reglab/housing_qa huggingface dataset:
AZ Rev Stat § 36-441 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-441 - Health care utilization committees; immunity; exception; definition

36-441.  Health care utilization committees;  immunity;  exception;  definition A. A person who without malice makes a decision or recommendation as a member,  agent or employee of a health care utilization committee or who furnishes any records,  information or assistance to that committee at its request is not subject to liability for civil damages or any legal action in consequence of that action. In any such action,  the absence of malice is presumed. This presumption may be overcome only by a showing of clear and convincing evidence. This section does not relieve a person of liability arising from treatment of a patient. For the purposes of this subsection,  " malice"  means evil intent and outrageous,  oppressive or intolerable conduct that creates a substantial risk of tremendous harm to others. B. All proceedings,  records and materials prepared in connection with the activities of a health care utilization committee are confidential and are not subject to discovery except: 1. In proceedings before the Arizona medical board or the board of osteopathic examiners. 2. In actions by an individual health care provider against the health care institution or outpatient surgical center arising from the discipline or other adverse action taken against the individual as a result of utilization review. C. No member of a utilization review committee,  person engaged in assisting the committee or person furnishing information to the committee may be subpoenaed to testify in a judicial or quasi-judicial proceeding if the subpoena is based solely on the utilization review committee's activities. D. This section does not: 1. Affect a patient's claim to privilege or privacy. 2. Prevent the subpoena of a patient's medical records if they are otherwise subject to discovery. 3. Restrict the powers and duties of the director pursuant to this chapter with respect to records and information that are not subject to this section. E. In a legal action brought against a hospital or outpatient surgical center for failure to adequately perform utilization review,  representatives of the facility may testify as to whether there was utilization review with respect to the subject matter of the litigation. F. All proceedings,  records and materials prepared in connection with utilization review are confidential and inadmissible as evidence in a court proceeding. G. For the purposes of this section,  " health care utilization committee"  means a committee established by a hospital or an outpatient surgical center to review or evaluate the utilization,  appropriateness and necessity of health care services provided by that facility.
AZ Rev Stat § 36-445 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-445 - Review of certain medical practices

36-445.  Review of certain medical practices The governing body of each licensed hospital or outpatient surgical center shall require that physicians admitted to practice in the hospital or center organize into committees or other organizational structures to review the professional practices within the hospital or center for the purposes of reducing morbidity and mortality and for the improvement of the care of patients provided in the institution. Such review shall include the nature,  quality and necessity of the care provided and the preventability of complications and deaths occurring in the hospital or center. Such review need not identify the patient or doctor by name but may use a case number or some other such designation.
AZ Rev Stat § 36-445.01 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-445.01 - Confidentiality of information; conditions of disclosure

36-445.01.  Confidentiality of information;  conditions of disclosure A. All proceedings,  records and materials prepared in connection with the reviews provided for in section 36-445,  including all peer reviews of individual health care providers practicing in and applying to practice in hospitals or outpatient surgical centers and the records of such reviews,  are confidential and are not subject to discovery except in proceedings before the Arizona medical board or the board of osteopathic examiners,  or in actions by an individual health care provider against a hospital or center or its medical staff arising from discipline of such individual health care provider or refusal,  termination,  suspension or limitation of the health care provider's privileges. No member of a committee established under the provisions of section 36-445 or officer or other member of a hospital's or center's medical,  administrative or nursing staff engaged in assisting the hospital or center to carry out functions in accordance with that section or any person furnishing information to a committee performing peer review may be subpoenaed to testify in any judicial or quasi-judicial proceeding if the subpoena is based solely on those activities. B. This article does not affect any patient's claim to privilege or privacy or to prevent the subpoena of a patient's medical records if they are otherwise subject to discovery or to restrict the powers and duties of the director pursuant to this chapter,  with respect to records and information that are not subject to this article. In any legal action brought against a hospital or outpatient surgical center licensed pursuant to this chapter claiming negligence for failure to adequately do peer review,  representatives of the hospital or center are permitted to testify as to whether there was peer review as to the subject matter being litigated. The contents and records of the peer review proceedings are fully confidential and inadmissible as evidence in any court of law.
AZ Rev Stat § 36-445.02 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-445.02 - Immunity relating to review of medical practices

