoenas, examine witnesses and administer oaths pursuant to a hearing held under this section.
A.R.S. § 36-2175 — Arizona Code / Title 36 / Chapter 21 / Article 1 / Section 2175
36-2175 Behavioral health care provider loan repayment program; purpose; eligibility; default; use of monies
Status: in_force

36-2175. Behavioral health care provider loan repayment program; purpose; eligibility; default; use of monies

A. The behavioral health care provider loan repayment program is established in the department to pay off portions of educational loans taken out by behavioral health care providers and nurses, including behavioral health technicians, behavioral health nurse practitioners, psychiatric nurse practitioners and licensed practical nurses, physicians, psychiatrists, and psychologists who serve in behavioral health facilities, including the Arizona state hospital, behavioral health residential facilities and secure behavioral health residential facilities.

B. The department shall prescribe application and eligibility requirements.  To be eligible to participate in the behavioral health care provider loan repayment program, an applicant shall meet at least the following requirements:

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

2. Demonstrate current employment providing direct patient care with a public or nonprofit entity located and providing services in a behavioral health hospital, a behavioral health residential facility or a secure behavioral health residential facility in this state.

3. Demonstrate that the current employer is contracted with the Arizona health care cost containment system to provide services.

4. Not be participating in any other loan repayment program established by this article.

C. In addition to the requirements of subsection B of this section, an applicant who is a physician shall have completed a professional residency or certification program in behavioral health care.

D. A behavioral health care provider or nurse who participates in the behavioral health care provider loan repayment program shall initially contract with the department to provide services pursuant to this section for at least two years.

E. In making recommendations for the behavioral health care provider loan repayment program, the department shall give priority to applicants who intend to practice in the Arizona state hospital, a behavioral health residential facility or a secure behavioral health residential facility in this state.

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

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

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

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

2. For subsequent years, a maximum of $25,000.

I. A participant in the behavioral health care provider loan repayment program who breaches the loan repayment contract by failing to begin or to complete the obligated services is liable for liquidated damages in an amount equivalent to the amount that would be owed for default as determined and authorized by the department. The department may waive the liquidated damages provisions of this subsection if it determines that death or permanent physical disability accounted for the failure of the participant to fulfill the contract. The department may prescribe additional conditions for default, cancellation, waiver or suspension.

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

K. The department may use monies to develop programs such as resident-to-service loan repayment and employer recruitment assistance to increase participation in the behavioral health care provider loan repayment program.  The department may use private donations, grants and federal monies to implement, support, promote or maintain the program.
A.R.S. § 36-796 — Arizona Code / Title 36 / Chapter 6 / Article 11 / Section 796
36-796 Definitions
Status: in_force

36-796. Definitions

In this article, unless the context otherwise requires:

1. "Bedding" includes upholstered furniture and means any mattress, box spring, upholstered chair, couch or other upholstered device or any quilted pad, packing pad, mattress pad, hammock pad, pad, comforter, bunk quilt, sleeping bag, pillow, cushion, hassock or other bag or container made of leather, cloth, plastic or any other material that is used as a covering or is stuffed or filled in whole or in part with concealed material in addition to the structural units, all of which may be used by any person for sleeping, resting or reclining purposes. Bedding does not include the upholstered portions of motor vehicles other than mobile homes, house trailers and camp trailers.

2. "Filling materials" means all or portions of materials, prefabricated forms or articles used as filling in the manufacture, repair or renovation of bedding and upholstered furniture.

3. "New" means any material or article that has not been previously used, except in the manufacturing process, for any purpose.

4. "Person" includes persons, partnerships, companies, corporations, associations and governmental agencies.

5. "Renovate" means to repair, make over, recover, restore or renew bedding or upholstered furniture and place it in a good state of repair.

6. "Secondhand" means any portion of any article or material of which prior use of any kind, except in the manufacturing process, has been made.

7. "Sell" means to offer or expose for sale, barter, trade, lend, deliver, give away, rent, consign, lease, possess with intent to sell or dispose of in any other commercial manner. The possession of any article of bedding or filling materials by any maker, remaker or dealer, in the course of business, is presumptive evidence of intent to sell.

8. "Sterilizer" means a person who sterilizes, disinfects, disinfests or fumigates any article of upholstered furniture or bedding or any filling material relating to these items.
A.R.S. § 36-448.51 — Arizona Code / Title 36 / Chapter 4 / Article 9 / Section 448.51
36-448.51 Definitions
Status: in_force

36-448.51. Definitions

In this article, unless the context otherwise requires:

1. "Recovery care center" means a health care institution or subdivision of a health care institution that provides medical and nursing services limited to recovery care services.

2. "Recovery care services" means postsurgical and postdiagnostic medical and nursing services provided to patients for whom, in the opinion of the attending physician, it is reasonable to expect an uncomplicated recovery. Such patients are not expected to require intensive care services, coronary care services, or critical care services. Recovery care services do not include surgery services, radiology services, pediatric services or obstetrical services.
A.R.S. § 36-123 — Arizona Code / Title 36 / Chapter 1 / Article 1 / Section 123
36-123 Opioid abuse prevention campaign
Status: in_force

36-123. Opioid abuse prevention campaign

The department, in conjunction with the governor's office of youth, faith and family, shall develop opioid abuse prevention campaign strategies that target youth and at-risk populations using a variety of communications platforms to maximize outreach.  Communications efforts may include social media, broadcast, billboards and print media.  Prevention components shall include graphic detail of the harmful effects of opioid and prescription drug abuse and law enforcement consequences and shall engage external partners, including the local education agency, for age-appropriate awareness.
A.R.S. § 36-262 — Arizona Code / Title 36 / Chapter 2 / Article 3 / Section 262
36-262 Central statewide information and referral service for children who have a chronic illness or physical disability
Status: in_force

36-262. Central statewide information and referral service for children who have a chronic illness or physical disability

A. The purposes of the information and referral service for children who have a chronic illness or physical disability as prescribed pursuant to this article are to:

1. Establish a roster of agencies providing medical, educational, financial, social and transportation services to children who have a chronic illness or physical disability.

2. Develop or use an existing statewide information and referral service that provides information on services for children who have a chronic illness or physical disability.

