reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-463.01 - Licensure of laboratories located in a health care institution

36-463.01.
Licensure of laboratories located in a health care institution
A. A person who wishes to operate a laboratory in a health care institution which is covered by a single license issued pursuant to chapter 4 of this title shall submit an application for licensure on a form prescribed and furnished by the department. The application shall be under oath and shall contain the following:
1. The name and location of the health care institution.
2. A copy of the license of the health care institution.
3. The name of the governing authority.
4. A description of clinical laboratory services to be provided,  including those to be provided in special function laboratories and ancillary test sites covered by the single license of the health care institution.
5. The name of the chief administrative officer directing the health care institution.
6. Other information required by the department.
B. The application shall be signed by the owner of the health care institution. If the application is submitted by a partnership or a corporation it shall be signed by two of the partners or officers. If the application is submitted by a governmental unit it shall be signed by the head of the appropriate department.
C. The department shall issue the license to the governing authority of the health care institution,  and the license shall show the name of the chief administrative officer. The licensee is responsible for the maintenance and conduct of the laboratory and for violations of this article. The department shall issue a single license for all clinical laboratory services provided by the health care institution including those provided in special function laboratories and ancillary test sites covered by the single health care license. A license is valid only for the person to whom it is issued and may not be sold or transferred.
D. The department may issue a provisional license if it is satisfied that the applicant substantially complies with the provisions of this article. A provisional license is valid for no more than six months and may not be renewed.
E. A licensee may apply for and shall be granted a new license without charge if the licensed laboratory is undergoing a change in location and the administrator of the health care institution,  prior to the actual change,  proves to the satisfaction of the department that the change is in compliance with the provisions of this article and rules adopted pursuant to this article. The department must receive the application at least thirty days before the proposed change in location.
F. A license is valid for two years and may be renewed on payment of a renewal fee prescribed by the director by rule pursuant to section 36-464 if the laboratory is in substantial compliance with this article and rules adopted pursuant to this article.
G. The department shall maintain a list of laboratories that meet the licensure requirements of this section. The department shall make this list available on request to licensed laboratories,  physicians and the public.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-463.02 - Inspections; exemptions; disciplinary action

36-463.02.
Inspections;  exemptions;  disciplinary action
A. The department may inspect the premises and operations of a clinical laboratory subject to licensure pursuant to this article to study and evaluate the operation,  supervision and procedures of that facility to determine if it is in substantial compliance with this article and rules adopted pursuant to this article. Inspections may be unannounced and shall take place during regular working hours.
B. The department shall require a laboratory to enroll in an approved proficiency testing program. The department may also submit proficiency test specimens for examination by a laboratory to determine its compliance with the provisions of this chapter,  if a laboratory has failed to meet the standards for proficiency testing,  pursuant to this article.
C. A laboratory is exempt from on-site inspection conducted pursuant to this article and on-site inspection fees if it is in substantial compliance with the licensure requirements of this article and is licensed or certified by the federal government,  licensed or accredited by another state or accredited by a federally approved program. The laboratory shall submit to the department verified proof of this licensure,  certification or accreditation along with the laboratory's evaluation report. A laboratory shall notify the department within twenty-four hours of its receipt of notice that its accreditation has been rescinded or modified. If the department determines that an accreditation program is no longer approved,  it shall conduct on-site inspections pursuant to this section.
D. If the director has reasonable cause to believe that a licensed or unlicensed laboratory or a laboratory requesting licensure is not in substantial compliance with the licensing requirements established pursuant to this article,  the director may make announced or unannounced on-site inspections of the laboratory at any reasonable time to determine compliance. An application for licensure grants the department permission to conduct on-site inspections as prescribed pursuant to this section.
E. If as a result of an inspection the director determines that a laboratory is not in substantial compliance with this article and rules adopted pursuant to this article,  he may modify,  suspend,  revoke or deny renewal of the license. This action shall follow a hearing held pursuant to chapter 41,  article 6. If the director believes that the immediate interests of the general public will be best served by allowing the laboratory an opportunity to correct the deficiency,  he may issue a provisional license for not more than six months. The laboratory shall agree to carry out a plan approved by the department to correct the deficiencies. The laboratory may be relicensed only after the expiration of its provisional license and only if the department determines that the licensee is in substantial compliance with this article and rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-464 - Fees; deposit

