reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-409 - Certification, licensure and monitoring of long-term care facilities, facilities and services

36-409.
Certification,  licensure and monitoring of long-term care facilities,  facilities and services
A. The department shall perform all necessary functions,  including licensing,  certification or monitoring,  to implement federally approved standards for institutions,  facilities,  agencies or persons providing services pursuant to chapter 29,  article 2 of this title. These functions shall only be performed pursuant to an interagency agreement which the director of the Arizona health care cost containment system administration shall enter into with the department. A skilled nursing facility,  hospice or home health agency shall not be certified pursuant to this section unless it is also certified under title XVIII of the social security act.
B. Nursing care institutions and hospices shall make financial records available to the Arizona health care cost containment system administration for purposes of certified financial audits conducted pursuant to chapter 29,  article 2 of this title.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-410 - County standards and guidelines; delegation

36-410.
County standards and guidelines;  delegation
A. The director shall provide counties with nonbinding guidelines for their use in establishing contract standards for adult foster care providers that do not provide services pursuant to chapter 29,  article 2 of this title. These nonbinding guidelines shall include standards for the self-administration of drugs that the foster care provider shall follow in conjunction with home health services and outpatient services.
B. The director shall adopt rules that the counties or the Arizona health care cost containment system administration shall use in prescribing minimum standards for adult foster care providers that provide services pursuant to chapter 29,  article 2 of this title. The director shall conform these rules with federally approved applicable standards for adult foster care homes. The director shall delegate the authority to enforce these rules to each county that accepts this delegation or to the Arizona health care cost containment system administration. The department shall monitor an adult foster care program to ensure compliance with department rules. If a county or the Arizona health care cost containment system administration does not accept the delegation,  the department shall certify and monitor an adult foster care home pursuant to section 36-409 if that home seeks to participate in the Arizona long-term care system pursuant to chapter 29,  article 2 of this title.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-411.01 - Adult residential care institutions; recidivism reduction services; rules

36-411.01.
Adult residential care institutions;  recidivism reduction services;  rules
A. An adult residential care institution subclass that is authorized to provide recidivism reduction services may employ recidivism reduction staff who are exempt from the requirements of section 36-411,  subsection E to assist in the delivery of recidivism reduction services.
B. An applicant for employment is exempt from the requirements of section 36-411,  subsection E if the applicant does both of the following:
1. Successfully completes treatment for recidivism reduction as prescribed by rule.
2. Passes a background and screening evaluation conducted by the adult residential care institution as prescribed by rule that demonstrates that the individual is not a threat to the health or safety of staff or residents of the adult residential care institution.
C. As prescribed by rule,  only adult residents of an adult residential care institution who have been referred to receive recidivism reduction services may receive services from recidivism reduction staff.
D. An adult resident of an adult residential care institution may be referred for recidivism reduction services if the adult resident is one or more of the following:
1. Charged with or convicted of one or more criminal offenses.
2. Referred by a court,  prosecutor or probation officer.
3. Approved for placement at the adult residential care institution by a health care professional who is licensed pursuant to title 32 and whose scope of practice includes recidivism reduction services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-413 - Nutrition and feeding assistants; training programs; regulation; civil penalty; definition

36-413.
Nutrition and feeding assistants;  training programs;  regulation;  civil penalty;  definition
A. The department may adopt rules to prescribe minimum standards for training programs for nutrition and feeding assistants in licensed skilled nursing facilities,  including instructor qualifications,  and may grant,  deny,  suspend and revoke approval of any training program that violates these standards. These standards must include:
1. Screening requirements.
2. Initial qualifications.
3. Continuing education requirements.
4. Testing requirements to assure competency.
5. Supervision requirements.
6. Requirements for additional training based on patient needs.
7. Maintenance of records.
8. Special feeding requirements based on level of care.
B. Pursuant to section 36-431.01,  the department may impose a civil penalty on a training program that violates standards adopted by the department.
C. If the department adopts standards for training programs pursuant to subsection A of this section,  the department,  as part of its routine inspection of a health care facility that provides a training program,  shall determine the facility's compliance with these standards.
D. For the purposes of this section,  " nutrition and feeding assistant"  has the same meaning as paid feeding assistant as defined in 42 Code of Federal Regulations part 483 and section 488.301.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-414 - Health services licensing fund; exemption

