reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3409 - Fee requirements; fee schedules

36-3409.
Fee requirements;  fee schedules
A. Clients who are eligible for nontitle XIX services from the administration shall be required to pay fees for services.
B. The administration shall establish a schedule for fees charged for services provided by public or private agencies receiving state monies pursuant to this article that includes a sliding fee schedule based on the ability of the client to pay for part or the total cost for services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3411 - Behavioral health services; timely reimbursement; penalties

36-3411.
Behavioral health services;  timely reimbursement;  penalties
A. The administration shall ensure that behavioral health service providers are reimbursed within ninety days after the service provider submits a clean claim to a regional behavioral health authority.
B. Any contract issued by or on behalf of the administration for the provision of behavioral health services shall include language outlining provisions for penalties for noncompliance with contract requirements.
C. If the regional behavioral health authority does not reimburse a provider as required by this section,  the director shall subject the regional behavioral health authority to the penalty provisions prescribed in the contract,  which shall not exceed the interest charges prescribed in section 44-1201. The director shall impose any financial penalties levied on the regional behavioral health authority through a reduction in the amount of monies payable to the regional behavioral health authority for administrative expenses.
D. The ninety-day deadline imposed by this section is suspended while a formal grievance regarding the legitimacy of a claim is pending.
E. The administration or a regional behavioral health authority shall not pay claims for covered services that are initially submitted more than nine months after the date of the services for which payment is claimed or that are submitted as clean claims more than twelve months after the date of service for which payment is claimed. A person who is dissatisfied with the denial of a claim by the administration or by the regional behavioral health authority has twelve months from the date of the service for which payment is claimed to institute a grievance against the administration or regional behavioral health authority.
F. For claims paid by the administration,  either directly or through a third-party payor,  the director may impose a penalty on a regional behavioral health authority or a service provider who submits a claim to the administration for payment more than one time after the same claim had been previously denied by the administration without having attempted to address the reason given for the denial. The penalty imposed by the director shall not exceed the average cost incurred by the administration for processing a claim and shall be levied on the regional behavioral health authority or service provider through reducing any future payment or payments until the amount of the penalty has been paid.
G. This section does not apply to services provided by a hospital pursuant to section 36-2903.01,  subsection G,  or section 36-2904,  subsection H or I.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3412 - Contracts; regional behavioral health authorities

36-3412.
Contracts;  regional behavioral health authorities
A. The director shall prepare and issue a request for proposals for behavioral health services consistent with sections 36-2906 and 36-2906.01.
B. Consistent with section 36-2903,  subsection M,  the administration's contracts with regional behavioral health authorities shall include terms as necessary in the judgment of the director:
1. To ensure adequate performance and compliance with all applicable federal laws by the regional behavioral health authorities.
2. For the maintenance of deposits,  performance bonds,  financial reserves or other financial security.
3. For the withholding or forfeiture of payments to be made to a regional behavioral health authority by the administration due to the authority's failure to comply with a provision of the authority's contract with the administration or with adopted rules.
4. Authorizing the administration to operate a regional behavioral health authority directly.
C. If there is an insufficient number of qualified bids for prepaid capitated behavioral health services within a geographic service area described in a request for proposals,  the director may employ any of the options authorized by section 36-2904,  subsection A.
D. During any period in which services are needed and no contract exists,  the director may employ any of the options authorized by section 36-2904,  subsection B.
E. If there is an insufficient number of,  or an inadequate member capacity in,  contracts awarded to contractors,  the director,  in order to deliver covered services to members enrolled or expected to be enrolled in the system within a county,  may negotiate and award without a bid a contract pursuant to section 36-2904,  subsection J.
F. To the extent that services are furnished pursuant to this chapter,  and unless otherwise required by this chapter,  a regional behavioral health authority is not subject to title 20.
G. Regional behavioral health authorities are subject to section 36-2905.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3413 - Grievance and appeal process