B. This section does not require any person or public or private agency or other entity to participate in the information and referral service.
A.R.S. § 36-548 — Arizona Code / Title 36 / Chapter 5 / Article 9 / Section 548
36-548 Court-ordered treatment by the United States department of veterans affairs or other agency of the United States
Status: in_force

36-548. Court-ordered treatment by the United States department of veterans affairs or other agency of the United States

A. Whenever, in any proceeding under the laws of this state for the court-ordered treatment of a person alleged to be, as a result of a mental disorder, a danger to self or to others, with a persistent or acute disability or a grave disability, it is determined after such adjudication of the status of such person as may be required by law that hospitalization in a mental health treatment agency is necessary for treatment, and it appears that the person is eligible for care or treatment by the United States department of veterans affairs or other agency of the United States, the court, on receipt of a certificate from the United States department of veterans affairs or other agency showing that facilities are available and that the person is eligible for care or treatment, may order the person to undergo treatment by the United States department of veterans affairs or other agency of the United States. A person hospitalized in a United States department of veterans affairs facility or institution operated by another agency of the United States in accordance with the court's order for treatment shall be subject to the rules and regulations of the United States department of veterans affairs or other agency whether the facility is located within or without the state. The chief officer of the United States department of veterans affairs facility or other institution by another agency of the United States in which the person is hospitalized shall with respect to the person be vested with the same powers as the medical director of a mental health treatment agency with respect to the continuation of hospitalization or release. Jurisdiction is retained by the court that ordered the treatment of the patient or other superior court of the state at any time to inquire into the mental condition of the person and to determine the necessity for continuance of the person's hospitalization.

B. The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia committing a person to the United States department of veterans affairs or other agency of the United States for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction where the court that entered the judgment or made the order is located, and the courts of the committing state or of the District of Columbia shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of the person, and of determining the necessity for continuance of the person's hospitalization as provided by subsection A of this section with respect to persons ordered to undergo treatment by the courts of this state. Consent is given to the application of the law of the committing state or District of Columbia with respect to the authority of the chief officer of any facility of the United States department of veterans affairs or any institution operated in this state by any other agency of the United States to retain custody of or transfer, parole, or discharge the committed person.

C. On receipt of a certificate of the United States department of veterans affairs or other agency of the United States that facilities are available for the care or treatment of any person ordered to undergo treatment in a mental health treatment agency and that the person is eligible for care or treatment, the medical director of the mental health treatment agency may cause the transfer of the person to a United States department of veterans affairs facility or institution operated by another agency of the United States for care or treatment. On effecting any such transfer, the superior court that ordered treatment for the patient shall be notified by the transferring agency. A person shall not be transferred to a United States department of veterans affairs facility or institution operated by another agency of the United States if the person is confined pursuant to an order of a superior court under rules of criminal procedure, unless before that transfer the superior court enters an order for the transfer.

D. A person transferred as provided in this section is deemed to have been ordered to undergo treatment by the United States department of veterans affairs or other agency of the United States pursuant to the original court order for treatment. A person ordered to undergo treatment by the United States department of veterans affairs or transferred to the United States department of veterans affairs as provided in this section shall not be removed from the state for evaluation or treatment without specific informed consent of the patient or the person's legal guardian.
A.R.S. § 36-2542 — Arizona Code / Title 36 / Chapter 27 / Article 5 / Section 2542
36-2542 Cooperation of agencies
Status: in_force

36-2542. Cooperation of agencies

A. The board and department shall cooperate with federal and other state agencies in discharging responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances, including the dissemination of information to law enforcement agencies relating to any person who is known to have violated or who is suspected of violating this chapter to obtain a controlled substance in violation of section 36-2531.

B. Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of this chapter, including results of inspections conducted by it, may be relied and acted upon by the board or department in the exercise of its regulatory functions under this chapter.
A.R.S. § 36-2928 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2928
36-2928 Budget neutrality compliance fund; nonlapsing
Status: in_force

36-2928. Budget neutrality compliance fund; nonlapsing

A. The budget neutrality compliance fund is established consisting of third party liability recoveries pursuant to section 36-2913, county contributions deposited pursuant to section 11-292, subsection O and section 11-300, subsection E and appropriations.  The administration shall administer the fund.  Monies in the fund are continuously appropriated and do not revert to the state general fund.

B. 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 Arizona tobacco litigation settlement fund established by section 36-2901.02.

C. The administration shall use any remaining fund monies to pay for expenditures made pursuant to section 36-2901.02, subsection B, paragraph 1 if sufficient monies are not available in the Arizona tobacco litigation settlement fund established by section 36-2901.02, except that the administration shall use fund monies deposited pursuant to section 11-292, subsection P for any direct and indirect eligibility costs associated with the expansion of program services.

D. On or before June 30 of each year, the administration shall transfer from the Arizona tobacco litigation settlement fund established by section 36-2901.02 an amount necessary to reimburse the fund established pursuant to this section for its expenditures made to cover costs associated with the expanded definition of eligibility pursuant to section 36-2901.01, 36-2901.04 or 36-2903.03.

E. Notwithstanding subsection C of this section, in fiscal year 2001-2002, the administration shall use forty-six million seven hundred thirty-six thousand dollars of fund monies for maintenance of effort for the state match for persons who are determined eligible pursuant to section 36-2901.01, 36-2901.04 or 36-2903.03. Beginning in fiscal year 2002-2003 and each fiscal year thereafter, the administration shall adjust this amount for inflation based on the GDP price deflator as defined in section 41-563.
A.R.S. § 36-423 — Arizona Code / Title 36 / Chapter 4 / Article 2 / Section 423
36-423 Hemodialysis technicians; minimum requirements; definition
Status: in_force

36-423. Hemodialysis technicians; minimum requirements; definition

A. Except as provided in subsection B, beginning on April 1, 2003, a facility that provides hemodialysis treatment shall only use a hemodialysis technician who is certified by a national organization that certifies hemodialysis technicians.

