reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-899 - Definitions

36-899.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Department"  means the department of health services.
2. " Director"  means the director of the department of health services.
3. " Hearing evaluation services"  means services which include the identification,  testing,  evaluation and initiation of follow-up services as defined in the rules and regulations of the department,  as provided by section 36-899.03.
4. " Hearing screening evaluation"  means the evaluation of the ability to hear certain frequencies at a consistent loudness.
5. " Private education program"  means all programs of private education offering courses of study for grades,  kindergarten through the twelfth grade of high school.
6. " Public education program"  means all kindergarten,  primary and secondary programs of education within the public school system,  including but not beyond the twelfth grade of common or high school.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-899.01 - Program for all school children; administration

36-899.01.
Program for all school children;  administration
A. A program of hearing evaluation services is established by the department. Such services shall be administered to all children as early as possible,  but in no event later than the first year of attendance in any public or private education program,  or residential facility for children with disabilities,  and thereafter as circumstances permit until the child has attained the age of sixteen years or is no longer enrolled in a public or private education program.
B. The program of hearing evaluation services for children in a public education program shall be administered by the department with the aid of the department of education.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-899.02 - Powers of the department; limitations

36-899.02.
Powers of the department;  limitations
A. The department may,  in administering the program of hearing evaluation services:
1. Provide consulting services,  establish or supplement hearing evaluation services in local health departments,  public or private education programs or other community agencies.
2. Provide for the training of personnel to administer hearing screening evaluations.
3. Delegate powers and duties to other state agencies,  county and local health departments,  county and local boards of education or boards of trustees of private education programs or other community agencies to develop and maintain periodic hearing evaluation services.
4. Provide services by contractual arrangement for the development and maintenance of periodic hearing evaluation services.
5. Accept reports of hearing evaluation from qualified medical or other professional specialists employed by parents or guardians for hearing evaluation when such reports are submitted to the department.
B. The department shall not replace any qualified existing service.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-902 - Prohibited acts

36-902.
Prohibited acts
The following acts and the causing thereof within the state of Arizona are prohibited:
1. The manufacture,  sale,  delivery,  holding or offering for sale of any food that is known to be adulterated or misbranded.
2. The adulteration or misbranding of any food.
3. The receipt in commerce of any food that is known to be adulterated or misbranded,  and the delivery or proffered delivery thereof for pay or otherwise.
4. The dissemination of any false advertisement with respect to a food.
5. The giving of a guaranty or undertaking as provided for in section 36-914 which guaranty or undertaking is false,  except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the state of Arizona from whom he received the food in good faith.
6. The removal or disposal of a detained or embargoed food in violation of section 36-910.
7. The intentional alteration,  mutilation,  destruction,  obliteration or removal of the whole or any part of the labeling of a food,  or the doing of any other act with respect to a food,  if such act is done while such food is held for sale and results in such food being adulterated or misbranded.
8. Forging,  counterfeiting,  simulating or falsely representing,  or without proper authority using,  any mark,  stamp,  tag,  label or other identification device authorized or required by regulations promulgated under the provisions of this article or of the federal act.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-903 - Food standards

36-903.
Food standards
When the director determines that such action will promote honesty and fair dealing in the interest of consumers,  the director shall promulgate regulations establishing for any food or class of food a reasonable definition and standard of identity,  or reasonable standard of quality or fill of container or any combination thereof. In prescribing a definition and standard of identity for any food or class of food in which optional ingredients are permitted,  the director may designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act. The director shall not establish standards for any food or class of food regulated for any other state agency.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-907 - Misleading labeling and advertisements; considerations

36-907.
Misleading labeling and advertisements;  considerations
When a food is alleged to be misbranded because the labeling is misleading,  or when an advertisement of a food is alleged to be false because it is misleading,  then in determining whether the labeling or advertisement is misleading,  there shall be considered,  among other things and in addition to representations made or suggested in the labeling or advertising,  the extent to which the labeling or advertisement fails to reveal facts material in light of such representations or material with respect to consequences which may result from use of the food under the conditions of use prescribed in the labeling or advertisement or under such conditions of use as are customary or usual.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-908 - Special inspection warrant; violation; classification