36-3413.
Grievance and appeal process
A. The administration shall require all regional behavioral health authorities to establish and implement a grievance and appeal process for use by service providers and by individuals receiving and requesting services. The administration shall stipulate any required elements of the process in the request for proposal issued to solicit bids from entities that wish to become a regional behavioral health authority.
B. The process shall be as prescribed in title 41,  chapter 6,  article 10,  subject to the exceptions in section 36-2903.01,  subsection B,  paragraph 4 and rules adopted by the director,  for grievances and appeals filed by regional behavioral health authorities and by service providers and individuals receiving and requesting services that have already exhausted the regional behavioral health authority grievance and appeal process. In the case of individuals receiving behavioral health services by a service provider that has contracted directly with the administration instead of through a regional behavioral health authority,  the administration's grievance and appeal process is considered the primary process.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3415 - Behavioral health expenditures; annual reports

36-3415.
Behavioral health expenditures;  annual reports
A. The administration shall report annually to the joint legislative budget committee on each fiscal year's medicaid and nonmedicaid behavioral health expenditures,  including behavioral health demographics that include client income,  utilization and expenditures,  medical necessity oversight practices,  tracking of high-cost beneficiaries,  mortality trends,  placement trends,  program integrity and access to services.
B. The administration shall report annually to the joint legislative budget committee and the chairpersons of the health and human services committees of the senate and the house of representatives,  or their successor committees. The report shall be in a substantially comparable format as the fiscal year 2014-2015 annual report of the department of health services submitted pursuant to this section and shall include the following information relating to individuals living with serious mental illness:
1. Annual mortality. The administration and the department of health services shall enter into a data sharing agreement for the purposes of vital records information necessary for the report under this subsection.
2. Complaints received from individuals with serious mental illness or their representatives regarding access to services by geographic service area and eligibility category.
3. Enrollment by geographic service area and eligibility category.
4. Demographics by geographic service area and eligibility category,  including:
(a) Age.
(b) Gender.
(c) Race.
(d) Student status.
(e) Employment status.
(f) Percentage incarcerated in the preceding year.
(g) Percentage who are homeless.
(h) Type of disability,  if the individual is deaf,  hard of hearing or deafblind.
5. Per capita expenditures by geographic service area and eligibility category for the following:
(a) The number receiving services.
(b) Per capita expenditures.
(c) The number receiving services and per capita costs per service category.
6. Per capita expenditures by service type and eligibility category for the following:
(a) Support services.
(b) Inpatient services.
(c) Pharmacy.
(d) Rehabilitation services.
(e) Treatment services.
(f) Medical services.
(g) Crisis intervention services.
7. Average length of stay and readmission rates by eligibility category for the following settings:
(a) Level I.
(b) Level I subacute.
(c) Behavioral health residential facilities.
8. Beginning with information from state fiscal year 2022-2023 and annually thereafter,  for individuals living with serious mental illness,  by geographic service area:
(a) The number of individuals who are on a waitlist maintained by the administration or its contractors for a type of housing and the length of time that each individual was on the waitlist.
(b) The criteria and process that the administration or its contractors use to assign an individual to the housing waitlist or to move an individual up or down on the housing waitlist in prioritizing housing placement.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3416 - Contracting requirements; art therapy services; definition

36-3416.
Contracting requirements;  art therapy services;  definition
A. The administration may contract for art therapy services,  directly or through a contractor,  only with an art therapist who holds an active national board certification in art therapy from the art therapy credentials board or who is a master's level graduate in art therapy under the active supervision of a board-certified art therapist to qualify for national registration or board certification with the art therapy credentials board.
B. Subsection A of this section does not require the administration to contract or reimburse for art therapy services.
C. For the purposes of this section,  " art therapy"  means the interactive use of psychotherapeutic principles and methods from an individual with master's level training in art media,  the neurobiological implications of art-making and art-based assessment models to facilitate alternative modes of receptive and expressive communication and to define and implement therapeutic interventions to meet cognitive,  developmental,  behavioral and emotional needs.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3431 - Comprehensive behavioral health service system for children; administration duties

36-3431.
Comprehensive behavioral health service system for children;  administration duties
A. The administration shall develop and implement a comprehensive behavioral health service system for children that includes the following:
1. Annual needs assessment and resource assessment studies.
2. Annual planning to develop policy issues,  programs and services.
3. Community education to increase public awareness of the needs of children.
4. Centralized and coordinated screening and intake.
5. Coordinated case management.
6. A continuum of treatment services,  which may include the following:
(a) Home-based services.
(b) Prevention and early intervention.
(c) Psychological evaluation and consultation.
(d) Ancillary support services.
(e) Crisis intervention.
(f) Outpatient counseling.
(g) Independent living services.
(h) Secure residential treatment services for seriously emotionally disturbed children.
(i) Residential treatment services for children's substance abuse.
(j) Psychiatric hospitalization services.
7. Evaluation that determines both cost effectiveness and client outcome.
B. Subject to legislative appropriation,  the administration shall maintain the system identified in subsection A of this section.
C. For the purposes of developing needs assessments and resource assessments and for planning,  the administration may consult and coordinate with any state agency established for that purpose.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3432 - System plan; annual report