B. Beginning on April 1, 2003, an employee who provides hemodialysis treatment and who is not certified pursuant to subsection A is a hemodialysis technician trainee.  A hemodialysis technician trainee may provide hemodialysis treatment in any facility unless the trainee fails to pass the national certification examination within two years after employment.  The department of health services shall establish by rule appropriate clinical practice restrictions for hemodialysis technician trainees.  An employee who is employed to provide hemodialysis treatment before April 1, 2003 must meet the requirements of this section on or before April 1, 2006.

C. A facility that provides hemodialysis treatment must maintain the verification of certification in the hemodialysis technician’s personnel file.

D. For the purposes of this section, "hemodialysis technician" means a person who, under the direct supervision of a physician licensed pursuant to title 32, chapter 13 or 17, or a registered nurse licensed pursuant to title 32, chapter 15, provides assistance in the treatment of patients who receive dialysis treatment for end stage renal disease.
A.R.S. § 36-3006 — Arizona Code / Title 36 / Chapter 30 / Article 1 / Section 3006
36-3006 Methodology for allocation of fund monies
Status: in_force

36-3006. Methodology for allocation of fund monies

After full consultation with a state coalition against domestic violence, the department shall develop a weighted methodology for allocation of funding that considers the following:

1. The need for services.

2. Existing services.

3. Geographic location.

4. Population ratios.
A.R.S. § 36-2004 — Arizona Code / Title 36 / Chapter 18 / Article 1 / Section 2004
36-2004 Designation to administer state plan
Status: in_force

36-2004. Designation to administer state plan

The Arizona health care cost containment system is designated as the single state agency to develop and administer the state plans for alcohol and drug abuse and for alcoholism as provided in Public Law 91-616.
A.R.S. § 36-2859 — Arizona Code / Title 36 / Chapter 28.2 / Section 2859
36-2859 Advertising restrictions; enforcement; civil penalty
Status: in_force

36-2859. Advertising restrictions; enforcement; civil penalty

(Eff. until 7/1/26. Caution:  1998 Prop. 105 applies)

A. A marijuana establishment or nonprofit medical marijuana dispensary may engage in advertising.

B. An advertising platform may host advertising only if all of the following apply:

1. The advertising is authorized by a marijuana establishment or nonprofit medical marijuana dispensary.

2. The advertising accurately and legibly identifies the marijuana establishment or nonprofit medical marijuana dispensary responsible for the content of the advertising by name and license number or registration number.

C. Any advertising under this chapter involving direct, individualized communication or dialogue shall use a method of age affirmation to verify that the recipient is twenty-one years of age or older before engaging in that communication or dialogue.  For the purposes of this subsection, that method of age affirmation may include user confirmation, birth date disclosure or other similar registration methods.

D. It is unlawful for an individual or entity other than a marijuana establishment or dual licensee to do any of the following in a manner that is not authorized by this chapter or rules adopted by the department pursuant to this chapter:

1. Facilitate the delivery of marijuana or marijuana products.

2. Solicit or accept orders for marijuana or marijuana products or operate a platform that solicits or accepts orders for marijuana or marijuana products.

3. Operate a listing service related to the sale or delivery of marijuana or marijuana products.

E. A marijuana establishment that violates this section is subject to disciplinary action by the department pursuant to section 36-2854, subsection B.  A nonprofit medical marijuana dispensary that violates this section is subject to disciplinary action by the department pursuant to section 36-2816.

F. In addition to any other penalty imposed by law, an individual or entity other than a marijuana establishment or nonprofit medical marijuana dispensary that advertises marijuana or marijuana products in violation of this section or otherwise violates this section shall pay a civil penalty of $20,000 per violation to the smart and safe Arizona fund established by section 36-2856.  This subsection may be enforced by the attorney general.
A.R.S. § 36-1105 — Arizona Code / Title 36 / Chapter 9 / Article 4 / Section 1105
36-1105 Violation; classification
Status: in_force

36-1105. Violation; classification

A person violating the provisions of this article is guilty of a class 3 misdemeanor.
A.R.S. § 36-974 — Arizona Code / Title 36 / Chapter 8 / Article 5 / Section 974
36-974 Protection from contamination
Status: in_force

36-974. Protection from contamination

A. Bulk food and product modules shall be protected from contamination during display, customer self-service, refilling and storage.

B. Each product module shall have a tight fitting lid that is kept in a closed position at all times except during stocking and customer service.

C. Containers supplied by customers shall not be used in a manner that contaminates bulk food. Take-home containers, including bags, cups and lids, provided for customer use shall be stored and dispensed in a sanitary manner.

D. Pet food and nonfood items shall be separated by a barrier or open space from product modules and bulk food.

E. Potentially hazardous food shall not be provided as bulk food for customer self-service.

F. Bulk food removed from a product module by a consumer but not ultimately purchased shall not be returned to the product module or offered for resale by the retailer.
A.R.S. § 36-2917.01 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2917.01
36-2917.01 Clinical oversight review committee; duties; annual report
Status: in_force

36-2917.01. Clinical oversight review committee; duties; annual report

A. The director shall establish an internal clinical oversight review committee to review clinical data specific to agency initiatives and populations identified by the director, including data on behavioral health services for persons receiving behavioral health services administered by the administration.

B. The committee shall include the director or the director's designee and experts within the administration in the areas of quality performance, behavioral health, operations, finance and data analytics.

C. The committee shall do all of the following:

1. Meet at least once every three months.

2. Review clinical data specific to populations and initiatives being undertaken by the administration.

3. Analyze and review clinical quality performance metrics that are indicative of overall system performance and make recommendations on metrics that may enhance system performance, clinical outcomes and member experience.

4. Advise the director on challenges, successes and data trends and identify potential service delivery improvements.

5. For behavioral health services, solicit additional information and perspectives related to the clinical data or clinical quality performance metrics reviewed by the committee from patients, patient advocates and other informed parties.

D. The committee is a review committee of the system pursuant to section 36-2917 and its activities are subject to that section.