36-414.
Health services licensing fund;  exemption
A. The health services licensing fund is established consisting of monies deposited pursuant to sections 30-654,  32-1308,  32-2805,  36-405,  36-851.01,  36-882,  36-897.01 and 36-1903. The department of health services shall administer the fund.
B. Monies in the fund are subject to legislative appropriation.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-415 - Breast density mammography results; notification

36-415.
Breast density mammography results;  notification
A. Beginning October 1,  2014,  if a patient is categorized by a health care institution or health care facility that performs mammography examinations as having heterogeneously dense breasts or extremely dense breasts based on the breast imaging reporting and data system established by the American college of radiology,  the institution or facility must include in the summary of the mammography report that is sent to the patient the following notice:
Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is found in fifty per cent of women. However,  dense breast tissue can make it more difficult to detect cancers in the breast by mammography and may also be associated with an increased risk of breast cancer. This information is being provided to raise your awareness and to encourage you to discuss with your health care providers your dense breast tissue and other breast cancer risk factors. Together,  you and your physician can decide if additional screening options are right for you. A report of your results was sent to your physician.
B. This section does not:
1. Create or impose liability on a health care institution or health care facility for failing to comply with the requirements of this section before October 1,  2014.
2. Create a duty of care or other legal obligation beyond the duty to provide notice as set forth in subsection A of this section.
3. Require a notice that is inconsistent with the federal mammography quality standards act or any regulations promulgated pursuant to that act.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-416 - Registered dietitians; qualified nutrition professionals; hospital orders; definitions

36-416.
Registered dietitians;  qualified nutrition professionals;  hospital orders;  definitions
A. A hospital that is licensed pursuant to section 36-422 may allow a registered dietitian or other qualified nutrition professional to order diets,  enteral feeding,  nutritional supplementation or parenteral nutrition if authorized by medical staff pursuant to 42 Code of Federal Regulations section 482.28(b) and if both:
1. The hospital's written policies and procedures allow registered dietitians or other qualified nutrition professionals to issue such orders.
2. The hospital has written policies and procedures that address the hospital's response to adverse events,  if any,  that arise as a result of orders issued by a registered dietitian or other qualified nutrition professional.
B. For the purposes of this section:
1. " Qualified nutrition professional"  means a nutrition professional who is deemed qualified by a hospital for which the person works.
2. " Registered dietitian"  means a person who meets the qualifications of the credentialing agency for the American academy of nutrition and dietetics.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-417 - Use of compliance surveys; advertisement; requirements

36-417.
Use of compliance surveys;  advertisement;  requirements
A. The results of a department state compliance survey of a nursing care institution,  assisted living center or assisted living home or a federal certification survey of a skilled nursing facility may not be used in an advertisement,  unless the advertisement includes all of the following:
1. The date the survey was conducted.
2. A statement that the department conducts a survey of all licensed long-term care facilities and assisted living facilities at least once every fifteen months.
3. If a finding or deficiency cited in the statement of deficiencies has been substantially corrected,  a statement that the finding or deficiency has been substantially corrected and the date the finding or deficiency was substantially corrected.
4. The number of findings and deficiencies cited in the statement of deficiencies on the basis of the survey.
5. The average number of findings and deficiencies cited in a statement of deficiencies for a nursing care institution or assisted living center or assisted living home during the same calendar year as the survey used in the advertisement.
6. A statement that the advertisement is neither authorized nor endorsed by the department or any other government agency.
B. This section does not prohibit the results of a survey,  a statement of deficiencies or the findings and deficiencies cited in that statement on the basis of the survey under this section from being used in a criminal investigation or prosecution.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-418 - Behavioral health residential facilities; reporting requirement

36-418.
Behavioral health residential facilities;  reporting requirement
A licensed behavioral health residential facility that provides services to children,  that contracts with the federal government and that receives only federal monies shall report to the department of health services within twenty-four hours after an actual or alleged event or situation that creates a significant risk of substantial or serious harm to the physical or mental health,  safety or well-being of a resident at the facility or while the resident is in the custody of the facility and that requires notification to local law enforcement,  the department of child safety or the United States department of health and human services. The licensee shall inform the department of health services regarding any corrective action plan required by the United States department of health and human services.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-420 - Health care institutions; cardiopulmonary resuscitation; first aid; immunity; falls; definition