36-464.
Fees;  deposit
A. The director shall establish by rule fees that do not exceed the cost to the department of conducting on-site inspections,  evaluation and verification of information submitted with an application and other activities related to licensure of clinical laboratories pursuant to this article and rules adopted pursuant to this article. Fees for an application for a regular license,  a provisional license and renewal of a license shall be based on the services that the laboratory is licensed to provide.
B. Fees collected in accordance with the provisions of this article shall be deposited in the state general fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-465 - Clinical laboratory licensure advisory committee; department rules; interpretive guidelines

36-465.
Clinical laboratory licensure advisory committee;  department rules;  interpretive guidelines
A. The director shall appoint a clinical laboratory licensure advisory committee consisting of members representing a variety of persons affected by this article. The committee shall advise the director regarding the adoption of rules and shall make recommendations regarding interpretive guidelines necessary to properly administer and enforce the provisions of this article. Committee members serve at the pleasure of the director. Committee members are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38,  chapter 4,  article 2.
B. After consultation with the advisory committee,  the director shall adopt rules for clinical laboratories,  relating to:
1. Classes and levels of laboratory practice and types and categories of laboratory examinations performed on material taken from the human body.
2. Minimum standards of proficiency testing to ensure valid and accurate laboratory testing.
3. The construction and operation of the laboratory,  including plumbing,  heating,  lighting,  ventilation,  electrical services and similar conditions to assure that the operation of the laboratory is conducted in a manner which will protect the public health. A rule adopted pursuant to this paragraph shall require that laboratory facilities conform to all state and local building,  safety and fire codes and ordinances.
4. The education,  training,  experience and responsibilities of laboratory directors,  supervisors and personnel who perform laboratory examinations and procedures for collecting human specimens or blood.
5. All conditions within the laboratory related to infectious,  hazardous and toxic materials.
6. Requirements to adequately assure the validity and reliability of the laboratory examinations and test results.
7. The proper collection,  transportation and storage of specimens.
8. Reports,  records,  equipment and facilities necessary for the proper and effective operation of the laboratory.
9. Persons who may collect and submit human specimens for examination and receive examination results.
10. Additional grounds for denial,  suspension and revocation of a license.
11. Exemptions from on-site inspections.
12. Criteria for determining substantial compliance with the provisions of this article and rules adopted pursuant to this article.
C. The department may issue interpretive guidelines on subjects relating to rules adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-466 - Advisory committee on clinical laboratories; membership; duties

36-466.
Advisory committee on clinical laboratories;  membership;  duties
A. The advisory committee on clinical laboratories is established consisting of the following members:
1. Four physicians who are licensed pursuant to title 32,  chapter 13 or 17 and who are actively engaged in the practice of medicine. The director shall appoint these members.
2. Two physicians who are licensed pursuant to title 32,  chapter 13 or 17 and who are employed by a clinical laboratory as pathologists. The director shall appoint these members.
3. The director or the director's designee.
B. The committee shall:
1. Annually select a chairperson and vice-chairperson from among its members.
2. Advise the department on the use and renewal of standing orders.
3. Conduct regular meetings at the call of the chairperson or a majority of the committee members.
C. The department shall adopt rules based on the recommendations of the advisory committee.
D. Committee members are not eligible to receive compensation or reimbursement of expenses.
E. The department shall provide necessary staff services to the committee.
F. The appointed committee members serve three-year terms.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-467 - Reports by laboratories

36-467.
Reports by laboratories
A laboratory shall make available to the director on request all information that the laboratory is required by rule to keep including personnel records and information and data concerning its operation,  quality assurance program,  proficiency test program and laboratory procedures. The department may require that this information be under oath,  be signed by the owner and director of the laboratory and be available at all times at the laboratory.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-468 - Laboratory testing without health care provider's order; results; report; duty of care; liability; definition