36-3432.
System plan;  annual report
The administration shall develop a plan for each fiscal year identifying the services,  the estimated number of clients and an appropriations request for the purposes of systematic development and implementation of the comprehensive behavioral health service system for children. The plan shall be presented to the speaker of the house of representatives,  the president of the senate and the governor on or before November 1 of each year.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3433 - Annual budget; request and allocation

36-3433.
Annual budget;  request and allocation
A. The administration shall annually include in its budget request a separate appropriations request for the comprehensive behavioral health service system for children. The request shall be based on the annual plan and assessment. All behavioral health services provided for children by the administration shall be included in the request.
B. In preparing its budget request,  the administration shall:
1. Identify that at least twenty percent of the total amount of appropriations requested be set aside for prevention and early identification programs.
2. Allocate up to five percent of the total appropriations requested for evaluation of the system.
3. Establish priorities for allocation of funding that include:
(a) Outpatient services.
(b) Secure residential services for seriously emotionally disturbed children.
(c) Residential services for children with substance abuse problems.
(d) Partial care and day treatment services.
(e) Emergency services,  including crisis shelter,  crisis stabilization and emergency inpatient hospitalization.
4. Consider the special needs of rural and urban areas of the state and the special needs of cultural and ethnic groups requiring services.
C. The administration may modify the priorities identified in subsection B of this section based on the results of the administration's needs assessments and resource assessments and shall include the justification for modifications in its annual plan required pursuant to section 36-3432. No monies allocated for evaluation under subsection B,  paragraph 2 of this section shall be used for design and implementation of a management information system.
D. Subject to legislative appropriation,  the administration shall establish as a goal an annual increase of total children's service system capacity by ten percent annually.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3434 - Current service delivery system; continuation

36-3434.
Current service delivery system;  continuation
Nothing in this article relieves the state department of corrections,  the department of economic security,  the department of child safety,  the department of education,  the Arizona health care cost containment system,  the department of health services or the Arizona supreme court from any current responsibility as prescribed by state or federal law.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3435 - Intergovernmental agreement; needs and resources assessment; funding and service delivery plan; definition

36-3435.
Intergovernmental agreement;  needs and resources assessment;  funding and service delivery plan;  definition
A. Pursuant to section 11-952,  the administration,  the department of child safety,  the state department of corrections,  the department of education and the supreme court shall enter into an intergovernmental agreement to develop a coordinated multiagency assessment of needs and resources and to develop a plan for interagency cooperation relating to funding and service delivery for children with behavioral health problems. The plan shall designate agency areas of responsibility for delivery of services. The needs and resources assessment study shall be completed within one year after the intergovernmental agreement is entered into. The funding and service delivery plan shall be completed within two years after the agreement is entered into.
B. The administration shall require each contract that is awarded,  renewed or amended with any regional behavioral health authority,  subcontractor or service provider to specify that every reasonable effort must be made to provide services outside of regular school hours for any child who is placed in out-of-home care pursuant to title 8,  chapter 4,  article 8,  9,  10,  11,  12,  13 or 14.
C. For the purposes of this section,  " services"  includes appointments and activities that are not related to school.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3436.01 - School-based behavioral health services; referrals; requirements; annual report