36-420.
Health care institutions;  cardiopulmonary resuscitation;  first aid;  immunity;  falls;  definition
A. Each health care institution and the health care institution's respective employees have an affirmative duty of care for their residents as prescribed in subsection B of this section.
B. Each health care institution:
1. Shall initiate cardiopulmonary resuscitation in accordance with its certification training for cardiopulmonary resuscitation before the arrival of emergency medical services,  to a resident who is nonresponsive or has a cessation of normal respiration. The cardiopulmonary resuscitation shall be in accordance with that resident's advance directives,  if known. Staff who are certified in cardiopulmonary resuscitation shall be available at all times.
2. Shall provide appropriate first aid in accordance with its certification training for first aid before the arrival of emergency medical services to a resident who is in distress and to a noninjured resident who has fallen,  appears to be uninjured and is unable to reasonably recover independently. The first aid shall be in accordance with the resident's advance directives,  if known. Staff who are certified in first aid shall be available at all times.
3. May not have,  establish or implement policies that prevent employees from providing appropriate cardiopulmonary resuscitation and first aid.
C. A health care institution that renders cardiopulmonary resuscitation or first aid as described in subsection B of this section is not liable for any civil damages as the result of any act or omission by the person rendering such care. This liability exclusion applies only if the cardiopulmonary resuscitation or first aid is rendered in good faith and consistent with cardiopulmonary resuscitation or first aid certification standards,  as applicable. This liability exclusion does not apply to a person who acts with gross negligence while rendering care.
D. A person who in good faith renders first aid to a person who has fallen is not liable for any civil damages as the result of any act or omission by the person rendering the first aid to the fallen person,  unless the person acted with gross negligence while rendering the first aid,  if the person rendering aid acted under any of the following circumstances:
1. At the direction of the emergency dispatch operator.
2. To prevent further imminent and serious injury to the fallen person.
3. The fallen person appeared to be uninjured,  stated that the person was not injured and requested assistance.
E. The department shall enforce this section consistent with the centers for medicare and medicaid services regulations for health care institutions that are subject to those regulations.
F. For the purposes of this section,  " health care institution"  means an assisted living center,  an assisted living facility,  an assisted living home,  hospice,  a nursing care institution or a residential care institution that is licensed pursuant to this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-420.01 - Health care institutions; fall prevention and fall recovery; training programs; definition

36-420.01.
Health care institutions;  fall prevention and fall recovery;  training programs;  definition
A. Each health care institution shall develop and administer a training program for all staff regarding fall prevention and fall recovery. The training program shall include initial training and continued competency training in fall prevention and fall recovery. A health care institution may use information and training materials from the department's Arizona falls prevention coalition in developing the training program.
B. For the purposes of this section,  " health care institution"  has the same meaning prescribed in section 36-420.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-420.02 - Additional charges for medical or forensic interview or examination; prohibition

36-420.02.
Additional charges for medical or forensic interview or examination;  prohibition
A. A health care institution may not charge an intake,  consultation,  facility or other fee to a patient as part of a medical or forensic interview or examination for which the county is required to pay pursuant to section 13-1414.
B. A health care institution or health care provider may not issue,  either directly or through its billing company,  any additional balance bill to a patient relating to a medical or forensic interview or examination for which the county is required to pay pursuant to section 13-1414.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-422.01 - Health care institutions; termination of operation; medical records; civil penalties; definition

36-422.01.
Health care institutions;  termination of operation;  medical records;  civil penalties;  definition
A. In addition to the requirements prescribed in section 36-422,  subsection D,  if a current licensee intends to terminate the operation of a licensed health care institution,  the current licensee shall do one of the following before the health care institution ceases operation:
1. Provide each patient of the health care institution with the patient's medical records.
2. Transfer the health care institution's medical records to a third-party entity to ensure patient access to the medical records.
B. If a patient or a patient's health care decision maker requests access to or copies of the patient's medical records,  the health care institution or third-party entity in possession of the medical records shall provide access to or copies of the medical records to the patient or the patient's health care decision maker in accordance with title 12,  chapter 13,  article 7.1.
C. A licensee that fails to comply with subsection A of this section is subject to a civil penalty of not more than $10, 000. The director may use a licensee's failure to comply with subsection A of this section as grounds to deny a subsequent license pursuant to section 36-425,  subsection K.
D. For the purposes of this section,  " medical record"  has the same meaning prescribed in section 36-2201.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-423 - Hemodialysis technicians; minimum requirements; definition