36-468.
Laboratory testing without health care provider's order;  results;  report;  duty of care;  liability;  definition
A. A person may obtain any laboratory test from a licensed clinical laboratory on a direct access basis without a health care provider's request or written authorization if the laboratory offers that laboratory test to the public on a direct access basis without a health care provider's request or written authorization.
B. If a laboratory test of a person is conducted by or under the supervision of a person other than a health care provider and not at the request or with the written authorization of a health care provider,  any report of the test results shall be provided by the person conducting the test to the person who was the subject of the test. The report shall state in bold type that it is the responsibility of the person who was tested to arrange with the person's health care provider for consultation and interpretation of the test results.
C. A health care provider's duty of care to a patient does not include any responsibility to review or act on the laboratory test results of a patient if the health care provider did not request or authorize the laboratory test. A health care provider is not subject to liability or disciplinary actions for the failure to review or act on the results of a laboratory test of any patient if the health care provider did not request or authorize the laboratory test.
D. A clinical laboratory may not submit a claim for reimbursement from a third-party payor for any laboratory test conducted without a health care provider's request or written authorization.
E. This section does not require that a laboratory test be covered by a health insurance plan or product pursuant to title 20 or by any program administered by the Arizona health care cost containment system administration pursuant to chapter 29 of this title.
F. For the purposes of this section,  " health care provider"  means a person who is licensed pursuant to title 32 and who is authorized to order laboratory testing.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-469 - Civil penalties

36-469.
Civil penalties
A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this article or a rule adopted pursuant to this article. Each day a violation occurs constitutes a separate violation. The department shall hold a hearing pursuant to title 41,  chapter 6,  article 10 to determine if a violation has occurred.
B. The attorney general or the county attorney shall bring an action in the name of this state to enforce the collection of penalties assessed pursuant to this section. An action shall be brought in the justice court or the superior court in the county in which the violation occurs.
C. Penalties assessed pursuant to this section are in addition to other penalties imposed pursuant to this chapter.
D. The director shall deposit,  pursuant to sections 35-146 and 35-147,  penalties collected pursuant to this section in the state general fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-470 - Examination of specimens; written requests; reports of results; retention of test records

36-470.
Examination of specimens;  written requests;  reports of results;  retention of test records
A. Except as otherwise provided,  a clinical laboratory shall examine specimens at the authorization of any person licensed pursuant to title 32,  chapter 7,  8,  13,  14,  17 or 29 or title 32,  chapter 11,  article 2,  a person licensed to practice medicine or surgery in another state or a person authorized by law or department rules.
B. The result of a test shall be reported to the person who authorized it. A report of results issued from a clinical laboratory shall provide information required by the department by rule. A clinical interpretation,  diagnosis or prognosis or suggested treatment other than normal values shall not appear on the laboratory report form,  except that a report made by a physician licensed to practice medicine and surgery in this state or another state may include this information.
C. The result of a test may be reported to a health care provider,  as defined in section 12-2291,  that has a treatment relationship with a patient,  to a person or entity that provides services to the health care provider and with whom the health care provider or the clinical laboratory has a business associate agreement that requires the person or entity to protect the confidentiality of patient information as required by the health insurance portability and accountability act privacy standards,  45 Code of Federal Regulations part 164,  subpart E or to the patient or the patient's health care decision maker.
D. All specimens accepted by a laboratory for specified tests shall be tested on its premises,  except that specimens,  other than those for proficiency testing purposes,  may be forwarded for examination to another laboratory licensed under this article or exempted by section 36-461,  paragraph 1.
E. When the laboratory performing the examination is other than the laboratory accepting the specimen,  the report submitted shall include information required by the department by rule.
F. Records involving laboratory services and copies of reports of laboratory tests shall be kept in a manner as prescribed by the department by rule.
G. A person authorized to request clinical laboratory examinations pursuant to this section may direct that a clinical laboratory examine a person's specimens at that person's request if the authorization is given pursuant to department rules and specifies:
1. The name of the person authorized to request an examination and to receive the results of that examination.
2. The type of examinations to be performed by the laboratory.
3. The total number of examinations the authorized person may request.
4. The beginning and expiration dates of the authorization.
5. The identification of the person giving the authorization.
H. The laboratory shall report test results ordered pursuant to subsection G of this section to the person who authorized the test and to the person who requested it.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-471 - Persons authorized to collect human specimens or blood