36-3436.01.
School-based behavioral health services;  referrals;  requirements;  annual report
A. Before a school provides school-based referrals for behavioral health services to a contracted behavioral health services provider either pursuant to the children's behavioral health services fund established by section 36-3436 or for services provided through the Arizona health care cost containment system,  the school district governing board or charter school governing body shall adopt policies relating to school-based referrals. These policies shall be vetted at a public meeting in which the school district governing board or charter school governing body considers any comments submitted by the public before the governing board or governing body adopts the policies. The school district governing board or charter school governing body shall post the polices adopted pursuant to this section on each applicable school website. The policies shall include the following:
1. A process to allow a parent to annually opt into the school-based referrals.
2. A process to conduct a survey of parents whose children were referred to and received behavioral health services pursuant to this section. The survey may be completed online. The survey shall include at least the following:
(a) Whether the parent opted into the program.
(b) Whether the parent was notified before the referral took place.
(c) Whether the behavioral health services referred were appropriate to meet the student's need.
(d) Whether the parent is satisfied with the choice of behavioral health services providers.
(e) Whether the parent intends to opt into a program again in the following school year.
3. A requirement that each school's website contain a list of behavioral health services providers with whom the school contracts.
B. At the end of each school year,  each participating school district and charter school shall report to the administration the school survey results.
C. The administration shall compile a report based on the surveys received from participating school districts and charter schools as well as utilization data for behavioral health services received pursuant to the children's behavioral health services fund established by section 36-3436. On or before December 31 each year,  the administration shall provide the report to the governor,  the president of the senate and the speaker of the house of representatives and provide a copy of the report to the secretary of state. The report shall include at least all of the following information:
1. The number of students served.
2. The types of behavioral health services provided.
3. The costs of the behavior health services provided.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3502 - Local teams; membership; duties

36-3502.
Local teams;  membership;  duties
A. If local child fatality teams are organized,  they shall abide by the standards and protocol for local child fatality review teams developed by the state team and must have prior authorization from the state team to conduct fatality reviews. Local teams shall be composed of the head of the following departments,  agencies or associations,  or that person's designee:
1. County medical examiner.
2. Department of child safety.
3. County health department.
B. The chairperson of the state child fatality review team shall appoint the following members of the local team:
1. A domestic violence specialist.
2. A psychiatrist or psychologist licensed in this state.
3. A pediatrician certified by the American board of pediatrics or a family practice physician certified by the American board of family practice. The pediatrician or family practice physician shall also be licensed in this state.
4. A person from a local law enforcement agency.
5. A person from a local prosecutors office.
6. A parent.
C. If local child fatality teams are authorized,  they shall:
1. Designate a team chairperson who shall review the death certificates of all children who die within the team's jurisdiction and call meetings of the team when necessary.
2. Assist the state team in collecting data on child fatalities.
3. Submit written reports to the state team as directed by that team. These reports shall include nonidentifying information on individual cases and steps taken by the local team to implement necessary changes and improve the coordination of services and investigations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3504 - Child fatality review fund

36-3504.
Child fatality review fund
A. The child fatality review fund is established consisting of appropriations,  monies received pursuant to section 36-341,  subsection E and gifts,  grants and donations made to the department of health services to implement subsection B of this section. The department of health services shall administer the fund. The department shall deposit,  pursuant to sections 35-146 and 35-147,  all monies it receives in the fund.
B. The department of health services shall use fund monies to staff the state child fatality review team and the suicide mortality review team and to train and support local child fatality review teams and suicide mortality review teams.
C. Monies spent for the purposes specified in subsection B of this section are subject to legislative appropriation. Any fee revenue collected in excess of $200, 000 in any fiscal year is appropriated from the child fatality review fund to the child abuse prevention fund established pursuant to section 8-550.01,  subsection A,  to be used for healthy start programs.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3505 - Protocols

36-3505.
Protocols
A. The department of health services shall establish protocols for death scene investigations of apparent natural infant deaths. In developing the protocols the department shall consider guidelines established by national infant death organizations.
B. At a minimum the protocols shall:
1. Include recommended procedures for all first responders,  law enforcement agencies and local social services agencies to follow in response to apparent natural infant death.
2. Recommend that in the course of an investigation of an apparent natural infant death,  the scene where the infant was found should be examined even if the infant's body was transported to a hospital and pronounced dead at a hospital.
3. Recommend that during the investigation of an apparent natural infant death,  investigators should use their skills and knowledge to determine the cause of death while keeping in mind the need for compassion and sensitivity for the parents and caregivers.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3506 - Infant death investigation checklist