36-423.
Hemodialysis technicians;  minimum requirements;  definition
A. Except as provided in subsection B,  beginning on April 1,  2003,  a facility that provides hemodialysis treatment shall only use a hemodialysis technician who is certified by a national organization that certifies hemodialysis technicians.
B. Beginning on April 1,  2003,  an employee who provides hemodialysis treatment and who is not certified pursuant to subsection A is a hemodialysis technician trainee. A hemodialysis technician trainee may provide hemodialysis treatment in any facility unless the trainee fails to pass the national certification examination within two years after employment. The department of health services shall establish by rule appropriate clinical practice restrictions for hemodialysis technician trainees. An employee who is employed to provide hemodialysis treatment before April 1,  2003 must meet the requirements of this section on or before April 1,  2006.
C. A facility that provides hemodialysis treatment must maintain the verification of certification in the hemodialysis technician s personnel file.
D. For the purposes of this section,  " hemodialysis technician"  means a person who,  under the direct supervision of a physician licensed pursuant to title 32,  chapter 13 or 17,  or a registered nurse licensed pursuant to title 32,  chapter 15,  provides assistance in the treatment of patients who receive dialysis treatment for end stage renal disease.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.01 - Home health agencies; licensure; definition

36-425.01.
Home health agencies;  licensure;  definition
A. The department by rule shall license home health agencies. The department shall prescribe a licensure period that does not exceed two years.
B. In lieu of a state licensure survey,  the department shall issue a license to a home health agency that submits an application prescribed by the department and that meets the following requirements:
1. Is certified as a home health agency by medicare.
2. Is licensed by the department for at least one year.
3. Meets all department licensure requirements.
C. The department shall retain full authority over licensed home health agencies to ensure that licensure requirements are maintained.
D. For the purposes of this section,  " home health agency"  has the same meaning as prescribed in section 36-151.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.02 - Nursing care institutions; quality rating; issuance of license

36-425.02.
Nursing care institutions;  quality rating;  issuance of license
A. The department shall issue to each licensed nursing care institution a quality rating based on the results of a licensure survey.
B. The director may determine the period of time for which a license issued to a nursing care institution is valid according to the quality rating category to which the institution is assigned,  except that no license shall be valid for more than three years from the date of issuance.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.05 - Intermediate care facilities for individuals with intellectual disabilities; licensure

36-425.05.
Intermediate care facilities for individuals with intellectual disabilities;  licensure
On or before January 1,  2020,  an intermediate care facility for individuals with intellectual disabilities that is operated by the department of economic security or a private entity shall be licensed pursuant to this chapter and certified pursuant to 42 Code of Federal Regulations part 483,  subpart I.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.06 - Secure behavioral health residential facilities; license; annual report; definition

36-425.06.
Secure behavioral health residential facilities;  license;  annual report;  definition
A. The department shall license secure behavioral health residential facilities to provide secure twenty-four-hour on-site supportive treatment and supervision by staff with behavioral health training for persons who have been determined to be seriously mentally ill,  who are chronically resistant to treatment for a mental disorder and who are placed in the facility pursuant to a court order issued pursuant to section 36-550.09 or who have been committed pursuant to a court order issued pursuant to section 13-4521. A secure behavioral health residential facility may provide services only to persons placed in or committed to the facility pursuant to a court order issued pursuant to section 36-550.09 or 13-4521 and may not provide services to any other persons on that facility's premises. A secure behavioral health residential facility may not have more than sixteen beds.
B. On or before September 1 of each year,  the director of the Arizona health care cost containment system administration shall submit a report to the governor,  the legislature and the supreme court that includes all of the following information:
1. An accounting of where the monies appropriated to the Arizona health care cost containment system administration for secure behavioral health residential facilities were used during the previous year.
2. The number of available beds in each secure behavioral health residential facility.
C. For the purposes of this section,  " secure"  means premises that limit a patient's egress in the least restrictive manner consistent with the patient's court-ordered treatment plan.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.07 - Nursing-supported group homes; licensure