36-908.
Special inspection warrant;  violation;  classification
A. The director and his designees having powers and duties under this article or the rules and regulations adopted pursuant to this article involving inspection of real or personal property,  including any factory,  warehouse,  vehicle or establishment in which foods are manufactured,  processed,  packed,  transported or held for introduction into commerce,  for the purpose of pure food control may appear before a magistrate and apply for,  obtain and execute special inspection warrants in accordance with the requirements of this section.
B. Upon showing by the affidavit of the director or his designee that consent to entry for inspection purposes has been refused or circumstances justify the failure to seek such consent,  special inspection warrants may be issued by a magistrate for inspection of any public or private real and personal properties.
C. The warrant shall be in substantially the following form:
" County of _______________,  state of Arizona
To the director of the department of health
services or any designee in the state of Arizona,
Proof by affidavit having been this day made before me by (person or persons whose affidavit has been taken) that in and upon certain premises in the (city,  town or county) of _______________ and more particularly described as follows:
(describe the premises within reasonable particularity)
there now exists a reasonable governmental interest to determine if upon such premises there exists a violation of (section __________ of the Arizona Revised Statutes) and/or (section __________ of regulation or ordinance) you are therefore commanded in the daytime (or during reasonable business hours),  to make an inspection of said premises as soon as practicable.
Date,  signature and title of office."
The endorsement on the warrant shall be in substantially the following form: " Received by me __________,  19___,  at __________ o'clock __________.
(Name of director or designee)."
The return of officer shall be in substantially the following form: " I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings).
Dated this __________ day of _______________,  19___.
(Name of director or designee)."
D. The warrant may be served by the director or his designee mentioned in its directions,  but by no other person except in aid of the director or his designee on his requiring it,  the director or his designee being present and acting in its execution.
E. A warrant shall be executed and returned to the magistrate who issued it within ten days after its date. After the expiration of that time,  the warrant shall unless executed be void.
F. Any person who knowingly fails or refuses to permit an inspection lawfully authorized by warrant issued pursuant to this article is guilty of a class 2 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-911 - Enforcement regulations; decisions; appeal

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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-912 - Prosecution

36-912.
Prosecution
The attorney general or the county attorney of the county in which the violation occurs to whom the director reports any violation of this article shall cause appropriate proceedings to be instituted in the proper court. Before any violation of this article is reported to any such attorney for the institution of a criminal proceeding,  the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director or his designated agent,  either orally or in writing,  in person or by attorney,  with regard to such contemplated proceeding.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-914 - Violation; classification; guaranty

36-914.
Violation;  classification;  guaranty
A. Any person who violates any of the provisions of section 36-902 is guilty of a class 2 misdemeanor. In the instance of a continuing violation,  each day constitutes a separate offense.
B. No person shall be subject to the penalties of subsection A of this section for having violated paragraph 1 or 3 of section 36-902 if he establishes a guaranty or undertaking,  designating this article,  and signed by and containing the name and address of the person residing in the state of Arizona,  from whom he received the article in good faith,  to the effect that such article is not adulterated or misbranded within the meaning of this article.
C. No publisher,  broadcast or telecast licensee or agency or medium for the dissemination of an advertisement shall be liable under this section by reason of the dissemination by him of such false advertisement,  unless one or more of the following exists:
1. He knew or had reason to know that the advertisement was false.
2. He is also the manufacturer,  packer,  distributor or seller of the food to which the false advertisement relates.
3. He has refused a request of the director to furnish the director the name and post-office address of the manufacturer,  packer,  distributor,  seller or advertising agency who caused him to disseminate such advertisement.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-915 - Enrichment, fortification and labeling of flour, cereals and related foods; penalty

36-915.
Enrichment,  fortification and labeling of flour,  cereals and related foods;  penalty
A. The director shall adopt enrichment standards governing the identity and quantity of vitamins and minerals to be added to flour produced from small grain,  corn and soybeans,  and for any food products containing twenty five per cent or more of flour produced from small grain,  corn or soybeans.
B. The director shall adopt fortification standards governing the identity and quantity of vitamins and minerals to be added to processed cereal.
C. Such standards shall not exceed those necessary for the protection of the public health and safety. In adopting standards the director shall consider the current enrichment and fortification standards established by the secretary of health,  education and welfare under authority of federal law.
D. The director shall adopt rules and regulations governing labeling of enriched or fortified products which rules and regulations shall contain standards for listing of added ingredients and a statement of the quantity of each within stated limits.
E. It shall be unlawful for any person to manufacture,  sell or offer for sale for human consumption any foods or food products not enriched,  fortified or labeled in accordance with the requirements of this section or the standards adopted by the director pursuant to this section. The provisions of this subsection shall not apply to any person who sells or offers to sell such foods or food products in an isolated transaction or transactions which are not conducted as a primary or regular business operation for such person.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-941 - Definitions