36-3506.
Infant death investigation checklist
A. A law enforcement officer who in the regular course of duty investigates an unexplained infant death shall complete an infant death investigation checklist developed by the department of health services.
B. The law enforcement officer shall complete the checklist before an autopsy is conducted.
C. The officer's law enforcement agency shall retain the original checklist and immediately forward a copy of the checklist to the county medical examiner and the department of health services.
D. The department shall periodically review and modify the checklist in consultation with the child fatality review team.
E. A law enforcement officer's failure to use the checklist is not a defense to or a basis for dismissal of a criminal prosecution.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3521 - Definitions

36-3521.
Definitions
In this article,  unless the context otherwise requires:
1. " Commercial user"  means a person who deals in cribs or who claims to have knowledge or skill particular to cribs or who is in the business of remanufacturing,  retrofitting,  selling,  leasing,  subletting or otherwise placing cribs in the stream of commerce. Commercial user includes child care facilities,  child care group homes licensed pursuant to this title,  hotels and motels.
2. " Crib"  means a bed or containment designed to accommodate an infant and includes full-size cribs and nonfull-size cribs.
3. " Full-size crib"  has the same meaning prescribed in 16 Code of Federal Regulations section 1508.3.
4. " Infant"  means a child who is less than thirty-five inches tall and who is under three years of age.
5. " Nonfull-size crib"  has the same meaning prescribed in 16 Code of Federal Regulations section 1509.2.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3522 - Unsafe cribs; design characteristics; violation; classification

36-3522.
Unsafe cribs;  design characteristics;  violation;  classification
A. A commercial user shall not knowingly remanufacture,  retrofit,  lease,  sublease,  sell or otherwise place in the stream of commerce a crib that is in violation of 16 Code of Federal Regulations part 1303,  1508 or 1509 or that has any of the following design characteristics:
1. Corner posts that extend more than one-sixteenth of an inch.
2. Spaces between side slats that are more than two and three-eighths inches.
3. A mattress support that can be easily dislodged from any point of the crib. For the purposes of this paragraph,  a mattress support can be easily dislodged if it cannot withstand at least a twenty-five pound upward force from underneath the crib.
4. Cutout designs on the panels.
5. Rail height dimensions that do not conform to the following:
(a) The height of the rail and end panel is at least nine inches,  as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position.
(b) The height of the rail and end panel is at least twenty-six inches,  as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position.
6. Any screws,  bolts or hardware that are loose and not secured.
7. Sharp edges,  points or rough surfaces.
8. Wood surfaces that are not smooth and free from splinters,  splits or cracks.
9. Nonfull-size cribs with tears in mesh or fabric sides.
B. A commercial user who knowingly places a crib in the stream of commerce in violation of this section is guilty of a class 1 misdemeanor.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3523 - Injunctions

36-3523.
Injunctions
A person may apply for a temporary restraining order or preliminary or permanent injunction from the superior court to enjoin the remanufacturing,  retrofitting,  leasing,  subleasing,  selling or otherwise placing in the stream of commerce a crib that does not comply with this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3601 - Definitions

36-3601.
Definitions
For the purposes of this chapter:
1. " Health care decision maker"  has the same meaning prescribed in section 12-2801.
2. " Health care provider" :
(a) Means a person licensed pursuant to title 32,  chapter 7,  8,  13,  14,  15,  15.1,  16,  17,  18,  19,  19.1,  25,  28,  29,  33,  34,  35,  39,  41 or 42,  or chapter 4,  article 6 of this title,  chapter 6,  article 7 of this title or chapter 17 of this title.
(b) Includes:
(i) A health care institution licensed pursuant to chapter 4 of this title.
(ii) A person who holds a training permit pursuant to title 32,  chapter 13 or 17.
3. " Health care provider regulatory board or agency"  means a board or agency that regulates one or more health care provider professions in this state.
4. " Telehealth"  means:
(a) The interactive use of audio,  video or other electronic media,  including asynchronous store-and-forward technologies and remote patient monitoring technologies,  for the practice of health care,  assessment,  diagnosis,  consultation or treatment and the transfer of medical data.
(b) Includes the use of an audio-only telephone encounter between the patient or client and health care provider if an audio-visual telehealth encounter is not reasonably available due to the patient's functional status,  the patient's lack of technology or telecommunications infrastructure limits,  as determined by the health care provider.
(c) Does not include the use of a fax machine,  instant messages,  voice mail or email.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3602 - Delivery of health care through telehealth; requirements; exceptions