36-425.07.
Nursing-supported group homes;  licensure
On or before July 1,  2022,  a nursing-supported group home that is operated in this state by a service provider under contract with the department of economic security shall be licensed pursuant to this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.08 - Behavioral health residential facilities; outpatient clinics; children; respite; exemptions; requirements

36-425.08.
Behavioral health residential facilities;  outpatient clinics;  children;  respite;  exemptions;  requirements
A. A behavioral health residential facility may provide respite care to a child for increments of fewer than five consecutive days and not more than twelve days in a ninety-day period or an outpatient clinic may provide respite care to a child for up to ten continuous hours per day between the hours of 6:00 a.m. and 10:00 p.m. without a medical history and physical examination. For those children receiving only respite services,  the behavioral health residential facility or the outpatient clinic is exempt from all of the following licensure requirements in relation to the child's respite stay:
1. Providing counseling services.
2. Providing a discharge order and summary,  except that a parent,  guardian or custodian must be provided documentation of any incidence of illness,  physical injury,  use of emergency safety response or unacceptable behavior that occurs during the child's respite stay.
3. Providing medication information to a child for whom medication assistance is required.
4. Requirements for a review of the child's medication regime by a medical practitioner.
5. Preparing and posting a food menu more than twenty-four hours in advance of food service.
6. Tuberculosis screening of the child.
B. The respite care provider shall be given a list of the child's medications and allergies and emergency contact information on the child's arrival.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-425.09 - Hospital price transparency; verification; annual report; exception

36-425.09.
Hospital price transparency;  verification;  annual report;  exception
A. Each hospital must comply with the requirements of 45 Code of Federal Regulations part 180. The department shall annually verify each hospital's compliance with this section with the centers for medicare and medicaid services.
B. On or before January 1,  2025 and each January 1 thereafter,  the department shall post a report on its public website containing the name of any hospital that has been found to be noncompliant with the requirements of 45 Code of Federal Regulations part 180 and that has been assessed a civil monetary penalty by the centers for medicare and medicaid services.
C. This section does not apply to the Arizona state hospital.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-426 - Hospital providers of extended care services

36-426.
Hospital providers of extended care services
Notwithstanding section 36-407,  a hospital licensed pursuant to this article which has been certified pursuant to title XVIII of the social security act as a rural extended care hospital may provide nursing care services,  for a period of not to exceed an average of forty-five days,  which are within the scope of services authorized by the medicare extended care program to any patient who is a member of the Arizona long-term care system and for which the services are appropriate. A hospital shall not admit a patient to an extended care program pursuant to this section if the patient needs a clinical service which is not available in the extended care program or requires services below the skilled nursing level of care as defined by the director.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-427 - Suspension or revocation; intermediate sanctions

36-427.
Suspension or revocation;  intermediate sanctions
A. The director,  pursuant to title 41,  chapter 6,  article 10,  may suspend or revoke,  in whole or in part,  the license of any health care institution if its owners,  officers,  agents or employees:
1. Violate this chapter or the rules of the department adopted pursuant to this chapter.
2. Knowingly aid,  permit or abet the commission of any crime involving medical and health-related services.
3. Have been,  are or may continue to be in substantial violation of the requirements for licensure of the institution,  as a result of which the health or safety of one or more patients or the general public is in immediate danger.
4. Fail to comply with section 36-2901.08.
5. Violate section 36-2302.
B. If the licensee,  the chief administrative officer or any other person in charge of the institution refuses to permit the department or its employees or agents the right to inspect the institution's premises as provided in section 36-424,  such action shall be deemed reasonable cause to believe that a substantial violation under subsection A,  paragraph 3 of this section exists.
C. If the director reasonably believes that a violation of subsection A,  paragraph 3 of this section has occurred and that life or safety of patients will be immediately affected,  the director,  on written notice to the licensee,  may order the immediate restriction of admissions or readmissions,  selected transfer of patients out of the facility,  reduction of capacity and termination of specific services,  procedures,  practices or facilities.
D. The director may rescind,  in whole or in part,  sanctions imposed pursuant to this section on correction of the violation or violations for which the sanctions were imposed.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-428 - Hearings by the director