E. On or before February 1, 2018 and February 1 of each year thereafter, the administration shall provide a report to the governor, the president of the senate, the speaker of the house of representatives, the chairperson of the health and human services committee, or its successor, in the senate and the chairperson of the health committee, or its successor, in the house of representatives and shall provide a copy of this report to the secretary of state. The report shall include a summary of topics reviewed by the clinical oversight review committee in the preceding year and any recommendations relating to quality performance metrics stemming from the committee's activities.
A.R.S. § 36-1473 — Arizona Code / Title 36 / Chapter 12 / Article 3 / Section 1473
36-1473 Finding of necessity by local governing body
Status: in_force

36-1473. Finding of necessity by local governing body

A. A municipality shall not exercise any of the powers conferred on municipalities by this article until its local governing body adopts a resolution by a two-thirds vote finding both of the following:

1. One or more slum or blighted areas exist in the municipality.

2. The redevelopment of that area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of the municipality.

B. A municipality must notify the owner of real property that is within the boundaries of a proposed redevelopment area of the time, date and location of a public meeting concerning the findings.  The municipality must provide this notice by first class mail to the address stated on the most recent records of the county assessor.
A.R.S. § 36-2999.52 — Arizona Code / Title 36 / Chapter 29 / Article 6 / Section 2999.52
36-2999.52 Nursing facility quality assessments; calculation; limitation; exceptions
Status: in_force

36-2999.52. Nursing facility quality assessments; calculation; limitation; exceptions

(Rpld. 10/1/31)

A. Beginning October 1, 2012, the administration shall charge a quality assessment on health care items and services provided by nursing facilities in order to obtain federal financial participation in the services provided pursuant to this chapter.  The administration shall use these monies for supplemental payments to nursing facilities for covered medicaid expenditures, not to exceed the medicare upper payment limit program requirements.

B. Each nursing facility shall pay the assessment prescribed pursuant to this section to the department of revenue for deposit on a quarterly basis in the nursing facility assessment fund established by section 36-2999.53.

C. Unless otherwise required by law, title 42, chapter 5, article 1 governs the administration of the assessment prescribed pursuant to this section except that:

1. A separate license is not required for the assessment.

2. If a nursing facility does not have a transaction privilege tax license, it shall obtain one pursuant to section 42-5005.

3. Each facility shall report and pay the assessment on forms prescribed by the department of revenue.

4. A separate bond is not required of employees of the department of revenue who administer the assessment.

5. The assessment may be included without segregation in any notice and lien filed for unpaid transaction privilege taxes.

D. The administration shall calculate the quality assessment on the net patient service revenue of all nursing facilities that are subject to the quality assessment.  The quality assessment may not exceed three and one-half per cent of net patient service revenue and shall be calculated and paid on a per resident day basis exclusive of medicare resident days. Except as prescribed in this section, the per resident day assessment is the same amount for each affected facility.

E. Pursuant to 42 Code of Federal Regulations section 433.68(e)(1) and (2), the administration shall request a waiver of the broad-based and uniform provider assessment requirements of federal law to exclude certain nursing facilities from the quality assessment and to permit certain high volume medicaid nursing facilities or facilities with a high number of total annual patient days to pay the quality assessment at a lesser amount per nonmedicare resident day.

F. Subject to federal approval pursuant to 42 Code of Federal Regulations section 433.68(e)(2), the following nursing facility providers are exempt from the quality assessment:

1. Continuing care retirement communities.

2. Nursing facilities with fifty-eight or fewer beds.

G. The administration shall lower the quality assessment for either certain high volume medicaid nursing facilities or certain facilities with high patient volumes to meet the redistributive test of 42 Code of Federal Regulations section 433.68(e)(2).
A.R.S. § 36-495.08 — Arizona Code / Title 36 / Chapter 4.3 / Article 1 / Section 495.08
36-495.08 Reports by laboratories
Status: in_force

36-495.08. Reports by laboratories

A laboratory shall make available to the department on written request information and data concerning its operation, techniques and procedures. The department may require that the information be submitted under oath and signed by the owner or director of the laboratory. The department may require the laboratory director or owner to submit other reports or information that it deems necessary to administer this chapter.
A.R.S. § 36-1332 — Arizona Code / Title 36 / Chapter 11.3 / Article 1 / Section 1332
36-1332 Individualized investigational treatment; availability
Status: in_force

36-1332. Individualized investigational treatment; availability

A. A manufacturer operating within an eligible facility and pursuant to all applicable federalwide assurance regulations may make available to an eligible patient an individualized investigational treatment.  An eligible patient's physician may request an individualized investigational drug, biological product or device from an eligible facility or manufacturer operating within the eligible facility. This article does not require that a manufacturer make available an individualized investigational drug, biological product or device to an eligible patient.

B. An eligible facility or manufacturer operating within an eligible facility may do both of the following:

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

2. Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the individualized investigational drug, biological product or device.
A.R.S. § 36-447.01 — Arizona Code / Title 36 / Chapter 4 / Article 7 / Section 447.01
36-447.01 Nursing care institutions; notification of services; screening; annual reviews
Status: in_force

36-447.01. Nursing care institutions; notification of services; screening; annual reviews

A.  A nursing care institution, before admitting a patient, shall give the patient and his representative a booklet developed by the Arizona health care cost containment system administration pursuant to section 36-2936 that describes in clear and simple language the availability of services and benefits from the Arizona long-term care system pursuant to chapter 29, article 2 of this title. The booklet shall:

1. Explain the availability of preadmission screening that shall assess the functional, medical, nursing and social needs of the patient and make recommendations on services which meet the patient's needs as identified by the preadmission screening assessment.

2. Describe the availability of public and private services appropriate to meet the patient's needs in institutions and alternatives to institutions.

3. Explain financial eligibility standards for the Arizona long-term care system and its effect on separate and community property.

B. All nursing care institutions shall provide the booklet described in subsection A of this section to all of their existing patients who are not currently enrolled and receiving services pursuant to chapter 29, article 2 of this title or designated representative, regardless of the manner by which any patient's cost of care is paid.

C. A nursing care institution certified pursuant to title XIX of the social security act shall cooperate with the Arizona health care cost containment system administration in conducting preadmission screening and annual reviews pursuant to the omnibus budget reconciliation act of 1987 (P.L. 100-203) as amended by the medicare catastrophic coverage act of 1988.
A.R.S. § 36-798.01 — Arizona Code / Title 36 / Chapter 6 / Article 14 / Section 798.01
36-798.01 Selling or giving beedies or bidis; violation; classification
Status: in_force

36-798.01. Selling or giving beedies or bidis; violation; classification

A. It is unlawful for a retail tobacco vendor to sell, furnish, give or provide beedies or bidis to a person who is under twenty-one years of age in this state.