36-941.
Definitions
In this article,  unless the context otherwise requires:
1. " Kosher"  means sanctioned by and prepared under the traditional Hebrew rules and requirements or dietary laws. The word " kosher"  as used in this article shall not be construed to include the words " kosher style."
2. " Place of business"  means grocery store,  market,  hotel,  inn,  restaurant,  boarding house,  eating house,  lunch room,  cafeteria,  caterer or other establishment or place in which meat,  meat products,  food or food products are sold for human consumption.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-942 - Sale of kosher food

36-942.
Sale of kosher food
A. It is unlawful,  with intent to defraud:
1. To sell,  offer or expose for sale,  by any method or in any form,  any meat or meat product,  food or food product,  whether raw or prepared for human consumption,  which in any manner or by any device is falsely represented or held out to be kosher or composed exclusively of kosher products.
2. To sell,  offer or expose for sale in the same place of business,  both kosher and nonkosher meat,  meat products,  food or food products,  unless there is prominently displayed in the show window of the place of business a sign bearing the words,  in block letters not less than four inches in height,  " kosher and nonkosher food sold here, "  and over each kind of meat,  meat product,  food or food product exposed or offered for sale a sign stating in block letters not less than two inches in height whether it is kosher or nonkosher.
3. To display in a place of business or in a window or door thereof,  or in hand bills or other printed matter exhibited or distributed in or outside a place of business,  words or letters in Hebrew,  or any character,  sign,  emblem,  insignia or symbol in simulation thereof,  without displaying in conjunction therewith in English letters of at least equal size as such characters a statement whether kosher only,  nonkosher only,  or both kosher and nonkosher meat,  meat products,  food or food products are sold therein.
B. Possession of nonkosher meat,  meat products,  food or food products by a person advertising the sale of kosher meat,  meat products,  food or food products only,  is prima facie evidence of intent to defraud.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-971 - Definitions

36-971.
Definitions
In this article,  unless the context otherwise requires:
1. " Bulk food"  means unpackaged and unwrapped food in aggregate containers from which quantities are withdrawn by the consumer,  excluding fresh fruits,  fresh vegetables,  nuts in the shell,  rice,  beans,  food in salad bars and potentially hazardous food.
2. " Potentially hazardous food"  means food that consists in whole or in part of milk or milk products,  eggs,  meat,  poultry,  fish,  shellfish,  edible crustacea or other ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms except clean,  whole,  uncracked,  odor free shell eggs or food that has a pH level of 4.6 or below or a water activity value of 0.85 or less measured at twenty-five degrees centigrade.
3. " Product module"  means a multi-use or single service food contact container designed for customer self-service of bulk food by either direct or indirect means.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-973 - Labeling; exception

36-973.
Labeling;  exception
A. Bulk food product modules shall be conspicuously labeled with the common name of the product,  a list of ingredients in order of predominance and a declaration of artificial color or flavor and any chemical preservatives contained in the product.
B. This section does not apply to bulk food manufactured on the premises or manufactured by the seller.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-974 - Protection from contamination

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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-975 - Dispensing

36-975.
Dispensing
A. Bulk food may be dispensed by either:
1. Mechanical dispensing devices including gravity dispensers,  pumps,  extruders and augers.
2. Manual dispensing from lidded product modules using utensils including tongs,  scoops,  ladles and spatulas.
B. A manual dispensing utensil shall have a handle long enough to avoid consumer contact with the bulk food. When dispensing utensils are not in use,  they shall be stored in the food with the handle extended out of the food,  in a sleeve or protective housing attached or adjacent to the display unit or on a tether made of easily cleanable material and short enough to prevent contact with the floor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-976 - Construction; materials

36-976.
Construction;  materials
A. Product modules and utensils shall be constructed of safe materials and shall be corrosion resistant,  nonabsorbent,  smooth,  easily cleanable and durable under conditions of normal use. Product modules and utensils shall not impart odors,  color,  taste or contamination to the food.
B. Product modules shall be easily removable from the display unit for servicing unless they can be effectively cleaned and sanitized without removal by a procedure that will not contaminate bulk food or related equipment.
C. Surfaces of product module display units and all display equipment not intended for food contact,  but exposed to food debris or other soiling,  shall be nonabsorbent,  smooth,  easily cleanable,  durable under conditions of normal use and free of unnecessary ledges,  projections and crevices. Tethers,  if used,  shall be easily removable for cleaning.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-977 - Cleaning frequency