36-471.
Persons authorized to collect human specimens or blood
A. Only a person authorized by law shall collect human bodily materials. Technical personnel of a laboratory may collect blood,  remove stomach contents and collect material for smears and cultures or inject substances under the direction or on the written request of a licensed physician for examination by a licensed laboratory.
B. Paramedics,  advanced emergency medical technicians or personnel who have written approval of the director may collect blood and collect material for smears and cultures under the direction or on the written request of a licensed physician.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-472 - Rebates, fee-splitting and solicitation of referrals prohibited

36-472.
Rebates,  fee-splitting and solicitation of referrals prohibited
A. The owner or director of a laboratory shall not personally or through an agent,  solicit the referral of specimens to his or any other laboratory in a manner which offers or implies an offer of rebates to persons submitting specimens or other fee-splitting inducements or participate in any fee-splitting arrangement. This applies to contents of fee schedules,  billing methods or personal solicitation. The contractual provision of laboratory services for a fixed fee independent of the number of specimens submitted for such services is declared to be a violation of this section.
B. The bill to the patient shall specify the actual charge by the reference laboratory together with the reasonable specimen collection charge by the referring laboratory or physician.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-472.01 - Billing for laboratory costs; definition

36-472.01.
Billing for laboratory costs;  definition
A. A laboratory that provides anatomic pathology services shall not submit a bill to any person or entity other than the following:
1. The patient.
2. The responsible insurer or other third party payor.
3. The health care institution.
4. A referring laboratory,  excluding the laboratory of the health professional who ordered the test.
5. A governmental agency or the agency's public or private agent,  agency or organization that is acting on behalf of the recipient of the services.
B. For the purposes of this section,  " anatomic pathology services"  includes cytology services,  molecular pathology services,  hematopathology,  histopathology,  surgical pathology,  and blood banking services performed by a pathologist. Anatomic pathology services does not include the collection,  packaging and transportation of the specimen.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-473 - Grounds for denial, suspension or revocation of license

36-473.
Grounds for denial,  suspension or revocation of license
A. After a hearing held pursuant to title 41,  chapter 6,  article 10,  the director may deny,  suspend or revoke a license or deny the renewal of a license if he determines that a person has done any of the following:
1. Violated any of the provisions of this article or rules adopted pursuant to this article.
2. Violated any provision of title 32,  chapter 13.
3. Advertised clinical laboratory procedures to the public in a form or manner not approved by the director.
4. Knowingly accepted a referral for laboratory tests or specimens from and submitted a report to persons not licensed or otherwise authorized by law to submit specimens and receive reports.
5. Referred a specimen for examination to a laboratory not licensed under this article or exempted by section 36-461 or as authorized by this article.
6. Submitted a report on clinical laboratory work actually performed in another clinical laboratory without designating the name of the director and the name and address of the laboratory in which the test was performed.
7. Been convicted of a felony or of any crime involving moral turpitude under the laws of any state or of the United States arising out of or in connection with the operation of a laboratory. The record of conviction or a certified copy is conclusive evidence of a conviction.
8. Failed to pay fees required by the department.
B. If the director has reason to believe that a violation of this section is occurring that threatens the life or safety of patients he may order,  on written notice to the licensee,  the immediate termination of specific services,  tests and use of equipment.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-474 - Investigation of complaints; notice of hearing

36-474.
Investigation of complaints;  notice of hearing
A. The department may,  upon its own initiative,  and shall upon the verified complaint of any person setting forth facts which if proven would constitute grounds for action taken pursuant to section 36-473,  investigate the applicant or licensee.
B. The department shall notify the applicant or licensee of the date,  time and place of the hearing which shall be heard not less than ten days after the notice is served or mailed.
C. A hearing conducted pursuant to this section shall comply with the requirements of title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-476 - License surrender; certification

36-476.
License surrender;  certification
A. Upon the revocation of his license,  a licensee shall be required to surrender his license to the department,  and upon his failure or refusal to do so,  the department shall have the right to seize the license.
B. The department shall not be required to certify any record,  file any answer or otherwise appear in any proceeding for judicial review unless the party filing the complaint deposits with the clerk of the court a reasonable and customary sum,  as determined by the chief clerk of the department,  to provide for the costs of such certification. Failure on the part of the plaintiff to make such deposit shall be grounds for dismissal of the action.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-478 - Injunction