B. Any person who violates this section is guilty of a class 3 misdemeanor.
A.R.S. § 36-541.01 — Arizona Code / Title 36 / Chapter 5 / Article 5 / Section 541.01
36-541.01 Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing; immunity
Status: in_force

36-541.01. Release or discharge from treatment before expiration of period ordered by court; notification of intent to release or discharge; hearing; immunity

A. A patient who is found to have a grave disability or a persistent or acute disability and who is ordered to undergo treatment pursuant to this article may be released from inpatient treatment when, in the opinion of the medical director of the mental health treatment agency, the level of care offered by the agency is no longer required. The patient may agree to continue treatment voluntarily. If the patient is to be released, the medical director shall arrange for an appropriate alternative placement. If the patient who is to be released from inpatient treatment is under a guardianship, the medical director of the mental health treatment agency shall notify the guardian and any relevant regional behavioral health authority ten days before the intended release date that the patient no longer requires the level of care that is offered by the agency. The guardian and, if relevant, the regional behavioral health authority shall arrange alternative placement with the advice and recommendations of the medical director of the mental health treatment agency.

B. A patient who is ordered to undergo treatment pursuant to this article may be released from treatment before the expiration of the period ordered by the court if, in the opinion of the medical director of the mental health treatment agency, the patient no longer is, as a result of a mental disorder, a danger to others or a danger to self or no longer has a persistent or acute disability or a grave disability.  A person who is ordered to undergo treatment as a danger to others or who has had a petition filed by a prosecutor pursuant to section 13-4517 may not be released or discharged from treatment before the expiration of the period for treatment ordered by the court unless the medical director first gives notice of intention to do so as provided by this section.

C. Before the release or discharge of a patient who is ordered to undergo treatment, the medical director of the mental health treatment agency shall notify the following of the medical director's intention to release or discharge the patient:

1. The presiding judge of the court that entered the order for treatment.

2. Any relative or victim of the patient who has filed a demand for notice with the treatment agency.

3. Any person found by the court to have a legitimate reason for receiving notice.

D. If the patient is undergoing court-ordered treatment as the result of a petition filed by a prosecuting agency pursuant to section 13-4517, the medical director of the mental health treatment agency shall notify the court and the prosecuting agency if a civil commitment order issued pursuant to this chapter expires or is terminated, or if the patient is discharged to outpatient treatment.  The medical director shall provide this notice by mail at least five days before the anticipated date of the expiration, termination or discharge.  This subsection does not apply to amended orders that are a result of the patient's need for acute or emergency care during the period of court-ordered treatment.

E. If the medical director of the mental health treatment agency is unable to determine, based on the information submitted pursuant to subsection F of this section, that a person who has filed a demand for notice is a victim, the medical director shall inform that person that that person's demand for notice is denied and that notice will not be given unless ordered by the court pursuant to subsection G of this section.

F. A demand for notice by a relative or victim, and a petition for notice by other persons, shall be on a form prescribed by the administration and shall include the following information:

1. The full name of the person to receive notice.

2. The address to which notice is to be mailed.

3. The telephone number of the person to receive notice.

4. The relationship to the patient, if any, or the reasons why the person believes the person has a legitimate reason to receive notice.

5. A statement that the person will advise the treatment agency in writing by certified mail, return receipt requested, of any change in the address to which notice is to be mailed.

6. The full name of the patient who is ordered to undergo treatment as a danger to others or who has had a petition filed by a prosecutor pursuant to section 13-4517.

7. The mental health number assigned to the case by the superior court.

G. If the court receives a demand for notice by a relative or victim, the court shall order the medical director of the mental health treatment agency not to release or discharge the patient before the expiration of the period of court-ordered treatment without first giving notice to the relative or victim as provided in subsection H of this section. After considering a petition for notice, if the court finds that the petitioner has a legitimate reason for receiving prior notice, the court may order the medical director of the mental health treatment agency not to release or discharge the patient from inpatient treatment before the expiration of the period of court-ordered treatment without first giving notice to the petitioner as provided in subsection H of this section. Any order for notice shall be delivered to the mental health treatment agency and shall be filed with the patient's clinical record.  If the patient is transferred to another agency or institution, any orders for notice shall be transferred with the patient.

H. A notice of intention to release or discharge shall include the following information:

1. The name of the patient to be released or discharged.

2. The type of release or discharge.

3. The date of anticipated release or discharge.  Notices shall be placed in the mail, postage prepaid and addressed to the court and to each person for whom notice has been ordered, at least ten days before the date of intended release or discharge, except that notice shall be sent to the prosecuting agency at least five days before the date of intended release or discharge. For purposes of computing the notice requirement, the day of mailing shall not be counted.

I. Any person for whom prior notice is required pursuant to this section, or the court, may make a motion within the notification period that requires the court to determine whether the standard for release of the patient before the expiration of the period for court-ordered treatment has been met. A determination that the standard for release has been met may be made by the court based on a review of the record and any affidavits submitted without further hearing. For good cause, the court may order an evidentiary hearing. Whether or not a hearing is held, the court shall make a determination at the earliest possible time but no longer than three weeks after the anticipated date of release pursuant to subsection H of this section, and the patient shall be retained for the additional time required for the court's determination. In making its determination the court may order an independent examination of the patient. If a motion is not made, the patient may be released in accordance with the terms set forth in the notice without further court order. If a hearing is held pursuant to this subsection, the court shall order the medical director of the mental health treatment agency to provide the patient's records, including medical and treatment records, to the court and the prosecuting agency.

J. If a motion has not been made pursuant to subsection I of this section, the patient may be released or discharged and the medical director of the mental health treatment agency shall send to the court a certificate that the patient is no longer a danger to others or a danger to self or no longer has a persistent or acute disability or a grave disability as the result of a mental disorder and therefore is released before the expiration of the period ordered for treatment. The court shall enter an order terminating the patient's court-ordered treatment.