36-977.
Cleaning frequency
A. Manual dispensing utensils shall be cleaned and sanitized at least daily,  or at more frequent intervals based on the type of food and the amount of food particle accumulation or soiling.
B. Product modules,  lids and other equipment shall be cleaned before restocking,  if soiled or at intervals on a schedule based on the type of food and the amount of food particle accumulation or soiling. Food contact surfaces shall be cleaned and sanitized immediately if contamination is observed or suspected.
C. Any bulk food remaining in a soiled product module shall be discarded before the product module is refilled.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-979 - Disease control

36-979.
Disease control
If the director of the department of health services finds that a disease or foreign matter is actually transmitted by a method of dispensing bulk foods that is permitted under section 36-975,  the director may adopt rules which prohibit the dispensing of bulk foods in a manner authorized by the provisions of section 36-975 to ensure the public health and safety. The rules shall address the specific relationship between the disease or foreign matter being transmitted and the dispensing methods permitted under section 36-975.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1101 - Definitions

36-1101.
Definitions
As used in this article unless the context otherwise requires:
1. " Dangerous,  caustic or corrosive substance"  means:
(a) Hydrochloric acid or any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten per cent or more.
(b) Sulphuric acid or any preparation containing free or chemically unneutralized sulphuric acid (H2 SO4) in a concentration of ten per cent or more.
(c) Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five per cent or more.
(d) Carbolic acid (C6 H5 OH),  otherwise known as phenol,  or any preparation containing carbolic acid in a concentration of five per cent or more.
(e) Oxalic acid or any preparation containing free or chemically unneutralized oxalic acid (C2 H2 O4) in a concentration of ten per cent or more.
(f) Any oxalic salt in a concentration of ten per cent or more.
(g) Acetic acid (HO2 H3 O2) in a concentration of twenty per cent or more.
(h) Hypochlorous acid,  either free or combined,  or any preparation containing hypochlorous acid in a concentration so as to yield ten per cent or more by weight,  of available chloride,  excluding calx chlorinate,  bleaching powder,  and chlorine of lime.
(i) Potassium hydroxide or any preparation containing free or chemically unneutralized potassium hydroxide (KOH),  including caustic potash and Vienna paste,  in a concentration of ten per cent or more.
(j) Sodium hydroxide or any preparation containing free or chemically unneutralized sodium hydroxide (NaOH),  including caustic soda and lye,  in a concentration of ten per cent or more.
(k) Silver nitrate,  sometimes known as lunar caustic,  or any preparation containing silver nitrate (AgNO3) in a concentration of five per cent or more.
(l) Ammonia water or any preparation yielding free or chemically uncombined ammonia (NH3),  including ammonium hydroxide and " hartshorn"  in a concentration of five per cent or more.
2. " Misbranded parcel,  package or container"  means a retail parcel,  package or container of any dangerous,  caustic or corrosive substance for household use,  not bearing a conspicuous,  easily legible label or sticker which bears:
(a) The name of the article.
(b) The name and place of business of the manufacturer,  packer,  seller or distributor.
(c) The word " poison, "  running parallel with the main body of reading matter on the label or sticker,  on a clear,  plain background of a distinctly contrasting color,  in uncondensed gothic capital letters not smaller than 24 point size,  unless there is on the label or sticker no other type so large,  in which case the type shall be not smaller than the largest type on the label or sticker.
(d) Directions for treatment in case of accidental personal injury by the dangerous,  caustic or corrosive substance.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1102 - Misbranding of package prohibited

36-1102.
Misbranding of package prohibited
No person shall sell,  barter or exchange,  receive,  hold,  pack,  display,  or offer for sale,  barter or exchange,  in this state any dangerous,  caustic or corrosive substance in a misbranded parcel,  package or container designed for or suitable to household use.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1103 - Condemnation and disposal of misbranded articles