36-478.
Injunction
The operation or maintenance of an unlicensed clinical laboratory in violation of this article is declared a nuisance inimical to the public health,  welfare and safety. The director,  in the name of the people of the state,  through the attorney general,  may,  in addition to other remedies provided in this article,  bring an action for an injunction to restrain such violation or to enjoin the future operation or maintenance of any such clinical laboratory until compliance with the provisions of this article has been obtained.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-479 - Violations; classification

36-479.
Violations;  classification
A person is guilty of a class 3 misdemeanor if he:
1. Operates,  maintains,  directs or engages in the business of operating a clinical laboratory without a current license issued pursuant to this article.
2. Accepts blood or specimens for tests from and makes reports to persons who are not authorized by law to submit,  receive or use these reports or materials. This does not prohibit the transferral of blood or referral specimens from one clinical laboratory licensed under this article to another clinical laboratory licensed under this article if the report indicates clearly the laboratory performing the test and the name of the director of such clinical laboratory.
3. Knowingly violates any provision of this article or any rule adopted pursuant to this article.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495 - Definitions

36-495.
Definitions
In this chapter,  unless the context otherwise requires:
1. " Compliance testing"  means laboratory analysis of any matter,  pollutant,  contaminant,  hazardous substance or other substance subject to regulation pursuant to:
(a) Title 49 or rules adopted or enforced by the department of environmental quality for the purpose of determining compliance with title 49.
(b) Federal environmental statutes or regulations administered or enforced by the United States environmental protection agency relating to the safe drinking water act (42 United States Code sections 300f through 300j),  the clean air act (42 United States Code sections 7401 through 7642),  the clean water act (33 United States Code sections 1251 through 1376),  the resource conservation and recovery act (42 United States Code sections 6921 through 6939B),  the comprehensive environmental response,  compensation,  and liability act (42 United States Code sections 9601 through 9657) and the toxic substance control act (42 United States Code sections 2601 through 2654) as they relate only to the regulation of polychlorinated biphenyls and asbestos.
(c) Federal or state statutes and rules relating to the safety,  contamination and sanitation of drinking water sold in bottles,  or ice or water sold by machine or hauled and enforced by the department of health services or the United States food and drug administration.
2. " Department"  means the department of health services.
3. " Director"  means the director of the department of health services.
4. " Environmental laboratory"  or " laboratory"  means a facility where compliance testing is performed.
5. " Facility"  means a place,  building,  installation,  structure or vehicle.
6. " Government agency"  means an agency of the United States government,  this state or a political subdivision of this state.
7. " Laboratory director"  means an individual who administers the technical and scientific operation of an environmental laboratory and who is responsible for reporting laboratory test results as specified in this chapter or rules adopted pursuant to this chapter.
8. " License"  means a regular license,  renewal license or provisional license issued by the department pursuant to this chapter.
9. " Person"  means an individual,  employee,  officer,  managing body,  trust,  firm,  joint stock company,  consortium,  corporation,  partnership,  association,  state or political subdivision of a state or the United States government.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.01 - Licensure program; rules

36-495.01.
Licensure program;  rules
A. On or before July 1,  1991,  the department shall license environmental laboratories engaged in compliance testing. Upon application for an environmental laboratory license,  the department shall issue the license if,  after investigation,  the department determines that the application conforms with the standards established by the department.
B. The director shall prescribe rules providing for minimum standards of proficiency,  methodology,  quality assurance,  operation and safety for environmental laboratories and may prescribe standards for personnel education,  training and experience to meet federal environmental statutes or regulations,  or enabling reciprocity with other states and the manner and form in which compliance testing results are reported. The rules shall be developed in cooperation with the director of the department of environmental quality and shall be consistent with title 49 and rules administered or enforced by the director of environmental quality.
C. The director shall prescribe rules providing minimum standards for third party accreditation.
D. Unless exempted by section 36-495.02,  no person may operate or maintain an environmental laboratory without a license issued by the department pursuant to this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.02 - Exemptions