36-428.
Hearings by the director
A. No license shall be suspended or revoked without affording the licensee notice and an opportunity for a hearing as provided for in title 41,  chapter 6,  article 10. On a licensee's request,  the director may hold hearings concerning a health care institution's license in the city in which the institution is located.
B. Any person whose application for a license has been denied by the director or who has been ordered by the director to restrict admissions,  transfer selected patients out of the facility,  reduce capacity and terminate specific services,  procedures,  practices or facilities may,  at any time within thirty days after notice of the denial or order,  request in writing a hearing before the director,  to be held within thirty days following the written request,  for the purpose of reviewing the action of the director.
C. All hearings shall be in accordance with title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-429 - Removal of licensee; temporary management continued operation

36-429.
Removal of licensee;  temporary management continued operation
A. If the director reasonably believes that a violation of this chapter by a licensee endangers the health,  safety or welfare of one or more of the licensee's patients,  in addition to other remedies provided by this chapter,  the director may enter into an agreement with the licensee or bring an action requesting the superior court to:
1. Remove the administrative officers,  agents or employees of such licensee by injunction,  enjoin the licensee from continued operation and revoke the license.
2. Appoint temporary personnel to continue operation of the health care institution under conditions and requirements set by the court pending correction of the violation and restoration of the licensee,  revocation of the license or correction of the violation and change of ownership.
B. The action shall be brought in the name of the people of the state through the attorney general in the superior court in the county in which the health care institution is located.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-430 - Unlicensed operation prohibited; injunction

36-430.
Unlicensed operation prohibited;  injunction
The operation or maintenance of a health care institution which does not hold a current and valid license or which exceeds the range of the services authorized by the class or subclass for which it is licensed is a violation of this chapter and is declared a nuisance inimical to the public health and safety. The director,  in the name of the people of the state,  through the attorney general,  may bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such health care institution until substantial compliance with the provisions of this chapter and the rules and regulations and standards adopted pursuant thereto is obtained.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-431 - Violation; classification

36-431.
Violation;  classification
A. A person is guilty of a class 3 misdemeanor who:
1. Establishes,  operates or maintains any class or subclass of health care institution,  as defined in this chapter,  unless the person holds a current and valid license for such class or subclass from the department.
2. Knowingly violates any provision of this chapter unless another classification is specifically prescribed in this chapter.
B. Each day that a violation continues shall constitute a separate violation.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-431.01 - Violations; civil penalties

36-431.01.
Violations;  civil penalties
A. The director may assess a civil penalty against a person who violates this chapter or a rule adopted pursuant to this chapter in an amount of not to exceed five hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation.
B. The director may issue a notice of assessment that shall include the proposed amount of the assessment. A person may appeal the assessment by requesting a hearing pursuant to title 41,  chapter 6,  article 10. When an assessment is appealed,  the director shall take no further action to enforce and collect the assessment until after the hearing.
C. In determining the civil penalty pursuant to subsection A of this section,  the department shall consider the following:
1. Repeated violations of statutes or rules.
2. Patterns of noncompliance.
3. Types of violations.
4. Severity of violations.
5. Potential for and occurrences of actual harm.
6. Threats to health and safety.
7. Number of persons affected by the violations.
8. Number of violations.
9. Size of the facility.
10. Length of time that the violations have been occurring.
D. Pursuant to interagency agreement specified in section 36-409,  the director may assess a civil penalty,  including interest,  in accordance with 42 United States Code section 1396r. A person may appeal this assessment by requesting a hearing before the director in accordance with subsection B of this section. Civil penalty amounts may be established by rules adopted by the director that conform to guidelines or regulations adopted by the secretary of the United States department of health and human services pursuant to 42 United States Code section 1396r.
E. Actions to enforce the collection of penalties assessed pursuant to subsections A and D of this section shall be brought by the attorney general or the county attorney in the name of the state in the justice court or the superior court in the county in which the violation occurred.
F. Penalties assessed under subsection D of this section are in addition to and not in limitation of other penalties imposed pursuant to this chapter. All civil penalties and interest assessed pursuant to subsection D of this section shall be deposited in the nursing care institution resident protection revolving fund established by section 36-431.02. The director shall use these monies for the purposes prescribed by 42 United States Code section 1396r,  including payment for the costs of relocation of residents to other facilities,  maintenance of operation of a facility pending correction of the deficiencies or closure and reimbursement of residents for personal monies lost.
G. The department shall transmit penalties assessed under subsection A of this section to the state general fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-431.02 - Nursing care institution resident protection revolving fund; use; nonreversion