36-1103.
Condemnation and disposal of misbranded articles
A. All substances and containers which are misbranded as defined by this article shall,  by order of the court,  be condemned and ordered destroyed,  sold or disposed of as the court directs.
B. Proceeds from such sale less the actual costs,  charges and expenses of seizure,  holding and sale,  as fixed by the court,  shall be paid to the county treasurer of the county in which the articles were seized,  but no such articles shall be sold contrary to the laws of the state.
C. Upon payment of the costs and expenses fixed by the court and execution and delivery to the court by the owner of the articles of a bond in an amount and with sureties approved by the court,  conditioned that the articles will not be unlawfully sold or otherwise disposed of,  the court may by order direct that the substances and articles be redelivered to the owner.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1104 - Enforcement; registration of brands and labels

36-1104.
Enforcement;  registration of brands and labels
A. The department of health services shall enforce the provisions of this article. The department may approve and register such brands and labels intended for use under the provisions of this article as are submitted which in its judgment conform to the requirements of this article.
B. In any prosecution under this article,  the fact that a brand or label involved in the prosecution has not been submitted to the department for approval,  or if submitted,  has not been approved by it,  is immaterial.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1151 - Definition of blood services

36-1151.
Definition of blood services
The procurement,  processing,  distribution,  or use of whole human blood,  plasma,  blood products and blood derivatives for the purpose of injecting or transfusing them into the human body shall be construed as to the transmission of serum hepatitis to be the rendition of a service by every person participating therein and shall not be construed to be a sale.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1161 - Poison and drug information centers and Arizona poison control system established; staff; functions

36-1161.
Poison and drug information centers and Arizona poison control system established;  staff;  functions
A. The department of health services shall establish the Arizona poison control system consisting of the following two poison control centers:
1. The Arizona poison and drug information center. This center shall be located at and affiliated with the university of Arizona college of pharmacy,  shall serve the needs of citizens in all counties outside of Maricopa county and shall be affiliated with the toxicology training programs of the Arizona health sciences center.
2. A poison and drug information center that shall serve the needs of citizens of Maricopa county and that shall be located in Maricopa county. This center shall be separate from the center specified in paragraph 1 of this subsection,  shall be privately operated and shall be affiliated with an accredited medical toxicology fellowship postgraduate training program for physicians.
B. The Arizona poison control system shall provide comprehensive poison and drug information and management of poisoned persons.
C. Each poison control center shall employ a full-time staff,  including a clinical or medical toxicologist and poison and drug information specialists and treatment consultants.
D. Each poison control center shall assume responsibility for the following functions in its respective region:
1. Poison prevention.
2. Data collection.
3. Education.
4. Management of poisoned persons.
5. Drug information services.
E. The Arizona poison control system may provide opioid assistance and referral resources through a toll-free telephone service for all communities in this state.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1162 - Powers and functions of Arizona poison control system

36-1162.
Powers and functions of Arizona poison control system
The Arizona poison control system shall:
1. Maintain a comprehensive list of poison and drug information resources.
2. Furnish advisory services to health professionals on the toxicity of poisons,  drugs and household chemical products and effective and safe treatment of poisoning.
3. Provide information to the public on preventing accidental poisonings and first aid treatment of poisoning.
4. Provide a toll-free telephone service for all communities in this state,  including all treatment facilities in this state.
5. Provide expert capability for the rapid identification of toxic agents.
6. Conduct and promote educational programs for professionals and the public on poisoning.
7. Establish,  in consultation with the department of health services,  physicians and hospitals,  procedures for reporting the incidence of poisoning.
8. Procure grants to engage in research to enhance delivery of specialized emergency services in treating poisoning.
9. Establish a teratogen information program. The program shall establish a statewide toll-free telephone number to provide health care providers and the public with up-to-date information and referrals on possible teratogen exposure and shall develop educational programs and materials. For the purposes of this paragraph,  " teratogen"  means a physical,  infectious or chemical agent that causes a change in the normal development of a human embryo or fetus.
10. Assist the department of health services in coordinating public health information regarding a chemical or other toxic fire event,  including providing information regarding possible toxic exposures and appropriate health care facility referrals for those exposures.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1301 - Health care services; constitutional freedom of choice; public policy; definitions