36-495.02.
Exemptions
A. This chapter does not apply to an environmental laboratory in this state that is:
1. Certified or designated by the United States environmental protection agency as the laboratory that provides analytical services to this state required for the delegation of primary enforcement responsibility under a federal law or regulation administered by that agency.
2. Operated by the Arizona department of agriculture or the department of health services.
3. Performing only compliance testing of parameters that require analysis at the time of sample collection as long as the testing methodologies employed are approved by the director of the department of health services or the department of environmental quality.
4. Licensed to perform those analyses for which it is licensed or certified by another agency of this state.
5. Accredited by a national voluntary laboratory accreditation program administered by the national institute of standards and technology and approved by the department.
B. In addition to the exemptions established in subsection A of this section,  the director of the department of health services may also exempt by rule certain classes of environmental laboratories and types of compliance testing,  parameters and methods,  if the director determines that the exemptions will not adversely affect the public health or the environment. The rules shall be developed in cooperation with the director of the department of environmental quality and the director of the Arizona department of agriculture.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.03 - License application; issuance; expiration

36-495.03.
License application;  issuance;  expiration
A. Unless exempted pursuant to section 36-495.02,  a person who operates or maintains an environmental laboratory located in this state shall file an application with the department at least thirty days before the anticipated operation of a new laboratory for an environmental laboratory license accompanied by the license application fee established by this chapter. A person shall obtain a license for each laboratory,  except that only one license is required for contiguous or coterminous laboratories under the same ownership. The director,  by rule,  shall prescribe when noncontiguous laboratories with the same owners may be operated under a single license.
B. The application shall be on a form prescribed and furnished by the department. The application shall be under oath and shall contain:
1. The name and location of the environmental laboratory.
2. The name of the person owning the facility and the name of the individual directing the laboratory.
3. A description of the services and tests provided by the environmental laboratory.
4. Other information the department deems necessary to carry out its powers and duties under this chapter.
C. The department shall issue a regular license to an applicant to operate an environmental laboratory to provide the services and tests described in the application if the department determines that the applicant is in compliance with the provisions of this chapter and rules adopted pursuant to this chapter.
D. If the owner is not the laboratory director,  the director shall issue a license jointly to the owner and the laboratory director who are jointly responsible for the maintenance and operation of the laboratory and for violations of this chapter or rules adopted pursuant to this chapter.
E. A license issued by the department is valid only in the name of the persons to whom it is issued and cannot be sold,  assigned or transferred. A license is valid only for the facility or facilities for which it is issued. If there is a change in the laboratory name,  directorship or ownership or an appointment of an acting laboratory director,  the license automatically expires,  unless within twenty business days after the change the department is notified in writing of the change and an application for a new license is submitted to the department. A fee shall not be charged for this application. The director shall issue a new license reflecting the change if the laboratory is still in compliance with the provisions of this chapter and rules adopted pursuant to this chapter.
F. A regular license expires one year after the date of issuance and shall be renewed on submission of a renewal application and payment of the renewal application fee prescribed in section 36-495.06,  at least thirty days before expiration of the license,  unless the director determines pursuant to section 36-495.09 that grounds exist to deny the application.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.04 - Laboratory director; duties

36-495.04.
Laboratory director;  duties
The director of an environmental laboratory shall:
1. Ensure that all services and tests provided by the laboratory are performed in compliance with this chapter or rules adopted pursuant to this chapter.
2. Direct and supervise services and tests provided by the laboratory and be responsible for the work of all personnel in the laboratory.
3. Be responsible for safety and hazardous substance control in the laboratory.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.05 - Provisional licenses

36-495.05.
Provisional licenses
A. The department may issue a provisional license for a period of not more than twelve months at the time it issues a notice of suspension of a regular license. The department may suspend a regular license if an inspection or investigation of a laboratory reveals a violation of the rules adopted by the director pursuant to this chapter and the director believes that the immediate interests of the public are best served by affording the laboratory the opportunity to correct the deficiencies. The director shall issue a provisional license only if the licensee agrees to carry out a plan acceptable to the department to eliminate the deficiencies within the term of the provisional license or period of time specified by the department.
B. A licensee's agreement to carry out a plan of correction does not constitute a waiver of its right to have a hearing on the notice of suspension. A hearing on the notice of suspension may include review of the appropriateness of the laboratory's plan of correction.
C. An application for a regular license may be submitted thirty days before the expiration of a provisional license issued pursuant to this section. The department shall condition its issuance of a regular license at the expiration of the term of the provisional license on the licensee being in full compliance with the correction plan and this chapter or rules adopted pursuant to this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.06 - Fees