36-445.02.  Immunity relating to review of medical practices A. Any individual who,  in connection with duties or functions of a hospital or outpatient surgical center pursuant to section 36-445,  makes a decision or recommendation as a member,  agent or employee of the medical or administrative staff of a hospital or center or of one of its review committees or related organizations or who furnishes any records,  information,  or assistance to such medical staff or review committee or related organization is not subject to liability for civil damages or legal action in consequence thereof. B. No hospital or outpatient surgical center and no individual involved in carrying out review or disciplinary duties or functions of a hospital or center pursuant to section 36-445 may be liable in damages to any person who is denied the privilege to practice in a hospital or center or whose privileges are suspended,  limited or revoked. The only legal action which may be maintained by a licensed health care provider based on the performance or nonperformance of such duties and functions is an action for injunctive relief seeking to correct an erroneous decision or procedure. The review shall be limited to a review of the record. If the record shows that the denial,  revocation,  limitation or suspension of membership or privileges is supported by substantial evidence,  no injunction shall issue. In such actions,  the prevailing party shall be awarded taxable costs,  but no other monetary relief shall be awarded. C. Nothing in this section relieves any individual,  hospital or outpatient surgical center from liability arising from treatment of a patient.
AZ Rev Stat § 36-445.03 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-445.03 - Limitation of publication; identity of patient confidential

36-445.03.  Limitation of publication;  identity of patient confidential Any publication of the results of a review for the purposes provided in sections 36-445 and 36-445.01 shall be made only for the purposes provided in those sections and shall keep confidential the identity of any patient whose condition,  care or treatment was a part thereof.
AZ Rev Stat § 36-445.04 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-445.04 - Freestanding urgent care center incident reporting; confidentiality requirement

36-445.04.  Freestanding urgent care center incident reporting;  confidentiality requirement If a patient's death occurs at a freestanding urgent care center,  the center shall report the death to the department not later than the next department workday. The department shall not release personally identifiable patient or physician information.
AZ Rev Stat § 36-446 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446 - Definitions

36-446.  Definitions In this article,  unless the context otherwise requires: 1. " Administrator"  or " nursing care institution administrator"  means a person who is charged with the general administration of a nursing care institution,  whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others. 2. " Assisted living facility"  has the same meaning prescribed in section 36-401. 3. " Assisted living facility manager"  means a person who has responsibility for administering or managing an assisted living facility,  whether or not that person has an ownership interest in the institution and whether or not the person's functions and duties are shared with others. 4. " Assisted living facility training program"  includes: (a) Training that is required for assisted living facility manager certification. (b) Training that is required for assisted living facility caregivers and that is either: (i) Consistent with the training,  competency and test methodology standards developed by the Arizona health care cost containment system administration for in-home direct care workers. (ii) As prescribed in section 36-446.16. 5. " Board"  means the board of examiners of nursing care institution administrators and assisted living facility managers. 6. " Department"  means the department of health services. 7. " Directed care services"  has the same meaning prescribed in section 36-401. 8. " Director"  means the director of the department of health services. 9. " Nursing care institution" :  (a) Means an institution or other place,  however named,  whether for profit or not,  including facilities operated by this state or a subdivision of this state,  that is advertised,  offered,  maintained or operated for the express or implied purpose of providing care to persons who need nursing services on a continuing basis but who do not require hospital care or care under the daily direction of a physician.  (b) Does not include: (i) An institution for the care and treatment of the sick that is operated only for those who rely solely on treatment by prayer or spiritual means in accordance with the tenets of a recognized religious denomination.  (ii) Nursing care services that are an integral part of a hospital licensed pursuant to this chapter. 10. " Unprofessional conduct"  includes: (a) Dishonesty,  fraud,  incompetency or gross negligence in performing administrative duties. (b) Gross immorality or proselytizing religious views on patients without their consent. (c) Other abuses of official responsibilities,  which may include intimidating or neglecting patients.
AZ Rev Stat § 36-446.01 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.01 - Licensure or certification requirements