36-1301.
Health care services;  constitutional freedom of choice;  public policy;  definitions
A. The power to require or regulate a person's choice in the mode of securing lawful health care services,  or to impose a penalty related to that choice,  is not found in the Constitution of the United States of America,  and is therefore a power reserved to the people pursuant to the tenth amendment. This state exercises its sovereign power to declare the public policy of this state regarding the right of all persons residing in this state in choosing the mode of securing lawful health care services.
B. It is the public policy of this state,  consistent with all constitutionally enumerated rights,  as well as those rights otherwise retained by the people,  that every person in this state may choose or decline to choose any mode of securing lawful health care services without penalty or threat of penalty.
C. The public policy stated in this section does not apply to impair any right of contract related to the provision of lawful health care services to any person or group.
D. The public policy stated in this section does not prohibit or limit care provided pursuant to article XVIII,  section 8,  Constitution of Arizona,  or any statutes enacted by the legislature relating to workers' compensation.
E. A public official or an employee or agent of this state or any political subdivision of this state shall not act to impose,  collect,  enforce or effectuate any penalty in this state that violates the public policy prescribed in this section.
F. For the purposes of this section:
1. " Lawful health care services"  means any health related service or treatment that is permitted or not prohibited by law or regulation and that may be provided by persons or businesses otherwise permitted to offer that service.
2. " Mode of securing"  means to purchase directly,  on credit or by trade,  to contract for third-party payment by insurance or other legal means authorized by this state or to apply for or accept employer or government sponsored health care benefits under any conditions that may legally be required as a condition of those benefits,  or any combination of these modes of purchase.
3. " Penalty"  means a civil or criminal penalty or fine,  a tax,  salary or wage withholding or surcharge,  or any named fee with a similar effect that is established by law or rule by a government established,  created or controlled agency and that is used to punish or discourage the exercise of rights protected pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1311 - Definitions

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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1312 - Availability of investigational drugs, biological products or devices; costs; insurance coverage

36-1312.
Availability of investigational drugs,  biological products or devices;  costs;  insurance coverage
(Caution: 1998 Prop. 105 applies)
A. A manufacturer of an investigational drug,  biological product or device may make available the manufacturer's investigational drug,  biological product or device to eligible patients pursuant to this article. This article does not require that a manufacturer make available an investigational drug,  biological product or device to an eligible patient.
B. A manufacturer may:
1. Provide an investigational drug,  biological product or device to an eligible patient without receiving compensation.
2. Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug,  biological product or device.
3. Require an eligible patient to participate in data collection relating to the use of the investigational drug,  biological product or device.
C. This article does not require a health care insurer or any state agency to provide coverage for the cost of any investigational drug,  biological product or device. A health care insurer may provide coverage for an investigational drug,  biological product or device.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1313 - Action against physician license or health care institution license; prohibition

36-1313.
Action against physician license or health care institution license;  prohibition
(Caution: 1998 Prop. 105 applies)
A. Notwithstanding any other law,  a state regulatory board may not revoke,  fail to renew or take any other action against a physician's license issued pursuant to title 32,  chapter 13 or 17 based solely on a physician's recommendation to an eligible patient regarding or prescription for or treatment with an investigational drug,  biological product or device.
B. Notwithstanding any other law,  a state agency may not take any action against a health care institution's license based solely on the institution's participation in the treatment or use of an investigational drug,  biological product or device under this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1314 - Violation; classification

36-1314.
Violation;  classification
(Caution: 1998 Prop. 105 applies)
An official,  employee or agent of this state who blocks or attempts to block access of an eligible patient to an investigational drug,  biological product or device is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1321 - Definitions

36-1321.
Definitions
In this article,  unless the context otherwise requires:
1. " Discriminate"  means taking or threatening any adverse action,  including any of the following:
(a) Termination of employment.
(b) Transfer from current position.
(c) Demotion from current position.
(d) Adverse administrative action.
(e) Reassignment to a different shift or job title.
(f) Increased administrative duties.
(g) Refusal of staff privileges.
(h) Refusal of board certification.
(i) Reduction of wages,  benefits or privileges.
(j) Refusal to award a grant,  contract or other benefit.
(k) Refusal to provide residency training opportunities.
(l) Denial,  suspension or revocation of a license.
(m) Impediments to creating,  expanding or improving a health care entity.
(n) Impediments to acquiring or associating or merging with any other health care entity.
(o) Any other penalty or disciplinary or retaliatory action.
2. " Health care entity"  means any of the following or an employee of any of the following:
(a) A health care institution as defined in section 36-401.
(b) A health professional as defined in section 32-3201.
(c) A health care services organization as defined in section 20-1051.
(d) A hospital service corporation or medical service corporation as defined in section 20-822.
(e) An accountable health plan as defined in section 20-2301.
3. " Person"  includes this state and any agency or political subdivision of this state.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1322 - Discrimination prohibited; immunity