K. The medical director of the mental health treatment agency shall not be held civilly liable for any acts committed by a patient who is released before the expiration of the period of court-ordered treatment if the medical director has in good faith followed the requirements of this section.
A.R.S. § 36-405 — Arizona Code / Title 36 / Chapter 4 / Article 1 / Section 405
36-405 Powers and duties of the director
Status: in_force

36-405. Powers and duties of the director

A. The director shall adopt rules to establish minimum standards and requirements for constructing, modifying and licensing health care institutions necessary to ensure the public health, safety and welfare.  The standards and requirements shall relate to the construction, equipment, sanitation, staffing for medical, nursing and personal care services, and recordkeeping pertaining to administering medical, nursing, behavioral health and personal care services, in accordance with generally accepted practices of health care. The standards shall require that a physician who is licensed pursuant to title 32, chapter 13 or 17 medically discharge patients from surgery and shall allow an outpatient surgical center to require that either an anesthesia provider who is licensed pursuant to title 32, chapter 13, 15 or 17 or a physician who is licensed pursuant to title 32, chapter 13 or 17 remain present on the premises until all patients are discharged from the recovery room. Except as otherwise provided in this subsection, the director shall use the current standards adopted by the joint commission on accreditation of hospitals and the commission on accreditation of the American osteopathic association or those adopted by any recognized accreditation organization approved by the department as guidelines in prescribing minimum standards and requirements under this section.

B. The director, by rule, may:

1. Classify and subclassify health care institutions according to character, size, range of services provided, medical or dental specialty offered, duration of care and standard of patient care required for the purposes of licensure. Classes of health care institutions may include hospitals, infirmaries, outpatient treatment centers, health screening services centers and residential care facilities. Whenever the director reasonably deems distinctions in rules and standards to be appropriate among different classes or subclasses of health care institutions, the director may make such distinctions.

2. Prescribe standards for determining a health care institution's substantial compliance with licensure requirements.

3. Prescribe the criteria for the licensure inspection process.

4. Prescribe standards for selecting health care-related demonstration projects.

5. Establish nonrefundable application and licensing fees for health care institutions, including a grace period and a fee for the late payment of licensing fees.

6. Establish a process for the department to notify a licensee of the licensee's licensing fee due date.

7. Establish a process for a licensee to request a different licensing fee due date, including any limits on the number of requests by the licensee.

C. The director, by rule, shall adopt licensing provisions that facilitate the colocation and integration of outpatient treatment centers that provide medical, nursing and health-related services with behavioral health services consistent with article 3.1 of this chapter.

D. The director shall establish a model in rule for the department to monitor health care institutions on-site that are found to not be in substantial compliance with the applicable licensure requirements. The director shall establish on-site monitoring fees for health care institutions that are subject to the on-site monitoring requirements. The department may not charge a fee pursuant to this subsection for a complaint or compliance-related survey or inspection if a health care institution is in substantial compliance.

E. The department may provide in-service training to health care institutions that request in-service training relating to regulatory compliance outside of the survey process. The director shall establish in rule in-service training fees for health care institutions that request in-service training from the department.

F. Ninety percent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the health services licensing fund established by section 36-414 and ten percent of the fees collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

G. Subsection B, paragraph 5 of this section does not apply to a health care institution operated by a state agency pursuant to state or federal law or to adult foster care residential settings.
A.R.S. § 36-1946 — Arizona Code / Title 36 / Chapter 17.1 / Article 1 / Section 1946
36-1946 Interpreters for the deaf and the hard of hearing; certification; licensure
Status: in_force

36-1946. Interpreters for the deaf and the hard of hearing; certification; licensure

The commission shall:

1. Adopt rules necessary to achieve the purposes of section 12-242.

2. By rule, classify interpreters for the deaf and the hard of hearing based on the level of interpreting skills acquired by that person.

3. By rule, establish standards and procedures for the qualification and licensure of each classification of interpreters.

4. Help establish partnerships with colleges and universities in this state to provide interpreter and support service provider training and degree programs.

5. By rule, establish standards and procedures to certify sign language teachers to teach American sign language.

6. Beginning on September 1, 2007, license interpreters for the deaf and the hard of hearing pursuant to article 2 of this chapter.
A.R.S. § 36-1403 — Arizona Code / Title 36 / Chapter 12 / Article 1 / Section 1403
36-1403 Powers of municipalities
Status: in_force

36-1403. Powers of municipalities

A. Every public housing authority, city, town and county, in addition to other powers conferred by this article, may:

1. Within its area of operation prepare, carry out, acquire, purchase, lease, construct, reconstruct, improve, alter, extend or repair any housing project or projects or part of these projects, and operate and maintain the project or projects. For any such purpose the governing body of the public housing authority, city, town or county may appropriate money and authorize the use of any property of the public body.

2. Purchase its bonds issued pursuant to this article at a price not exceeding the principal amount of the bonds and accrued interest for the purpose of canceling these bonds.

3. Lease or rent dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in a housing project and, subject to the limitations of this article, establish, collect and revise the rents or charges.

4. Own, hold and improve real or personal property.

5. Purchase, lease, obtain options on and acquire by gift, grant, bequest, devise or otherwise any real or personal property or any interest in that real or personal property.

6. Acquire by the exercise of the power of eminent domain any real property.

7. Sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or interest in that real or personal property.

8. Procure or agree to the procurement of insurance or guarantees from the federal government of the payment of bonds or parts of bonds that are issued pursuant to this article, including the power to pay premiums on that insurance.

9. Except for federal lands or lands that belong to a registered Indian tribe, enter on any lands, buildings or property for the purpose of making surveys, soundings and examinations in connection with the planning or construction, or both, of a housing project.

10. Insure or provide for insurance for housing projects of the public housing authority, city, town or county against such risks as the governing board, council or commission of the public housing authority, city, town or county deems advisable.

11. Arrange or contract for furnishing by a person, company or agency, public or private, of services, privileges, works or facilities for or in connection with a housing project or the occupants of a housing project and include in any construction contract let in connection with a housing project stipulations requiring the contractor and subcontractors to comply with employment requirements, including those in the constitution and laws of the state, as to minimum wages and maximum hours of labor, and with any conditions that the federal government attaches to its financial aid to the project.