36-446.01.  Licensure or certification requirements A. A nursing care institution shall not operate in this state except under the supervision of an administrator licensed pursuant to this article. B. An assisted living facility shall not operate in this state except under the supervision of a manager certified pursuant to this article. C. It is unlawful for any person who does not have a license or certificate,  or whose license or certificate has lapsed or has been suspended or revoked,  to practice or offer to practice skilled nursing facility administration or assisted living facility management or use any title,  sign,  card or device indicating that such person is an administrator or manager.
AZ Rev Stat § 36-446.02 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.02 - Board of examiners; terms; meetings; quorum; effect of vacancies; compensation

36-446.02.  Board of examiners;  terms;  meetings;  quorum;  effect of vacancies;  compensation A. The board of examiners of nursing care institution administrators and assisted living facility managers is established consisting of eleven members appointed by the governor. B. The board shall include: 1. One administrator who holds an active license issued pursuant to this article. 2. One manager who holds an active license issued pursuant to this article. 3. One administrator of a nonprofit or faith-based skilled nursing facility. 4. One administrator of a proprietary skilled nursing facility. 5. Two managers of an assisted living center as defined in section 36-401. 6. One manager of an assisted living home as defined in section 36-401. 7. Two public members who are not affiliated with a nursing care institution or an assisted living facility. 8. One public member who represents an organization that advocates for the elderly. 9. One person who is a family member of a resident in either a skilled nursing facility or an assisted living facility at the time the person is appointed to the board. C. Board members who are not affiliated with a nursing care institution or an assisted living facility shall not have a direct financial interest in nursing care institutions or assisted living facilities. D. A board member shall not serve on any other board relating to long-term care during the member's term with the board. E. The term of a board member automatically ends when that member no longer meets the qualifications for appointment to the board. The board shall notify the governor of the board vacancy. F. Board members who are not affiliated with a nursing care institution or an assisted living facility shall be appointed for two-year terms. Board members who are the administrator of a nursing care institution or the manager of an assisted living facility shall be appointed for three-year terms. G. A board member shall not serve for more than two consecutive terms. H. The board shall meet at least twice a year. I. A majority of the board members constitutes a quorum. J. Board members are eligible to receive compensation as determined pursuant to section 38-611 for each day actually spent performing their duties under this chapter. K. A board member who is absent from three consecutive regular meetings or who fails to attend more than fifty percent of board meetings over the course of one calendar year vacates the board member's position. The board shall notify the governor of the vacancy.
AZ Rev Stat § 36-446.05 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.05 - Reciprocity; present administrators

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.
AZ Rev Stat § 36-446.06 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.06 - Temporary licenses and certificates

36-446.06.  Temporary licenses and certificates A. The board may issue a temporary nursing care institution administrator's license or assisted living facility manager's certificate to individuals determined to meet standards established by the board and revoke or suspend temporary licenses or certificates previously issued by the board in any case where the individual holding a license or certificate is determined to have substantially failed to conform to the requirements of such standards during the term of the temporary license or certificate. B. A temporary license or certificate is automatically revoked if the licensee or certificate holder fails either the state or national examination during the term of the license. C. Temporary licenses or certificates may be issued without examination,  for a single nonrenewable period of one hundred fifty days,  to a qualified individual for the purpose of enabling the individual to fill a nursing care administrator or assisted living facility manager position. Qualifications for a temporary license or certificate shall include good character and the ability to meet such other standards as are established by the board. D. An applicant for a temporary license or certificate shall not have failed a state or national examination either before or after applying for the temporary license or certificate.
AZ Rev Stat § 36-446.08 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.08 - Nursing care institution administrators' licensing and assisted living facility managers' certification fund; investment of fund monies