36-495.06.
Fees
A. The department shall charge and collect a nonrefundable fee for a regular or a renewal license.
B. The director shall establish by rule a fee schedule that does not exceed the cost to the department to conduct an on-site inspection,  approve third party accreditation,  verify information submitted with the application and other activities related to licensure of environmental laboratories pursuant to this chapter or rules adopted pursuant to this chapter. The fee schedule for application for a regular or renewal license shall be based on the types of compliance testing that the laboratory is licensed to provide.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.07 - Inspection; investigations

36-495.07.
Inspection;  investigations
A. The department may make an initial inspection,  and thereafter an annual inspection,  of each laboratory to determine compliance with this chapter or rules adopted pursuant to this chapter.
B. An application for licensure pursuant to this chapter constitutes permission for the department's entry or inspection of the laboratory during the pendency of the application and,  if licensed,  during the term of the license for the purpose of determining compliance with this chapter or rules adopted pursuant to this chapter.
C. The department may require,  as part of its inspections,  that the laboratory demonstrate proficiency in performing tests that it offers by examining specimens submitted by the department,  the United States environmental protection agency or other proficiency testing services approved by the department.
D. In addition to the inspections provided for in subsection A of this section,  the department,  on its own initiative or on the receipt of a written complaint from a person setting forth facts which,  if proven,  constitute a violation of this chapter or rules adopted pursuant to this chapter,  may make an investigation of the laboratory's operations,  techniques and procedures. If the investigation or an inspection conducted pursuant to this section discloses past or current noncompliance with statutes and rules,  the director,  in accordance with section 36-495.09,  may deny,  suspend or revoke a license issued by the department pursuant to this chapter.
E. At any time the department may conduct an investigation of the operation of an unlicensed laboratory performing compliance testing and may conduct on-site inspections of the laboratory,  records,  procedures and methods to determine whether the laboratory must be licensed pursuant to this chapter.
F. The director by rule shall establish standards and procedures for third party accreditation and exempting inspections and inspection fees for a laboratory that is accredited by a third party.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.08 - Reports by laboratories

36-495.08.
Reports by laboratories
A laboratory shall make available to the department on written request information and data concerning its operation,  techniques and procedures. The department may require that the information be submitted under oath and signed by the owner or director of the laboratory. The department may require the laboratory director or owner to submit other reports or information that it deems necessary to administer this chapter.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.09 - Suspension, revocation or denial of license; hearing

36-495.09.
Suspension,  revocation or denial of license;  hearing
A. Pursuant to title 41,  chapter 6,  article 10,  the director may deny,  revoke or suspend the license of a laboratory if its owners,  officers,  agents or employees do any of the following:
1. Violate this chapter or rules adopted pursuant to this chapter.
2. Issue or cause to be issued a report on environmental laboratory work performed in another laboratory without designating the name and address of the laboratory that performed the work.
3. Commit a felony under the laws of any state or of the United States arising out of or in connection with the operation of a laboratory. The record of conviction or a certified copy is conclusive evidence of conviction.
4. Knowingly aid,  permit or abet the submission of false or inaccurate information required by this chapter or rules adopted pursuant to this chapter.
5. Violate the requirements for licensure of the laboratory pursuant to this chapter.
B. If the director reasonably believes that a violation of subsection A,  paragraph 5 of this section has occurred and that the life or safety of the public is immediately affected,  on written notice to the owner or director of the laboratory,  the director may order the immediate termination of specific testing services,  procedures or practices.
C. Except as provided in subsection B of this section and section 41-1092.11,  subsection B,  the director shall not suspend,  revoke or deny a license without affording the licensee notice and an opportunity for a hearing as provided in title 41,  chapter 6,  article 10.
D. A person whose application for a license is denied by the director or who has been ordered pursuant to subsection B of this section to immediately terminate specific services,  procedures or practices,  at any time within thirty days after notice of the denial or order,  may request in writing a hearing before the director or a person designated by the director to review the director's action. The hearing shall be held within thirty days after the written request.
E. All hearings shall be held in accordance with title 41,  chapter 6,  article 10.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.10 - Operation of unlicensed laboratory; cease and desist order; injunction; letter