12. Within its area of operation:

(a) Investigate living, dwelling and housing conditions and the means and methods of improving such conditions.

(b) Determine where blighted areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income.

(c) Make studies and recommendations relating to the problem of clearing, planning, designing and reconstructing blighted areas, and the problem of providing dwelling accommodations for persons of low income, and cooperate with the state or any political subdivision of this state in actions taken in connection with these problems.

(d) Engage in research, studies and experimentation on the subject of housing.

13. Exercise all or any part or combination of powers granted by this article.

B. A county shall not initiate a housing project within the boundaries of a city or town unless authorized by resolution of the governing body of the city or town.

C. To obtain low income tax credits, a county, city, town or public housing authority may, pursuant to section 11-952, jointly exercise powers prescribed in this article, including the joint submission of an application for low income tax credits for one or more projects, on a cooperative basis with one another or may jointly form a nonprofit corporation that may exercise the powers prescribed in this article.

D. A public housing authority established pursuant to this article shall be a tax-levying public improvement district for all the purposes of article XIII, section 7 of the constitution of Arizona and has the powers, privileges and immunities specifically granted by law, provided that a public housing authority may not levy or otherwise charge a tax or other assessment against the taxpayers of the jurisdiction establishing the public housing authority.
A.R.S. § 36-446.05 — Arizona Code / Title 36 / Chapter 4 / Article 6 / Section 446.05
36-446.05 Reciprocity; present administrators
Status: in_force

36-446.05. Reciprocity; present administrators

The board may issue a nursing care institution administrator's license, without examination or with partial examination, to any person who holds a current license from another state or territory of the United States provided the standards for licensure in such other state or territory of the United States are at least substantially equivalent to those prevailing in this state, and provided that the applicant is otherwise qualified.
A.R.S. § 36-671 — Arizona Code / Title 36 / Chapter 6 / Article 4.1 / Section 671
36-671 Definitions
Status: in_force

36-671. 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. "Documentary proof" means written evidence that a pupil has been immunized or has laboratory evidence of immunity which conforms with the standards promulgated pursuant to section 15-872.

4. "Dose" means the number in a series of immunizations which may be prescribed pursuant to section 36-672.

5. "Health agency" means a local health department or similar governmental agency established pursuant to the laws of another state or country and its officers and employees.

6. "Immunization" means the process of inoculation with a specific antigen to promote antibody formation in the body.

7. "Immunized" means the required initial immunization and boosters or reimmunization prescribed pursuant to section 36-672.

8. "Laboratory evidence of immunity" means written evidence of serologic confirmation of the presence of specific antibodies against an immunization-preventable disease which is signed by a physician or an authorized representative of a health agency.

9. "Local health department" means local health departments established pursuant to chapter 1, article 4 of this title.

10. "Physician" means a person licensed pursuant to title 32, chapter 13, 17 or 29 or a person licensed to practice allopathic or osteopathic medicine under the laws of another state or country.

11. "Pupil" means a person who is eligible to receive instruction at a school and includes pre-kindergarten age children receiving either services for children with disabilities or day care on a school campus otherwise exempt from day care rules pursuant to section 36-884.

12. "School" means a public, private or parochial school that offers instruction at any level or grade through twelfth grade, except for day care facilities regulated pursuant to chapter 7.1 of this title.

13. "School administrator" means the principal or person having general daily control and supervision of the school or that person's designee.
A.R.S. § 36-2006 — Arizona Code / Title 36 / Chapter 18 / Article 1 / Section 2006
36-2006 Department of health services monitoring of screening, education and treatment programs
Status: in_force

36-2006. Department of health services monitoring of screening, education and treatment programs

A. The department of health services shall monitor the alcohol and other drug screening, education or treatment programs and facilities that are used pursuant to sections 5-395.01, 8-249, 28-1381, 28-1382 and 28-1383.

B. The department of health services shall:

1. Adopt rules establishing the standards for approval of alcohol and other drug screening, education and treatment facilities.

2. Approve alcohol and other drug screening, education and treatment facilities.

3. Adopt rules establishing the standards for referrals to alcohol and other drug screening, education and treatment facilities.

4. Establish a standardized screening assessment.

5. Establish reporting and record keeping requirements for alcohol and other drug screening, education and treatment facilities.
A.R.S. § 36-2907.07 — Arizona Code / Title 36 / Chapter 29 / Article 1 / Section 2907.07
36-2907.07 Tobacco tax program evaluations
Status: in_force

36-2907.07. Tobacco tax program evaluations

A. Subject to the availability of monies, the administration may enter into an intergovernmental agreement pursuant to title 11, chapter 7, article 3 to contract with the auditor general to conduct or cause to conduct program evaluations of programs that both receive tobacco tax monies pursuant to section 36-774 and are administered by the department of health services.

B. If the administration contracts for the annual program evaluations:

1. The auditor general shall establish a schedule for periodic reviews of the programs.  The auditor general shall notify the joint legislative audit committee of the schedule for the periodic reviews of the programs. The joint legislative audit committee shall review the schedule and may approve or modify it.

2. The evaluations shall examine the effectiveness of the programs, the organizational structure of the programs and the efficiency of the programs.

3. The evaluations shall include but are not limited to the following utilization information:

(a) The level and scope of services being offered.

(b) The type of services being used.

(c) The frequency of services being used.

(d) The personal characteristics of the program participants who receive services.

(e) The demographic characteristics of the program participants who receive services.

4. The evaluations shall include but are not limited to:

(a) Information on the number of the program participants.

(b) Information on program contractors and program service providers.

(c) Information on program revenues and expenditures.

(d) Information on the average cost for each program participant receiving services and information on the average cost of providing each service.

(e) Information on the administrative costs to operate each program.

(f) An evaluation of the methods used by the department of health services for selecting eligible contractors.

(g) An estimate of the benefits and effects of providing health care services to persons who cannot afford those services or for whom there would otherwise be no coverage.