36-446.08.  Nursing care institution administrators' licensing and assisted living facility managers' certification fund;  investment of fund monies A. The nursing care institution administrators' licensing and assisted living facility managers' certification fund is established. B. Pursuant to sections 35-146 and 35-147,  the board shall deposit ten per cent of all monies collected pursuant to this article in the state general fund and deposit the remaining ninety per cent in the nursing care institution administrators' licensing and assisted living facility managers' certification fund. All monies derived from civil penalties collected pursuant to section 36-446.07,  subsection C shall be deposited,  pursuant to sections 35-146 and 35-147,  in the state general fund. C. Monies deposited in the nursing care institution administrators' licensing and assisted living facility managers' certification fund are subject to the provisions of section 35-143.01. D. On notice from the board,  the state treasurer shall invest and divest monies in the fund as provided by section 35-313,  and monies earned from investment shall be credited to the fund.
AZ Rev Stat § 36-446.09 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.09 - Violations; classification

36-446.09.  Violations;  classification A. Any person who manages,  directs and controls the operation of a nursing care institution or an assisted living facility without a current and valid license or certificate as required by this article or who otherwise violates any provisions of this article is guilty of a class 2 misdemeanor. Each day of violation shall constitute a separate offense. B. Action taken under subsection A shall not be a bar to enforcement of this article and the standards and rules issued and adopted pursuant to this article,  by injunction or other appropriate remedy,  and the board may institute and maintain in the name of this state any such enforcement proceeding.
AZ Rev Stat § 36-446.10 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.10 - Confidentiality of records; release of complainant's name and nature of complaint

36-446.10.  Confidentiality of records;  release of complainant's name and nature of complaint A. Except as provided in subsection B,  all records concerning a pending investigation,  examination materials,  records of examination grading and applicants' performance and transcripts of educational institutions concerning applicants are confidential and are not public records. " Records of applicants' performance"  does not include records of whether an applicant passed or failed an examination. B. During a pending investigation,  the board shall inform the administrator or manager who is the subject of the complaint of the name of the complainant and the nature of the complaint if so requested.
AZ Rev Stat § 36-446.11 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.11 - Relief from civil liability

36-446.11.  Relief from civil liability Members,  employees and agents of the board and members of review committees shall not be held civilly liable for acts done or actions taken by any of these persons if such persons act in good faith following the requirements of this article. A person who in good faith reports or provides information to the board shall not be held civilly liable as a result of doing so.
AZ Rev Stat § 36-446.12 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.12 - Fees

36-446.12.  Fees A. The board by rule shall establish nonrefundable fees and penalties for the following for nursing care institution administrators: 1. Initial application. 2. Examination for licensure as a nursing care institution administrator. 3. A license as a nursing care institution administrator. 4. Renewing an active biennial license. 5. Renewing an inactive biennial license. 6. A temporary license as a nursing care institution administrator. 7. Readministering the state examination. 8. Readministering the national examination. 9. A duplicate license. 10. Late renewal of a license. 11. Certifying licensure status. 12. Reviewing the sponsorship of continuing education programs,  for each credit hour. 13. Reviewing an individual's request for continuing education credit hours,  for each credit hour. B. The board shall prorate on a monthly basis fees paid for an initial license as a nursing care institution administrator. C. The board by rule shall limit by percentage the amount it may increase a fee above the amount of a fee previously prescribed by the board pursuant to this section.
AZ Rev Stat § 36-446.13 (2021)
2021 Arizona Revised Statutes|Title 36 - Public Health and Safety|§ 36-446.13 - Unlawful act; unlicensed operation; injunction

36-446.13.  Unlawful act;  unlicensed operation;  injunction A. On application by the board,  the superior court may issue an injunction to enjoin the activities of a person who purports to be licensed pursuant to this article or who is engaging in the activities of a nursing care institution administrator without a license. B. In a petition for injunction filed pursuant to this section,  it is sufficient to charge that the respondent on a certain day in a named county engaged in the activities of a nursing care institution administrator without a license and without being exempt from the licensing requirements of this article. C. For the purposes of this section,  damage or injury is presumed. D. A petition for an injunction to enjoin unlicensed activities shall be filed in the name of this state in the superior court in the county where the respondent resides or may be found or in Maricopa county. On request of the board,  the attorney general shall file the injunction. E. Issuance of an injunction does not relieve the respondent from being subject to other proceedings as provided in this article.