36-3602.
Delivery of health care through telehealth;  requirements;  exceptions
A. Except as provided in subsection G of this section,  before a health care provider delivers health care through telehealth,  the treating health care provider shall obtain verbal or written informed consent,  including by electronic means,  from the patient or the patient's health care decision maker. If the informed consent is obtained verbally,  the health care provider shall document the consent on the patient's medical record.
B. The patient is entitled to all existing confidentiality protections pursuant to section 12-2292.
C. All medical reports resulting from a telehealth consultation are part of a patient's medical record as defined in section 12-2291.
D. Dissemination of any images or information identifiable to a specific patient for research or educational purposes shall not occur without the patient's consent,  unless authorized by state or federal law.
E. Except as provided in subsection F of this section and for schedule II drugs,  a health care provider regulatory board or agency may not enforce any statute,  rule or policy that would require a health care provider who is licensed by that board or agency and who is authorized to write prescriptions or dispense or administer prescription drugs and devices to provide an in-person examination of the patient before issuing a prescription except as specifically prescribed by federal law. A physical or mental health status examination may be conducted during a telehealth encounter. Schedule II drugs may be prescribed only after an in-person or audio-visual examination and only to the extent allowed by federal and state law.
F. Services provided through telehealth are subject to this state's laws and rules governing the health care provider's scope of practice and the practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607.
G. The consent requirements of this section do not apply:
1. If the telehealth interaction does not take place in the physical presence of the patient.
2. In an emergency situation in which the patient or the patient's health care decision maker is unable to give informed consent.
3. To the transmission of diagnostic images to a health care provider serving as a consultant or the reporting of diagnostic test results by that consultant.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3604 - Use of telehealth for abortion prohibited; penalty; definition

36-3604.
Use of telehealth for abortion prohibited;  penalty;  definition
A. A health care provider shall not use telehealth to provide an abortion.
B. A health care provider who knowingly violates this section commits an act of unprofessional conduct and is subject to license suspension or revocation pursuant to title 32.
C. For the purposes of this section,  " abortion"  has the same meaning prescribed in section 36-2151.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3605 - Health care providers; determination of telehealth medium

36-3605.
Health care providers;  determination of telehealth medium
Consistent with the best practice guidelines adopted by the telehealth advisory committee on telehealth best practices established by section 36-3607,  a health care provider shall make a good faith effort in determining both of the following:
1. Whether a health care service should be provided through telehealth instead of in person. The health care provider shall use the health care provider's clinical judgment in considering whether the nature of the services necessitates physical interventions and close observation and the circumstances of the patient,  including diagnosis,  symptoms,  history,  age,  physical location and access to telehealth.
2. The communication medium of telehealth and,  whenever reasonably practicable,  the telehealth communication medium that allows the health care provider to most effectively assess,  diagnose and treat the patient. Factors the health care provider may consider in determining the communication medium include the patient's lack of access to or inability to use technology or limits in telecommunication infrastructure necessary to support interactive telehealth encounters.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3608 - Health care provider regulatory boards and agencies; out-of-state health care providers; reports

36-3608.
Health care provider regulatory boards and agencies;  out-of-state health care providers;  reports
(Rpld. 1/1/26)
Beginning October 1,  2021 and on or before the first of each month thereafter,  each health care provider regulatory board or agency shall submit to the telehealth advisory committee on telehealth best practices established by section 36-3607 a report identifying the number and type of out-of-state health care providers who have applied for registration pursuant to section 36-3606 and the number and type of out-of-state health care providers whose registration pursuant to section 36-3606 has been approved.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3611 - Definitions

36-3611.
Definitions
In this article,  unless the context otherwise requires:
1. " Board"  means the state board of dental examiners.
2. " Dental provider"  means a dental hygienist,  affiliated practice dental hygienist or dental assistant who is licensed pursuant to title 32,  chapter 11.
3. " Dentist"  means a person who is licensed in the general practice of dentistry pursuant to title 32,  chapter 11.
4. " Health care decision maker"  has the same meaning prescribed in section 12-2801.
5. " Teledentistry"  means the use of data transmitted through interactive audio,  video or data communications for the purposes of examination,  diagnosis,  treatment planning,  consultation and directing the delivery of treatment by dentists and dental providers in settings permissible under title 32,  chapter 11 or specified in rules adopted by the board.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3612 - Delivery of care through teledentistry; requirements; exceptions