36-1322.
Discrimination prohibited;  immunity
A. A person may not discriminate against a health care entity on the basis that the health care entity does not provide,  assist in providing or facilitate in providing any health care item or service for the purpose of causing or assisting in causing the death of any individual,  such as by assisted suicide,  euthanasia or mercy killing.
B. A health care entity is not liable in any civil,  criminal or administrative action for declining to provide any health care item or service for the purpose of causing or assisting in causing the death of any individual as specified in subsection A of this section.
C. This section does not apply to the withholding of cardiopulmonary resuscitation for a patient with a valid prehospital medical directive as provided in section 36-3251 or a similar medical order to withhold cardiopulmonary resuscitation issued by a licensed health care provider.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1323 - Civil action; damages; injunctive relief; attorney fees

36-1323.
Civil action;  damages;  injunctive relief;  attorney fees
A. A health care entity may bring a civil action in superior court for a violation of section 36-1322.
B. An additional burden or expense on another health care entity arising from the exercise of rights pursuant to section 36-1322 is not a defense in any civil action under this section.
C. If the superior court finds that discrimination in violation of section 36-1322 occurred,  the court may award any of the following:
1. Actual and compensatory damages,  including damages for emotional distress.
2. Court costs and attorney fees.
3. Preventive relief,  including a permanent or temporary injunction,  a restraining order or any other order against the person responsible for a violation of section 36-1322.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1332 - Individualized investigational treatment; availability

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.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1333 - Insurance providers; third-party payors; coverage or payment not required

36-1333.
Insurance providers;  third-party payors;  coverage or payment not required
A. A health plan,  third-party administrator or other third-party payor may,  but is not required to,  provide coverage for the cost of an individualized investigational drug,  biological product or device or the cost of services related to the use of an individualized investigational drug,  biological product or device under this article.
B. This article does not require a hospital or other health care institution that is licensed pursuant to chapter 4 of this title to provide new or additional services unless approved by the hospital or health care institution.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1334 - Heirs; no debt liability related to treatment

36-1334.
Heirs;  no debt liability related to treatment
Notwithstanding any other law,  if a patient dies while being treated with an individualized investigational drug,  biological product or device,  the patient's heirs are not liable for any outstanding debt related to the treatment.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1335 - Eligible patient's access; blocking by state prohibited

36-1335.
Eligible patient's access;  blocking by state prohibited
An official,  employee or agent of this state may not block or attempt to block an eligible patient's access to an individualized investigational drug,  biological product or device. Counseling,  advice or a recommendation consistent with medical standards of care from a licensed physician is not a violation of this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1336 - No private cause of action

36-1336.
No private cause of action
This article does not create a private cause of action against a manufacturer of an individualized investigational drug,  biological product or device or against any other person or entity involved in the care of an eligible patient using the individualized investigational drug,  biological product or device for any harm done to the eligible patient resulting from the individualized investigational drug,  biological product or device if the manufacturer or other person or entity is complying in good faith with the terms of this article and has exercised reasonable care.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-1402 - Legislative finding and declaration of necessity

36-1402.
Legislative finding and declaration of necessity
A. It is declared that:
1. Unsanitary or unsafe dwelling accommodations exist in the various cities,  towns and counties of the state and that persons of low income are required to reside in such unsanitary or unsafe accommodations.
2. Within these cities,  towns and counties there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that they are forced to occupy overcrowded and congested dwelling accommodations.
3. The conditions specified by paragraphs 1 and 2 cause an increase in and spread of disease and crime and constitute a menace to the health,  safety,  morals and welfare of the residents of the state and impair economic values.
4. These conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment,  public health and safety,  fire and accident protection and other public services and facilities.
5. These areas cannot be cleared,  developed or rehabilitated and the shortage of safe and sanitary dwellings for persons of low income cannot be relieved solely through the operation of private enterprise,  and that development of housing projects for persons of low income as provided by this article will therefore not be competitive with private enterprise.
6. The clearance,  planning,  design and reconstruction of areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired by purchase,  condemnation or other legal means,  and that such activities are governmental functions of state concern.
7. It is in the public interest that work on projects for such purposes be commenced as soon as possible to relieve the affordable housing shortage that now constitutes an emergency.
B. The necessity in the public interest for the provisions of this article is declared as a matter of legislative determination.