36-431.02.
Nursing care institution resident protection revolving fund;  use;  nonreversion
A. The nursing care institution resident protection revolving fund is established. The fund consists of monies received from civil penalties collected by the director pursuant to section 36-431.01,  subsection D.
B. The director shall use monies in the fund for the purposes prescribed in section 36-431.01,  subsection F,  subject to legislative appropriation.
C. Monies in the fund are exempt from the provisions of section 35-190 relating to the lapsing of appropriations.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-432 - Urgent care centers; posting requirements

36-432.
Urgent care centers;  posting requirements
If a physician licensed pursuant to title 32,  chapter 13 or 17 is not on site during working hours at a freestanding urgent care center,  as a condition of licensure,  the center must post a conspicuous sign stating this fact. The center must post this sign in the center's patient waiting room in full view of the patients.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-433 - Receipt of report and complaint; investigation

36-433.
Receipt of report and complaint;  investigation
On receipt of a notice pursuant to section 12-570 and a copy of a complaint as provided in section 12-570,  the department may initiate an investigation into the matter to determine if the licensee is in violation of the statutes or rules governing licensure.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-434 - Outdoor behavioral health care programs; licensing requirements; inspections

36-434.
Outdoor behavioral health care programs;  licensing requirements;  inspections
A. An outdoor behavioral health care program shall:
1. Comply with the requirements for a level 2 behavioral health residential agency,  as established by the department by rule except as provided in subsection C of this section.
2. Obtain and maintain national accreditation as an outdoor behavioral health care program.
3. Ensure that the outdoor behavioral health program's personnel comply with the requirements of section 36-425.03.
B. In addition to the standards adopted pursuant to section 36-405,  subsection A,  the department may adopt rules to establish facility,  equipment and sanitation standards for outdoor behavioral health care programs.
C. An outdoor behavioral health care program that does not use facilities is exempt from any facility standards applicable to a behavioral health service agency.
D. If the director determines that there is reasonable cause to believe an outdoor behavioral health care program is not adhering to the licensing requirements of this chapter,  the director and any duly designated employee or agent of the director,  including county health representatives and county or municipal fire inspectors,  may enter on and into any area used by the outdoor behavioral health care program at any reasonable time to determine,  consistent with standard medical practices or behavioral health practices,  compliance with this chapter,  rules adopted pursuant to this chapter and local fire ordinances or rules.
E. An application for licensure under this chapter constitutes permission for and complete acquiescence in any entry or inspection of any area used by the outdoor behavioral health care program during the pendency of the application and,  if licensed,  during the term of the license.
F. If an inspection reveals that the outdoor behavioral health care program is not adhering to the licensing requirements prescribed pursuant to this chapter,  the director may take action authorized by this chapter.
G. An outdoor behavioral health care program whose license has been suspended or revoked pursuant to this section is subject to inspection on application for relicensure or reinstatement of license.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-434.01 - Outpatient surgical centers; hospitals; surgical smoke evacuation systems; definitions

36-434.01.
Outpatient surgical centers;  hospitals;  surgical smoke evacuation systems;  definitions
A. Beginning July 1,  2024,  each outpatient surgical center or hospital shall adopt and implement policies to prevent exposure to surgical smoke by using a smoke evacuation system for each procedure that generates surgical smoke.
B. The department shall ensure compliance with this section during any on-site inspection and in response to any complaint received relating to a violation of this section.
C. For the purposes of this section:
1. " Smoke evacuation system"  means smoke evacuation equipment and technologies designed to capture,  filter and remove surgical smoke at the site of origin and to prevent surgical smoke from making ocular contact or contact with an individual's respiratory tract.
2. " Surgical smoke" :
(a) Means the surgical plume that is generated from the use of an energy-generating surgical device.
(b) Includes smoke plume,  bio-aerosols,  laser-generated airborne contaminants and lung-damaging dust.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-435 - Staff privileges for podiatrists