36-3612.
Delivery of care through teledentistry;  requirements;  exceptions
A. Except as provided in subsection E of this section,  before a dentist or dental provider delivers care through teledentistry,  the dentist or dental provider shall obtain verbal or written informed consent from the patient or the patient's health care decision maker. If the informed consent is obtained verbally,  the dentist or dental provider shall document the consent on the patient's record.
B. In any teledentistry interaction,  the patient is entitled to all existing confidentiality protections pursuant to section 12-2292.
C. All reports resulting from a teledentistry consultation are part of a patient's dental record as prescribed in section 32-1264.
D. In any teledentistry interaction,  the dissemination of any images or information identifiable to a specific patient for research or educational purposes may not occur without the patient's consent,  unless authorized by state or federal law.
E. The consent requirements of this section do not apply to the transmission of diagnostic images to another health care provider or dental specialist or the reporting of diagnostic test results by that specialist.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3703 - Competent professionals

36-3703.
Competent professionals
A. If a person is subject to an examination under this article,  each party may select a competent professional to perform simultaneous evaluations of the person. The parties may stipulate to an evaluation by only one competent professional.
B. If the person is indigent,  the court shall assist the person in retaining a competent professional to conduct the examination or to participate in the trial on the person's behalf.
C. Each competent professional shall be given reasonable access to the person in order to conduct the examination and shall share access to all relevant medical and psychological records,  test data,  test results and reports.
D. A competent professional who is retained by a party or who is appointed by the court is not permitted to give testimony unless the competent professional exchanges information as required by this section and,  at least ten days before trial,  submits to the court and all of the parties a written report of the competent professional's evaluation of the person.
E. At any proceeding under this chapter,  a competent professional who is retained by a party or who is appointed by the court is not subject to a court order for the sequestration of witnesses.
F. The court shall approve a reasonable amount to be paid by the county for the services of a competent professional appointed by the court. In approving the amount to be paid the court shall consider the time expended,  services rendered,  expenses incurred and compensation received in the same case or for the same services from any other source.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3704 - Sexually violent person petition; filing; procedures

36-3704.
Sexually violent person petition;  filing;  procedures
A. Before a sexually violent person is released from confinement,  the following persons may file a petition in superior court alleging that the person is a sexually violent person and stating sufficient facts to support that allegation:
1. The county attorney in the county in which a person was found incompetent to stand trial of,  found guilty except insane of or convicted of a sexually violent offense.
2. The county attorney in the county in which the person will be released or the attorney general if the person was found incompetent to stand trial of,  found guilty except insane of or convicted of a sexually violent offense in another jurisdiction outside the state.
B. The Arizona rules of evidence and the Arizona rules of civil procedure apply to proceedings under this article. The court may admit evidence of past acts that would constitute a sexual offense pursuant to section 13-1420 and the Arizona rules of evidence.
C. The person who is named in the petition is entitled to assistance of counsel at any proceeding that is conducted pursuant to this article. If the person is indigent,  the court shall appoint counsel to assist the person. The county board of supervisors may fix a reasonable amount to be paid by the county for the services of an appointed attorney.
D. The court's jurisdiction over a person who is civilly committed pursuant to this article continues until the person is discharged by the court.
E. At any hearing concerning conditions of detention,  commitment or treatment at a licensed facility under the supervision of the superintendent of the Arizona state hospital,  a person who is detained or committed pursuant to this article shall show that the procedures or actions of the licensed facility have no reasonable basis in fact or law.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3705 - Judicial determination of sexually violent person; transfer for evaluation