5. The department of health services shall provide data necessary to complete the evaluations.

6. The auditor general shall submit an annual report to the director of the joint legislative budget committee regarding the evaluations no later than November 1 of each year.
A.R.S. § 36-3296 — Arizona Code / Title 36 / Chapter 32 / Article 7 / Section 3296
36-3296 Liability; limitation
Status: in_force

36-3296. Liability; limitation

A. Except for acts of gross negligence, wilful misconduct or intentional wrongdoing, the qualifying health information exchange organization and its contractors are not subject to civil liability for any claims or demands arising out of the administration or operation of, or the provision of access to information stored in, the registry established pursuant to this article.

B. This article does not require a health care provider to request from the registry information about whether a patient has executed a health care directive.  A health care provider who makes good faith health care decisions in reliance on the provisions of an apparently genuine health care directive received from the registry is immune from criminal and civil liability to the same extent and under the same conditions as prescribed in sections 36-3205 and 36-3251, except that the requirement that a prehospital medical care directive be on an orange form does not apply to a health care provider who relies on a prehospital medical care directive displayed through the registry.

C. This article does not affect the duty of a health care provider to provide information to a patient regarding health care directives pursuant to federal law.
A.R.S. § 36-596.51 — Arizona Code / Title 36 / Chapter 5.1 / Article 5 / Section 596.51
36-596.51 Definitions
Status: in_force

36-596.51. Definitions

In this article, unless the context otherwise requires:

1. "Assistant director" means the assistant director of the division of developmental disabilities.

2. "Community supports" means community based programs designed to promote independence, productivity and integration for individuals with developmental disabilities and their families.

3. "District" means an administrative area of this state designated by the division of developmental disabilities in the department of economic security.

4. "Family" means a group that lives together and that consists of at least one person with a developmental disability and that person's parent.

5. "Family support" means services, supports and other assistance that are provided to families with members who have a developmental disability and that are designed to:

(a) Strengthen the family's role as a primary care giver.

(b) Prevent inappropriate out of home placement.

(c) Maintain family unity.

(d) Reunite families with members who have been placed out of the home.

(e) Include respite care, assistive technology, appropriate personal assistance services, parent training and counseling, vehicular and home modifications and assistance with extraordinary expenses associated with the needs of the person with a developmental disability.

6. "Family support subsidy" means a grant that is provided to a family on behalf of a family member with a developmental disability or directly to an individual with a developmental disability for the purchase of services or necessities required to keep the family member or the individual in the family home or their own home or noninstitutional setting.

7. "Family support voucher" means an authorization of payment for services.

8. "Independent" or "independence" means the extent to which individuals with developmental disabilities and their families exert control and choice over their own lives.

9. "Individual program plan team" means a group of people interested in or providing individual support to:

(a) An individual with a developmental disability. If that person is under eighteen years of age or has a legal guardian, the team shall first have the permission of the parent or guardian.

(b) A parent or guardian.

(c) Family members, health professionals and other individuals that a parent or guardian invites to participate in the individual program plan.

(d) A representative of the division or the district providing the program.

(e) The provider of services to a person with a developmental disability or a representative of that provider.

(f) The case manager.

10. "Individual support" means services, supports and other assistance that enables a person with a developmental disability to be independent, productive and integrated in that person's community and that is designed to:

(a) Enable the person to control that person's environment and have the most independent life possible.

(b) Prevent placement in a more restrictive living arrangement than is necessary.

(c) Enable the person to live, learn, work and enjoy life in the community.

(d) Include appropriate personal assistance services, assistive technology, vehicular and home modification, support at work and transportation.

11. "Integration" means that persons with developmental disabilities and their families:

(a) Participate in the same community activities and employment as those persons without disabilities.

(b) Use the same community resources as those persons without disabilities.

(c) Reside in homes that are part of the community.

(d) Have contact with persons without developmental disabilities.

12. "Parent" includes a guardian, a legal custodian and a person acting in the place of a parent. Parent does not include a paid care provider.

13. "Productivity" means engagement in income producing work that is measured through improvements in income level, employment status or job advancement or engagement in work that contributes to a household or community.

14. "Therapeutic services" means occupational, physical, speech and language, respiratory, vision and other therapies to increase, maintain or improve the functional capacities of individuals with disabilities.
A.R.S. § 36-796.02 — Arizona Code / Title 36 / Chapter 6 / Article 11 / Section 796.02
36-796.02 Labeling of bedding required
Status: in_force

36-796.02. Labeling of bedding required

A. A person shall not manufacture, repair, renovate or sell, or have in the person's possession with intent to sell, any item of bedding, unless there is securely attached a clearly visible tag made of substantial cloth or a material of equal quality and attached at the factory.

B. Bedding manufactured in whole from all new material shall have securely attached a white tag not less than six square inches on which is plainly stamped or printed in black ink in English:

1. "All New Material" in lettering not less than one-eighth inch in height.

2. The name and address of the manufacturer or distributor.

3. The manufacturer's registration or license number if the manufacturer is registered or licensed in another state.

4. The kind and grade of each material used in filling, expressed in percentages by weight when mixed.

C. Bedding manufactured in whole or in part from secondhand material shall have securely attached a red tag not less than twelve square inches on which is plainly printed in black ink in English:

1. "Secondhand Material" in lettering not less than one-fourth inch in height.

2. The name and address of the manufacturer.

3. The manufacturer's registration or license number if the manufacturer is registered or licensed in another state.

D. Subsection C does not apply to bedding reworked, repaired or renovated for the owner for the owner's own use.

E. Bedding renovated, reworked or repaired for the owner, for the owner's use and from the owner's material, which is in whole or in part secondhand, shall have securely attached a green tag not less than six square inches on which is plainly printed in black ink in English:

1. "Not for Sale, Owner's Own Material that is Secondhand Material" in lettering not less than one-eighth inch in height.

2. The name and address of the renovator.

3. The name and address of the owner.

F. A person shall not make any false or misleading statements on the tag required by this section.  A person shall not remove, deface, alter or cause to be removed, defaced or altered any tag or statement contained on the tag for the purpose of violating any provision of this article.  The placing of material or marks over any lettering on the tag is a defacement of the tag.