36-435.
Staff privileges for podiatrists
A. The governing board of each health care institution classified by the director as a hospital pursuant to section 36-405,  subsection B shall provide for the use of the health care institution by,  and staff privileges for,  duly licensed podiatrists subject to nondiscriminatory rules and regulations governing the use or privileges established by the governing board and medical staff for persons licensed under title 32,  chapter 7,  13 or 17.
B. This article does not prohibit any health care institution which is a teaching facility owned or operated by a university operating a school of medicine from requiring that any podiatrist have a faculty teaching appointment as a condition for eligibility for staff privileges at the health care institution.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-436 - Filing and review of rates and rules as prerequisite to operation

36-436.
Filing and review of rates and rules as prerequisite to operation
A. A new hospital or nursing care institution shall not engage in business within this state until there is filed a schedule of its rates and charges and rules that relate to those rates and charges with the director for the director's review. The schedules of rates and charges shall be in the form and contain information prescribed by the director.
B. The director shall adopt or establish reasonable guidelines for review of rates and charges for hospital or nursing care institutions. Those health care institutions which are classified by the director as hospitals pursuant to section 36-405,  subsection B shall use the current edition of the statement on the financial requirements of health care institutions and services,  as adopted by the American hospital association,  or amended editions thereof if applicable,  as a guide for establishing hospital rates and charges.
C. After a hospital or nursing care institution files the schedule required under subsection A of this section,  the director shall promptly review the schedule within sixty days and publish information on gross charges based on that schedule.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-436.01 - Rate schedules; printing and posting requirements; outpatient treatment centers; posting and filing requirements

36-436.01.
Rate schedules;  printing and posting requirements;  outpatient treatment centers;  posting and filing requirements
A. The schedule required under section 36-436 shall be printed in legible type and shall contain a listing of all services performed and commodities furnished for which a separate charge is made,  together with the charges for each. The schedule shall plainly state all rules or regulations which may in any way change,  affect or determine any part or the aggregate of the rates or charges or the value of the services or commodities covered by the schedule. Hospitals shall also include the number of times a separate charge was imposed for services performed or commodities furnished for each item listed during the twelve month period immediately prior to submission.
B. After review by the director a copy of the schedule shall be posted in a conspicuous place in the reception area of each hospital and any of the hospital's outpatient treatment centers or nursing care institutions using the schedule. Another copy also shall be kept in the reception area and be available for inspection by the public at all times upon request.
C. Licensed health care institutions classified as outpatient treatment centers and home health agencies shall file a copy of the schedule with the director before implementing those rates or charges and shall post a copy in a conspicuous area.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-436.02 - Increases of rates or charges; filing

36-436.02.
Increases of rates or charges;  filing
A. A hospital or nursing care institution shall not increase any rate or charge until the proposed increase has been filed with the director and reviewed in the same manner as the schedule set forth in section 36-436.
B. A copy of any proposed reduction in any rate or charge shall be filed with the director for informational purposes prior to the effective date of such reduction.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-439.01 - Colocation of licensees

36-439.01.
Colocation of licensees
Notwithstanding any other provision of this chapter,  one or more licensed outpatient treatment centers or exempt outpatient treatment centers that provide medical,  nursing and health-related services may colocate or colocate with one or more licensees or exempt outpatient treatment centers that provide behavioral health services or with one or more licensed counseling facilities and may share common areas at the collaborating outpatient treatment center premises and share nontreatment personnel pursuant to the requirements of this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-439.02 - Colocators; collaborating outpatient treatment centers; requirements

36-439.02.
Colocators;  collaborating outpatient treatment centers;  requirements
In addition to any other requirements of this chapter,  colocators at a collaborating outpatient treatment center shall:
1. Designate which outpatient treatment center will act as the collaborating outpatient treatment center and be liable and responsible for the health,  safety,  cleanliness and maintenance of all common areas and the supervision and training of all shared nontreatment personnel pursuant to written policies of the collaborating outpatient treatment center.
2. Designate which areas are considered common areas and which personnel are designated as shared nontreatment personnel.
3. Designate the associated licensed providers.
4. Ensure that medical records that are located in common areas or shared by colocators are maintained pursuant to all federal and state confidentiality laws. A colocator may have access to a patient's medical records only if the patient has consented.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-439.03 - Use of treatment areas

36-439.03.
Use of treatment areas
Colocators shall solely maintain and use treatment areas that are designated pursuant to each of their respective licenses and may not use another colocator's treatment areas except as follows:
1. For the provision of emergency health care services.
2. During hours of operation by a colocator that are clearly identified by signage to the public and notice to the department.