36-3705.
Judicial determination of sexually violent person;  transfer for evaluation
A. On the filing of a petition pursuant to section 36-3704,  the judge shall determine if probable cause exists to believe that the person named in the petition is a sexually violent person.
B. If the judge determines that probable cause exists to believe that the person named in the petition is a sexually violent person,  the judge shall order that the person be detained in a licensed facility under the supervision of the superintendent of the Arizona state hospital.
C. On motion of the respondent filed within ten days after service of the petition,  the court shall hold a probable cause hearing.
D. Within seventy-two hours after a person is detained pursuant to subsection B of this section,  the court shall provide the person with notice of and an opportunity to appear at a probable cause hearing to contest the probable cause finding made by the court pursuant to subsection A of this section. At the hearing,  the court shall verify the person's identity and shall determine if probable cause exists to believe that the person is a sexually violent person. At the hearing,  the state may rely on the petition that alleges that the person is a sexually violent person and that is filed pursuant to section 36-3704. The state may supplement the information in the petition with additional documentary evidence or live testimony.
E. At the probable cause hearing,  the person has the following rights:
1. To present evidence on the person's behalf.
2. To cross-examine witnesses who testify against the person.
3. To view and copy all documents and reports in the court file.
F. After the hearing,  if the court determines probable cause does not exist to believe that the person is a sexually violent person,  the court shall dismiss the petition.
G. If at the hearing the court reaffirms that probable cause exists to believe that the person is a sexually violent person,  the judge shall order an evaluation as to whether the person is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.
H. If the respondent has not requested a probable cause hearing within ten days after service of the petition,  the court shall order an evaluation as to whether the respondent is a sexually violent person. A person whom the court selects from a list of competent professionals shall conduct the evaluation.
I. The county shall pay the costs of an evaluation conducted pursuant to subsection G or H of this section.
J. The referring agency shall make available to the department of health services all records concerning the person detained pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3706 - Trial

36-3706.
Trial
Within one hundred twenty days after a petition is filed pursuant to section 36-3704,  the court shall conduct a trial to determine if the person named in the petition is a sexually violent person. The county attorney,  attorney general or person named in the petition may request a jury trial. If no request is made,  the trial shall be before the court. The judge may continue the trial at the request of either party on a showing of good cause or on its own motion if the person will not be substantially prejudiced.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3707 - Determining sexually violent person status; commitment procedures

36-3707.
Determining sexually violent person status;  commitment procedures
A. The court or jury shall determine beyond a reasonable doubt if the person named in the petition is a sexually violent person. If the state alleges that the sexually violent offense on which the petition for commitment is based was sexually motivated,  the state shall prove beyond a reasonable doubt that the alleged sexually violent act was sexually motivated.
B. If the court or jury determines that the person is a sexually violent person,  the court shall either:
1. Commit the person to the custody of the department of health services for placement in a licensed facility under the supervision of the superintendent of the Arizona state hospital and shall receive care,  supervision or treatment until the person's mental disorder has so changed that the person would not be a threat to public safety if the person was conditionally released to a less restrictive alternative or was unconditionally discharged.
2. Order that the person be released to a less restrictive alternative if the conditions under sections 36-3710 and 36-3711 are met.
C. If the court or jury does not determine beyond a reasonable doubt that the person is a sexually violent person,  the court shall order the person's release.
D. If the person named in the petition was found incompetent to stand trial,  the court first shall hear evidence and determine if the person committed the act or acts charged if the court did not enter a finding before the charges were dismissed. The court shall enter specific findings on whether the person committed the act or acts charged,  the extent to which the person's incompetence to stand trial affected the outcome of the hearing,  including its effect on the person's ability to consult with and assist counsel and to testify on the person's own behalf,  the extent to which the evidence could be reconstructed without the assistance of the person and the strength of the prosecution's case. If the court finds beyond a reasonable doubt that the person committed the act or acts charged,  the court shall enter a final order to that effect and may then consider whether the person should be committed pursuant to this section.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-3708 - Annual examination of committed persons; report

36-3708.
Annual examination of committed persons;  report
A. The psychiatrist,  psychologist or other competent professional of the state hospital or a licensed facility under the supervision of the superintendent of the Arizona state hospital shall annually examine each person who is committed pursuant to this article. The person who conducts the annual examination shall submit the examination report to the court. The annual report shall state if conditional release to a less restrictive alternative is in the best interest of the person and will adequately protect the community.
B. The person may retain,  or on the request of an indigent person the court may appoint,  a competent professional to conduct the examination. A retained or appointed competent professional shall have access to all records concerning the person. If the person retains or is appointed a competent professional,  the state has the right to have the committed person evaluated by a competent professional of the state's own choice. All competent professionals shall have equal access to the person as well as all records concerning the person.
C. The court shall hold a hearing pursuant to section 36-3709 if any change of release conditions is recommended.