36-495.10.
Operation of unlicensed laboratory;  cease and desist order;  injunction;  letter
A. The operation or maintenance of an environmental laboratory that does not hold a current or valid license or that exceeds the range of the services or tests authorized by a license issued pursuant to this chapter is a public nuisance. The director,  in addition to other remedies provided in this chapter,  may issue a cease and desist order pursuant to section 36-601 or,  in the name of the people of this state,  through the attorney general,  may bring an action for an injunction to restrain the violation or to enjoin the future operation or maintenance of the environmental laboratory until the laboratory complies with the provisions of this chapter.
B. Before issuing a cease and desist order or bringing an action for injunction pursuant to this section,  the department may issue a certified letter to a licensed or unlicensed facility in which it states the factual basis for the department's belief that the laboratory is operating in violation of this chapter or rules adopted pursuant to this chapter. The department may include within the letter the enforcement options available to the department if the violations continue.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.11 - Violation; classification

36-495.11.
Violation;  classification
A. A person is guilty of a class 3 misdemeanor if he:
1. Operates,  maintains,  directs or engages in the business of operating an environmental laboratory without a license issued by the department.
2. Knowingly violates a provision of this chapter or a rule adopted pursuant to this chapter.
B. Each day that a violation continues constitutes a separate offense.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.12 - Violations; civil penalties

36-495.12.
Violations;  civil penalties
A. The department may assess a civil penalty in an amount of not more than three hundred dollars for each violation of this chapter after a hearing is conducted pursuant to title 41,  chapter 6,  article 10. Each day that a violation continues constitutes a separate violation.
B. The attorney general or the county attorney shall bring actions to enforce the collection of penalties assessed pursuant to subsection A in the name of this state in the justice court or the superior court in the county in which the violation occurs.
C. Penalties assessed under this section are in addition to other penalties imposed pursuant to this chapter.
D. The director shall deposit,  pursuant to sections 35-146 and 35-147,  penalties collected pursuant to this section in the state general fund.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.13 - Powers of the director

36-495.13.
Powers of the director
A. In addition to the rules required by section 36-495.01,  the director may adopt other rules and prescribe forms that are necessary for the administration and enforcement of this chapter.
B. The director may issue interpretive guidelines on subjects relating to the rules adopted under this chapter.
C. The director may enter into intergovernmental agreements with other agencies of this state for the purpose of licensing environmental laboratories performing compliance testing.
2023 Arizona Revised Statutes › Title 36 - Public Health and Safety › § 36-495.14 - Out-of-state laboratories; licensure; reciprocity

36-495.14.
Out-of-state laboratories;  licensure;  reciprocity
A. Except as provided in this section,  a laboratory located outside of this state that performs compliance testing shall be licensed pursuant to this chapter. The laboratory shall pay all applicable fees and is subject to the same investigatory and disciplinary powers of the department. In addition,  the department,  by rule,  may require that the laboratory post a bond with the department to cover the travel costs of prelicensure and postlicensure inspections and evaluations.
B. A laboratory which is located outside of this state and is licensed by this state shall renew the license by submitting an application and fee at least sixty days before the expiration of the license. The department,  by rule,  may also prescribe that an out-of-state application be accompanied by an additional fee to cover the costs of prerelicensure on-site evaluation and inspection.
C. The director shall designate the location of hearings held in relation to disciplinary matters or the issuance of a license.
D. The director may enter into a reciprocity agreement with the licensing agency of another state if the director determines that the licensing requirements of that state are substantially equal to those of this state. The agreement shall provide that the licensing agencies of both states shall recognize a current license issued by the other state for the purpose of meeting the licensure requirements of either state. The agreement shall also provide that both states,  on the request of either state,  shall conduct necessary investigations to determine compliance and shall allow on-site inspections by investigators from either state.
E. If a reciprocal state revokes,  suspends or refuses to renew the license of a laboratory located in that state,  this state shall recognize that action unless the laboratory notifies the department within five business days of the action that it wishes this state to undertake an independent review and investigation and posts a bond as prescribed by the department to conduct the review. If,  at the conclusion of that review,  this state determines that the laboratory meets the licensure requirements of this state,  it shall issue a license to that laboratory on payment of all fees required by this chapter. Notwithstanding the terms of a reciprocity agreement,  if either state takes action contrary to the action of the other,  neither state has to recognize the license issued by the other.